Page:United States Statutes at Large Volume 94 Part 2.djvu/1381

 PUBLIC LAW 96-499—DEC. 5, 1980

94 STAT. 2659

extended compensation for any week which begins during a period which— "(i) begins with the week following the week in which such failure occurs, and "(ii) does not end until such individual has been employed during at least 4 weeks which begin after such failure and the total of the remuneration earned by the individual for being so employed is not less than the product of 4 multiplied by the individual's average weekly benefit amount (as determined for purposes of subsection (b)(1)(c)) for his benefit year. "(C) For purposes of this paragraph, 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. "(D) Extended compensation shall not be denied under clause (i) of subparagraph (A) to any individual for any week by reason of a failure to accept an offer of, or apply for, suitable work— "(i) 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 subsection (b)(1)(C)) for his benefit year, plus "(II) 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; "(ii) if the position was not offered to such individual in writing and was not listed with the State employment service; "(iii) 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 subparagraphs (C) and (E); or "(iv) if the position pays wages less than the higher of— "(I) the minimum wage provided by section 6(a)(l) of the Fair Labor Standards Act of 1938, without regard to any exemption; or "(II) any applicable State or local minimum wage. "(E) For purposes of this paragraph, an individual shall be treated as actively engaged in seeking work during any week if— "(i) the individual has engaged in a systematic and sustained effort to obtain work during such week, and "(ii) the individual provides tangible evidence to the State agency that he has engaged in such an effort during such week. "(F) For purposes of section 3304(a)(ll) of the Internal Revenue Code of 1954, a State law shall provide for referring applicants for benefits under this Act to any suitable work to which clauses (i), (ii), (iii), and (iv) of subparagraph (D) would not apply. "(4) No provision of State law which terminates a disqualification for voluntarily leaving employment, being discharged for misconduct, or refusing suitable employment shall apply for purposes of determining eligiblity for extended compensation unless such termination is based upon employment subsequent to the date of such disqualification.

"Suitable work."

26 USC 501.

29 USC 206.

26 USC 3304.

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