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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXI LABOR AND INDUSTRIES
  • CHAPTER 151A UNEMPLOYMENT INSURANCE
  • Section 30A Extended benefits program

Section 30A. (1) As used in this section the following words and phrases shall, unless the context clearly requires otherwise, have the following meanings:—

(a) “Extended benefit period”, a period which begins with the third week after a week for which there is a state “on” indicator; and which ends with either of the following weeks, whichever occurs later; (i) the third week after the first week for which there is a state “off” indicator, or (ii) 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 the commonwealth.

[There is no paragraph (b) or (c).]

(d) There is a “state ‘on’ indicator” for the commonwealth 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 chapter:

(1) equaled or exceeded one hundred and twenty per cent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and

(2) Equaled or exceeded five per cent.

(e) There is a state “off” indicator for the commonwealth for any week if the commissioner shall determine, for the period consisting of such week and the immediately preceding twelve weeks, either subparagraph (1) or (2) of paragraph (d) was not satisfied.

(f) “Rate of insured unemployment”, as used in paragraphs (d) and (e) of this subsection, means the percentage derived by dividing

(1) the average weekly number of individuals filing claims for regular compensation in the commonwealth for weeks of unemployment with respect to the most recent thirteen-consecutive-week period, as determined by the commissioner on the basis of his reports to the United States Secretary of Labor, by

(2) the average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of such thirteen-week period.

(g) “Regular benefits”, benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85, other than extended benefits and additional benefits.

(h) “Extended benefits”, benefits, including benefits payable to federal civilian employees and 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.

(i) “Additional benefits”, benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of section thirty.

(j) “Eligibility period”, the period consisting of the weeks in an individual’s 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.

(k) “Exhaustee”, an individual who, with respect to any week of unemployment in his eligibility period:

(1) has received, prior to such week, all of the regular benefits that were available to him under this chapter or any other state law, including dependency benefits 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 purpose of this subsection, 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 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;

(2) his benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; and

(3) has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act or under such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada or the Virgin Islands; but if the individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under such law, the individual shall be considered an exhaustee if the other provisions of this definition are met; provided, that the reference in this subparagraph to the Virgin Islands shall be inapplicable effective on the day on which the United States Secretary of Labor approves under section 3304(a) of the Internal Revenue Code of 1954, an unemployment compensation law submitted to the secretary by the Virgin Islands for approval.

(l) “State law”, 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.

(m) “Suitable work”, any work which is within an individual’s capabilities, except that, if the individual furnishes evidence satisfactory to the director that such individual’s prospects for obtaining work in his customary occupation within a reasonably short period are good, the determination of whether any work is suitable with respect to such individual shall be made in accordance with subsection (c) of section twenty-five.

(n) “Regular compensation”, benefits payable to an individual under this chapter, but not including additional or extended benefits.

(2) Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.

(3)(a) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the commissioner finds that with respect to such week: (1) he is an exhaustee (2) he has satisfied the requirements of this chapter 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 as provided in paragraph (b) and (3) said individual has had twenty weeks of full time insured employment, or the equivalent in insured wages. For the purposes of this subsection, insured wages are wages paid during the base period of the current benefit year in an amount which exceeds forty times the most recent weekly benefit amount or one and one-half times the wages of the individual’s highest quarterly earnings. The commissioner shall prescribe by regulation which of the foregoing methods of measuring employment and earnings shall be used to effectuate the purposes of this chapter and to provide the greatest coverage to individuals in need of extended benefits.

(b) Any individual who has been disqualified from receiving regular benefits under subsection (c) of section twenty-five for refusing to apply for or accept suitable employment shall not be eligible for extended benefits until such individual has been employed during at least four weeks which begin after such failure and the total of the remuneration earned by the individual for being so employed is not less than the product of four multiplied by the individual’s average weekly benefit amount, as determined for purposes of clause (c) of subsection (5) for such individual’s benefit year.

(c) An individual shall not be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period: (1) during which such individual fails to accept any offer of suitable work, as defined in paragraph (m) of subsection (1), or fails to apply for any suitable work to which he was referred by the employment office; or (2) during which such individual fails to actively engage in seeking work, unless such individual is (i) before any court of the United States or any State pursuant to a lawfully issued summons to appear for jury duty or (ii) hospitalized for treatment of an emergency or life-threatening condition. The eligibility for extended benefits of an individual who is determined not to be actively engaged in seeking work in any week for the reasons specified in clauses (i) or (ii) shall be decided pursuant to subsection (b) of section twenty-four without regard to the disqualification provisions otherwise applicable under this section. For the purposes of this paragraph, an individual shall be treated as actively engaged in seeking work during any week if: (i) the individual has engaged in a systematic and sustained effort to obtain work during such week, and (ii) the individual provides tangible evidence to the employment office of such effort.

(d) If any individual is ineligible for extended benefits for any week by reason of a failure described in clause (1) or (2) of paragraph (c), the individual shall be ineligible to receive extended benefits for any week which begins during a period which (1) begins with the week following the week in which such failure occurs, and (2) does not end until such individual has been employed during at least four weeks which begin after such failure and the total of the remuneration earned by the individual for being so employed is not less than the product of four multiplied by the individual’s average weekly benefit amount, as determined for purposes of clause (c) of subsection (5) for such individual’s benefit year.

(e) Extended benefits shall not be denied under clause (1) of paragraph (c) to any individual for any week by reason of a failure to accept an offer of, or apply for, suitable work: (1) if the gross average weekly remuneration payable to such individual for the position does not exceed the sum of (i) the individual’s average weekly benefit amount, as determined for purposes of clause (c) of subsection (5) for such individual’s benefit year, plus (ii) the amount, if any, of supplemental unemployment compensation benefits, as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1954, payable to such individual for such week; (2) if the position was not offered to such individual in writing or was not listed with the department of employment and training; (3) if such failure would not result in a denial of compensation under the provisions of subsection (c) of section twenty-five to the extent that such provisions are not inconsistent with the provisions of this section; or (4) if the position pays less than the higher of the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, or the minimum wage as provided in chapter one hundred and fifty-one. The employment office shall refer applicants for extended benefits to any suitable work which clauses (1), (2), (3), and (4) would not apply.

(4) 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, including dependency benefits, payable to him during his applicable benefit year. For any individual who was paid benefits during the applicable benefit year in accordance with more than one weekly benefit amount, the weekly extended benefit amount shall be the average of such weekly benefit amounts.

(5) The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year rounded to the next lower full dollar amount shall be the least of the following amounts:

(a) fifty per cent of the total amount of regular benefits, including dependency benefits, which were payable to him under this chapter in his applicable benefit year;

(b) thirteen times his average weekly benefit amount, including dependency benefits, which was payable to him under this chapter for a week of total unemployment in the applicable benefit year; or

(c) thirty-nine times his average weekly benefit amount, including dependency benefits, which was payable to him under this chapter for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid, or deemed paid, to him under this chapter with respect to the benefit year.

Notwithstanding any 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 paragraph, 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 any amounts as readjustment allowances under the Trade Act of 1974 within that benefit year, multiplied by the individual weekly benefit amount for extended benefits.

(6) Any benefit paid to an individual under the provisions of this section shall be charged in accordance with the provisions of paragraph (3) of subsection (d) of section fourteen to the extent that such benefits are not reimbursable by funds made available under any act of Congress.

(7) An individual shall not be eligible for extended benefits for any week beginning after June first, nineteen hundred and eighty-one if:

(i) extended benefits would, but for the operation of this subsection, be payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan, and

(ii) no extended benefit period is in effect for such week in such state; provided, however, that the foregoing shall not apply with respect to the first two weeks for which extended benefits are payable determined without regard to this paragraph, pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended benefit account established for the individual with respect to the benefit year.

Whenever an extended benefit period is to become effective in the commonwealth as a result of a state “on” indicator, or an extended benefit period is to be terminated in the commonwealth as a result of a state “off” indicator, the director shall make an appropriate public announcement.

Computations required by the provisions of paragraph (f) of subsection (1) of this section shall be made by the commissioner, in accordance with regulations prescribed by the United States Secretary of Labor.

If the Federal State Extended Unemployment Compensation Act of 1970 is amended so as to authorize the commonwealth to pay benefits for a period of extended duration beyond that currently provided by this section, the amended provisions of such federal law shall become a part of this section to the extent necessary to authorize the payment of benefits for such extended duration.

Paragraphs (b), (c), (d) and (e) of subsection (3) shall not apply to weeks of unemployment beginning after March sixth, nineteen hundred and ninety-three and for each week thereafter as long as federal law requires that the provisions of section 202(a) (3) and (4) of the Federal State Extended Unemployment Compensation Act of 1970, as amended, be suspended.