Federal-State Extended Unemployment Compensation Act of 1970
Public Law 91–373, as amended
84 Stat. 708, as amended
Federal-State Extended Unemployment Compensation Act of 1970
373
112–240
Statute Compilation
United States House of Representatives
Office of the Legislative Counsel
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EN
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Federal-State Extended Unemployment Compensation Act of 1970
2966
91
1970-08-10
Federal-State Extended Unemployment Compensation Act of 1970
[Pub. L. 91–373; Approved Aug. 10, 1970; 84 Stat. 708]
[As Amended Through P.L. 112–240, Enacted January 2, 2013]
[Currency: This publication is a compilation of the text of Public Law 91-373. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/]
[Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]

short title
Sec. 201.
[26 U.S.C. 3304 note]
This title may be cited as the “Federal-State Extended Unemployment Compensation Act of 1970”.

payment of extended compensation
Sec. 202.
[26 U.S.C. 3304 note]
(a)

State Law Requirements
(1)
For purposes of section 3304(a)(11) of the Internal Revenue Code of 1954, a State law shall provide that payment of extended compensation shall be made, for any week of unemployment which begins in the individual's eligibility period, to individuals who have exhausted all rights to regular compensation under the State law and who have no rights to regular compensation with respect to such week under such law or any other State unemployment compensation law or to compensation under any other Federal law and are not receiving compensation with respect to such week under the unemployment compensation law of Canada. For purposes of the preceding sentence, an individual shall have exhausted his rights to regular compensation under a State law (A) when 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) when his rights to such compensation have terminated by reason of the expiration of the benefit year with respect to which such rights existed.
(2)
Except where inconsistent with the provisions of this title, the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall apply to claims for extended compensation and to the payment thereof.
(3)
(A)
Notwithstanding the provisions of paragraph (2), payment of extended compensation under this Act shall not be made to any individual for any week of unemployment in his eligibility period—
(i)
during which he fails to accept any offer of suitable work (as defined in subparagraph (c)) or fails to apply for any suitable work to which he was referred by the State agency; or
(ii)
during which he fails to actively engage in seeking work, unless such individual is not actively engaged in seeking work because such individual is, as determined in accordance with State law—
(I)
before any court of the United States or any State pursuant to a lawfully issued summons to appear for jury duty (as such term may be defined by the Secretary of Labor), or
(II)
hospitalized for treatment of an emergency or a life-threatening condition (as such term may be defined by such Secretary),
if such exemptions in clauses (I) and (II) apply to recipients of regular benefits, and the State chooses to apply such exemptions for recipients of extended benefits.
(B)
If any individual is ineligible for extended compensation for any week by reason of a failure described in clause (i) or (ii) of subparagraph (A), the individual shall be ineligible to receive extended compensation for any week which begins during a period which—
(i)
begins with the week following the week in which such failure occurs, and
(ii)
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 subsection (b)(1)(c)1) for his benefit year.
^1
So in law.
(C)
For purposes of this paragraph, 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.
(D)
Extended compensation shall not be denied under clause (i) of subparagraph (A) to any individual for any week by reason of a failure to accept an offer of, or apply for, suitable work—
(i)
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 subsection (b)(1)(C)) 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;
(ii)
if the position was not offered to such individual in writing and was not listed with the State employment service;
(iii)
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 subparagraphs (C) and (E); or
(iv)
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.
(E)
For purposes of this paragraph, an individual shall be treated as actively engaged in seeking working 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.
(F)
For purposes of section 3304(a)(11) of the Internal Revenue Code of 1954, a State law shall provide for referring applicants for benefits under this Act to any suitable work to which clauses (i), (ii), (iii), and (iv) of subparagraph (D) would not apply.
(4)
No provision of State law which terminates a disqualification for voluntarily leaving employment, being discharged for misconduct, or refusing suitable employment shall apply for purposes of determining eligibility for extended compensation unless such termination is based upon employment subsequent to the date of such disqualification.
(5)
Notwithstanding the provisions of paragraph (2), an individual shall not be eligible for extended compensation unless, in the base period with respect to which the individual exhausted all rights to regular compensation under the State law, the individual had 20 weeks of full-time insured employment, or the equivalent in insured wages. For purposes of this paragraph, the equivalent in insured wages shall be earnings covered by the State law for compensation purposes which exceed 40 times the individual's most recent weekly benefit amount or 1½ times the individual's insured wages in that calendar quarter of the base period in which the individual's insured wages were the highest (or one such quarter if his wages were the same for more than one such quarter). The State shall by law provide which one or more of the foregoing methods of measuring employment and earnings shall be used in that State.
(6)
No payment shall be made under this Act to any State in respect to any extended compensation or sharable regular compensation paid to any individual for any week if, under the rules of paragraphs (3), (4), and (5), extended compensation would not have been payable to such individual for such week.
(7)
Paragraphs (3) and (4) shall not apply to weeks of unemployment beginning after March 6, 1993, and before January 1, 1995, and no provision of State law in conformity with such paragraphs shall apply during such period.
(b)

Individuals' Compensation Accounts
(1)
The State law shall provide that the State will establish, for each eligible individual who files an application therefor, an extended compensation account with respect to such individual's benefit year. The amount established in such account shall be not less than whichever of the following is the least;
(A)
50 per centum of the total amount of regular compensation (including dependents' allowances) payable to him during such benefit year under such law,
(B)
thirteen times his average weekly benefit amount, or
(C)
thirty-nine times his average weekly benefit amount, reduced by the regular compensation paid (or deemed paid) to him during such benefit year under such law;
except that the amount so determined shall (if the State law so provides) be reduced by the aggregate amount of additional compensation paid (or deemed paid) to him under such law for prior weeks of unemployment in such benefit year which did not begin in an extended benefit period.
(2)
For purposes of paragraph (1), an individual's weekly benefit amount for a week is the amount of regular compensation (including dependents' allowances) under the State law payable to such individual for such week for total unemployment.
(3)
(A)2
Effective with respect to weeks beginning in a high unemployment period, paragraph (1) shall be applied by substituting—
^2
So in law. Indention of section 202(b)(3)(A) probably should be moved two ems to left.
(i)
“80 per centum” for “50 per centum” in subparagraph (A),
(ii)
“twenty” for “thirteen” in subparagraph (B), and
(iii)
“forty-six” for “thirty-nine” in subparagraph (C).
(B)
For purposes of subparagraph (A), the term “high unemployment period” means any period during which an extended benefit period would be in effect if section 203(f)(1)(A)(i) were applied by substituting “8 percent” for “6.5 percent”.
(c)

Cessation of Extended Benefits When Paid Under an Interstate Claim in a State Where Extended Benefit Period Is Not in Effect
(1)
Except as provided in paragraph (2), payment of extended compensation shall not be made to any individual for any week if—
(A)
extended compensation would (but for this subsection) have been payable for such week pursuant to an interstate claim filed in any State under the interstate benefit payment plan, and
(B)
an extended benefit period is not in effect for such week in such State.
(2)
Paragraph (1) shall not apply with respect to the first 2 weeks for which extended compensation is payable (determined without regard to this subsection) pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended compensation account established for the benefit year.
(3)
Section 3304(a)(9)(A) of the Internal Revenue Code of 1954 shall not apply to any denial of compensation required under this subsection.

extended benefit period
Sec. 203.
[26 U.S.C. 3304 note]
(a)

Beginning and Ending
For purposes of this title, in the case of any State, an extended benefit period—
(1)
shall begin with the third week after the first week for which there is a State “on” indicator; and
(2)
shall end with the third week after the first week for which there is a State “off” indicator.
(b)

Special Rules
(1)
In the case of any State—
(A)
no extended benefit period shall last for a period of less than thirteen consecutive weeks, and
(B)
no extended benefit period may begin before the fourteenth week after the close of a prior extended benefit period with respect to such State.
(2)
When a determination has been made that an extended benefit 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.
(c)

Eligibility Period
For purposes of this title, an individual's eligibility period under the State law shall consist of the weeks in his benefit year which begin in an extended benefit period and, if his benefit year ends within such extended period, any weeks thereafter which begin in such extended benefit period.
(d)

State “On” and “Off” Indicators
For purposes of this section—
(1)
There is a State “on” indicator for a week if the rate of insured unemployment under the State law for the period consisting of such week and the immediately preceding twelve weeks—
(A)
equaled or exceeded 120 per centum of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and
(B)
equaled or exceeded 5 per centum.
(2)
There is a State “off” indicator for a week if, for the period consisting of such week and the immediately preceding twelve weeks, either subparagraph (A) or subparagraph (B) of paragraph (1) is not satisfied.
Effective with respect to compensation for weeks of unemployment beginning after March 30, 1977 (or, if later, the date established pursuant to State law), the State may by law provide that the determination of whether there has been a State “on” or “off” indicator beginning or ending any extended benefit period shall be made under this subsection as if (i) paragraph (1) did not contain subparagraph (A) thereof, and (ii) the figure “5” contained in subparagraph (B) thereof were “6”; except that, notwithstanding any such provision of State law, any week for which there would otherwise be a State “on” indicator shall continue to be such a week and shall not be determined to be a week for which there is a State “off” indicator. Effective with respect to compensation for weeks of unemployment beginning after the date of enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (or, if later, the date established pursuant to State law), and ending on or before December 31, 2013, the State may by law provide that the determination of whether there has been a state “on” or “off” indicator beginning or ending any extended benefit period shall be made under this subsection as if the word “two” were “three” in subparagraph (1)(A). For purposes of this subsection, 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.
(e)

Rate of Insured Unemployment; Covered Employment
(1)
For purposes of subsection (d), the term “rate of insured unemployment” means the percentage arrived at by dividing—
(A)
the average weekly number of individuals filing claims for regular compensation 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
(B)
the average monthly covered employment for the specified period.
(2)
Determinations under subsection (d) shall be made by the State agency in accordance with regulations prescribed by the Secretary.
(f)

Alternative Trigger3
(1)
Effective with respect to compensation for weeks of unemployment beginning after March 6, 1993, the State may by law provide that for purposes of beginning or ending any extended benefit period under this section—
(A)
there is a State “on” indicator for a week if—
(i)
the average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before the close of such week equals or exceeds 6.5 percent, and
(ii)
the average rate of total unemployment in such State (seasonally adjusted) for the 3-month period referred to in clause (i) equals or exceeds 110 percent of such average rate for either (or both) of the corresponding 3-month periods ending in the 2 preceding calendar years; and
(B)
there is a State “off” indicator for a week if either the requirements of clause (i) or clause (ii) of subparagraph (A) are not satisfied.
Notwithstanding the provision of any State law described in this paragraph, any week for which there would otherwise be a State “on” indicator shall continue to be such a week and shall not be determined to be a week for which there is a State “off” indicator.
(2)
Effective with respect to compensation for weeks of unemployment beginning after the date of enactment of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (or, if later, the date established pursuant to State law), and ending on or before December 31, 2013, the State may by law provide that the determination of whether there has been a state “on” or “off” indicator beginning or ending any extended benefit period shall be made under this subsection as if the word “either” were “any”, the word “both” were “all”, and the figure “2” were “3” in clause (1)(A)(ii).
(3)
For purposes of this subsection, determinations of the rate of total unemployment in any State for any period (and of any seasonal adjustment) shall be made by the Secretary.
^3
The heading for this subsection does not conform with headings of other subsections in the this section. The casing should appear as initial cap and small caps.

payments to states
Sec. 204.
[26 U.S.C. 3304 note]
(a)

Amount Payable
(1)
There shall be paid to each State an amount equal to one-half of the sum of—
(A)
the sharable extended compensation, and
(B)
the sharable regular compensation,
paid to individuals under the State law.
(2)
No payment shall be made to any State under this subsection in respect of compensation (A) for which the State is entitled to reimbursement under the provisions of any Federal law other than this Act, (B) paid for the first week in an individual's eligibility period for which extended compensation or sharable regular compensation is paid, if the State law of such State provides for payment (at any time or under any circumstances) of regular compensation to an individual for his first week of otherwise compensable unemployment, (C) paid for any week with respect to which such benefits are not payable by reason of section 233(d) of the Trade Act of 1974, or (D) paid to an individual with respect to a week of unemployment to the extent that such amount exceeds the amount of such compensation which would be paid to such individual if such State had a benefit structure which provided that the amount of compensation otherwise payable to any individual for any week shall be rounded (if not a full dollar amount) to the nearest lower full dollar amount.
(3)
The amount which, but for this paragraph, would be payable under this subsection to any State in respect of any compensation paid to an individual whose base period wages include wages for services to which section 3306(c)(7) of the Internal Revenue Code of 1954 applies shall be reduced by an amount which bears the same ratio to the amount which, but for this paragraph, would be payable under this subsection to such State in respect of such compensation as the amount of the base period wages attributable to such services bears to the total amount of the base period wages.
(b)

Sharable Extended Compensation
For purposes of subsection (a)(1)(A), extended compensation paid to an individual for weeks of unemployment in such individual's eligibility period is sharable extended compensation to the extent that the aggregate extended compensation paid to such individual with respect to any benefit year does not exceed the smallest of the amounts referred to in subparagraphs (A), (B), and (C) of section 202(b)(1).
(c)

Sharable Regular Compensation
For purposes of subsection (a)(1)(B), regular compensation paid to an individual for a week of unemployment is sharable regular compensation—
(1)
if such week is in such individual's eligibility period (determined under section 203(c), and
(2)
to the extent that the sum of such compensation, plus the regular compensation paid (or deemed paid) to him with respect to prior weeks of unemployment in the benefit year, exceeds twenty-six times (and does not exceed thirty-nine, forty-six in any case where section 202(b)(3)(A) applies times) the average weekly benefit amount (including allowances for dependents) for weeks of total unemployment payable to such individual under the State law in such benefit year.
(d)

Payment on Calendar Month Basis
There shall be paid to each State either in advance or by way of reimbursement, as may be determined by the Secretary, such sum as the Secretary estimates the State will be entitled to receive under this title for each calendar month, reduced or increased, as the case may be, by any sum by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made upon the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency.
(e)

Certification
The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payment to the State in accordance with such certification, by transfers from the extended unemployment compensation account to the account of such State in the Unemployment Trust Fund.

definitions
Sec. 205.
[26 U.S.C. 3304 note]
For purposes of this title—
(1)
The term “compensation” means cash benefits payable to individuals with respect to their unemployment.
(2)
The term “regular compensation” means compensation payable to an individual under any State unemployment compensation law (including compensation payable pursuant to 5 U.S.C. chapter 85), other than extended compensation and additional compensation.
(3)
The term “extended compensation” means compensation (including additional compensation and compensation payable pursuant to 5 U.S.C. chapter 85) payable for weeks of unemployment beginning in an extended benefit period to an individual under those provisions of the State law which satisfy the requirements of this title with respect to the payment of extended compensation.
(4)
The term “additional compensation” means compensation payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors.
(5)
The term “benefit year” means the benefit year as defined in the applicable State law.
(6)
The term “base period” means the base period as determined under applicable State law for the benefit year.
(7)
The term “Secretary” means the Secretary of Labor of the United States.
(8)
The term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
(9)
The term “State agency” means the agency of the State which administers its State law.
(10)
The term “State law” means the unemployment compensation law of the State, approved by the Secretary under section 3304 of the Internal Revenue Code of 1954.
(11)
The term “week” means a week as defined in the applicable State law.

approval of state laws
Sec. 206.
[26 U.S.C. 3304]
Section 3304(a) of the Internal Revenue Code of 1954 is amended by inserting after paragraph (10) (added by section 121(a) of this Act) the following new paragraph:
“(11)
extended compensation shall be payable as provided by the Federal-State Extended Unemployment Compensation Act of 1970;”
.

effective dates
Sec. 207.
[26 U.S.C. 3304 note]
(a)
Except as provided in subsection (b)—
(1)
in applying section 203, no extended benefit period may begin with a week beginning before January 1, 1972; and
(2)
section 204 shall apply only with respect to weeks of unemployment beginning after December 31, 1971.
(b)
(1)
In the case of a State law approved under section 3304(a)(11) of the Internal Revenue Code of 1954, such State law may also provide that an extended benefit period may begin with a week established pursuant to such law which begins earlier than January 1, 1972, but not earlier than 60 days after the date of the enactment of this Act.
(2)
For purposes of paragraph (1) with respect to weeks beginning before January 1, 1972, the extended benefit period for the State shall be determined under section 203(a) solely by reference to the State “on” indicator and the State “off” indicator.
(3)
In the case of a State law containing a provision described in paragraph (1), section 204 shall also apply with respect to weeks of unemployment in extended benefit periods determined pursuant to paragraph (1).
(c)
Section 3304(a)(11) of the Internal Revenue Code of 1954 (as added by section 206) shall not be a requirement for the State law of any State—
(1)
in the case of any State the legislature of which does not meet in a regular session which closes during the calendar year 1971, with respect to any week of unemployment which begins prior to July 1, 1972; or
(2)
in the case of any other State, with respect to any week of unemployment which begins prior to January 1, 1972.

authority to conduct self-employment assistance programs
Sec. 208.
[26 U.S.C. 3304 note]
(a)
(1)
At the option of a State, for any weeks of unemployment beginning after the date of enactment of this section, the State agency of the State may establish a self-employment assistance program, as described in subsection (b), to provide for the payment of extended compensation as self-employment assistance allowances to individuals who would otherwise satisfy the eligibility criteria under this title.
(2)
Subject to paragraph (3), the self-employment assistance allowance described in paragraph (1) shall be paid to an eligible individual from such individual's extended compensation account, as described in section 202(b), and the amount in such account shall be reduced accordingly.
(3)
(A)
Subject to subparagraph (B), for purposes of self-employment assistance programs established under this section and section 4001(j) of the Supplemental Appropriations Act, 2008, an individual shall be provided with self-employment assistance allowances under such programs for a total of not greater than 26 weeks (referred to in this section as the “combined eligibility limit”).
(B)
For purposes of an individual who is participating in a self-employment assistance program established under this section and has not reached the combined eligibility limit as of the date on which such individual exhausts all rights to extended compensation under this title, the individual shall be eligible to receive self-employment assistance allowances under a self-employment assistance program established under section 4001(j) of the Supplemental Appropriations Act, 2008, until such individual has reached the combined eligibility limit, provided that the individual otherwise satisfies the eligibility criteria described under title IV of such Act.
(b)
For the purposes of this section, the term “self-employment assistance program” means a program as defined under section 3306(t) of the Internal Revenue Code of 1986, except as follows:
(1)
all references to “regular unemployment compensation under the State law” shall be deemed to refer instead to “extended compensation under title II of the Federal-State Extended Unemployment Compensation Act of 1970”;
(2)
paragraph (3)(B) shall not apply;
(3)
clause (i) of paragraph (3)(C) shall be deemed to state as follows:
“(i)
include any entrepreneurial training that the State or non-profit organizations may provide in coordination with programs of training offered by the Small Business Administration, which may include business counseling, mentorship for participants, access to small business development resources, and technical assistance; and”
;
(4)
the reference to “5 percent” in paragraph (4) shall be deemed to refer instead to “1 percent”; and
(5)
paragraph (5) shall not apply.
(c)
In the case of an individual who is eligible to receive extended compensation under this title, such individual shall not receive self-employment assistance allowances under this section unless the State agency has a reasonable expectation that such individual will be entitled to at least 13 times the individual's average weekly benefit amount of extended compensation and emergency unemployment compensation.
(d)
(1)
An individual who is participating in a self-employment assistance program established under this section may elect to discontinue participation in such program at any time.
(2)
For purposes of an individual whose participation in a self-employment assistance program established under this section is terminated pursuant to subsection (a)(3) or who has discontinued participation in such program, if the individual continues to satisfy the eligibility requirements for extended compensation under this title, the individual shall receive extended compensation payments with respect to subsequent weeks of unemployment, to the extent that amounts remain in the account established for such individual under section 202(b).