288.062. "On" and "Off" indicators, state and national, how determined--extended benefits, defined--amount and how computed, suspended after March 6, 1993, to January 1, 1995. - Missouri Statutes

"On" and "Off" indicators, state and national, howdetermined--extended benefits, defined--amount and how computed,suspended after March 6, 1993, to January 1, 1995.

288.062. 1. As used in this section, unless the context clearlyrequires otherwise:

(1) "Extended benefit period" means a period which begins with thethird week after a week for which there is a state "on" indicator, and endswith either of the following weeks, whichever occurs later:

(a) The third week after the first week for which there is a state"off" indicator; or

(b) The thirteenth consecutive week of such period; provided, that noextended benefit period may begin by reason of a state "on" indicatorbefore the fourteenth week following the end of a prior extended benefitperiod which was in effect with respect to this state;

(2) There is a "state 'on' indicator" for this state for a week ifthe director determines, in accordance with the regulations of the UnitedStates Secretary of Labor, that for the period consisting of such week andthe immediately preceding twelve weeks, the rate of insured unemployment(not seasonally adjusted) under this law:

(a) Equaled or exceeded one hundred twenty percent of the average ofsuch rates for the corresponding thirteen-week period ending in each of thepreceding two calendar years;

(b) Equaled or exceeded four percent for weeks beginning prior to oron September 25, 1982, or five percent for weeks beginning after September25, 1982; except that, if the rate of insured unemployment as contemplatedin this subdivision equals or exceeds five percent for weeks beginningprior to or on September 25, 1982, or six percent for weeks beginning afterSeptember 25, 1982, the determination of an "on" indicator shall be madeunder this subdivision as if this subdivision did not contain theprovisions of paragraph (a) of this subdivision; and

(c) With respect to weeks of unemployment beginning on or afterFebruary 1, 2009, and ending on or before December 5, 2009:

a. The average rate of total unemployment in the state (seasonallyadjusted), as determined by the United States Secretary of Labor, for theperiod consisting of the most recent three months for which data for allstates are published before the close of such week equals or exceeds sixand one-half percent; and

b. The average rate of total unemployment in the state (seasonallyadjusted), as determined by the United States Secretary of Labor, for thethree-month period referred to in subparagraph a. of this paragraph, equalsor exceeds one hundred and ten percent of such average for either or bothof the corresponding three-month periods ending in the two precedingcalendar years;

(3) There is a "state 'off' indicator" for this state for a week ifthe director determines, in accordance with the regulations of the UnitedStates Secretary of Labor, that for the period consisting of such week andthe immediately preceding twelve weeks, the rate of insured unemployment(not seasonally adjusted) under this law:

(a) Was less than one hundred twenty percent of the average of suchrates for the corresponding thirteen-week period ending in each of thepreceding two calendar years; or

(b) Was less than four percent (five percent for weeks beginningafter September 25, 1982); except, there shall not be an "off" indicatorfor any week in which an "on" indicator as contemplated in paragraph (b) ofsubdivision (2) of this subsection exists;

(4) "Rate of insured unemployment", for the purposes of subdivisions(2) and (3) of this subsection, means the percentage derived by dividing:

(a) The average weekly number of individuals filing claims forregular compensation in this state for weeks of unemployment with respectto the most recent thirteen-consecutive-week period, as determined by thedirector on the basis of his or her reports to the United States Secretaryof Labor, by

(b) The average monthly employment covered under this law for thefirst four of the most recent six completed calendar quarters ending beforethe end of such thirteen-week period;

(5) "Regular benefits" means benefits payable to an individual underthis law or under any other state law (including benefits payable tofederal civilian employees and ex-servicemen pursuant to 5 U.S.C. Chapter85) other than extended benefits;

(6) "Extended benefits" means benefits (including benefits payable tofederal civilian employees and to ex-servicemen pursuant to 5 U.S.C.Chapter 85) payable to an individual under the provisions of this sectionfor weeks of unemployment in his or her eligibility period;

(7) "Eligibility period" of an individual means the period consistingof the weeks in his or her benefit year which begin in an extended benefitperiod and, if his or her benefit year ends within such extended benefitperiod, any weeks thereafter which begin in such period;

(8) "Exhaustee" means an individual who, with respect to any week ofunemployment in his or her eligibility period:

(a) Has received, prior to such week, all of the regular benefitsthat were available to him or her under this law or any other state law(including dependents' allowances and benefits payable to federal civilianemployees and ex-servicemen under 5 U.S.C. Chapter 85) in his or hercurrent benefit year that includes such week; provided, that, for thepurposes of this paragraph, an individual shall be deemed to have receivedall of the regular benefits that were available to him or her although as aresult of a pending appeal with respect to wages or employment, or both,that were not considered in the original monetary determination in his orher benefit year, he may subsequently be determined to be entitled to addedregular benefits; or

(b) Has received, prior to such week, all the regular compensationavailable to him or her in his or her current benefit year that includessuch week under the unemployment compensation law of the state in which heor she files a claim for extended compensation or the unemploymentcompensation law of any other state after a cancellation of some or all ofhis or her wage credits or the partial or total reduction of his or herright to regular compensation; or

(c) His or her benefit year having expired prior to such week, he orshe has insufficient wages or employment, or both, on the basis of which heor she could establish in any state a new benefit year that would includesuch week, or having established a new benefit year that includes suchweek, he or she is precluded from receiving regular compensation by reasonof a state law provision which meets the requirement of section 3304(a)(7)of the Internal Revenue Code of 1954; and

(d) a. Has no right to unemployment benefits or allowances, as thecase may be, under the Railroad Unemployment Insurance Act, the TradeExpansion Act of 1962, the Automotive Products Trade Act of 1965 and suchother federal laws as are specified in regulations issued by the UnitedStates Secretary of Labor; and

b. Has not received and is not seeking unemployment benefits underthe unemployment compensation law of Canada; but if he or she is seekingsuch benefits and the appropriate agency finally determines that he or sheis not entitled to benefits under such law he or she is considered anexhaustee;

(9) "State law" means the unemployment insurance law of any state,approved by the United States Secretary of Labor under Section 3304 of theInternal Revenue Code of 1954.

2. Except when the result would be inconsistent with the otherprovisions of this section, as provided in the regulations of the director,the provisions of this law which apply to claims for, or the payment of,regular benefits shall apply to claims for, and the payment of, extendedbenefits.

3. An individual shall be eligible to receive extended benefits withrespect to any week of unemployment in his or her eligibility period onlyif the deputy finds that with respect to such week:

(1) He or she is an exhaustee as defined in subdivision (8) ofsubsection 1 of this section;

(2) He or she has satisfied the requirements of this law for thereceipt of regular benefits that are applicable to individuals claimingextended benefits, including not being subject to a disqualification forthe receipt of benefits; except that, in the case of a claim for benefitsfiled in another state, which is acting as an agent state under theInterstate Benefits Payment Plan as provided by regulation, which claim isbased on benefit credits accumulated in this state, eligibility forextended benefits shall be limited to the first two compensable weeksunless there is an extended benefit period in effect in both this state andthe agent state in which the claim was filed;

(3) The other provisions of this law notwithstanding, as to newextended benefit claims filed after September 25, 1982, an individual shallbe eligible to receive extended benefits with respect to any week ofunemployment in his or her eligibility period only if the deputy finds thatthe total wages in the base period of his or her benefit year equal atleast one and one-half times the wages paid during that quarter of his orher base period in which his or her wages were highest.

4. A claimant shall not be eligible for extended benefits followingany disqualification imposed under subsection 1 or 2 of section 288.050,unless subsequent to the effective date of the disqualification, theclaimant has been employed during at least four weeks and has earned wagesequal to at least four times his or her weekly benefit amount.

5. For the purposes of determining eligibility for extended benefits,the term "suitable work" means any work which is within such individual'scapabilities except that, if the individual furnishes satisfactory evidencethat the prospects for obtaining work in his or her customary occupationwithin a reasonably short period are good, the determination of whatconstitutes suitable work shall be made in accordance with the provisionsof subdivision (3) of subsection 1 of section 288.050. If a deputy findsthat a person who is claiming extended benefits has refused to accept or toapply for suitable work, as defined in this subsection, or has failed toactively engage in seeking work subsequent to the effective date of his orher claim for extended benefits, that person shall be ineligible forextended benefits for the period beginning with the first day of the weekin which such refusal or failure occurred. That ineligibility shall remainin effect until the person has been employed for at least four weeks afterthe week in which the refusal or failure occurred and has earned wagesequal to at least four times his or her weekly benefit amount.

6. Extended benefits shall not be denied under subsection 5 of thissection to any individual for any week by reason of a failure to accept anoffer of or apply for suitable work if:

(1) The gross average weekly remuneration for such work does notexceed the individual's weekly benefit amount plus the amount of anysupplemental unemployment benefits, as defined in section 501(c)(17)(d) ofthe Internal Revenue Code, payable to such individual for such week; or

(2) The position was not offered to such individual in writing or wasnot listed with the state employment service; or

(3) If the remuneration for the work offered is less than the minimumwage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938,as amended, without regard to any exemption or any applicable state orlocal minimum wage, whichever is the greater.

7. For the purposes of this section, an individual shall beconsidered as actively engaged in seeking work during any week with respectto which the individual has engaged in a systematic and sustained effort toobtain work as indicated by tangible evidence which the individual providesto the division.

8. Extended benefits shall not be denied for failure to apply for orto accept suitable work if such failure would not result in a denial ofbenefits under subdivision (3) of subsection 1 of section 288.050 to theextent that the provisions of subdivision (3) of subsection 1 of section288.050 are not inconsistent with the provisions of subsections 5 and 6 ofthis section.

9. The division shall refer any claimant entitled to extendedbenefits under this law to any suitable work which meets the criteriaestablished in subsections 5 and 6 of this section.

10. Notwithstanding other provisions of this chapter to the contrary,as to claims of extended benefits, subsections 4 to 9 of this section shallnot apply to weeks of unemployment beginning after March 6, 1993, andbefore January 1, 1995. Entitlement to extended benefits for weeksbeginning after March 6, 1993, and before January 1, 1995, shall bedetermined in accordance with provisions of this chapter not excluded bythis subsection.

11. "Weekly extended benefit amount." The weekly extended benefitamount payable to an individual for a week of total unemployment in his orher eligibility period shall be an amount equal to the weekly benefitamount payable to him or her during his or her applicable benefit year,reduced by a percentage equal to the percentage of the reduction in federalpayments to states under Section 204 of the Federal State ExtendedUnemployment Compensation Act of 1970, in accord with any order issuedunder any law of the United States. Such weekly benefit amount, if not amultiple of one dollar, shall be reduced to the nearest lower full dollaramount.

12. (1) "Total extended benefit amount." The total extended benefitamount payable to any eligible individual with respect to his or herapplicable benefit year shall be the lesser of the following amounts:

(a) Fifty percent of the total amount of regular benefits which werepayable to him or her under this law in his or her applicable benefit year;

(b) Thirteen times his or her weekly benefit amount which was payableto him or her under this law for a week of total unemployment in theapplicable benefit year.

(2) Notwithstanding subdivision (1) of this subsection, during anyfiscal year in which federal payments to states under Section 204 of theFederal State Extended Unemployment Compensation Act of 1970 are reducedunder any order issued under any law of the United States, the totalextended benefit amount payable to an individual with respect to his or herapplicable benefit year shall be reduced by an amount equal to theaggregate of the reductions under subsection 11 of this section in theweekly amounts paid to the individual.

(3) Notwithstanding the other provisions of this subsection, if thebenefit year of any individual ends within an extended benefit period, theremaining balance of extended benefits that such individual would, but forthis subdivision, be entitled to receive in that extended benefit period,with respect to weeks of unemployment beginning after the end of thebenefit year, shall be reduced, but not below zero, by the product of thenumber of weeks for which the individual received trade readjustmentallowances under the Trade Act of 1974, as amended, within that benefityear, multiplied by the individual's weekly benefit amount for extendedbenefits.

(4) (a) Effective with respect to weeks beginning in a highunemployment period, subdivision (1) of this subsection shall be applied bysubstituting:

a. Eighty percent for fifty percent in paragraph (a) of subdivision(1) of this subsection; and

b. Twenty times for thirteen times in paragraph (b) of subdivision(1) of this subsection.

(b) For purposes of paragraph (a) of this subdivision, the term "highunemployment period" means any period during which an extended benefitperiod would be in effect if subparagraph a. of paragraph (c) ofsubdivision (2) of subsection 1 of this section were applied bysubstituting eight percent for six and one-half percent.

13. (1) Whenever an extended benefit period is to become effectivein this state as a result of a state "on" indicator, or an extended benefitperiod is to be terminated in this state as a result of a state "off"indicator, the director shall make an appropriate public announcement.

(2) Computations required by the provisions of subdivision (4) ofsubsection 1 of this section, shall be made by the director, in accordancewith regulations prescribed by the United States Secretary of Labor.

(L. 1972 S.B. 474, A.L. 1977 H.B. 707, A.L. 1982 H.B. 1521, A.L. 1984 H.B. 1251 & 1549, A.L. 1988 H.B. 1485, A.L. 1993 H.B. 492, A.L. 2009 H.B. 1075)

Effective 6-12-09