                                 CODE OF VIRGINIA

RECEIPT OF EXTENDED BENEFITS (§ 60.2-611)

A. Except when the result would be inconsistent with the other provisions of
this section, as provided in the regulations of the Commission, the provisions
of this title which apply to claims for, or the payment of, regular benefits
shall apply to claims for, and the payment of, extended benefits.

B. An individual shall be eligible to receive extended benefits with respect to
any week of unemployment in his eligibility period only if the Commission finds
that for such week:

   1. He is an &#8220;exhaustee&#8221; as defined in subsection F of &#xA7;
   60.2-610;

   2. He has satisfied the requirements of this title 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;
   and

   3. He had during his base period 20 weeks of full-time insured employment, or
   the equivalent in insured wages. For purposes of this subdivision, &#8220;or
   the equivalent in insured wages&#8221; means more than 40 times the
   individual&#8217;s most recent weekly benefit amount.

C. The weekly extended benefit amount payable to an individual for a week of
total unemployment in his eligibility period shall equal the weekly benefit
amount payable to him during his applicable benefit year.

D. The total extended benefit amount payable to any eligible individual for his
applicable benefit year shall be the least of the following amounts:

   1. Fifty percent of the total amount of regular benefits which were payable to
   him under this title in his applicable benefit year;

   2. Thirteen times his weekly benefit amount which was payable to him under
   this title for a week of total unemployment in the applicable benefit year; or

   3. Thirty-nine times his weekly benefit amount which was payable to him under
   this title for a week of total unemployment in the applicable benefit year,
   reduced by the total amount of regular benefits which were paid or deemed paid
   to him under this title for the benefit year.

E. 1. Whenever an extended benefit period is to become effective in this
Commonwealth as a result of a state &#8220;on&#8221; indicator, or an extended
benefit period is to be terminated in this Commonwealth as a result of state
&#8220;off&#8221; indicators, the Commission shall make an appropriate public
announcement.

   2. Computations required by the provisions of subsection B of &#xA7; 60.2-610
   shall be made by the Commission, in accordance with regulations prescribed by
   the United States Secretary of Labor.

   3. An &#8220;on&#8221; or &#8220;off&#8221; indicator for this Commonwealth
   shall be determined without regard to subdivision 1 of subsection H of &#xA7;
   60.2-610 for any period that waiver of such provisions is authorized under
   &#xA7; 203 (d) of the Federal-State Extended Unemployment Compensation Act (26
   U.S.C. &#xA7; 3304) and any amendments thereto, or as authorized by any
   provision of federal law.

F. 1. Notwithstanding the provisions of subsection A of this section, an
individual shall be ineligible for payment of extended benefits for any week of
unemployment in his eligibility period if the Commission finds that during such
period:
			a. He failed to accept any offer of suitable work or failed to apply for any
suitable work, as defined under subdivision 3 of this subsection, to which he
was referred by the Commission; or
			b. He failed to actively engage in seeking work as prescribed under
subdivision 5 of this subsection.

   2. Any individual who has been found ineligible for extended benefits by
   reason of the provisions in subdivision 1 of this subsection shall also be
   denied benefits beginning with the first day of the week following the week in
   which such failure occurred and until he 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.

   3. a. For purposes of this subsection, &#8220;suitable work&#8221; means, with
   respect to any individual, any work which is within the individual&#8217;s
   capabilities and for which the gross average weekly remuneration payable for
   the work exceeds the sum of:

      1. The individual&#8217;s average weekly benefit amount as determined under
      subsection C of this section, plus

      2. Any amount of supplemental unemployment benefits, as defined in &#xA7;
      501(c)(17)(D) of the Internal Revenue Code, payable to the individual for
      such week.
      					b. Such gross average weekly remuneration shall pay wages equal to the
      higher of:

      1. The minimum wages provided by &#xA7; 6(a)(1) of the Fair Labor Standards
      Act (29 U.S.C. &#xA7; 201 et seq.), without regard to any exemption; or

      2. The state or local minimum wage.
      					c. No individual, however, shall be denied extended benefits for
      failure to accept an offer or referral to any job which meets the definition
      of suitable work as described in subdivision 3a of this subsection if:

      1. The position was not offered to such individual in writing or was not
      listed with the Job Service;

      2. Such failure could not result in a denial of benefits under the
      definition of suitable work for regular benefit claimants in subdivision 3
      of &#xA7; 60.2-618 to the extent that the criteria of suitability in that
      section are not inconsistent with the provisions of this subdivision; or

      3. The individual furnishes satisfactory evidence to the Commission that his
      prospects for obtaining work in his customary occupation within a reasonably
      short period are good. If the 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 subdivision 3 of &#xA7; 60.2-618 without regard to the definition
      specified by this subdivision.

   4. Notwithstanding the provisions of this subsection, no work shall be deemed
   to be suitable work for an individual which does not accord with the labor
   standard provisions required by &#xA7; 3304(a) 5 of the Internal Revenue Code
   and set forth under subdivision 3 of &#xA7; 60.2-618.

   5. For the purposes of subdivision 1 b of this subsection, an individual shall
   be treated as actively engaged in seeking work during any week if:
   				a. The individual has engaged in a systematic and sustained effort to
   obtain work during such week; and
   				b. The individual furnishes tangible evidence that he has engaged in such
   effort during such week.

   6. The Job Service shall refer any claimant entitled to extended benefits
   under this title to any suitable work which meets the criteria prescribed in
   subdivision 3 of this subsection.

   7. Notwithstanding any other provisions of this chapter, if the benefit year
   of any individual ends within an extended benefit period, the remaining
   balance of extended benefits that such individual would, but for this section,
   be entitled to receive in that extended benefit period, for weeks of
   unemployment beginning after the end of the benefit year, shall be reduced,
   but not below zero, by the product of the number of weeks for which the
   individual received any amounts as trade readjustment allowances within that
   benefit year, multiplied by the individual&#8217;s weekly benefit amount for
   extended benefits.

   8. No claim for extended benefits shall be subject to subdivisions 1, 2, 3 or
   6 of this subsection for weeks of unemployment beginning after March 6, 1993,
   and before January 1, 1995. If the Federal-State Extended Unemployment
   Compensation Act of 1970 is at any time amended to preclude enforcement of any
   provision of this section, such provision shall not apply to any claim for
   weeks beginning on the date said amendment becomes effective.

G. 1. Except as provided in subdivision 2 of this subsection, an individual
shall not be eligible for extended benefits for any week if:
			a. Extended benefits are payable for such week pursuant to an interstate
claim filed in any state under the interstate benefit plan; and
			b. No extended benefit period is in effect for such week in such state.

   2. Subdivision 1 of this subsection shall not apply to the first two weeks for
   which extended benefits are payable, determined without regard to this
   subsection, pursuant to an interstate claim filed under the interstate benefit
   payment plan to the individual from the extended benefit account established
   for the individual with respect to the benefit year.

H. Effective with respect to weeks beginning in a high unemployment period that
commenced 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, subsection D shall be applied by substituting (i) &#8220;eighty
percent&#8221; for &#8220;fifty percent&#8221; in subdivision D 1; (ii)
&#8220;twenty&#8221; for &#8220;thirteen&#8221; in subdivision D 2; and (iii)
&#8220;forty-six&#8221; for &#8220;thirty-nine&#8221; in subdivision D 3. As
used in this subsection, &#8220;high unemployment period&#8221; means any period
during which an extended benefit period would be in effect if subdivision H 2 b
of &#xA7; 60.2-610 were applied by substituting &#8220;eight percent&#8221; for
&#8220;six and one-half percent.&#8221;

HISTORY: 1982, c. 237, § 60.1-51.2; 1986, c. 480; 1993, c. 153; 2008, Sp. Sess.
II, c. 11; 2009, c. 789; 2011, c. 303.