52-07.1 Extended Benefit Program - North Dakota Statutes

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CHAPTER 52-07.1EXTENDED BENEFIT PROGRAM52-07.1-01.Extended benefit program - Purpose - Effective date.EffectiveJanuary 1, 1972, an unemployment program is hereby established to provide for the payment of
extended unemployment compensation benefits to hereinafter qualified workers who during
periods of high unemployment in the state, or in the nation, have exhausted their rights to regular
benefits under the North Dakota unemployment compensation law, or under federal law as
administered by job service North Dakota.52-07.1-02. Administration. Job service North Dakota, hereinafter called the "bureau",is vested with the duties, powers, and authority to administer the extended benefits program.52-07.1-03. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Additional benefits" means benefits payable to exhaustees by reasons of conditions
of high unemployment or by reason of other special factors under the provisions of
any state law.2."Eligibility period" of an individual means the period consisting of the weeks in the
individual's benefit year which begin in an extended period and, if the individual's
benefit year ends within such extended benefit period, any weeks thereafter which
begin in such period.3."Exhaustee" means an individual who, with respect to any week of unemployment in
the individual's eligibility period:a.Has received, prior to such week, all of the regular benefits that were available
to the individual under chapter 52-06 or any other state law, including
dependents' allowances and benefits payable to federal civilian employees and
ex-servicemen under 5 U.S.C. chapter 85, in the individual's current benefit
year that includes such 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 the individual, although, as a result of a pending
appeal with respect to wages that were not considered in the original monetary
determination in the individual's benefit year, the individual may subsequently
be determined to be entitled to added regular benefits;b.Having established a benefit year, no regular compensation is payable to the
individual during such year because the individual's wage credits were
canceled or the individual's right to regular compensation was totally reduced
as the result of the application of a disqualification;c.Has a benefit year which has expired prior to such week and has insufficient
wages or employment or both on the basis of which the individual could
establish in any state a new benefit year that would include such week, or
having established a new benefit year that includes such week, the individual is
precluded from receiving regular compensation by reason of a state law
provision which requires that an individual who has received benefits during a
benefit year must have had work since the beginning of such year in order to
qualify for benefits in the individual's next benefit year; ord.Has no right to unemployment benefits or allowances, as the case may be,
under the Railroad Unemployment Insurance Act [52 Stat. 1094; 45 U.S.C. 351
et seq.], the Trade Expansion Act of 1962 [Pub. L. 87-794; 76 Stat. 872; 19
U.S.C. 1801 et seq.], the Automotive Products Trade Act of 1965
[Pub. L. 89-283; 79 Stat. 1016; 19 U.S.C. 2001 et seq.], and such other federalPage No. 1laws as are specified in regulations issued by the United States secretary of
labor; and has not received and is not seeking unemployment benefits under
the unemployment compensation law of the Virgin Islands or of Canada; but if
the individual is seeking such benefits and the appropriate agency finally
determines that the individual is not entitled to benefits thereunder, the
individual must be considered an exhaustee.4."Extended benefit period" means a period which begins with the third week after a
week for which there is a state "on" indicator; and ends with either of the following
weeks, whichever occurs later: the third week after the first week for which there is a
state "off" indicator; or the thirteenth consecutive week of such period; provided, that
no extended benefit period may begin by reason of a state "on" indicator before the
fourteenth week following the end of a prior extended benefit period which was in
effect with respect to this state.5."Extended benefits" means benefits, including benefits payable to federal civilian
employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85, payable to an
individual under the provisions of this chapter for weeks of unemployment in the
individual's eligibility period.6.Repealed by S.L. 1983, ch. 541,