20CFR617.617.16 - Applicable State law.

Content Last Revised: 1/6/94
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CFR
Code of Federal Regulations Pertaining to ETA

Title 20
Employees' Benefits

Chapter V
Employment and Training Administration, Department of Labor

Part 617
Trade Adjustment Assistance for Workers Under the Trade Act of 1974

Subpart B
Trade Readjustment Allowances (TRA)

20 CFR 617.16 - Applicable State law.

Section Number: 617.16
Section Name: Applicable State law.

    (a) What law governs. The applicable State law for any individual, 

for all of the purposes of this part 617, is the State law of the 

State--

    (1) In which the individual is entitled to UI (whether or not the 

individual has filed a claim therefor) immediately following the 

individual's first separation (as defined in paragraph (t)(1) of 

Sec. 617.3), or

    (2) If the individual is not so entitled to UI under the State law 

of any State immediately following such first separation, or is entitled 

to UI under the Railroad Unemployment Insurance Act (RRUI), the State 

law of the State in which such first separation occurred.

    (b) Change of law. The State law determined under paragraph (a) of 

this section to be the applicable State law for an individual shall 

remain the applicable State law for the individual until the individual 

becomes entitled to UI under the State law of another State (whether or 

not the individual files a claim therefor).

    (c) UI entitlement. (1) An individual shall be deemed to be entitled 

to UI under a State law if the individual satisfies the base period 

employment and wage qualifying requirements of such State law.

    (2) In the case of a combined-wage claim (Part 616 of this chapter), 

UI entitlement shall be determined under the law of the paying State.

    (3) In case of a Federal UI claim, or a joint State and Federal UI 

claim (Parts 609 and 614 of this Chapter), UI entitlement shall be 

determined under the law of the State which is the applicable State for 

such claims.

    (d) RRUI claimants. If an individual is entitled to UI under the 

Railroad Unemployment Insurance Act, the applicable State law for 

purposes of paragraphs (a) and (b) of this section is the law of the 

State in which the individual's first qualifying separation occurs.

    (e) Liable State. The State whose State law is determined under this 

section to be the applicable State law for any individual shall be the 

liable State for the individual for all purposes of this part 617. Any 

State other than the liable State shall be an agent State.

[59 FR 932, Jan. 6, 1994]