|(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
(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
(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
(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.
(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.
(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
(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
(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.