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RULE §815.114Employer Elections To Cover Multistate Workers

(a) Scope. This section shall govern the Texas Workforce Commission in its administrative cooperation with other states subscribing to the Interstate Reciprocal Coverage Arrangement (arrangement).

(b) Definitions. As used in this section, the following words and terms shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Agency--Any officer, board, the Texas Workforce Commission, or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction.

  (2) Interested jurisdiction--Any participating jurisdiction to which an election submitted under this section is sent for its approval; and "interested agency" means the agency of that jurisdiction.

  (3) Jurisdiction--Any state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, or, with respect to the federal government the coverage of any federal unemployment compensation law.

  (4) Participating jurisdiction--A jurisdiction whose administrative agency has subscribed to the arrangement and whose adherence thereto has not terminated.

  (5) Services "customarily performed" by an individual in more than one jurisdiction--Services performed in more than one jurisdiction during a reasonable period, if: the nature of the services gives reasonable assurance that the services will continue to be performed in more than one jurisdiction; or the services are required or expected to be performed in more than one jurisdiction under the election.

(c) Submission and approval of coverage elections under the Interstate Reciprocal Coverage Arrangement.

  (1) Any employing unit may file an election, on a form provided by the Texas Workforce Commission, to cover under the law of a single participating jurisdiction all of the services performed for the employing unit by any individual who customarily works for the employing unit in more than one participating jurisdiction.

  (2) The employing unit's election may be filed, with respect to an individual, with any participating jurisdiction in which:

    (A) any part of the individual's services are performed;

    (B) the individual has a residence; or

    (C) the employing unit maintains a place of business to which the individual's services bear a reasonable relation.

  (3) The agency of the elected jurisdiction (thus selected and determined) shall initially approve or disapprove the election.

  (4) If the agency approves the election, it shall forward a copy thereof to the agency of each other participating jurisdiction named by the election under whose unemployment compensation law the individual or individuals in question might, in the absence of the election, be covered. Each interested agency shall promptly approve or disapprove the election, and shall notify the agency of the elected jurisdiction.

  (5) In case its law so requires, an interested agency may, before taking an action, require from the electing employing unit satisfactory evidence that the affected employees have been notified of, and have acquiesced in, the election.

  (6) If the agency of the elected jurisdiction, or the agency of any interested jurisdiction, disapproves the election, the disapproving agency shall notify the elected jurisdiction and the electing employing unit of its action and of its reason therefor.

  (7) An election shall take effect as to the elected jurisdiction only if approved by its agency and by one or more interested agencies.

  (8) An election that is approved shall take effect, as to any interested agency, only if it is approved by the interested agency.

  (9) In case an election approved only in part, or disapproved by some of the interested agencies, the electing employing unit may withdraw its election within 10 days after being notified of the action.

(d) Effective period of elections.

  (1) Commencement.

    (A) An election duly approved under this section shall become effective at the beginning of the calendar quarter in which the election was submitted, unless the election, as approved, specifies the beginning of a different calendar quarter.

    (B) If the electing unit requests an earlier effective date than the beginning of the calendar quarter in which the election is submitted, the earlier date may be approved solely as to those interested jurisdictions in which the employer had no liability to pay contributions for the earlier period in question.

  (2) Termination.

    (A) The application of an election to any individual under this section shall terminate, if the agency of the elected jurisdiction finds that the nature of the services customarily performed by the individual for the electing unit has changed, so that they are no longer customarily performed in more than one participating jurisdiction. The termination shall be effective as of the close of the calendar quarter in which notice of the finding is mailed to all parties affected.

    (B) Except as provided in subparagraph (A) of this paragraph, each election approved shall remain in effect through the close of the calendar year in which it is submitted, and until the close of the calendar quarter in which the electing unit gives written notice of its termination to all affected agencies.

    (C) Whenever an election hereunder ceases to apply to any individual, under subparagraphs (A) or (B) of this paragraph, the electing unit shall notify the affected individual accordingly.

(e) Reports and notices by the electing unit.

  (1) The electing unit shall promptly notify each individual affected by its approved election on a form approved by the elected jurisdiction and shall furnish the elected agency a copy of the notice.

  (2) Whenever an individual covered by an election hereunder is separated from employment, the electing unit shall again notify the individual, forthwith, as to the jurisdiction under whose unemployment compensation law the individual's services have been covered. If at the time of termination the individual is not located in the elected jurisdiction, the electing unit shall notify the individual as to the procedure for filing interstate benefit claims.

  (3) The electing unit shall immediately report to the elected jurisdiction any change which occurs in the conditions of employment pertinent to its election, such as cases where an individual's services for the employer cease to be customarily performed in more than one participating jurisdiction or where a change in the work assigned to an individual requires the individual to perform services in a new participating jurisdiction.

(f) Approval of reciprocal coverage elections. The executive director, or the executive director's designee, has the authority to approve or disapprove reciprocal coverage elections in accordance with this section.

Source Note: The provisions of this §815.114 adopted to be effective November 6, 2000, 25 TexReg 11093

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