Title 28
Labor and Labor Relations

Chapter 44
Employment Security — Benefits

§ 28-44-62. Extended benefits.

(a) Definitions.  As used in this section, unless the context clearly requires otherwise:

(1) “Eligibility period” of an individual means the period consisting of the weeks in his or her benefit year that begin in an extended period that is in effect in this state and, if his or her benefit year ends within that extended benefit period, any weeks thereafter that begin in that period.

(2) “Extended benefit period” means a period that:

(i) Begins with the third week after the first week for which there is a state “on” indicator; and

(ii) Ends with either of the following weeks, whichever occurs later: (A) The third (3rd) week after the first week for which there is a state “off” indicator; or (B) The thirteenth (13th) consecutive week of that period; provided, that 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; and provided, further, that no extended benefit period may become effective in this state prior to the sixty-first (61st) day following the date of enactment of the Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C. § 3304), and that, on and after January 1, 1972, either state or national indicators shall be applicable.

(iii) There is a “state ‘on’ indicator” for this state for a week, beginning after September 25, 1982, and prior to December 18, 2010, or beginning on or after January 1, 2012, if:

(A) The director determines, in accordance with regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve (12) weeks, the rate of insured unemployment not seasonally adjusted under this chapter:

(I) Equaled or exceeded one hundred twenty percent (120%) of the average of those rates for the corresponding thirteen-week (13) period ending in each of the preceding two (2) calendar years; and

(II) Equaled or exceeded five percent (5%); or

(B) The director determines, in accordance with regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve (12) weeks, the rate of insured unemployment not seasonally adjusted under this chapter equaled or exceeded six percent (6%), regardless of the insured unemployment rate in previous years; or

(C) With respect to benefits for weeks of unemployment beginning after March 6, 1993, and prior to December 18, 2010, or beginning on or after January 1, 2012, the average rate of total unemployment seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three (3) months for which data for all states are published before the close of that week:

(I) Equals or exceeds 6.5 percent (6.5%); and

(II) Equals or exceeds one hundred ten percent (110%) of such average for either or both of the corresponding three-month (3) periods ending in the two (2) preceding calendar years.

(D) Notwithstanding any provision of this subdivision, any week for which there would otherwise be a state “on” indicator shall continue to be such a week and shall not be determined to be a week for which there is a state “off” indicator.

(iv) There is a “state ‘on’ indicator” for this state for a week, beginning on or after December 18, 2010, and ending on or before December 31, 2011, if:

(A) The director determines, in accordance with regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve (12) weeks, the rate of insured unemployment not seasonally adjusted under this chapter:

(I) Equaled or exceeded one hundred twenty percent (120%) of the average of those rates for the corresponding thirteen-week (13) period ending in each of the preceding three (3) calendar years; and

(II) Equaled or exceeded five percent (5%); or

(B) The director determines, in accordance with regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding twelve (12) weeks, the rate of insured unemployment not seasonally adjusted under this chapter equaled or exceeded six percent (6%), regardless of the insured unemployment rate in previous years; or

(C) With respect to benefits for weeks of unemployment beginning on or after December 18, 2010, and ending on or before December 31, 2011, the average rate of total unemployment seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent three (3) months for which data for all states are published before the close of that week:

(I) Equals or exceeds six and one-half percent (6.5%); and

(II) Equals or exceeds one hundred ten percent (110%) of such average for any or all of the corresponding three-month (3) periods ending in the three (3) preceding calendar years.

(D) Notwithstanding any provision of this subdivision, any week for which there would otherwise be a state “on” indicator shall continue to be such a week and shall not be determined to be a week for which there is a state “off” indicator.

(v)(A) There is a state “off” indicator for this state for a week beginning after March 6, 1993, and prior to December 18, 2010, or beginning on or after January 1, 2012, if in the period consisting of the week and the immediately preceding twelve (12) weeks, none of the options specified in subsections (a)(2)(iii)(A), (B), and (C) of this section result in an “on” indicator; or

(B) There is a state “off” indicator for this state for a week beginning on or after December 18, 2010, and ending on or before December 31, 2011, if in the period consisting of the week and the immediately preceding twelve (12) weeks, none of the options specified in subsections (a)(2)(iv)(A), (B), and (C) of this section result in an “on” indicator.

(3) “Extended benefits” means benefits, including benefits payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq., payable to an individual under the provisions of this section for weeks of unemployment in his or her eligibility period.

(4)(i) “Rate of insured unemployment,” for purposes of subsection (a)(2)(iii) of this section, means the percentage derived by dividing:

(A) The average weekly number of individuals filing claims for regular benefits for weeks of unemployment with respect to the most recent thirteen (13) consecutive week period, as determined by the director on the basis of reports submitted to the Secretary of Labor, by

(B) The average monthly covered employment for the first four (4) of the most recent six (6) completed calendar quarters ending before the end of the thirteen-week (13) period.

(ii) Computations required by the provisions of this subdivision shall be made by the director, in accordance with the regulations prescribed by the Secretary of Labor.

(5) “Regular benefits” means benefits, including dependents’ allowances, payable to an individual under chapters 42 — 44 of this title, or under any other state law, including benefits payable to federal civilian employees and to ex-servicepersons pursuant to 5 U.S.C. § 8501 et seq., other than extended benefits.

(6) “State” includes any state of the United States of America, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

(7) “State law” means the unemployment insurance law of any state, approved by the Secretary of Labor under 26 U.S.C. § 3304.

(8) “Suitable work” means, with respect to any individual, any work that is within that individual’s capabilities; provided, however:

(i) That the gross average weekly remuneration payable for the work must exceed the sum of the individual’s weekly benefit amount as determined under subsection (g) of this section plus the amount, if any, of supplemental unemployment benefits, as defined in 26 U.S.C. § 501(c)(17)(D), payable to that individual for that week; and

(ii) That wages for such work are not less than the higher of:

(A) The minimum wage provided by 29 U.S.C. § 206(a)(1) without regard to any exemption; or

(B) The applicable state or local minimum wage.

(b) 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 and as otherwise provided in the employment security rules, the provisions of chapters 42 — 44 of this title that apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits provided under this section.

(c) Eligibility requirements for extended benefits.  An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period only if the director finds that:

(1) He or she has, prior to that week, exhausted all of his or her rights to regular benefits provided under chapters 42 — 44 of this title because either:

(i) He or she has received all of those benefits that were available to him or her in his or her current benefit year; or

(ii) His or her benefit year has expired prior to that week, and he or she has insufficient wages and/or insufficient weeks of employment on which to establish a new benefit year that would include that week; and

(2) With respect to that week of unemployment:

(i) He or she has exhausted all his or her rights to regular benefits available to him or her under any state law, including benefits payable to federal civilian employees and ex-servicepersons under 5 U.S.C. § 8501 et seq.;

(ii) He or she has no rights to allowances or unemployment benefits under any other federal law, such as the Railroad Unemployment Insurance Act [45 U.S.C. § 351 et seq.];

(iii) He or she has not received unemployment benefits under the law of Canada; and

(iv) He or she is not disqualified or ineligible for benefits under any provisions of chapters 42 — 44 of this title, to the extent that those provisions, pursuant to subsection (b) of this section or the regulations adopted pursuant to that paragraph, are applicable to the claims for, and the payment of, extended benefits provided under this section; provided, that for purposes of subsection (c)(1) of this section, an individual shall be deemed to have exhausted his or her regular benefit rights with respect to any week of unemployment when he or she may become entitled to regular benefits with respect to that week, or future weeks, but those benefits are not payable at the time he or she claims extended benefits because final action has not yet been taken on a pending appeal with respect to regular benefits based on wages and/or employment which were not considered in the prior determination of his or her benefits.

(3) Notwithstanding the provisions of this subsection, an individual filing an initial claim for extended benefits effective March 7, 1993, or after shall not be eligible for extended compensation for any week of unemployment, unless in the base period with respect to which the individual exhausted all rights to regular benefits provided under chapters 42 — 44 of this title, the individual:

(i) Had earnings in insured employment under chapters 42 — 44 of this title that equaled or exceeded forty (40) times the individual’s weekly benefit amount, including dependent’s allowance; or

(ii) Had been paid wages for insured employment under chapters 42 — 44 of this title that equaled or exceeded one and one-half (1¹/₂) times the individual’s insured wages in the calendar quarter of the base period in which the individual’s insured wages were the highest; or

(iii) Had twenty (20) weeks of full-time work in insured employment under chapters 42 — 44 of this title.

(d) Suitable work and work search requirements for extended benefits.

(1)  Notwithstanding the provisions of subsection (b) of this section, an individual shall be ineligible for payment of extended benefits for any week of unemployment beginning on or after April 1, 1981, if the director finds that during that period:

(i) He or she failed to accept an offer of suitable work as defined under subsection (a) of this section or failed to apply for any suitable work to which he or she was referred by the director; or

(ii) He or she failed to actively engage in seeking work as prescribed under subsection (d)(3) of this section.

(2) Any individual who has been found ineligible for extended benefits by reason of the provisions in subsection (d)(1) of this section shall also be denied benefits beginning the first day of the week following the week in which that failure occurred and until he or she has been employed, except in self-employment, in each of four (4) subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four (4) times the extended weekly benefit amount. No individual shall be denied extended benefits for failure to accept an offer of or to apply for any job which meets the definition of suitability as described in subsection (a) of this section if:

(i) The position was not offered to that individual in writing or was not listed with the employment service;

(ii) The failure would not result in a denial of benefits under the definition of suitable work for regular benefit claimants in § 28-44-20 to the extent that the criteria of suitability in that section are not inconsistent with the provisions of subsection (a) of this section; or

(iii) The individual furnishes satisfactory evidence to the director that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If that evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to that individual shall be made in accordance with the definition of suitable work for regular benefit claimants in § 28-44-20 without regard to the definition specified by subsection (a) of this section.

(3) For the purpose of subsection (d)(1)(ii) of this section, an individual shall be treated as actively engaged in seeking work during any week if:

(i) The individual has engaged in a systematic and sustained effort to obtain work during that week;

(ii) The individual furnishes tangible evidence that he or she has engaged in that effort during that week; and

(iii) The director shall give written notice of the minimum requirements necessary to satisfy the requirements of this subsection prior to the individual’s exhaustion of regular benefits provided under chapters 42 — 44 of this title.

(4) Notwithstanding the provisions of subsection (a)(8) of this section to the contrary, no work shall be deemed to be suitable work for an individual that does not accord with the labor standard provisions required by 26 U.S.C. § 3304(a)(5) and set forth under § 28-44-20(a) and (b).

(e) Cessation of extended benefits when paid under interstate claim in a state where extended benefit period is not in effect.

(1) Except as provided in subsection (e)(2) of this section, an individual shall not be eligible for extended benefits for any week beginning on or after June 1, 1981, if:

(i) Extended benefits are payable for that week pursuant to an interstate claim filed in any state under the interstate benefit payment plan; and

(ii) No extended benefit period is in effect for that week in that state.

(2) Subsection (e)(1) of this section shall not apply with respect to the first two (2) weeks for which extended benefits are payable, determined without regard to this subsection, 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.

(f) Suitable work.  The employment service shall refer any claimant entitled to extended benefits under chapters 42 — 44 of this title to any suitable work that meets the criteria prescribed in subsection (a) of this section.

(g) Weekly extended benefit amount. The weekly extended benefit amount payable to an individual for a week of total unemployment in his or her eligibility period shall be an amount equal to the weekly benefit amount, including dependent’s allowances, payable to him or her for a week of total unemployment during his or her benefit year.

(h) Maximum extended benefit amount.

(1) The maximum extended benefit amount payable to any eligible individual with respect to the applicable benefit year shall be the least of the following amounts, determined on the basis of the specified regular benefit amounts that were payable, or paid, whichever is applicable, to the individual in the benefit year:

(i) Fifty percent (50%) of the maximum potential regular benefits, including dependents’ allowances, which were payable to the individual under chapters 42 — 44 of this title in the benefit year; or

(ii) Thirteen (13) times the individual’s weekly benefit amount, including dependents’ allowances, that was payable to the individual under chapters 42 — 44 of this title for a week of total unemployment in the benefit year.

(2)(i) Effective with respect to weeks beginning in a high unemployment period, the maximum extended benefit amount payable to any eligible individual with respect to the applicable benefit year shall be the least of the following amounts, determined on the basis of the specified regular benefit amounts which were payable, or paid, whichever is applicable, to the individual in the benefit year:

(A) Eighty percent (80%) of the maximum potential regular benefits, including dependents’ allowances, that were payable to the individual under chapters 42 — 44 of this title in the benefit year; or

(B) Twenty (20) times the individual’s weekly benefit amount, including dependents’ allowances, that was payable to the individual under chapters 42 — 44 of this title in the benefit year.

(ii) For the purposes of this subdivision, the term “high unemployment period” means any period during which an extended benefit period would be in effect if item (a)(2)(iii)(C)(I) or item (a)(2)(iv)(C)(I) of this section were applied by substituting “eight percent” (“8%”) for “6.5 percent” (“6.5%”).

(3) Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that the individual would, but for this subsection, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced, but not below zero (0), by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year, multiplied by the individual’s weekly benefit amount for extended benefits.

(i) Beginning and termination of extended benefit period.  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 director shall make an appropriate public announcement.

(j) If the Federal-State Extended Unemployment Compensation Act of 1970 (see 26 U.S.C. § 3304) 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 that case, all the terms and conditions contained in the amended provisions of that 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 that amended provision.