Sec. 102. federal-state agreements
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## Sec. 102 federal-state agreements ###
(a)Any State, the State unemployment compensation law of which is approved by the Secretary of Labor (hereinafter in this Act 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 Act, 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 Act may, upon providing thirty 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 to compensation under any other Federal law; and #####
(C)are not receiving compensation with respect to such week under the unemployment compensation law of Canada, ####
(2)for any week of unemployment which— #####
(A)begins in— ######
(i)an emergency benefit period (as defined in subsection (c)(3)), and ######
(ii)the individual's period of eligibility (as defined in section 105(a)(2)); or #####
(B)begins in an individual's additional eligibility period (as defined in section 105(a)(4)); except that no payment of emergency compensation shall be made to any individual for any week of unemployment which begins more than two years after the end of the benefit year for which he exhausted his rights to regular compensation. ###
(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 13 consecutive weeks, and no emergency benefit period which began prior to January 1, 1976, shall end prior to such date. ######
(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)there 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), and
(II)the rate of insured unemployment in such State for the period consisting of such week and the immediately preceding twelve weeks equaled or exceeded 5 per centum. ######
(ii)For purposes of subparagraph (A), there is a State “emergency off” indicator for a week if the rate of insured unemployment in such State for the period consisting of such week and the immediately preceding twelve weeks is less than 5 per centum. ###
(d)For purposes of any agreement under this Act— ####
(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 to regular compensation and to the payment thereof shall (except where inconsistent with the provisions of this Act or regulations of the Secretary promulgated to carry out this Act) apply to claims for emergency compensation and the payment thereof. ###
(e)####
(1)Any agreement under this Act 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)13 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. ####
(3)The amount determined under paragraph
(2)with respect to any individual shall be reduced by the amount of any assistance paid to such individual under title II of the Emergency Jobs and Unemployment Assistance Act of 1974 for any weeks of unemployment in the 65-week period preceding the first week of unemployment with respect to which compensation is payable to such individual under this Act. ###
(f)####
(1)No emergency compensation shall be payable to any individual under an agreement entered into under this Act for any week beginning before whichever of the following is the latest: #####
(A)the first week which begins after December 31, 1974, #####
(B)the week following the week in which such agreement is entered into, or #####
(C)the first week which begins after the date of the enactment of this Act. ####
(2)No emergency compensation shall be payable to any individual under an agreement entered into under this Act— #####
(A)for any week ending after October 31, 1977, or #####
(B)in the case of an individual who (for a week ending after the beginning of his most recent benefit year and before October 31, 1977) had a week with respect to which emergency compensation was payable under such agreement, for any week ending after January 31, 1978. ###
(g)Notwithstanding the preceding provisions of this section, emergency compensation shall not be payable for any week to an individual who is not a participant in a training program which is approved by the Secretary if— ####
(1)the State determines that there is a need for upgrading or broadening such individual's occupational skills and a program which is approved by the Secretary for such upgrading or broadening is available within a reasonable distance and without charge to the individual for tuition or fees, and ####
(2)such individual is not an applicant to participate in such a program. ###
(h)####
(1)In addition to any eligibility requirement of the applicable State law, emergency compensation shall not be payable for any week to any individual otherwise eligible to receive such compensation if during such week such individual— #####
(A)fails to accept any offer of suitable work or to apply for any suitable work to which he was referred by the State agency, or #####
(B)fails to actively engage in seeking work. ####
(2)If any individual is ineligible for emergency compensation for any week by reason of a failure described in subparagraph
(A)or
(B)of paragraph (1), the individual shall be ineligible to receive emergency compensation for any week which begins during a period which— #####
(A)begins with the week following the week in which such failure occurs, and #####
(B)does not end until such individual has been employed during at least 4 weeks which begin after such failure and the total of the remuneration earned by the individual for being so employed is not less than the product of 4 multiplied by the individual's 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. ####
(3)Emergency compensation shall not be denied under paragraph
(1)to any individual for any week by reason of a failure to accept an offer of, or apply for, suitable work— #####
(A)if the gross average weekly remuneration payable to such individual for the position does not exceed the sum of— ######
(i)the individual's 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, plus ######
(ii)the amount (if any) of supplemental unemployment compensation benefits (as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1954) payable to such individual for such week; #####
(B)if the position was not offered to such individual in writing and was not listed with the State employment service; #####
(C)if such failure would not result in a denial of compensation under the provisions of the applicable State law to the extent that such provisions are not inconsistent with the provisions of paragraph (4); or #####
(D)if the position pays wages less than the higher of— ######
(i)the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or ######
(ii)any applicable State or local minimum wage. ####
(4)For purposes of this subsection— #####
(A)The term “**suitable work**” means, with respect to any individual, any work which is within such individual's capabilities; except that, if the individual furnishes evidence satisfactory to the State agency that such individual's prospects for obtaining work in his customary occupation within a reasonably short period are good, the determination of whether any work is suitable work with respect to such individual shall be made in accordance with the applicable State law. #####
(B)An individual shall be treated as actively engaged in seeking work during any week if— ######
(i)the individual has engaged in a systematic and sustained effort to obtain work during such week, and ######
(ii)the individual provides tangible evidence to the State agency that he has engaged in such an effort during such week; ####
(5)Any agreement under subsection
(a)shall provide that, in the administration of this Act, States shall make provision for referring applicants for benefits under this Act to any suitable work to which subparagraphs (A), (B), (C), and
(D)of paragraph
(3)would not apply.