44-704a. Extended benefits.
44-704a
44-704a. Extended benefits.(a) Definitions. As used in this section, unless the contextclearly requires otherwise:
(1) "Extended benefit period" means a period which:
(A) Begins with the third week after a week for which there is an"on" indicator; and
(B) ends with either of the following weeks, whichever occurs later:(i) The third week after the first week for which there is an "off" indicator;or (ii) the 13th consecutive week of such period, except that no extendedbenefit period may begin by reason of an "on" indicator before the14th week following the end of a prior extended benefit periodwhich was in effect with respect to this state.
(2) For the purposes of this section:
(A) There is an "on" indicator for this state for aweek if thesecretary of labor determines, in accordance withthe regulationsof the United States secretary of labor, that, for theperiod consisting of suchweek and the immediately preceding 12 weeks, the rate of insuredunemployment (not seasonally adjusted) under this act: (i) Equaled orexceeded 5% and equaled or exceeded 120% of the average of such rates forthe corresponding 13-week period ending in each ofthe preceding twocalendar years; or (ii) equaled or exceeded 6%; or (iii) with respect tobenefits for weeks of unemployment beginning after March 6, 1993, (a) theaverage rate of total unemployment (seasonally adjusted), as determined by theUnited States secretary of labor, for the period consistingof the most recent threemonths for which data for all states are published before the close of suchweek equals or exceeds 6.5%, and (b) the average rate of total unemployment forthis state (seasonally adjusted), as determined by the UnitedStates secretary of labor,for the three-month period referred to in clause (iii)(a), equals or exceeds110% of such average for either or both of the corresponding three-monthperiods ending in the two preceding calendar years.
(B) (i) There is an "off" indicator for thisstate for a week if thesecretary of labor determines, in accordance withthe regulationsof the United States secretary of labor, that for the periodconsisting of such weekand the immediately preceding 12 weeks, the rate of insured unemployment(not seasonally adjusted) under this act: (a) Was less than 5% orless than120% of the average of such rates for the corresponding13-weekperiod ending in each of the preceding two calendar years; and (b)was lessthan 5%.
(ii) There is an "off" indicator for this state for a week only if, forthe period consisting of such week and the immediately preceding 12 weeks, noneof the conditions specified in subsection (a)(2)(A) of this section result inan "on" indicator.
(3) "Rate of insured unemployment," for purposes of paragraphs (2)(A)and (2)(B) of this subsection, means the percentage derived by dividing:
(A) The average weekly number of individuals filing claims for regularbenefits in this state for weeks of unemployment with respect to the mostrecent 13-consecutive-week period, asdetermined by the secretary oflabor on the basis of reports to theUnited Statessecretary of labor;by
(B) the average monthly employment covered under this act for thefirst four of the most recent six completed calendar quarters endingbefore the end of such 13-week period.
(4) "Extended entitlement period" of an individual means the periodconsisting of the weeks of the individual's benefit year which begin in anextended benefit period and, if the individual's benefit year ends within suchextended benefit period, any weeks thereafter which begin in such period.
(5) "Extended benefits" means benefits (including benefits payableto federal civilian employees and to ex-service personnel pursuant to 5U.S.C.A. chapter 85) payable to an individual under the provisions ofthe act for weeks of unemployment in the individual's extended entitlementperiod.
(6) "Exhaustee" means an individual who, with respect to any week ofunemployment in the individual's extended entitlement period:
(A) Has received, prior to such week, all of the regular benefitsthat were available to the individual under this act or any other state law(including dependents' allowances and benefits payable to federalcivilian employees and ex-service personnel under 5 U.S.C.A. chapter 85)in the individual's current benefit year that includes such week, providedthat, for the purposes of this paragraph (6)(A), anindividual shall bedeemed to have received all of the regular benefits that were availableto the individual although the individual may subsequently be determined to beentitled to added regular benefits as a result of a pending appeal withrespect to wages that were not considered in the original monetarydetermination of the individual's benefit year; or
(B) the individual's benefit year having expired prior to such week, hasno, or insufficient, wages on the basis of which the individual couldestablish a new benefit year that would include such week; and
(C) (i) has no right to unemployment benefits or allowances, as thecase may be, under the federal railroad unemployment insurance act and suchotherfederal laws as are specified in regulations issued by theUnited States secretaryof labor; and (ii) has not received and is not seeking unemploymentbenefits under the unemployment compensation law of Canada; but if theindividual is seeking such benefits and the appropriate agency finallydetermines that the individual is not entitled to benefits under such lawthe individual is considered an exhaustee.
(7) "State law" means the unemployment compensation law of anystate, approved by the United States secretary of laborunder section 3304 of thefederal internal revenue code of 1986.
(b) Payment of extended benefits. Extended benefits shall bepayable to eligible individuals with respect to weeks of unemployment intheir extended entitlement periods. The extended benefits provided by thissection and K.S.A. 44-704b, and amendments thereto,shall be payable from the fund. All extended benefits shall bepaid through the employment offices, in accordance with such rules andregulationsas the secretary of labor may adopt.
(c) Beginning and termination of extended benefit period. (1)Whenever an extended benefit period is to become effective in this stateas a result of an "on" indicator, or an extended benefit period is to beterminated in this state as a result of an "off" indicator, the secretaryof labor shall make an appropriate publicannouncement.
(2) Computations required by the provisions of subsection (a)(3) ofthis section shall be made by the secretary oflabor, inaccordance with regulations prescribed by the United Statessecretary of labor.
(d) Weekly extended benefit amount. The weekly extended benefitamount payable to an individual for a week of total unemployment in theindividual's extended entitlement period shall be an amount equal to theregular weekly benefit amount payable to the individual during the individual'sapplicable benefit year,except that for any week during a period in which federal payments to statesunder section 204 of the federal-state extended unemployment compensationact of 1970 are reduced pursuant to an order issued under section 252 ofthe federal balanced budget and emergency deficit control act of 1985, theweekly extended benefit amount payable to an individual for a week of totalunemployment in the individual's eligibility period shall be reduced by apercentage amount which is equivalent to the reduction in the federalpayment. If such reduced weekly extended benefit amount is not a multipleof $1, it shall be reduced to the next lower multiple of $1.
(e) Total extended benefit amount. (1)Except as otherwiseprovided in subsection (e)(2) or (e)(3) of this section, the totalextendedbenefitamount payable to any eligible individual with respect to the individual'sapplicable benefit year shall be the least of the following amounts:
(A) Fifty percent of the total amount of regular benefits which werepayable to the individual under this act in the individual's applicablebenefit year; or
(B) thirteen times the individual's weekly benefit amount which waspayable to the individual under this act for a week of total unemployment inthe applicable benefit year.
(2) Effective with respect to weeks beginning in a high unemploymentperiod, the provisions of subsection (e)(1) of this section shall be applied bysubstituting "80%" for"50%" insubparagraph (A) of thatsubsection (e)(1), and by substituting "20" for"13" in subparagraph(B) of that subsection (e)(1). For purposes of this subsection (e)(2), theterm "high unemployment period" means any period during which an extendedbenefit period would be in effect if the provisions of subsection(a)(2)(A)(iii) ofthis section were applied after substituting "8%" for "6.5%" in clause (a)of that subsection (a)(2)(A)(iii).
(3) During any fiscal year in which federal payments to states undersection 204 of the federal-state extended unemployment compensation act of1970 are reduced pursuant to an order issued under section 252 of thefederal balanced budget and emergency deficit control act of 1985, thetotal extended benefit amount payable to an individual with respect to theindividual's applicable benefit year shall be reduced by an amount equal tothe total of all of the reductions under subsection (d) of this section inthe weekly extended benefit amounts paid to the individual.
(f) Eligibility requirements for extended benefits. Anindividual shall be eligible to receive extended benefits with respectto any week of unemployment in the individual's extended entitlement periodonly if the secretary of labor, or a person orpersonsdesignated by the secretary, finds that with respect to such week:
(1) The individual is an "exhaustee" as defined in subsection (a)(6) ofthis section;
(2) the individual is qualified and eligible for extended benefits pursuantto K.S.A. 44-704b and amendments thereto;
(3) the individual is entitled to benefits pursuant to the provisionsof this act which apply to claims for, or the payment of regular benefitswhich are not inconsistent with the provisions of K.S.A. 44-704b andamendments thereto; and
(4) the individual, during the base period, (A) was paid wages forinsuredwork equal to or greater than 1 1/2 times the amount of total wages paidfor the quarter in which such wages were highest during the individual'sbase period; or (B) has been paid an amount equal to or exceeding 40 timestheindividual's most recent weekly benefit amount in the individual's baseperiod.
(g) Limitation on amount of combined regular, extended and tradereadjustmentact benefits received. Notwithstanding any other provisions of thissectionor K.S.A. 44-704b, and amendments thereto,if the benefit year of any individual ends within an extended entitlementperiod, the remaining balance of extended benefits that the individual would,but for this section, be entitled to receive in that extended entitlementperiod, with respect to weeks of unemployment beginning after the end ofthe benefit year, shall be reduced (but not below zero) by the productof the number of weeks for which the individual received any amounts astrade readjustment allowances within that benefit year, multiplied by theindividual's weekly benefit amount for extended benefits.
History: L. 1971, ch. 180, § 10; L. 1973, ch. 205, § 3; L.1976, ch. 370, § 58; L. 1977, ch. 182, § 1; L. 1981, ch. 204, §2; L. 1982, ch. 214, § 1; L. 1987, ch. 191, § 2;L. 1989, ch. 150, § 2;L. 1993, ch. 251, § 2;L. 2004, ch. 179, § 55; July 1.