§ 1421. Definitions

The following words and phrases, as used in this subchapter, shall have the following meanings unless the context clearly requires otherwise:

(1) “Extended benefit period” means a period which:

(A) begins with the third week after a week for which there is a State “on” indicator; and

(B) ends with either of the following weeks, whichever occurs later:

(i) the third week after the first week for which there is a State “off” indicator; or

(ii) the 13th consecutive week of such period;

(I) However, no extended benefit period may begin by reason of a State “on” indicator before the 14th week following the end of a prior extended benefit period which was in effect with respect to this State.

(2) State “on” indicator.

(A) There is a State “on” indicator for a week beginning after September 25, 1982 and before March 7, 1993, if the Commissioner determines, in accordance with the regulations of the Secretary of Labor of the United States, that, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonally adjusted, under this chapter:

(i) equaled or exceeded six percent; or

(ii) equaled or exceeded five percent and equaled or exceeded 120 percent of the average of those rates for the corresponding 13-week period ending in each of the two preceding calendar years.

(B) There is a State “on” indicator for a week beginning after March 6, 1993, if:

(i) The requirements of either subdivision (A)(i) or (ii) of this subdivision (2) are satisfied; or

(ii) The average rate of total unemployment in this State (seasonally adjusted) for the period consisting of the most recent three months for which data for all states are published before the close of such week:

(I) equaled or exceeded 6.5 percent; and

(II) equaled or exceeded 110 percent of such average rate for either (or both) of the corresponding three-month periods ending in the two preceding calendar years.

(3) State “off” indicator.

(A) There is a State “off” indicator for a week beginning after September 25, 1982 and before March 7, 1993, if the Commissioner determines, in accordance with the regulations of the Secretary of Labor of the United States, that, for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonally adjusted, under this chapter was:

(i) less than five percent; or

(ii) less than six percent and less than 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding two calendar years.

(B) There is a State “off” indicator for a week beginning after March 6, 1993, if there would be a State “off” indicator pursuant to subdivision (3)(A) of this section and the requirements of either subdivision (2)(B)(ii)(I) or (II) of this section are not satisfied.

(4) “Rate of insured unemployment” and “rate of total unemployment.”

(A) “Rate of insured unemployment,” for purposes of subdivisions (2)(A) and (3)(A) of this section, means the percentage derived by dividing the average weekly number of individuals filing claims for regular benefits in this State for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the Commissioner on the basis of his or her reports to the Secretary of Labor of the United States, by the average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.

(B) For purposes of subdivisions (2)(B) and (3)(B) of this section, determinations of the “rate of total unemployment” in this State for any period (and of any seasonal adjustment) shall be made by the Secretary of Labor of the United States.

(5) “Regular benefits” mean benefits payable to an individual under this chapter or under any other State law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to chapter 85 of Title 5 of the U.S. Code, other than extended benefits.

(6) “Extended benefits” mean benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to chapter 85 of Title 5 of the U.S. Code, payable to an individual under the provisions of this section for weeks of unemployment in his or her eligibility period.

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

(8) “Exhaustee” means an individual who, with respect to any week of unemployment in his or her eligibility period:

(A) has received, prior to such week, all of the regular benefits that were available to him or her under this chapter or any other state law, including dependent‘s allowances and benefits payable to federal civilian employees and ex-servicemen under chapter 85 of Title 5 of the U.S. Code, in his or her current benefit year that includes the week; provided that, for the purposes of this subdivision, an individual shall be deemed to have received all of the regular benefits that were available to him or her although as a result of a pending appeal with respect to wages or employment that were not considered in the original monetary determination in his or her benefit year, he or she may subsequently be determined to be entitled to added regular benefits; or

(B) his or her benefit year having expired prior to the week, has no, or insufficient, wages or employment on the basis of which he or she could establish a new benefit year that would include that week; and

(C) has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, and such other federal laws as are specified in regulations issued by the Secretary of Labor of the United States; and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada; but if he or she is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law he or she is considered an exhaustee.

(9) “State law” means the unemployment insurance law of any state, approved by the Secretary of Labor of the United States under section 3304 of the Internal Revenue Code of 1986.

(10) “Suitable work” means, with respect to any individual, any work which is within the individual’s capabilities; except that, if the individual furnished evidence satisfactory to the Commissioner that the individual’s prospects for obtaining work in his or her customary occupation within a reasonably short period are good, the determination of whether any work is suitable work with respect to the individual shall be made in accordance with the provisions of subdivision 1344(a)(2) of this title. (Added 1971, No. 1, § 2, eff. Oct. 11, 1970; amended 1973, No. 231 (Adj. Sess.), § 4, eff. April 3, 1974; 1977, No. 64, § 20, eff. May 1, 1977; 1979, No. 120 (Adj. Sess.), § 10, eff. March 31, 1980; 1981, No. 86, § 5, eff. April 5, 1981; 1981, No. 194 (Adj. Sess.), § 5, eff. Sept. 25, 1982; 1993, No. 58, § 1, eff. June 3, 1993.)