Page:United States Statutes at Large Volume 96 Part 1.djvu/452

 96 STAT. 410

29 USC 1002.

PUBLIC LAW 97-248—SEPT. 3, 1982 ment compensation which would be payable to the individual if the individual were totally unemployed; (3) eligible employees may be eligible for short-time compensation or regular unemployment compensation, as needed; except that no employee shall be eligible for more than the maximum entitlement during any benefit year to which he or she would have been entitled for total unemployment, and no employee shall be eligible for short-time compensation for more than twenty-six weeks in any twelve-month period; and (4) eligible employees will not be expected to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but shall be available for their normal workweek. (d) For purposes of subsection (c), the term "qualified employer plan" means a plan of an employer or of an employers' association which association is party to a collective bargaining agreement (hereinafter referred to as "employers' association") under which there is a reduction in the number of hours worked by employees rather than temporary layoffs if— (1) the employer's or employers' association's short-time compensation plan is approved by the State agency; (2) the employer or employers' association certifies to the State agency that the aggregate reduction in work hours pursuant to such plan is in lieu of temporary layoffs which would have affected at least 10 per centum of the employees in the unit or units to which the plan would apply and which would have resulted in an equivalent reduction of work hours; (3) during the previous four months the work force in the affected unit or units has not been reduced by temporary layoffs of more than 10 per centum; (4) the employer continues to provide health benefits, and retirement benefits under defined benefit pension plans (as defined in section 3(35) of the Employee Retirement Income Security Act of 1974, to employees whose workweek is reduced under such plan as though their workweek had not been reduced; and (5) in the case of employees represented by an exclusive bargaining representative, that representative has consented to the plan. The State agency shall review at least annually any qualified employer plan put into effect to assure that it continues to meet the requirements of this subsection and of any applicable State law. (e) Short-time compensation shall be charged in a manner consistent with the State law. (f) For purposes of this section, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. (g)(1) The Secretary shall conduct a study or studies of State shorttime compensation programs consulting with employee and employer representatives in developing criteria and guidelines to measure the following factors: (A) the impact of the program upon the unemployment trust fund, and a comparison with the estimated impact on the fund of layoffs which would have occurred but for the existence of the program;

�