Page:United States Statutes at Large Volume 105 Part 2.djvu/103

 PUBLIC LAW 102-164—NOV. 15, 1991 105 STAT. 1055 ment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individuals received the payment of the emergency unemployment compensation to which they were not entitled, except that no single deduction may exceed 50 percent of the weekly benefit amount from which such deduction is made. (2) OPPORTUNITY FOR HEARING.—No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final, (d) REVIEW.— Any determination by a State agency under this section shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. SEC. 106. DEFINITIONS. (a) IN GENERAL.— For purposes of this Act: (1) IN GENERAL.— The terms "compensation", "regular compensation", "extended compensation", "additional compensation", "benefit year", "base period", "State", "State agency", "State law", and "week" have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970. (2) PERIOD OF ELIGIBILITY. — An individual's period of eligibility consists of any week which begins on or after November 17, 1991, and which (except as provided in section 102(f)(2)) begins before July 4, 1992; except that an individual shall not have any • period of eligibility unless his benefit year ends on or after November 16, 1991. (3) ADJUSTED RATE OF INSURED UNEMPLOYMENT. — The adjusted rate of insured unemployment for any period shall be determined in the same manner as the rate of insured unemploy- ment is determined under section 203 of the Federal-State Extended Unemployment Compensation Act of 1970; except that individuals exhausting their rights to regular compensation during the most recent 3 calendar months for which data are available before the close of the period for which such rate is being determined shall be taken into account as if they were individuals filing claims for regular compensation for each week during the period for which such rate is being determined. (4) EXHAUSTION RATE.— The exhaustion rate for any month is the percentage obtained by dividing— (A) the monthly average number of individuals exhausting their rights to regular compensation under the State law during the 12-month period ending with such month, by (B) the monthly average number of individuals receiving first payments of regular compensation under the State law during the 12-month period ending with the 6th month of the 12-month period referred to in subparagraph (A). (5) RATE OF TOTAL UNEMPLOYMENT. — The term "rate of total unemployment" means, with respect to any period, the average unadjusted total rate of unemployment (as determined by the Secretary) for a State for such period.

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