§383-170  Eligibility requirements forextended benefits.  (a)  An individual shall be eligible to receiveextended benefits with respect to any week of unemployment in the individual'seligibility period only if the department finds that with respect to such week:

(1)  The individual is an "exhaustee" asdefined in section 383-168;

(2)  The individual has satisfied the requirements ofthis chapter for the receipt of regular benefits that are applicable toindividuals claiming extended benefits, including not being subject to adisqualification for the receipt of benefits;

(3)  (A)  Notwithstanding paragraph (2), anindividual shall be ineligible for payment of extended benefits for any week ofunemployment in the individual's eligibility period if the department findsthat during such period:

(i)  The individual failed to accept any offerof suitable work or failed to apply for any suitable work (as defined undersubparagraph (C)) which was referred by the department; or

(ii)  The individual failed to actively engage inseeking work as prescribed under subparagraph (E);

(B)  Any individual who has been foundineligible for extended benefits by reason of subparagraph (A) shall also bedenied benefits beginning with the first day of the week following the week inwhich such failure occurred and until the individual has been employed in eachof four subsequent weeks (whether or not consecutive) and has earnedremuneration equal to not less than four times the extended weekly benefitamount;

(C)  For purposes of this paragraph, the term"suitable work" means, with respect to any individual, any work whichis within such individual's capabilities; provided that:

(i)  The gross average weekly remunerationpayable for the work shall exceed the sum of the individual's extended weeklybenefit amount plus the amount, if any, of supplemental unemployment benefits(as defined in section 501(c)(17)(D) of the federal Internal Revenue Code of1986, as amended) payable to such individual for such week;

(ii)  The work pays wages equal to the higher ofthe minimum wages provided by section 6(a)(1) of the Fair Labor Standards Actof 1938, without regard to any exemption, or the state or local minimum wage;and

(iii)  No individual shall be denied extendedbenefits for failure to accept an offer of or referral to any job which meetsthe definition of suitability described above if the position was not offeredto such individual in writing and was not listed with the employment service;such failure could not result in a denial of benefits under the definition ofsuitable work for regular benefit claimants in section 383-30(3) to the extentthat the criteria of suitability in that section are not inconsistent with thissubparagraph; or the individual furnishes satisfactory evidence to thedepartment that the individual's prospects of obtaining work in theindividual's customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination ofwhether any work is suitable with respect to such individual shall be made inaccordance with the definition of suitable work in section 383-30(3) withoutregard to the definition specified in this subparagraph;

(D)  Notwithstanding this paragraph to thecontrary, no work shall be deemed to be suitable work for an individual whichdoes not conform with the labor standard provisions required by section3304(a)(5) of the federal Internal Revenue Code of 1986, as amended, and setforth under section 383-30(3);

(E)  For the purposes of subparagraph (A)(ii),an individual shall be treated as actively engaged in seeking work during anyweek if:

(i)  The individual has engaged in a systematicand sustained effort to obtain work during such week;

(ii)  The individual furnishes tangible evidencethat the individual has engaged in such effort during such week; and

(F)  The employment service shall refer anyclaimant entitled to extended benefits under this chapter to any suitable workwhich meets the criteria prescribed in subparagraph (C);

(4)  Notwithstanding paragraph (2), the individual haswith respect to a disqualification under section 383-30(2) for suspension formisconduct connected with the individual's work, imposed during theindividual's benefit year or an extended benefit period, been employed in eachof four weeks (whether or not consecutive) subsequent to such disqualificationand has earned remuneration equal to not less than four times the individualextended weekly benefit amount;

(5)  Notwithstanding paragraph (2), an individualshall not be eligible for extended benefits for any week, unless, in the baseperiod with respect to which the individual exhausted all rights to regularbenefits under this chapter, the individual had:

(A)  A total of at least twenty weeks ofemployment as defined in section 383-1;

(B)  Wages for insured work in an amount equalto not less than one and one-half times the high quarter wages; or

(C)  Wages for insured work in an amount equalto not less than forty times the individual's most recent weekly benefit amountas determined under section 383-22(b); and

(6)  In accordance with the provisions of section202(b)(1) of the Unemployment Compensation Amendments of 1992 (P.L. 102-318),which amends the Federal-State Extended Unemployment Compensation Act of 1970(P.L. 91-373), paragraphs (3) and (4) shall not apply for weeks of unemploymentbeginning after March 6, 1993, and before January 1, 1995.

(b)  No provision in this section shall applyif its application is prohibited by federal law. [L 1971, c 187, pt of §13; amL 1981, c 173, §1; am L 1982, c 58, §2, superseding c 147, §§19, 27; gen ch1985; am L 1986, c 162, §6; am L 1993, c 275, §2]