2019 Tennessee Code
Title 50 - Employer and Employee
Chapter 7 - Tennessee Employment Security Law
Part 7 - Enforcement
§ 50-7-706. Reciprocal arrangements and cooperation.
(a) 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 chapter with the individual's wages and employment covered under the unemployment compensation laws of other states that 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 that include provisions for:
(1) 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 (2) or more state unemployment compensation laws; and
(2) Avoiding the duplicate use of wages and employment by reason of the combining.
(b) The commissioner is authorized to enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby:
(1) Services performed by an individual for a single employing unit for which services are customarily performed by the individual in more than one (1) state shall be deemed to be services performed entirely within any one (1) of the states in which:
(A) Any part of the individual's service is performed;
(B) The individual has the individual's residence; or
(C) The employing unit maintains a place of business; provided, that there is in effect, as to the services, an election by an employing unit with the acquiescence of the individual, approved by the agency charged with the administration of the state's unemployment compensation law, pursuant to which services performed by the individual for the employing unit are deemed to be performed entirely within that state;
(2) Potential rights to benefits accumulated under the unemployment compensation laws of one (1) or more states or under one (1) or more such laws of the federal government, or both, may constitute the basis for the payment of benefits through a single appropriate agency;
(3) Wages or services, upon the basis of which an individual may become entitled to benefits under an unemployment compensation 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 this chapter, and wages for insured work, on the basis of which an individual may become entitled to benefits under this chapter, shall be deemed to be wages or services on the basis of which unemployment compensation under the 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 the benefits paid under this chapter upon the basis of the wages or services, and provisions for reimbursements from the fund for the compensation paid under the other law upon the basis of wages for insured work, that the commissioner finds will be fair and reasonable to all affected interests; and
(4) Premiums due under this chapter with respect to wages for insured work shall, for the purposes of §§ 50-7-401 — 50-7-403, be deemed to have been paid to the fund as of the date payment was made as contributions therefor under another state or federal unemployment law, but no such arrangement shall be entered into unless it contains provisions for the reimbursement to the fund of the premiums deemed paid that the commissioner finds will be fair and reasonable as to all affected interests.
(1) Reimbursements paid from the fund pursuant to subdivision (b)(3) shall be deemed to be benefits for the purpose of this chapter.
(2) The commissioner is authorized to make to other states or federal agencies, and to receive from other state or federal agencies, reimbursements from or to the fund, in accordance with arrangements entered into pursuant to subsection (b).
(d) 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 this chapter and facilities and services provided under the unemployment compensation law of any foreign government may be utilized for the taking of claims and the payment of benefits under the Tennessee Employment Security Law, compiled in this chapter, or under a similar law of the foreign government.
(e) If a claimant has been overpaid benefits under the laws of another state and that state certifies to the department the facts involved and that the individual is liable under its law to repay the benefits and requests the department to recover the overpayment, the commissioner is authorized to deduct from future benefits payable to the claimant in either the current or any subsequent benefit year an amount equivalent to the amount of the overpayment determined by that state.