Sec. 105. definitions
801 words·~4 min read·
/statute-compilations/comps-2963/sec-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## Sec. 105 definitions ###
(a)For purposes of this Act— ####
(1)the terms “**compensation**”, “**regular compensation**”, “**extended compensation**”, “**base period**”, “**benefit year**”, “**State**”, “**State agency**”, “**State law**”, and “**week**” shall have the meanings assigned to them under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970; ####
(2)the term “**period of eligibility**” means, in the case of any individual, the weeks in his benefit year which begin in an extended benefit period or an emergency benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such extended benefit period or in such emergency benefit period; ####
(3)the term “**extended benefit period**” shall have the meaning assigned to such term under section 203 of the Federal-State Extended Unemployment Compensation Act of 1970; ####
(4)the term “**additional eligibility period**” means the thirteen-week period following the week in which an emergency benefit period ends in a State, as determined under section 102(c)(3); but no individual shall have an additional eligibility period unless there was payable to him in such State, for the week in which such emergency benefit period ended, either emergency compensation under this Act or extended compensation under the Federal-State Extended Unemployment Compensation Act of 1970; ####
(5)the term “**rate of insured unemployment**” means the percentage arrived at by dividing the average weekly number of individuals filing claims for weeks of unemployment with respect to the specified period (as determined on the basis of the reports made by the State agency to the Secretary) by the average monthly covered employment for the specified period; ####
(6)the rate of insured unemployment for any thirteen-week period shall be determined by reference to the average monthly covered employment under the State law for the first four of the most recent six calendar quarters ending before the close of such period; and ####
(7)determinations with respect to the rate of insured unemployment in a State shall be made by the State agency in accordance with regulations prescribed by the Secretary. For purposes of any State law which refers to an extension under Federal law of the duration of benefits under the Federal-State Extended Unemployment Compensation Act of 1970, this Act shall be treated as amendatory of such Act. ###
(b)####
(1)If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of emergency compensation under this Act to which he was not entitled, such individual— #####
(A)shall be ineligible for further emergency compensation under this Act in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and #####
(B)shall be subject to prosecution under section 1001 of title 18, United States Code. ####
(2)#####
(A)In the case of individuals who have received amounts of emergency compensation under this Act to which they were not entitled, the State is authorized to require such individuals to repay the amounts of such emergency compensation to the State agency, except that the State agency may waive such repayment if it determines that— ######
(i)the payment of such emergency compensation was without fault on the part of any such individual, and ######
(ii)such repayment would be contrary to equity and good conscience. #####
(B)The State agency may recover the amount to be repaid, or any part thereof, by deductions from any emergency compensation payable to such individual under this Act or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Federal law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the three-year period after the date such individuals received the payment of the emergency compensation to which they were not entitled, except that no single deduction may exceed 50 per centum of the weekly benefit amount from which such deduction is made. #####
(C)No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final. ####
(3)Any determination by a State agency under paragraph
(1)or
(2)shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent.