288.340. Cooperation with federal government and sister states.

MISSOURI STATUTES AND CODES

288.340. Cooperation with federal government and sister states.

Cooperation with federal government and sister states.

288.340. 1. In the administration of this law, the division shallcooperate to the fullest extent consistent with the provisions of this law,with the United States Department of Labor; shall make such reports in suchform and containing such information as the Secretary of Labor may from timeto time require; and shall comply with such directives as the Secretary ofLabor may from time to time find necessary to assure the correctness andverification of such reports; and shall comply with the regulations prescribedby the Secretary of Labor governing the expenditures of such sums as may beallotted and paid to this state under Title III of the Federal Social SecurityAct (42 U.S.C.A. Sec. 501 et seq.) for the purpose of assisting in theadministration of this law. The division may make its records available tothe Railroad Retirement Board, and may furnish the Railroad Retirement Board,at the expense of such board, such copies thereof as the Railroad RetirementBoard deems necessary for its purposes. The division may afford reasonablecooperation with every agency of the United States charged with theadministration of an unemployment insurance law.

2. The administration of this law and of other state employmentsecurity, unemployment insurance and public employment service laws will bepromoted by cooperation between this state and such other states in exchangingservices and making available facilities and information. The division isauthorized to make such investigations, secure and transmit such information,make available such services and facilities and exercise such of the otherpowers provided herein with respect to the administration of this law as itdeems necessary or appropriate to facilitate the administration of any suchemployment security, unemployment insurance or public employment law and inlike manner to accept and utilize information, services and facilities madeavailable to this state by the agency charged with the administration of anyother employment security, unemployment insurance or public employment servicelaw.

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

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

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

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

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

(b) Whereby the division will reimburse other state or federal agenciescharged with the administration of unemployment insurance laws with suchreasonable portion of benefits, paid under the law of any such other states orof the federal government upon the basis of employment or wages for insuredwork, as the division finds will be fair and reasonable to all affectedinterests.

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

7. The division is further authorized to enter into reciprocalagreements with the appropriate agencies of other states or the federalgovernment:

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

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

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

(1) Services performed by an individual for a single employing unit forwhich services are customarily performed by such individual in more than onestate shall be deemed to be services performed entirely within any one of thestates (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 theemploying unit maintains a place of business; provided, there is in effect, asto such services an election, approved by the agency charged with theadministration of such state's unemployment insurance law, pursuant to whichall of the services performed by such individual for such employing unit aredeemed to be performed entirely within such state;

(2) Potential rights to benefits accumulated under the unemploymentinsurance law of one or more states or under one or more such laws of thefederal government, or both, may constitute the basis of the payment ofbenefits through a single appropriate agency under terms which the divisionfinds will be fair and reasonable as to all affected interests and will notresult in any substantial loss to the fund;

(3) Wages, upon the basis of which an individual may become entitled tobenefits under an unemployment insurance law of another state or of thefederal government, shall be deemed to be wages for insured work for thepurpose of determining his right to benefits under this law and wages forinsured work, on the basis of which an individual may become entitled tobenefits under this law shall be deemed to be wages on the basis of whichunemployment insurance under such law of another state or of the federalgovernment is payable, but no such arrangement shall be entered into unless itcontains provision for reimbursements to the fund for such of the benefitspaid under this law upon the basis of such wages and provisions forreimbursements from the fund for such of the benefits paid under such otherlaw upon the basis of wages for insured work as the division finds will befair and reasonable to all affected interests; and

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

9. The division is hereby authorized to enter into arrangements with theappropriate agencies of other states or the federal government wherebyindividuals performing services in this and other states for a singleemploying unit under circumstances not specifically provided for in section288.034, or under similar provisions in the unemployment insurance laws ofsuch other states, shall be deemed to be engaged in employment performedentirely within this state or within one of such other states and wherebypotential rights to benefits accumulated under the unemployment insurance lawsof several states or under such a law of the federal government, or both, mayconstitute the basis for the payment of benefits through a single appropriateagency under terms which the division finds will be fair and reasonable as toall affected interests and will not result in any substantial loss to thefund.

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

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

12. In the administration of the provisions of this law, which areenacted to conform with the requirements of the Federal Employment SecurityAmendments of 1970, the director shall take such action as may be necessary toensure that the provisions are so interpreted and applied as to meet therequirements of such federal act as interpreted by the United StatesDepartment of Labor, and to secure to this state the full reimbursement of thefederal share of extended benefits paid under this law that are reimbursableunder the federal act.

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

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

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