2019 Tennessee Code
Title 50 - Employer and Employee
Chapter 7 - Tennessee Employment Security Law
Part 3 - Benefits
§ 50-7-305. Extended benefits program.
(a) As used in this section, unless the context otherwise requires:
(1) “Eligibility period” of a claimant means the period consisting of the weeks in the claimant's benefit year that begin in an extended benefit period and, if the claimant's benefit year ends within the extended benefit period, any weeks thereafter that begin in that period;
(2) “Exhaustee” means a claimant who, with respect to any week of unemployment in the claimant's eligibility period:
(A)
(i) Has received, prior to that week, all of the regular benefits that were available to the claimant under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-servicemembers under 5 U.S.C. chapter 85, in the claimant's current benefit year that includes that week;
(ii) For the purposes of subdivision (a)(2)(A)(i), a claimant shall be deemed to have received all of the regular benefits that were available to the claimant although, as a result of a pending appeal with respect to wages that were not considered in the original monetary determination in the claimant's benefit year, the claimant may subsequently be determined to be entitled to added regular benefits;
(B) The claimant's benefit year having expired prior to that week, has no, or insufficient, wages on the basis of which the claimant could establish a new benefit year that would include that week; and
(C)
(i) Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, compiled in 45 U.S.C. § 351 et seq., the Trade Expansion Act of 1962, compiled in 19 U.S.C § 1801 et seq., the Automotive Products Trade Act of 1965, compiled in 19 U.S.C. § 2001 et seq., and other federal laws that are specified in regulations issued by the United States secretary of labor; and
(ii) Has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if the claimant is seeking the benefits and the appropriate agency finally determines that the claimant is not entitled to benefits under that law, the claimant is considered an exhaustee;
(3)
(A) “Extended benefit period” means a period that:
(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:
(a) The third week after the first week for which there is a state “off” indicator; or
(b) The thirteenth consecutive week of that period;
(B) 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 that was in effect with respect to this state;
(4) “Extended benefits” means benefits, including benefits payable to federal civilian employees and to ex-servicemembers pursuant to 5 U.S.C. chapter 85, payable to a claimant under this section for weeks of unemployment in the claimant's eligibility period;
(5) “Off indicator.” There is a state “off” indicator for a week if, for the period consisting of that week and the immediately preceding twelve (12) weeks, either subdivision (a)(6)(A) or (B) was not satisfied;
(6)
(A) “On indicator.” There is a state “on” indicator for a week if:
(i) The rate of insured unemployment under the state law for the period consisting of that week and the immediately preceding twelve (12) weeks:
(a) Equaled or exceeded one hundred twenty percent (120%) of the average of the rates for the corresponding thirteen-week period ending in each of the preceding calendar years; and
(b) Equaled or exceeded five percent (5%);
(ii) The rate of insured unemployment under the state law for the period consisting of that week and the immediately preceding twelve (12) weeks equaled or exceeded six percent (6%) regardless of the rate of insured unemployment in the previous two (2) years;
(iii) With respect to weeks of unemployment beginning on or after February 1, 2009, and ending on or before December 5, 2009, or until the week ending four (4) weeks prior to the last week of unemployment for which one hundred percent (100%) federal sharing is available under § 2005(a) of the American Recovery and Reinvestment Act of 2009, P.L. 111-5, without regard to the extension of federal sharing for certain claims as provided under § 2005(c) of the American Recovery and Reinvestment Act of 2009:
(a) The average rate of total unemployment (seasonally adjusted), as determined by the United States secretary of labor, for the period consisting of the most recent three (3) months for which data for all states are published before the close of such week equals or exceeds six and one half percent (6.5%); and
(b) The average rate of total unemployment in the state (seasonally adjusted), as determined by the United States secretary of labor, for the three-month period referred to in subdivision (a)(6)(A)(i), exceeds one hundred and ten percent (110%) of such average for either or both of the corresponding 3-month periods ending in the two (2) preceding calendar years; or
(iv) Notwithstanding subdivision (a)(6)(D), effective with respect to compensation for weeks of unemployment in which there is one hundred percent (100%) federal sharing authorized by federal law for weeks of unemployment beginning after December 17, 2010, and ending on or before December 31, 2011, or until the week ending four (4) weeks prior to the last week of unemployment for weeks of unemployment established in federal law permitting this subdivision (a)(6)(A)(iv):
(a) The average rate of total unemployment (seasonally adjusted), as determined by the United States secretary of labor, for the period consisting of the most recent three (3) months for which data for all states are published before the close of such week equals or exceeds six and one half percent (6.5%); and
(b) The average rate of total unemployment in the state (seasonally adjusted), as determined by the United States secretary of labor, for the three-month period referred to in subdivision (a)(6)(A)(i), equals or exceeds one hundred and ten percent (110%) of such average for any or all of the corresponding three-month periods ending in the three (3) preceding calendar years.
(B) There is a state “off” indicator for a week only if, for the period consisting of such week and the immediately preceding twelve (12) weeks, none of the options specified in subdivision (a)(6)(A) result in an “on” indicator.
(C) Notwithstanding any provision of this section, any week for which there would otherwise be a state “on” indicator shall continue to be such a week and shall not be determined to be a week for which there is a state “off” indicator.
(D) No benefits shall be payable under this section based upon the average rate of total unemployment unless the American Recovery and Reinvestment Act of 2009 provides full federal funding of extended unemployment compensation and until such time as the commissioner of labor and workforce development certifies to the department of finance and administration that the mechanism and resources necessary for the prompt and efficient payment of such benefits are in place, except that in no event shall such certification fail to meet the deadline imposed by the American Recovery and Reinvestment Act of 2009 for the payment of such benefits in order to receive federal funding under the American Recovery and Reinvestment Act of 2009.
(7) “Rate of insured unemployment,” for purposes of subdivisions (a)(6) and (7), means the percentage derived:
(A) By dividing the average weekly number of claimants filing claims for regular state compensation in this state for weeks of unemployment with respect to the most recent thirteen (13) consecutive-week period, as determined by the administrator on the basis of the administrator's reports to the United States secretary of labor;
(B) By 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 the thirteen-week period;
(8)
(A) “Regular benefits” means benefits payable to a claimant under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-servicemembers pursuant to 5 U.S.C. chapter 85, other than extended benefits. “Regular benefits” does not include additional benefits; and
(B) “Additional benefits” means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under any state law; and
(9) “State law” means the unemployment insurance law of any state, approved by the United States secretary of labor under the Internal Revenue Code of 1954, § 3304, codified in 26 U.S.C. § 3304.
(b) Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the administrator, the provisions of this chapter that apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.
(c) A claimant shall be eligible to receive extended benefits with respect to any week of unemployment in the claimant's eligibility period only if the commissioner finds that with respect to that week:
(1) The claimant is an exhaustee;
(2) The claimant has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to claimants claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; and
(3) For weeks of unemployment beginning after September 25, 1982, the claimant has been paid wages by an employer who was subject to this chapter during the base period of the claimant's current benefit year in an amount that equals or exceeds forty (40) times the claimant's weekly benefit amount for total unemployment.
(d)
(1) Notwithstanding any other provisions of this section, a claimant shall be ineligible for payment of extended benefits for any week of unemployment in the claimant's eligibility period if the administrator finds that during the period:
(A) The claimant failed to accept any offer of suitable work or failed to apply for any suitable work to which the claimant was referred by the commissioner; or
(B) The claimant failed to actively engage in seeking work as prescribed under subdivision (d)(6).
(2) Any claimant who has been found ineligible for extended benefits by reason of subdivision (d)(1) shall also be denied benefits beginning with the first day of the week following the week in which the failure occurred and until the claimant has been employed in employment covered by an unemployment compensation law of this state, another state, or the United States, in each of four (4) subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four (4) times the extended weekly benefit amount.
(3) For purposes of this subsection (d), “suitable work” means, with respect to any claimant, any work that is within the claimant's capabilities; provided, that the gross average weekly remuneration payable for the work:
(A) Must exceed the sum of:
(i) The claimant's extended weekly benefit amount as determined under subsection (f);
(ii) Plus the amount, if any, of supplemental unemployment benefits as defined in § 501(c)(17)(D) of the Internal Revenue Code of 1954, codified in 26 U.S.C. § 501(c)(17)(D), payable to the claimant for the week; and
(B) Pay wages not less than the higher of:
(i) The minimum wage provided by § 6(a)(1) of the Fair Labor Standards Act of 1938, compiled in 29 U.S.C. § 206(a)(1), without regard to any exemption; or
(ii) The applicable state or local minimum wage.
(4)
(A) No claimant shall be denied extended benefits for failure to accept an offer of or apply for any job that meets the definition of “suitable work” as described in this subsection (d), if:
(i) The position was not offered to the claimant in writing or was not listed with the employment service;
(ii) The failure could not result in a denial of benefits under the definition of “suitable work” for regular benefit claimants in § 50-7-303(a)(3) to the extent that the criteria of suitability in that section are not inconsistent with subdivision (d)(3); or
(iii) The claimant furnishes satisfactory evidence to the administrator that the claimant's prospects for obtaining work in the claimant's customary occupation within a reasonably short period are good.
(B) If the evidence requested by subdivision (d)(4)(A)(iii) is deemed satisfactory for purposes of this subsection (d), the determination of whether any work is suitable with respect to the claimant shall be made in accordance with the definition of “suitable work” for regular benefit claimants in § 50-7-303(a)(3) without regard to the definition specified by subdivision (d)(3).
(5) Notwithstanding subsection (b) to the contrary, no work shall be deemed to be suitable work for a claimant that does not accord with the labor standard provisions required by § 3304(a)(5) of the Internal Revenue Code of 1954, codified in 26 U.S.C. § 3304(a)(5), and set forth under § 50-7-303(a)(3)(B).
(6) For the purposes of subdivision (d)(1)(B), a claimant shall be treated as actively engaged in seeking work during any week if:
(A) The claimant has engaged in a systematic and sustained effort to obtain work during that week; and
(B) The claimant furnishes tangible evidence that the claimant has engaged in that effort during that week.
(7) The employment service shall refer any claimant entitled to extended benefits under this section to any suitable work that meets the criteria prescribed in subdivision (d)(3).
(e) The weekly extended benefit amount payable to a claimant for a week of total unemployment in the claimant's eligibility period shall be an amount equal to the weekly benefit amount payable to the claimant during the claimant's applicable benefit year.
(f) Total extended benefit amount.
(1) The total extended benefit amount payable to any eligible individual with respect to the applicable benefit year shall be the least of the following amounts:
(A) Fifty percent (50%) of the total amount of regular benefits (including dependents' allowances) that were payable to an eligible claimant in the eligible claimant's applicable benefit year;
(B) Thirteen (13) times the eligible claimant's weekly benefit amount (including dependents' allowances) that was payable to an eligible claimant for a week of total unemployment in the applicable benefit year; or
(2)
(A) Effective with respect to weeks beginning in a high unemployment period, subdivision (f)(1) shall be applied by substituting:
(i) The amount “eighty percent (80%)” for the amount “fifty percent (50%)” in subdivision (f)(1)(A); and
(ii) The figure “twenty” for the figure “thirteen” in subdivision (f)(1)(B);
(B) For purposes of this subdivision (f)(2), “high unemployment period” means any period during which an extended benefit period would be in effect if subdivision (a)(6)(A)(iii) were applied by substituting the amount “eight percent (8%)” for the amount “six and one-half percent (6.5%)” in subdivision (a)(6)(A)(iii)(a);
(3) Notwithstanding subdivision (a)(1), for purposes of this subsection (f) an individual's eligibility period shall include any eligibility period provided for in § 2005(b) of the American Recovery and Reinvestment Act of 2009, P.L. 111-5;
(4) Total extended benefits payable on an interstate claim filed under the interstate benefit payment plan shall be limited to the first two (2) weeks of the interstate claim, unless both the agent state and the liable state are in an extended benefit period.
(g)
(1) 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 commissioner shall make an appropriate public announcement.
(2) Computations required by subdivision (a)(4) shall be made by the administrator, in accordance with regulations prescribed by the United States secretary of labor.
(h) Notwithstanding any other provisions of this chapter, if the benefit year of any claimant ends within an extended benefit period, the remaining balance of extended benefits that the claimant would, but for 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 (0), by the product of the number of weeks for which the claimant received any amounts as trade readjustment allowances within that benefit year, multiplied by the claimant's weekly benefit amount for extended benefits.
(i) Notwithstanding any other provision of this chapter, the governor may trigger off an extended benefit period in order to provide the payment of federal benefits whenever a program of benefits financed by the federal government becomes available to individuals who have exhausted their regular benefits.
