Sec. 231. Temporary additional unemployment compensation program for certain adversely affected workers
1,469 words·~7 min read·
/bill/115/s/987/is/section-231A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any State that desires to do so may enter into and participate in an agreement under this section with the Secretary. Any State that is a party to an agreement under this section may, upon providing 30 days' written notice to the Secretary, terminate such agreement. Any agreement under subsection
(a)shall provide that the State agency of the State will make payments of temporary additional unemployment compensation to applicable individuals who— have exhausted all rights to regular compensation under the State law or under Federal law with respect to a benefit year; have no rights to regular compensation with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; are not receiving compensation with respect to such week under the unemployment compensation law of Canada; and are able to work, available to work, and actively seeking work. For purposes of paragraph (1)(A), an applicable individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when— no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period; or such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. Subject to paragraph (4), for purposes of any agreement under this section— the amount of temporary additional unemployment compensation that shall be payable to any applicable individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to such individual during such individual's benefit year under the State law for a week of total unemployment; subject to subparagraph (B), the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof (including terms and conditions relating to availability for work, active search for work, and refusal to accept work) shall apply to claims for temporary additional unemployment compensation and the payment thereof, except— that an applicable individual shall not be eligible for temporary additional unemployment compensation unless, in the base period with respect to which such individual exhausted all rights to regular compensation under the State law, such individual had 20 weeks of full-time insured employment or the equivalent in insured wages, as determined under the provisions of the State law implementing section 202(a)(5) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note; Public Law 91–373 ); and where otherwise inconsistent with the provisions of this section or with the regulations or operating instructions of the Secretary promulgated to carry out this section; and the maximum amount of temporary additional unemployment compensation payable to any applicable individual is 156 weeks. Under an agreement under this section, temporary additional unemployment compensation shall not be denied under subparagraph
(A)to an applicable individual for any week by reason of a failure to accept an offer of, or apply for, work if the work does not provide for comparable benefits (as defined in section 222(c)). In determining the amount under paragraph (3), a State shall not establish a new benefit year with respect to applicable individuals. Notwithstanding any other provision of Federal law (and if the State law permits), the Governor of a State that is in an extended benefit period may provide for the payment of emergency unemployment compensation prior to temporary additional unemployment compensation to applicable individuals who otherwise meet the requirements of this section. A State shall require as a condition of temporary additional unemployment compensation that each alien who receives such compensation must be legally authorized to work in the United States, as defined for purposes of the Federal Unemployment Tax Act ( 26 U.S.C. 3301 et seq.). In determining whether an alien meets the requirements of this subsection, a State must follow the procedures provided in section 1137(d) of the Social Security Act ( 42 U.S.C. 1320b–7(d) ). There shall be paid to each State which has entered into an agreement under this section an amount equal to 100 percent of— the total amount of additional weeks of temporary additional unemployment compensation paid to applicable individuals by the State pursuant to such agreement; and any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary). Sums payable to any State by reason of such State's having an agreement under this section shall be payable, either in advance or by way of reimbursement (as determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this section for a period, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior period were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. Payments to States under an agreement under this section shall be made from the Trust Fund established under section 251. If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of temporary additional unemployment compensation to which such individual was not entitled, such individual— shall be ineligible for further temporary additional unemployment compensation in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and shall be subject to prosecution under section 1001 of title 18, United States Code. In the case of individuals who have received amounts of temporary additional unemployment compensation to which they were not entitled, the State shall require such individuals to repay the amounts of such temporary additional unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that— the payment of such temporary additional unemployment compensation was without fault on the part of any such individual; and such repayment would be contrary to equity and good conscience. The State agency shall recover the amount to be repaid, or any part thereof, by deductions from any temporary additional unemployment compensation payable to such individual under this section or from any unemployment compensation payable to such individual under any State or Federal unemployment compensation law administered by the State agency or under any other State or Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the 3-year period after the date such individual received the payment of the temporary additional unemployment compensation to which the individual was not entitled, in accordance with the same procedures as apply to the recovery of overpayments of regular unemployment benefits paid by the State. No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. Any determination by a State agency under this subsection shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. An agreement entered into under this section shall apply to weeks of unemployment— beginning after the date on which such agreement is entered into; and ending on or before January 1, 2020. No temporary additional unemployment compensation under this section shall be payable for any week subsequent to the last week described in paragraph (1)(B). In this section: The term applicable individual means, with respect to a week of temporary additional unemployment compensation, an individual who— is a certified adversely affected worker (as defined in section 202) for such week; and has been awarded adjustment assistance for option A under section 221(b) for such week. The terms compensation , regular compensation , extended compensation , benefit year , base period , State , State agency , State law , and week have the respective meanings given such terms under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note).
Connectionstraces to 2
Traces to 2 documents
2 references not yet in our index
- Pub. L. 91-373
- 42 USC 1320b–7(d)
Citation graph
cites case law
Sec. 231
Temporary additional unemployment compensation program for certain adversely affected workers
Pub. L.Pub. L. 91-373
Cite42 USC 1320b–7(d)
Cites 4Cited by 0 across 0 sources