1998 Minnesota Statutes

   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