As used in this part 1, unless the context otherwise
requires:
(1) 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.
(2) (a) Exhaustee means an individual who, with respect to any week of
unemployment in his or her eligibility period:
(I) Has received, prior to such week, all of the regular benefits that were
payable to him under articles 70 to 82 of this title or any other state law (including
dependents' allowances and regular benefits payable to federal civilian employees
and ex-servicemen under 5 U.S.C., chapter 85) for his benefit year that includes
such week;
(II) Has received, prior to such week, all of the regular benefits that were
available to him under articles 70 to 82 of this title or any other state law (including
dependents' allowances and regular benefits available to federal civilian
employees and ex-servicemen under 5 U.S.C., chapter 85) in his benefit year that
includes such week, after the cancellation of some or all of his wage credits or the
total or partial reduction of his right to regular benefits. For the purposes of this
subparagraph (II) and subparagraph (I) of this paragraph (a), an individual shall be
deemed to have received in his applicable benefit year all of the regular benefits
that were payable to him or available to him, as the case may be, even though:
(A) As a result of a pending appeal with respect to wages or employment, or
both, that was not included in the original monetary determination with respect to
such benefit year, he may subsequently be determined to be entitled to more
regular benefits; or
(B) By reason of the seasonal provisions of another state law, he is not
entitled to regular benefits with respect to such week of unemployment (although
he may be entitled to regular benefits with respect to future weeks of
unemployment in the next season or off-season, as the case may be, in such benefit
year), and he is otherwise an exhaustee within the meaning of this subsection (2)
with respect to his right to regular benefits under such other state law's seasonal
provisions during the season or off-season in which that week of unemployment
occurs; or
(C) Having established a benefit year, no regular benefits are payable to him
during such year because his wage credits were canceled or his right to regular
benefits was totally reduced as a result of the application of a disqualification;
(III) His benefit year having ended prior to such week, 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 benefits by reason
of the provisions of section 8-73-107 (2) which meet the requirements of section
3304 (a)(7) of the Federal Unemployment Tax Act or a similar provision in any
other state law;
(IV) Has no right for such week to unemployment benefits or allowances, as
the case may be, under the Railroad Unemployment Insurance Act, the Trade
Expansion Act of 1962, and such other federal laws as are specified in regulations
issued by the United States secretary of labor;
(V) Has not received and is not seeking for such week unemployment
benefits under an unemployment compensation law of Canada, unless the
appropriate agency finally determines that he is not entitled to unemployment
benefits under such law for such week; or
(VI) Has received all of the unemployment compensation benefits pursuant
to part 2 of this article and regular unemployment compensation benefits available
in a benefit year.
(b) Applicable benefit year, as used in this subsection (2), means, with
respect to an individual, his current benefit year if at the time he files a claim for
extended benefits he has an unexpired benefit year only in the state in which he
files such claim or, in any other case, his most recent benefit year. For the purpose
of this paragraph (b), his most recent benefit year, if he has unexpired benefit
years in more than one state when he files a claim for extended benefits, is the
benefit year with the latest ending date or, if such benefit years have the same
ending date, the benefit year in which his latest continued claim for regular benefits
was filed.
(3) (a) Extended benefit period means a period which:
(I) Begins with the third week after a week for which there is an on
indicator; and
(II) Ends with either of the following weeks, whichever occurs later:
(A) The third week after the first week for which there is an off indicator; or
(B) The thirteenth consecutive week of such period.
(b) But no extended benefit period may begin by reason of an on indicator
before the fourteenth week following the end of a prior extended benefit period
which was in effect with respect to this state.
(4) Extended benefits means benefits as defined in section 8-70-110 (1)(b).
(4.5) High unemployment period means a period in which the seasonally
adjusted total unemployment rate, as determined by the United States secretary of
labor, for the most recent three months for which data for all states is published,
equals or exceeds eight percent.
(5) and (6) Repealed.
(7) Rate of insured unemployment, for the purposes of subsection (11) of
this section, means the percentage derived by dividing: The average weekly number
of individuals filing claims for regular compensation in this state for weeks of
unemployment with respect to the most recent consecutive thirteen-week period as
determined by the division on the basis of its reports to the United States secretary
of labor, by the average monthly employment covered under articles 70 to 82 of
this title for the first four of the six most recently completed calendar quarters
ending before the end of such thirteen-week period.
(8) Regular benefits means benefits as defined in section 8-70-110 (1)(a).
(9) State law means the unemployment insurance law of any state,
approved by the United States secretary of labor under section 3304 of the federal
Internal Revenue Code of 1986, as amended.
(9.5) Total unemployment rate or TUR means the percentage derived by
dividing the number of all unemployed persons in the civilian labor force by the
number of individuals comprising the total labor force, including both employed and
unemployed individuals, and then multiplying that number by one hundred.
(10) There is an off indicator for a week if, for the period consisting of such
week and the immediately preceding twelve weeks, either:
(a) Sub-subparagraph (A) or (C) of subparagraph (I) of paragraph (a) of
subsection (11) of this section was not satisfied, and subparagraph (II) of paragraph
(a) of subsection (11) of this section was not satisfied; or
(b) Sub-subparagraph (B) or (C) of subparagraph (I) of paragraph (a) of
subsection (11) of this section was not satisfied, and subparagraph (II) of paragraph
(a) of subsection (11) of this section was not satisfied.
(11) (a) There is an on indicator for a week if the rate of insured
unemployment under articles 70 to 82 of this title for the period consisting of such
week and the immediately preceding twelve weeks:
(I) (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; or
(B) 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
three calendar years with respect to weeks beginning on or after December 17,
2010, and ending December 31, 2011, or while Pub.L. 111-312 and any amendments
thereto are in effect; and
(C) Equaled or exceeded five percent; or
(II) Equaled or exceeded six percent.
(b) Repealed.