52-07.1 Extended Benefit Program
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<![CDATA[CHAPTER 52-07.1EXTENDED BENEFIT PROGRAM52-07.1-01.Extended benefit program - Purpose - Effective date.EffectiveJanuary 1, 1972, an unemployment program is hereby established to provide for the payment of<br>extended unemployment compensation benefits to hereinafter qualified workers who during<br>periods of high unemployment in the state, or in the nation, have exhausted their rights to regular<br>benefits under the North Dakota unemployment compensation law, or under federal law as<br>administered by job service North Dakota.52-07.1-02. Administration. Job service North Dakota, hereinafter called the "bureau",is vested with the duties, powers, and authority to administer the extended benefits program.52-07.1-03. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Additional benefits" means benefits payable to exhaustees by reasons of conditions<br>of high unemployment or by reason of other special factors under the provisions of<br>any state law.2."Eligibility period" of an individual means the period consisting of the weeks in the<br>individual's benefit year which begin in an extended period and, if the individual's<br>benefit year ends within such extended benefit period, any weeks thereafter which<br>begin in such period.3."Exhaustee" means an individual who, with respect to any week of unemployment in<br>the individual's eligibility period:a.Has received, prior to such week, all of the regular benefits that were available<br>to the individual under chapter 52-06 or any other state law, including<br>dependents' allowances and benefits payable to federal civilian employees and<br>ex-servicemen under 5 U.S.C. chapter 85, in the individual's current benefit<br>year that includes such week; provided, that for the purposes of this<br>subdivision, an individual shall be deemed to have received all of the regular<br>benefits that were available to the individual, although, as a result of a pending<br>appeal with respect to wages that were not considered in the original monetary<br>determination in the individual's benefit year, the individual may subsequently<br>be determined to be entitled to added regular benefits;b.Having established a benefit year, no regular compensation is payable to the<br>individual during such year because the individual's wage credits were<br>canceled or the individual's right to regular compensation was totally reduced<br>as the result of the application of a disqualification;c.Has a benefit year which has expired prior to such week and has insufficient<br>wages or employment or both on the basis of which the individual could<br>establish in any state a new benefit year that would include such week, or<br>having established a new benefit year that includes such week, the individual is<br>precluded from receiving regular compensation by reason of a state law<br>provision which requires that an individual who has received benefits during a<br>benefit year must have had work since the beginning of such year in order to<br>qualify for benefits in the individual's next benefit year; ord.Has no right to unemployment benefits or allowances, as the case may be,<br>under the Railroad Unemployment Insurance Act [52 Stat. 1094; 45 U.S.C. 351<br>et seq.], the Trade Expansion Act of 1962 [Pub. L. 87-794; 76 Stat. 872; 19<br>U.S.C. 1801 et seq.], the Automotive Products Trade Act of 1965<br>[Pub. L. 89-283; 79 Stat. 1016; 19 U.S.C. 2001 et seq.], and such other federalPage No. 1laws as are specified in regulations issued by the United States secretary of<br>labor; and has not received and is not seeking unemployment benefits under<br>the unemployment compensation law of the Virgin Islands or of Canada; but if<br>the individual is seeking such benefits and the appropriate agency finally<br>determines that the individual is not entitled to benefits thereunder, the<br>individual must be considered an exhaustee.4."Extended benefit period" means a period which begins with the third week after a<br>week for which there is a state "on" indicator; and ends with either of the following<br>weeks, whichever occurs later: the third week after the first week for which there is a<br>state "off" indicator; or the thirteenth consecutive week of such period; provided, that<br>no extended benefit period may begin by reason of a state "on" indicator before the<br>fourteenth week following the end of a prior extended benefit period which was in<br>effect with respect to this state.5."Extended benefits" means benefits, including benefits payable to federal civilian<br>employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85, payable to an<br>individual under the provisions of this chapter for weeks of unemployment in the<br>individual's eligibility period.6.Repealed by S.L. 1983, ch. 541, </p>
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