Sec. 31-232b. Extended benefits: Definitions.
Sec. 31-232b. Extended benefits: Definitions. As used in subsection (d) of section 31-222 and sections 31-231b, 31-232a to 31-232k, inclusive, 31-236(a)(8) and 31-250, unless the context clearly requires otherwise:
(a) (1) "Extended benefit period" means a period which (A) begins with the third
week after a week for which there is a state "on" indicator; and (B) ends with either of
the following weeks, whichever occurs later: (i) The third week after the first week for
which there is a state "off" indicator; or (ii) the thirteenth consecutive week of such
period; provided no extended benefit period may begin by reason of a state "on" indicator
before the fourteenth week following the end of a prior extended benefit period which
was in effect with respect to this state.
(2) With respect to benefits for weeks of unemployment beginning after September
26, 1982, there is a state "on" indicator for a week if, for the period consisting of such
week and the immediately preceding twelve weeks, the rate of insured unemployment,
as defined in subdivision (4) of this subsection, (A) equaled or exceeded five per cent
and equaled or exceeded one hundred twenty per cent of the average of such rates for
the corresponding thirteen-week period ending in each of the preceding two calendar
years, or (B) equaled or exceeded six per cent.
(3) With respect to benefits for weeks of unemployment beginning after June 23,
1993, there is a state "on" indicator for a week if the average rate of total unemployment
in the state, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before
the close of such week (A) equals or exceeds six and one-half per cent, and (B) equals
or exceeds one hundred ten per cent of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years.
(4) There is a state "off" indicator for a week only if, for the period consisting of
such week and the immediately preceding twelve weeks, none of the options specified
in subdivisions (2) and (3) of this section result in an "on" indicator.
(5) "Rate of insured unemployment", for the purposes of subdivisions (2) and (3)
of this subsection, means the percentage derived by dividing (A) the average weekly
number of individuals filing claims for regular benefits in this state for weeks of unemployment with respect to the most recent thirteen-consecutive-week period, as determined by the administrator on the basis of his reports to the United States Secretary of
Labor, by (B) the average monthly employment covered under the provisions of this
chapter, for the first four of the most recent six completed calendar quarters ending
before the end of such thirteen-week period.
(6) "Regular benefits" means benefits payable to an individual under this chapter,
or under any other state law, including benefits payable to federal civilian employees
and to ex-servicemen pursuant to 5 USC Chapter 85, other than extended benefits and
additional benefits.
(7) "Extended benefits" means benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 USC Chapter 85, payable to an individual under the provisions of subsection (d) of section 31-222 and sections 31-231b,
31-232a to 31-232k, inclusive, 31-236(a)(8) and 31-250 for weeks of unemployment
in his eligibility period.
(8) "Additional benefits" means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions
of section 31-232a.
(9) "Eligibility period" of an individual means the period consisting of the weeks
in his benefit year which begin in an extended benefit period and, if his benefit year
ends within such extended benefit period, any weeks thereafter which begin in such
period.
(10) "Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period: (A) Has received, prior to such week, all of the regular
benefits that were available to him under this chapter, or any other state law, including
dependents' allowances and benefits payable to federal civilian employees and ex-servicemen under 5 USC Chapter 85, in his current benefit year that includes such week;
provided, for the purposes of this subparagraph, an individual shall be deemed to have
received all of the regular benefits that were available to him although, as a result of a
pending appeal with respect to wages or employment or both that were not considered
in the original monetary determination in his benefit year, he may subsequently be
determined to be entitled to added regular benefits; or (B) his benefit year having expired
prior to such week, has no, or insufficient, wages or employment or both on the basis
of which he could establish a new benefit year that would include such week; and (C)
(i) has no right to unemployment benefits or allowances, as the case may be, under the
Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the Automotive Products Trade Act of 1965 and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and (ii) has not received and is
not seeking unemployment benefits under the unemployment compensation law of the
Virgin Islands or of Canada, provided that the reference to the Virgin Islands shall be
inapplicable effective on the day after the day on which the United States Secretary of
Labor approves under Section 3304(a) of the Internal Revenue Code of 1986, or any
subsequent corresponding internal revenue code of the United States, as from time to
time amended, an unemployment compensation law submitted to the Secretary by the
Virgin Islands for approval; but, if he is seeking such benefits and the appropriate agency
finally determines that he is not entitled to benefits under such law, he is considered an
exhaustee.
(11) "State law" means the unemployment insurance law of any state, approved by
the United States Secretary of Labor under Section 3304 of the Internal Revenue Code
of 1986, or any subsequent corresponding internal revenue code of the United States,
as from time to time amended.
(12) "High unemployment period" means any period during which an extended
benefit period would be in effect if subparagraph (A) of subdivision (3) of subsection
(a) of this section were applied by substituting eight per cent for six and one-half per cent.
(b) "Wages" means all remuneration for employment as defined in subsection (b)
of section 31-222.
(c) "Administrator" means the Labor Commissioner, as defined in subsection (c)
of section 31-222.
(October, 1970, P.A. 1, S. 1; P.A. 75-525, S. 8, 13; P.A. 77-426, S. 4, 19; P.A. 78-368, S. 8, 11; P.A. 81-6; 81-17, S.
2, 9; P.A. 82-361, S. 1, 10; P.A. 89-211, S. 32; P.A. 93-243, S. 12, 15; 93-419, S. 5, 6, 9.)
History: P.A. 75-525 added references to Sec. 31-222(d) and deleted references to Sec. 31-226(g); P.A. 77-426 redefined
state and national "on" and "off" indicators and clarified applicability re Virgin Islands in Subdiv. (11); P.A. 78-368
redefined state "on" and "off" indicators; P.A. 81-6 clarified the definitions of state "on" and "off" indicators in Subsec.
(a)(4) and (5); P.A. 81-17 extended the use of such definitions to Sec. 31-232k; P.A. 82-361 removed the national "on"
and "off" indicators for extended benefits and increased the state "on" indicator to a rate of insured unemployment which
equals or exceeds 5%, instead of 4%, and which equals or exceeds 120% of the average rates for the corresponding period
in the previous two calendar years, or an insured unemployment rate of 6% or more, instead of 5%, effective September
26, 1982; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; (Revisor's note: In 1991 references to
"31-236(8)" were changed editorially by the Revisors to read "31-236(a)(8)"); P.A. 93-243 amended Subsec. (a) to change
the circumstances under which a state "on" and "off" indicator is triggered, and to define "high unemployment period",
effective June 23, 1993; P.A. 93-419 amended Subsec. (a)(2) to delete change re triggering of "on" indicator added by
P.A. 93-243 and amended Subsec. (a)(3) to require that condition set forth in both Subparas. (A) and (B) be met where
previously either could be met, effective July 1, 1993.
Cited. 40 CS 90.