Sec. 101. FEDERAL-STATE AGREEMENTS

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## SEC. 101 FEDERAL-STATE AGREEMENTS ###

(a)In General Any State which desires to do so may enter into and participate in an agreement under this Act with the Secretary of Labor (hereafter in this Act referred to as the “Secretary”). Any State which is a party to an agreement under this Act may, upon providing 30 days written notice to the Secretary, terminate such agreement. ###

(b)Provisions of Agreement Any agreement under subsection

(a)shall provide that the State agency of the State will make payments of emergency unemployment compensation— ####

(1)to individuals who— #####

(A)have exhausted all rights to regular compensation under the State law, #####

(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 are not paid or entitled to be paid any additional compensation under any State or Federal law), and #####

(C)are not receiving compensation with respect to such week under the unemployment compensation law of Canada, and ####

(2)for any week of unemployment which begins in the individual's period of eligibility (as defined in section 106(a)(2)). ###

(c)Exhaustion of Benefits For purposes of subsection (b)(1)(A), an individual shall be deemed to have exhausted such individual's rights to regular compensation under a State law when— ####

(1)no payments of regular compensation can be made under such law because such individual has received all regular compensation available to such individual based on employment or wages during such individual's base period, or ####

(2)such individual's rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. ###

(d)Weekly Benefit Amount For purposes of any agreement under this Act— ####

(1)the amount of emergency unemployment 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 such individual during such individual's benefit year under the State law for a week of total unemployment, ####

(2)the terms and conditions of the State law which apply to claims for extended compensation and to the payment thereof shall apply to claims for emergency unemployment compensation and the payment thereof, except where inconsistent with the provisions of this Act or with the regulations or operating instructions of the Secretary promulgated to carry out this Act, and ####

(3)the maximum amount of emergency unemployment compensation payable to any individual for whom an account is established under section 102 shall not exceed the amount established in such account for such individual. ###

(e)Election by States; Weeks of Benefits During Phase-Out ####

(1)Election by states Notwithstanding any other provision of Federal law (and if State law permits), the Governor of a State1 is authorized to and may elect to trigger off an extended compensation period in order to provide payment of emergency unemployment compensation to individuals who have exhausted their rights to regular compensation under State law. The preceding sentence shall not be applicable with respect to any extended compensation period which begins after February 5, 1994, nor shall the special rule in section 203(b)(1)(B) of the Federal-State Extended Unemployment Compensation Act of 1970 (or the similar provision in any State law) operate to preclude the beginning of an extended compensation period after February 5, 1994, because of the ending of an earlier extended compensation period under the preceding sentence. 1Section 1(b)(1) of P.L. 102–244 (106 Stat. 3) instructed that section 101(e) is amended by striking “in a 20-week period or 13-week period, as defined in section 102,”. The amendment probably should have included “a” before “13-week”. ####

(2)Weeks of benefits during phase-out Notwithstanding subsection (b)(1)(B) or any other provision of law, whenever an extended compensation period is beginning in a State after February 5, 1994, an individual, who is entitled to extended compensation in the new extended compensation period (whether or not the individual applies therefor) and also has remaining entitlement to emergency unemployment compensation under this Act, shall be entitled to compensation under the program in which the individual's monetary entitlement (as of the beginning of the first week of the extended compensation period) is the greater.

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106 Stat. 3

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Sec. 101

FEDERAL-STATE AGREEMENTS

Stat.106 Stat. 3

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