Page:United States Statutes at Large Volume 85.djvu/800

 770

PUBLIC LAW 92-211-DEC. 22, 1971

[85 STAT.

benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begins in such period. " (J) 'Exhaustee' means an individual who, with respect to any week of unemployment in his eligibility period: " (i) has received, prior to such week, all of the regular benehts that were available to him under this Act or any State law (including dependents' allowances and benefits payable to Federal civilian employees and ex-servicemen 5 USC 8501. under chapter 85 of title 5, United States Code) in his current benefit year that includes such week: Provided, That, for the purposes of this subparagraph, an individual shall be deemed to have received all of the regular benefits that were available to him although as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or "(ii) his benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; and "(iii)(I) has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment 45 us^c 367^^** Insurance Act, the Trade Expansion Act of 1962, the Auto76 Stat. 872'. motivc Products Trade Act of 1965, and such other Federal 19 USC 1801 laws as are specified in regulations issued by the Secretary of note 79'Stat.ioi6. Labor; and ( II) has not received and is not seeking unem19 USC 2001 ployment benefits under the unemployment compensation law note of the Virgin Islands or of Canada; but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee. " (K) 'State law' means the unemployment insurance law of any State, approved by the Secretary of Labor under section 3304 g/g8A^stau^443; of the Internal Revenue Codc of 1954. 26 USC 3304. "(2) Exccpt wlicu the result would be inconsistent with the other provisions of this subsection, as provided in the regulations of the Board, the provisions of this Act which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits, fits^'^eiigibimy.^" "(3) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the Board finds that with respect to such week: " (A) he is an 'exhaustee' as defined in paragraph (1)(J) of this subsection, and " (B) he has satisfied the requirements of this Act for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits. "(4) The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly basic or augmented benefit amount, whichever is appropriate, payable to him during his applicable benefit year. "(5) The total extended benefit amount payable to any eligible individual with respect to his applicable year shall be the least of the following amounts: " (A) 50 percent of the total amount of regular benefits (including dependents' allowances) which were payable to him under this Act in his applicable benefit year; " (B) thirteen times his weekly benefit amount (including dependents' allowances) which was payable to liim under this Act

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