§ 8-75-103.5 — Additional extended benefit requirements

Colorado § 8-75-103.5

• Jurisdiction: Colorado
• Title 08: Labor and
• Art.: Extended Benefits Program

Text

(1) An individual
shall be ineligible for payment of extended benefits for any week of unemployment
in his eligibility period if the division finds that during such period:

(a) He failed to accept any offer of suitable work as defined under
subsection (3) of this section or failed to apply for any suitable work to which he
was referred by the division; or

(b) He failed to actively engage in seeking work which is prescribed as
suitable work under subsection (5) of this section.

(2) Any individual who has been found ineligible for extended benefits by
reason of the provisions of subsection (1) of this section shall also be denied
benefits beginning with the first day of the week following the week in which such
failure occurred and until he has been employed in each of four subsequent weeks,
whether or not consecutive, and has earned remuneration equal to not less than
four times the extended weekly benefit amount.

(3) For the purposes of this section, suitable work means, with respect to
any individual, any work which is within such individual's capabilities. The gross
average weekly remuneration payable for such work shall:

(a) Exceed the sum of the individual's extended weekly benefit amount as
determined under sections 8-73-102 and 8-75-104 plus the amount, if any, of
supplemental unemployment benefits, as defined in section 501 (c)(17)(D) of the
federal Internal Revenue Code of 1986, as amended, payable to such individual
for such week;

(b) Not be less than the higher of the minimum wage provided by section 206
(a)(1) of the Fair Labor Standards Act of 1938, as amended, without regard to any
exemption, or the applicable state or local minimum wage.

(4) No individual shall be denied extended benefits for failure to accept an
offer of or apply for any job which meets the definition of suitability, provided in
subsection (3) of this section, if:

(a) The position was not offered to such individual in writing or was not listed
with the state employment service;

(b) Such failure could not result in a denial of benefits under the definition of
suitable work for regular benefit claimants in section 8-73-108 (5)(b) to the extent
that the criteria of suitability in that section are not consistent with the provisions of
subsection (3) of this section;

(c) The individual furnishes satisfactory evidence to the division that his
prospects for obtaining work in his customary occupation within a reasonably short
period are good. If such evidence is deemed satisfactory for this purpose, the
determination of whether any work is suitable with respect to such individual shall
be made in accordance with the definition of suitable work for regular benefit
claimants in section 8-73-108 without regard to the definition specified by
subsection (3) of this section.

(5) Notwithstanding the provisions of paragraph (b) of subsection (3) of this
section to the contrary, no work shall be deemed suitable work for an individual
which does not accord with the labor standards provisions required by section 3304
(a)(5) of the federal Internal Revenue Code of 1986, as amended, and set forth
under section 8-73-108 (5)(b).

(6) For the purposes of paragraph (b) of subsection (1) of this section, an
individual shall be treated as actively engaged in seeking work during any week if:

(a) The individual has engaged in a systematic and sustained effort to obtain
work during such week;

(b) The individual furnishes tangible evidence that he has engaged in such
effort during such week.

(7) The state employment service shall refer any claimant entitled to
extended benefits under the Colorado Employment Security Act, articles 70 to 82
of this title, to any suitable work which meets the criteria prescribed in subsection
(3) of this section.

(8) An individual shall not be eligible to receive extended benefits with
respect to any week of unemployment in his eligibility period if such individual has
been disqualified for regular benefits under the Colorado Employment Security
Act, articles 70 to 82 of this title, because he voluntarily left work, was discharged
for misconduct, or failed to accept an offer of or apply for suitable work unless the
disqualification imposed for such reasons has been terminated in accordance with
specific conditions established under said act, requiring the individual to perform
service for remuneration subsequent to the date of such disqualification.

(9) Repealed.

Legislative History

Source: L. 81: Entire section added, p. 512, � 5, effective July 1. L. 83: (4)(a) amended, p. 430, � 6, effective June 3. L. 84: (4)(b) and (5) amended, p. 330, � 5, effective July 1. L. 94: (9) added, p. 641, � 5, effective April 14. L. 2000: (3)(a) and (5) amended, p. 1838, � 4, effective August 2.