CHAPTER 209. EXTENDED BENEFITS

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LABOR CODE

TITLE 4. EMPLOYMENT SERVICES AND UNEMPLOYMENT

SUBTITLE A. TEXAS UNEMPLOYMENT COMPENSATION ACT

CHAPTER 209. EXTENDED BENEFITS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 209.001. DEFINITIONS. In this chapter:

(1) "Eligibility period" means the period consisting of the

benefit periods in an individual's benefit year that begin in an

extended benefit period and, if the individual's benefit year

ends within the extended benefit period, any subsequent benefit

periods that begin in the extended benefit period.

(2) "Extended benefit" means a benefit payable to an individual

under this chapter for a benefit period of unemployment in the

individual's eligibility period, including a benefit payable to a

federal civilian employee or to an ex-servicemember under 5

U.S.C. Chapter 85.

(3) "Regular benefit" means a benefit, other than an extended

benefit, payable to an individual under this subtitle or another

state unemployment compensation law, including a benefit payable

to a federal civilian employee or an ex-servicemember under 5

U.S.C. Chapter 85.

(4) "Secretary" means the United States secretary of labor.

(5) "State unemployment compensation law" means the unemployment

compensation law of a state if the law is approved by the

secretary under Section 3304 of the Internal Revenue Code of 1986

(26 U.S.C. Section 3304).

(6) "Employment service" has the meaning assigned by Section

301.001.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.09, eff. Sept.

1, 1995.

Sec. 209.002. APPLICATION OF PROVISIONS RELATING TO REGULAR

BENEFITS. A provision of this subtitle or a commission rule

applicable to a claim for or the payment of regular benefits

applies to a claim for or the payment of extended benefits unless

the result of the application of the provision or rule is

inconsistent with this chapter.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.003. FINDINGS. (a) The commission shall make findings

as necessary to determine an extended benefit period, compute the

rate of insured unemployment, and determine the eligibility or

ineligibility or disqualification of an individual for extended

benefits.

(b) A finding of an extended benefit period and a computation of

the rate of insured unemployment shall be made in accordance with

the rules of the secretary.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER B. DETERMINATION OF EXTENDED BENEFIT PERIOD

Sec. 209.021. BEGINNING AND ENDING DATES FOR EXTENDED BENEFIT

PERIOD. (a) Except as provided by Subsection (b), an extended

benefit period begins with the third week after a week with a

state "on" indicator.

(b) An extended benefit period may not begin before the 14th

week after the end of a previous extended benefit period in

effect for this state.

(1) the third week after the first week with a state "off"

indicator; or

(2) the 13th consecutive week of the period.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.022. STATE "ON" AND "OFF" INDICATOR WEEKS. (a) Except

for a week to which Subsection (b) applies, a week is a state

"on" indicator week if the rate of insured unemployment for the

period consisting of that week and the preceding 12 weeks:

(1) is five percent or more; and

(2) equalled or exceeded 120 percent of the average of the rates

for the corresponding 13-week period ending in each of the

preceding two calendar years.

(b) If the determination that the week is a state "on" indicator

week would begin an extended benefit period, the week is a state

"on" indicator week if the rate of insured unemployment for the

period consisting of that week and the preceding 12 weeks is six

percent or more.

a state "off" indicator week if the rate of insured unemployment

for the period consisting of that week and the preceding 12 weeks

is less than:

(1) five percent; or

(2) 120 percent of the average of the rates for the

corresponding 13-week period ending in each of the preceding two

calendar years.

(d) If the determination that a week is a state "off" indicator

week would end an extended benefit period, the week is a state

"off" indicator week if the rate of insured unemployment for the

period consisting of that week and the preceding 12 weeks is less

than six percent.

(e) Notwithstanding Subsection (d), any week that would

otherwise be a state "on" indicator week under Subsection (a) may

not be a state "off" indicator week.

(f) The rate of insured unemployment as used in this section is

not to be seasonally adjusted.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.023. RATE OF INSURED UNEMPLOYMENT. For the purpose of

Section 209.022, the rate of insured unemployment is computed by:

(1) dividing:

(A) the average weekly number of individuals filing claims for

regular compensation in this state for weeks of unemployment with

respect to the most recent 13-consecutive-week period, as

determined by the commission from the commission's reports to the

secretary; by

(B) the average monthly employment covered under this subtitle

for the first four of the most recent six completed calendar

quarters ending before the end of the 13-week period; and

(2) multiplying the quotient by 100 to determine a percentage

rate.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.024. PUBLIC ANNOUNCEMENT OF EXTENDED BENEFIT PERIOD.

The commission shall publicly announce, in accordance with

commission rule, the beginning of each extended benefit period

and the termination of each extended benefit period.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER C. ELIGIBILITY REQUIREMENTS FOR EXTENDED BENEFITS

Sec. 209.041. ELIGIBILITY FOR EXTENDED BENEFITS. An individual

is eligible to receive extended benefits for a benefit period of

unemployment in the individual's eligibility period if, with

respect to the benefit period, the individual:

(1) has exhausted all regular benefits;

(2) satisfies the requirements of this subtitle for the receipt

of regular benefits that are applicable to an individual claiming

extended benefits, including not being disqualified for the

receipt of benefits; and

(3) has within the individual's base period received benefit

wage credits for employment by employers in an amount not less

than:

(A) 40 times the individual's weekly benefit amount; or

(B) 1-1/2 times the individual's high-quarter benefit wage

credits.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Amended by Acts 1995, 74th Leg., ch. 760, Sec. 1, eff. June 16,

1995.

Sec. 209.042. EXHAUSTION OF REGULAR BENEFITS. (a) An

individual has exhausted regular benefits with respect to a

benefit period of unemployment in the individual's eligibility

period if the individual:

(1) before that period:

(A) has received all of the regular benefits available to the

individual in the individual's current benefit year that includes

the benefit period; or

(B) had a benefit year expire and does not have benefit wage

credits sufficient to establish a new benefit year that would

include the benefit period;

(2) is not entitled to unemployment benefits or allowances under

the Railroad Unemployment Insurance Act (45 U.S.C. Section 351 et

seq.) or other federal law as specified in regulations issued by

the secretary; and

(3) has not received unemployment benefits under the

unemployment compensation law of Canada and is not seeking those

benefits, or has sought those benefits and the appropriate agency

finally determines that the individual is not entitled to

benefits under that law.

(b) For the purposes of Subsection (a)(1)(A), an individual is

considered to have received all of the regular benefits available

to the individual even if, as a result of a pending appeal with

respect to benefit wage credits 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.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.043. REQUIREMENT TO SEEK WORK. (a) An individual is

ineligible for payment of extended benefits for a benefit period

in the individual's eligibility period if during that period the

individual failed to actively seek work.

(b) For purposes of Subsection (a), an individual is actively

seeking work during a benefit period if the individual:

(1) engages in a systematic and sustained effort to obtain work

during the benefit period; and

(2) furnishes tangible evidence of that effort.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.044. REQUIREMENT TO ACCEPT OR APPLY FOR SUITABLE WORK.

An individual is ineligible for payment of extended benefits for

a benefit period in the individual's eligibility period if during

that period the individual failed to:

(1) accept an offer of suitable work; or

(2) apply for suitable work to which the individual was referred

by the commission.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.045. EMPLOYMENT SERVICE REFERRALS TO SUITABLE WORK.

The employment service shall refer a claimant entitled to

extended benefits to suitable work that meets the standards

prescribed in Sections 209.046, 209.047(a), and 209.047(b).

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.046. EXCEPTIONS TO REQUIREMENT TO ACCEPT OR APPLY FOR

SUITABLE WORK. An individual may not be denied extended benefits

for failure to accept a job offer of suitable work or apply for

suitable work if:

(1) the work was not offered to the individual in writing and

was not listed with the employment service; or

(2) failure to accept or apply for the work would not result in

a denial of benefits under the applicable suitable work

requirements for a regular benefit claimant in Section 207.008,

to the extent that the standards of suitability in that section

are not inconsistent with Section 209.047.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.047. SUITABLE WORK. (a) For the purposes of this

subchapter, and subject to Subsections (b) and (c), suitable work

for an individual is work:

(1) within the individual's capabilities;

(2) for which the gross average weekly remuneration payable

exceeds the sum of:

(A) the individual's weekly extended benefit amount computed

under Section 209.061; and

(B) the amount, if any, of supplemental unemployment

compensation benefits, as defined in Section 501(c)(17)(D) of the

Internal Revenue Code of 1986 (26 U.S.C. Section 501(c)(17)(D)),

payable to the individual for that week; and

(3) that pays wages not less than the greater of:

(A) the minimum wage under Section 6(a)(1) of the Fair Labor

Standards Act of 1938 (29 U.S.C. Section 206(a)(1)), without

regard to any exemption; or

(B) the applicable state or local minimum wage.

(b) If an individual furnishes satisfactory evidence to the

commission that the individual's prospects for obtaining work in

the individual's customary occupation within a reasonably short

period are good, the determination of whether work is suitable

for that individual shall be made in accordance with the

provisions of Section 207.008 applicable to suitable work for a

claimant for regular benefits, without regard to the standards of

suitability in Section 209.046 and this section.

required by Section 3304(a)(5) of the Internal Revenue Code of

1986 (26 U.S.C. Section 3304(a)(5)) is not suitable work for an

individual.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.048. DURATION OF INELIGIBILITY; WORK REQUIREMENTS. An

individual ineligible for extended benefits under Section 209.043

or 209.044 is ineligible for benefits for a period:

(1) beginning with the first day of the week following the week

in which the individual is ineligible under those sections; and

(2) ending when the individual has been employed in each of four

subsequent weeks, consecutive or nonconsecutive, and has earned

remuneration in an amount not less than four times the weekly

extended benefit amount.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.049. INELIGIBILITY DUE TO DISQUALIFICATION. (a)

Except as provided by Subsection (b), an individual is ineligible

to receive extended benefits for a benefit period in the

individual's eligibility period if the individual has been

disqualified for regular or extended benefits under this subtitle

because the individual:

(1) voluntarily left work;

(2) was discharged for misconduct; or

(3) failed to accept an offer of or apply for suitable work.

(b) Subsection (a) does not apply if the disqualification is

terminated in accordance with specific conditions established

under this subtitle requiring the individual to perform service

for remuneration after the date of the disqualification.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.050. INTERSTATE CLAIM. (a) An individual is

ineligible for extended benefits payable for a benefit period

under an interstate claim filed in any state under an interstate

benefit payment plan if an extended benefit period is not in

effect for the benefit period in that state.

(b) Subsection (a) does not apply to the first two benefit

periods for which extended benefits are payable under an

interstate claim filed under an interstate benefit payment plan,

regardless of whether an extended benefit period is in effect for

the state, to the individual from the extended benefit account

established for the individual with respect to the benefit year.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER D. AMOUNT OF EXTENDED BENEFITS

Sec. 209.061. WEEKLY EXTENDED BENEFIT AMOUNT. The weekly

extended benefit amount payable to an individual for a benefit

period of total unemployment in the individual's eligibility

period is equal to the weekly benefit amount payable to the

individual during the individual's applicable benefit year.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.062. MAXIMUM TOTAL EXTENDED BENEFIT AMOUNT. The total

extended benefit amount payable to an eligible individual for the

individual's eligibility period is 50 percent of the total amount

of regular benefits that were payable to the individual under

this subtitle in the individual's applicable benefit year.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.063. EFFECT OF TRADE READJUSTMENT ALLOWANCES. (a)

Notwithstanding any other provision of this subtitle, the

remaining balance of extended benefits that an individual would

otherwise be entitled to receive in an extended benefit period

for benefit periods beginning after the end of a benefit year is

reduced as provided by Subsections (b) and (c) if:

(1) the benefit year of the individual ends within an extended

benefit period; and

(2) the individual receives trade readjustment allowances under

the Trade Act of 1974 (19 U.S.C. Section 2101 et seq.) within

that benefit year.

(b) The balance is reduced by an amount equal to the product of:

(1) the number of benefit periods for which the individual

received trade readjustment allowances within that benefit year;

and

(2) the individual's weekly benefit amount for extended

benefits.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

SUBCHAPTER E. FINANCING OF EXTENDED BENEFITS

Sec. 209.081. UNEMPLOYMENT COMPENSATION FUND. (a) Extended

benefits shall be paid from the compensation fund.

(b) Payments made by the federal government for its share of

extended benefits shall be deposited in the compensation fund.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.082. CHARGES TO REIMBURSING EMPLOYER. Fifty percent of

the extended benefit payments based on benefit wage credits from

a reimbursing employer shall be charged to the employer's account

and reimbursed by the employer in the same manner as a regular

benefit payment. Those payments may not be used in determining

the replenishment ratio in Section 204.045.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.083. CHARGES TO TAXED EMPLOYER. (a) Fifty percent of

extended benefit payments based on benefit wage credits from a

taxed employer are chargebacks and must be used in determining

the employer's benefit ratio unless regular benefits paid to the

individual were determined not to be charged back against the

employer's account.

(b) Fifty percent of extended benefit payments based on benefit

wage credits from a taxed employer, regardless of whether charged

to an employer, shall be used in the numerator of the

replenishment ratio in Section 204.045(b). Chargebacks resulting

from the payment of extended benefits shall be used in the

denominator of the replenishment ratio in Section 204.045.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.084. CHARGES TO GOVERNMENTAL EMPLOYER. The total

amount of extended benefit payments shall be charged to the

employer if the payments are based on benefit wage credits earned

from:

(1) a state;

(2) any political subdivision of a state; or

(3) any instrumentality of any one or more states or political

subdivisions that is wholly owned by one or more states or

political subdivisions.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 209.0845. CHARGES TO INDIAN TRIBE. The total amount of

extended benefit payments that are attributable to service in the

employ of an Indian tribe and not reimbursed by the federal

government shall be charged to the Indian tribe.

Added by Acts 2001, 77th Leg., ch. 518, Sec. 9, eff. June 11,

2001.

Sec. 209.085. NOTICE TO TAXED BASE PERIOD EMPLOYER. (a) The

notice to a taxed base period employer of a claim for benefits

under Section 204.023 or 204.027 must state that if the claim

results in the payment of extended benefits, the maximum

potential chargeback may be increased by as much as 25 percent.

Further notice to the employer of the potential chargeback is not

required when the extended benefits are paid.

(b) A taxed employer subject to Section 209.084 is entitled to

receive notice that its maximum potential chargeback may be

increased by as much as 50 percent rather than 25 percent as

provided for other employers.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

State Codes and Statutes

State Codes and Statutes

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State Codes and Statutes

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