Sec. 102. EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT
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## SEC. 102 EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT ###
(a)In General Any agreement under this Act shall provide that the State will establish, for each eligible individual who files an application for emergency unemployment compensation, an emergency unemployment compensation account with respect to such individual's benefit year. ###
(b)Amount in Account ####
(1)In general The amount established in an account under subsection
(a)shall be equal to the lesser of— #####
(A)130 percent of the total amount of regular compensation (including dependents' allowances) payable to the individual with respect to the benefit year (as determined under the State law) on the basis of which the individual most recently received regular compensation, or #####
(B)the applicable limit times the individual's average weekly benefit amount for the benefit year. ####
(2)Applicable limit For purposes of this section— #####
(A)In general Except as otherwise provided in this paragraph— ######
(i)In general ######
(I)In the case of weeks beginning during a high unemployment period, the applicable limit is 33. ######
(II)In the case of weeks not beginning in a high unemployment period, the applicable limit is 26. ######
(ii)Reduction for weeks after june 13, 1992 In the case of weeks beginning after June 13, 1992— ######
(I)clause
(i)of this subparagraph shall be applied by substituting “26” for “33”, and by substituting “20” for “26”, and ######
(II)subparagraph
(A)of paragraph
(1)shall be applied by substituting “100 percent” for “130 percent”. ######
(iii)Reduction for weeks in 7-percent period In the case of weeks beginning in a 7-percent period— ######
(I)clause
(ii)of this subparagraph shall not apply, ######
(II)clause
(i)of this subparagraph shall be applied by substituting “15” for “33”, and by substituting “10” for “26”, and ######
(III)subparagraph
(A)of paragraph
(1)shall be applied by substituting “60 percent” for “130 percent”. ######
(iv)Reduction for weeks in 6.8-percent period In the case of weeks beginning in a 6.8-percent period— ######
(I)clauses
(ii)and
(iii)of this subparagraph shall not apply, ######
(II)clause
(i)of this subparagraph shall be applied by substituting “13” for “33”, and by substituting “7” for “26”, and ######
(III)subparagraph
(A)of paragraph
(1)shall be applied by substituting “50 percent” for “130 percent”. ######
(v)7-percent period; 6.8-percent period For purposes of this subparagraph— ######
(I)A 7-percent period means a period which begins with the second week after the first week for which the requirements of subclause
(II)are met and a 6.8 percent period means a period which begins with the second week after the first week for which the requirements of subclause
(III)are met. ######
(II)The requirements of this subclause are met for any week if the average rate of total unemployment (seasonally adjusted) for all States for the period consisting of the most recent 2-calendar month period (for which data are published before the close of such week) is at least 6.8 percent, but less than 7 percent. ######
(III)The requirements of this subclause are met for any week if the average rate of total unemployment (seasonally adjusted) for all States for the period consisting of the most recent 2-calendar month period (for which data are published before the close of such week) is less than 6.8 percent. In no event shall a 7-percent period occur after a 6.8-percent period occurs and a 6.8-percent period, once begun, shall continue in effect for all weeks for which benefits are provided under this Act. ######
(vi)Reduction of weeks after october 2, 1993 In the case of weeks beginning after October 2, 1993— ######
(I)clause
(i)of this subparagraph shall be applied by substituting “13” for “33” and by substituting “7” for “26”, ######
(II)clauses (ii), (iii), (iv), and
(v)of this subparagraph shall not apply, and ######
(III)subparagraph A of paragraph
(1)shall be applied by substituting “50 percent” for “130 percent”. ######
(vii)Limitations on reductions In the case of an individual who is receiving emergency unemployment compensation for a week preceding the first week for which a reduction applies under clause (ii), (iii), (iv), or
(vi)of this subparagraph, such reduction shall not apply to such individual for the first week of such reduction or any week thereafter for which the individual meets the eligibility requirements of this Act. #####
(B)Applicable limit not reduced Except as provided in clauses (ii), (iii), (iv)1 and
(vi)of subparagraph (A), an individual's applicable limit for any week shall in no event be less than the highest applicable limit in effect for any prior week for which emergency unemployment compensation was payable to the individual from the account involved. 1So in original. Probably should have a comma after “(iv)”. #####
(C)Increase in applicable limit If the applicable limit in effect for any week is higher than the applicable limit for any prior week, the applicable limit shall be the higher applicable limit, reduced (but not below zero) by the number of prior weeks for which emergency unemployment compensation was paid to the individual from the account involved. ####
(3)Reduction for extended benefits The amount in an account under paragraph
(1)shall be reduced (but not below zero) by the aggregate amount of extended compensation (if any) received by such individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. ####
(4)Weekly benefit amount For purposes of this subsection, an individual's weekly benefit amount for any week is the amount of regular compensation (including dependents' allowances) under the State law payable to such individual for such week for total unemployment. ###
(c)High Unemployment Period For purposes of this section— ####
(1)In general The term “**high unemployment period**” means, with respect to any State, the period which— #####
(A)begins with the third week after the first week for which the requirements of paragraph
(2)are satisfied, and #####
(B)ends with the third week after the first week for which the requirements of paragraph
(2)are not satisfied. ####
(2)Requirements For purposes of paragraph (1), the requirements of this paragraph are satisfied for any week if— #####
(A)the adjusted rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks is at least 5 percent, or #####
(B)the average rate of total unemployment in such State for the period consisting of the most recent 6-calendar month period (for which data are published before the close of such week) is at least 9 percent. **[**Subsection
(d)- Repealed**]** ###
(e)Special Rules ####
(1)Minimum duration A high unemployment period shall last for not less than 13 weeks. ####
(2)Notification by secretary When a determination has been made that a high unemployment period is beginning or ending with respect to a State, the Secretary shall cause notice of such determination to be published in the Federal Register. ###
(f)Effective Date ####
(1)In general Except as provided in paragraphs
(2)and (3), no emergency unemployment compensation shall be payable to any individual under this Act for any week— #####
(A)beginning before the later of— ######
(i)November 17, 1991, or ######
(ii)the first week following the week in which an agreement under this Act is entered into, or #####
(B)beginning after February 5, 1994. ####
(2)Transition In the case of an individual who is receiving emergency unemployment compensation for a week prior to or including February 5, 1994, emergency unemployment compensation shall continue to be payable to such individual for any week thereafter for which the individual meets the eligibility requirements of this Act. No compensation shall be payable by reason of the preceding sentence for any week beginning after April 30, 1994. ####
(3)Reachback provisions #####
(A)In general If any individual has a benefit year which ends after February 28, 1991, such individual shall be entitled to emergency unemployment compensation under this Act in the same manner as if such individual's benefit year ended no earlier than the last day of the first week following November 16, 1991. #####
(B)Limitation of benefits In the case of an individual who has exhausted such individual's rights to both regular and extended compensation, any emergency unemployment compensation payable under subparagraph
(A)shall be reduced in accordance with subsection (b)(3). ###
(g)Transitional Rules ####
(1)In general For purposes of determining whether a high unemployment period is in effect with respect to any State for the 1st week for which emergency unemployment compensation may be payable under this title in such State, this Act shall be treated as having been in effect for all weeks ending on or after October 19, 1991. ####
(2)Special rules A high unemployment period shall begin in any State with the 1st week for which emergency unemployment compensation may be payable in such State under this title if, on the basis of information submitted to the Committee on Ways and Means of the House of Representatives by the Department of Labor on November 7, 1991, the requirements of subsection (c)(2) are satisfied by such State for the week which ends October 19, 1991.