Page:United States Statutes at Large Volume 123.djvu/408

 123STA T . 3 8 8 PUBLIC LA W 111 –5—FE B.1 7, 2 0 0 9‘ ‘ (I I )isemploy e dat least 20h o ur s per w ee k a n d is enrolled in a trainin g program appro v ed under se c- tion 2 36; and ‘‘(iv) is not employed at the f irm from which the worker was separated . ‘‘( 4 ) ELIG I B ILI TYPER I ODF ORP A Y M E N T S . — ‘‘( A ) W OR K ER WH OHASNOTRE C EI V ED TRADE READ JU ST- MENT ALLOWANCE.—In the case of a worker descri b ed in paragraph (3)( B ) who has not received a trade read j ustment allowance under part I of subchapter B pursuant to the certification described in paragraph (3)(A) , the worker may receive benefits described in paragraph (2) for a period nottoe x ceed 2 years beginning on the earlier of— ‘‘(i) the date on which the worker exhausts all rights to unemployment insurance based on the separa- tion of the worker from the adversely affected employ- ment that is the basis of the certification; or ‘‘(ii) the date on which the worker obtains reemployment described in paragraph (3)(B). ‘‘(B) WORKER WHO HAS RECEIVED TRADE READJUSTMENT ALLOWANCE.—In the case of a worker described in para- graph (3)(B) who has received a trade readjustment allow- ance under part I of subchapter B pursuant to the certifi- cation described in paragraph (3)(A), the worker may receive benefits described in paragraph (2) for a period of 1 04 weeks beginning on the date on which the worker obtains reemployment described in paragraph (3)(B), reduced by the total number of weeks for which the worker received such trade readjustment allowance. ‘‘( 5 ) T OTAL AMOUNT OF PAYMENTS.— ‘‘(A) IN GENERAL.—The payments described in para- graph (2)(A) made to a worker may not exceed— ‘‘(i) $ 12,000 per worker during the eligibility period under paragraph (4)(A); or ‘‘(ii) the amount described in subparagraph (B) per worker during the eligibility period under para- graph (4)(B). ‘‘(B) AMOUNT DESCRIBED.—The amount described in this subparagraph is the amount e q ual to the product of— ‘‘(i) $12,000, and ‘‘(ii) the ratio of— ‘‘(I) the total number of weeks in the eligibility period under paragraph (4)(B) with respect to the worker, to ‘‘(II) 104 weeks. ‘‘(6) C ALCULATION OF AMOUNT OF PAYMENTS FOR CERTAIN WORKERS.— ‘‘(A) IN GENERAL.—In the case of a worker described in paragraph (3)(B)(iii)(II), paragraph (2)(A) shall be applied by substituting the percentage described in subparagraph (B) for ‘50 percent ’ . ‘‘(B) P ERCENTAGE DESCRIBED.—The percentage described in this subparagraph is the percentage— ‘‘(i) equal to 1⁄2 of the ratio of— Ap p licab ili ty.Ef f e cti v e d ate.