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Code · STATUTE-COMPILATIONS · Middle Class Tax Relief and Job Creation Act of 2012 · Sec. 2181

Sec. 2181. STATE ADMINISTRATION OF SELF-EMPLOYMENT ASSISTANCE PROGRAMS

1,507 words·~7 min read·/statute-compilations/comps-13851/sec-2181

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## SEC. 2181 STATE ADMINISTRATION OF SELF-EMPLOYMENT ASSISTANCE PROGRAMS ###
(a)Availability for Individuals Receiving Extended Compensation Title II of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended by inserting at the end the following new section: > > ## “SEC. 208 AUTHORITY TO CONDUCT SELF-EMPLOYMENT ASSISTANCE PROGRAMS > > (a)(1) At the option of a State, for any weeks of unemployment beginning after the date of enactment of this section, the State agency of the State may establish a self-employment assistance program, as described in subsection (b), to provide for the payment of extended compensation as self-employment assistance allowances to individuals who would otherwise satisfy the eligibility criteria under this title. > > > #### “(2) > > Subject to paragraph (3), the self-employment assistance allowance described in paragraph
(1)shall be paid to an eligible individual from such individual’s extended compensation account, as described in section 202(b), and the amount in such account shall be reduced accordingly. > > > #### “(3) > > > #####
(A)> > Subject to subparagraph (B), for purposes of self-employment assistance programs established under this section and section 4001(j) of the Supplemental Appropriations Act, 2008, an individual shall be provided with self-employment assistance allowances under such programs for a total of not greater than 26 weeks (referred to in this section as the ‘combined eligibility limit’). > > > ##### “(B) > > For purposes of an individual who is participating in a self-employment assistance program established under this section and has not reached the combined eligibility limit as of the date on which such individual exhausts all rights to extended compensation under this title, the individual shall be eligible to receive self-employment assistance allowances under a self-employment assistance program established under section 4001(j) of the Supplemental Appropriations Act, 2008, until such individual has reached the combined eligibility limit, provided that the individual otherwise satisfies the eligibility criteria described under title IV of such Act. > > > ### “(b) > > For the purposes of this section, the term ‘self-employment assistance program’ means a program as defined under section 3306(t) of the Internal Revenue Code of 1986, except as follows: > > > #### “(1) > > all references to ‘regular unemployment compensation under the State law’ shall be deemed to refer instead to ‘extended compensation under title II of the Federal-State Extended Unemployment Compensation Act of 1970’; > > > #### “(2) > > paragraph (3)(B) shall not apply; > > > #### “(3) > > clause
(i)of paragraph (3)(C) shall be deemed to state as follows: > > > > > ### ‘(i) > > > > include any entrepreneurial training that the State or non-profit organizations may provide in coordination with programs of training offered by the Small Business Administration, which may include business counseling, mentorship for participants, access to small business development resources, and technical assistance; and’ > > > > > #### “(4) > > the reference to ‘5 percent’ in paragraph
(4)shall be deemed to refer instead to ‘1 percent’; and > > > #### “(5) > > paragraph
(5)shall not apply. > > > ### “(c) > > In the case of an individual who is eligible to receive extended compensation under this title, such individual shall not receive self-employment assistance allowances under this section unless the State agency has a reasonable expectation that such individual will be entitled to at least 13 times the individual’s average weekly benefit amount of extended compensation and emergency unemployment compensation. > > > ### “(d) > > > ####
(1)> > An individual who is participating in a self-employment assistance program established under this section may elect to discontinue participation in such program at any time. > > > #### “(2) > > For purposes of an individual whose participation in a self-employment assistance program established under this section is terminated pursuant to subsection (a)(3) or who has discontinued participation in such program, if the individual continues to satisfy the eligibility requirements for extended compensation under this title, the individual shall receive extended compensation payments with respect to subsequent weeks of unemployment, to the extent that amounts remain in the account established for such individual under section 202(b).” > . ###
(b)Availability for Individuals Receiving Emergency Unemployment Compensation Section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by sections 2141(b) and 2142(a), is further amended by inserting at the end the following new subsection: > > ### “(j) Authority to Conduct Self-employment Assistance Program > > > #### “(1) In general > > > ##### “(A) Establishment > > Any agreement under subsection
(a)may provide that the State agency of the State shall establish a self-employment assistance program, as described in paragraph (2), to provide for the payment of emergency unemployment compensation as self-employment assistance allowances to individuals who would otherwise satisfy the eligibility criteria specified in subsection (b). > > > ##### “(B) Payment of allowances > > Subject to subparagraph (C), the self-employment assistance allowance described in subparagraph
(A)shall be paid to an eligible individual from such individual’s emergency unemployment compensation account, as described in section 4002, and the amount in such account shall be reduced accordingly. > > > ##### “(C) Limitation on self-employment assistance for individuals receiving extended compensation and emergency unemployment compensation > > > ###### “(i) Combined eligibility limit > > Subject to clause (ii), for purposes of self-employment assistance programs established under this subsection and section 208 of the Federal-State Extended Unemployment Compensation Act of 1970, an individual shall be provided with self-employment assistance allowances under such programs for a total of not greater than 26 weeks (referred to in this subsection as the ‘combined eligibility limit’). > > > ###### “(ii) Carryover rule > > For purposes of an individual who is participating in a self-employment assistance program established under this subsection and has not reached the combined eligibility limit as of the date on which such individual exhausts all rights to extended compensation under this title, the individual shall be eligible to receive self-employment assistance allowances under a self-employment assistance program established under section 208 of the Federal-State Extended Unemployment Compensation Act of 1970 until such individual has reached the combined eligibility limit, provided that the individual otherwise satisfies the eligibility criteria described under title II of such Act. > > > #### “(2) Definition of ‘self-employment assistance program’ > > For the purposes of this section, the term ‘self-employment assistance program’ means a program as defined under section 3306(t) of the Internal Revenue Code of 1986, except as follows: > > > ##### “(A) > > all references to ‘regular unemployment compensation under the State law’ shall be deemed to refer instead to ‘emergency unemployment compensation under title IV of the Supplemental Appropriations Act, 2008’; > > > ##### “(B) > > paragraph (3)(B) shall not apply; > > > ##### “(C) > > clause
(i)of paragraph (3)(C) shall be deemed to state as follows: > > > > > ### ‘(i) > > > > include any entrepreneurial training that the State or non-profit organizations may provide in coordination with programs of training offered by the Small Business Administration, which may include business counseling, mentorship for participants, access to small business development resources, and technical assistance; and’ > > > > > ##### “(D) > > the reference to ‘5 percent’ in paragraph
(4)shall be deemed to refer instead to ‘1 percent’; and > > > ##### “(E) > > paragraph
(5)shall not apply. > > > #### “(3) Availability of self-employment assistance allowances > > In the case of an individual who is eligible to receive emergency unemployment compensation payment under this title, such individual shall not receive self-employment assistance allowances under this subsection unless the State agency has a reasonable expectation that such individual will be entitled to at least 13 times the individual’s average weekly benefit amount of extended compensation and emergency unemployment compensation. > > > #### “(4) Participant option to terminate participation in self-employment assistance program > > > ##### “(A) Termination > > An individual who is participating in a self-employment assistance program established under this subsection may elect to discontinue participation in such program at any time. > > > ##### “(B) Continued eligibility for emergency unemployment compensation > > For purposes of an individual whose participation in the self-employment assistance program established under this subsection is terminated pursuant to paragraph (1)(C) or who has discontinued participation in such program, if the individual continues to satisfy the eligibility requirements for emergency unemployment compensation under this title, the individual shall receive emergency unemployment compensation payments with respect to subsequent weeks of unemployment, to the extent that amounts remain in the account established for such individual under section 4002(b) or to the extent that such individual commences receiving the amounts described in subsections (c), (d), or
(e)of such section, respectively.” > .
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  • Pub. L. 110-252
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Sec. 2181
STATE ADMINISTRATION OF SELF-EMPLOYMENT ASSISTANCE PROGRAMS
U.S.C.§ 3304
Pub. L.Pub. L. 110-252
Cites 2Cited by 0 across 0 sources
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