Sec. 103. Extension and expansion of the pandemic emergency unemployment compensation program
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Section 2107(g) of division A of the CARES Act ( 15 U.S.C. 9025(g) ) is amended to read as follows: Subject to paragraphs
(2)and (3), an agreement entered into under this section shall apply, with respect to a State, to weeks of unemployment— beginning after the date on which such agreement is entered into; and ending on or before the applicable end date described in paragraph (2). The applicable end date described in this paragraph with respect to a State is the first date (after the date the State entered into an agreement under this section) that the State has not been in an emergency benefit period described in subparagraph
(B)for 13 consecutive weeks. For purposes of subparagraph (A), a State shall be considered to be in an emergency benefit period, as of any given day, if— an extended benefit period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) if— section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and such section 203(f)— were applied by substituting 5.5 for 6.5 in paragraph (1)(A)(i) thereof; and did not include the requirement under paragraph (1)(A)(ii) thereof; or the average national unemployment rate (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before such day equals or exceeds 5.5 percent. Subject to subparagraph (B), in the case of an individual who has amounts remaining in an account established under subsection
(b)as of the last day of the last week (as determined in accordance with the applicable State law) ending on or before the applicable end date described in paragraph (2), pandemic emergency unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after such date for which the individual meets the eligibility requirements of this section. No compensation shall be payable by reason of paragraph
(1)for any week beginning after the date that is 13 weeks after the applicable end date described in paragraph (2). . Section 2107(b) of division A of the CARES Act ( 15 U.S.C. 9025(b) ) is amended— by striking paragraph
(2)and redesignating paragraph
(3)as paragraph (2); and by adding at the end the following new paragraphs: The amount established in an account under paragraph
(1)shall be equal to 39 times the individual's average weekly benefit amount, which includes the amount of Federal Pandemic Unemployment Compensation under section 2104, for the benefit year. If, at the time that the amount added to an individual's account under paragraph
(3)(in this section referred to as first-tier pandemic emergency unemployment compensation ) is exhausted, or at any time thereafter, such individual's State is in a second-tier pandemic elevated benefit period (as determined under subparagraph (B)), such account shall be augmented by an amount (in this section referred to as second-tier pandemic emergency unemployment compensation ) equal to 13 times the individual's average weekly benefit amount, which includes the amount of Federal Pandemic Unemployment Compensation under section 2104, for the benefit year. For purposes of subparagraph (A), a State shall be considered to be in a second-tier pandemic elevated benefit period, as of any given time, if an extended benefit period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) if— section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and such section 203(f) did not include the requirement under paragraph (1)(A)(ii) thereof. The account of an individual may be augmented not more than once under this subsection. If, at the time that the amount added to an individual's account under paragraph
(4)is exhausted, or at any time thereafter, such individual's State is in a third-tier pandemic elevated benefit period (as determined under subparagraph (B)), such account shall be augmented by an amount (in this section referred to as third-tier pandemic emergency unemployment compensation ) equal to 13 times the individual's average weekly benefit amount, which includes the amount of Federal Pandemic Unemployment Compensation under section 2104, for the benefit year. For purposes of subparagraph (A), a State shall be considered to be in a third-tier pandemic elevated benefit period, as of any given time, if an extended benefit period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) if— section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and such section 203(f)— were applied by substituting 7.5 for 6.5 in paragraph (1)(A)(i) thereof; and did not include the requirement under paragraph (1)(A)(ii) thereof. The account of an individual may be augmented not more than once under this subsection. If, at the time that the amount added to an individual's account under paragraph
(5)is exhausted, or at any time thereafter, such individual's State is in a fourth-tier pandemic elevated benefit period (as determined under subparagraph (B)), such account shall be augmented by an amount (in this section referred to as fourth-tier pandemic emergency unemployment compensation ) equal to 13 times the individual's average weekly benefit amount, which includes the amount of Federal Pandemic Unemployment Compensation under section 2104, for the benefit year. For purposes of subparagraph (A), a State shall be considered to be in a fourth-tier pandemic elevated benefit period, as of any given time, if an extended benefit period would then be in effect for such State under the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note) if— section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and such section 203(f)— were applied by substituting 8.5 for 6.5 in paragraph (1)(A)(i) thereof; and did not include the requirement under paragraph (1)(A)(ii) thereof. The account of an individual may be augmented not more than once under this subsection. If— an individual has been determined to be entitled to pandemic emergency unemployment compensation with respect to a benefit year; that benefit year has expired; that individual has remaining entitlement to pandemic emergency unemployment compensation with respect to that benefit year; and that individual would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least $25 less than the individual's weekly benefit amount in the benefit year referred to in clause (i), then the State shall determine eligibility for compensation as provided in subparagraph (B). For individuals described in subparagraph (A), the State shall determine whether the individual is to be paid pandemic emergency unemployment compensation or regular compensation for a week of unemployment using one of the following methods: The State shall, if permitted by State law, establish a new benefit year, but defer the payment of regular compensation with respect to that new benefit year until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i). The State shall, if permitted by State law, defer the establishment of a new benefit year (which uses all the wages and employment which would have been used to establish a benefit year but for the application of this subparagraph), until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i). The State shall pay, if permitted by State law— regular compensation equal to the weekly benefit amount established under the new benefit year; and pandemic emergency unemployment compensation equal to the difference between that weekly benefit amount and the weekly benefit amount for the expired benefit year. The State shall determine rights to pandemic emergency unemployment compensation without regard to any rights to regular compensation if the individual elects to not file a claim for regular compensation under the new benefit year. . The amendments made by this section shall apply as if included in the enactment of the CARES Act ( Public Law 116–136 ), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.
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Sec. 103
Extension and expansion of the pandemic emergency unemployment compensation program
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