MS 1974 [Expired]
268.115 EXTENDED UNEMPLOYMENT BENEFITS.
Subdivision 1. Definitions.
The terms used in this section have the following meaning:
(1) "Extended unemployment 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 unemployment benefit period may begin before the 14th week following the
end of a prior extended unemployment 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 unemployment 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 unemployment benefits" means unemployment benefits available to an applicant
other than extended unemployment benefits and additional unemployment benefits.
(6) "Eligibility period" for an applicant means the period consisting of the weeks remaining
in the applicant's benefit year within the extended unemployment benefit period and, if the
benefit year ends within the extended unemployment benefit period, any weeks in the extended
unemployment benefit period.
(7) "Exhaustee" means an applicant who, in the eligibility period:
(i) the benefit year having not expired has received the maximum amount of regular
unemployment benefits that were available under section
(ii) the benefit year having expired, has insufficient wage credits to establish a new benefit
has no right to any type of unemployment benefits under any other state or federal laws and is
not receiving unemployment benefits under the law of Canada.
Subd. 2.[Repealed by amendment, 1999 c 107 s 48
Subd. 3. Requirements for extended unemployment benefits.
If an extended
unemployment benefit period is in effect, an applicant is paid extended unemployment benefits
from the trust 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 unemployment benefits under
(3) has wage credits of not less than 40 times the weekly unemployment benefit amount; and
(4) is not subject to a denial of extended unemployment benefits under subdivision 9.
Subd. 4. Weekly extended unemployment benefit amount.
The weekly extended
unemployment benefit amount is the same as the weekly unemployment benefit amount of regular
Subd. 5. Maximum amount of extended unemployment benefits.
The maximum amount
of extended unemployment benefits available to an applicant is 50 percent of the maximum
amount of regular unemployment benefits available in the benefit year, rounded down to the next
lower whole dollar. If the total rate of unemployment computed under subdivision 1, clause
(2)(ii), equaled or exceeded eight percent, the maximum amount of extended unemployment
benefits available is 80 percent of the maximum amount of regular unemployment benefits
available in the benefit year.
Subd. 6. Public announcement.
Whenever an extended unemployment benefit period is
to begin as a result of a state "on" indicator, or an extended unemployment benefit period is
to end as a result of a state "off" indicator the commissioner shall make an appropriate public
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 unemployment benefits if the applicant's benefit
account was established under the interstate benefit payment plan and no extended unemployment
benefit period is in effect for the week in that state.
Subd. 9. Denial provisions.
(a) An applicant is denied extended unemployment 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 continues 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 unemployment 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 unemployment 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 may be denied extended unemployment 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 is 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 must refer any applicant who is filing
continued requests for extended unemployment benefits to any employment that is suitable under
History: 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; 2000
c 343 s 4; 1Sp2003 c 3 art 2 s 20; 2004 c 183 s 72; 2007 c 128 art 3 s 24; art 6 s 80