Sec. 8. Requirement that individuals receiving emergency unemployment compensation be actively engaged in a systematic and sustained effort to obtain suitable work
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Subsection
(h)of section 4001 of the Supplemental Appropriations Act, 2008 ( Public Law 110–252 ; 26 U.S.C. 3304 note) is amended to read as follows: For purposes of subsection (b)(4), payment of emergency unemployment compensation shall not be made to any individual for any week of unemployment— during which the individual fails to accept any offer of suitable work (as defined in paragraph (3)) or fails to apply for any suitable work to which the individual was referred by the State agency; or during which the individual fails to actively engage in seeking work, unless such individual is not actively engaged in seeking work because such individual is, as determined in accordance with State law— before any court of the United States or any State pursuant to a lawfully issued summons to appear for jury duty (as such term may be defined by the Secretary); or hospitalized for treatment of an emergency or a life-threatening condition (as such term may be defined by the Secretary), if such exemptions in clauses
(i)and
(ii)apply to recipients of regular benefits, and the State chooses to apply such exemptions for recipients of emergency unemployment benefits. If any individual is ineligible for emergency unemployment compensation for any week by reason of a failure described in subparagraph
(A)or
(B)of paragraph (1), the individual shall be ineligible to receive emergency unemployment compensation for any week which begins during a period which— begins with the week following the week in which such failure occurs; and does not end until such individual has been employed during at least 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 4 multiplied by the individual's average weekly benefit amount for the individual's benefit year. For purposes of this subsection, 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 State agency 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 the applicable State law. Extended compensation shall not be denied under subparagraph
(A)of paragraph
(1)to any individual for any week by reason of a failure to accept an offer of, or apply for, suitable work— if the gross average weekly remuneration payable to such individual for the position does not exceed the sum of— the individual's average weekly benefit amount for his benefit year, plus the amount (if any) of supplemental unemployment compensation benefits (as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1986) payable to such individual for such week; if the position was not offered to such individual in writing and was not listed with the State employment service; if such failure would not result in a denial of compensation under the provisions of the applicable State law to the extent that such provisions are not inconsistent with the provisions of paragraphs
(3)and (5); or if the position pays wages less than the higher of— the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or any applicable State or local minimum wage. For purposes of this subsection, an individual shall be treated as actively engaged in seeking work during any week if— the individual has engaged in a systematic and sustained effort to obtain work during such week, and the individual provides tangible evidence to the State agency that he has engaged in such an effort during such week. The State agency shall provide for referring applicants for emergency unemployment benefits to any suitable work to which paragraph
(4)would not apply. . The amendments made by this section shall take effect on the date of the enactment of this Act.
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- Pub. L. 110-252
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Sec. 8
Requirement that individuals receiving emergency unemployment compensation be actively engaged in a systematic and sustained effort to obtain suitable work
Pub. L.Pub. L. 110-252
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