Section 288.340

Title XVIII LABOR AND INDUSTRIAL RELATIONS

Chapter 288

Effective - 20 Jan 1972, 2 histories, see footnote   

  288.340.  Cooperation with federal government and sister states. — 1.  In the administration of this law, the division shall cooperate to the fullest extent consistent with the provisions of this law, with the United States Department of Labor; shall make such reports in such form and containing such information as the Secretary of Labor may from time to time require; and shall comply with such directives as the Secretary of Labor may from time to time find necessary to assure the correctness and verification of such reports; and shall comply with the regulations prescribed by the Secretary of Labor governing the expenditures of such sums as may be allotted and paid to this state under Title III of the Federal Social Security Act (42 U.S.C.A. Sec. 501 et seq.) for the purpose of assisting in the administration of this law.  The division may make its records available to the Railroad Retirement Board, and may furnish the Railroad Retirement Board, at the expense of such board, such copies thereof as the Railroad Retirement Board deems necessary for its purposes.  The division may afford reasonable cooperation with every agency of the United States charged with the administration of an unemployment insurance law.

  2.  The administration of this law and of other state employment security, unemployment insurance and public employment service laws will be promoted by cooperation between this state and such other states in exchanging services and making available facilities and information.  The division is authorized to make such investigations, secure and transmit such information, make available such services and facilities and exercise such of the other powers provided herein with respect to the administration of this law as it deems necessary or appropriate to facilitate the administration of any such employment security, unemployment insurance or public employment law and in like manner to accept and utilize information, services and facilities made available to this state by the agency charged with the administration of any other employment security, unemployment insurance or public employment service law.

  3.  The division shall fully cooperate with the agencies of other states and shall make every proper effort within its means to oppose and prevent any further action which would, in its judgment, tend to effect complete or substantial federalization of the unemployment compensation fund of this state or of the states generally or of the unemployment insurance and employment security programs of this state or of the states generally or of any part of the Social Security program.

  4.  Upon request therefor the division shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits under this law.

  5.  For the purpose of establishing and maintaining free public employment offices, the division is authorized to enter into agreements with any agency of the United States charged with the administration of an unemployment insurance law, with any political subdivision of this state or with any private, nonprofit organization, and as a part of any such agreement the division may accept moneys, services, or quarters as a contribution to the unemployment compensation administration fund.

  6.  (1)  The division is hereby authorized to enter into arrangements with the appropriate agencies of other states or of the federal government:

  (a)  Whereby wages or services, upon the basis of which an individual may become entitled to benefits under the unemployment insurance law of another state or of the federal government, shall be deemed to be wages for insured work for the purposes of this law, provided such other state agency or agency of the federal government has agreed to reimburse the fund for such portion of benefits paid under this law upon the basis of such wages or services as the division finds will be fair and reasonable as to all affected interests; and

  (b)  Whereby the division will reimburse other state or federal agencies charged with the administration of unemployment insurance laws with such reasonable portion of benefits, paid under the law of any such other states or of the federal government upon the basis of employment or wages for insured work, as the division finds will be fair and reasonable to all affected interests.

  (2)  The division is hereby authorized to make to other state or federal agencies and receive from such other state or federal agencies, reimbursements from or to the fund, in accordance with arrangements pursuant to this section.

  7.  The division is further authorized to enter into reciprocal agreements with the appropriate agencies of other states or the federal government:

  (1)  Respecting the payment of benefits to individuals having wage credits in this state, but being located in another state and filing a claim in such state; and

  (2)  Adjusting the collection and payment of contributions by employers with respect to employment not localized within this state.

  8.  The division is hereby authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby:

  (1)  Services performed by an individual for a single employing unit for which services are customarily performed by such individual in more than one state shall be deemed to be services performed entirely within any one of the states (i) in which any part of such individual's services are performed, or (ii) in which such individual has his residence, or (iii) in which the employing unit maintains a place of business; provided, there is in effect, as to such services an election, approved by the agency charged with the administration of such state's unemployment insurance law, pursuant to which all of the services performed by such individual for such employing unit are deemed to be performed entirely within such state;

  (2)  Potential rights to benefits accumulated under the unemployment insurance law of one or more states or under one or more such laws of the federal government, or both, may constitute the basis of the payment of benefits through a single appropriate agency under terms which the division finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund;

  (3)  Wages, upon the basis of which an individual may become entitled to benefits under an unemployment insurance law of another state or of the federal government, shall be deemed to be wages for insured work for the purpose of determining his right to benefits under this law and wages for insured work, on the basis of which an individual may become entitled to benefits under this law shall be deemed to be wages on the basis of which unemployment insurance under such law of another state or of the federal government is payable, but no such arrangement shall be entered into unless it contains provision for reimbursements to the fund for such of the benefits paid under this law upon the basis of such wages and provisions for reimbursements from the fund for such of the benefits paid under such other law upon the basis of wages for insured work as the division finds will be fair and reasonable to all affected interests; and

  (4)  Contributions due under this law with respect to wages for insured work shall, for the purposes of section 288.090, be deemed to have been paid to the fund as of the date of payment was made as contributions therefor under another state or federal unemployment insurance law, but no such arrangement shall be entered into unless it contains provisions for such reimbursements to the fund of such contributions and the actual earnings thereon, as the division finds will be fair and reasonable as to all affected interests.

  9.  The division is hereby authorized to enter into arrangements with the appropriate agencies of other states or the federal government whereby individuals performing services in this and other states for a single employing unit under circumstances not specifically provided for in section 288.034, or under similar provisions in the unemployment insurance laws of such other states, shall be deemed to be engaged in employment performed entirely within this state or within one of such other states and whereby potential rights to benefits accumulated under the unemployment insurance laws of several states or under such a law of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency under terms which the division finds will be fair and reasonable as to all affected interests and will not result in any substantial loss to the fund.

  10.  Reimbursements paid from the fund pursuant to subsection 6 of this section shall be deemed to be benefits for the purpose of section 288.060.  To the extent that may be necessary, the division is authorized to make to other state or federal agencies and to receive from such other state or federal agencies, reimbursements from and to the fund, in accordance with arrangements entered into pursuant to the provisions of this and any other section of the employment security law.

  11.  On request of an agency which administers an employment security law of another state, and which has found in accordance with the provisions of such law that a claimant is liable to repay benefits received under such law by reason of having knowingly made a false statement or misrepresentation of a material fact with respect to a claim taken in this state as an agent for such agency, the division shall collect the amount of such benefits from such claimant to be refunded to such agency.  In any case in which under this subsection a claimant is liable to repay any amount to the agency of another state, such amounts may be collected without interest by civil action in the name of the division acting as agent for such agency.

  12.  In the administration of the provisions of this law, which are enacted to conform with the requirements of the Federal Employment Security Amendments of 1970, the director shall take such action as may be necessary to ensure that the provisions are so interpreted and applied as to meet the requirements of such federal act as interpreted by the United States Department of Labor, and to secure to this state the full reimbursement of the federal share of extended benefits paid under this law that are reimbursable under the federal act.

  13.  The division shall participate in any arrangements for the payment of compensation on the basis of combining an individual's wages and employment covered under this law with his wages and employment covered under the unemployment compensation laws of other states which are approved by the United States Secretary of Labor in consultation with the state unemployment compensation agencies as reasonably calculated to assure the prompt and full payment of compensation in such situations and which include provisions for

  (1)  Applying the base period of a single state law to a claim involving the combining of an individual's wages and employment covered under two or more state unemployment compensation laws, and

  (2)  Avoiding the duplicate use of wages and employment by reason of such combining.

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(L. 1951 p. 564 § 288.220, A.L. 1972 S.B. 474)

Effective 1-20-72