Page:United States Statutes at Large Volume 85.djvu/842

 812 Regular com* pensation rights, exhaustion<

Extended compensation rights, exhaustion.

84 Stat. 708, 26 USC 3304 note. Emergency benefit period.

P u b l i c a t i o n in Federal Register.

State " e m e r gency o h " i n d i c a tor.

State ••emergency off" indicator.

" R a t e of unemployment."

" 1 3 - w e e k exhaustion r a t e. "

PUBLIC LAW 92-224-DEC. 29, 1971

[85 STAT.

(c)(1) For purposes of subsection (b)(1)(A), an individual shall be deemed to have exhausted his rights to regular compensation under a State law when— (A) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on employment or wages during his base period; or (B) his rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. (2) For purposes of subsection (b)(1)(B), an individual shall be deemed to have exhausted his rights to extended compensation under a State law when no payments of extended compensation under a State law can be made under such laAV because such individual has received all the extended compensation available to him from his extended compensation account (as established under State law in accordance with section 202(b)(1) of the Federal-State Extended Unemployment Compensation Act of 1970). (3)(A)(i) For purposes of subsection (b)(2)(A), in the case of any State, an emergency benefit period— (I) shall begin with the third week after a week for which there is a State "emergency on" indicator; and ( II) shall end with the third week after the first week for which there is a State "emergency off" indicator. (ii) In the case of any State, no emergency benefit period shall last for a period of less than 26 consecutive weeks. (iii) When a determination has been made that an emergency benefit period is beginning or ending with respect to any State, the Secretary shall cause notice of such determination to be published in the Federal Register. (B)(i) For purposes of subparagraph (A), there is a State "emergency on" indicator for a week if— (I) the rate of unemployment (as determined under subparagraph (C)) in the State for the period consisting of such week and the immediately preceding 12 weeks equaled or exceeded 6.5 per centum; and ( II) there (a) is a State or National "on" indicator for such week (as determined under subsections (d) and (e) of section 203 of the Federal-State Extended I^nemployment Compensation Act of 1970), or (b) there is neither a State nor National "on" indicator for such week (as so determined), but (1) within the 52-week period ending with such week there has been a State or National "on"' indicator for a week (as so determined), and (2) there would be a State "on" indicator for such week except for the provisions of section 208(e)(1)(A) of the Federal-State Extended Unemployment Compensation Act of 1970. (ii) For purposes of subparagraph (A), there is a State "emergency off" indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of unemployment (as determined under subparagraph (C)) is less tlian 6.5 per centum. (C)(i) For purposes of subparagraph (B), the ter-m "rate of unemI)loyment" means— (I) the rate of insured unemployment (as determined under section 203(f) of the Federal-State Extended ITnemployment Compensation Act of 1970), plus ( II) the 13-week exhaustion rate (as determined under clause (ii) The "13-week exhaustion rate" is the percentage arrived at by dividing—

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