Page:United States Statutes at Large Volume 91.djvu/75

 PUBLIC LAW 9 5 - 1 9 — A P R. 12, 1977 dividual's average weekly benefit amount (as determined for purposes of section 202(b)(1)(C) of the Federal-State Extended Unemployment Compensation Act of 1970) for his benefit year. " (3) Emergency compensation shall not be denied under paragraph (1) to any individual for any week by reason of a failure to accept an offer of, or apply for, suitable work— " (A) if the gross average weekly remuneration payable to such individual for the position does not exceed the sum of— " (i) the individual's average weekly benefit amount (as determined for purposes of section 202(b)(1)(C) of the Federal-State Extended Unemployment Compensation Act of 1970) for his benefit year, plus " ( i i) the amount (if any) of supplemental unemployment compensation benefits (as defined in section 501(c) (17) (D) of the Internal Revenue Code of 1954) payable to such individual for such week; " (B) if the position was not offered to such individual in writing and was not listed with the State employment service; " (C) if such failure would not result in a denial of compensation under the provisions of the applicable State law to the extent that such provisions are not inconsistent with the provisions of paragraph (4); or " (D) if the position pays wages less than the higher of— " (i) the minimum wage provided by section 6(a)(1) of the F a i r Labor Standard s Act of 1938, without regard to any exemption; or " ( i i) any applicable State or local minimum wage. . " (4) For purposes of this subsection— " (A) The term 'suitable work' means, with respect to any individual, any work which is within such individual's capabilities; except that, if the individual furnishes evidence satisfactory to the State agency that such individual's prospects for obtaining work in his customary occupation within a reasonably short period are good, the determination of whether any work is suitable work with respect to such individual shall be made in accordance with the applicable State law. " (B) A n individual shall be treated as actively engaged in seeking work during any week if— f " (i) the individual has engaged in a systematic and sustained effort to obtain work during such week, and " ( i i) the individual provides tangible evidence to the State week. " (5) Any agreement under subsection (a) shall provide that, in the administration of this Act, States shall make provision for referring applicants for benefits under this Act to any suitable work to which subparagraphs (A), (B), (C), and (D) of paragraph (3) would not apply." (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to weeks of unemployment beginning after the date of the enactment of this Act. SEC. 105. RECOVERY OF OVERPAYMENTS. (a) GENERAL RULE.—Section 105 of the Emergency Unemployment Compensation Act of 1974 is amended by inserting " (a) " after "Sec. 105." and by a d d i n g a t the end thereof the following new subsection: " (b)(1) If an individual knowingly has made, or caused to be m a d e by another, a false statement or representation of a material fact, or
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26 USC 3304 °ot«-

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26 USC 501.

29 USC 206.

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