Missouri Revised Statutes
Chapter 288
Employment Security
←288.060
Section 288.062.1
288.070→
August 28, 2015
"On" and "Off" indicators, state and national, how determined--extended benefits, defined--amount and how computed.
288.062. 1. As used in this section, unless the context clearly
requires otherwise:
(1) "Extended benefit period" means a period which begins with the
third week after a week for which there is a state "on" indicator, and ends
with either of the following weeks, whichever occurs later:
(a) The third week after the first week for which there is a state
"off" indicator; or
(b) The thirteenth consecutive week of such period; provided, that no
extended benefit period may begin by reason of a state "on" indicator
before the fourteenth week following the end of a prior extended benefit
period which was in effect with respect to this state;
(2) There is a "state 'on' indicator" for this state for a week if
the director determines, in accordance with the regulations of the United
States Secretary of Labor, that for the period consisting of such week and
the immediately preceding twelve weeks, the rate of insured unemployment
(not seasonally adjusted) under this law:
(a) a. Equaled or exceeded one hundred twenty percent of the average
of such rates for the corresponding thirteen-week period ending in each of
the preceding two calendar years; and
b. Equaled or exceeded four percent for weeks beginning prior to or
on September 25, 1982, or five percent for weeks beginning after September
25, 1982; except that, if the rate of insured unemployment as contemplated
in this subdivision equals or exceeds five percent for weeks beginning
prior to or on September 25, 1982, or six percent for weeks beginning after
September 25, 1982, the determination of an "on" indicator shall be made
under this subdivision as if this subdivision did not contain the
provisions of subparagraph a. of paragraph (a) of this subdivision; or
(b) With respect to weeks of unemployment beginning on or after
February 1, 2009, and ending on or before the week ending four weeks prior
to the last week of unemployment for which one hundred percent federal
sharing is available under the provisions of Public Law 111-5, Section
2005(a) or August 28, 2013, whichever should occur first:
a. The average rate of total unemployment in the state (seasonally
adjusted), as determined by the United States Secretary of Labor, for the
period consisting of the most recent three months for which data for all
states are published before the close of such week equals or exceeds six
and one-half percent; and
b. The average rate of total unemployment in the state (seasonally
adjusted), as determined by the United States Secretary of Labor, for the
three-month period referred to in subparagraph a. of this paragraph, equals
or exceeds one hundred and ten percent of such average for either or both
of the corresponding three-month periods ending in the two preceding
calendar years; or
c. Effective with respect to compensation for weeks of unemployment
beginning after the date of enactment of the Tax Relief, Unemployment
Insurance Reauthorization, and Job Creation Act of 2010, Public Law
111-312, and ending on or before the last day allowable by the Tax Relief,
Unemployment Insurance Reauthorization, and Job Creation Act of 2010, the
average rate of total unemployment in the state (seasonally adjusted), as
determined by the United States Secretary of Labor, for the three-month
period referred to in subparagraph a. of this paragraph, equals or exceeds
one hundred and ten percent of such average for any or all of the
corresponding three-month periods ending in the three preceding calendar
years;
(3) There is a "state 'off' indicator" for this state for a week if
the director determines, in accordance with the regulations of the United
States Secretary of Labor, that for the period consisting of such week and
the immediately preceding twelve weeks, the rate of insured unemployment
(not seasonally adjusted) under this law:
(a) Was less than one hundred twenty percent of the average of such
rates for the corresponding thirteen-week period ending in each of the
preceding two calendar years; or
(b) Was less than four percent (five percent for weeks beginning
after September 25, 1982); except, there shall not be an "off" indicator
for any week in which an "on" indicator as contemplated in subparagraph b.
of paragraph (a) of subdivision (2) of this subsection exists;
(4) "Rate of insured unemployment", for the purposes of subdivisions
(2) and (3) of this subsection, means the percentage derived by dividing:
(a) The average weekly number of individuals filing claims for
regular compensation in this state for weeks of unemployment with respect
to the most recent thirteen-consecutive-week period, as determined by the
director on the basis of his or her reports to the United States Secretary
of Labor, by
(b) The average monthly employment covered under this law for the
first four of the most recent six completed calendar quarters ending before
the end of such thirteen-week period;
(5) "Regular benefits" means benefits payable to an individual under
this law or under any other state law (including benefits payable to
federal civilian employees and ex-servicemen pursuant to 5 U.S.C. Chapter
85) other than extended benefits;
(6) "Extended benefits" means benefits (including benefits payable to
federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.
Chapter 85) payable to an individual under the provisions of this section
for weeks of unemployment in his or her eligibility period;
(7) "Eligibility period" of an individual means the period consisting
of the weeks in his or her benefit year which begin in an extended benefit
period and, if his or her benefit year ends within such extended benefit
period, any weeks thereafter which begin in such period;
(8) "Exhaustee" means an individual who, with respect to any week of
unemployment in his or her eligibility period:
(a) Has received, prior to such week, all of the regular benefits
that were available to him or her under this law or any other state law
(including dependents' allowances and benefits payable to federal civilian
employees and ex-servicemen under 5 U.S.C. Chapter 85) in his or her
current benefit year that includes such week; provided, that, for the
purposes of this paragraph, an individual shall be deemed to have received
all of the regular benefits that were available to him or her although as a
result of a pending appeal with respect to wages or employment, or both,
that were not considered in the original monetary determination in his or
her benefit year, he may subsequently be determined to be entitled to added
regular benefits; or
(b) Has received, prior to such week, all the regular compensation
available to him or her in his or her current benefit year that includes
such week under the unemployment compensation law of the state in which he
or she files a claim for extended compensation or the unemployment
compensation law of any other state after a cancellation of some or all of
his or her wage credits or the partial or total reduction of his or her
right to regular compensation; or
(c) His or her benefit year having expired prior to such week, he or
she has insufficient wages or employment, or both, on the basis of which he
or she could establish in any state a new benefit year that would include
such week, or having established a new benefit year that includes such
week, he or she is precluded from receiving regular compensation by reason
of a state law provision which meets the requirement of section 3304(a)(7)
of the Internal Revenue Code of 1954; and
(d) a. 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 Automotive Products Trade Act of 1965 and such
other federal laws as are specified in regulations issued by the United
States Secretary of Labor; and
b. Has not received and is not seeking unemployment benefits under
the unemployment compensation law of Canada; but if he or she is seeking
such benefits and the appropriate agency finally determines that he or she
is not entitled to benefits under such law he or she is considered an
exhaustee;
(9) "State law" means the unemployment insurance law of any state,
approved by the United States Secretary of Labor under Section 3304 of the
Internal Revenue Code of 1954.
2. Except when the result would be inconsistent with the other
provisions of this section, as provided in the regulations of the director,
the provisions of this law which apply to claims for, or the payment of,
regular benefits shall apply to claims for, and the payment of, extended
benefits.
3. An individual shall be eligible to receive extended benefits with
respect to any week of unemployment in his or her eligibility period only
if the deputy finds that with respect to such week:
(1) He or she is an exhaustee as defined in subdivision (8) of
subsection 1 of this section;
(2) He or she has satisfied the requirements of this law for the
receipt of regular benefits that are applicable to individuals claiming
extended benefits, including not being subject to a disqualification for
the receipt of benefits; except that, in the case of a claim for benefits
filed in another state, which is acting as an agent state under the
Interstate Benefits Payment Plan as provided by regulation, which claim is
based on benefit credits accumulated in this state, eligibility for
extended benefits shall be limited to the first two compensable weeks
unless there is an extended benefit period in effect in both this state and
the agent state in which the claim was filed;
(3) The other provisions of this law notwithstanding, as to new
extended benefit claims filed after September 25, 1982, an individual shall
be eligible to receive extended benefits with respect to any week of
unemployment in his or her eligibility period only if the deputy finds that
the total wages in the base period of his or her benefit year equal at
least one and one-half times the wages paid during that quarter of his or
her base period in which his or her wages were highest.
4. A claimant shall not be eligible for extended benefits following
any disqualification imposed under subsection 1 or 2 of section 288.050,
unless subsequent to the effective date of the disqualification, the
claimant has been employed during at least four weeks and has earned wages
equal to at least four times his or her weekly benefit amount.
5. For the purposes of determining eligibility for extended benefits,
the term "suitable work" means any work which is within such individual's
capabilities except that, if the individual furnishes satisfactory evidence
that the prospects for obtaining work in his or her customary occupation
within a reasonably short period are good, the determination of what
constitutes suitable work shall be made in accordance with the provisions
of subdivision (3) of subsection 1 of section 288.050. If a deputy finds
that a person who is claiming extended benefits has refused to accept or to
apply for suitable work, as defined in this subsection, or has failed to
actively engage in seeking work subsequent to the effective date of his or
her claim for extended benefits, that person shall be ineligible for
extended benefits for the period beginning with the first day of the week
in which such refusal or failure occurred. That ineligibility shall remain
in effect until the person has been employed for at least four weeks after
the week in which the refusal or failure occurred and has earned wages
equal to at least four times his or her weekly benefit amount.
6. Extended benefits shall not be denied under subsection 5 of this
section to any individual for any week by reason of a failure to accept an
offer of or apply for suitable work if:
(1) The gross average weekly remuneration for such work does not
exceed the individual's weekly benefit amount plus the amount of any
supplemental unemployment benefits, as defined in section 501(c)(17)(d) of
the Internal Revenue Code, payable to such individual for such week; or
(2) The position was not offered to such individual in writing or was
not listed with the state employment service; or
(3) If the remuneration for the work offered is less than the minimum
wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938,
as amended, without regard to any exemption or any applicable state or
local minimum wage, whichever is the greater.
7. For the purposes of this section, an individual shall be
considered as actively engaged in seeking work during any week with respect
to which the individual has engaged in a systematic and sustained effort to
obtain work as indicated by tangible evidence which the individual provides
to the division.
8. Extended benefits shall not be denied for failure to apply for or
to accept suitable work if such failure would not result in a denial of
benefits under subdivision (3) of subsection 1 of section 288.050 to the
extent that the provisions of subdivision (3) of subsection 1 of section
288.050 are not inconsistent with the provisions of subsections 5 and 6 of
this section.
9. The division shall refer any claimant entitled to extended
benefits under this law to any suitable work which meets the criteria
established in subsections 5 and 6 of this section.
10. Notwithstanding other provisions of this chapter to the contrary,
as to claims of extended benefits, subsections 4 to 9 of this section shall
not apply to weeks of unemployment beginning after March 6, 1993, and
before January 1, 1995. Entitlement to extended benefits for weeks
beginning after March 6, 1993, and before January 1, 1995, shall be
determined in accordance with provisions of this chapter not excluded by
this subsection.
11. "Weekly extended benefit amount." The weekly extended benefit
amount payable to an individual for a week of total unemployment in his or
her eligibility period shall be an amount equal to the weekly benefit
amount payable to him or her during his or her applicable benefit year,
reduced by a percentage equal to the percentage of the reduction in federal
payments to states under Section 204 of the Federal State Extended
Unemployment Compensation Act of 1970, in accord with any order issued
under any law of the United States. Such weekly benefit amount, if not a
multiple of one dollar, shall be reduced to the nearest lower full dollar
amount.
12. (1) "Total extended benefit amount." The total extended benefit
amount payable to any eligible individual with respect to his or her
applicable benefit year shall be the lesser of the following amounts:
(a) Fifty percent of the total amount of regular benefits which were
payable to him or her under this law in his or her applicable benefit year;
(b) Thirteen times his or her weekly benefit amount which was payable
to him or her under this law for a week of total unemployment in the
applicable benefit year.
(2) Notwithstanding subdivision (1) of this subsection, during any
fiscal year in which federal payments to states under Section 204 of the
Federal State Extended Unemployment Compensation Act of 1970 are reduced
under any order issued under any law of the United States, the total
extended benefit amount payable to an individual with respect to his or her
applicable benefit year shall be reduced by an amount equal to the
aggregate of the reductions under subsection 11 of this section in the
weekly amounts paid to the individual.
(3) Notwithstanding the other provisions of this subsection, if the
benefit year of any individual ends within an extended benefit period, the
remaining balance of extended benefits that such individual would, but for
this subdivision, be entitled to receive in that extended benefit period,
with respect to weeks of unemployment beginning after the end of the
benefit year, shall be reduced, but not below zero, by the product of the
number of weeks for which the individual received trade readjustment
allowances under the Trade Act of 1974, as amended, within that benefit
year, multiplied by the individual's weekly benefit amount for extended
benefits.
(4) (a) Effective with respect to weeks beginning in a high
unemployment period, subdivision (1) of this subsection shall be applied by
substituting:
a. Eighty percent for fifty percent in paragraph (a) of subdivision
(1) of this subsection; and
b. Twenty times for thirteen times in paragraph (b) of subdivision
(1) of this subsection.
(b) For purposes of paragraph (a) of this subdivision, the term "high
unemployment period" means any period during which an extended benefit
period would be in effect if subparagraph a. of paragraph (b) of
subdivision (2) of subsection 1 of this section were applied by
substituting eight percent for six and one-half percent.
13. (1) Whenever an extended benefit period is to become effective
in this state as a result of a state "on" indicator, or an extended benefit
period is to be terminated in this state as a result of a state "off"
indicator, the director shall make an appropriate public announcement.
(2) Computations required by the provisions of subdivision (4) of
subsection 1 of this section shall be made by the director, in accordance
with regulations prescribed by the United States Secretary of Labor.
(L. 1972 S.B. 474, A.L. 1977 H.B. 707, A.L. 1982 H.B. 1521, A.L. 1984
H.B. 1251 & 1549, A.L. 1988 H.B. 1485, A.L. 1993 H.B. 492, A.L.
2009 H.B. 1075, A.L. 2010 H.B. 1544, A.L. 2011 H.B. 163)
Effective 4-13-11
2010
2009
1993
2010
288.062. 1. As used in this section, unless the context clearly
requires otherwise:
(1) "Extended benefit period" means a period which begins with the
third week after a week for which there is a state "on" indicator, and ends
with either of the following weeks, whichever occurs later:
(a) The third week after the first week for which there is a state
"off" indicator; or
(b) The thirteenth consecutive week of such period; provided, that no
extended benefit period may begin by reason of a state "on" indicator
before the fourteenth week following the end of a prior extended benefit
period which was in effect with respect to this state;
(2) There is a "state 'on' indicator" for this state for a week if
the director determines, in accordance with the regulations of the United
States Secretary of Labor, that for the period consisting of such week and
the immediately preceding twelve weeks, the rate of insured unemployment
(not seasonally adjusted) under this law:
(a) Equaled or exceeded one hundred twenty percent of the average of
such rates for the corresponding thirteen-week period ending in each of the
preceding two calendar years; and
(b) Equaled or exceeded four percent for weeks beginning prior to or
on September 25, 1982, or five percent for weeks beginning after September
25, 1982; except that, if the rate of insured unemployment as contemplated
in this subdivision equals or exceeds five percent for weeks beginning
prior to or on September 25, 1982, or six percent for weeks beginning after
September 25, 1982, the determination of an "on" indicator shall be made
under this subdivision as if this subdivision did not contain the
provisions of paragraph (a) of this subdivision; or
(c) With respect to weeks of unemployment beginning on or after
February 1, 2009, and ending on or before the week ending four weeks prior
to the last week of unemployment for which one hundred percent federal
sharing is available under the provisions of Public Law 111-5, Section
2005(a) or March 3, 2011, whichever should occur first:
a. The average rate of total unemployment in the state (seasonally
adjusted), as determined by the United States Secretary of Labor, for the
period consisting of the most recent three months for which data for all
states are published before the close of such week equals or exceeds six
and one-half percent; and
b. The average rate of total unemployment in the state (seasonally
adjusted), as determined by the United States Secretary of Labor, for the
three-month period referred to in subparagraph a. of this paragraph, equals
or exceeds one hundred and ten percent of such average for either or both
of the corresponding three-month periods ending in the two preceding
calendar years;
(3) There is a "state 'off' indicator" for this state for a week if
the director determines, in accordance with the regulations of the United
States Secretary of Labor, that for the period consisting of such week and
the immediately preceding twelve weeks, the rate of insured unemployment
(not seasonally adjusted) under this law:
(a) Was less than one hundred twenty percent of the average of such
rates for the corresponding thirteen-week period ending in each of the
preceding two calendar years; or
(b) Was less than four percent (five percent for weeks beginning
after September 25, 1982); except, there shall not be an "off" indicator
for any week in which an "on" indicator as contemplated in paragraph (b) of
subdivision (2) of this subsection exists;
(4) "Rate of insured unemployment", for the purposes of subdivisions
(2) and (3) of this subsection, means the percentage derived by dividing:
(a) The average weekly number of individuals filing claims for
regular compensation in this state for weeks of unemployment with respect
to the most recent thirteen-consecutive-week period, as determined by the
director on the basis of his or her reports to the United States Secretary
of Labor, by
(b) The average monthly employment covered under this law for the
first four of the most recent six completed calendar quarters ending before
the end of such thirteen-week period;
(5) "Regular benefits" means benefits payable to an individual under
this law or under any other state law (including benefits payable to
federal civilian employees and ex-servicemen pursuant to 5 U.S.C. Chapter
85) other than extended benefits;
(6) "Extended benefits" means benefits (including benefits payable to
federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.
Chapter 85) payable to an individual under the provisions of this section
for weeks of unemployment in his or her eligibility period;
(7) "Eligibility period" of an individual means the period consisting
of the weeks in his or her benefit year which begin in an extended benefit
period and, if his or her benefit year ends within such extended benefit
period, any weeks thereafter which begin in such period;
(8) "Exhaustee" means an individual who, with respect to any week of
unemployment in his or her eligibility period:
(a) Has received, prior to such week, all of the regular benefits
that were available to him or her under this law or any other state law
(including dependents' allowances and benefits payable to federal civilian
employees and ex-servicemen under 5 U.S.C. Chapter 85) in his or her
current benefit year that includes such week; provided, that, for the
purposes of this paragraph, an individual shall be deemed to have received
all of the regular benefits that were available to him or her although as a
result of a pending appeal with respect to wages or employment, or both,
that were not considered in the original monetary determination in his or
her benefit year, he may subsequently be determined to be entitled to added
regular benefits; or
(b) Has received, prior to such week, all the regular compensation
available to him or her in his or her current benefit year that includes
such week under the unemployment compensation law of the state in which he
or she files a claim for extended compensation or the unemployment
compensation law of any other state after a cancellation of some or all of
his or her wage credits or the partial or total reduction of his or her
right to regular compensation; or
(c) His or her benefit year having expired prior to such week, he or
she has insufficient wages or employment, or both, on the basis of which he
or she could establish in any state a new benefit year that would include
such week, or having established a new benefit year that includes such
week, he or she is precluded from receiving regular compensation by reason
of a state law provision which meets the requirement of section 3304(a)(7)
of the Internal Revenue Code of 1954; and
(d) a. 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 Automotive Products Trade Act of 1965 and such
other federal laws as are specified in regulations issued by the United
States Secretary of Labor; and
b. Has not received and is not seeking unemployment benefits under
the unemployment compensation law of Canada; but if he or she is seeking
such benefits and the appropriate agency finally determines that he or she
is not entitled to benefits under such law he or she is considered an
exhaustee;
(9) "State law" means the unemployment insurance law of any state,
approved by the United States Secretary of Labor under Section 3304 of the
Internal Revenue Code of 1954.
2. Except when the result would be inconsistent with the other
provisions of this section, as provided in the regulations of the director,
the provisions of this law which apply to claims for, or the payment of,
regular benefits shall apply to claims for, and the payment of, extended
benefits.
3. An individual shall be eligible to receive extended benefits with
respect to any week of unemployment in his or her eligibility period only
if the deputy finds that with respect to such week:
(1) He or she is an exhaustee as defined in subdivision (8) of
subsection 1 of this section;
(2) He or she has satisfied the requirements of this law for the
receipt of regular benefits that are applicable to individuals claiming
extended benefits, including not being subject to a disqualification for
the receipt of benefits; except that, in the case of a claim for benefits
filed in another state, which is acting as an agent state under the
Interstate Benefits Payment Plan as provided by regulation, which claim is
based on benefit credits accumulated in this state, eligibility for
extended benefits shall be limited to the first two compensable weeks
unless there is an extended benefit period in effect in both this state and
the agent state in which the claim was filed;
(3) The other provisions of this law notwithstanding, as to new
extended benefit claims filed after September 25, 1982, an individual shall
be eligible to receive extended benefits with respect to any week of
unemployment in his or her eligibility period only if the deputy finds that
the total wages in the base period of his or her benefit year equal at
least one and one-half times the wages paid during that quarter of his or
her base period in which his or her wages were highest.
4. A claimant shall not be eligible for extended benefits following
any disqualification imposed under subsection 1 or 2 of section 288.050,
unless subsequent to the effective date of the disqualification, the
claimant has been employed during at least four weeks and has earned wages
equal to at least four times his or her weekly benefit amount.
5. For the purposes of determining eligibility for extended benefits,
the term "suitable work" means any work which is within such individual's
capabilities except that, if the individual furnishes satisfactory evidence
that the prospects for obtaining work in his or her customary occupation
within a reasonably short period are good, the determination of what
constitutes suitable work shall be made in accordance with the provisions
of subdivision (3) of subsection 1 of section 288.050. If a deputy finds
that a person who is claiming extended benefits has refused to accept or to
apply for suitable work, as defined in this subsection, or has failed to
actively engage in seeking work subsequent to the effective date of his or
her claim for extended benefits, that person shall be ineligible for
extended benefits for the period beginning with the first day of the week
in which such refusal or failure occurred. That ineligibility shall remain
in effect until the person has been employed for at least four weeks after
the week in which the refusal or failure occurred and has earned wages
equal to at least four times his or her weekly benefit amount.
6. Extended benefits shall not be denied under subsection 5 of this
section to any individual for any week by reason of a failure to accept an
offer of or apply for suitable work if:
(1) The gross average weekly remuneration for such work does not
exceed the individual's weekly benefit amount plus the amount of any
supplemental unemployment benefits, as defined in section 501(c)(17)(d) of
the Internal Revenue Code, payable to such individual for such week; or
(2) The position was not offered to such individual in writing or was
not listed with the state employment service; or
(3) If the remuneration for the work offered is less than the minimum
wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938,
as amended, without regard to any exemption or any applicable state or
local minimum wage, whichever is the greater.
7. For the purposes of this section, an individual shall be
considered as actively engaged in seeking work during any week with respect
to which the individual has engaged in a systematic and sustained effort to
obtain work as indicated by tangible evidence which the individual provides
to the division.
8. Extended benefits shall not be denied for failure to apply for or
to accept suitable work if such failure would not result in a denial of
benefits under subdivision (3) of subsection 1 of section 288.050 to the
extent that the provisions of subdivision (3) of subsection 1 of section
288.050 are not inconsistent with the provisions of subsections 5 and 6 of
this section.
9. The division shall refer any claimant entitled to extended
benefits under this law to any suitable work which meets the criteria
established in subsections 5 and 6 of this section.
10. Notwithstanding other provisions of this chapter to the contrary,
as to claims of extended benefits, subsections 4 to 9 of this section shall
not apply to weeks of unemployment beginning after March 6, 1993, and
before January 1, 1995. Entitlement to extended benefits for weeks
beginning after March 6, 1993, and before January 1, 1995, shall be
determined in accordance with provisions of this chapter not excluded by
this subsection.
11. "Weekly extended benefit amount." The weekly extended benefit
amount payable to an individual for a week of total unemployment in his or
her eligibility period shall be an amount equal to the weekly benefit
amount payable to him or her during his or her applicable benefit year,
reduced by a percentage equal to the percentage of the reduction in federal
payments to states under Section 204 of the Federal State Extended
Unemployment Compensation Act of 1970, in accord with any order issued
under any law of the United States. Such weekly benefit amount, if not a
multiple of one dollar, shall be reduced to the nearest lower full dollar
amount.
12. (1) "Total extended benefit amount." The total extended benefit
amount payable to any eligible individual with respect to his or her
applicable benefit year shall be the lesser of the following amounts:
(a) Fifty percent of the total amount of regular benefits which were
payable to him or her under this law in his or her applicable benefit year;
(b) Thirteen times his or her weekly benefit amount which was payable
to him or her under this law for a week of total unemployment in the
applicable benefit year.
(2) Notwithstanding subdivision (1) of this subsection, during any
fiscal year in which federal payments to states under Section 204 of the
Federal State Extended Unemployment Compensation Act of 1970 are reduced
under any order issued under any law of the United States, the total
extended benefit amount payable to an individual with respect to his or her
applicable benefit year shall be reduced by an amount equal to the
aggregate of the reductions under subsection 11 of this section in the
weekly amounts paid to the individual.
(3) Notwithstanding the other provisions of this subsection, if the
benefit year of any individual ends within an extended benefit period, the
remaining balance of extended benefits that such individual would, but for
this subdivision, be entitled to receive in that extended benefit period,
with respect to weeks of unemployment beginning after the end of the
benefit year, shall be reduced, but not below zero, by the product of the
number of weeks for which the individual received trade readjustment
allowances under the Trade Act of 1974, as amended, within that benefit
year, multiplied by the individual's weekly benefit amount for extended
benefits.
(4) (a) Effective with respect to weeks beginning in a high
unemployment period, subdivision (1) of this subsection shall be applied by
substituting:
a. Eighty percent for fifty percent in paragraph (a) of subdivision
(1) of this subsection; and
b. Twenty times for thirteen times in paragraph (b) of subdivision
(1) of this subsection.
(b) For purposes of paragraph (a) of this subdivision, the term "high
unemployment period" means any period during which an extended benefit
period would be in effect if subparagraph a. of paragraph (c) of
subdivision (2) of subsection 1 of this section were applied by
substituting eight percent for six and one-half percent.
13. (1) Whenever an extended benefit period is to become effective
in this state as a result of a state "on" indicator, or an extended benefit
period is to be terminated in this state as a result of a state "off"
indicator, the director shall make an appropriate public announcement.
(2) Computations required by the provisions of subdivision (4) of
subsection 1 of this section shall be made by the director, in accordance
with regulations prescribed by the United States Secretary of Labor.
2009
288.062. 1. As used in this section, unless the context clearly
requires otherwise:
(1) "Extended benefit period" means a period which begins with the
third week after a week for which there is a state "on" indicator, and ends
with either of the following weeks, whichever occurs later:
(a) The third week after the first week for which there is a state
"off" indicator; or
(b) The thirteenth consecutive week of such period; provided, that no
extended benefit period may begin by reason of a state "on" indicator
before the fourteenth week following the end of a prior extended benefit
period which was in effect with respect to this state;
(2) There is a "state 'on' indicator" for this state for a week if
the director determines, in accordance with the regulations of the United
States Secretary of Labor, that for the period consisting of such week and
the immediately preceding twelve weeks, the rate of insured unemployment
(not seasonally adjusted) under this law:
(a) Equaled or exceeded one hundred twenty percent of the average of
such rates for the corresponding thirteen-week period ending in each of the
preceding two calendar years;
(b) Equaled or exceeded four percent for weeks beginning prior to or
on September 25, 1982, or five percent for weeks beginning after September
25, 1982; except that, if the rate of insured unemployment as contemplated
in this subdivision equals or exceeds five percent for weeks beginning
prior to or on September 25, 1982, or six percent for weeks beginning after
September 25, 1982, the determination of an "on" indicator shall be made
under this subdivision as if this subdivision did not contain the
provisions of paragraph (a) of this subdivision; and
(c) With respect to weeks of unemployment beginning on or after
February 1, 2009, and ending on or before December 5, 2009:
a. The average rate of total unemployment in the state (seasonally
adjusted), as determined by the United States Secretary of Labor, for the
period consisting of the most recent three months for which data for all
states are published before the close of such week equals or exceeds six
and one-half percent; and
b. The average rate of total unemployment in the state (seasonally
adjusted), as determined by the United States Secretary of Labor, for the
three-month period referred to in subparagraph a. of this paragraph, equals
or exceeds one hundred and ten percent of such average for either or both
of the corresponding three-month periods ending in the two preceding
calendar years;
(3) There is a "state 'off' indicator" for this state for a week if
the director determines, in accordance with the regulations of the United
States Secretary of Labor, that for the period consisting of such week and
the immediately preceding twelve weeks, the rate of insured unemployment
(not seasonally adjusted) under this law:
(a) Was less than one hundred twenty percent of the average of such
rates for the corresponding thirteen-week period ending in each of the
preceding two calendar years; or
(b) Was less than four percent (five percent for weeks beginning
after September 25, 1982); except, there shall not be an "off" indicator
for any week in which an "on" indicator as contemplated in paragraph (b) of
subdivision (2) of this subsection exists;
(4) "Rate of insured unemployment", for the purposes of subdivisions
(2) and (3) of this subsection, means the percentage derived by dividing:
(a) The average weekly number of individuals filing claims for
regular compensation in this state for weeks of unemployment with respect
to the most recent thirteen-consecutive-week period, as determined by the
director on the basis of his or her reports to the United States Secretary
of Labor, by
(b) The average monthly employment covered under this law for the
first four of the most recent six completed calendar quarters ending before
the end of such thirteen-week period;
(5) "Regular benefits" means benefits payable to an individual under
this law or under any other state law (including benefits payable to
federal civilian employees and ex-servicemen pursuant to 5 U.S.C. Chapter
85) other than extended benefits;
(6) "Extended benefits" means benefits (including benefits payable to
federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.
Chapter 85) payable to an individual under the provisions of this section
for weeks of unemployment in his or her eligibility period;
(7) "Eligibility period" of an individual means the period consisting
of the weeks in his or her benefit year which begin in an extended benefit
period and, if his or her benefit year ends within such extended benefit
period, any weeks thereafter which begin in such period;
(8) "Exhaustee" means an individual who, with respect to any week of
unemployment in his or her eligibility period:
(a) Has received, prior to such week, all of the regular benefits
that were available to him or her under this law or any other state law
(including dependents' allowances and benefits payable to federal civilian
employees and ex-servicemen under 5 U.S.C. Chapter 85) in his or her
current benefit year that includes such week; provided, that, for the
purposes of this paragraph, an individual shall be deemed to have received
all of the regular benefits that were available to him or her although as a
result of a pending appeal with respect to wages or employment, or both,
that were not considered in the original monetary determination in his or
her benefit year, he may subsequently be determined to be entitled to added
regular benefits; or
(b) Has received, prior to such week, all the regular compensation
available to him or her in his or her current benefit year that includes
such week under the unemployment compensation law of the state in which he
or she files a claim for extended compensation or the unemployment
compensation law of any other state after a cancellation of some or all of
his or her wage credits or the partial or total reduction of his or her
right to regular compensation; or
(c) His or her benefit year having expired prior to such week, he or
she has insufficient wages or employment, or both, on the basis of which he
or she could establish in any state a new benefit year that would include
such week, or having established a new benefit year that includes such
week, he or she is precluded from receiving regular compensation by reason
of a state law provision which meets the requirement of section 3304(a)(7)
of the Internal Revenue Code of 1954; and
(d) a. 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 Automotive Products Trade Act of 1965 and such
other federal laws as are specified in regulations issued by the United
States Secretary of Labor; and
b. Has not received and is not seeking unemployment benefits under
the unemployment compensation law of Canada; but if he or she is seeking
such benefits and the appropriate agency finally determines that he or she
is not entitled to benefits under such law he or she is considered an
exhaustee;
(9) "State law" means the unemployment insurance law of any state,
approved by the United States Secretary of Labor under Section 3304 of the
Internal Revenue Code of 1954.
2. Except when the result would be inconsistent with the other
provisions of this section, as provided in the regulations of the director,
the provisions of this law which apply to claims for, or the payment of,
regular benefits shall apply to claims for, and the payment of, extended
benefits.
3. An individual shall be eligible to receive extended benefits with
respect to any week of unemployment in his or her eligibility period only
if the deputy finds that with respect to such week:
(1) He or she is an exhaustee as defined in subdivision (8) of
subsection 1 of this section;
(2) He or she has satisfied the requirements of this law for the
receipt of regular benefits that are applicable to individuals claiming
extended benefits, including not being subject to a disqualification for
the receipt of benefits; except that, in the case of a claim for benefits
filed in another state, which is acting as an agent state under the
Interstate Benefits Payment Plan as provided by regulation, which claim is
based on benefit credits accumulated in this state, eligibility for
extended benefits shall be limited to the first two compensable weeks
unless there is an extended benefit period in effect in both this state and
the agent state in which the claim was filed;
(3) The other provisions of this law notwithstanding, as to new
extended benefit claims filed after September 25, 1982, an individual shall
be eligible to receive extended benefits with respect to any week of
unemployment in his or her eligibility period only if the deputy finds that
the total wages in the base period of his or her benefit year equal at
least one and one-half times the wages paid during that quarter of his or
her base period in which his or her wages were highest.
4. A claimant shall not be eligible for extended benefits following
any disqualification imposed under subsection 1 or 2 of section 288.050,
unless subsequent to the effective date of the disqualification, the
claimant has been employed during at least four weeks and has earned wages
equal to at least four times his or her weekly benefit amount.
5. For the purposes of determining eligibility for extended benefits,
the term "suitable work" means any work which is within such individual's
capabilities except that, if the individual furnishes satisfactory evidence
that the prospects for obtaining work in his or her customary occupation
within a reasonably short period are good, the determination of what
constitutes suitable work shall be made in accordance with the provisions
of subdivision (3) of subsection 1 of section 288.050. If a deputy finds
that a person who is claiming extended benefits has refused to accept or to
apply for suitable work, as defined in this subsection, or has failed to
actively engage in seeking work subsequent to the effective date of his or
her claim for extended benefits, that person shall be ineligible for
extended benefits for the period beginning with the first day of the week
in which such refusal or failure occurred. That ineligibility shall remain
in effect until the person has been employed for at least four weeks after
the week in which the refusal or failure occurred and has earned wages
equal to at least four times his or her weekly benefit amount.
6. Extended benefits shall not be denied under subsection 5 of this
section to any individual for any week by reason of a failure to accept an
offer of or apply for suitable work if:
(1) The gross average weekly remuneration for such work does not
exceed the individual's weekly benefit amount plus the amount of any
supplemental unemployment benefits, as defined in section 501(c)(17)(d) of
the Internal Revenue Code, payable to such individual for such week; or
(2) The position was not offered to such individual in writing or was
not listed with the state employment service; or
(3) If the remuneration for the work offered is less than the minimum
wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938,
as amended, without regard to any exemption or any applicable state or
local minimum wage, whichever is the greater.
7. For the purposes of this section, an individual shall be
considered as actively engaged in seeking work during any week with respect
to which the individual has engaged in a systematic and sustained effort to
obtain work as indicated by tangible evidence which the individual provides
to the division.
8. Extended benefits shall not be denied for failure to apply for or
to accept suitable work if such failure would not result in a denial of
benefits under subdivision (3) of subsection 1 of section 288.050 to the
extent that the provisions of subdivision (3) of subsection 1 of section
288.050 are not inconsistent with the provisions of subsections 5 and 6 of
this section.
9. The division shall refer any claimant entitled to extended
benefits under this law to any suitable work which meets the criteria
established in subsections 5 and 6 of this section.
10. Notwithstanding other provisions of this chapter to the contrary,
as to claims of extended benefits, subsections 4 to 9 of this section shall
not apply to weeks of unemployment beginning after March 6, 1993, and
before January 1, 1995. Entitlement to extended benefits for weeks
beginning after March 6, 1993, and before January 1, 1995, shall be
determined in accordance with provisions of this chapter not excluded by
this subsection.
11. "Weekly extended benefit amount." The weekly extended benefit
amount payable to an individual for a week of total unemployment in his or
her eligibility period shall be an amount equal to the weekly benefit
amount payable to him or her during his or her applicable benefit year,
reduced by a percentage equal to the percentage of the reduction in federal
payments to states under Section 204 of the Federal State Extended
Unemployment Compensation Act of 1970, in accord with any order issued
under any law of the United States. Such weekly benefit amount, if not a
multiple of one dollar, shall be reduced to the nearest lower full dollar
amount.
12. (1) "Total extended benefit amount." The total extended benefit
amount payable to any eligible individual with respect to his or her
applicable benefit year shall be the lesser of the following amounts:
(a) Fifty percent of the total amount of regular benefits which were
payable to him or her under this law in his or her applicable benefit year;
(b) Thirteen times his or her weekly benefit amount which was payable
to him or her under this law for a week of total unemployment in the
applicable benefit year.
(2) Notwithstanding subdivision (1) of this subsection, during any
fiscal year in which federal payments to states under Section 204 of the
Federal State Extended Unemployment Compensation Act of 1970 are reduced
under any order issued under any law of the United States, the total
extended benefit amount payable to an individual with respect to his or her
applicable benefit year shall be reduced by an amount equal to the
aggregate of the reductions under subsection 11 of this section in the
weekly amounts paid to the individual.
(3) Notwithstanding the other provisions of this subsection, if the
benefit year of any individual ends within an extended benefit period, the
remaining balance of extended benefits that such individual would, but for
this subdivision, be entitled to receive in that extended benefit period,
with respect to weeks of unemployment beginning after the end of the
benefit year, shall be reduced, but not below zero, by the product of the
number of weeks for which the individual received trade readjustment
allowances under the Trade Act of 1974, as amended, within that benefit
year, multiplied by the individual's weekly benefit amount for extended
benefits.
(4) (a) Effective with respect to weeks beginning in a high
unemployment period, subdivision (1) of this subsection shall be applied by
substituting:
a. Eighty percent for fifty percent in paragraph (a) of subdivision
(1) of this subsection; and
b. Twenty times for thirteen times in paragraph (b) of subdivision
(1) of this subsection.
(b) For purposes of paragraph (a) of this subdivision, the term "high
unemployment period" means any period during which an extended benefit
period would be in effect if subparagraph a. of paragraph (c) of
subdivision (2) of subsection 1 of this section were applied by
substituting eight percent for six and one-half percent.
13. (1) Whenever an extended benefit period is to become effective
in this state as a result of a state "on" indicator, or an extended benefit
period is to be terminated in this state as a result of a state "off"
indicator, the director shall make an appropriate public announcement.
(2) Computations required by the provisions of subdivision (4) of
subsection 1 of this section, shall be made by the director, in accordance
with regulations prescribed by the United States Secretary of Labor.
1993
288.062. 1. As used in this section, unless the context clearly
requires otherwise:
(1) "Extended benefit period" means a period which begins with the third
week after a week for which there is a state "on" indicator, and ends with
either of the following weeks, whichever occurs later:
(a) The third week after the first week for which there is a state "off"
indicator; or
(b) The thirteenth consecutive week of such period; provided, that no
extended benefit period may begin by reason of a state "on" indicator before
the fourteenth week following the end of a prior extended benefit period which
was in effect with respect to this state.
(2) There is a "state 'on' indicator" for this state for a week if the
director determines, in accordance with the regulations of the United States
Secretary of Labor, that for the period consisting of such week and the
immediately preceding twelve weeks, the rate of insured unemployment (not
seasonally adjusted) under this law:
(a) Equaled or exceeded one hundred twenty percent of the average of
such rates for the corresponding thirteen-week period ending in each of the
preceding two calendar years; and
(b) Equaled or exceeded four percent for weeks beginning prior to or on
September 25, 1982, or five percent for weeks beginning after September 25,
1982; except that, if the rate of insured unemployment as contemplated in this
subdivision equals or exceeds five percent for weeks beginning prior to or on
September 25, 1982, or six percent for weeks beginning after September 25,
1982, the determination of an "on" indicator shall be made under this
subdivision as if this subdivision did not contain the provisions of paragraph
(a) of this subdivision.
(3) There is a "state 'off' indicator" for this state for a week if the
director determines, in accordance with the regulations of the United States
Secretary of Labor, that for the period consisting of such week and the
immediately preceding twelve weeks, the rate of insured unemployment (not
seasonally adjusted) under this law:
(a) Was less than one hundred twenty percent of the average of such
rates for the corresponding thirteen-week period ending in each of the
preceding two calendar years; or
(b) Was less than four percent (five percent for weeks beginning after
September 25, 1982); except, there shall not be an "off" indicator for any
week in which an "on" indicator as contemplated in paragraph (b) of
subdivision (2) of this subsection exists.
(4) "Rate of insured unemployment", for the purposes of subdivisions (2)
and (3) of this subsection, means the percentage derived by dividing:
(a) The average weekly number of individuals filing claims for regular
compensation in this state for weeks of unemployment with respect to the most
recent thirteen-consecutive-week period, as determined by the director on the
basis of his reports to the United States Secretary of Labor, by
(b) The average monthly employment covered under this law for the first
four of the most recent six completed calendar quarters ending before the end
of such thirteen-week period.
(5) "Regular benefits" means benefits payable to an individual under
this law or under any other state law (including benefits payable to federal
civilian employees and ex-servicemen pursuant to 5 U.S.C. chapter 85) other
than extended benefits.
(6) "Extended benefits" means benefits (including benefits payable to
federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter
85) payable to an individual under the provisions of this section for weeks of
unemployment in his eligibility period.
(7) "Eligibility period" of an individual means the period consisting of
the weeks in his benefit year which begin in an extended benefit period and,
if his benefit year ends within such extended benefit period, any weeks
thereafter which begin in such period.
(8) "Exhaustee" means an individual who, with respect to any week of
unemployment in his eligibility period:
(a) Has received, prior to such week, all of the regular benefits that
were available to him under this law or any other state law (including
dependents' allowances and benefits payable to federal civilian employees and
ex-servicemen under 5 U.S.C. chapter 85) in his current benefit year that
includes such week; provided, that, for the purposes of this paragraph, an
individual shall be deemed to have received all of the regular benefits that
were available to him although as a result of a pending appeal with respect to
wages or employment, or both, that were not considered in the original
monetary determination in his benefit year, he may subsequently be determined
to be entitled to added regular benefits; or
(b) Has received, prior to such week, all the regular compensation
available to him in his current benefit year that includes such week under the
unemployment compensation law of the state in which he files a claim for
extended compensation or the unemployment compensation law of any other state
after a cancellation of some or all of his wage credits or the partial or
total reduction of his right to regular compensation; or
(c) His benefit year having expired prior to such week, he has
insufficient wages or employment, or both, on the basis of which he could
establish in any state a new benefit year that would include such week, or
having established a new benefit year that includes such week, he is precluded
from receiving regular compensation by reason of a state law provision which
meets the requirement of section 3304(a)(7) of the Internal Revenue Code of
1954; and
(d) a. 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 Automotive Products Trade Act of 1965 and such other federal laws
as are specified in regulations issued by the United States Secretary of
Labor; and
b. Has not received and is not seeking unemployment benefits under the
unemployment compensation law of Canada; but if he is seeking such benefits
and the appropriate agency finally determines that he is not entitled to
benefits under such law he is considered an exhaustee.
(9) "State law" means the unemployment insurance law of any state,
approved by the United States Secretary of Labor under section 3304 of the
Internal Revenue Code of 1954.
2. Except when the result would be inconsistent with the other
provisions of this section, as provided in the regulations of the director,
the provisions of this law which apply to claims for, or the payment of,
regular benefits shall apply to claims for, and the payment of, extended
benefits.
3. An individual shall be eligible to receive extended benefits with
respect to any week of unemployment in his eligibility period only if the
deputy finds that with respect to such week:
(1) He is an "exhaustee" as defined in subdivision (8) of subsection 1
of this section;
(2) He has satisfied the requirements of this law for the receipt of
regular benefits that are applicable to individuals claiming extended
benefits, including not being subject to a disqualification for the receipt of
benefits; except that, in the case of a claim for benefits filed in another
state, which is acting as an agent state under the Interstate Benefits Payment
Plan as provided by regulation, which claim is based on benefit credits
accumulated in this state, eligibility for extended benefits shall be limited
to the first two compensable weeks unless there is an extended benefit period
in effect in both this state and the agent state in which the claim was filed;
(3) The other provisions of this law notwithstanding, as to new extended
benefit claims filed after September 25, 1982, an individual shall be eligible
to receive extended benefits with respect to any week of unemployment in his
eligibility period only if the deputy finds that the total wages in the base
period of his benefit year equal at least one and one-half times the wages
paid during that quarter of his base period in which his wages were highest.
4. A claimant shall not be eligible for extended benefits following any
disqualification imposed under subsection 1 or 2 of section 288.050, unless
subsequent to the effective date of the disqualification, the claimant has
been employed during at least four weeks and has earned wages equal to at
least four times his weekly benefit amount.
5. For the purposes of determining eligibility for extended benefits,
the term "suitable work" means any work which is within such individual's
capabilities except that, if the individual furnishes satisfactory evidence
that the prospects for obtaining work in his customary occupation within a
reasonably short period are good, the determination of what constitutes
"suitable work" shall be made in accordance with the provisions of subdivision
(3) of subsection 1 of section 288.050. If a deputy finds that a person who
is claiming extended benefits has refused to accept or to apply for suitable
work, as defined in this subsection, or has failed to actively engage in
seeking work subsequent to the effective date of his claim for extended
benefits, that person shall be ineligible for extended benefits for the period
beginning with the first day of the week in which such refusal or failure
occurred. That ineligibility shall remain in effect until the person has been
employed for at least four weeks after the week in which the refusal or
failure occurred and has earned wages equal to at least four times his weekly
benefit amount.
6. Extended benefits shall not be denied under subsection 5 of this
section to any individual for any week by reason of a failure to accept an
offer of or apply for suitable work if:
(1) The gross average weekly remuneration for such work does not exceed
the individual's weekly benefit amount plus the amount of any supplemental
unemployment benefits, as defined in section 501(c)(17)(d) of the Internal
Revenue Code, payable to such individual for such week; or
(2) The position was not offered to such individual in writing or was
not listed with the state employment service; or
(3) If the remuneration for the work offered is less than the minimum
wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, as
amended, without regard to any exemption or any applicable state or local
minimum wage, whichever is the greater.
7. For the purposes of this section, an individual shall be considered
as actively engaged in seeking work during any week with respect to which the
individual has engaged in a systematic and sustained effort to obtain work as
indicated by tangible evidence which the individual provides to the division.
8. Extended benefits shall not be denied for failure to apply for or to
accept suitable work if such failure would not result in a denial of benefits
under subdivision (3) of subsection 1 of section 288.050 to the extent that
the provisions of subdivision (3) of subsection 1 of section 288.050 are not
inconsistent with the provisions of subsection 5 and subsection 6 of this
section.
9. The division shall refer any claimant entitled to extended benefits
under this law to any suitable work which meets the criteria established in
subsections 5 and 6 of this section.
10. Notwithstanding other provisions of this chapter to the contrary, as
to claims of extended benefits, subsections 4 to 9 of this section shall not
apply to weeks of unemployment beginning after March 6, 1993, and before
January 1, 1995. Entitlement to extended benefits for weeks beginning after
March 6, 1993, and before January 1, 1995, shall be determined in accordance
with provisions of this chapter not excluded by this subsection.
11. "Weekly extended benefit amount." The weekly extended benefit
amount payable to an individual for a week of total unemployment in his
eligibility period shall be an amount equal to the weekly benefit amount
payable to him during his applicable benefit year, reduced by a percentage
equal to the percentage of the reduction in federal payments to states under
section 204 of the Federal State Extended Unemployment Compensation Act of
1970, in accord with any order issued under any law of the United States.
Such weekly benefit amount, if not a multiple of one dollar, shall be reduced
to the nearest lower full dollar amount.
12. (1) "Total extended benefit amount." The total extended benefit
amount payable to any eligible individual with respect to his applicable
benefit year shall be the lesser* of the following amounts:
(a) Fifty percent of the total amount of regular benefits which were
payable to him under this law in his applicable benefit year;
(b) Thirteen times his weekly benefit amount which was payable to him
under this law for a week of total unemployment in the applicable benefit
year.
(2) Notwithstanding subdivision (1) of this subsection, during any
fiscal year in which federal payments to states under section 204 of the
Federal State Extended Unemployment Compensation Act of 1970 are reduced under
any order issued under any law of the United States, the total extended
benefit amount payable to an individual with respect to his applicable benefit
year shall be reduced by an amount equal to the aggregate of the reductions
under subsection 11 of this section in the weekly amounts paid to the
individual.
(3) Notwithstanding the other provisions of this subsection, if the
benefit year of any individual ends within an extended benefit period, the
remaining balance of extended benefits that such individual would, but for
this subdivision, be entitled to receive in that extended benefit period, with
respect to weeks of unemployment beginning after the end of the benefit year,
shall be reduced, but not below zero, by the product of the number of weeks
for which the individual received trade readjustment allowances under the
Trade Act of 1974, as amended, within that benefit year, multiplied by the
individual's weekly benefit amount for extended benefits.
13. (1) Whenever an extended benefit period is to become effective in
this state as a result of a state "on" indicator, or an extended benefit
period is to be terminated in this state as a result of a state "off"
indicator, the director shall make an appropriate public announcement.
(2) Computations required by the provisions of subdivision (4) of
subsection 1 of this section, shall be made by the director, in accordance
with regulations prescribed by the United States Secretary of Labor.
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