1997 Minnesota Statutes

     268.13 Reciprocal benefit arrangements. 

    Subdivision 1.    Authorization.  The commissioner is 
 hereby authorized to enter into reciprocal arrangements with the 
 appropriate and duly authorized agencies of other states and of 
 the federal government, or both, whereby: 

    (1) Service performed by an individual or individuals for a 
 single employing unit for which service is customarily performed 
 in more than one state shall be deemed to be service performed 
 entirely within any one of the states: 

    (a) in which any part of any such individual's service is 
 performed, or 

    (b) in which any such individual has a residence, or 

    (c) in which the employing unit maintains a place of 
 business; provided, there is in effect, as to such service, an 
 election, approved by the agency charged with the administration 
 of such state's employment security law, pursuant to which all 
 the service performed by such individual or individuals for such 
 employing unit is deemed to be performed entirely within such 
 state; 

    (2) The commissioner 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 
 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 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 avoiding the duplicate 
 use of wages and employment by reason of such combining; 

    (3) Wages or services, upon the basis of which an 
 individual may become entitled to benefits under an employment 
 security law of another state or of the federal government, 
 shall be deemed to be wages for insured work for the purpose of 
 determining the individual's rights to benefits under sections 
 268.03 to 268.23, and wages for insured work, on the basis of 
 which an individual may become entitled to benefits thereunder 
 shall be deemed to be wages or services on the basis of which 
 unemployment compensation under such law of another state or of 
 the federal government is payable, but no such arrangement shall 
 be entered into unless it contains provisions for reimbursements 
 to the fund for such of the benefits paid thereunder upon the 
 basis of such wages or service, and provisions for 
 reimbursements from the fund for such of the compensation paid 
 under such other law upon the basis of wages for insured work; 

    (4) Contributions due thereunder with respect to wages for 
 insured work shall for the purpose of section 268.057 be deemed 
 to have been paid to the fund as of the date payment was made as 
 contributions therefor under another state or federal employment 
 security law, but no such arrangement shall be entered into 
 unless it contains provisions for such reimbursement to the fund 
 of such contributions and the actual earnings thereon.  

    Subd. 2.    Reimbursements.  Reimbursements paid from 
 the fund pursuant to subdivision 1 shall be deemed to be 
 benefits for the purposes of sections 268.045 to 268.194.  The 
 commissioner is authorized to make to other state or federal 
 agencies and to receive from such other state or federal 
 agencies, reimbursements from or to the fund, in accordance with 
 arrangements entered into pursuant to subdivision 1. 

    Subd. 3.    Cooperation.  The administration of 
 sections 268.03 to 268.23 and of other state and federal 
 employment security and public employment service laws will be 
 promoted by cooperation between this state and such other states 
 and the appropriate federal agencies in exchanging services, and 
 making available facilities and information.  The commissioner 
 is therefore authorized to make such investigation and audits, 
 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 these 
 sections as the commissioner deems necessary or appropriate to 
 facilitate the administration of any such employment security or 
 public employment service 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 
 such other employment security or public employment service law. 

    If after entering into an arrangement under subdivision 1, 
 clause (2) or (3), the commissioner finds that the unemployment 
 compensation law of any state or of the federal government 
 participating in such arrangement has been changed in a material 
 respect, the commissioner may make new findings and a 
 determination as to whether such arrangement shall be continued 
 with such state or states or with the federal government.  

    Subd. 4.    Utilization of federal benefits.  To the 
 extent permissible under the laws and Constitution of the United 
 States, the commissioner is authorized to enter into or 
 cooperate in arrangements whereby facilities and services 
 provided under sections 268.03 to 268.23 and facilities and 
 services provided under the employment security law of any 
 foreign government, may be utilized for the taking of claims and 
 the payment of benefits under the employment security law of 
 this state or under a similar law of such government.  

    Subd. 5.    Cooperate with other states.  The 
 commissioner shall fully cooperate with the agencies of other 
 states, and shall make every proper effort within the 
 commissioner's means to oppose and prevent any further action 
 which would in the commissioner's judgment tend to effect 
 complete or substantial federalization of state unemployment 
 compensation funds or state employment security programs.  

    HIST: (4337-31) Ex1936 c 2 s 11; 1937 c 306 s 8; 1939 c 443 s 
 9; 1941 c 554 s 10; 1943 c 650 s 8; 1945 c 376 s 10; 1947 c 432 
 s 8-10; 1965 c 45 s 45; 1969 c 9 s 64; 1971 c 942 s 13; 1979 c 
 181 s 16; 1986 c 444; 1989 c 209 art 2 s 1; 1996 c 417 s 31; 
 1997 c 66 s 79