Sec. 80101. Emergency increase in unemployment compensation benefits
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Any State which desires to do so may enter into and participate in an agreement under this section with the Secretary of Labor (hereinafter in this section referred to as the Secretary ). Any State which 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 this section shall provide the following: The State agency of the State will make payments of regular compensation to individuals in amounts and to the extent that they would be determined if the State law of the State were applied, with respect to any week for which the individual is (disregarding this section) otherwise entitled under the State law to receive regular compensation, as if such State law had been modified in a manner such that the amount of regular compensation (including dependents’ allowances) payable for any week shall be equal to— the amount determined under the State law (before the application of this paragraph), plus an additional amount of $600 (in this section referred to as Federal Pandemic Unemployment Compensation ).
In the case of a State that provides under the State law for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986), the State agency of the State will make payments of compensation (as defined in subsection
(h)of such section) to employees participating in such program in amounts and to the extent that they would be determined under such program if the State law of the State were applied, with respect to any week for which the individual is (disregarding this section) otherwise eligible under the program under the State law to receive such compensation, as if such State law had been modified in a manner such that the amount of compensation payable for any week shall be equal to the amount determined under the State law (before the application of this paragraph) plus $300 (in this section referred to as Federal Pandemic Short-Time Compensation ). Any Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time Compensation provided for in accordance with paragraph
(1)shall be payable either— as an amount which is paid at the same time and in the same manner as any compensation otherwise payable for the week involved; or at the option of the State, by payments which are made separately from, but on the same weekly basis as, any compensation otherwise payable. An agreement under this section shall not apply (or shall cease to apply) with respect to a State upon a determination by the Secretary that the method governing the computation of regular compensation under the State law of that State has been modified in a manner such that the maximum benefit entitlement and the average weekly benefit amount of regular compensation (or short-time compensation in the case of a State described in subsection (b)(1)(B)) which will be payable during the period of the agreement (determined disregarding any Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time Compensation) will be less than the maximum benefit entitlement and the average weekly benefit amount of regular compensation (or short-time compensation) which would otherwise have been payable during such period under the State law, as in effect on January 1, 2020. 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 Federal Pandemic Unemployment Compensation paid to individuals by the State pursuant to such agreement; the total amount of Federal Pandemic Short-Time Compensation paid to 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 each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month 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. There are appropriated from the general fund of the Treasury, without fiscal year limitation, such sums as may be necessary for purposes of this subsection. An agreement entered into under this section shall apply to weeks of unemployment— beginning on or after March 13, 2020; and ending on or before January 1, 2021. In the case of any individual who, as of the date specified in paragraph (1)(B), has not yet exhausted all rights to regular compensation under the State law of a State with respect to a benefit year that began before such date (or short-time compensation in the case of a State described in subsection (b)(1)(B)), Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time Compensation (as the case may be) shall continue to be payable to such individual for any week beginning on or after such date for which the individual is otherwise eligible for regular compensation (or short-time compensation) with respect to such benefit year. Notwithstanding any other provision of this subsection, no Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time Compensation shall be payable for any week beginning after June 30, 2021. 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 Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time Compensation to which such individual was not entitled, such individual— shall be ineligible for further Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time 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 Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time Compensation to which they were not entitled, the State shall require such individuals to repay the amounts of such Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time Compensation to the State agency, except that the State agency may waive such repayment if it determines that— the payment of such Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time 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 may recover the amount to be repaid, or any part thereof, by deductions from any Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time Compensation payable to such individual 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 individuals received the payment of the Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time Compensation to which they were 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 section 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. Each agreement under this section shall include provisions to provide that the purposes of the preceding provisions of this section shall be applied with respect to unemployment benefits described in subsection (i)(3) to the same extent and in the same manner as if those benefits were regular compensation. Federal Pandemic Unemployment Compensation— shall not be payable, pursuant to this subsection, with respect to any unemployment benefits described in subsection (i)(3) for any week beginning on or after the date specified in subsection (e)(1)(B), except in the case of an individual who was eligible to receive Federal Pandemic Unemployment Compensation in connection with any regular compensation or any unemployment benefits described in subsection (i)(3) for any period of unemployment ending before such date; and shall in no event be payable for any week beginning after the date specified in subsection (e)(3). A Federal Pandemic Unemployment Compensation or Federal Pandemic Short-Time Compensation payment shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient’s spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds. For purposes of this section— the terms compensation , regular compensation , benefit year , 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); the term maximum benefit entitlement means the amount of regular compensation payable to an individual with respect to the individual’s benefit year; and any reference to unemployment benefits described in this paragraph shall be considered to refer to— extended compensation (as defined by section 205 of the Federal-State Extended Unemployment Compensation Act of 1970); and unemployment compensation (as defined by section 85(b) of the Internal Revenue Code of 1986) provided under any program administered by a State under an agreement with the Secretary.
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Sec. 80101
Emergency increase in unemployment compensation benefits
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