The Online Resource for Massachusetts Poverty Law Advocates

46. Interstate Claims

The UI system has a set of rules for workers who have worked in more than one state, have worked in another state for an out-of state employer, or have moved to another state since they began collecting UI. Under federal law, states are required to set up an Interstate Benefit Plan, which allows a worker who lost his job in one state to collect UI in another state in which he resides. 26 U.S.C. § 3304 (a)(9)(B). The Massachusetts law governing interstate claims appears at G.L. c. 151A, § 66; 430 CMR §§ 4.05 and 4.09.  

As a result of a change in federal regulations in January, 2009, an interstate benefit claimant may file a UI claim in any state in which he or she had wages during the base period and in which he or she qualifies for UI under that state's laws. (Under a prior regulation, a claimant could file a claim in any state in which he or she had base period wages or in which he or she resided.) 

The UI law of the state in which the UI claim is filed (paying state) controls in interstate claims. 20 C.F.R. 616.8 (a). That state investigates the claim, and, unless an issue has already been determined by the transferring state (any other state in which the claimant had covered employment and base period wages and which transfers those wages to the paying state) determines eligibility, and conducts redeterminations or appeals.

If a state denies a combined-wage claim, it must inform the claimant of the option to file in another state in which the claimant had covered employment and base period wages. 20 C.F.R. 616.7(f); 430 CMR § 4.09(7).

The DUA telephone number for questions about Interstate Claims is 617-626-6852.