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"(4) the employer continues to provide health benefits, and retirement benefits under defined benefit pension plans (as defined in section 3(35) of the Employee Requirement Income Security Act of 1974 [29 U.S.C. 1002(35)], to employees whose workweek is reduced under such plan as though their workweek had not been reduced; and

**(5) in the case of employees represented by an exclusive bargaining representative, that representative has consented to the plan.

The State agency shall review at least annually any qualified employer plan put into effect to assure that it continues to meet the requirements of this subsection and of any applicable State law.

"(e) Short-time compensation shall be charged in a manner consistent with the State law.

"(f) For purposes of this section, the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

"(g)(1) The Secretary shall conduct a study or studies of State short-time compensation programs consulting with employee and employer representatives in developing criteria and guidelines to measure the following factors:

"(A) the impact of the program upon the unemployment trust fund, and a comparison with the estimated impact on the fund of layoffs which would have occurred but for the existence of the program;

"(B) the extent to which the program has protected and preserved the jobs of workers, with special emphasis on newly hired employees, minorities, and women;

"(C) the extent to which layoffs occur in the unit subsequent to initiation of the program and the impact of the program upon the entitlement to unemployment compensation of the employees;

"(D) where feasible, the effect of varying methods of administration;

"(E) the effect of short-time compensation on employers' State unemployment tax rates, including both users and nonusers of short-time compensation, on a State-by-State basis;

"(F) the effect of various State laws and practices under those laws on the retirement and health benefits of employees who are on short-time compensation programs;

"(G) a comparison of costs and benefits to employees, employers, and communities from use of shorttime compensation and layoffs;

"(H) the cost of administration of the short-time compensation program; and

"(I) such other factors as may be appropriate. **(2) Not later than October 1, 1985, the Secretary shall submit to the Congress and to the President a final report on the implementation of this section. Such report shall contain an evaluation of short-time compensation programs and shall contain such recommendations as the Secretary deems advisable, including recommendations as to necessary changes in the Statistical practices of the Department of Labor."

FEDERAL Supplemental COMPENSATION ACT OF 1982 Sections 601-606 of Pub. L. 97-248, as amended by Pub. L. 97-424, title V, § 544(a), (d), Jan. 6, 1983, 96 Stat. 2196; Pub. L. 97-448, title III, § 310(a), Jan. 12, 1983, 96 Stat. 2411, provided that:

"SHORT TITLE

"SEC. 601. This subtitle may be cited as the 'Federal Supplemental Compensation Act of 1982'.

"FEDERAL-STATE AGREEMENTS

"SEC. 602. (a) Any State which desires to do so may enter into and participate in an agreement with the Secretary of Labor (hereinafter in this title referred to as the 'Secretary') under this subtitle. Any State which is a party to an agreement under this subtitle may, upon providing thirty days' written notice to the Secretary, terminate such agreement.

"(b) Any such agreement shall provide that the State agency of the State will make payments of Federal supplemental compensation

"(1) to individiuals [individuals] who

"(A) have exhausted all rights to regular compensation under the State law;

"(B) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law (and is not paid or entitled to be paid any additional compensation under any such State or Federal law); and

"(C) are not receiving compensation with respect to such week under the unemployment compensation law of Canada;

"(2) for any week of unemployment which begins in the individual's period of eligibility, except that no payment of Federal supplemental compensation shall be made to any individual for any week of unemployment which begins more than two years after the end of the benefit year for which he exhausted his rights to regular compensation.

"(c) For purposes of subsection (b)(1)(A), an individual shall be deemed to have exhausted his rights to regular compensation under a State law when

"(A) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on employment or wages during his base period; or

"(B) his rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. "(d) For purposes of any agreement under this subtitle

"(1) the amount of the Federal supplemental compensation which shall be payable to any individual for any week of total unemployment shall be equal to the amount of the regular compensation (including dependents' allowances) payable to him during his benefit year under the State law for a week of total unemployment;

"(2) the terms and conditions of the State law which apply to claims for extended compensation and to the payment thereof shall apply to claims for Federal supplemental compensation and the payment thereof; except where inconsistent with the provisions of this subtitle or with the regulations of the Secretary promulgated to carry out this subtitle; and

"(3) the maximum amount of Federal supplemental compensation payable to any individual for whom an account is established under subsection (e) shall not exceed the lesser of (A) the amount established in such account for such individual, or (B) in the case of an individual filing a claim under the interstate benefit payment plan for Federal supplemental compensation, an amount equal to his average weekly benefit amount (as determined for purposes of section 202(b)(1)(C) of the Federal-State Extended Unemployment Compensation Act of 1970 [section 202(b)(1)(C) of Pub. L. 91-373, set out as a note below]) for his benefit year, multiplied by the number applicable under subsection (e)(2)(A)(ii) in the State in which such individual is filing such interstate claim under the interstate benefit payment plan for the week in which he is filing such claim. Solely for purposes of paragraph (2), the amendment made by section 2404(a) of the Omnibus Budget Reconciliation Act of 1981 [section 2404(a) of Pub. L. 97-35, enacting par. (5) of section 202(a) of Pub. L. 91-373 set out as a note below] shall be deemed to be in effect for all weeks beginning on or after September 12, 1982.

"(e)(1) Any agreement under this subtitle with a State shall provide that the State will establish, for each eligible individual who files an application for

Federal supplemental compensation, a Federal supplemental compensation account with respect to such individual's benefit year.

"(2)(A) Except as otherwise provided in this paragraph, the amount established in such account for any individual shall be equal to the lesser of

"(i) 65 per centum of the total amount of regular compensation (including dependents' allowances) payable to him with respect to the benefit year (as determined under the State law) on the basis of which he most recently received regular compensation; or

"(ii) 8 times his average weekly benefit amount (as determined for purposes of section 202(b)1XC) of the Federal-State Extended Unemployment Compensation Act of 1970 [section 202(b)1XC) of Pub. L. 91-373, set out below]) for his benefit year. "(B) In the case of any State, subparagraph (A) shall be applied

"(i) with respect to weeks during a higher unemployment period, by substituting '16' for '8' in clause (ii) thereof;

"(ii) with respect to weeks which are not during a higher unemployment period and which are weeks beginning on or after the first week of an extended benefit period (which was in effect under the Federal-State Extended Unemployment Compensation Act of 1970 [see Pub. L. 91-373, title II, set out as a note below] for any week beginning on or after June 1, 1982, on or before the date of the enactment of the Highway Revenue Act of 1982 [Jan. 6, 1983], and before the week for which the compensation is paid), by substituting ‘14' for ‘8' in clause (ii) thereof;

"(iii) with respect to weeks during a high unemployment period, or which would be weeks described in clause (ii) except that the extended benefit period began after the date of enactment of the Highway Revenue Act of 1982 [Jan. 6, 1983), by substituting '12' for '8' in clause (ii) thereof; and

"(iv) with respect to weeks during an intermediate unemployment period, by substituting '10' for '8'. "(C) For purposes of subparagraph (B), the term 'higher unemployment period' means, with respect to any State, the period

"(i) which begins with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks equals or exceeds 6.0 percent, and

"(ii) which ends with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks is less than 6.0 percent;

except that no higher unemployment period shall last for a period of less than 4 weeks.

"(D) For purposes of subparagraph (B), the term 'high unemployment period' means, with respect to any State, the period—

"(1) which begins with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks equals or exceeds 4.5 percent but is less than 6.0 percent, and

“(ii) which ends with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks is less than 4.5 percent or equals or exceeds 6.0 percent; except that no high unemployment period shall last for a period of less than 4 weeks unless such State enters a higher unemployment period or a period described in subparagraph (B)(ii).

"(E) For purposes of subparagraph (B), the term 'intermediate unemployment period' means with respect to any State, the period

"(i) which begins with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such

week and the immediately preceding 12 weeks equals or exceeds 3.5 percent but is less than 4.5 percent, and

“(ii) which ends with the third week after the first week in which the rate of insured unemployment in the State for the period consisting of such week and the immediately preceding 12 weeks is less than 3.5 percent or equals or exeeds [exceeds] 4.5 percent; except that no intermediate unemployment period shall last for a period of less that [than] 4 weeks unless such State enters a high unemployment period, a higher unemployment period, or a period described in subparagraph (B)(ii) or (iii).

"(F) For purposes of this subsection, the rate of insured unemployment for any period shall be determined in the same manner as determined for purposes of section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 [section 203 of Pub. L. 91-373, set out as a note below].

"(3) The amount of Federal supplemental compensation payable to an eligible individual shall not exceed the amount in such individual's account established under this subsection.

"(fX1) No Federal supplemental compensation shall be payable to any individual under an agreement entered into under this subtitle for any week beginning before whichever of the following is the later:

"(A) the week following the week in which such agreement is entered into; or

"(B) September 12, 1982.

"(2) No Federal supplemental compensation shall be payable to any individual under an agreement entered into under this subtitle for any week beginning after March 31, 1983.

"PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF FEDERAL SUPPLEMENTAL COMPENSATION "SEC. 603. (a) There shall be paid to each State which has entered into an agreement under this subtitle an amount equal to 100 per centum of the Federal supplemental compensation paid to individuals by the State pursuant to such agreement.

"(b) No payment shall be made to any State under this section in respect of compensation to the extent the State is entitled to reimbursement in respect of such compensation under the provisions of any Federal law other than this subtitle or chapter 85 of title 5 of the United States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this subtitle in respect of such compensation.

"(c) Sums payable to any State by reason of such State's having an agreement under this subtitle shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this subtitle for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.

"FINANCING PROVISIONS

"SEC. 604. (a)(1) Funds in the extended unemployment compensation account (as established by section 905 of the Social Security Act) [section 1105 of Title 42, The Public Health and Welfare] of the Unemployment Trust Fund shall be used for the making of payments to States having agreements entered into under this subtitle.

"(2) The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this sub

C

"

श्र

title. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payments to the State in accordance with such certification, by transfers from the extended unemployment compensation account (as established by section 905 of the Social Security Act) [section 1105 of Title 42] to the account of such State in the Unemployment Trust Fund.

(b) There are hereby authorized to be appropriated, without fiscal year limitation, to the extended unemployment compensation account, such sums as may be necessary to carry out the purposes of this subtitle. Amounts appropriated pursuant to the preceding sentence shall not be required to be repaid.

"(c) There are hereby authorized to be appropriated from the general fund of the Treasury, without fiscal year limitation, such funds as may be necessary for purposes of assisting States (as provided in title III of the Social Security Act) [section 501 et seq. of Title 42] in meeting the costs of administration of agreements under this subtitle.

"DEFINITIONS

"SEC. 605. For purposes of this subtitle

"(1) the terms 'compensation', 'regular compensation', 'extended compensation', 'base period', 'benefit year', 'State', 'State agency', 'State law', and 'week' shall have the meanings assigned to them under section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 [section 205 of Pub. L. 91-373, set out as a note below]; and

**(2) the term 'period of eligibility' means, with respect to any individual, any week which begins on or after September 12, 1982, and begins before April 1, 1983; except that an individual shall not have a period of eligibility unless

"(A) his benefit year ends on or after June 1, 1982, or

"(B) such individual was entitled to extended compensation for a week which begins on or after June 1, 1982.

"FRAUD AND OVERPAYMENTS

"SEC. 606. (a)(1) If an individual knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact, and as a result of such false statement or representation or of such nondisclosure such individual has received an amount of Federal supplemental compensation under this subtitle to which he was not entitled, such individual

**(A) shall be ineligible for further Federal supplemental compensation under this subtitle in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; and

"(B) shall be subject to prosecution under section 1001 of title 18, United States Code.

**(2)(A) In the case of individuals who have received amounts of Federal supplemental compensation under this subtitle to which they were not entitled, the State is authorized to require such individuals to repay the amounts of such Federal supplemental compensation to the State agency, except that the State agency may waive such repayment if it determines that

"(i) the payment of such Federal Supplemental compensation was without fault on the part of any such individual, and

"(ii) such repayment would be contrary to equity and good conscience.

"(B) The State agency may recover the amount to be repaid, or any part thereof, by deductions from any Federal supplemental compensation payable to such individual under this subtitle or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other Feder

al law administered by the State agency which provides for the payment of any assistance or allowance with respect to any week of unemployment, during the three-year period after the date such individuals received the payment of the Federal supplemental compensation to which they were not entitled, except that no single deduction may exceed 50 per centum of the weekly benefit amount from which such deduction is made.

"(C) No repayment shall be required, and no deduction shall be made, until a determination has been made, notice thereof and an opportunity for a fair hearing has been given to the individual, and the determination has become final.

"(3) Any determination by a State agency under paragraph (1) or (2) shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent."

Section 544(b) of Pub. L. 97-424 provided that: "The amendments made by subsection (a) [enacting section 602(e)(2)(B)-(F), (3), and amending section 602(e)(2)(A) of Pub. L. 97-248, set out above] shall apply to Federal supplemental compensation payable for weeks beginning on or after the date of the enactment of this Act [Jan. 6, 1983]. In the case of any eligible individual to whom any Federal supplemental compensation was payable for any week beginning prior to such date of enactment and who exhausted his rights to such compensation (by reason of the payment of all the amount in his Federal supplemental compensation account) prior to the first week beginning on or after such date of enactment, such individual's eligibility for additional weeks of compensation by reason of the amendments made by this section shall not be limited or terminated by reason of any event, or failure to meet any requirement of law relating to eligibility for unemployment compensation, occurring after the date of such exhaustion of rights and prior to the date of the enactment of this Act [Jan. 6, 1983] (and such weeks shall not be counted for purposes of determining the expiration of the two years following the end of his benefit year for purposes of section 602(b) of the Tax Equity and Fiscal Responsibility Act of 1982) [Pub. L. 97-248]."

Pub. L. 97-448, title III, § 310(b), Jan. 12, 1983, 96 Stat. 2411, provided that: "The amendment made by subsection (a) [enacting section 602(d)(3) of Pub. L. 97-248, set out above] shall be effective as if it had been originally included in section 602 of the Tax Equity and Fiscal Responsibility Act of 1982 [section 602 of Pub. L. 97-248, set out above]."

TERMINATION OF FEDERAL-STATE SUPPLEMENTAL UNEMPLOYMENT COMPENSATION AGREEMENTS WITH STATES FAILING TO RENEGOTIATE

Pub. L. 97-424, title V, § 544(c), Jan. 6, 1983, 96 Stat. 2197, provided that: "The Secretary of Labor shall, at the earliest practicable date after the date of the enactment of this Act [Jan. 6, 1983], propose to each State with which he has in effect an agreement under section 602 of the Tax Equity and Fiscal Responsibility Act of 1982 [section 602 of Pub. L. 97-248, set out as a note above] a modification of such agreement designed to provide for the payment of Federal supplemental compensation under such Act [sections 601 to 606 of Pub. L. 97-248, set out as a note above] in accordance with the amendments made by this Act [amending section 602(e) of Pub. L. 97-248, set out as a note above]. Notwithstanding any other provision of law, if any State fails or refuses, within the three-week period beginning on the date the Secretary of Labor proposes such a modification to such State, to enter into such a modification of such agreement, the Secretary of Labor shall terminate such agreement effective with the end of the last week which ends on or before such three-week period."

CERTIFICATION OF STATE Unemployment LaWS;
EFFECTIVE DATES

Section 2408(b) of Pub. L. 97-35 provided that:
"(1) Except as otherwise provided in paragraph (2)—
"(A) The amendments made by sections 2401 and
2402 [amending Pub. L. 91-373, set out as a note
below] shall be required to be included in State un-
employment compensation laws for purposes of cer-
tifications under section 3304(c) of the Internal Rev-
enue Code of 1954 on October 31 of any taxable year
after 1980; and

"(B) the amendments made by sections 2403 and 2404 [amending Pub. L. 91-373, set out as a note below] shall be required to be included in such laws for purposes of such certifications on October 31 of any taxable year after 1981.

"(2)(A) In the case of any State the legislature of which

"(i) does not meet in a session which begins after the date of the enactment of this Act [Aug. 13, 1981] and prior to September 1, 1981, and

"(ii) if in session on the date of the enactment of this Act, does not remain in session for a period of at least 25 calendar days,

the date '1980' in paragraph (1)(A) shall be deemed to be '1981'.

"(B) In the case of any State the legislature of which

"(i) does not meet in a session which begins after the date of the enactment of this Act [Aug. 13, 1981] and prior to September 1, 1982, and

"(ii) if in session on the date of the enactment of this Act, does not remain in session for a period of at least 25 calendar days,

the date '1981' in paragraph (1)(B) shall be deemed to be '1982'."

Pub. L. 96-499, title X, § 1025, Dec. 5, 1980, 94 Stat. 2660, provided that: "On October 31 of any taxable year after 1980, the Secretary of Labor shall not certify any State, as provided in section 3304(c) of the Internal Revenue Code of 1954, which, after reasonable notice and opportunity for a hearing to the State agency, the Secretary of Labor finds has failed to amend its law so that it contains each of the provisions required by reason of the enactment of the preceding provisions of this subtitle [subtitle C of title X of Pub. L. 96-499, Dec. 5, 1980, 94 Stat. 2656, which enacted section 8509 of Title 5, Government Organization and Employees, and section 1109 of Title 42, The Public Health and Welfare, enacted provisions set out as notes under this section and section 8509 of Title 5, and amended provisions set out as notes under this section] to be included therein, or has with respect to the 12-month period ending on such October 31, failed to comply substantially with any such provision." TRANSFER OF FUNDS ΤΟ FEDERAL UNEMPLOYMENT TRUST FUND AS PREREQUISITE TO APPROVAL OF VIRGIN ISLAnds Unemployment ComPENSATION LAW Section 116(g) of Pub. L. 94-566 provided that: "The Secretary of Labor shall not approve an unemployment compensation law of the Virgin Islands under section 3304(a) of the Internal Revenue Code of 1954 until the Governor of the Virgin Islands has approved the transfer to the Federal Unemployment Trust Fund established by section 904 of the Social Security Act [section 1104 of Title 42, The Public Health and Welfare] of an amount equal to the dollar balance credited to the unemployment subfund of the Virgin Islands established under section 310 of title 24 of the Virgin Islands Code."

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nue Code of 1954, provides for the payment of compensation for any week of unemployment beginning on or after January 1, 1978, on the basis of previously uncovered services, the Secretary shall pay to the unemployment fund of such State an amount equal to the Federal reimbursement for any compensation paid for a week of unemployment beginning on or after January 1, 1978, to any individual whose base period wages include wages for previously uncovered services. "(b) PREVIOUSLY UNCOVERED SERVICES.-For purposes of this section, the term 'previously uncovered services' means, with respect to any State, services

"(1) which were not covered by the State unemployment compensation law, at any time, during the 1-year period ending December 31, 1975; and "(2) which

"(A) are agricultural labor (as defined in section 3306(k) of the Internal Revenue Code of 1954) or domestic services referred to in section 3306(c)(2) of such Code (as in effect on the day before the date of the enactment of this Act) [Oct. 20, 1976] and are treated as employment (as defined in section 3306(c) of such Code) by reason of the amendments made by this Act [see Short Title of 1976 Amendment note set out under section 3311 of this title], or

"(B) are services to which section 3309(a)(1) of such Code applies by reason of the amendments made by this Act.

"(c) FEDERAL ReimbursemeNT.—

“(1) IN GENERAL.-For purposes of this section, the Federal reimbursement for compensation paid to any individual for any week of unemployment shall be an amount which bears the same ratio to the amount of such compensation as the amount of the individual's base period wages which are attributable to previously uncovered services which are reimbursable bears to the total amount of the individual's base period wages.

"(2) REIMBURSABLE SERVICES.-For purposes of determining the amount of the Federal reimbursement for compensation paid to any individual for any week of unemployment, previously uncovered services shall be treated as being reimbursable

"(A) if such services were performed

"(i) before July 1, 1978, in the case of a week of unemployment beginning before July 1, 1978; or

"(ii) before January 1, 1978, in the case of a week of unemployment beginning after July 1, 1978; and

"(B) to the extent that assistance under title II of the Emergency Jobs and Unemployment Assistance Act of 1974 [see Pub. L. 93-567, title II, set out as a note below] was not paid to such individual on the basis of such services.

"(3) DENIAL OF PAYMENT.-No payment may be made under subsection (a) to any State in respect of any compensation for which the State is entitled to any reimbursement under the provisions of any Federal law other than this Act [see Short Title of 1976 Amendment note set out under section 3311 of this title] or the Federal-State Extended Unemployment Compensation Act of 1970 [see Pub. L. 91-373, title II, set out as a note below].

"(d) EXPERIENCE RATING OF CERTAIN EMPLOYERS.The unemployment compensation law of any State may, without being deemed to violate the standards set forth in section 3303(a) of the Internal Revenue Code of 1954, provide that the experience-rating account of any employer shall not be charged for the compensation paid to any individual whose base period wages includes wages for previously uncovered services which are reimbursable under subsection (c)(2) to the extent that such individual would not have been eligible to receive such compensation had the State law not provided for the payment of compensation on the basis of such previously uncovered services.

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"(e) CERTAIN NONPROFIT EMPLOYERS.-The unemployment compensation law of any State may provide that any organization which elects to make payments (in lieu of contributions) into the State unemployment compensation fund as provided in section 3309(a)(2) of the Internal Revenue Code of 1954 shall not be liable to make such payments with respect to the compensation paid to any individual whose base period wages includes wages for previously uncovered services which are reimbursable under subsection (c)(2) to the extent that such individual would not have been eligible to receive such compensation had the State not provided for the payment of compensation on the basis of such previously uncovered services.

"(f) PAYMENTS MADE MONTHLY.-Payments under subsection (a) shall be made monthly, prior to audit or settlement by the General Accounting Office, on the basis of estimates by the Secretary of the amount payable to such State for such month, reduced or increased, as the case may be, by any amount by which the Secretary finds that his estimates for any prior month were greater or less than the amounts which should have been paid to such State. Such estimates may be made on the basis of such statistical, sampling, or other methods as may be agreed upon by the Secretary and the State.

"(g) DEFINITIONS.-For purposes of this section

"(1) STATE.-The term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

"(2) SECRETARY.-The term 'Secretary' means the Secretary of Labor.

"(3) BENEFIT YEAR.-The term 'benefit year' means the benefit year as defined in the applicable State unemployment compensation law.

"(4) BASE PERIOD.-The term 'base period' means the base period as defined by the applicable State unemployment compensation law for the benefit

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Pub. L. 93-572, §§ 101-105, Dec. 31, 1974, 88 Stat. 1869-1872, as amended by Pub. L. 94-12, title VII, § 701(a), Mar. 29, 1975, 89 Stat. 65; Pub. L. 94-45, title I, §§ 101(a)-(f), 102(a), 103(a), 106, June 30, 1975, 89 Stat. 236-239; Pub. L. 94-566, title I, § 116(d)(3), Oct. 20, 1976, 90 Stat. 2672; Pub. L. 95-19, title I, §§ 101(a), 102(a)-(c), 103(a), 104(a), 105(a), 107(a), Apr. 12, 1977, 91 Stat. 39 to 42, provided that:

"SEC. 101. [Short title]. This Act [enacting this note and amending provision set out as a note under this section] may be cited as the 'Emergency Unemployment Compensation Act of 1974'.

"SEC. 102. [Federal-State agreements]. (a) [State law requirements; termination of agreement]. Any State, the State unemployment compensation law of which is approved by the Secretary of Labor (hereinafter in this Act referred to as the 'Secretary') under section 3304 of the Internal Revenue Code of 1954 which desires to do so, may enter into and participate in an agreement with the Secretary under this Act, if such State law contains (as of the date such agreement is entered into) a requirement that extended compensation be payable thereunder as provided by the Federal-State Extended Unemployment Compensation Act of 1970 [see Pub. L. 91-373, title II, set out as a note below). Any State which is a party to an agreement under this Act may, upon providing thirty days' written notice to the Secretary, terminate such agreement. "(b) [Emergency compensation]. Any such agreement shall provide that the State agency of the State will make payments of emergency compensation—

"(1) to individuals who-
"(A)(i) have exhausted all rights to regular com-
pensation under the State law;

"(ii) have exhausted all rights to extended compensation, or are not entitled thereto, because of the ending of their eligibility period for extended compensation, in such State;

"(B) have no rights to compensation (including both regular compensation and extended compensation) with respect to a week under such law or any other State unemployment compensation law or to compensation under any other Federal law; and

"(C) are not receiving compensation with respect to such week under the unemployment compensation law of Canada,

"(2) for any week of unemployment which-
"(A) begins in-

"(i) an emergency benefit period (as defined in subsection (c)(3)), and

"(ii) the individual's period of eligibility (as defined in section 105(a)(2)); or

"(B) begins in an individual's additional eligibility period (as defined in section 105(a)(4)); except that no payment of emergency compensation shall be made to any individual for any week of unemployment which begins more than two years after the end of the benefit year for which he exhausted his rights to regular compensation.

[Section 116(f)(1) of Pub. L. 94-556, set out as an Effective Date of 1976 Amendment note above, provided in part that the deletion of "the Virgin Islands or" from section 102(b)(1)(C) of the Emergency Unemployment Compensation Act of 1974 shall take effect on the later of Oct. 1, 1976, or the day after the day on which the Secretary of Labor approves under section 3304(a) of this title an unemployment compensation law submitted to him by the Virgin Islands for approval.]

"(c) [Regular and extended compensation rights, exhaustion; emergency benefit period; publication in Federal Register; State 'emergency on' and 'emergency off' indicators.] (1) For purposes of subsection (b)(1)(A), an individual shall be deemed to have exhausted his rights to regular compensation under a State law when

"(A) no payments of regular compensation can be made under such law because such individual has received all regular compensation available to him based on employment or wages during his base period; or

"(B) his rights to such compensation have been terminated by reason of the expiration of the benefit year with respect to which such rights existed. "(2) For purposes of subsection (b)(1)(B), an individual shall be deemed to have exhausted his rights to extend compensation under a State law when no pay. ments of extended compensation under a State law can be made under such law because such individual has received all the extended compensation available to him from his extended compensation account (as established under State law in accordance with section 202(b)(1) of the Federal-State Extended Unemployment Compensation Act of 1970) [see Pub. L. 91-373, title II, § 202(b)(1), set out as a note below]).

"(3)(A)(i) For purposes of subsection (b)(2)(A), in the case of any State, an emergency benefit period"(I) shall begin with the third week after a week for which there is a State 'emergency on' indicator; and

"(II) shall end with the third week after the first week for which there is a State 'emergency off' indicator.

"(ii) In the case of any State, no emergency benefit period shall last for a period of less than 13 consecutive weeks, and no emergency benefit period which began prior to January 1, 1976, shall end prior to such date.

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