35A-4-402 - Extended benefits.
35A-4-402. Extended benefits.
(1) Except when the result would be inconsistent with the other provisions of this sectionor the rules of the department, the provisions of this chapter that apply to claims for or paymentsof regular benefits apply to claims for and payments of extended benefits.
(2) An individual is eligible to receive extended benefits with respect to any week ofunemployment in his eligibility period only if the division finds that with respect to that week theindividual:
(a) is an "exhaustee" as defined in this section;
(b) has satisfied the requirements of this chapter for the receipt of regular benefits thatare applicable to individuals claiming extended benefits, including not being subject to adisqualification for the receipt of benefits; and
(c) has satisfied the federal requirements as adopted by state regulation for the receipt ofextended benefits.
(3) The weekly extended benefit amount payable to an individual for a week of totalunemployment in his eligibility period is an amount equal to the weekly benefit amount payableto him during his applicable benefit year.
(4) The total extended benefit amount payable to any eligible individual with respect tohis applicable benefit year is the lesser of the following amounts:
(a) 50% of the total amount of regular benefits which were payable to him under thischapter in his applicable benefit year;
(b) 13 times his weekly benefit amount which was payable to him under this chapter for aweek of total unemployment in the applicable benefit year; or
(c) 39 times his weekly benefit amount which was payable to him under this chapter for aweek of total unemployment in the applicable benefit year, reduced by the total amount of regularbenefits which were paid or deemed paid to him under this chapter with respect to the benefityear.
(5) Notwithstanding any other provision of this chapter, if the benefit year of anyindividual ends within an extended benefit period, the remaining balance of extended benefits thatthe individual would, but for this section, be entitled to receive in that extended benefit period,with respect to weeks of unemployment beginning after the end of the benefit year, shall bereduced, but not below zero, by the product of the number of weeks for which the individualreceived any amounts as trade adjustment allowances within that benefit year, multiplied by theindividual's weekly benefit amount for extended benefits.
(6) (a) Whenever an extended benefit period is to become effective in this state as a resultof a state "on" indicator, or an extended benefit period is to be terminated in this state as a resultof a state "off" indicator, the division shall make an appropriate public announcement.
(b) Computations required by Subsection (7)(f) shall be made by the division, inaccordance with regulations prescribed by the United States Secretary of Labor.
(7) As used in this section:
(a) "Extended benefit period" means a period that:
(i) begins with the third week after a week for which there is a state "on" indicator; and
(ii) ends with either:
(A) the third week after the first week for which there is a state "off" indicator; or
(B) after the 13th consecutive week of duration of that period, whichever occurs later;however, no extended benefit period may begin by reason of a state "on" indicator before the 14th
week following the end of a prior extended benefit period which was in effect with respect to thisstate.
(b) There is a "state 'on' indicator" for this state for a week if the division determines, inaccordance with the regulations of the Secretary of Labor, that for the period consisting of thatweek and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonallyadjusted, under this chapter equaled or exceeded 120% of the average of the rates for thecorresponding 13-week period ending in each of the preceding two calendar years and that therate equaled or exceeded 4% until the weeks beginning after September 25, 1982, at which time itwill become 5%.
(c) There is a "state 'off' indicator" for this state for a week if the division determines, inaccordance with the regulations of the Secretary of Labor, that for the period consisting of thatweek and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonallyadjusted, under this chapter was less than 120% of the average of the rates for the corresponding13-week period ending in each of the preceding two calendar years or that the rate was less than4% until the weeks beginning after September 25, 1982, at which time it will become 5%.
(d) "Rate of insured unemployment," for purposes of Subsections (7)(b) and (7)(c),means the percentage derived by dividing the average weekly number of individuals filing claimsfor regular compensation in this state for weeks of unemployment with respect to the most recent13-consecutive-week period, as determined by the division on the basis of its reports to theSecretary of Labor, by the average monthly employment covered under this chapter for the firstfour of the most recent six completed calendar quarters ending before the end of the 13-weekperiod.
(e) "Regular benefits" means benefits payable to an individual under this chapter or underany other state law, including benefits payable to federal civilian employees and to ex-servicemenunder 5 U.S.C. Chapter 85, other than extended benefits.
(f) "Extended benefits" means benefits, including benefits payable to federal civilianemployees and to ex-servicemen under 5 U.S.C. Chapter 85, payable to an individual under theprovisions of this section for weeks of unemployment in his eligibility period.
(g) "Eligibility period" of an individual means the period consisting of the weeks in hisbenefit year which begin in an extended benefit period and, if his benefit year ends within theextended benefit period, any weeks thereafter which begin in that period.
(h) "Exhaustee" means an individual who, with respect to any week of unemployment inhis eligibility period:
(i) has received, prior to that week, all of the regular benefits that were available to himunder this chapter or any other state law, including dependent's allowances and benefits payableto federal civilian employees and ex-servicemen under 5 U.S.C. Chapter 85, in his current benefityear that includes such week. An individual, for the purposes of this subsection, shall be deemedto have received all of the regular benefits that were available to him although, as a result of apending appeal with respect to wages or employment, or both, that were not considered in theoriginal monetary determination in his benefit year, he may subsequently be determined to beentitled to added regular benefits; or
(ii) has no, or insufficient, wages or employment or both on the basis of which he couldestablish a new benefit year that would include that week, his benefit year having expired prior tothat week; and
(iii) has no right to unemployment benefits or allowances, as the case may be, under the
Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the AutomotiveProducts Trade Act of 1965, or any other federal laws as are specified in regulations issued bythe Secretary of Labor and has not received, and is not seeking, unemployment benefits under theunemployment compensation law of the Virgin Islands or of Canada. However, if that person isseeking such benefits and the appropriate agency finally determines that he is not entitled tobenefits under that law he is considered an "exhaustee," provided that the reference in this subsection to the Virgin Islands shall be inapplicable effective on the day on which the U. S.Secretary of Labor approves under Section 3304 (a) of the Internal Revenue Code of 1954, 26U.S.C. 3304(a), an unemployment compensation law submitted to the Secretary by the VirginIslands for approval.
(i) "State law" means the unemployment insurance law of any state, approved by theSecretary of Labor under Section 3304 of the Internal Revenue Code of 1954, 26 U.S.C. 3304(a).
Renumbered and Amended by Chapter 240, 1996 General Session