48-628.02 Extended benefits; terms, defined; weekly extended benefit amount; payment of emergency unemployment compensation. - Nebraska Statutes

48-628.02. Extended benefits; terms,defined; weekly extended benefitamount; payment of emergency unemployment compensation.(1) As usedin the Employment Security Law, unless the context otherwise requires:(a) Extended benefit period means a period which begins with the thirdweek after a week for which there is a state "on" indicatorand ends witheither of the following weeks, whichever occurs later: (i) Thethird week after the first week for which there is a state "off" indicatoror (ii) the thirteenth consecutiveweek of such period, except that no extended benefit period may begin by reasonof a state "on" indicator before thefourteenth week following the end of a prior extended benefit period whichwas in effect with respect to this state;(b) Extended benefits means benefits, including benefits payable tofederal civilian employees and to ex-servicemen or ex-servicewomen pursuantto 5 U.S.C. chapter 85, payable to an individual for weeks of unemploymentin his or her eligibility period;(c) Eligibility period ofan 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 benefit period,any weeks thereafter which begin in such period. Notwithstanding any other provision of the EmploymentSecurity Law, if the benefit year of any individual ends within an extendedbenefit period, the remaining balance of extended benefits that such individualwould, but for this section, be entitled to receive in that extended benefitperiod, 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 any amounts as trade readjustmentallowances within that benefit year multiplied by the individual's weeklybenefit amount for extended benefits;(d) Exhaustee means anindividual who, with respect to any week of unemployment in his or her eligibilityperiod: (i)(A) Has received, priorto such week, all of the regular benefits that were available to him or herunder the Employment Security Law of this state or under the unemployment insurance law of anyother state, including dependents'allowances and benefits payable to federal civilian employees and ex-servicemenor ex-servicewomen under 5 U.S.C. chapter 85, in his or her current benefityear that includes such week, except for the purposes of this subdivision,an individual shall be deemed to have received all of the regular benefitsthat were available to him or her although as a result of a pending appealwith respect to wages or employment or both wages and employment that werenot considered in the original monetary determination in his or her benefityear, he or she may subsequently be determined to be entitled to added regularbenefits; or (B) his or her benefit yearhaving expired prior to such week, has no, or insufficient, wages or employmentor both wages and employment on the basis of which he or she could establisha new benefit year that would include such week;(ii) Has noright to unemployment benefits or allowances, as the case may be, under theRailroad Unemployment Insurance Act, the Trade Expansion Act of 1962, theAutomotive Products Trade Act of 1965, and such other federal laws as arespecified in regulations issued by the United States Secretary of Labor; and (iii) Has notreceived and is not seeking unemployment benefits under the unemployment compensationlaw of Canada, but if he or she is seeking such benefits and the appropriateagency finally determines that he or she is not entitled to benefits undersuch law he or she is considered an exhaustee;(e) Rate of insured unemploymentmeans the percentage, used by the commissioner in determining whether thereis a state "on" or state "off" indicator, derived by dividing (i) the averageweekly number of individuals filing claims for regular compensation underthe Employment Security Law for weeks of unemployment with respect to themost recent thirteen-consecutive-week period, as determined by the commissioneron the basis of his or her reports to the United States Secretary of Labor,by (ii) the average monthly employment covered under the Employment SecurityLaw for the first four of the most recent six completed calendar quartersending before the end of such thirteen-week period;(f) Regular benefits means benefitspayable to an individual under the Employment Security Law of this state orunder the unemployment insurance law of any other state, including benefitspayable to federal civilian employees and to ex-servicemen or ex-servicewomenpursuant to 5 U.S.C. chapter 85, other than extended benefits;(g) State "off" indicatormeans a week that the commissioner determines that, for the period consistingof such week and the immediately preceding twelve weeks, neither subdivision(1)(h)(i) or (1)(h)(ii) of this section was satisfied; and(h) State "on" indicatormeans a week that the commissioner determines that for the period consistingof such week and the immediately preceding twelve weeks, the rate of insuredunemployment, not seasonally adjusted, under the Employment Security Law:(i) Equaled or exceeded one hundred twenty percent of the average of suchrates for the corresponding thirteen-week period ending in each of the precedingtwo calendar years and equaled or exceeded five percent or (ii) equaled orexceeded six percent.(2)Except when the result would be inconsistent with the other provisions ofthis section, as provided in the rules and regulations of the commissioner,the provisions of the Employment Security Law which apply to claims for orpayment of regular benefits shall apply to claims for and payment of extendedbenefits. An individual shall be eligible to receive extended benefits withrespect to any week of unemployment in his or her eligibility period onlyif the commissioner finds that with respect to such week: (a) Such individualis an exhaustee; (b) such individual has satisfied the requirements of theEmployment Security Law for the receipt of regular benefits that are applicableto individuals claiming extended benefits, including not being subject toa disqualification for the receipt of benefits; (c) sections 48-628.03 and 48-628.04 do not apply; and (d) such individual has been paid wages for insuredwork during the individual's base period equal to at least one and one-halftimes the wages paid in that calendar quarter of the individual's base periodin which such wages were highest.(3) The weekly extended benefit amount payable toan individual for a week of total unemployment in his or her eligibility periodshall be an amount equal to the weekly benefit amount payable to him or herduring his or her applicable benefit year. The total extended benefit amountpayable to any eligible individual with respect to his or her applicable benefityear shall be the least of the following amounts: Fifty percent of the totalamount of regular benefits which were payable to him or her under the EmploymentSecurity Law in his or her applicable benefit year; or thirteen times hisor her weekly benefit amount which was payable to him or her under the EmploymentSecurity Law for a week of total unemployment in the applicable benefit year.(4) Whenever an extendedbenefit period is to become effective in this state as a result of a state"on" indicator or an extended benefit period is to be terminated in this stateas a result of a state "off" indicator, the commissioner shall make an appropriatepublic announcement. Computations required to determine the rate of insuredunemployment shall be made by the commissioner in accordance with regulationsprescribed by the United States Secretary of Labor. Any amount of extendedbenefits payable to any individual for any week, if not an even dollar amount,shall be rounded to the next lower full dollar amount.(5) Notwithstanding anyother provision of the Employment Security Law, during an extended benefitperiod, the Governor may provide for the payment of emergency unemploymentcompensation pursuant to Public Law 110-252, as amended, or any substantiallysimilar federal unemployment compensation paid entirely from federal fundsto individuals prior to the payment of extended benefits pursuant to sections 48-628.02 to 48-628.04. SourceLaws 1971, LB 651, § 7; Laws 1972, LB 1392, § 5; Laws 1977, LB 509, § 6; Laws 1979, LB 581, § 4; Laws 1981, LB 470, § 4; Laws 1982, LB 801, § 3; Laws 1984, LB 746, § 3; Laws 1985, LB 339, § 23; Laws 2010, LB1055, § 1.