emergency periods; benefit weeks extended when state unemployment rate is high

emergency periods; benefit weeks extended when state unemployment rate is high Sec. 101. (a) (1) Section 102 (c)(3)(B)(i) of the Emergency Unemployment Compensation Act of 1974 is amended— (A) by inserting “(I)” immediately after “if”, and (B) by inserting immediately before the period at the end thereof the following: “, and (II) the rate of insured unemployment in such State for the period consisting of such week and the immediately preceding twelve weeks equaled or exceeded 5 per centum”. (2) Section 102(c)(3)(B)(ii) of such Act is amended to read as follows: “(ii) For purposes of subparagraph (A), there is a State ‘emergency off’ indicator for a week if the rate of insured unemployment in such State for the period consisting of such week and the immediately preceding twelve weeks is less than 5 per centum.”. (b) Section 102(e) of such Act is amended to read as follows: “(e) (1) Any agreement under this Act with a State shall provide that the State will establish, for each eligible individual who files an application for emergency compensation, an emergency compensation account. “(2) Subject to the provisions of paragraph (3), the amount established in such account for any individual shall be equal to the lesser of— “(A) 100 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 “(B) twenty-six times 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) for his benefit year. 89 STAT. 237 “(3) Notwithstanding paragraph (2), the total amount of emergency compensation payable to any individual for weeks of unemployment which begin in a 5-per centum period (as defined in section 105(5)) shall not exceed the lesser of— “(A) 50 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 lie most recently received regular compensation, or “(B) thirteen times 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) for his benefit year. “(4) The amounts determined under paragraphs (2) and (3) with respect to any individual shall each be reduced by the amount of any assistance paid to such individual under title II of the Emergency Jobs and Unemployment Assistance Act of 1974 for any weeks of unemployment in the 65-week period preceding the first week of unemployment with respect to which compensation is payable to such individual under this Act.”. (c) Section 102(b)(2) of such Act is amended to read as follows: “(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(2)); or “(B) begins in an individual’s additional eligibility period (as defined in section 105(4)).”. (d) Section 105 of such Act is amended— (1) in paragraph (2), by striking out “and” at the end thereof, (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof a semicolon, and (3) by inserting after paragraph (3) the following new paragraphs: “(4) the term ‘additional eligibility period’ means the thirteen week period following the week in which an emergency benefit period ends in a State, as determined under section 102(c)(3); but no individual shall have, an additional eligibility period unless there was payable to him in such State, for the week in which such emergency benefit period ended, either emergency’ compensation under this Act or extended compensation under the Federal-State Extended Unemployment Compensation Act of 1970; “(5) the term ‘5-per centum period’ means a period in a State 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 first week and the immediately preceding twelve weeks is less than G per centum and which ends with the second week after the first week in which the rate of insured unemployment in the State for the period consisting of such first week and the immediately preceding twelve, weeks equals or exceeds 6 per centum; except that no 5-per centum period shall begin in any State prior to the fourteenth week after the last week in a preceding 5-per centum period hi such State; “(6) the term ‘rate of insured unemployment’ means the percentage arrived at by dividing the average weekly number of individuals filing claims for weeks of unemployment with respect89 STAT. 238 to the specified period (as determined on the basis of the reports made by the State agency to the Secretary) by the average monthly covered employment for the specified period; “(7) the rate of insured unemployment for any thirteen-week period shall be determined by reference to the average monthly covered employment under the State law for the first four of the most recent six calendar quarters ending before the close of such period; and “(8) determinations with respect to the rate of insured unemployment in a State shall be made by the State agency in accordance with regulations prescribed by the Secretary.”. (e) Section 102(c)(3)(A)(ii) of such Act is amended by inserting immediately before the period at the end thereof the following: “, and no emergency benefit period which began prior to January 1, 1976, shall end prior to such date”. (f) Section 102(e)(3) of such Act is amended by striking out “July 1, 1975” and inserting in lieu thereof “January 1, 1976”. (g) The amendments made by subsections (a) through (e) of this section shall be effective with respect to weeks of compensation which begin on or after January 1, 1976.