PART XIII
INTERSTATE ARRANGEMENTS
13.1 PAYMENT OF BENEFITS TO INTERSTATE CLAIMANTS
13.1.1 Statutory References: 8-72-109 and 8-72-110, C.R.S.
13.1.2 Cooperation With Other States. This section of the regulations shall govern the division in its administrative cooperation with other states that adopt similar regulations for the payment of benefits to interstate claimants.
13.1.3 Definitions. The following definitions shall apply to this section unless the context clearly requires otherwise.
.1 Interstate Benefit Payment Plan. The plan approved by the Interstate Conference of Employment Security Agencies (ICESA) under which benefits shall be payable to unemployed individuals absent from the state or states in which benefit credits have been accumulated.
.2 Interstate Claimant. An individual who claims benefits under the unemployment insurance law of one or more liable states through the facilities of an agent state or directly with the liable state. The term shall not include an individual who customarily commutes from a residence in any agent state to work in a liable state unless the division determines that such an exclusion would create undue hardship upon claimants in designated areas.
.3 State. Any state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, and the provinces of Canada.
.4 Agent State. Any state from or through which an individual files a claim for benefits against another state.
.5 Liable State. Any state against which an individual files, from or through another state, a claim for benefits.
.6 Benefits. The unemployment compensation payable to an individual under the unemployment insurance law of any state.
.7 Week of Unemployment. Any week of unemployment as defined in the law of the liable state from which benefits with respect to such week are claimed.
13.1.4 Registration for Work.
.1 Each interstate claimant who files through the agent state or directly with the liable state shall register for work as required by the law, regulations, and procedures of the agent state. Such registration shall be deemed to meet the registration requirements of the liable state.
.2 The agent state shall duly report to the liable state each interstate claimant who fails to meet the registration or reemployment-assistance-reporting requirements of the agent state.
13.1.5 Benefit Rights of Interstate Claimants. If an interstate claimant files a claim against a state and such state determines that benefit credits are available to the claimant in that state, claims may be filed only against that state and no other state so long as such benefit credits are available. Thereafter, the claimant may file claims against any other state in which he or she has available benefit credits. Benefit credits, for the purposes of this section, shall be deemed to be unavailable whenever benefits are affected by the application of a seasonal restriction or have been exhausted, terminated, or postponed for an indefinite period or for the entire period during which benefits would otherwise be payable.
13.1.6 Claims for Benefits.
.1 Interstate claims for benefits and waiting periods filed by interstate claimants through the agent state shall be filed in compliance with the uniform procedures developed pursuant to the Interstate Benefit Payment Plan. Such claims filed directly with the liable state shall be filed in accordance with the liable state's procedures. Claims shall be filed to conform to the type of week in effect in the agent state. The liable state shall make required adjustments on the basis of consecutive claims.
.2 Agent-state regulations for filing intrastate claims with public employment offices or itinerant service points or representative therfor or by mail or by telephone shall apply to interstate claims.
.3 With respect to weeks of unemployment during which an individual is attached to his or her regular employer, the liable state shall accept as timely any claim that is filed through the agent state within the time limit applicable to such claims under the law of the agent state.
13.1.7 Determination of Claims.
.1 When an interstate claim is filed, the agent state shall identify to the liable state any potential issue relating to the claimant's availability for work and eligibility for benefits detected by the agent state.
.2 The agent state's authority and responsibility with respect to the determination of interstate claims shall be limited to the identification of potential issues identified in connection with initial claims or weeks claimed that are filed through the agent state and to the reporting of relevant facts pertaining to the claimant's failure to register for work or report for reemployment assistance as required by the agent state.
.3 The agent state shall not refuse to accept an interstate claim.
13.1.8 Providing Assistance to Interstate Claimants. Each agent state, upon request by an interstate claimant, shall assist the individual with the understanding and filing of necessary notices and documents. The liable state shall provide interstate claimants with access to information concerning the status of their claims during normal business hours.
13.1.9 Eligibility Review Program. The liable state may schedule and conduct eligibility-review interviews for interstate claimants.
13.1.10 Notification of Interstate Claim. The liable state shall notify the agent state of each initial claim, reopened claim, claim transferred to interstate status, and each week claimed filed from the agent state using uniform procedures and record formats pursuant to the Interstate Benefit Payment Plan.
13.1.11 Appellate Procedure.
.1 The agent state shall give all reasonable cooperation in conducting hearings and taking evidence in connection with disputed benefit determinations when so requested by a liable state.
.2 The time limit imposed by the liable state for filing an appeal in connection with a disputed benefit determination shall control, provided, however, that a claimant’s appeal shall be deemed to have been made and communicated to the liable state on the date on which it is received by an employee of the agent state.
.3 The liable state shall conduct hearings in connection with appealed interstate benefit claims. The liable state may contact the agent state for assistance in special circumstances.
13.2 COMBINING EMPLOYMENT AND WAGES
13.2.1 Statutory Reference: 8-72-110 (2), C.R.S.
13.2.2 Purpose of Arrangement. This arrangement is approved by the Secretary of Labor of the United States (Secretary) under the provisions of section 3304 (a)(9)(B) of the Federal Unemployment Tax Act to establish a system whereby an unemployed worker, with covered employment or wages in more than one state, may combine all such employment and wages in one state, in order to qualify for benefits or to receive more benefits.
13.2.3 Consultation With the State Agencies. As required by section 3304 (a)(9)(B) of the Federal Unemployment Tax Act, this arrangement has been developed in consultation with the state unemployment compensation agencies. For purposes of such consultation, in its formulation and any future amendment, the Secretary recognizes, as agents of the state agencies, the duly designated representatives of the Interstate Conference of Employment Security Agencies (ICESA).
13.2.4 Interstate Cooperation. Each state agency will cooperate with every other state agency by implementing such rules, regulations, and procedures as may be prescribed for the operation of this arrangement. Each state agency shall identify the paying and the transferring state with respect to combined-wage claims filed in its state.
13.2.5 Rules, Regulations, Procedures, Forms - Resolution of Disagreements. All state agencies shall operate in accordance with such rules, regulations, and procedures and shall use such forms as shall be prescribed by the Secretary in consultation with the state unemployment compensation agencies. All rules, regulations, and standards prescribed by the Secretary with respect to intrastate claims will apply to claims filed under this arrangement unless they are clearly inconsistent with the arrangement. The Secretary will resolve any disagreement between state agencies concerning the operation of the arrangement, with the advice of the duly designated representatives of the state agencies.
13.2.6 Effective Date. This arrangement shall apply to all new claims (to establish a benefit year) filed under it after December 31, 1971.
13.2.7 Definitions. These definitions apply for the purpose of this arrangement and the procedures issued to effectuate it.
.1 State. “State” includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
.2 State Agency. The agency that administers the unemployment compensation law of a state.
.3 Combined-Wage Claim. A claim filed under this arrangement.
.4 Combined-Wage Claimant. A claimant who has covered wages under the unemployment compensation law of more than one state and who has filed a claim under this arrangement.
.5 Paying State.
.1 The state where a combined-wage claimant files a combined-wage claim, if the claimant qualifies for unemployment benefits in that state on the basis of combined employment and wages.
.2 If the state where a combined-wage claimant files a combined-wage claim is not the paying state under the criterion set forth in regulation 13.2.7.5.1, or if the combined-wage claim is filed in Canada, then the paying state shall be that state where the combined-wage claimant was last employed in covered employment among the states where the claimant qualifies for unemployment benefits on the basis of combined employment and wages.
.6 Transferring State. A state where a combined-wage claimant had covered employment and wages in the base period of a paying state and that transfers such employment and wages to the paying state for its use in determining the benefit rights of such claimant under its law.
.7 Employment and Wages. “Employment” refers to all services that are covered under the unemployment compensation law of a state, whether expressed in terms of weeks or work or otherwise. “Wages” refers to all remuneration for such employment.
.8 Secretary. The Secretary of Labor of the United States.
.9 Base Period and Benefit Year. The base period and benefit year applicable under the unemployment compensation law of the paying state.
13.2.8 Election to File a Combined-Wage Claim.
.1 Any unemployed individual who has had employment covered under the unemployment compensation law of two or more states, whether or not he or she is monetarily qualified under one or more of them, may elect to file a combined-wage claim. Said individual may not so elect, however, if he or she has established a benefit year under any state or federal unemployment compensation law and:
.1 The benefit year has not ended; and
.2 He or she still has unused benefit rights based on such benefit year.
.2 For the purpose of this arrangement, a claimant will not be considered to have unused benefit rights based on a benefit year that he or she has established under a state or federal unemployment compensation law if:
.1 The claimant has exhausted his or her rights to all benefits based on such benefit year; or
.2 The claimant's rights to such benefits have been postponed for an indefinite period or for the entire period in which benefits would otherwise be payable; or
.3 Benefits are affected by the application of a seasonal restriction.
.3 If an individual elects to file a combined-wage claim, all employment and wages in all states in which he or she worked during the base period of the paying state must be included in such combining, except employment and wages that are not transferable under the provisions of regulation 13.2.10.2.
.4 A combined-wage claimant may withdraw his or her combined-wage claim within the period prescribed by the law of the paying state for filing an appeal, protest, or request for redetermination (as the case may be) from the monetary determination of the combined-wage claim, provided the claimant either:
.1 Repays in full any benefits paid to him or her thereunder; or
.2 Authorizes the state(s) against which he or she files a substitute claim(s) for benefits to withhold and forward to the paying state a sum sufficient to repay such benefits.
.5 If the combined-wage claimant files his or her claim in a state other than the paying state, he or she shall do so pursuant to the Interstate Benefit Payment Plan.
13.2.9 Responsibilities of the Paying State.
.1 Transfer of Employment and Wages - Payment of Benefits. The paying state shall request the transfer of a combined-wage claimant's employment and wages in all states during its base period and shall determine his or her entitlement to benefits (including additional benefits, extended benefits, and dependents’ allowances, when applicable) under the provisions of its law based on employment and wages in the paying state, if any, and all such employment and wages transferred to it hereunder. The paying state shall apply all the provisions of its law to each determination made hereunder, even if the combined-wage claimant has no earnings in covered employment in that state, except that the paying state may not determine an issue that has previously been adjudicated by a transferring state. Such exception shall not apply, however, if the transferring state's determination of the issue resulted in making the combined-wage claim possible under regulation 13.2.8.2.2. If the paying state fails to establish a benefit year for the combined-wage claimant, or if the claimant withdraws his or her claim as provided herein, the paying state shall return to each transferring state all employment and wages thus unused.
.2 Notices of Determination. The paying state shall give to the claimant a notice of each of its determinations on his or her combined-wage claim that he or she is required to receive under the Secretary's claim-determinations standard, and the contents of such notice shall meet such standard. When the claimant is filing his or her combined-wage claims in a state other than the paying state, the paying state shall send a copy of each such notice to the local office where the claimant filed such claims.
.3 Redeterminations. Redeterminations may be made by the paying state in accordance with its law based on additional or corrected information received from any source, including a transferring state, except that such information shall not be used as a basis for charging the paying state if benefits have been paid under the combined-wage claim.
.4 Appeals.
.1 Except as provided in regulation 13.2.9.4.3 where the claimant files his or her combined-wage claim in the paying state, any protest, request for redetermination, or appeal shall be in accordance with the law of such state.
.2 Where the claimant files his or her combined-wage claim in a state other than the paying state or under the circumstances described in regulation 13.2.9.4.3, any protest, request for redetermination, or appeal shall be in accordance with the Interstate Benefit Payment Plan.
.3 To the extent that any protest, request for redetermination, or appeal involves a dispute as to the coverage of the employing unit or services in a transferring state or otherwise involves the amount of employment and wages subject to transfer, the protest, request for redetermination, or appeal shall be decided by the transferring state in accordance with its law.
.5 Recovery of Prior Overpayments. If there is an overpayment outstanding in a transferring state and such transferring state so requests, the overpayment shall be deducted from any benefits the paying state would otherwise pay to the claimant on his or her combined-wage claim, except to the extent prohibited by the law of the paying state. The paying state shall transmit the amount deducted to the transferring state or credit the deduction against the transferring state's required reimbursement under this arrangement. This subsection shall apply to overpayments only if the transferring state certifies to the paying state that the determination of overpayment was made within three years before the combined-wage claim was filed and that repayment by the claimant is legally required and enforceable against the claimant under the law of the transferring state.
.6 Statement of Benefit Charges.
.1 At the close of each calendar quarter, the paying state shall send each transferring state a statement of benefits charged during such quarter to such state for each combined-wage claimant.
.2 Each such charge shall bear the same ratio to the total benefits paid to the combined-wage claimant by the paying state as his or her wages transferred by the transferring state bear to the total wages used in such determination. The computation of such ratio shall be to the nearest full percentage point.
.3 With respect to new claims establishing a benefit year effective on and after July 1, 1977, the United States shall be charged directly by the paying state in the same manner as provided in regulations 13.2.9.6.1 and 13.2.9.6.2 of this section 13.2 in regard to federal-civilian service and wages and federal-military service and wages assigned or transferred to the paying state and included in combined-wage claims in accordance with the Code of Federal Regulations, 20 C.F.R., parts 609, 614, and 616. With respect to new claims effective before July 1, 1977, prior law shall apply.
13.2.10 Responsibilities of Transferring States.
.1 Transfer of Employment and Wages. Each transferring state shall promptly transfer to the paying state the employment and wages the combined-wage claimant had in covered employment during the base period of the paying state. Any employment and wages so transferred shall be transferred without restriction as to their use for determination and benefit payments under the provisions of the paying state's law.
.2 Employment and Wages Not Transferable. Employment and wages transferred to the paying state by a transferring state shall not include:
.1 Any employment and wages that have been transferred to any other paying state and not returned unused or that have been used in the transferring state as the basis of a monetary determination that established a benefit year.
.2 Any employment and wages that have been canceled or are otherwise unavailable to the claimant as a result of a determination by the transferring state made prior to its receipt of the request for transfer, if such determination has become final or is in the process of appeal but is still pending. If the appeal is finally decided in favor of the combined-wage claimant, any employment and wages involved in the appeal shall forthwith be transferred to the paying state, and any necessary redetermination shall be made by such paying state.
.3 Any employment and wages that would be canceled under the law of the transferring state, if its law does not permit noncharging of benefits paid thereon, except that this subsection shall not apply to requests for transfer made after June 30, 1973, or after amendment of the law to provide for noncharging, whichever is earlier.
.3 Reimbursement of Paying State. Each transferring state shall, as soon as practicable after receipt of a quarterly statement of charges described herein, reimburse the paying state accordingly.
13.2.11 Reuse of Employment and Wages. Employment and wages that have been used under this arrangement for a determination of benefits that establishes a benefit year shall not thereafter be used by any state as the basis for another monetary determination of benefits.
13.2.12 Amendment of Arrangement. Periodically, the Secretary shall review the operation of this arrangement and shall propose such amendments to the arrangement as he or she believes are necessary or appropriate. Any state unemployment compensation agency or the ICESA may propose amendments to the arrangement. Any proposal shall constitute an amendment to the arrangement upon approval by the Secretary in consultation with the state unemployment compensation agencies. Any such amendment shall specify when the change shall take effect and to which claims it shall apply.
13.3 EMPLOYER ELECTIONS TO COVER WORKERS PERFORMING SERVICES IN MORE THAN ONE STATE
13.3.1 Statutory Reference: 8-72-110 (3), C.R.S.
13.3.2 Definitions. The following definitions shall apply to this section unless the context otherwise clearly requires:
.1 Arrangement. The Interstate Reciprocal Coverage Arrangement.
.2 Jurisdiction. Any state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, and Canada or the federal government, with respect to coverage under a federal unemployment compensation law.
.3 Participating Jurisdiction. A jurisdiction whose agency has subscribed to and has not terminated participation in the arrangement.
.4 Agency. Any officer, board, commission, or other authority charged with the administration of the unemployment compensation law of a participating jurisdiction.
.5 Electing Unit. An employing unit that requests that the services customarily performed for it by any individual in more than one participating jurisdiction be covered under the law of a single participating jurisdiction.
.6 Election. The request of an electing unit for permission to cover under the law of a single participating jurisdiction all of the services customarily performed for such unit by any individual who customarily works in more than one participating jurisdiction.
.7 Elected Jurisdiction. The participating jurisdiction selected by an employing unit to cover under its law any individual who customarily performs services for such unit in more than one participating jurisdiction.
.8 Interested Jurisdiction. Any participating jurisdiction where the elected jurisdiction submits an election for approval.
.9 Interested Agency. The agency of the interested jurisdiction.
.10 Services Customarily Performed. Services performed by an individual over a reasonable period of time, the nature of which is such that it can be expected that they will continue in more than one jurisdiction; services required or expected to be performed in more than one jurisdiction.
.11 Multistate Worker. An individual who customarily performs services for the same employing unit in more than one jurisdiction.
13.3.3 Procedure.
.1 An electing unit shall use the prescribed form (Form RC-1) or other methods as may be permitted or required by the Interstate Benefit Payment Plan to file an election to cover multistate workers under the unemployment compensation law of a participating jurisdiction.
.2 An election may be filed with any participating jurisdiction where:
.1 Any part of an individual's services are performed.
.2 An individual maintains his or her residence.
.3 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 shall approve or disapprove the election. If such election is approved, the agency shall forward a copy thereof to each interested agency (as specified on the election form) under whose unemployment compensation law the electing unit's employee might be covered in the absence of such election.
.4 Each interested agency shall approve or disapprove such election, as soon as practicable, and notify the elected jurisdiction. If the law of the interested jurisdiction so requires, an interested agency may, before taking action, require the electing unit to furnish satisfactory evidence that it has notified affected employees of the election and they have agreed thereto.
.5 If the agency of the elected jurisdiction disapproves the election, the agency shall notify the electing unit stating reasons therfor.
.6 An interested agency that disapproves the election shall notify the elected jurisdiction and electing unit, stating reasons therfor.
.7 The election shall become effective only upon approval of the agency of the elected jurisdiction and one or more interested agencies.
.8 An interested agency that disapproves the election shall not be bound by such election.
.9 If the election is not approved by the agencies of all participating jurisdictions, the electing unit may withdraw such election within ten days of notification thereof.
.10 If the services for which an employer is requesting reciprocal coverage is determined to be employment as defined in the Colorado Employment Security Act, such request shall not be granted.
13.3.4 Effective Period.
.1 An election, duly approved under this regulation, shall become effective at the beginning of the calendar quarter during which such election is submitted unless such election, as approved, specifies a different calendar quarter. An electing unit may request an effective date for a calendar quarter earlier than the calendar quarter during which the election is submitted, provided, however, that such earlier date may be approved solely as to those interested jurisdictions in which the electing unit had no liability to pay contributions during such earlier calendar quarter.
.2 The application of an election to an individual shall terminate if the agency of the elected jurisdiction finds that the services of such individual are no longer performed in more than one participating jurisdiction. The termination date shall be the last day of the calendar quarter in which notice of termination is mailed to all affected parties. Except as provided in the forgoing paragraph, each election approved under this section shall be in effect through the end of the calendar year in which such election was filed and, thereafter, through the end of the calendar quarter during which the electing unit gives written notice of termination to the agencies of the elected and interested jurisdictions.
.3 The electing unit shall notify each affected individual when an election under this section ceases to apply to that individual.
13.3.5 Required Reports and Notices.
.1 The electing unit shall promptly notify each affected individual when an election is approved. Prescribed form Notice to Employee as to Unemployment Compensation Coverage (Form RC-2) shall be used, and a copy thereof shall be forwarded to the elected jurisdiction.
.2 Whenever an individual affected by an election is separated from employment with the electing unit, such unit shall forthwith again notify said individual of the elected jurisdiction under whose law his or her services have been covered. If the individual is not in the elected jurisdiction when he or she is separated from his or her employment, the electing unit shall give the individual information concerning procedures to follow in filing interstate claims.
.3 The electing unit shall immediately notify the elected jurisdiction of any changes that are applicable to and affect its election, as when an individual's services will no longer be customarily performed in more than one participating jurisdiction or when a change in an individual's work assignment requires him or her customarily to perform services in an additional participating jurisdiction.
.4 Notification to the elected jurisdiction pursuant to this regulation 13.3.5 shall be made as permitted or required by the Interstate Benefit Payment Plan.
13.4 INTERSTATE RECIPROCAL OVERPAYMENT RECOVERY
13.4.1 Statutory References: 8-72-109 (1), 8-72-110, and 8-79-102 (1), C.R.S.
13.4.2 Definitions. The following definitions shall apply to this section unless the context clearly requires otherwise.
.1 State. Any state of the United States, the District of Columbia, Puerto Rico, and the Virgin Islands.
.2 Offset. The withholding of the overpaid amount against benefits that would otherwise be payable for a compensable week of unemployment.
.3 Overpayment. An improper payment of benefits from a state or federal unemployment compensation fund that has been determined recoverable under the requesting state's law.
.4 Participating State. A state that has subscribed to the interstate reciprocal overpayment arrangement.
.5 Paying State. The state under whose law a claim for unemployment benefits has been established on the basis of combining wages and employment covered in more than one state.
.6 Recovering State. The state that has received a request for assistance from a requesting state.
.7 Requesting State. The state that has issued a final determination of overpayment and is requesting another state to assist it in recovering the outstanding balance from the overpaid individual.
.8 Transferring State. A state in which a combined-wage claimant had covered employment and wages in the base period of a paying state and that transfers such employment and wages to the paying state for its use in determining the benefit rights of such claimant under its law.
.9 Liable State. Any state against which an individual files, through another state, a claim for benefits.
13.4.3 Recovery of State or Federal Benefit Overpayments.
.1 Duties of Requesting State. The requesting state shall:
.1 Send the recovering state a written request for overpayment-recovery assistance that includes certification that the overpayment is legally collectable under the requesting state's law, certification that the determination is final and that any rights to postponement of recoupment have been exhausted or have expired, a statement as to whether the state is participating in cross-program offset by agreement with the U.S. Secretary of Labor, a copy of the initial overpayment determination, and a statement of the outstanding balance;
.2 Send notice of the request to the claimant; and
.3 Send to the recovering state a new outstanding overpayment balance whenever the requesting state receives any amount of repayment from a source other than the recovering state such as by interception of tax refund.
.2 Duties of Recovering State. The recovering state shall:
.1 Issue to the claimant an overpayment-recovery determination that includes the statutory authority for the offset, the name of the state requesting recoupment, the date of the original overpayment determination, the type of overpayment (fraud or nonfraud), program type, total amount to be offset, the amount to be offset weekly, and the right to request determination and appeal of the determination to recover the overpayment by offset.
.2 Offset benefits payable for each week claimed in the amount determined under state law.
.3 Provide the claimant with a notice of the amount offset.
.4 Prepare and forward, no less than once a month, payment representing the amount recovered made payable to the requesting state except as provided in regulation 13.4.4.1.2.
.5 Retain a record of the overpayment balance no later than the exhaustion of benefits, end of the benefit year, exhaustion or end of an additional or extended benefits period, or other extensions of benefits, whichever is latest.
.6 Not redetermine the original overpayment determination.
13.4.4 Combined-Wage Claims.
.1 Recovery of Outstanding Overpayment in Transferring State. The paying state shall:
.1 Offset any outstanding overpayment in a transferring state(s) prior to honoring a request from any other participating state.
.2 Credit the deductions against the statement of benefits paid to combined-wage claimants, Form IB-6, or forward payment to the transferring state as described in regulation 13.4.3.2.4.
.2 Withdrawal of Combined-Wage Claim After Benefits Have Been Paid.
.1 Withdrawal of a combined-wage claim after benefits have been paid shall be honored only if the combined-wage claimant has repaid any benefits paid or authorizes the new liable state to offset the overpayment pursuant to regulation 13.2.8.4.
.2 The paying state shall issue an overpayment determination and forward a copy, with an overpayment-recovery request and an authorization to offset, with the initial claim to the liable state.
.3 The recovering state shall:
.1 Offset the total amount of any overpayment resulting from the withdrawal of a combined-wage claim prior to the release of any payments to the claimant;
.2 Offset the total amount of any overpayment resulting from the withdrawal of a combined-wage claim prior to honoring a request from any other participating state;
.3 Provide the claimant with a notice for the amount offset; and
.4 Prepare and forward payment representing the amount recovered to the requesting state as described in regulation 13.4.3.2.4.
13.4.5 Cross-Program Offset. The recovering state shall offset benefits payable under a state unemployment compensation program to recover any benefits overpaid under a federal unemployment compensation program, as described in the recovering state's agreement with the U.S. Secretary of Labor, and vice versa, in the same manner as required under regulation 13.4.3 and regulation 13.4.4 when both the recovering state and requesting state have entered into an agreement with the U.S. Secretary of Labor to implement section 303 (a) of the federal Social Security Act.