2006 Code of Virginia § 60.2-610 - Extended benefits defined

60.2-610. Extended benefits defined.

A. As used in this article, unless the context clearly requires otherwise,"extended benefit period" means a period which:

1. Begins with the third week following a week for which there is a state"on" indicator; and

2. 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 such period; however, no extendedbenefit period may begin by reason of a state "on" indicator before thefourteenth week following the end of a prior extended benefit period whichwas in effect with respect to this Commonwealth.

B. "Rate of insured unemployment," for purposes of subsections H and I ofthis section, means the percentage derived by dividing:

1. The average weekly number of individuals filing claims for regularcompensation in this Commonwealth for weeks of unemployment with respect tothe most recent, thirteen consecutive week period, as determined by theCommission on the basis of its reports to the United States Secretary ofLabor, by

2. The average monthly employment covered under this act for the first fourof the most recent six completed calendar quarters ending before the end ofsuch thirteen-week period.

C. "Regular benefits" means benefits, other than extended benefits, payableto an individual under this title or under any other state law, includingbenefits payable to federal civilian employees and to ex-servicemen pursuantto Chapter 85 (5 U.S.C. 8501 et seq.) of Title 5 of the United States Code.

D. "Extended benefits" means benefits, including benefits payable tofederal civilian employees and to ex-servicemen pursuant to Chapter 85 (5U.S.C. 8501 et seq.) of Title 5 of the United States Code, payable to anindividual under the provisions of 60.2-611 for weeks of unemployment inhis eligibility period.

E. "Eligibility period" of an individual means the period consisting of theweeks in his benefit year which begin in an extended benefit period and, ifhis benefit year ends within such extended benefit period, any weeksthereafter which begin in such period.

F. 1. "Exhaustee" means an individual who, with respect to any week ofunemployment in his eligibility period:

a. Has received, prior to such week, all of the regular benefits that wereavailable to him under this title or any other state law, includingdependents' allowances and benefits payable to federal civilian employees andex-servicemen under Chapter 85 (5 U.S.C. 8501 et seq.) of Title 5 of theUnited States Code, in his current benefit year that includes such week;

b. His benefit year having expired prior to such week, has no, orinsufficient, wages or employment on the basis of which he could establish anew benefit year that would include such week; and

c. (i) Has no right to unemployment benefits or allowances, under theRailroad Unemployment Insurance Act (45 U.S.C. 351 et seq.), the AutomotiveProducts Trade Act of 1965 (19 U.S.C. 2001 et seq.) and such other federallaws as are specified in regulations issued by the United States Secretary ofLabor, and (ii) has not received and is not seeking unemployment benefitsunder the unemployment compensation law of Canada. However, if he is seekingsuch benefits and the appropriate agency finally determines that he is notentitled to benefits under such law he is considered an exhaustee.

2. For the purposes of subdivision 1 a of this subsection, an individualshall be deemed to have received all of the regular benefits that wereavailable to him although (i) as a result of a pending appeal with respect towages or employment that were not considered in the original monetarydetermination in his benefit year, he may subsequently be determined to beentitled to added regular benefits, or (ii) he may be entitled to regularbenefits with respect to future weeks of unemployment.

G. "State law" means the unemployment insurance law of any state, approvedby the United States Secretary of Labor under 26 U.S.C. 3304.

H. There is a "state "on' indicator" for this Commonwealth for a week ifthe Commission determines, in accordance with the regulations of the UnitedStates Secretary of Labor, that for the period consisting of such week andthe immediately preceding twelve weeks, the rate of insured unemployment, notseasonally adjusted, under this title:

1. Equaled or exceeded 120 percent of the average of such rates for thecorresponding thirteen-week period ending in each of the preceding twocalendar years, and

2. a. Equaled or exceeded five percent, provided that the determination ofwhether there has been a state trigger "on" indicator shall be made as ifthis subsection did not contain subdivision 1, if the rate of insuredunemployment as defined in this subsection equaled or exceeded six percent,and

b. Except that 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 bea week for which there is a state "off" indicator.

I. There is a "state "off' indicator" for this Commonwealth for a week ifthe Commission determines, in accordance with the regulations of the UnitedStates Secretary of Labor, that for the period consisting of such week andthe immediately preceding twelve weeks the requirements of subsection H ofthis section have not been satisfied.

(1982, c. 237, 60.1-51.2; 1986, c. 480.)