North Dakota Code 52-07.1-08.2 – Eligibility for extended benefits
1. Notwithstanding the provisions of section 52-07.1-04, an individual is ineligible for payment of extended benefits for any week of unemployment in the individual’s eligibility period if the bureau finds that during such period:
Terms Used In North Dakota Code 52-07.1-08.2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Individual: means a human being. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
a. The individual failed to accept any offer of “suitable work”, as defined under subsection 3, or failed to apply for any suitable work to which the individual was referred by the bureau; or
b. The individual failed to actively engage in seeking work as prescribed under subsection 5.
2. Any individual who has been found ineligible for extended benefits by reason of the provisions in subsection 1 must also be denied benefits beginning with the first day of the week following the week in which such failure occurred and until the individual has been employed in each of four subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four times the extended weekly benefit amount.
3. For purposes of this section, the term “suitable work” means, with respect to any individual, any work which is within such individual’s capabilities; provided, however, that the gross average weekly remuneration payable for the work must exceed the sum of:
a. The individual’s extended weekly benefit amount as determined under section 52-07.1-06; plus b. The amount, if any, of supplemental unemployment benefits, as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1954 [26 U.S.C. § 501], payable to such individual for such week; and further, c. Pays wages not less than the higher of:
(1) The minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938 [29 U.S.C. § 206], without regard to any exemption; or
(2) The applicable state or local minimum wage; and
d. Provided, however, that no individual may be denied extended benefits for failure to accept an offer of or apply for any job which meets the definition of suitability as described above if:
(1) The position was not offered to such individual in writing and was not listed with the bureau.
(2) Such failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in section 52-06-36 to the extent that the criteria of suitability in that section are not inconsistent with the provisions of this subsection.
(3) The individual furnishes satisfactory evidence to the bureau that the individual’s prospects for obtaining work in the individual’s customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual must be made in accordance with the definition of suitable work for regular benefit claimants in section 52-06-36 without regard to the definition specified by this subsection.
4. Notwithstanding the provisions of section 52-07.1-04 to the contrary, no work may be deemed to be suitable work for an individual which does not accord with the labor standard provisions required by section 3304(a)(5) of the Internal Revenue Code of 1954 [26 U.S.C. § 3304] and set forth under section 52-06-36.
5. For the purposes of subdivision b of subsection 1, an individual must be treated as actively engaged in seeking work during any week if:
a. The individual has engaged in a systematic and sustained effort to obtain work during such week; and
b. The individual furnishes tangible evidence that the individual has engaged in such effort during such week.
6. The bureau shall refer any claimant entitled to extended benefits under this chapter to any suitable work which meets the criteria prescribed in subsection 3.
7. An individual is not eligible to receive extended benefits with respect to any week of unemployment in the individual’s eligibility period if such individual has been disqualified for regular benefits under this chapter because the individual voluntarily left work, was discharged for misconduct, or failed to accept an offer of or apply for suitable work, unless the disqualification imposed for such reasons has been terminated in accordance with specific conditions established under this chapter requiring the individual to perform service for remuneration subsequent to the date of such disqualification.