§ 28-44-62 - Extended benefits.
SECTION 28-44-62
§ 28-44-62 Extended benefits. – (a) Definitions. As used in this section, unless the context clearlyrequires otherwise:
(1) "Eligibility period" of an individual means the periodconsisting of the weeks in his or her benefit year which begin in an extendedperiod that is in effect in this state and, if his or her benefit year endswithin that extended benefit period, any weeks thereafter which begin in thatperiod.
(2) "Extended benefit period" means a period which:
(i) Begins with the third week after the first week for whichthere is a state "on" indicator; and
(ii) Ends with either of the following weeks, whicheveroccurs later: (A) the third (3rd) week after the first week for which there isa state "off " indicator; or (B) the thirteenth (13th) consecutive week of thatperiod; provided, that no extended benefit period may begin by reason of astate "on" indicator before the fourteenth week following the end of a priorextended benefit period which was in effect with respect to this state; andprovided, further, that no extended benefit period may become effective in thisstate prior to the sixty-first (61st) day following the date of enactment ofthe Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C.§ 3304), and that, on and after January 1, 1972, either stateor national indicators shall be applicable.
(iii) There is a "state 'on' indicator" for this state for aweek, beginning after September 25, 1982, if:
(A) The director determines, in accordance with regulationsof the U.S. Secretary of Labor, that for the period consisting of that week andthe immediately preceding twelve (12) weeks, the rate of insured unemploymentnot seasonally adjusted under this chapter:
(I) Equaled or exceeded one hundred twenty percent (120%) ofthe average of those rates for the corresponding thirteen (13) week periodending in each of the preceding two (2) calendar years, and
(II) Equaled or exceeded five percent (5%), or
(B) The director determines, in accordance with regulationsof the U.S. Secretary of Labor, that for the period consisting of that week andthe immediately preceding twelve (12) weeks, the rate of insured unemploymentnot seasonally adjusted under this chapter equaled or exceeded six percent(6%), regardless of the insured unemployment rate in previous years, or
(C) With respect to benefits for weeks of unemploymentbeginning after March 6, 1993, the average rate of total unemploymentseasonally adjusted, as determined by the United States Secretary of Labor, forthe period consisting of the most recent three (3) months for which data forall states are published before the close of that week:
(I) Equals or exceeds 6.5 percent (6.5%), and
(II) Equals or exceeds one hundred ten percent (110%) of suchaverage for either or both of the corresponding three (3) month periods endingin the two (2) preceding calendar years.
(D) Notwithstanding any provision of this subdivision, anyweek for which there would otherwise be a state "on" indicator shall continueto be such a week and shall not be determined to be a week for which there is astate "off" indicator.
(iv) There is a state "off" indicator for this state for aweek beginning after March 6, 1993, if in the period consisting of the week andthe immediately preceding twelve (12) weeks, none of the options specified insubparagraphs (iii)(A), (B), and (C) of this subdivision result in an "on"indicator.
(3) "Extended benefits" means benefits, including benefitspayable to federal civilian employees and to ex-servicepersons pursuant to 5U.S.C. § 8501 et seq., payable to an individual under the provisions ofthis section for weeks of unemployment in his or her eligibility period.
(4) "Rate of insured unemployment", for purposes of paragraph(2)(iii) of this subsection, means the percentage derived by dividing:
(A) The average weekly number of individuals filing claimsfor regular benefits for weeks of unemployment with respect to the most recentthirteen (13) consecutive week period, as determined by the director on thebasis of reports submitted to the Secretary of Labor, by
(B) The average monthly covered employment for the first four(4) of the most recent six (6) completed calendar quarters ending before theend of the thirteen (13) week period.
(ii) Computations required by the provisions of thissubdivision shall be made by the director, in accordance with the regulationsprescribed by the Secretary of Labor.
(5) "Regular benefits" means benefits, including dependents'allowances, payable to an individual under chapters 42 – 44 of this title,or under any other state law, including benefits payable to federal civilianemployees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq.,other than extended benefits.
(6) "State" includes any state of the United States ofAmerica, the District of Columbia, the Commonwealth of Puerto Rico and theVirgin Islands.
(7) "State law" means the unemployment insurance law of anystate, approved by the Secretary of Labor under 26 U.S.C. § 3304.
(8) "Suitable work" means, with respect to any individual,any work that is within that individual's capabilities; provided, however:
(i) That the gross average weekly remuneration payable forthe work must exceed the sum of the individual's weekly benefit amount asdetermined under subsection (g) of this section plus the amount, if any, ofsupplemental unemployment benefits 26 U.S.C. § 50(C)(17)(D) payable tothat individual for that week, and
(ii) That wages for such work are not less than the higher of:
(A) The minimum wage provided by 29 U.S.C. § 206(a)(1)without regard to any exemption, or
(B) The applicable state or local minimum wage.
(b) Effect of state law provisions relating to regularbenefits on claims for, and the payment of extended benefits. Except whenthe result would be inconsistent with the other provisions of this section andas otherwise provided in the employment security rules, the provisions ofchapters 42 – 44 of this title which apply to claims for, or the paymentof, regular benefits shall apply to claims for, and the payment of, extendedbenefits provided under this section.
(c) Eligibility requirements for extended benefits. Anindividual shall be eligible to receive extended benefits with respect to anyweek of unemployment in his or her eligibility period only if the directorfinds that:
(1) He or she has, prior to that week, exhausted all of hisor her rights to regular benefits provided under chapters 42 – 44 of thistitle because either:
(i) He or she has received all of those benefits that wereavailable to him or her in his or her current benefit year, or
(ii) His or her benefit year has expired prior to that week,and he or she has insufficient wages and/or insufficient weeks of employment onwhich to establish a new benefit year which would include that week; and
(2) With respect to that week of unemployment:
(i) He or she has exhausted all his or her rights to regularbenefits available to him or her under any state law, including benefitspayable to federal civilian employees and ex-servicepersons under § 5U.S.C. § 8501 et seq.;
(ii) He or she has no rights to allowances or unemploymentbenefits under any other federal law, such as the Railroad UnemploymentInsurance Act;
(iii) He or she has not received unemployment benefits underthe law of Canada; and
(iv) He or she is not disqualified or ineligible for benefitsunder any provisions of chapters 42 – 44 of this title, to the extent thatthose provisions, pursuant to paragraph (ii) of this subdivision or theregulations adopted pursuant to that paragraph, are applicable to the claimsfor, and the payment of, extended benefits provided under this section;provided, that for purposes of subdivision (1) of this subsection, anindividual shall be deemed to have exhausted his or her regular benefit rightswith respect to any week of unemployment when he or she may become entitled toregular benefits with respect to that week, or future weeks, but those benefitsare not payable at the time he or she claims extended benefits because finalaction has not yet been taken on a pending appeal with respect to regularbenefits based on wages and/or employment which were not considered in theprior determination of his or her benefits.
(3) Notwithstanding the provisions of this subsection, anindividual filing an initial claim for extended benefits effective March 7,1993 or after shall not be eligible for extended compensation for any week ofunemployment, unless in the base period with respect to which the individualexhausted all rights to regular benefits provided under chapters 42 – 44of this title, the individual:
(i) Had earnings in insured employment under chapters 42– 44 of this title which equaled or exceeded forty (40) times theindividual's weekly benefit amount, including dependent's allowance, or
(ii) Had been paid wages for insured employment underchapters 42 – 44 of this title which equaled or exceeded one and one-half(1 1/2) times the individual's insured wages in the calendar quarter of thebase period in which the individual's insured wages were the highest, or
(iii) Had twenty (20) weeks of full-time work in insuredemployment under chapters 42 – 44 of this title.
(d) Suitable work and work search requirements forextended benefits. Notwithstanding the provisions of subsection (b) of thissection, an individual shall be ineligible for payment of extended benefits forany week of unemployment beginning on or after April 1, 1981, if the directorfinds that during that period:
(i) He or she failed to accept an offer of suitable work asdefined under subsection (a) of this section or failed to apply for anysuitable work to which he or she was referred by the director; or
(ii) He or she failed to actively engage in seeking work asprescribed under subdivision (3) of this subsection;
(2) Any individual who has been found ineligible for extendedbenefits by reason of the provisions in subdivision (1) of this subsectionshall also be denied benefits beginning the first day of the week following theweek in which that failure occurred and until he or she has been employed,except in self-employment, in each of four (4) subsequent weeks, whether or notconsecutive, and has earned remuneration equal to not less than four (4) timesthe extended weekly benefit amount. No individual shall be denied extendedbenefits for failure to accept an offer of or to apply for any job which meetsthe definition of suitability as described in subsection (a) of this section if:
(i) The position was not offered to that individual inwriting or was not listed with the employment service;
(ii) The failure would not result in a denial of benefitsunder the definition of suitable work for regular benefit claimants in §28-44-20 to the extent that the criteria of suitability in that section are notinconsistent with the provisions of subsection (a) of this section; or
(iii) The individual furnishes satisfactory evidence to thedirector that his or her prospects for obtaining work in his or her customaryoccupation within a reasonably short period are good. If that evidence isdeemed satisfactory for this purpose, the determination of whether any work issuitable with respect to that individual shall be made in accordance with thedefinition of suitable work for regular benefit claimants in § 28-44-20without regard to the definition specified by subsection (a) of this section.
(3) For the purpose of paragraph (1)(ii) of this subsection,an individual shall be treated as actively engaged in seeking work during anyweek if:
(i) The individual has engaged in a systematic and sustainedeffort to obtain work during that week;
(ii) The individual furnishes tangible evidence that he orshe has engaged in that effort during that week; and
(iii) The director shall give written notice of the minimumrequirements necessary to satisfy the requirements of this subsection prior tothe individual's exhaustion of regular benefits provided under chapters 42– 44 of this title.
(4) Notwithstanding the provisions of subdivision (a)(8) ofthis section to the contrary, no work shall be deemed to be suitable work foran individual which does not accord with the labor standard provisions requiredby 26 U.S.C. § 3304(a)(5) and set forth under § 28-44-20(a) and (b).
(e) Cessation of extended benefits when paid underinterstate claim in a state where extended benefit period is not in effect.(1) Except as provided in subdivision (2) of this subsection, anindividual shall not be eligible for extended benefits for any week beginningon or after June 1, 1981, if:
(i) Extended benefits are payable for that week pursuant toan interstate claim filed in any state under the interstate benefit paymentplan; and
(ii) No extended benefit period is in effect for that week inthat state.
(2) Subdivision (1) of this subsection shall not apply withrespect to the first two (2) weeks for which extended benefits are payable,determined without regard to this subsection, pursuant to an interstate claimfiled under the interstate benefit payment plan to the individual from theextended benefit account established for the individual with respect to thebenefit year.
(f) Suitable work. The employment service shall referany claimant entitled to extended benefits under chapters 42 – 44 of thistitle to any suitable work which meets the criteria prescribed in subsection(a) of this section.
(g) Weekly extended benefit amount. The weeklyextended benefit amount payable to an individual for a week of totalunemployment in his or her eligibility period shall be an amount equal to theweekly benefit amount, including dependent's allowances, payable to him or herfor a week of total unemployment during his or her benefit year.
(h) Maximum extended benefit amount.(1) The maximum extended benefit amount payable to any eligibleindividual with respect to the applicable benefit year shall be the least ofthe following amounts, determined on the basis of the specified regular benefitamounts which were payable, or paid, whichever is applicable, to the individualin the benefit year:
(i) Fifty percent (50%) of the maximum potential regularbenefits, including dependents' allowances, which were payable to theindividual under chapters 42 – 44 of this title in the benefit year, or
(ii) Thirteen (13) times the individual's weekly benefitamount, including dependents' allowances, which was payable to the individualunder chapters 42 – 44 of this title for a week of total unemployment inthe benefit year.
(2) Effective with respect to weeks beginning in a highunemployment period, the maximum extended benefit amount payable to anyeligible individual with respect to the applicable benefit year shall be theleast of the following amounts, determined on the basis of the specifiedregular benefit amounts which were payable, or paid, whichever is applicable,to the individual in the benefit year:
(i) Eighty percent (80%) of the maximum potential regularbenefits, including dependents' allowances, which were payable to theindividual under chapters 42 – 44 of this title in the benefit year, or
(B) Twenty (20) times the individual's weekly benefit amount,including dependents' allowances, which was payable to the individual underchapters 42 – 44 of this title in the benefit year.
(ii) For the purposes of this subdivision, the term "highunemployment period" means any period during which an extended benefit periodwould be in effect if item (a)(1)(iii)(C)(I) of this section were applied bysubstituting "eight percent" ("8%") for "6.5 percent" ("6.5%").
(3) Notwithstanding any other provisions of this chapter, ifthe benefit year of any individual ends within an extended benefit period, theremaining balance of extended benefits that the individual would, but for thissubsection, be entitled to receive in that extended benefit period, withrespect to weeks of unemployment beginning after the end of the benefit year,shall be reduced, but not below zero (0), by the product of the number of weeksfor which the individual received any amounts as trade readjustment allowanceswithin that benefit year, multiplied by the individual's weekly benefit amountfor extended benefits.
(i) Beginning and termination of extended benefit period.Whenever an extended benefit period is to become effective in this state as aresult of a state "on" indicator, or an extended benefit period is to beterminated in this state as a result of a state "off " indicator, the directorshall make an appropriate public announcement.
(j) If the Federal-State Extended Unemployment CompensationAct of 1970 (see 26 U.S.C. § 3304) is amended so as to authorize thisstate to pay benefits for an extended benefit period in a manner other thanthat currently provided by this section, then, and in that case, all the termsand conditions contained in the amended provisions of that federal law shallbecome a part of this section to the extent necessary to authorize the paymentof benefits to eligible individuals as permitted under that amended provision.