Pub. L. 116-260, div. N, tit. II, subtit. A, ch. 1, subch. I, sec. 206 (as amended)
EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION.
SEC. 206. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) In General.—Section 2107(g) of the CARES Act (15 U.S.C. 9025(g)) is amended to read as follows:
“(g) Applicability.—
“(1) In general.—Except as provided in paragraphs (2) and (3), an agreement entered into under this section shall apply to weeks of unemployment—
“(A) beginning after the date on which such agreement is entered into; and
“(B) ending on or before March 14, 2021.
“(2) Transition rule for individuals remaining entitled to pandemic emergency unemployment compensation as of march 14, 2021.—In the case of any individual who, as of the date specified in paragraph (1)(B), is receiving Pandemic Emergency Unemployment Compensation but has not yet exhausted all rights to such assistance under this section, Pandemic Emergency Unemployment Compensation shall continue to be payable to such individual for any week beginning on or after such date for which the individual is otherwise eligible for Pandemic Emergency Unemployment Compensation.
“(3) Termination.—Notwithstanding any other provision of this subsection, no Pandemic Emergency Unemployment Compensation shall be payable for any week beginning after April 5, 2021.”
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(b) Increase in Number of Weeks.—Section 2107(b)(2) of the CARES Act (15 U.S.C. 9025(b)(2)) is amended by striking “13” and inserting “24”.
(c) Coordination Rules.—
(1) Coordination of pandemic emergency unemployment compensation with regular compensation.—Section 2107(b) of the CARES Act (15 U.S.C. 9025(b)) is amended by adding at the end the following:
“(4) Coordination of pandemic emergency unemployment compensation with regular compensation.—
“(A) In general.—If—
“(i) an individual has been determined to be entitled to pandemic emergency unemployment compensation with respect to a benefit year;
“(ii) that benefit year has expired;
“(iii) that individual has remaining entitlement to pandemic emergency unemployment compensation with respect to that benefit year; and
“(iv) that individual would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least $25 less than the individual’s weekly benefit amount in the benefit year referred to in clause (i),
then the State shall determine eligibility for compensation as provided in subparagraph (B).
“(B) Determination of eligibility.—For individuals described in subparagraph (A), the State shall determine whether the individual is to be paid pandemic emergency unemployment compensation or regular compensation for a week of unemployment using one of the following methods:
“(i) The State shall, if permitted by State law, establish a new benefit year, but defer the payment of regular compensation with respect to that new benefit year until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i).
“(ii) The State shall, if permitted by State law, defer the establishment of a new benefit year (which uses all the wages and employment which would have been used to establish a benefit year but for the application of this subparagraph), until exhaustion of all pandemic emergency unemployment compensation payable with respect to the benefit year referred to in subparagraph (A)(i).
“(iii) The State shall pay, if permitted by State law—
“(I) regular compensation equal to the weekly benefit amount established under the new benefit year; and
“(II) pandemic emergency unemployment compensation equal to the difference between that weekly benefit amount and the weekly benefit amount for the expired benefit year.
“(iv) The State shall determine rights to pandemic emergency unemployment compensation without regard to any rights to regular compensation if the individual elects to not file a claim for regular compensation under the new benefit year.”
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(2) Coordination of pandemic emergency unemployment compensation with extended compensation.—
(A) Individuals receiving extended compensation as of the date of enactment.—Section 2107(a)(5) of the CARES Act (15 U.S.C. 9025(a)(5)) is amended—
(i) by striking “Rule.—An agreement” and inserting the following:“
Rules.—
“(A) In general.—Subject to subparagraph (B), an agreement”
; and
(ii) by adding at the end the following:
“(B) Special rule.—In the case of an individual who is receiving extended compensation under the State law for the week that includes the date of enactment of this subparagraph (without regard to the amendments made by subsections (a) and (b) of section 206 of the Continued Assistance for Unemployed Workers Act of 2020), such individual shall not be eligible to receive pandemic emergency unemployment compensation by reason of such amendments until such individual has exhausted all rights to such extended benefits.”
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(B) Eligibility for extended compensation.—Section 2107(a) of the CARES Act (15 U.S.C. 9025(a)) is amended by adding at the end the following:
“(8) Special rule for extended compensation.—At the option of a State, for any weeks of unemployment beginning after the date of the enactment of this paragraph and before April 12, 2021, an individual’s eligibility period (as described in section 203(c) of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) shall, for purposes of any determination of eligibility for extended compensation under the State law of such State, be considered to include any week which begins—
“(A) after the date as of which such individual exhausts all rights to pandemic emergency unemployment compensation; and
“(B) during an extended benefit period that began on or before the date described in subparagraph (A).”
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(d) [15 U.S.C. 9025 note] Effective Date.—
(1) In general.—Except as provided in paragraph (2), the amendments made by this section shall apply as if included in the enactment of the CARES Act (Public Law 116-136), except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act.
(2) Coordination rules.—The amendments made by subsection (c)(1) shall apply to individuals whose benefit years, as described in section 2107(b)(4)(A)(ii) of the CARES Act, expire after the date of enactment of this Act.
- Cross-references to the US Code
- 15 U.S.C. 9025 note
- Public laws referenced
- 116-136