Page:United States Statutes at Large Volume 123.djvu/460

 123STA T .4 4 0PUBLIC LA W 111 –5—FE B.1 7, 200 9‘ ‘ SpecialTr a nsf ers in F iscal Y ears 20 0 9, 20 1 0, an d 2011 f o r M oderni z a t ion ‘‘ ( f ) (1)( A ) I n addition to an y ot h era m o u nts, the Secretary of L a b or shall pro v ide for the ma k in g of unemployment compensation modernization incentive payments (hereinafter ‘incentive pay - ments ’ ) to the accounts of the States in the U nemployment Trust Fund, by transfer from amounts reserved for that purpose in the Federal unemployment account, in accordance w ith succeeding provisions of this subsection . ‘‘( B )Thema x imum incentive payment allowable under this subsection with respect to any State shall, as determined by the Secretary of Labor, be e q ual to the amount obtained by multiplying $7 ,000,000,000 by the same ratio as would apply under subsection (a)(2)(B) for purposes of determining such State’s share of any excess amount (as described in subsection (a)(1)) that would have been sub j ect to transfer to State accounts, as of O ctober 1, 200 8, under the provisions of subsection (a). ‘‘( C ) Of the maximum incentive payment determined under subparagraph (B) with respect to a State — ‘‘(i) one-third shall be transferred to the account of such State upon a certification under paragraph ( 4 )(B) that the State law of such State meets the requirements of paragraph (2) and ‘‘(ii) the remainder shall be transferred to the account of such State upon a certification under paragraph (4)(B) that the State law of such State meets the requirements of para- graph ( 3 ). ‘‘(2) The State law of a State meets the requirements of this paragraph if such State law— ‘‘(A) uses a base period that includes the most recently completed calendar quarter before the start of the benefit year for purposes of determining eligibility for unemployment com- pensation; or ‘‘(B) provides that, in the case of an individual who would not otherwise be eligible for unemployment compensation under the State law because of the use of a base period that does not include the most recently completed calendar quarter before the start of the benefit year, eligibility shall be determined using a base period that includes such calendar quarter. ‘‘(3) The State law of a State meets the requirements of this paragraph if such State law includes provisions to carry out at least 2 of the following subparagraphs ‘‘(A) An individual shall not be denied regular unemploy- ment compensation under any State law provisions relating to availability for work, active search for work, or refusal to accept work, solely because such individual is seeking only part-time work (as defined by the Secretary of Labor), except that the State law provisions carrying out this subparagraph may exclude an individual if a majority of the weeks of work in such individual’s base period do not include part-time work (as so defined). ‘‘(B) An individual shall not be disqualified from regular unemployment compensation for separating from employment if that separation is for any compelling family reason. For purposes of this subparagraph, the term ‘compelling family reason’ means the following: