268.115 Extended benefits.
Subdivision 1. Definitions. As used in this section, unless the context clearly requires otherwise:
(1) Extended benefit period. "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: The third week after the first week for which there is a state "off" indicator; or the 13th consecutive week of the period;
Provided, that no extended benefit period may begin before the 14th week following the end of a prior extended benefit period which was in effect with respect to this state.
(2) State "on" indicator. There is a "state 'on' indicator" for this state for a week if the commissioner determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under this law
(a) equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding two calendar years, and
(b) equaled or exceeded five percent.
The determination of whether there has been a state "on" indicator beginning any extended benefit period may be made as provided in clauses (a) and (b) above or a "state 'on' indicator" shall exist if the rate described in clause (b) equaled or exceeded six percent irrespective of whether the percentage requirement provided by clause (a) is met or exceeded.
(3) State "off" indicator. There is a "state 'off' indicator" for this state for a week if, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment is less than six percent and the requirements for a "state 'on' indicator" under clause (2) are not satisfied.
(4) Rate of insured unemployment. "Rate of insured unemployment," for purposes of clauses (2) and (3), means the percentage derived by dividing the average weekly number of individuals filing claims for regular benefits in this state for weeks of unemployment with respect to the most recent 13 consecutive week period, as determined by the commissioner on the basis of the commissioner's reports to the United States Secretary of Labor, by the average monthly employment covered under this law for the first four of the most recent six completed calendar quarters ending before the end of such 13-week period.
(5) Regular benefits. "Regular benefits" means benefits payable to an individual under this law or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to United States Code, title 5, chapter 85) other than extended benefits and additional benefits.
(6) Extended benefits. "Extended benefits" means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to United States Code, title 5, chapter 85) payable to an individual under the provisions of this section for weeks of unemployment in the individual's eligibility period.
(7) Additional benefits. "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 any state law.
(8) Eligibility period. "Eligibility period" of an individual means the period consisting of the weeks in the individual's benefit year which begin in an extended benefit period and, if the benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
(9) Exhaustee. "Exhaustee" means an individual who, with respect to any week of unemployment in the individual's eligibility period:
(a) Has received, prior to such week, all of the regular benefits that were available under this law or any other state law (including dependents' allowances and benefits payable to federal civilian employees and ex-servicemen under United States Code, title 5, chapter 85) in the individual's current benefit year that includes such week;
Provided, that, for the purposes of this paragraph, an individual shall be considered to have received all of the regular benefits that were available to the individual although as a result of a pending appeal with respect to wage credits that were not considered in the original monetary determination in the individual's benefit year, the individual may subsequently be determined to be entitled to added regular benefits; or
(b) The individual's benefit year having expired prior to such week, has no, or insufficient, wages and/or employment on the basis of which the individual could establish a new benefit year that would include such week or having established a benefit year that includes such week, the individual is precluded from receiving regular compensation by reason of: (i) a state law provision which meets the requirements of section 3304 (a) (7) of the Internal Revenue Code of 1954, or (ii) a disqualification determination which canceled wage credits or totally reduced benefit rights, or (iii) benefits are not payable by reason of a seasonal limitation in a state reemployment insurance benefits law; and
(c) Has no right to reemployment insurance benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the Automotive Products Act of 1965 and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and has not received and is not seeking reemployment insurance benefits under the unemployment compensation law of Canada; but if the individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under such law the individual is considered an exhaustee.
(10) State law. "State law" means the reemployment insurance benefits law of any state, approved by the United States Secretary of Labor under section 3304 of the Internal Revenue Code of 1954.
Subd. 2. Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits. Except when the result would be inconsistent with the other provisions of this section, as provided in the rules of the commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.
Subd. 3. Eligibility requirements for extended benefits. A claimant shall be eligible to receive extended benefits with respect to any week in the claimant's eligibility period only if with respect to that week the claimant:
(1) is an "exhaustee" as defined in subdivision 1, paragraph (9);
(2) has satisfied the requirements of this law for the receipt of regular benefits that are applicable to claimants claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; and
(3) has, during the claimant's base period earned wage credits available for benefit purposes of not less than 40 times the claimant's weekly benefit amount as determined pursuant to section 268.07, subdivision 2.
Subd. 4. Weekly extended benefit amount. The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period shall be an amount equal to the weekly benefit amount payable during the individual's applicable benefit year.
Subd. 5. Total extended benefit amount. The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year shall be 50 percent of the total amount of regular benefits which were payable under this law in the applicable benefit year, provided that at the expiration of the benefit year, the individual's remaining balance of extended benefits shall be reduced, but not below zero, by the product arrived at by multiplying the individual's weekly extended benefit amount by the number of weeks in the individual's expired benefit year for which any trade readjustment allowance was paid pursuant to sections 231 to 234 of the Trade Act of 1974, as amended.
Subd. 6. Beginning and termination of extended benefit period. (a) Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator, or an extended benefit period is to be terminated in this state as a result of a state "off" indicator the commissioner shall make an appropriate public announcement.
(b) Computations required by the provisions of subdivision 1, paragraph (4), shall be made by the commissioner, in accordance with regulations prescribed by the United States Secretary of Labor.
Subd. 7. Effect of federal law. If the Federal-State Extended Unemployment Compensation Act of 1970 is amended so as to authorize this state to pay benefits for an extended benefit period in a manner other than that currently provided by this section, then, and in such case, all the terms and conditions contained in the amended provisions of such federal law shall become a part of this section to the extent necessary to authorize the payment of benefits to eligible individuals as permitted under such amended provision, provided that the federal share continues to be at least 50 percent of the extended benefits paid to individuals under the extended benefit program. The commissioner shall also pay benefits at the earliest possible date in the manner allowed by the Federal-State Unemployment Compensation Act of 1970, as amended through January 1, 1975, the provisions of which shall become a part of this section to the extent necessary to authorize the payment of benefits to eligible individuals.
Subd. 8. Interstate claims. An individual shall not be eligible for extended benefits for any week if:
(a) Extended benefits are payable for that week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and
(b) No extended benefit period is in effect for the week in that state. This subdivision shall not apply to the first two weeks for which extended benefits are payable pursuant to an interstate claim filed under the interstate benefit payment plan to the individual from the extended benefit account established for the individual with respect to the benefit year.
Subd. 9. Eligibility requirements. Notwithstanding the provisions of subdivision 2, a claimant shall be ineligible for the payment of extended benefits for any week in the claimant's eligibility period if during that week the claimant failed to accept any offer of suitable employment, failed to apply for any suitable employment to which referred by the commissioner or failed to actively seek employment.
Any claimant who has been found ineligible for extended benefits for any week by reason of this subdivision shall also be denied benefits until the claimant has been employed in each of four subsequent weeks, whether or not consecutive, and has earned remuneration of not less than four times the claimant's extended weekly benefit amount.
For the purpose of this subdivision "suitable employment" means any employment which is within the claimant's capabilities and which has a gross average weekly remuneration payable which exceeds the sum of the claimant's weekly benefit amount as determined under subdivision 4 plus the amount, if any, of supplemental reemployment insurance benefits, as defined in section 501(c) (17) (D) of the Internal Revenue Code of 1954, as amended, payable to the claimant for that week. 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.
No claimant shall be denied extended benefits for failure to accept an offer of or apply for any suitable employment if:
(a) the position was not offered to the claimant in writing or was not listed with employment service;
(b) the failure could not result in a denial of benefits under the definition of suitable employment for regular benefit claimants in section 268.095 to the extent that the criteria of suitability is not inconsistent with this subdivision; or
(c) the claimant furnishes satisfactory evidence to the commissioner that prospects for obtaining employment in the claimant's customary occupation within a reasonably short period are good.
If the evidence furnished is found to be satisfactory for this purpose, the determination of whether any employment is suitable for the claimant shall be made in accordance with the definition of suitable employment in section 268.095, subdivision 9, paragraph (a), without regard to the definition or special disqualification specified in this subdivision.
No employment shall be found to be suitable employment for a claimant which would not be suitable employment under section 268.095, subdivision 9, paragraph (b).
For the purpose of this subdivision a claimant is "actively seeking employment" during any week if the claimant has engaged in a systematic and sustained effort to obtain employment during the week, and the claimant furnishes tangible evidence of engaging in that effort during the week.
The employment service shall refer any claimant entitled to extended benefits under this section to any employment which is suitable employment for that claimant under this subdivision.
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
Official Publication of the State of Minnesota
Revisor of Statutes