Sec. 2122. EXTENSION AND MODIFICATION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM
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## SEC. 2122 EXTENSION AND MODIFICATION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM ###
(a)Extension Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended— ####
(1)in subsection (a)— #####
(A)by striking “Except as provided in subsection (b), an” and inserting “An”; and #####
(B)by striking “March 6, 2012” and inserting “January 2, 2013”; and ####
(2)by striking subsection
(b)and inserting the following: > > ### “(b) Termination > > No compensation under this title shall be payable for any week subsequent to the last week described in subsection (a).” > . ###
(b)Modifications Relating to Triggers **[**[26 U.S.C. 3304 note](/us/usc/t26/s3304)**]** ####
(1)For second-tier emergency unemployment compensation Section 4002(c) of such Act is amended— #####
(A)in the subsection heading, by striking “Special Rule” and inserting “Second-tier Emergency Unemployment Compensation”; #####
(B)in paragraph (1), by striking “At” and all that follows through “augmented by an amount” and inserting “If, at the time that the amount established in an individual’s account under subsection
(b)is exhausted or at any time thereafter, such individual’s State is in an extended benefit period (as determined under paragraph (2)), such account shall be augmented by an amount (hereinafter ‘second-tier emergency unemployment compensation’)”; #####
(C)by redesignating paragraph
(2)as paragraph (4); and #####
(D)by inserting after paragraph
(1)the following: > > #### “(2) Extended benefit period > > For purposes of paragraph (1), a State shall be considered to be in an extended benefit period, as of any given time, if such a period would then be in effect for such State under such Act if— > > > ##### “(A) > > section 203(f) of the Federal-State Extended Unemployment Compensation Act of 1970 were applied to such State (regardless of whether the State by law had provided for such application); and > > > ##### “(B) > > such section 203(f)— > > > ###### “(i) > > were applied by substituting the applicable percentage under paragraph
(3)for ‘6.5 percent’ in paragraph (1)(A)(i) thereof; and > > > ###### “(ii) > > did not include the requirement under paragraph (1)(A)(ii) thereof. > > > #### “(3) Applicable percentage > > The applicable percentage under this paragraph is, for purposes of determining if a State is in an extended benefit period as of a date occurring in a week ending— > > > ##### “(A) > > before June 1, 2012, 0 percent; and > > > ##### “(B) > > after the last week under subparagraph (A), 6 percent.” > . ####
(2)For third-tier emergency unemployment compensation Section 4002(d) of such Act is amended— #####
(A)in paragraph (2)(A), by striking “under such Act” and inserting “under the Federal-State Extended Unemployment Compensation Act of 1970”; #####
(B)in paragraph (2)(B)(ii)(I), by striking the matter after “substituting” and before “in paragraph (1)(A)(i) thereof” and inserting “the applicable percentage under paragraph
(3)for ‘6.5 percent’”; #####
(C)by redesignating paragraph
(3)as paragraph (4); and #####
(D)by inserting after paragraph
(2)the following: > > #### “(3) Applicable percentage > > The applicable percentage under this paragraph is, for purposes of determining if a State is in an extended benefit period as of a date occurring in a week ending— > > > ##### “(A) > > before June 1, 2012, 6 percent; and > > > ##### “(B) > > after the last week under subparagraph (A), 7 percent.” > . ####
(3)For fourth-tier emergency unemployment compensation Section 4002(e) of such Act is amended— #####
(A)in paragraph (2)(A), by striking “under such Act” and inserting “under the Federal-State Extended Unemployment Compensation Act of 1970”; #####
(B)in paragraph (2)(B)(ii)(I), by striking the matter after “substituting” and before “in paragraph (1)(A)(i) thereof” and inserting “the applicable percentage under paragraph
(3)for ‘6.5 percent’”; #####
(C)by redesignating paragraph
(3)as paragraph (4); and #####
(D)by inserting after paragraph
(2)the following: > > #### “(3) Applicable percentage > > The applicable percentage under this paragraph is, for purposes of determining if a State is in an extended benefit period as of a date occurring in a week ending— > > > ##### “(A) > > before June 1, 2012, 8.5 percent; and > > > ##### “(B) > > after the last week under subparagraph (A), 9 percent.” > . ###
(c)Modifications Relating to Weeks of Emergency Unemployment Compensation **[**[26 U.S.C. 3304 note](/us/usc/t26/s3304)**]** ####
(1)Number of weeks in first tier beginning after september 2, 2012 Section 4002(b) of such Act is amended— #####
(A)by redesignating paragraph
(2)as paragraph (3); and #####
(B)by inserting after paragraph
(1)the following: > > #### “(2) Special rule relating to amounts established in an account as of a week ending after september 2, 2012 > > Notwithstanding any provision of paragraph (1), in the case of any account established as of a week ending after September 2, 2012— > > > ##### “(A) > > paragraph (1)(A) shall be applied by substituting ‘54 percent’ for ‘80 percent’; and > > > ##### “(B) > > paragraph (1)(B) shall be applied by substituting ‘14 weeks’ for ‘20 weeks’.” > . ####
(2)Number of weeks in third tier beginning after september 2, 2012 Section 4002(d) of such Act is amended by adding after paragraph
(4)(as so redesignated by subsection (b)(2)(C)) the following: > > #### “(5) Special rule relating to amounts added to an account as of a week ending after september 2, 2012 > > Notwithstanding any provision of paragraph (1), if augmentation under this subsection occurs as of a week ending after September 2, 2012— > > > ##### “(A) > > paragraph (1)(A) shall be applied by substituting ‘35 percent’ for ‘50 percent’; and > > > ##### “(B) > > paragraph (1)(B) shall be applied by substituting ‘9 times’ for ‘13 times’.” > . ####
(3)Number of weeks in fourth tier Section 4002(e) of such Act is amended by adding after paragraph
(4)(as so redesignated by subsection (b)(3)(C)) the following: > > #### “(5) Special rules relating to amounts added to an account > > > ##### “(A) March to may of 2012 > > > ###### “(i) Special rule > > Notwithstanding any provision of paragraph
(1)but subject to the following 2 sentences, if augmentation under this subsection occurs as of a week ending after the date of enactment of this paragraph and before June 1, 2012 (or if, as of such date of enactment, any fourth-tier amounts remain in the individual’s account)— > > > ###### “(I) > > paragraph (1)(A) shall be applied by substituting ‘62 percent’ for ‘24 percent’; and > > > ###### “(II) > > paragraph (1)(B) shall be applied by substituting ‘16 times’ for ‘6 times’. > > The preceding sentence shall apply only if, at the time that the account would be augmented under this subparagraph, such individual’s State is not in an extended benefit period as determined under the Federal-State Extended Unemployment Compensation Act of 1970. In no event shall the total amount added to the account of an individual under this subparagraph cause, in the case of an individual described in the parenthetical matter in the first sentence of this clause, the sum of the total amount previously added to such individual’s account under this subsection (as in effect before the date of enactment of this paragraph) and any further amounts added as a result of the enactment of this clause, to exceed the total amount allowable under subclause
(I)or (II), as the case may be. > > > ###### “(ii) Limitation > > Notwithstanding any other provision of this title, the amounts added to the account of an individual under this subparagraph may not cause the sum of the amounts previously established in or added to such account, plus any weeks of extended benefits provided to such individual under the Federal-State Extended Unemployment Compensation Act of 1970 (based on the same exhaustion of regular compensation under section 4001(b)(1)), to in the aggregate exceed the lesser of— > > > ###### “(I) > > 282 percent of the total amount of regular compensation (including dependents’ allowances) payable to the individual during the individual’s benefit year under the State law; or > > > ###### “(II) > > 73 times the individual’s average weekly benefit amount (as determined under subsection (b)(3)) for the benefit year. > > > ##### “(B) After august of 2012 > > Notwithstanding any provision of paragraph (1), if augmentation under this subsection occurs as of a week ending after September 2, 2012— > > > ###### “(i) > > paragraph (1)(A) shall be applied by substituting ‘39 percent’ for ‘24 percent’; and > > > ###### “(ii) > > paragraph (1)(B) shall be applied by substituting ‘10 times’ for ‘6 times’.” > . ###
(d)Order of Payments Requirement **[**[26 U.S.C. 3304 note](/us/usc/t26/s3304)**]** ####
(1)In general Section 4001(e) of such Act is amended to read as follows: > > ### “(e) Coordination Rule > > An agreement under this section shall apply with respect to a State only upon a determination by the Secretary that, under the State law or other applicable rules of such State, the payment of extended compensation for which an individual is otherwise eligible must be deferred until after the payment of any emergency unemployment compensation under section 4002, as amended by the Unemployment Benefits Extension Act of 2012, for which the individual is concurrently eligible.” > . ####
(2)Technical and conforming amendments Section 4001(b)(2) of such Act is amended— #####
(A)by striking “or extended compensation”; and #####
(B)by striking “law (except as provided under subsection (e));” and inserting “law;”. ###
(e)Funding **[**[26 U.S.C. 3304 note](/us/usc/t26/s3304)**]** Section 4004(e)(1) of such Act is amended— ####
(1)in subparagraph (G), by striking “and” at the end; and ####
(2)by inserting after subparagraph
(H)the following: > > ##### “(I) > > the amendments made by section 2122 of the Unemployment Benefits Extension Act of 2012; and” > . ###
(f)Effective Dates **[**[26 U.S.C. 3304 note](/us/usc/t26/s3304)**]** ####
(1)In general The amendments made by subsections (b), (c), and
(d)shall take effect as of February 28, 2012, and shall apply with respect to weeks of unemployment beginning after that date. ####
(2)Week defined For purposes of this subsection, the term “week” has the meaning given such term under section 4006 of the Supplemental Appropriations Act, 2008.
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Sec. 2122
EXTENSION AND MODIFICATION OF EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM
Pub. L.Pub. L. 110-252
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