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



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



(2)  The individual has satisfied the requirements of
this chapter for the receipt of regular benefits that are applicable to
individuals claiming extended benefits, including not being subject to a
disqualification for the receipt of benefits;



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



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



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



(B)  Any individual who has been found
ineligible for extended benefits by reason of subparagraph (A) shall also be
denied benefits beginning with the first day of the week following the week in
which such failure occurred and until the individual has been employed in each
of four subsequent weeks (whether or not consecutive) and has earned
remuneration equal to not less than four times the extended weekly benefit
amount;



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



(i)  The gross average weekly remuneration
payable for the work shall exceed the sum of the individual's extended weekly
benefit amount plus the amount, if any, of supplemental unemployment benefits
(as defined in section 501(c)(17)(D) of the federal Internal Revenue Code of
1986, as amended) payable to such individual for such week;



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



(iii)  No individual shall be denied extended
benefits for failure to accept an offer of or referral to any job which meets
the definition of suitability described above if the position was not offered
to 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 of
suitable work for regular benefit claimants in section 383-30(3) to the extent
that the criteria of suitability in that section are not inconsistent with this
subparagraph; or the individual furnishes satisfactory evidence to the
department that the individual's prospects of obtaining work in the
individual's customary occupation within a reasonably short period are good. 
If such evidence is deemed satisfactory for this purpose, the determination of
whether any work is suitable with respect to such individual shall be made in
accordance with the definition of suitable work in section 383-30(3) without
regard to the definition specified in this subparagraph;



(D)  Notwithstanding this paragraph to the
contrary, no work shall be deemed to be suitable work for an individual which
does not conform with the labor standard provisions required by section
3304(a)(5) of the federal Internal Revenue Code of 1986, as amended, and set
forth 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 any
week if:



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



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



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



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



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



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



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



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



(6)  In accordance with the provisions of section
202(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 unemployment
beginning after March 6, 1993, and before January 1, 1995.



(b)  No provision in this section shall apply
if its application is prohibited by federal law. [L 1971, c 187, pt of §13; am
L 1981, c 173, §1; am L 1982, c 58, §2, superseding c 147, §§19, 27; gen ch
1985; am L 1986, c 162, §6; am L 1993, c 275, §2]