                                 CODE OF VIRGINIA

EXTENDED BENEFITS DEFINED (§ 60.2-610)

A. As used in this article, unless the context clearly requires otherwise,
&#8220;extended benefit period&#8221; means a period which:

   1. Begins with the third week following a week for which there is a state
   &#8220;on&#8221; 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 a state
   &#8220;off&#8221; indicator; or
   				b. The thirteenth consecutive week of such period; however, no extended
   benefit period may begin by reason of a state &#8220;on&#8221; indicator
   before the fourteenth week following the end of a prior extended benefit
   period which was in effect with respect to this Commonwealth.

B. &#8220;Rate of insured unemployment,&#8221; for purposes of subsections H and
I of this section, means the percentage derived by dividing:

   1. The average weekly number of individuals filing claims for regular
   compensation in this Commonwealth for weeks of unemployment with respect to
   the most recent, 13 consecutive week period, as determined by the Commission
   on the basis of its reports to the United States Secretary of Labor, by

   2. The average monthly employment covered under this act for the first four of
   the most recent six completed calendar quarters ending before the end of such
   13-week period.

C. &#8220;Regular benefits&#8221; means benefits, other than extended benefits,
payable to an individual under this title or under any other state law,
including benefits payable to federal civilian employees and to ex-servicemen
pursuant to Chapter 85 (5 U.S.C. &#xA7; 8501 et seq.) of Title 5 of the United
States Code.

D. &#8220;Extended benefits&#8221; means benefits, including benefits payable to
federal civilian employees and to ex-servicemen pursuant to Chapter 85 (5 U.S.C.
&#xA7; 8501 et seq.) of Title 5 of the United States Code, payable to an
individual under the provisions of &#xA7; 60.2-611 for weeks of unemployment in
his eligibility period.

E. &#8220;Eligibility period&#8221; of an individual means the period consisting
of the weeks in his benefit year which begin in an extended benefit period and,
if his benefit year ends within such extended benefit period, any weeks
thereafter which begin in such period.

F. 1. &#8220;Exhaustee&#8221; means an individual who, with respect to any week
of unemployment in his eligibility period:
			a. Has received, prior to such week, all of the regular benefits that were
available to him under this title or any other state law, including
dependents&#8217; allowances and benefits payable to federal civilian employees
and ex-servicemen under Chapter 85 (5 U.S.C. § 8501 et seq.) of Title 5 of the
United States Code, in his current benefit year that includes such week;
			b. His benefit year having expired prior to such week, has no, or
insufficient, wages or employment on the basis of which he could establish a new
benefit year that would include such week; and
			c. (i) Has no right to unemployment benefits or allowances, under the
Railroad Unemployment Insurance Act (45 U.S.C. § 351 et seq.), the Automotive
Products Trade Act of 1965 (19 U.S.C. § 2001 et seq.) and such other federal
laws as are specified in regulations issued by the United States Secretary of
Labor, and (ii) has not received and is not seeking unemployment benefits under
the unemployment compensation law of Canada. However, if he is seeking such
benefits and the appropriate agency finally determines that he is not entitled
to benefits under such law he is considered an exhaustee.

   2. For the purposes of subdivision 1 a of this subsection, an individual shall
   be deemed to have received all of the regular benefits that were available to
   him although (i) as a result of a pending appeal with respect to wages or
   employment that were not considered in the original monetary determination in
   his benefit year, he may subsequently be determined to be entitled to added
   regular benefits, or (ii) he may be entitled to regular benefits with respect
   to future weeks of unemployment.

G. &#8220;State law&#8221; means the unemployment insurance law of any state,
approved by the United States Secretary of Labor under 26 U.S.C. &#xA7; 3304.

H. There is a &#8220;state &#8216;on&#8217; indicator&#8221; for this
Commonwealth for a week if:

   1. The Commission determines, in accordance with the regulations of the United
   States Secretary of Labor, that for the period consisting of such week and the
   immediately preceding 12 weeks, the rate of insured unemployment, not
   seasonally adjusted, under this title:
   				a. Equaled or exceeded 120 percent of the average of such rates for the
   corresponding 13-week period ending in each of the preceding two calendar
   years; and
   				b. Equaled or exceeded five percent, provided that the determination of
   whether there has been a state trigger &#8220;on&#8221; indicator shall be
   made as if this subsection did not contain subdivision 1 a, if the rate of
   insured unemployment as defined in this subsection equaled or exceeded six
   percent, except that any week for which there would otherwise be a state
   &#8220;on&#8221; indicator shall continue to be such a week and shall not be
   determined to be a week for which there is a state &#8220;off&#8221;
   indicator; or

   2. With respect to weeks of unemployment beginning on or after February 1,
   2009, and thereafter until the week ending three weeks prior to the last week
   for which federal sharing is authorized by Section 2005(a) of Public Law
   111-5, or by an extension thereof or amendment thereto, the United States
   Secretary of Labor determines that, for the period consisting of the most
   recent three months for which data for all states are published before the
   close of such week, the average rate of total unemployment in this
   Commonwealth, seasonally adjusted:
   				a. Equaled or exceeded 110 percent of the average of such rates for either
   or both of the corresponding three month periods ending in the two preceding
   calendar years; and
   				b. Equaled or exceeded a six and one half percent.

I. There is a &#8220;state &#8216;off&#8217; indicator&#8221; for this
Commonwealth for a week if the Commission determines, in accordance with the
regulations of the United States Secretary of Labor, that for the period
consisting of such week and the immediately preceding 12 weeks the requirements
of subsection H of this section have not been satisfied.

HISTORY: 1982, c. 237, § 60.1-51.2; 1986, c. 480; 2009, c. 789; 2011, c. 303.