2005 Idaho Code - 72-1367A — EXTENDED BENEFITS

                                  TITLE  72
                      WORKER'S COMPENSATION AND RELATED
                        LAWS -- INDUSTRIAL COMMISSION
                                  CHAPTER 13
                           EMPLOYMENT SECURITY LAW
    72-1367A.  EXTENDED BENEFITS. The extended benefits program shall be
administered pursuant to the provisions of this section.
    (1)  Definitions. As used in this section, unless the context clearly
requires otherwise:
    (a)  "Extended benefit period" means a period which:
         (i)   Begins with the third week after a week for which there is a
         state "on" indicator; and
         (ii)  Ends with either of the following weeks, whichever occurs
         later:
              1.  The third week after the first week for which there is a
              state "off" indicator; or
              2.  The thirteenth consecutive week of such period;
              provided, that no extended benefit period may begin by reason of
              a state "on" indicator before the fourteenth week following the
              end of a prior extended benefit period which was in effect with
              respect to this state.
    (b)  There is a state "on" indicator for any week if the director
    determines, in accordance with the regulations of the United States
    secretary of labor, that for the period consisting of such week and the
    immediately preceding twelve (12) weeks, the rate of insured unemployment
    (not seasonally adjusted):
         (i)   Equaled or exceeded one hundred twenty percent (120%) of the
         average of such rates for the corresponding thirteen (13) week period
         ending in each of the preceding two (2) calendar years and equaled or
         exceeded five percent (5%); or
         (ii)  Equaled or exceeded six percent (6%).
    (c)  There is a state "off" indicator for any week if the director
    determines, in accordance with the regulations of the United States
    secretary of labor, that for the period consisting of such week and the
    immediately preceding twelve (12) weeks, the rate of insured unemployment
    (not seasonally adjusted):
         (i)   Was less than six percent (6%) and was less than one hundred
         twenty percent (120%) of the average of such rates for the
         corresponding thirteen (13) week period ending in each of the
         preceding two (2) calendar years; or
         (ii)  Was less than five percent (5%).
    (d)  "Rate of insured unemployment," for purposes of paragraphs (b) and
    (c) of this subsection, means the percentage derived by dividing:
         (i)   The average weekly number of individuals filing claims for
         regular compensation in this state for weeks of unemployment for the
         most recent thirteen (13) consecutive week period, as determined by
         the director on the basis of his reports to the United States
         secretary of labor; by
         (ii)  The average monthly employment covered under this chapter for
         the first four (4) of the most recent six (6) completed calendar
         quarters ending before the end of such thirteen (13) week period.
    (e)  "Regular benefits" means benefits payable to an individual under this
    chapter or under any other state law (including benefits payable to
    federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.
    chapter 85) other than extended benefits.
    (f)  "Extended benefits" means benefits (including benefits payable to
    federal civilian employees and to ex-servicemen  pursuant to 5 U.S.C.
    chapter 85) payable to an individual under the provisions of this section
    for weeks of unemployment in his eligibility period.
    (g)  "Eligibility period" of an individual means the period consisting of
    the weeks in his benefit year which begin in an extended benefit period
    and, if his benefit year ends within such extended benefit period, any
    weeks thereafter which begin in such period.
    (h)  "Exhaustee" means an individual who, with respect to any week of
    unemployment in his eligibility period:
         (i)   Has received, prior to such week, all of the regular benefits
         that were available to him under this chapter or any regular or
         extended benefits available to him under any other state law
         (including benefits payable to federal civilian employees and
         ex-servicemen  under 5 U.S.C. chapter 85) in his current benefit year
         that includes such week; provided that for the purposes of this
         subparagraph, an individual shall be deemed to have received all of
         the regular benefits that were available to him although as a result
         of a pending appeal with respect to wages that were not considered in
         the original monetary determination in his benefit year, he may
         subsequently be determined to be entitled to added regular benefits;
         or
         (ii)  His benefit year having expired prior to such week, has no or
         insufficient wages on the basis of which he could establish a new
         benefit year that would include such week; and
         (iii) Has no right to unemployment benefits or allowances under the
         railroad unemployment insurance act and such other federal laws as
         are specified in regulations issued by the United States secretary of
         labor; and has not received and is not seeking unemployment benefits
         under the unemployment insurance law of Canada; but if he is seeking
         such benefits and the appropriate agency determines that he is not
         entitled to benefits under such law he is considered an exhaustee.
    (i)  "State law" means the unemployment insurance law of any state
    approved by the United States secretary of labor under section 3304 of the
    Internal Revenue Code of 1954.
    (j)  For purposes of this section only, 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 department 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
    applicable state law.
    (2)  Effect of state law provisions relating to regular benefits on claims
for, and the payment of, extended benefits. Except when the result would be
inconsistent with the other provisions of this section, the provisions of this
chapter which apply to claims for, or the payment of, regular benefits shall
apply to claims for, and the payment of, extended benefits.
    (3)  Eligibility requirements for extended benefits. An individual shall
be eligible to receive extended benefits with respect to any week of
unemployment in his eligibility period only if the director finds that with
respect to such week:
    (a)  The claimant is an "exhaustee" as defined in subsection (1)(h) of
    this section;
    (b)  The claimant has satisfied the requirements of this chapter for the
    receipt of regular benefits that are applicable to individuals claiming
    extended benefits, including not being subject to a disqualification for
    the receipt of benefits;
    (c)  The claimant has had twenty (20) weeks of full-time employment for
    covered employers during his base period, or earned wages for services
    performed for covered employers during his base period equal to at least
    one and one-half (1 1/2) times his high quarter wages, or has earned wages
    for services performed for covered employers during his base period equal
    to at least forty (40) times his most recent weekly benefit amount.
    (d)  (i)  Notwithstanding the provisions of this section, payment of
         extended benefits under this chapter shall not be made to any
         individual for any week of unemployment in his eligibility period:
              1.  During which he fails to accept any offer of suitable work,
              as defined in subsection (1)(j) of this section, or fails to
              apply for any suitable work to which he was referred; or
              2.  During which he fails to actively engage in seeking work.
         (ii)  If any individual is ineligible for extended benefits for any
         week by reason of a failure described in subsection (3)(d)(i)1. or
         (3)(d)(i)2. of this section, the individual shall be ineligible to
         receive extended benefits for any week which begins during a period
         which:
              1.  Begins with the week following the week in which such
              failure occurs; and
              2.  Does not end until such individual has been employed during
              at least four (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 four (4) multiplied by
              the individual's average weekly benefit amount.
         (iii) Extended benefits shall not be denied under subsection
         (3)(d)(i)1. of this section to any individual for any week by reason
         of a failure to accept an offer of, or apply for, suitable work:
              1.  If the gross average weekly remuneration payable to such
              individual for the position does not exceed the sum of:
                   (A)  The individual's average weekly benefit amount, as
                   determined for purposes of subsection (b)(1)(C) of section
                   202 of the federal-state extended unemployment compensation
                   act of 1970, for his benefit year; plus
                   (B)  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.
              2.  If the position was not offered to such individual in
              writing or was not listed with the department;
              3.  If such failure would not result in a denial of benefits
              under the provisions of this chapter to the extent that such
              provisions are not inconsistent with the provisions of
              subsections (1)(j) and (3)(d)(iv) of this section; or
              4.  If the position pays wages less than the higher of:
                   (A)  The minimum wage provided by section 6(a)(1) of the
                   fair labor standards act of 1938, without regard to any
                   exemption; or
                   (B)  Any applicable state or local minimum wage.
         (iv)  For purposes of this paragraph, an individual shall be treated
         as actively engaged in seeking work during any week if:
              1.  The individual has engaged in a systematic and sustained
              effort to obtain work during such week; and
              2.  The individual provides tangible evidence to the department
              that he has engaged in such an effort during such week.
         (v)   For purposes of this section only, the department shall refer
         applicants for extended benefits to any suitable work to which
         paragraphs 1., 2., 3. and 4. of subsection (3)(d)(iii) of this
         section would not apply.
    (4) (a)  Except as provided in paragraph (b) of this subsection, payment
    of extended benefits shall not be made to any individual for any week if:
         (i)   Extended benefits would, but for this subsection have been
         payable for such week pursuant to an interstate claim filed in any
         state under the interstate benefit payment plan; and
         (ii)  An extended benefit period is not in effect for such week in
         such state.
    (b)  Paragraph (a) of this subsection shall not apply with respect to the
    first two (2) weeks for which extended benefits are payable, determined
    without regard to this subsection, pursuant to an interstate claim filed
    under the interstate benefit payment plan to the individual from the
    extended benefits account established for the benefit year.
    (c)  Section 3304 (a)(9)(A) of the Internal Revenue Code of 1954 shall not
    apply to any denial of benefits required under this subsection.
    (5)  Weekly extended benefit amount. The weekly extended benefit amount
payable to an individual for a week of total unemployment in his eligibility
period shall be an amount equal to the weekly benefit amount payable to him
during his applicable benefit year.
    (6)  Total extended benefit amount. The total extended benefit amount
payable to an eligible individual with respect to his applicable benefit year
shall be the least of the following amounts:
    (a)  Fifty percent (50%) of the total amount of regular benefits which
    were payable to him under this chapter in his applicable benefit year;
    (b)  Thirteen (13) times his weekly benefit amount which was payable to
    him under this chapter for a week of total unemployment in the applicable
    benefit year;
    (c)  Provided that the amount so determined shall be reduced by the total
    amount of extended benefits paid, or being paid, to the individual for
    weeks of extended unemployment in the individual's benefit year which
    began prior to the effective date of the federal-state extended benefit
    period which is current in the week for which the individual first claims
    such benefits.
    (d)  Notwithstanding any other provisions of this chapter, if the benefit
    year of any individual ends within an extended benefit period, the
    remaining balance of extended benefits that such individual would, but for
    the provisions of this section, be entitled to receive in that extended
    benefit period, with respect to weeks of unemployment beginning after the
    end of the benefit year, shall be reduced, but not below zero, by the
    product of the number of weeks for which the individual received any
    amounts as trade readjustment allowances within that benefit year,
    multiplied by the individual's weekly benefit amount for extended
    benefits.
    (7)  (a) Beginning and termination of extended benefit period. Whenever an
    extended benefit period is to become effective in this state as a result
    of a state "on" indicator, or an extended benefit period is to be
    terminated in this state as a result of a state "off" indicator, the
    director shall make a public announcement.
    (b)  Computations required by the provisions of subsection (1)(d) of this
    section shall be made by the director, in accordance with regulations
    prescribed by the United States secretary of labor.
    (8)  Notwithstanding any other provisions of this chapter, none of the
benefits paid pursuant to the provisions of this section shall be charged to
an employer's account for purposes of experience rating.
    (9)  Whenever a program of unemployment benefits becomes available that is
financed entirely by the federal government, and such program will not allow
payments to individuals who are entitled to extended benefits pursuant to this
section, the governor may, by executive order, trigger off an extended benefit
period as defined in subsection (1)(a) of this section in order to provide
payment of such federal benefits to individuals who have exhausted their right
to regular benefits.  When the federal benefits are exhausted, or if the
director determines that payment of extended benefits would be more
economically advantageous to the state of Idaho, the governor shall, by
executive order, trigger extended benefits on if the criteria of subsection
(1)(b) of this section are otherwise met.
    (10) Until conformity with the federal-state extended unemployment
compensation act of 1970 requires otherwise, the eligibility requirements in
subsections (1)(j) and (3)(d) of this section are suspended. Except where
inconsistent with the provisions of this section, the eligibility requirements
of section 72-1366, Idaho Code, applicable to claims for regular benefits
shall apply in lieu of the suspended provisions.