Sec. 202. federal-state agreements
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## Sec. 202 federal-state agreements ###
(a)Any State, the State unemployment compensation law of which is approved by the Secretary of Labor (hereinafter in this title referred to as the “Secretary”), under section 3304 of the Internal Revenue Code of 1954, which desires to do so, may enter into and participate in an agreement with the Secretary under this title, if such State law contains (as of the date such agreement is entered into) a requirement that extended compensation be payable thereunder as provided by the Federal-State Extended Unemployment Compensation Act of 1970. Any State which is a party to an agreement under this title may, upon providing 30 days' written notice to the Secretary, terminate such agreement. ###
(b)Any such agreement shall provide that the State agency of the State will make payments of emergency compensation— ####
(1)to individuals who— #####
(A)######
(i)have exhausted all rights to regular compensation under the State law; ######
(ii)have exhausted all rights to extended compensation, or are not entitled thereto, because of the ending of their eligibility period for extended compensation, in such State; #####
(B)have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or compensation under any other Federal law; and #####
(C)are not receiving compensation with respect to such week under the unemployment compensation law of the Virgin Islands or Canada. ####
(2)for any week of unemployment which begins in– #####
(A)an emergency benefit period (as defined in subsection (c)(3)); and #####
(B)the individual's period of eligibility (as defined in section 205(b)). ###
(c)####
(1)For purposes of subsection (b)(1)(A), an individual shall be deemed to have exhausted his rights to regular compensation under a State law when— #####
(A)no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on employment or wages during his base period; or #####
(B)his rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. ####
(2)For purposes of subsection (b)(1)(B), an individual shall be deemed to have exhausted his rights to extended compensation under a State law when no payments of extended compensation under a State law can be made under such law because such individual has received all the extended compensation available to him from his extended compensation account (as established under State law in accordance with section 202(b)(1) of the Federal-State Extended Unemployment Compensation Act of 1970). ####
(3)#####
(A)######
(i)For purposes of subsection (b)(2)(A), in the case of any State, an emergency benefit period— ######
(I)shall begin with the third week after a week for which there is a State “emergency on” indicator; and ######
(II)shall end with the third week after the first week for which there is a State “emergency off” indicator. ######
(ii)In the case of any State, no emergency benefit period shall last for a period of less than 26 consecutive weeks. ######
(iii)When a determination has been made that an emergency benefit period is beginning or ending with respect to any State, the Secretary shall cause notice of such determination to be published in the Federal Register. #####
(B)######
(i)For purposes of subparagraph (A), there is a State “emergency on” indicator for a week if— ######
(I)the rate of unemployment (as determined under subparagraph (C)) in the State for the period consisting of such week and the immediately preceding 12 weeks equaled or exceeded 6.5 per centum; and ######
(II)there
(a)is a State or National “on” indicator for such week (as determined under subsections
(d)and
(e)of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970), or
(b)there is neither a State nor National “on” indicator for such week (as so determined), but
(1)within the 52-week period ending with such week there has been a State or National “on” indicator for a week (as so determined), and
(2)there would be a State “on” indicator for such week except for the provisions of section 203(e)(1)(A) of the Federal-State Extended Unemployment Compensation Act of 1970. ######
(ii)For purposes of subparagraph (A), there is a State “emergency off” indicator for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of unemployment (as determined under subparagraph (C)) is less than 6.5 per centum. #####
(C)######
(i)For purposes of subparagraph (B), the term “**rate of unemployment**” means— ######
(I)the rate of insured unemployment (as determined under section 203(f) of the Federal-State Extended Unemployment Compensation Act of 1970), plus ######
(II)the 13-week exhaustion rate (as determined under clause (ii)). ######
(ii)The “13-week exhaustion rate” is the percentage arrived at by dividing— ######
(I)25 per centum of the sum of the exhaustions, during the most recent 12 calendar months ending before the week with respect to which such rate is computed, of regular compensation under the State law, by ######
(II)the average monthly covered employment (as that term is used in section 203(f) of the Federal-State Extended Unemployment Compensation Act of 1970) of the State with respect to the 13-week period referred to in subparagraph (B)(ii). ###
(d)For purposes of any agreement under this title— ####
(1)the amount of the emergency compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to him during his benefit year under the State law; and ####
(2)the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall (except where inconsistent with the provisions of this title or regulations of the Secretary promulgated to carry out this title) apply to claims for emergency compensation and the payment thereof. ###
(e)####
(1)Any agreement under this title with a State shall provide that the State will establish, for each eligible individual who files an application for emergency compensation, an emergency compensation account. ####
(2)The amount established in such account for any individual shall be equal to the lesser of— #####
(A)50 per centum of the total amount of regular compensation (including dependents' allowances) payable to him with respect to the benefit year (as determined under the State law) on the basis of which he most recently received regular compensation; or #####
(B)thirteen times his average weekly benefit amount (as determined for purposes of section 202(b)(1)(C) of the Federal-State Extended Unemployment Compensation Act of 1970) for his benefit year. ###
(f)No emergency compensation shall be payable to any individual under an agreement entered into under this title for any week prior to the week following the week in which such agreement is entered into, or if later, the first week beginning more than 30 days after the date of enactment of this Act. No emergency compensation shall be payable to any individual under such an agreement for any week ending after— ####
(1)December 31, 1972, or ####
(2)March 31, 1973, in the case of an individual who (for a week ending before January 1, 1973) had a week with respect to which emergency compensation was payable under such agreement.