1999 Minnesota Statutes

  268.115 Extended benefits. 

    Subdivision 1.    Definitions.  The terms used in this 
 section shall have the following meaning:  

    (1) "Extended benefit period" means a period that lasts for 
 a minimum of 13 weeks and that:  

    (i) Begins with the third week after there is a state "on" 
 indicator; and 

    (ii) Ends with the third week after there is a state "off" 
 indicator. 

    No extended benefit period may begin before the 14th week 
 following the end of a prior extended benefit period. 

    (2) There is a "state 'on' indicator" for a week if:  

    (i) for that week and the prior 12 weeks, the rate of 
 insured unemployment: 

    (a) equaled or exceeded 120 percent of the average of the 
 rates for the corresponding 13-week period ending in each of the 
 prior two calendar years, and was five percent or more; or 

    (b) equaled or exceeded six percent; or 

    (ii) The United States Secretary of Labor determines that 
 the average rate of seasonally adjusted total unemployment in 
 Minnesota for the most recent three months for which data is 
 published equals or exceeds 6.5 percent and this rate equals or 
 exceeds 110 percent of the rate of the corresponding three-month 
 period in either of the prior two calendar years.  

    (3) There is a "state 'off' indicator" for a week if: 

    (i) under clause (2)(i), for that week and the prior 12 
 weeks, the requirements for a "state 'on' indicator" are not 
 satisfied; or 

    (ii) under clause (2)(ii) the requirements for a "state 
 'on' indicator" are not satisfied. 

    (4) "Rate of insured unemployment," means the percentage 
 derived by dividing the average weekly number of applicants 
 filing continued requests for regular benefits in the most 
 recent 13-week period by the average monthly covered employment 
 for the first four of the last six completed calendar quarters 
 before the end of that 13-week period. 

    (5) "Regular benefits" means benefits available to an 
 applicant other than extended benefits and additional benefits.  

    (6) "Eligibility period" for an applicant means the period 
 consisting of the weeks remaining in the applicant's benefit 
 year within the extended benefit period and, if the benefit year 
 ends within the extended benefit period, any weeks in the 
 extended benefit period. 

    (7) "Exhaustee" means an applicant who, in the eligibility 
 period: 

    (a) the benefit year having not expired has received the 
 maximum amount of regular benefits that were available under 
 section 268.07; 

    (b) the benefit year having expired, has insufficient wage 
 credits to establish a new benefit account; and 

    (c) has no right to any type of reemployment compensation 
 benefits under the law of any other state or under federal laws 
 and is not receiving reemployment compensation benefits under 
 the law of Canada. 

    Subd. 2. Repealed by amendment, 1999 c 107 s 48 

    Subd. 3.    Requirements for extended benefits.  If an 
 extended benefit period is in effect, an applicant shall be paid 
 extended benefits from the fund for any week in the applicant's 
 eligibility period if the applicant:  

    (1) is an "exhaustee"; 

    (2) has satisfied the same requirements as those for 
 regular benefits under section 268.069; 

    (3) has wage credits of not less than 40 times the weekly 
 benefit amount; and 

    (4) is not subject to a denial of extended benefits under 
 subdivision 9.  

    Subd. 4.    Weekly extended benefit amount.  The weekly 
 extended benefit amount shall be the same as the weekly benefit 
 amount of regular benefits. 

    Subd. 5.    Maximum amount of extended benefits.  The 
 maximum amount of extended benefits available to an applicant 
 shall be 50 percent of the maximum amount of regular benefits 
 available in the benefit year.  If the total rate of 
 unemployment computed under subdivision 1, clause (2)(ii), 
 equaled or exceeded eight percent, the maximum amount of 
 extended benefits available shall be 80 percent of the maximum 
 amount of regular benefits available in the benefit year.  

    Subd. 6.    Public announcement.  Whenever an extended 
 benefit period is to begin as a result of a state "on" 
 indicator, or an extended benefit period is to end as a result 
 of a state "off" indicator the commissioner shall make an 
 appropriate public announcement. 

    Subd. 7.    Federal law.  This section is enacted to 
 conform to the requirements of United States Code, title 26, 
 section 3304, the Federal-State Extended Unemployment 
 Compensation Act of 1970 as amended and the applicable federal 
 regulations. 

    Subd. 8.    Interstate applicants.  An applicant 
 residing in a state other than Minnesota shall be eligible for 
 only the first two weeks of extended benefits if the applicant's 
 benefit account was established pursuant to the interstate 
 benefit payment plan and no extended benefit period is in effect 
 for the week in that state.  

    Subd. 9.    Denial provisions.  (a) An applicant shall 
 be denied extended benefits for any week in the applicant's 
 eligibility period if during that week the applicant failed to 
 accept any offer of suitable employment, failed to apply for any 
 suitable employment that the applicant was referred to by the 
 commissioner, or failed to actively seek suitable employment. 

    The denial shall continue until the applicant has been 
 employed in covered employment in each of four subsequent weeks, 
 whether or not consecutive, and had earnings from that covered 
 employment of not less than four times the applicant's weekly 
 benefit amount. 

    (b) For the purpose of this subdivision "suitable 
 employment" means any employment that is within the applicant's 
 capabilities and that has a gross average weekly wage that 
 exceeds the applicant's weekly benefit amount.  The employment 
 must pay wages not less than the higher of the federal minimum 
 wage without regard to any exemption, or the applicable state 
 minimum wage.  

    (c) No applicant shall be denied extended benefits for 
 failure to accept an offer of or apply for any suitable 
 employment if:  

    (1) the position was not offered to the applicant in 
 writing; 

    (2) the position was not listed with the job service; or 

    (3) the applicant furnishes satisfactory evidence that 
 prospects for obtaining employment in the applicant's customary 
 occupation within a reasonably short period are good.  If the 
 evidence is satisfactory, the determination of whether any 
 employment is suitable shall be made in accordance with the 
 definition of suitable employment in section 268.035, 
 subdivision 23a.  

    (d) For the purpose of this subdivision an applicant is 
 "actively seeking suitable employment" only if the applicant has 
 engaged in a systematic and sustained effort to obtain 
 employment, and the applicant furnishes tangible evidence of 
 that effort.  

    Subd. 10.    Job service referral.  The job service 
 shall refer any applicant who is filing continued requests for 
 extended benefits to any employment that is suitable under 
 subdivision 9. 

    HIST: 1971 c 61 s 1; 1974 c 355 s 58; 1975 c 1 s 1; 1975 c 336 
 s 12; 1977 c 297 s 13,14; 1Sp1982 c 1 s 16-21; 1983 c 372 s 19; 
 1985 c 248 s 70; 1986 c 444; 1987 c 362 s 16; 1992 c 484 s 9; 
 1993 c 13 art 1 s 33; 1997 c 66 s 33-35,79,80; 1998 c 265 s 
 44,45; 1999 c 107 s 48,66