(a)(1) An extended benefit period is a period that:
(i) except as provided in paragraph (2) of this subsection, begins with the 3rd week after the 1st week for which there is a State “on” indicator but not earlier than the 14th week after the end of another extended benefit period; and
(ii) ends with the later of:
1. the 3rd week after the 1st week for which there is a State “off” indicator; or
2. the 13th consecutive week of the period.
(2) The requirement described under paragraph (1)(i) of this subsection does not apply for weeks of unemployment beginning after June 1, 2022, for which:
(i) 100% federal sharing is available; and
(ii) waiver of the requirement is authorized under federal law.
Indicators based on 5% unemployment rate
(b)(1) A State “on” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is at least:
(i) 5%; and
(ii) 120% of the average of the rates for the corresponding 13-week period ending in each of the 2 preceding calendar years.
(2) After a State “on” indicator occurs under this subsection, a State “off” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is less than:
(i) 5%; or
(ii) 120% of the average of the rates for the corresponding 13-week period ending in each of the 2 preceding calendar years.
Indicators based on 6% unemployment rate
(c)(1) A State “on” indicator exists for a week whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is at least 6%.
(2) After a State “on” indicator occurs under this subsection, a State “off” indicator exists for a week whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, was less than 6%.
Conflict between “On” and “Off” indicators
(d) A State “on” indicator under subsection (b) or (c) of this section takes precedence over a State “off” indicator under subsection (b) or (c) of this section, respectively.
Determination of unemployment rates
(e)(1) To compute the rate of insured unemployment under subsections (b) and (c) of this section, the Secretary shall:
(i) determine the average weekly number of individuals submitting claims for regular benefits in the State for weeks of unemployment during the most recent 13 consecutive weeks based on reports of the Secretary to the United States Secretary of Labor; and
(ii) divide that number by the average monthly number of employees engaged in covered employment for the 1st 4 of the 6 completed calendar quarters ending immediately before the 13 weeks.
(2) The Secretary shall make each computation under this subsection in accordance with regulations of the United States Secretary of Labor.
Indicators based on when 100% federal sharing is available
(f)(1) This subsection applies only to any weeks of unemployment:
(i) beginning after June 1, 2022, for which 100% federal sharing is available; and
(ii) ending 4 weeks before the last week for which 100% federal sharing is available.
(2) A State “on” indicator for a week exists if:
(i) the average rate of total unemployment, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of the week is at least 6.5%; and
(ii) the average rate of total unemployment in the State, seasonally adjusted, as determined by the United States Secretary of Labor, for the 3-month period described in item (i) of this paragraph is at least 110% of that average for either or both of the corresponding 3-month periods ending in the 2 preceding calendar years.
(3) After a State “on” indicator occurs under paragraph (2) of this subsection, a State “off” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, none of the circumstances described in paragraph (2) of this subsection are met.
(4) Extended benefits may not be payable based on a State “on” trigger under this subsection for any week of unemployment beginning before June 1, 2022.
Public announcement
(g) The Secretary shall make an appropriate public announcement whenever an “on” indicator exists that begins or an “off” indicator exists that ends an extended benefit period.
Credits
Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 2011, c. 170, § 1, eff. Oct. 1, 2011; Acts 2022, c. 652, § 1, eff. June 1, 2022; Acts 2022, c. 653, § 1, eff. June 1, 2022.
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
