§ 26 §1192-A — Eligibility conditions

The following provisions govern an individual's eligibility to receive benefits under this chapter.
1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Eligibility.
An unemployed individual is eligible to receive benefits with respect to any week only if:
3.
Approved training.
Notwithstanding any provision of this chapter to the contrary, an otherwise eligible individual who is in training, as approved for the individual by the deputy, under rules adopted by the commissioner, may not be denied benefits for any week with respect to subsection 2, paragraphs C and D relating to availability and the work search requirement or section 1193, subsection 3. Enrollment in a degree-granting program may not be the sole cause for denial of approved training status for an otherwise eligible individual. Benefits paid to any eligible individual while in approved training for which except for this subsection the individual could be disqualified under section 1193, subsection 3 may not be charged against the experience rating record of an employer but must be charged to the General Fund.
4.
Service with nonprofit organizations and educational institutions and state and local governments.
Benefits based on service in employment, as defined in section 1043, subsection 11, paragraph A‑1, subparagraphs (1) and (3), are payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other services subject to this chapter, except that:
5.
Claims in another state or contiguous country; individual residence; no denial or reduction of benefits.
Benefits may not be denied or reduced to an individual solely because the individual files a claim in another state or a contiguous country with which the United States has an agreement with respect to unemployment compensation or because the individual resides in another state or contiguous country at the time the individual files a claim for benefits in this State.
6.
No denial of benefits for jury service.
Benefits may not be denied to an individual solely because the individual is selected to serve as a juror. An individual who receives actual earnings for jury service must be paid a partial benefit in an amount equal to the individual's weekly benefit amount less the amount earned for jury service.
7.
Benefit payments to athletes.
Benefits may not be paid to an individual on the basis of any service, substantially all of which consists of participating in sports or athletic events or training or preparing to participate, for any week that commences during the period between 2 successive sports seasons or similar periods, if that individual performed those services in the first of those seasons or similar periods and there is a written reasonable assurance that the individual will perform those services in the 2nd of those seasons or similar periods.
8.
Benefit payments to aliens not lawfully present.
On and after January 1, 1978, benefits are not payable on the basis of services performed by an alien unless the alien is an individual who:
9.
Participation in reemployment services.
An individual who has been referred to reemployment services pursuant to a profiling system established by the commissioner must participate in those services or similar services unless it is determined that the individual has completed those services or there is good cause for the individual's failure to participate.
10.
Reemployment services and eligibility assessment; participation.
In the case that an individual has been referred to reemployment services and eligibility assessment by the Department of Labor, the individual must participate in those services, unless the department determines there is good cause for the individual's failure to participate. Failure to participate in reemployment services and eligibility assessment without good cause results in a denial of benefits until the individual participates.
11.
Temporary layoff; work search.
Notwithstanding any provision of this chapter to the contrary, an otherwise eligible individual who is temporarily laid off by an employer that has given that individual a definite recall date may not be denied benefits for any week that is within 6 weeks of the definite recall date based on the individual's failure to meet the requirements of subsection 1, paragraph B, C or D for the period of up to 6 weeks during that temporary layoff, as long as the individual remains able and available to work for that employer.

Legislative History

PL 2025, c. 235, §11 (NEW). RR 2025, c. 1, Pt. A, §36 (COR).