(1) After filing an initial claim and establishing a valid claim for benefits, a claimant wishing to claim benefits or waiting period credit for any week that begins within the claimant's benefit year must file a timely biweekly claim for the week. The biweekly claim must be filed using either the department's interactive voice response telephone system or the internet claims application, unless it is determined by the department that the claimant is unable to use either filing method. In those instances, the claimant will be allowed to file biweekly claims by mail using biweekly claim forms provided by the department.

(2) (a) The term "biweekly claim" refers to the manner in which continued claims, except as provided in (2) (b) , must be filed. A biweekly claim consists of continued claims for any two previously unclaimed consecutive weeks that begin within a claimant's benefit year. The biweekly claim must be filed after the Saturday of the second week, but no later than seven calendar days following the Saturday of the second week.

(b) When there is only one previously unclaimed week remaining that begins within a claimant's benefit year, a continued claim may be filed for that week alone. The continued claim must be filed after the Saturday of the week, but no later than seven calendar days following the Saturday of the week. For the purposes of this rule, the term "biweekly claim" includes a continued claim filed under this subsection.

(c) The department may extend the time allowed for filing a biweekly claim if it determines that the claimant had good cause for failing to file the claim within the time allowed. If no good cause is found for the delay in filing, benefits or waiting period credit, as the case may be, will be denied and the claimant may be required to reactivate the claim as provided in ARM 24.11.445.

(3) When filing a biweekly claim using the interactive voice response telephone system, a claimant must enter the claimant's social security number and personal identification number to access the system and must answer each question asked by the system. When filing a biweekly claim using the internet claims application, a claimant must enter the claimant's social security number, birth date, and personal identification number to access the application and must answer each question listed on the biweekly claims form. The claimant's personal identification number, which is established by the claimant and unknown to the department and which the claimant is required to keep confidential, is considered to be the equivalent of the claimant's signature certifying that the claimant's responses to the questions are true and accurate to the best of the claimant's knowledge. When filing a biweekly claim by mail, a claimant must answer each question on the biweekly claim form and sign the form to certify that the claimant's responses to the questions are true and accurate to the best of the claimant's knowledge.

(4) A claimant must report all hours of insured work and gross wages for insured work for each week claimed. The wages must be reported for the week in which they were earned rather than for the week in which they were paid, except as otherwise provided in this rule.

(a) Payments made for termination of employment in insured work generally known or described as severance pay, separation pay, termination pay, wages in lieu of notice, continuation of wages for a designated period of time following cessation of work, or other similar payment, and payments made under an incentive, worker buy-out, or similar plan designed to produce a general or specific reduction in force by inducing workers to leave voluntarily or in lieu of involuntary termination, whether paid in a lump sum or incrementally over any period of time, must be reported for the week in which the separation from work occurred.

(b) Payments for bonuses, awards, incentives, rewards, profit sharing, whether in cash or in the form of securities, must be reported for the week in which the payment was received.

(c) Holiday pay and the hours paid must be reported as wages and hours worked for the week in which the holiday occurred.

(d) Payments for accrued vacation, sick leave, or other leave paid at or after termination from work must be reported for the week in which the termination occurred.

(e) Payments for accrued unused vacation, sick leave, or other leave when a termination from work has not occurred must be reported by the claimant for the week in which the payment was received. These payments are sometimes known as a "cash-out" of accrued leave.

(f) Payments for the use of vacation, sick leave, or other leave paid during the course of employment in insured work, including periods of temporary layoff, for time off from work, whether voluntary or mandated, must be reported for the week during which the time off from work occurred.

(g) Royalties, residual payments, and commissions must be reported as earnings for the week in which the payment was received. The hours must be reported for the week in which the work was performed.

(5) A claimant must file timely biweekly claims during the pendency of a monetary determination, a non-monetary determination, or an appeal, in order to claim benefits or waiting period credit for that week or weeks.