Page:United States Statutes at Large Volume 92 Part 1.djvu/231

 PUBLIC LAW 95-250—MAR. 27, 1978

92 STAT. 177

vacation replacement benefits, as defined herein, effective the first Monday following the date of enactment, for each week of total or partial layoff if, with respect to said week, said employee— (1) is registered with the United States Employment and Training Service in Humboldt or Del Norte Counties or one of the adjacent counties in the State of California or at such other location as the Secretary may designate; (2) is eligible for unemployment compensation benefits under the California Unemployment Insurance Code: Provided, That Payments to the Secretary is authorized and directed to provide for the pay- ineligible or ment of benefits under this title to an affected employee who is disqualified employees. held ineligible or is disqualified for benefits under said code solely because of one or more of the following reasons: insufficient base period earnings; exhaustion of benefit rights; earnings in excess of the amount which would entitle the employee to a partial benefit for the week; the waiting week requirement; unavailability for work because of jury duty, National Guard duty, retraining authorized, financed or approved by a public agency, or because of a similar reason as determined by the Secretary; refusal of work which is not "suitable work'" as defined in section 201(14); receipt of a worker's compensation or other benefit for partial disability which the employee would be entitled to receive while working; and any other cause of ineligibility with respect to which the Secretary determines that, under the circumstances, it would be unreasonable or otherwise contrary to the purpose of this Act to deny said employee a benefit provided for herein; and (3) the employee's period of protection has not been exhausted or otherwise ended by acceptance of a severance payment. SEC. 206, (a) The period of protection for an affected employee shall Protection start with the beginning of the first week for which said employee is period. eligible to receive a layoff or vacation replacement benefit as provided by this title, and shall continue until the earliest of (i) the date said employee accepts a severance payment provided for below, (ii) a period equal to the length of the employee's creditable service is exhausted, or (iii) said employee's sixty-fifth birthday. Ixv no event shall such period extend beyond September 30, 1984, except as provided by subsection (d) of section 207. Creditable (b) Creditable service shall be computed as follows: (1) a period equal to the length of an employee's seniority (or service, continuous service as defined herein) with said employee's last computation. affected employer as of the date said employee's period of protection begins; plus (2) a period equal to the sum of all prior periods during which the employee had seniority (or continuous service) with the same affected employer and with other industry employers: Provided, That if such seniority was broken (or such continuous service was interrupted) for more than three consecutive years for any • reason other than employment with other affected or industry • employers, periods of service in the Armed Forces or disabilities for which said employee received any workers' compensation benefits, unemployment compensation disability benefits, or disability benefits under the Social Security Act, any periods of seniority (or continuous service) prior to the break in seniority (or interruption in continuous service) shall be disregarded. (c) If necessary, in order to establish an employee's creditable service, the Secretary shall request authorization to examine said employee's social security wage record and shall compute such service from it by a method to be prescribed by regulation.

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