2006 Code of Virginia § 60.2-611 - Receipt of extended benefits

60.2-611. Receipt of extended benefits.

A. Except when the result would be inconsistent with the other provisions ofthis section, as provided in the regulations of the Commission, theprovisions of this title which apply to claims for, or the payment of,regular benefits shall apply to claims for, and the payment of, extendedbenefits.

B. An individual shall be eligible to receive extended benefits with respectto any week of unemployment in his eligibility period only if the Commissionfinds that for such week:

1. He is an "exhaustee" as defined in subsection F of 60.2-610.

2. He has satisfied the requirements of this title for the receipt of regularbenefits that are applicable to individuals claiming extended benefits,including not being subject to a disqualification for the receipt of benefits.

C. The weekly extended benefit amount payable to an individual for a week oftotal unemployment in his eligibility period shall equal the weekly benefitamount payable to him during his applicable benefit year.

D. The total extended benefit amount payable to any eligible individual forhis applicable benefit year shall be the least of the following amounts:

1. Fifty percent of the total amount of regular benefits which were payableto him under this title in his applicable benefit year;

2. Thirteen times his weekly benefit amount which was payable to him underthis title for a week of total unemployment in the applicable benefit year; or

3. Thirty-nine times his weekly benefit amount which was payable to him underthis title for a week of total unemployment in the applicable benefit year,reduced by the total amount of regular benefits which were paid or deemedpaid to him under this title for the benefit year.

E. 1. Whenever an extended benefit period is to become effective in thisCommonwealth as a result of a state "on" indicator, or an extended benefitperiod is to be terminated in this Commonwealth as a result of state "off"indicators, the Commission shall make an appropriate public announcement.

2. Computations required by the provisions of subsection B of 60.2-610shall be made by the Commission, in accordance with regulations prescribed bythe United States Secretary of Labor.

3. An "on" or "off" indicator for this Commonwealth shall be determinedwithout regard to subdivision 1 of subsection H of 60.2-610 for any periodthat waiver of such provisions is authorized under 203 (d) of theFederal-State Extended Unemployment Compensation Act (26 U.S.C. 3304) andany amendments thereto, or as authorized by any provision of federal law.

F. 1. Notwithstanding the provisions of subsection A of this section, anindividual shall be ineligible for payment of extended benefits for any weekof unemployment in his eligibility period if the Commission finds that duringsuch period:

a. He failed to accept any offer of suitable work or failed to apply for anysuitable work, as defined under subdivision 3 of this subsection, to which hewas referred by the Commission; or

b. He failed to actively engage in seeking work as prescribed undersubdivision 5 of this subsection.

2. Any individual who has been found ineligible for extended benefits byreason of the provisions in subdivision 1 of this subsection shall also bedenied benefits beginning with the first day of the week following the weekin which such failure occurred and until he has been employed in each of foursubsequent weeks, whether or not consecutive, and has earned remunerationequal to not less than four times the extended weekly benefit amount.

3. a. For purposes of this subsection, "suitable work" means, with respectto any individual, any work which is within the individual's capabilities andfor which the gross average weekly remuneration payable for the work exceedsthe sum of:

(1) The individual's average weekly benefit amount as determined undersubsection C of this section, plus

(2) Any amount of supplemental unemployment benefits, as defined in 501 (c)(17) (D) of the Internal Revenue Code, payable to the individual for suchweek.

b. Such gross average weekly remuneration shall pay wages equal to the higherof:

(1) The minimum wages provided by 6 (a) (1) of the Fair Labor Standards Act(29 U.S.C. 201 et seq.), without regard to any exemption; or

(2) The state or local minimum wage.

c. No individual, however, shall be denied extended benefits for failure toaccept an offer or referral to any job which meets the definition of suitablework as described in subdivision 3a of this subsection if:

(1) The position was not offered to such individual in writing or was notlisted with the Job Service;

(2) Such failure could not result in a denial of benefits under thedefinition of suitable work for regular benefit claimants in subdivision 3 of 60.2-618 to the extent that the criteria of suitability in that section arenot inconsistent with the provisions of this subdivision; or

(3) The individual furnishes satisfactory evidence to the Commission that hisprospects for obtaining work in his customary occupation within a reasonablyshort period are good. If the evidence is deemed satisfactory for thispurpose, the determination of whether any work is suitable with respect tosuch individual shall be made in accordance with the definition of suitablework in subdivision 3 of 60.2-618 without regard to the definitionspecified by this subdivision.

4. Notwithstanding the provisions of this subsection, no work shall be deemedto be suitable work for an individual which does not accord with the laborstandard provisions required by 3304 (a) 5 of the Internal Revenue Code andset forth under subdivision 3 of 60.2-618.

5. For the purposes of subdivision 1 b of this subsection, an individualshall be treated as actively engaged in seeking work during any week if:

a. The individual has engaged in a systematic and sustained effort to obtainwork during such week, and

b. The individual furnishes tangible evidence that he has engaged in sucheffort during such week.

6. The Job Service shall refer any claimant entitled to extended benefitsunder this title to any suitable work which meets the criteria prescribed insubdivision 3 of this subsection.

7. Notwithstanding any other provisions of this chapter, if the benefit yearof any individual ends within an extended benefit period, the remainingbalance of extended benefits that such individual would, but for thissection, be entitled to receive in that extended benefit period, for weeks ofunemployment 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 theindividual received any amounts as trade readjustment allowances within thatbenefit year, multiplied by the individual's weekly benefit amount forextended benefits.

8. No claim for extended benefits shall be subject to subdivisions 1, 2, 3 or6 of this subsection for weeks of unemployment beginning after March 6, 1993,and before January 1, 1995. If the Federal-State Extended UnemploymentCompensation Act of 1970 is at any time amended to preclude enforcement ofany provision of this section, such provision shall not apply to any claimfor weeks beginning on the date said amendment becomes effective.

G. 1. Except as provided in subdivision 2 of this subsection, an individualshall not be eligible for extended benefits for any week if:

a. Extended benefits are payable for such week pursuant to an interstateclaim filed in any state under the interstate benefit plan, and

b. No extended benefit period is in effect for such week in such state.

2. Subdivision 1 of this subsection shall not apply to the first two weeksfor which extended benefits are payable, determined without regard to thissubsection, pursuant to an interstate claim filed under the interstatebenefit payment plan to the individual from the extended benefit accountestablished for the individual with respect to the benefit year.

(1982, c. 237, 60.1-51.2; 1986, c. 480; 1993, c. 153.)