(a) Extended benefitsshall be paid under this Chapter as provided in this section.
(a1) Definitions. Asused in this section, unless the context clearly requires otherwise .
(1) "Extendedbenefit period" means a period which:
a. Begins the thirdweek after a week for which there is an "on" indicator; and
b. Ends with either ofthe following weeks, whichever occurs later:
1. The third week afterthe first week for which there is an "off" indicator; or
2. The 13th consecutiveweek of such period.
Provided,that no extended benefit period may begin before the 14th week following theend of a prior extended benefit period which was in effect with respect to thisState.
(2) Repealed by SessionLaws 1981 (Regular Session, 1982), c. 1178, s. 4.
(3) Repealed by SessionLaws 1982 (Regular Session, 1982), c. 1178, s. 5.
(4) There is an "onindicator" for this State for a week if the Commission determines, inaccordance with the regulations of the United States Secretary of Labor, thatfor the period consisting of such week and the immediate preceding 12 weeks,the rate of insured unemployment (not seasonally adjusted) under this Chapter:
a. Equalled or exceededone hundred twenty percent (120%) of the average of such rates for the corresponding13‑week period ending in each of the preceding two calendar years, andequalled or exceeded five percent (5%), or
b. Equalled or exceededsix percent (6%), or
c. With respect tobenefits for weeks of unemployment in North Carolina beginning after May 1,2002.
1. The average rate oftotal unemployment (seasonally adjusted), as determined by the United StatesSecretary of Labor, for the period consisting of the most recent three monthsfor which data for all states are published before the close of such weekequals or exceeds a six and one‑half percent (6.5%), and
2. The average rate oftotal unemployment in the State (seasonally adjusted), as determined by theUnited States Secretary of Labor, for the three‑month period referred toin sub‑subdivision c.1. of this subdivision, equals or exceeds onehundred ten percent (110%) of such average for either or both of thecorresponding three‑month periods ending in the two preceding calendaryears.
d. There is a State"off indicator" for a week with respect to sub‑subdivision c.of this subdivision, only if, for the period consisting of such week and theimmediately preceding 12 weeks, the option specified in sub‑subdivisionc. does not result in an "on indicator".
e. Total extendedbenefit amount.
1. The total extendedbenefit amount payment to any eligible individual with respect to theapplicable benefit year shall be the least of the following amounts:
I. Fifty percent (50%)of the total amount of regular benefits which were payable to the individual underthis Chapter in the individual's applicable benefit year; or
II. Thirteen times theindividual's weekly benefit amount that was payable to the individual underthis Chapter for a week of total unemployment in the applicable benefit year.
2. I. Effectivewith respect to weeks beginning in a high unemployment period, sub‑subdivisione.1. of this subdivision shall be applied by substituting:
A. "Eighty percent(80%)" for "fifty percent (50%)" in sub‑subdivisione.1.I., and
B. "Twenty"for "thirteen" in sub‑subdivision e.1.II.
II. For purposes of sub‑subdivision2.I., the term "high unemployment period" means any period duringwhich an extended benefit period would be in effect if sub‑subdivision c.of this subdivision were applied by substituting "eight percent (8%)"for six and one‑half percent (6.5%)".
(5) There is an"off indicator" for this State for a week if the Commissiondetermines, in accordance with the regulations of the United States Secretaryof Labor, that for the period consisting of such week and the immediatelypreceding 12 weeks, the rate of insured unemployment (not seasonally adjusted)under this Chapter:
a. Was less than onehundred twenty percent (120%) of the average of such rates for thecorresponding 13‑week period ending in each of the preceding two calendaryears, and was less than six percent (6%), or
b. Was less than fivepercent (5%).
(6) "Rate ofinsured unemployment," for the purposes of subparagraphs (4) and (5) ofthis subsection, means the percentage derived by dividing
a. The average weeklynumber of individuals filing claims for regular compensation in this State forweeks of unemployment with respect to the most recent 13 consecutive‑weekperiod, as determined by the Commission on the basis of its reports to theUnited States Secretary of Labor, by
b. The average monthlyemployment covered under this Chapter for the first four of the most recent sixcompleted calendar quarters ending before the end of such 13‑week period.
(7) "Regularbenefits" means benefits payable to an individual under this Chapter orany other State law (including benefits payable to federal civilian employeesand to ex‑servicemen pursuant to 5 U.S.C. Chapter 85) other than extendedbenefits.
(8) "Extendedbenefits" means benefits (including benefits payable to federal civilianemployees and to ex‑servicemen pursuant to 5 U.S.C. Chapter 85) payableto an individual under the provisions of this section for weeks of unemploymentin his eligibility period.
(9) "Eligibilityperiod" of an individual means the period consisting of the weeks in hisbenefit year which begin in an extended benefit period and if his benefit yearends within such extended benefit period, any weeks thereafter which begin insuch period.
(10) "Exhaustee"means an individual who, with respect to any week of unemployment in hiseligibility period:
a. Has received, priorto such week, all of the regular benefits that were available to him under thisChapter or any other State law (including dependents' allowances and benefitspayable to federal civilian employees and ex‑servicemen under 5 U.S.C.Chapter 85) in his current benefit year that includes such week;
Provided,that, for the purposes of this subdivision, an individual shall be deemed tohave received all of the regular benefits that were available to him although(1) as a result of a pending appeal with respect to wages that were notconsidered in the original monetary determination in his benefit year, he maysubsequently be determined to be entitled to added regular benefits, or (2) hemay be entitled to regular benefits with respect to future weeks ofunemployment, but such benefits are not payable with respect to such week ofunemployment by reason of the provisions in G.S. 96‑16; or
b. His benefit yearhaving expired prior to such week, has no, or insufficient, wages on the basisof which he could establish a new benefit year that would include such week;and
c. 1. Hasno right 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
2. Has not received andis not seeking unemployment benefits under the unemployment compensation law ofCanada; but if he is seeking such benefits and the appropriate agency finallydetermines that he is not entitled to benefits under such law, he is consideredan exhaustee.
(11) "State law"means the unemployment insurance law of any state approved by the United StatesSecretary of Labor under section 3304 of the Internal Revenue Code.
(b) Effect of State LawProvisions Relating to Regular Benefits on Claims for, and for Payment of,Extended Benefits. Except when the result would be inconsistent with theother provisions of this section and in matters of eligibility determination,as provided in the regulations of the Commission, the provisions of thisChapter which apply to claims for, or the payment of, regular benefits shallapply to claims for, and the payment of, extended benefits.
(c) EligibilityRequirements for Extended Benefits. An individual shall be eligible toreceive extended benefits with respect to any week of unemployment in hiseligibility period only if the Commission finds that with respect to such week:
(1) He is an"exhaustee" as defined in subsection (a)(10).
(2) He has satisfied therequirements of this Chapter for the receipt of regular benefits that areapplicable to individuals claiming extended benefits, including not beingsubject to a disqualification for the receipt of benefits. Provided, however,that for purposes of disqualification for extended benefits for weeks ofunemployment beginning after March 31, 1981, the term "suitable work"means any work which is within the individual's capabilities to perform if: (i)The gross average weekly remuneration payable for the work exceeds the sum ofthe individual's weekly extended benefit amount plus the amount, if any, ofsupplemental unemployment benefits (as defined in section 501(C)(17)(D) of theInternal Revenue Code of 1954) payable to such individual for such week; and(ii) the gross wages payable for the work equal the higher of the minimum wagesprovided by section 6(a)(1) of the Fair Labor Standards Act of 1938 as amended(without regard to any exemption), or the State minimum wage; and (iii) thework is offered to the individual in writing and is listed with the Stateemployment service; and (iv) the considerations contained in G.S. 96‑14(3)for determining whether or not work is suitable are applied to the extent thatthey are not inconsistent with the specific requirements of this subdivision;and (v) the individual cannot furnish evidence satisfactory to the Commissionthat his prospects for obtaining work in his customary occupation within areasonably short period of time are good, but if the individual submitsevidence which the Commission deems satisfactory for this purpose, thedetermination of whether or not work is suitable with respect to suchindividual shall be made in accordance with G.S. 96‑14(3) without regardto the definition contained in this subdivision. Provided, further, that nowork shall be deemed to be suitable work for an individual which does notaccord with the labor standard provisions set forth in this subdivision, butthe employment service shall refer any individual claiming extended benefits toany work which is deemed suitable hereunder. Provided, further, that anyindividual who has been disqualified for voluntarily leaving employment, beingdischarged for misconduct or substantial fault, or refusing suitable work underG.S. 96‑14 and who has had the disqualification terminated, shall havesuch disqualification reinstated when claiming extended benefits unless thetermination of the disqualification was based upon employment subsequent to thedate of the disqualification.
(3) After March 31,1981, he has not failed either to apply for or to accept an offer of suitablework, as defined in G.S. 96‑12.01(c)(2), to which he was referred by anemployment office of the Commission, and he has furnished the Commission withtangible evidence that he has actively engaged in a systematic and sustainedeffort to find work. If an individual is found to be ineligible hereunder, heshall be ineligible beginning with the week in which he either failed to applyfor or to accept the offer of suitable work or failed to furnish the Commissionwith tangible evidence that he has actively engaged in a systematic andsustained effort to find work and such individual shall continue to beineligible for extended benefits until he has been employed in each of foursubsequent weeks (whether or not consecutive) and has earned remuneration equalto not less than four times his weekly benefit amount.
(4) Pursuant to section202(a)(7) of the Federal‑State Extended Unemployment Compensation Act of1970 (P.L. 91‑373), as amended by section 202(b)(1) of the UnemploymentCompensation Amendments of 1992 (Public Law 102‑318), for any week ofunemployment beginning after March 6, 1993, and before January 1, 1995, theindividual is an exhaustee as defined by federal law and has satisfied therequirements of this Chapter for the receipt of regular benefits that areapplicable to individuals claiming extended benefits, including not beingsubject to a disqualification for the receipt of benefits. Provided, the termsand conditions of State law that apply to claims for regular compensation andto the payment thereof shall apply to claims for extended benefits and to thepayment thereof.
(5) An individual shallnot be eligible for extended compensation unless the individual had 20 weeks offull‑time insured employment, or the equivalent in insured wages, asdetermined by a calculation of base period wages based upon total hours workedduring each quarter of the base period and the hourly wage rate for eachquarter of the base period. For the purposes of this paragraph, the equivalentin insured wages shall be earnings covered by the State law for compensation purposeswhich exceed 40 times the individual's most recent weekly benefit amount or oneand one‑half times the individual's insured wages in that calendarquarter of the base period in which the individual's insured wages were thehighest.
(d) Weekly ExtendedBenefit Amount. The weekly extended benefit amount payable to an individualfor a week of total unemployment in his eligibility period shall be an amountequal to the weekly benefit amount payable to him during his applicable benefityear. For any individual who was paid benefits during the applicable benefityear in accordance with more than one weekly benefit amount, the weeklyextended benefit amount shall be the average of such weekly benefit amountsrounded to the nearest lower full dollar amount (if not a full dollar amount).Provided, that for any week during a period in which federal payments to statesunder Section 204 of the Federal‑State Extended Unemployment CompensationAct of 1970, P.L. 91‑373, are reduced under an order issued under Section252 of the Balanced Budget and Emergency Deficit Control Act of 1985, P.L. 99‑177,the weekly extended benefit amount payable to an individual for a week of totalunemployment in his eligibility period shall be reduced by a percentageequivalent to the percentage of the reduction in the federal payment. Thereduced weekly extended benefit amount, if not a full dollar amount, shall berounded to the nearest lower full dollar amount.
(e) (1) TotalExtended Benefit Amount. Except as provided in subdivision (2) hereof, thetotal extended benefit amount payable to any eligible individual with respectto his applicable benefit year shall be the least of the following amounts:
a. Fifty percent (50%)of the total amount of regular benefits which were payable to him under thisChapter in his applicable benefit year; or
b. Thirteen times hisweekly benefit amount which was payable to him under this Chapter for a week oftotal unemployment in the applicable benefit year.
Provided,that during any fiscal year in which federal payments to states under Section204 of the Federal‑State Extended Unemployment Compensation Act of 1970,P.L. 91‑373, are reduced under an order issued under Section 252 of theBalanced Budget and Emergency Deficit Control Act of 1985, P.L. 99‑177,the total extended benefit amount payable to an individual with respect to hisapplicable benefit year shall be reduced by an amount equal to the aggregate ofthe reductions under G.S. 96‑12.01(d) and the weekly amounts paid to theindividual.
(2) Notwithstanding anyother provisions of this Chapter, if the benefit year of any individual endswithin an extended benefit period, the remaining balance of extended benefitsthat such individual would, but for this subdivision, be entitled to receive inthat extended benefit period, with respect to weeks of unemployment beginningafter the end of the benefit year, shall be reduced (but not below zero) by theproduct of the number of weeks for which the individual received any amounts astrade readjustment allowances within that benefit year, multiplied by theindividual's weekly benefit amount for extended benefits.
(f) Beginning andTermination of Extended Benefit Period.
(1) Whenever an extendedbenefit period is to become effective in this State as a result of an"on" indicator, or an extended benefit period is to be terminated inthis State as a result of an "off" indicator, the Commission shallmake an appropriate public announcement; and
(2) Computationsrequired by the provisions of subsection (a)(6) shall be made by theCommission, in accordance with regulations prescribed by the United StatesSecretary of Labor.
(g) Prior to January 1,1978, any extended benefits paid to any claimant under G.S. 96‑12.01shall not be charged to the account of the base period employer(s) who paytaxes as required by this Chapter. However, fifty percent (50%) of any suchbenefits paid shall be allocated as provided in G.S. 96‑9(c)(2) a (exceptthat G.S. 96‑9(c)(2) b shall not apply), and the applicable amount shallbe charged to the account of the appropriate employer paying on a reimbursementbasis in lieu of taxes.
On and after January 1, 1978,the federal portion of any extended benefits shall not be charged to theaccount of any employer who pays taxes as required by this Chapter but theState portion of such extended benefits shall be:
(1) Charged to theaccount of such employer; or
(2) Not charged to theaccount of the employer under the provisions of G.S. 96‑9(c)(2).
All state portions of theextended benefits paid shall be charged to the account of governmental entitiesor other employers not liable for FUTA taxes who are the base period employers.
(h) Notwithstanding theprovisions of G.S. 96‑9(d)(1)a, 96‑9(d)(2)c, 96‑12.01(g), orany other provision of this Chapter, any extended benefits paid which are onehundred percent (100%) federally financed shall not be charged in anypercentage to any employer's account.
(i) For weeks ofunemployment beginning on or after June 1, 1981, a claimant who is filing aninterstate claim under the interstate benefit payment plan shall be eligiblefor extended benefits for no more than two weeks when there is an "offindicator" in the state where the claimant files. (Ex. Sess. 1936, c. 1, s. 3;1937, c. 448, s. 1; 1939, c. 27, ss. 1‑3, 14; c. 141; 1941, c. 108, s. 1;c. 276; 1943, c. 377, ss. 1‑4; 1945, c. 522, ss. 24‑26; 1947, c.326, s. 21; 1949, c. 424, ss. 19‑21; 1951, c. 332, ss. 10‑12; 1953,c. 401, ss. 17, 18; 1957, c. 1059, ss. 12, 13; c. 1339; 1959, c. 362, ss. 12‑15;1961, c. 454, ss. 17, 18; 1965, c. 795, ss. 15, 16; 1969, c. 575, s. 9; 1971,c. 673, ss. 25, 26; 1973, c. 1138, ss. 3‑7; 1975, c. 2, ss. 1‑5;1977, c. 727, s. 52; 1979, c. 660, ss. 18, 19; 1981, c. 160, ss. 17‑23;1981 (Reg. Sess., 1982), c. 1178, ss. 3‑14; 1983, c. 585, ss. 12‑16;c. 625, ss. 1, 7; 1985, c. 552, s. 9; 1985 (Reg. Sess., 1986), c. 918; 1987, c.17, s. 8; 1993, c. 122, s. 2; 1993 (Reg. Sess., 1994), c. 680, ss. 1‑3;1995 (Reg. Sess., 1996), c. 646, s. 25(a); 1997‑456, s. 27; 1999‑340,ss. 4, 5; 2001‑414, ss. 42, 43, 44; 2002‑143, ss. 1, 1.1.)
(a) Extended benefitsshall be paid under this Chapter as provided in this section.
(a1) Definitions. Asused in this section, unless the context clearly requires otherwise .
(1) "Extendedbenefit period" means a period which:
a. Begins the thirdweek after a week for which there is an "on" indicator; and
b. Ends with either ofthe following weeks, whichever occurs later:
1. The third week afterthe first week for which there is an "off" indicator; or
2. The 13th consecutiveweek of such period.
Provided,that no extended benefit period may begin before the 14th week following theend of a prior extended benefit period which was in effect with respect to thisState.
(2) Repealed by SessionLaws 1981 (Regular Session, 1982), c. 1178, s. 4.
(3) Repealed by SessionLaws 1982 (Regular Session, 1982), c. 1178, s. 5.
(4) There is an "onindicator" for this State for a week if the Commission determines, inaccordance with the regulations of the United States Secretary of Labor, thatfor the period consisting of such week and the immediate preceding 12 weeks,the rate of insured unemployment (not seasonally adjusted) under this Chapter:
a. Equalled or exceededone hundred twenty percent (120%) of the average of such rates for the corresponding13‑week period ending in each of the preceding two calendar years, andequalled or exceeded five percent (5%), or
b. Equalled or exceededsix percent (6%), or
c. With respect tobenefits for weeks of unemployment in North Carolina beginning after May 1,2002.
1. The average rate oftotal unemployment (seasonally adjusted), as determined by the United StatesSecretary of Labor, for the period consisting of the most recent three monthsfor which data for all states are published before the close of such weekequals or exceeds a six and one‑half percent (6.5%), and
2. The average rate oftotal unemployment in the State (seasonally adjusted), as determined by theUnited States Secretary of Labor, for the three‑month period referred toin sub‑subdivision c.1. of this subdivision, equals or exceeds onehundred ten percent (110%) of such average for either or both of thecorresponding three‑month periods ending in the two preceding calendaryears.
d. There is a State"off indicator" for a week with respect to sub‑subdivision c.of this subdivision, only if, for the period consisting of such week and theimmediately preceding 12 weeks, the option specified in sub‑subdivisionc. does not result in an "on indicator".
e. Total extendedbenefit amount.
1. The total extendedbenefit amount payment to any eligible individual with respect to theapplicable benefit year shall be the least of the following amounts:
I. Fifty percent (50%)of the total amount of regular benefits which were payable to the individual underthis Chapter in the individual's applicable benefit year; or
II. Thirteen times theindividual's weekly benefit amount that was payable to the individual underthis Chapter for a week of total unemployment in the applicable benefit year.
2. I. Effectivewith respect to weeks beginning in a high unemployment period, sub‑subdivisione.1. of this subdivision shall be applied by substituting:
A. "Eighty percent(80%)" for "fifty percent (50%)" in sub‑subdivisione.1.I., and
B. "Twenty"for "thirteen" in sub‑subdivision e.1.II.
II. For purposes of sub‑subdivision2.I., the term "high unemployment period" means any period duringwhich an extended benefit period would be in effect if sub‑subdivision c.of this subdivision were applied by substituting "eight percent (8%)"for six and one‑half percent (6.5%)".
(5) There is an"off indicator" for this State for a week if the Commissiondetermines, in accordance with the regulations of the United States Secretaryof Labor, that for the period consisting of such week and the immediatelypreceding 12 weeks, the rate of insured unemployment (not seasonally adjusted)under this Chapter:
a. Was less than onehundred twenty percent (120%) of the average of such rates for thecorresponding 13‑week period ending in each of the preceding two calendaryears, and was less than six percent (6%), or
b. Was less than fivepercent (5%).
(6) "Rate ofinsured unemployment," for the purposes of subparagraphs (4) and (5) ofthis subsection, means the percentage derived by dividing
a. The average weeklynumber of individuals filing claims for regular compensation in this State forweeks of unemployment with respect to the most recent 13 consecutive‑weekperiod, as determined by the Commission on the basis of its reports to theUnited States Secretary of Labor, by
b. The average monthlyemployment covered under this Chapter for the first four of the most recent sixcompleted calendar quarters ending before the end of such 13‑week period.
(7) "Regularbenefits" means benefits payable to an individual under this Chapter orany other State law (including benefits payable to federal civilian employeesand to ex‑servicemen pursuant to 5 U.S.C. Chapter 85) other than extendedbenefits.
(8) "Extendedbenefits" means benefits (including benefits payable to federal civilianemployees and to ex‑servicemen pursuant to 5 U.S.C. Chapter 85) payableto an individual under the provisions of this section for weeks of unemploymentin his eligibility period.
(9) "Eligibilityperiod" of an individual means the period consisting of the weeks in hisbenefit year which begin in an extended benefit period and if his benefit yearends within such extended benefit period, any weeks thereafter which begin insuch period.
(10) "Exhaustee"means an individual who, with respect to any week of unemployment in hiseligibility period:
a. Has received, priorto such week, all of the regular benefits that were available to him under thisChapter or any other State law (including dependents' allowances and benefitspayable to federal civilian employees and ex‑servicemen under 5 U.S.C.Chapter 85) in his current benefit year that includes such week;
Provided,that, for the purposes of this subdivision, an individual shall be deemed tohave received all of the regular benefits that were available to him although(1) as a result of a pending appeal with respect to wages that were notconsidered in the original monetary determination in his benefit year, he maysubsequently be determined to be entitled to added regular benefits, or (2) hemay be entitled to regular benefits with respect to future weeks ofunemployment, but such benefits are not payable with respect to such week ofunemployment by reason of the provisions in G.S. 96‑16; or
b. His benefit yearhaving expired prior to such week, has no, or insufficient, wages on the basisof which he could establish a new benefit year that would include such week;and
c. 1. Hasno right 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
2. Has not received andis not seeking unemployment benefits under the unemployment compensation law ofCanada; but if he is seeking such benefits and the appropriate agency finallydetermines that he is not entitled to benefits under such law, he is consideredan exhaustee.
(11) "State law"means the unemployment insurance law of any state approved by the United StatesSecretary of Labor under section 3304 of the Internal Revenue Code.
(b) Effect of State LawProvisions Relating to Regular Benefits on Claims for, and for Payment of,Extended Benefits. Except when the result would be inconsistent with theother provisions of this section and in matters of eligibility determination,as provided in the regulations of the Commission, the provisions of thisChapter which apply to claims for, or the payment of, regular benefits shallapply to claims for, and the payment of, extended benefits.
(c) EligibilityRequirements for Extended Benefits. An individual shall be eligible toreceive extended benefits with respect to any week of unemployment in hiseligibility period only if the Commission finds that with respect to such week:
(1) He is an"exhaustee" as defined in subsection (a)(10).
(2) He has satisfied therequirements of this Chapter for the receipt of regular benefits that areapplicable to individuals claiming extended benefits, including not beingsubject to a disqualification for the receipt of benefits. Provided, however,that for purposes of disqualification for extended benefits for weeks ofunemployment beginning after March 31, 1981, the term "suitable work"means any work which is within the individual's capabilities to perform if: (i)The gross average weekly remuneration payable for the work exceeds the sum ofthe individual's weekly extended benefit amount plus the amount, if any, ofsupplemental unemployment benefits (as defined in section 501(C)(17)(D) of theInternal Revenue Code of 1954) payable to such individual for such week; and(ii) the gross wages payable for the work equal the higher of the minimum wagesprovided by section 6(a)(1) of the Fair Labor Standards Act of 1938 as amended(without regard to any exemption), or the State minimum wage; and (iii) thework is offered to the individual in writing and is listed with the Stateemployment service; and (iv) the considerations contained in G.S. 96‑14(3)for determining whether or not work is suitable are applied to the extent thatthey are not inconsistent with the specific requirements of this subdivision;and (v) the individual cannot furnish evidence satisfactory to the Commissionthat his prospects for obtaining work in his customary occupation within areasonably short period of time are good, but if the individual submitsevidence which the Commission deems satisfactory for this purpose, thedetermination of whether or not work is suitable with respect to suchindividual shall be made in accordance with G.S. 96‑14(3) without regardto the definition contained in this subdivision. Provided, further, that nowork shall be deemed to be suitable work for an individual which does notaccord with the labor standard provisions set forth in this subdivision, butthe employment service shall refer any individual claiming extended benefits toany work which is deemed suitable hereunder. Provided, further, that anyindividual who has been disqualified for voluntarily leaving employment, beingdischarged for misconduct or substantial fault, or refusing suitable work underG.S. 96‑14 and who has had the disqualification terminated, shall havesuch disqualification reinstated when claiming extended benefits unless thetermination of the disqualification was based upon employment subsequent to thedate of the disqualification.
(3) After March 31,1981, he has not failed either to apply for or to accept an offer of suitablework, as defined in G.S. 96‑12.01(c)(2), to which he was referred by anemployment office of the Commission, and he has furnished the Commission withtangible evidence that he has actively engaged in a systematic and sustainedeffort to find work. If an individual is found to be ineligible hereunder, heshall be ineligible beginning with the week in which he either failed to applyfor or to accept the offer of suitable work or failed to furnish the Commissionwith tangible evidence that he has actively engaged in a systematic andsustained effort to find work and such individual shall continue to beineligible for extended benefits until he has been employed in each of foursubsequent weeks (whether or not consecutive) and has earned remuneration equalto not less than four times his weekly benefit amount.
(4) Pursuant to section202(a)(7) of the Federal‑State Extended Unemployment Compensation Act of1970 (P.L. 91‑373), as amended by section 202(b)(1) of the UnemploymentCompensation Amendments of 1992 (Public Law 102‑318), for any week ofunemployment beginning after March 6, 1993, and before January 1, 1995, theindividual is an exhaustee as defined by federal law and has satisfied therequirements of this Chapter for the receipt of regular benefits that areapplicable to individuals claiming extended benefits, including not beingsubject to a disqualification for the receipt of benefits. Provided, the termsand conditions of State law that apply to claims for regular compensation andto the payment thereof shall apply to claims for extended benefits and to thepayment thereof.
(5) An individual shallnot be eligible for extended compensation unless the individual had 20 weeks offull‑time insured employment, or the equivalent in insured wages, asdetermined by a calculation of base period wages based upon total hours workedduring each quarter of the base period and the hourly wage rate for eachquarter of the base period. For the purposes of this paragraph, the equivalentin insured wages shall be earnings covered by the State law for compensation purposeswhich exceed 40 times the individual's most recent weekly benefit amount or oneand one‑half times the individual's insured wages in that calendarquarter of the base period in which the individual's insured wages were thehighest.
(d) Weekly ExtendedBenefit Amount. The weekly extended benefit amount payable to an individualfor a week of total unemployment in his eligibility period shall be an amountequal to the weekly benefit amount payable to him during his applicable benefityear. For any individual who was paid benefits during the applicable benefityear in accordance with more than one weekly benefit amount, the weeklyextended benefit amount shall be the average of such weekly benefit amountsrounded to the nearest lower full dollar amount (if not a full dollar amount).Provided, that for any week during a period in which federal payments to statesunder Section 204 of the Federal‑State Extended Unemployment CompensationAct of 1970, P.L. 91‑373, are reduced under an order issued under Section252 of the Balanced Budget and Emergency Deficit Control Act of 1985, P.L. 99‑177,the weekly extended benefit amount payable to an individual for a week of totalunemployment in his eligibility period shall be reduced by a percentageequivalent to the percentage of the reduction in the federal payment. Thereduced weekly extended benefit amount, if not a full dollar amount, shall berounded to the nearest lower full dollar amount.
(e) (1) TotalExtended Benefit Amount. Except as provided in subdivision (2) hereof, thetotal extended benefit amount payable to any eligible individual with respectto his applicable benefit year shall be the least of the following amounts:
a. Fifty percent (50%)of the total amount of regular benefits which were payable to him under thisChapter in his applicable benefit year; or
b. Thirteen times hisweekly benefit amount which was payable to him under this Chapter for a week oftotal unemployment in the applicable benefit year.
Provided,that during any fiscal year in which federal payments to states under Section204 of the Federal‑State Extended Unemployment Compensation Act of 1970,P.L. 91‑373, are reduced under an order issued under Section 252 of theBalanced Budget and Emergency Deficit Control Act of 1985, P.L. 99‑177,the total extended benefit amount payable to an individual with respect to hisapplicable benefit year shall be reduced by an amount equal to the aggregate ofthe reductions under G.S. 96‑12.01(d) and the weekly amounts paid to theindividual.
(2) Notwithstanding anyother provisions of this Chapter, if the benefit year of any individual endswithin an extended benefit period, the remaining balance of extended benefitsthat such individual would, but for this subdivision, be entitled to receive inthat extended benefit period, with respect to weeks of unemployment beginningafter the end of the benefit year, shall be reduced (but not below zero) by theproduct of the number of weeks for which the individual received any amounts astrade readjustment allowances within that benefit year, multiplied by theindividual's weekly benefit amount for extended benefits.
(f) Beginning andTermination of Extended Benefit Period.
(1) Whenever an extendedbenefit period is to become effective in this State as a result of an"on" indicator, or an extended benefit period is to be terminated inthis State as a result of an "off" indicator, the Commission shallmake an appropriate public announcement; and
(2) Computationsrequired by the provisions of subsection (a)(6) shall be made by theCommission, in accordance with regulations prescribed by the United StatesSecretary of Labor.
(g) Prior to January 1,1978, any extended benefits paid to any claimant under G.S. 96‑12.01shall not be charged to the account of the base period employer(s) who paytaxes as required by this Chapter. However, fifty percent (50%) of any suchbenefits paid shall be allocated as provided in G.S. 96‑9(c)(2) a (exceptthat G.S. 96‑9(c)(2) b shall not apply), and the applicable amount shallbe charged to the account of the appropriate employer paying on a reimbursementbasis in lieu of taxes.
On and after January 1, 1978,the federal portion of any extended benefits shall not be charged to theaccount of any employer who pays taxes as required by this Chapter but theState portion of such extended benefits shall be:
(1) Charged to theaccount of such employer; or
(2) Not charged to theaccount of the employer under the provisions of G.S. 96‑9(c)(2).
All state portions of theextended benefits paid shall be charged to the account of governmental entitiesor other employers not liable for FUTA taxes who are the base period employers.
(h) Notwithstanding theprovisions of G.S. 96‑9(d)(1)a, 96‑9(d)(2)c, 96‑12.01(g), orany other provision of this Chapter, any extended benefits paid which are onehundred percent (100%) federally financed shall not be charged in anypercentage to any employer's account.
(i) For weeks ofunemployment beginning on or after June 1, 1981, a claimant who is filing aninterstate claim under the interstate benefit payment plan shall be eligiblefor extended benefits for no more than two weeks when there is an "offindicator" in the state where the claimant files. (Ex. Sess. 1936, c. 1, s. 3;1937, c. 448, s. 1; 1939, c. 27, ss. 1‑3, 14; c. 141; 1941, c. 108, s. 1;c. 276; 1943, c. 377, ss. 1‑4; 1945, c. 522, ss. 24‑26; 1947, c.326, s. 21; 1949, c. 424, ss. 19‑21; 1951, c. 332, ss. 10‑12; 1953,c. 401, ss. 17, 18; 1957, c. 1059, ss. 12, 13; c. 1339; 1959, c. 362, ss. 12‑15;1961, c. 454, ss. 17, 18; 1965, c. 795, ss. 15, 16; 1969, c. 575, s. 9; 1971,c. 673, ss. 25, 26; 1973, c. 1138, ss. 3‑7; 1975, c. 2, ss. 1‑5;1977, c. 727, s. 52; 1979, c. 660, ss. 18, 19; 1981, c. 160, ss. 17‑23;1981 (Reg. Sess., 1982), c. 1178, ss. 3‑14; 1983, c. 585, ss. 12‑16;c. 625, ss. 1, 7; 1985, c. 552, s. 9; 1985 (Reg. Sess., 1986), c. 918; 1987, c.17, s. 8; 1993, c. 122, s. 2; 1993 (Reg. Sess., 1994), c. 680, ss. 1‑3;1995 (Reg. Sess., 1996), c. 646, s. 25(a); 1997‑456, s. 27; 1999‑340,ss. 4, 5; 2001‑414, ss. 42, 43, 44; 2002‑143, ss. 1, 1.1.)
(a) Extended benefitsshall be paid under this Chapter as provided in this section.
(a1) Definitions. Asused in this section, unless the context clearly requires otherwise .
(1) "Extendedbenefit period" means a period which:
a. Begins the thirdweek after a week for which there is an "on" indicator; and
b. Ends with either ofthe following weeks, whichever occurs later:
1. The third week afterthe first week for which there is an "off" indicator; or
2. The 13th consecutiveweek of such period.
Provided,that no extended benefit period may begin before the 14th week following theend of a prior extended benefit period which was in effect with respect to thisState.
(2) Repealed by SessionLaws 1981 (Regular Session, 1982), c. 1178, s. 4.
(3) Repealed by SessionLaws 1982 (Regular Session, 1982), c. 1178, s. 5.
(4) There is an "onindicator" for this State for a week if the Commission determines, inaccordance with the regulations of the United States Secretary of Labor, thatfor the period consisting of such week and the immediate preceding 12 weeks,the rate of insured unemployment (not seasonally adjusted) under this Chapter:
a. Equalled or exceededone hundred twenty percent (120%) of the average of such rates for the corresponding13‑week period ending in each of the preceding two calendar years, andequalled or exceeded five percent (5%), or
b. Equalled or exceededsix percent (6%), or
c. With respect tobenefits for weeks of unemployment in North Carolina beginning after May 1,2002.
1. The average rate oftotal unemployment (seasonally adjusted), as determined by the United StatesSecretary of Labor, for the period consisting of the most recent three monthsfor which data for all states are published before the close of such weekequals or exceeds a six and one‑half percent (6.5%), and
2. The average rate oftotal unemployment in the State (seasonally adjusted), as determined by theUnited States Secretary of Labor, for the three‑month period referred toin sub‑subdivision c.1. of this subdivision, equals or exceeds onehundred ten percent (110%) of such average for either or both of thecorresponding three‑month periods ending in the two preceding calendaryears.
d. There is a State"off indicator" for a week with respect to sub‑subdivision c.of this subdivision, only if, for the period consisting of such week and theimmediately preceding 12 weeks, the option specified in sub‑subdivisionc. does not result in an "on indicator".
e. Total extendedbenefit amount.
1. The total extendedbenefit amount payment to any eligible individual with respect to theapplicable benefit year shall be the least of the following amounts:
I. Fifty percent (50%)of the total amount of regular benefits which were payable to the individual underthis Chapter in the individual's applicable benefit year; or
II. Thirteen times theindividual's weekly benefit amount that was payable to the individual underthis Chapter for a week of total unemployment in the applicable benefit year.
2. I. Effectivewith respect to weeks beginning in a high unemployment period, sub‑subdivisione.1. of this subdivision shall be applied by substituting:
A. "Eighty percent(80%)" for "fifty percent (50%)" in sub‑subdivisione.1.I., and
B. "Twenty"for "thirteen" in sub‑subdivision e.1.II.
II. For purposes of sub‑subdivision2.I., the term "high unemployment period" means any period duringwhich an extended benefit period would be in effect if sub‑subdivision c.of this subdivision were applied by substituting "eight percent (8%)"for six and one‑half percent (6.5%)".
(5) There is an"off indicator" for this State for a week if the Commissiondetermines, in accordance with the regulations of the United States Secretaryof Labor, that for the period consisting of such week and the immediatelypreceding 12 weeks, the rate of insured unemployment (not seasonally adjusted)under this Chapter:
a. Was less than onehundred twenty percent (120%) of the average of such rates for thecorresponding 13‑week period ending in each of the preceding two calendaryears, and was less than six percent (6%), or
b. Was less than fivepercent (5%).
(6) "Rate ofinsured unemployment," for the purposes of subparagraphs (4) and (5) ofthis subsection, means the percentage derived by dividing
a. The average weeklynumber of individuals filing claims for regular compensation in this State forweeks of unemployment with respect to the most recent 13 consecutive‑weekperiod, as determined by the Commission on the basis of its reports to theUnited States Secretary of Labor, by
b. The average monthlyemployment covered under this Chapter for the first four of the most recent sixcompleted calendar quarters ending before the end of such 13‑week period.
(7) "Regularbenefits" means benefits payable to an individual under this Chapter orany other State law (including benefits payable to federal civilian employeesand to ex‑servicemen pursuant to 5 U.S.C. Chapter 85) other than extendedbenefits.
(8) "Extendedbenefits" means benefits (including benefits payable to federal civilianemployees and to ex‑servicemen pursuant to 5 U.S.C. Chapter 85) payableto an individual under the provisions of this section for weeks of unemploymentin his eligibility period.
(9) "Eligibilityperiod" of an individual means the period consisting of the weeks in hisbenefit year which begin in an extended benefit period and if his benefit yearends within such extended benefit period, any weeks thereafter which begin insuch period.
(10) "Exhaustee"means an individual who, with respect to any week of unemployment in hiseligibility period:
a. Has received, priorto such week, all of the regular benefits that were available to him under thisChapter or any other State law (including dependents' allowances and benefitspayable to federal civilian employees and ex‑servicemen under 5 U.S.C.Chapter 85) in his current benefit year that includes such week;
Provided,that, for the purposes of this subdivision, an individual shall be deemed tohave received all of the regular benefits that were available to him although(1) as a result of a pending appeal with respect to wages that were notconsidered in the original monetary determination in his benefit year, he maysubsequently be determined to be entitled to added regular benefits, or (2) hemay be entitled to regular benefits with respect to future weeks ofunemployment, but such benefits are not payable with respect to such week ofunemployment by reason of the provisions in G.S. 96‑16; or
b. His benefit yearhaving expired prior to such week, has no, or insufficient, wages on the basisof which he could establish a new benefit year that would include such week;and
c. 1. Hasno right 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
2. Has not received andis not seeking unemployment benefits under the unemployment compensation law ofCanada; but if he is seeking such benefits and the appropriate agency finallydetermines that he is not entitled to benefits under such law, he is consideredan exhaustee.
(11) "State law"means the unemployment insurance law of any state approved by the United StatesSecretary of Labor under section 3304 of the Internal Revenue Code.
(b) Effect of State LawProvisions Relating to Regular Benefits on Claims for, and for Payment of,Extended Benefits. Except when the result would be inconsistent with theother provisions of this section and in matters of eligibility determination,as provided in the regulations of the Commission, the provisions of thisChapter which apply to claims for, or the payment of, regular benefits shallapply to claims for, and the payment of, extended benefits.
(c) EligibilityRequirements for Extended Benefits. An individual shall be eligible toreceive extended benefits with respect to any week of unemployment in hiseligibility period only if the Commission finds that with respect to such week:
(1) He is an"exhaustee" as defined in subsection (a)(10).
(2) He has satisfied therequirements of this Chapter for the receipt of regular benefits that areapplicable to individuals claiming extended benefits, including not beingsubject to a disqualification for the receipt of benefits. Provided, however,that for purposes of disqualification for extended benefits for weeks ofunemployment beginning after March 31, 1981, the term "suitable work"means any work which is within the individual's capabilities to perform if: (i)The gross average weekly remuneration payable for the work exceeds the sum ofthe individual's weekly extended benefit amount plus the amount, if any, ofsupplemental unemployment benefits (as defined in section 501(C)(17)(D) of theInternal Revenue Code of 1954) payable to such individual for such week; and(ii) the gross wages payable for the work equal the higher of the minimum wagesprovided by section 6(a)(1) of the Fair Labor Standards Act of 1938 as amended(without regard to any exemption), or the State minimum wage; and (iii) thework is offered to the individual in writing and is listed with the Stateemployment service; and (iv) the considerations contained in G.S. 96‑14(3)for determining whether or not work is suitable are applied to the extent thatthey are not inconsistent with the specific requirements of this subdivision;and (v) the individual cannot furnish evidence satisfactory to the Commissionthat his prospects for obtaining work in his customary occupation within areasonably short period of time are good, but if the individual submitsevidence which the Commission deems satisfactory for this purpose, thedetermination of whether or not work is suitable with respect to suchindividual shall be made in accordance with G.S. 96‑14(3) without regardto the definition contained in this subdivision. Provided, further, that nowork shall be deemed to be suitable work for an individual which does notaccord with the labor standard provisions set forth in this subdivision, butthe employment service shall refer any individual claiming extended benefits toany work which is deemed suitable hereunder. Provided, further, that anyindividual who has been disqualified for voluntarily leaving employment, beingdischarged for misconduct or substantial fault, or refusing suitable work underG.S. 96‑14 and who has had the disqualification terminated, shall havesuch disqualification reinstated when claiming extended benefits unless thetermination of the disqualification was based upon employment subsequent to thedate of the disqualification.
(3) After March 31,1981, he has not failed either to apply for or to accept an offer of suitablework, as defined in G.S. 96‑12.01(c)(2), to which he was referred by anemployment office of the Commission, and he has furnished the Commission withtangible evidence that he has actively engaged in a systematic and sustainedeffort to find work. If an individual is found to be ineligible hereunder, heshall be ineligible beginning with the week in which he either failed to applyfor or to accept the offer of suitable work or failed to furnish the Commissionwith tangible evidence that he has actively engaged in a systematic andsustained effort to find work and such individual shall continue to beineligible for extended benefits until he has been employed in each of foursubsequent weeks (whether or not consecutive) and has earned remuneration equalto not less than four times his weekly benefit amount.
(4) Pursuant to section202(a)(7) of the Federal‑State Extended Unemployment Compensation Act of1970 (P.L. 91‑373), as amended by section 202(b)(1) of the UnemploymentCompensation Amendments of 1992 (Public Law 102‑318), for any week ofunemployment beginning after March 6, 1993, and before January 1, 1995, theindividual is an exhaustee as defined by federal law and has satisfied therequirements of this Chapter for the receipt of regular benefits that areapplicable to individuals claiming extended benefits, including not beingsubject to a disqualification for the receipt of benefits. Provided, the termsand conditions of State law that apply to claims for regular compensation andto the payment thereof shall apply to claims for extended benefits and to thepayment thereof.
(5) An individual shallnot be eligible for extended compensation unless the individual had 20 weeks offull‑time insured employment, or the equivalent in insured wages, asdetermined by a calculation of base period wages based upon total hours workedduring each quarter of the base period and the hourly wage rate for eachquarter of the base period. For the purposes of this paragraph, the equivalentin insured wages shall be earnings covered by the State law for compensation purposeswhich exceed 40 times the individual's most recent weekly benefit amount or oneand one‑half times the individual's insured wages in that calendarquarter of the base period in which the individual's insured wages were thehighest.
(d) Weekly ExtendedBenefit Amount. The weekly extended benefit amount payable to an individualfor a week of total unemployment in his eligibility period shall be an amountequal to the weekly benefit amount payable to him during his applicable benefityear. For any individual who was paid benefits during the applicable benefityear in accordance with more than one weekly benefit amount, the weeklyextended benefit amount shall be the average of such weekly benefit amountsrounded to the nearest lower full dollar amount (if not a full dollar amount).Provided, that for any week during a period in which federal payments to statesunder Section 204 of the Federal‑State Extended Unemployment CompensationAct of 1970, P.L. 91‑373, are reduced under an order issued under Section252 of the Balanced Budget and Emergency Deficit Control Act of 1985, P.L. 99‑177,the weekly extended benefit amount payable to an individual for a week of totalunemployment in his eligibility period shall be reduced by a percentageequivalent to the percentage of the reduction in the federal payment. Thereduced weekly extended benefit amount, if not a full dollar amount, shall berounded to the nearest lower full dollar amount.
(e) (1) TotalExtended Benefit Amount. Except as provided in subdivision (2) hereof, thetotal extended benefit amount payable to any eligible individual with respectto his applicable benefit year shall be the least of the following amounts:
a. Fifty percent (50%)of the total amount of regular benefits which were payable to him under thisChapter in his applicable benefit year; or
b. Thirteen times hisweekly benefit amount which was payable to him under this Chapter for a week oftotal unemployment in the applicable benefit year.
Provided,that during any fiscal year in which federal payments to states under Section204 of the Federal‑State Extended Unemployment Compensation Act of 1970,P.L. 91‑373, are reduced under an order issued under Section 252 of theBalanced Budget and Emergency Deficit Control Act of 1985, P.L. 99‑177,the total extended benefit amount payable to an individual with respect to hisapplicable benefit year shall be reduced by an amount equal to the aggregate ofthe reductions under G.S. 96‑12.01(d) and the weekly amounts paid to theindividual.
(2) Notwithstanding anyother provisions of this Chapter, if the benefit year of any individual endswithin an extended benefit period, the remaining balance of extended benefitsthat such individual would, but for this subdivision, be entitled to receive inthat extended benefit period, with respect to weeks of unemployment beginningafter the end of the benefit year, shall be reduced (but not below zero) by theproduct of the number of weeks for which the individual received any amounts astrade readjustment allowances within that benefit year, multiplied by theindividual's weekly benefit amount for extended benefits.
(f) Beginning andTermination of Extended Benefit Period.
(1) Whenever an extendedbenefit period is to become effective in this State as a result of an"on" indicator, or an extended benefit period is to be terminated inthis State as a result of an "off" indicator, the Commission shallmake an appropriate public announcement; and
(2) Computationsrequired by the provisions of subsection (a)(6) shall be made by theCommission, in accordance with regulations prescribed by the United StatesSecretary of Labor.
(g) Prior to January 1,1978, any extended benefits paid to any claimant under G.S. 96‑12.01shall not be charged to the account of the base period employer(s) who paytaxes as required by this Chapter. However, fifty percent (50%) of any suchbenefits paid shall be allocated as provided in G.S. 96‑9(c)(2) a (exceptthat G.S. 96‑9(c)(2) b shall not apply), and the applicable amount shallbe charged to the account of the appropriate employer paying on a reimbursementbasis in lieu of taxes.
On and after January 1, 1978,the federal portion of any extended benefits shall not be charged to theaccount of any employer who pays taxes as required by this Chapter but theState portion of such extended benefits shall be:
(1) Charged to theaccount of such employer; or
(2) Not charged to theaccount of the employer under the provisions of G.S. 96‑9(c)(2).
All state portions of theextended benefits paid shall be charged to the account of governmental entitiesor other employers not liable for FUTA taxes who are the base period employers.
(h) Notwithstanding theprovisions of G.S. 96‑9(d)(1)a, 96‑9(d)(2)c, 96‑12.01(g), orany other provision of this Chapter, any extended benefits paid which are onehundred percent (100%) federally financed shall not be charged in anypercentage to any employer's account.
(i) For weeks ofunemployment beginning on or after June 1, 1981, a claimant who is filing aninterstate claim under the interstate benefit payment plan shall be eligiblefor extended benefits for no more than two weeks when there is an "offindicator" in the state where the claimant files. (Ex. Sess. 1936, c. 1, s. 3;1937, c. 448, s. 1; 1939, c. 27, ss. 1‑3, 14; c. 141; 1941, c. 108, s. 1;c. 276; 1943, c. 377, ss. 1‑4; 1945, c. 522, ss. 24‑26; 1947, c.326, s. 21; 1949, c. 424, ss. 19‑21; 1951, c. 332, ss. 10‑12; 1953,c. 401, ss. 17, 18; 1957, c. 1059, ss. 12, 13; c. 1339; 1959, c. 362, ss. 12‑15;1961, c. 454, ss. 17, 18; 1965, c. 795, ss. 15, 16; 1969, c. 575, s. 9; 1971,c. 673, ss. 25, 26; 1973, c. 1138, ss. 3‑7; 1975, c. 2, ss. 1‑5;1977, c. 727, s. 52; 1979, c. 660, ss. 18, 19; 1981, c. 160, ss. 17‑23;1981 (Reg. Sess., 1982), c. 1178, ss. 3‑14; 1983, c. 585, ss. 12‑16;c. 625, ss. 1, 7; 1985, c. 552, s. 9; 1985 (Reg. Sess., 1986), c. 918; 1987, c.17, s. 8; 1993, c. 122, s. 2; 1993 (Reg. Sess., 1994), c. 680, ss. 1‑3;1995 (Reg. Sess., 1996), c. 646, s. 25(a); 1997‑456, s. 27; 1999‑340,ss. 4, 5; 2001‑414, ss. 42, 43, 44; 2002‑143, ss. 1, 1.1.)
