§ 26 §1195 — Extended benefits

1.
Definitions.
Notwithstanding any other provisions of this chapter, the following words, as used in this section, shall have the following meanings, unless the context clearly requires otherwise.
1-A.
Alternate trigger.
In addition to the conditions provided in subsection 1, paragraphs H and I with respect to weeks of unemployment beginning on or after January 1, 2022, the determination of whether there has been a state "on" indicator or a state "off" indicator beginning or ending any extended benefit period must be made under this subsection if:
2.
Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits.
Except when the result would be inconsistent with the other provisions of this subchapter, as provided in the rules of the commissioner, the provisions of this chapter that apply to claims for, or the payment of, regular benefits apply to claims for, and the payment of, extended benefits.
3.
Eligibility requirements for extended benefits.
An individual is eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the deputy finds that with respect to that week:
3-A.
(TEXT EFFECTIVE ON CONTINGENCY: Not effective if inconsistent with Federal-State Extended Compensation Act of 1970, as amended) Failure to accept or seek work as grounds for ineligibility.
Notwithstanding subsection 3, an individual is ineligible for payment of extended benefits for any week of unemployment in that individual's eligibility period if the deputy finds that during such period:
3-B.
Additional ineligibility.
An individual who has been found ineligible for extended benefits for reason of the provisions in subsection 3‑A must also be denied benefits beginning with the first day of the week following the week in which that failure occurred and until the individual has been employed in each of 4 subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than 4 times the extended weekly benefit amount.
3-C.
Definition.
For purposes of this section, the term "suitable work" means, with respect to any individual, any work which is within the individual's capabilities, subject to the following:
3-D.
Work to be in accord with labor standard provisions.
Notwithstanding the provisions of subsection 3 to the contrary, no work may be deemed to be suitable work, for an individual, which does not accord with the labor standard provisions required by the United States Internal Revenue Code of 1954, Section 3304(a)(5) and set forth under section 1193, subsection 3, paragraph B.
3-E.
Actively engaged in seeking work.
For the purposes of subsection 3‑A, paragraph B, an individual shall be treated as actively engaged in seeking work during any week if:
3-F.
Referred to suitable work.
The employment service shall refer any claimant entitled to extended benefits under subsections 3‑A to 3‑E to any suitable work which meets the criteria prescribed in subsection 3‑C.
4.
Weekly extended benefit amount.
The weekly extended benefit amount payable to an individual for a week of total unemployment in the eligibility period is an amount equal to the weekly benefit amount payable to the individual during the applicable benefit year.
5.
Total extended benefit amount.
The total extended benefit amount payable to an eligible individual with respect to the individual's applicable benefit year is the lesser of the following amounts:
5-A.
Total extended benefit amount in high unemployment period.
With respect to weeks of unemployment beginning on or after January 1, 2022, effective with respect to weeks beginning in a high unemployment period, subsection 5 must be applied by substituting:
6.
Experience rating charges.
The state portion of extended benefits paid under this subchapter shall be charged to the General Fund.
7.
Beginning and termination of extended benefit period.
Whenever an extended benefit period is to become effective in this State, or an extended benefit period is to be terminated in this State the commissioner shall make an appropriate public announcement.
7-A.
Cessation of interstate extended benefits.
Payment of extended benefits shall not be made to any individual for any week beginning after June 1, 1981, if extended benefits are payable for that week pursuant to an interstate claim filed in any state under the interstate benefit payment plan, and no extended benefit period is in effect for that week in that state. This subsection shall not apply with respect to the first 2 weeks for which extended benefits are payable, determined without regard to this subsection, 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.
8.
Administration.
In the administration of the provisions of this section which are enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the commissioner shall take such action as may be necessary to ensure that the provisions are so interpreted and applied as to meet the requirements of such Federal Act as interpreted by the United States Department of Labor, and to secure to this State the full reimbursement of the federal share of extended and regular benefits paid under this chapter that are reimbursable under the Federal Act.
9.
Notwithstanding any other provisions of this chapter, no employer's experience rating account shall be charged, and no employer shall be liable for payments in lieu of contributions, with respect to extended benefit payments which are wholly reimbursed to the State by the Federal Government.

Legislative History

PL 1971, c. 119 (NEW). PL 1973, c. 753, §§1-3 (AMD). PL 1975, c. 299, §§1-4 (AMD). PL 1977, c. 247 (AMD). PL 1977, c. 570, §§23-25 (AMD). PL 1977, c. 675, §§18-22 (AMD). PL 1979, c. 127, §163 (AMD). PL 1979, c. 515, §17 (AMD). PL 1979, c. 541, §A183 (AMD). PL 1979, c. 579, §45 (AMD). PL 1979, c. 651, §§46,47 (AMD). PL 1981, c. 104 (AMD). PL 1981, c. 228 (AMD). PL 1981, c. 548, §§3-11 (AMD). PL 1981, c. 698, §118 (AMD). PL 1983, c. 305, §7 (AMD). PL 1983, c. 491 (AMD). PL 1993, c. 22, §3 (AMD). PL 2021, c. 456, §§27-29 (AMD). RR 2023, c. 2, Pt. E, §§95-105 (COR). PL 2025, c. 235, §15 (AMD).