§383-168  Definitions.  As used in thispart, unless the context clearly requires otherwise:

(1)  "Extended benefit period" means aperiod which:

(A)  Begins with the third week after the firstweek 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 forwhich there is a state "off" indicator; or

(ii)  The thirteenth consecutive week of suchperiod; provided that no extended benefit period may begin before thefourteenth week following the end of a prior extended benefit period which wasin effect with respect to this State.

(2)  (A)  There is a "state 'on'indicator" for this State for a week which begins before September 26,1982, if the director of labor and industrial relations determines, inaccordance with the regulations of the United States Secretary of Labor, thatfor the period consisting of such week and the immediately preceding twelveweeks, the rate of insured unemployment (not seasonally adjusted) under thischapter:

(i)  Equaled or exceeded 120 per cent of theaverage of such rates for the corresponding thirteen-week period ending in eachof the preceding two calendar years, and

(ii)  Equaled or exceeded 4 per cent.

(B)  There is a "state 'on'indicator" for this State for a week which begins after September 25,1982, if the director of labor and industrial relations determines, inaccordance with the regulations of the United States Secretary of Labor, thatfor the period consisting of such week and the immediately preceding twelveweeks, the rate of insured unemployment (not seasonally adjusted) under thischapter:

(i)  Equaled or exceeded 120 per cent of theaverage of such rates for the corresponding thirteen-week period ending in eachof the preceding two calendar years, and

(ii)  Equaled or exceeded 5 per cent.

(3)  (A)  There is a "state 'off'indicator" for this State for a week which begins beforeSeptember 26, 1982, if the director determines, in accordance with the regulationsof the United States Secretary of Labor, that for the period consisting of suchweek and the immediately preceding twelve weeks, the rate of insuredunemployment (not seasonally adjusted) under this chapter:

(i)  Was less than 120 per cent of the averageof such rates for the corresponding thirteen-week period ending in each of thepreceding two calendar years, or

(ii)  Was less than 4 per cent.

(B)  There is a "state 'off'indicator" for this State for a week which begins after September 25,1982, if the director determines, in accordance with the regulations of theUnited States Secretary of Labor, that for the period consisting of such weekand the immediately preceding twelve weeks, the rate of insured unemployment(not seasonally adjusted) under this chapter:

(i)  Was less than 120 per cent of the averageof such rates for the corresponding thirteen-week period ending in each of thepreceding two calendar years, or

(ii)  Was less than 5 per cent.

(4)  (A)  Effective with respect to compensationfor weeks of unemployment beginning after December 31, 1977, the determinationof whether there has been a state "on" or "off" indicatorshall be made under paragraphs (2)(A) and (3)(A) of this section as ifparagraph (2)(A) did not contain clause (i) thereof and the figure"4" contained in clause (ii) thereof were "5", and as ifparagraph (3)(A) did not contain clause (i) thereof and the figure"4" contained in clause (ii) thereof were "5"; except that,notwithstanding the other provisions of this paragraph to the contrary, anyweek for which there would otherwise be a state "on" indicator shallcontinue to be such a week and shall not be determined to be a week for whichthere is a state "off" indicator.

(B)  Effective with respect to compensation forweeks of unemployment beginning after September 25, 1982, thedetermination of whether there has been a state "on" or"off" indicator shall be made under paragraphs (2)(B) and (3)(B) ofthis section as if paragraph (2)(B) did not contain clause (i) thereof and thefigure "5" contained in clause (ii) thereof were "6";except that, notwithstanding the other provisions of this paragraph to thecontrary, any week for which there would otherwise be a state "on"indicator shall continue to be such a week and shall not be determined to be aweek for which there is a state "off" indicator.

(5)  "Rate of insured unemployment," forpurposes of paragraphs (2) and (3) of this section, means the percentagederived by dividing:

(A)  The average weekly number of individualsfiling claims for regular compensation in this State for weeks of unemploymentwith respect to the most recent thirteen-consecutive-week period, as determinedby the director on the basis of the director's reports to the United StatesSecretary of Labor, by

(B)  The average monthly employment coveredunder this chapter for the first four of the most recent six completed calendarquarters ending before the end of such thirteen-week period.

(6)  "Regular benefits" means benefitspayable to an individual under this chapter or under any other state law(including benefits payable to federal civilian employees and ex-servicemenpursuant to 5 United States Code chapter 85) other than extended benefits andadditional benefits.

(7)  "Extended benefits" means benefits(including benefits payable to federal civilian employees and to ex-servicemenpursuant to 5 United States Code chapter 85) payable to an individual under theprovisions of this part for weeks of unemployment in the individual'seligibility period.

(8)  "Additional benefits" means benefitspayable to exhaustees by reason of conditions of high unemployment or by reasonof other special factors under the provisions of any state law, including butnot limited to chapter 385.

(9)  "Eligibility period" of an individualmeans the period consisting of the weeks in the individual's benefit year whichbegin in an extended benefit period and, if the individual's benefit year endswithin such extended benefit period, any week thereafter which begins in such period.

(10)  "Exhaustee" means an individual who,with respect to any week of unemployment in the individual's eligibilityperiod:

(A)  Has received, prior to such week, all ofthe regular benefits that were available to the individual under this chapteror any other state law (including dependents' allowances and benefits payableto federal civilian employees and ex-servicemen under 5 United States Codechapter 85) in the individual's current benefit year that includes such week;provided that for the purposes of this subparagraph, an individual shall bedeemed to have received all of the regular benefits that were available to theindividual although, as a result of a pending appeal with respect to wagesand/or employment that were not considered in the original monetarydetermination in the individual's benefit year, the individual may subsequentlybe determined to be entitled to added regular benefits; or

(B)  The individual's benefit year havingexpired prior to such week has no, or has insufficient, wages and/or employmenton the basis of which the individual could establish a new benefit year thatwould include such week; and

(C)  (i)  Has no right to unemployment benefits orallowances, as the case may be, under the Railroad Unemployment Insurance Act,the Trade Expansion Act of 1962, the Automotive Products Trade Act of 1965, andsuch other federal laws as are specified in regulations issued by the UnitedStates Secretary of Labor; and

(ii)  Has not received and is not seekingunemployment benefits under the unemployment compensation law of the VirginIslands or of Canada; but if the individual is seeking such benefits and theappropriate agency finally determines that the individual is not entitled tobenefits under such law the individual is considered an exhaustee; providedthat this provision shall not be applicable to benefits under the VirginIslands law beginning on the day after the day on which the United StatesSecretary of Labor approves under section 3304(a) of the Internal Revenue Code of1954 an unemployment compensation law submitted by the Virgin Islands forapproval.

(11)  "State law" means the unemploymentinsurance law of any state, approved by the United States Secretary of Laborunder section 3304 of the Internal Revenue Code of 1954. [L 1971, c 187, pt of§13; am L 1973, c 120, §4; am L 1974, c 156, §2; am L 1977, c 148, §9; am L1982, c 58, §1; gen ch 1985]