Md. Code Regs. 09.32.03.01 - Definitions
All terms used in this regulation which are defined in the Unemployment Insurance Law shall have the same meanings as provided in that law.
A. "Eligibility period" of an
individual means the period of the weeks in his benefit year which begin in an
extended benefit period, and, if his benefit year ends within the extended
benefit period, any weeks after that which begin in that period.
B. "Entitlement". An individual is entitled
to extended compensation for a week of unemployment in his eligibility period
if, with respect to this week, he is an exhaustee under this regulation and he
meets the requirements of the Unemployment Insurance Law and these
regulations.
C. "Exhaustee". An
individual is an exhaustee with respect to a week of unemployment of his
eligibility period if:
(1) Either of the
following conditions is satisfied:
(a) He has
received, before that week, all the regular compensation payable to him
according to the monetary determination for his current benefit year that
includes the week, or
(b) His
benefit year having expired before that week, he has insufficient wages or
employment, or both, on the basis of which he could establish in any state a
new benefit year that would include that week, or having established a new
benefit year that includes the week, he is precluded from receiving regular
compensation by reason of an Unemployment Insurance Law provision of the state
which meets the requirement of §3304(a)(7) of the Internal Revenue Code of
1954;
(2) He has no
right to unemployment compensation or allowances, as the case may be, under the
following federal law, the Railroad Unemployment Insurance Act; and
(3) He has not received and is not seeking
for the week unemployment compensation under the law of the Virgin Islands or
of Canada, but if he is seeking this compensation and the appropriate agency
finally determines that he is not entitled to compensation under this law, he
is an exhaustee.
D.
"Extended benefits" means benefits (including benefits payable to federal
civilian employees and to ex-servicemen pursuant to 5 U.S.C. Chapter 85)
payable to an individual under the provisions of Labor and Employment Article,
Title 8, Subtitle 11, Annotated Code of Maryland, for weeks of unemployment in
his eligibility period.
E.
"Extended benefit period" means a period which:
(1) Begins with the third week after
whichever of the following weeks occurs first:
(a) A week for which there is a national "on"
indicator, or
(b) A week for which
there is a State "on" indicator; and
(2) Ends with either of the following weeks,
whichever occurs later:
(a) The third week
after the first week for which there is both a national "off" indicator and a
State "off" indicator, or
(b) The
thirteenth consecutive week of this period, provided an extended benefit period
may not begin by reason of a State "on" indicator before the fourteenth week
following the end of a prior extended benefit period which was in effect with
regard to this State.
F. National "On" and "Off" Indicators. There
is a "national 'on' indicator" for a week if the United States Secretary of
Labor determines that for a period consisting of that week and the 12
immediately preceding weeks, the rate of insured unemployment (seasonally
adjusted) for all states, based on the average monthly covered employment for
the first 4 of the 6 most recent calendar quarters ending before the close of
the period, equaled or exceeded 4.5 percent. There is a "national `off'
indicator" for a week if the United States Secretary of Labor determines that
for a period consisting of that week and the 12 immediately preceding weeks,
the rate of insured unemployment (seasonally adjusted) for all states, based on
the average monthly covered employment for the first 4 of the 6 most recent
calendar quarters ending before the close of the period was less than 4.5
percent.
G. "Rate of insured
unemployment" for purposes of §I of this regulation means the percentage
derived by dividing:
(1) The average weekly
number of individuals filing claims in this State for weeks of unemployment
with respect to the most recent 13-consecutive-week period, as determined by
the Secretary on the basis of his reports to the United States Secretary of
Labor, by
(2) The average monthly
employment covered under the Unemployment Insurance Law for the first four of
the most recent six completed calendar quarters ending before the end of the
13-week period.
H.
"Regular benefits" means benefits payable to an individual under the
Unemployment Insurance Law or under any other State law (including benefits
payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C.
Chapter 85), other than extended benefits.
I. State "On" and "Off" Indicators. State
"on" and "off" indicators may occur in either of the following two
circumstances:
(1) There is a State "on"
indicator in this State for a week if the Secretary determines, in accordance
with the regulations of the United States Secretary of Labor, that for the
period consisting of that week and the immediately preceding 12 weeks, the rate
of insured unemployment (not seasonally adjusted) under the law equaled or
exceeded 120 percent of the average of the rates for the corresponding 13-week
period ending in each of the preceding 2 calendar years, and equaled or
exceeded 4 percent. After a State "on" occurs pursuant to this section, there
is a State "off" indicator for this State for a week if the Secretary
determines, in accordance with the regulations of the United States Secretary
of Labor, that for the period consisting of that week and the immediately
preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted)
under the law was less than 120 percent of the average of the rates for the
corresponding 13-week period ending in each of the preceding 2 calendar years
or was less than 4 percent.
(2)
There is a State "on" indicator in this State for a week if the Secretary
determines, in accordance with the regulations of the United States Secretary
of Labor, that for the period consisting of that week and the immediately
preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted)
under the law equaled or exceeded 5 percent. After a State "on" indicator
occurs pursuant to this section, there is a State "off" indicator for a week if
the Secretary determines, in accordance with the regulations of the United
States Secretary of Labor, that for the period consisting of that week and the
immediately preceding 12 weeks, the rate of insured unemployment (not
seasonally adjusted) under the law was less than 5 percent.
J. "Total Extended Benefit
Amount". The total extended benefit amount payable to any eligible individual
with respect to his applicable benefit year may not be less than whichever of
the following is the least:
(1) 50 percent of
the total amount of regular compensation, (including dependents' allowances)
payable to him during the benefit year under the law;
(2) 13 times his average weekly benefit
amount; or
(3) 39 times his average
weekly benefit amount, reduced by the regular compensation paid (or deemed
paid) to him during the benefit year under that law.
K. "Weekly Extended Benefit Amount". The
weekly benefit amount of extended benefits payable to an individual for a week
of total unemployment in his eligibility period is the amount of regular
benefits (including dependents' allowances) payable to him for a week of total
unemployment during his applicable benefit year.
Notes
Regulation .01F, I amended effective December 10, 1975 (2:28 Md. R. 1666)
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