Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Notices 6311 

Drug Schedule 

Hydromorphone (9150) ............................................................................................................................................................................... II 

Diphenoxylate (9170) .................................................................................................................................................................................. II 

Benzoylecgonine (9180) .............................................................................................................................................................................. II 

Ethylmorphine (9190) .................................................................................................................................................................................. II 

Hydrocodone (9193) .................................................................................................................................................................................... II 

Levomethorphan (9210) .............................................................................................................................................................................. II 

Levorphanol (9220) ..................................................................................................................................................................................... II 

Isomethadone (9226) .................................................................................................................................................................................. II 

Meperidine (9230) ....................................................................................................................................................................................... II 

Meperidine intermediate-A (9232) ............................................................................................................................................................... II 

Meperidine intermediate-B (9233) ............................................................................................................................................................... II 

Meperidine intermediate-C (9234) ............................................................................................................................................................... II 

Methadone (9250) ....................................................................................................................................................................................... II 

Methadone intermediate (9254) .................................................................................................................................................................. II 

Dextropropoxyphene, bulk (non-dosage forms) (9273) .............................................................................................................................. II 

Morphine (9300) .......................................................................................................................................................................................... II 

Thebaine (9333) .......................................................................................................................................................................................... II 

Levo-alphacetylmethadol (9648) ................................................................................................................................................................. II 

Oxymorphone (9652) ................................................................................................................................................................................... II 

Noroxymorphone (9668) .............................................................................................................................................................................. II 

Racemethorphan (9732) .............................................................................................................................................................................. II 

Alfentanil (9737) .......................................................................................................................................................................................... II 

Sufentanil (9740) ......................................................................................................................................................................................... II 

Fentanyl (9801) ........................................................................................................................................................................................... II 

The company plans to manufacture 

small quantities of the listed controlled 

substances to make reference standards 

which will be distributed to their 

customers. 

No comments or objections have been 

received. DEA has considered the 

factors in 21 U.S.C. 823(a) and 

determined that the registration of 

Cerilliant Corporation to manufacture 

the listed basic classes of controlled 

substances is consistent with the public 

interest at this time. DEA has 

investigated Cerilliant Corporation to 

ensure that the company’s registration is 

consistent with the public interest. The 

investigation has included inspection 

and testing of the company’s physical 

security systems, verification of the 

company’s compliance with state and 

local laws, and a review of the 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 823, 

and in accordance with 21 CFR 1301.33, 

the above named company is granted 

registration as a bulk manufacturer of 

the basic classes of controlled 

substances listed. 

Dated: January 30, 2009. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. E9–2541 Filed 2–5–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF JUSTICE 

Drug Enforcement Administration 

Manufacturer of Controlled 

Substances; Notice of Registration 

By Notice dated October 7, 2008 and 

published in the Federal Register on 

October 14, 2008, (73 FR 60719), Halo 

Pharmaceutical Inc., 30 North Jefferson 

Road, Whippany, New Jersey 07981, 

made application to the Drug 

Enforcement Administration (DEA) to 

be registered as a bulk manufacturer of 

the basic classes of controlled 

substances listed in schedules I and II: 

Drug Schedule 

Dihydromorphine (9145) ............... I 

Hydromorphone (9150) ................ II 

Dihydromorphine is an intermediate 

in the manufacture of Hydromorphone 

and is not for commercial distribution. 

The company plans to manufacture 

Hydromorphone HCL for sale to other 

manufacturers and for the manufacture 

of other controlled substance dosage 

units for distribution to its customers. 

No comments or objections have been 

received. DEA has considered the 

factors in 21 U.S.C. 823(a) and 

determined that the registration of Halo 

Pharmaceutical Inc. to manufacture the 

listed basic classes of controlled 

substances is consistent with the public 

interest at this time. DEA has 

investigated Halo Pharmaceutical Inc. to 

ensure that the company’s registration is 

consistent with the public interest. The 

investigation has included inspection 

and testing of the company’s physical 

security systems, verification of the 

company’s compliance with state and 

local laws, and a review of the 

company’s background and history. 

Therefore, pursuant to 21 U.S.C. 823, 

and in accordance with 21 CFR 1301.33, 

the above named company is granted 

registration as a bulk manufacturer of 

the basic classes of controlled 

substances listed. 

Dated: January 30, 2009. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control, Drug Enforcement 

Administration. 

[FR Doc. E9–2538 Filed 2–5–09; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Employment and Training 

Administration Notice of 

Implementation of Supplemental 

Appropriations Act, 2008, Title IV— 

Emergency Unemployment 

Compensation, and the Unemployment 

Compensation Extension Act 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration (ETA) of the 

United States Department of Labor (the 

Department) is publishing, for public 

information, notice of the issuance and 

availability of the Unemployment 

Insurance Program Letters (UIPL) that 


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6312 Federal Register / Vol. 74, No. 24 / Friday, February 6, 2009 / Notices 

provide guidance to the states regarding 

the implementation of the Emergency 

Unemployment Compensation program 

(EUC08) pursuant to the Supplemental 

Appropriations Act, 2008, Title IV, 

Emergency Unemployment 

Compensation, Public Law 110–252, 

signed by the President on June 30, 

2008, and, subsequently, the 

Unemployment Compensation 

Extension Act, Public Law 110–449, 

enacted November 21, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie C. Garcia, 202–693–3207. 

SUPPLEMENTARY INFORMATION: The 

EUC08 is administered through 

voluntary agreements between states 

and the Department. The EUC08 

benefits are payable in a state the week 

following the week in which an 

agreement is signed. The Department 

has provided the states guidance in the 

form of UIPLs for implementing and 

operating the EUC08 program, including 

fiscal and reporting instructions: UIPL 

23–08 (published July 7, 2008), UIPL 

23–08, Change 1 (published August 15, 

2008), UIPL 23–08, Change 2 (published 

November 24, 2008), and UIPL 23–08 

Change 3 (published December 24, 

2008). These documents furnish 

information about the EUC08 program, 

provide the Department’s interpretation 

of Title IV of the Supplemental 

Appropriations Act, 2008, and contain 

the operating instructions to guide states 

in implementing and administering the 

EUC08 program. 

The complete text of these guidance 

documents are provided in this notice. 

In addition, they are available on the 

ETA Advisory Web site: UIPL 23–08— 

http://wdr.doleta.gov/directives/ 

corr_doc.cfm?DOCN=2649; UIPL 23–08, 

Change 1—http://wdr.doleta.gov/ 

directives/corr_doc.cfm?DOCN=2657; 

UIPL 23–08, Change 2—http:// 

wdr.doleta.gov/directives/ 

corr_doc.cfm?DOCN=2684; and UIPL 

23–08, Change 3—http://wdr.doleta.gov/ 

directives/corr_doc.cfm?DOCN=2693. 

Advisory: Unemployment Insurance 

Program Letter No. 23–08. 

To: State Workforce Agencies. 

From: Douglas F. Small, Deputy 

Assistant Secretary. 

Subject: Supplemental Appropriation 

Act, 2008, Title IV—Emergency 

Unemployment Compensation. 

1. Purpose. To provide states with 

instructions for implementing and 

operating the Emergency 

Unemployment Compensation, 2008 

(EUC08) program, including fiscal and 

reporting instructions. 

2. References. Supplemental 

Appropriation Act, 2008, Title IV– 

Emergency Unemployment 

Compensation, Public Law 110–252, 

signed by the President on June 30, 

2008; the Social Security Act (42 

U.S.C.); the Federal Unemployment Tax 

Act (26 U.S.C. 3301 et seq.); Section 205 

of the Federal-State Extended 

Unemployment Compensation Act of 

1970, as amended; Section 233 of the 

Trade Act of 1974, as amended; 20 CFR 

Parts 603, 615, 616, and 650; 

Unemployment Insurance Program 

Letter (UIPL) 29–05; UIPL 12–87; UIPL 

12–87, Change 1; and ET Handbooks 

395, 401 and 410. 

3. Summary. The EUC08 program 

provides up to 13 weeks of 100 percent 

federally-financed compensation to 

eligible individuals in all states. 

EUC08 is payable to individuals who 

(1) have exhausted all rights to regular 

compensation with respect to a benefit 

year that ended on or after May 1, 2007; 

and (2) have no rights to regular 

compensation or extended benefits (EB); 

and (3) are not receiving compensation 

under the unemployment compensation 

law of Canada. However, the Governor 

of a state may elect to pay EUC08 prior 

to the payment of EB. To qualify for 

EUC, individuals must have had 

employment of 20 weeks of work, or the 

equivalent in wages, in their base 

periods. Continuing eligibility is 

determined under the requirements of 

the state law. 

EUC08 is administered through 

voluntary agreements between states 

and the U.S. Department of Labor (the 

Department). EUC08 is payable in a 

state the week following the week in 

which an agreement is signed. In most 

states, where the week of 

unemployment ends on Saturday, the 

first week for which EUC08 may be paid 

is the week ending July 12, 2008. In 

these states, the last week for purposes 

of an initial determination of EUC08 

eligibility is the week ending March 28, 

2009. However, a claimant who has 

amounts remaining in his/her EUC08 

account as of this week ending date 

may, if otherwise eligible, collect EUC08 

through the week ending June 27, 2009. 

States are required to submit a separate 

financial status report (ETA 9130) for 

administrative grants and costs 

associated with the EUC08 program. 

4. Guidance. This document furnishes 

information about the EUC08 program 

and provides the Department’s 

interpretation of Title IV of the 

Supplemental Appropriations Act, 

2008. It also sets forth the operating 

instructions to guide states in 

implementing and administering the 

EUC08 program. 

The instructions in this document are 

issued to states as guidance provided by 

the Department in its role as the 

principal in the EUC08 program. As 

agents of the Department in 

administrating the EUC08 program, 

states must follow the instructions as 

provided in the attached operating 

instructions. 

5. Action. Administrators are to 

provide this information and 

instructions to the appropriate staff. 

6. Inquiries. Direct questions to the 

appropriate Regional Office. 

7. Attachments. 

Attachment A—Implementing and 

Operating Instructions for EUC08. 

Attachment B—General Provisions for 

Administering EUC08. 

Attachment C—Title IV—Emergency 

Unemployment Compensation. 

Attachment A—Implementing and 

Operating Instructions for EUC08 

Introduction 

On June 30, 2008, the President 

signed Public Law 110–252, the 

Supplemental Appropriations Act, 2008 

(Act). Title IV created the Emergency 

Unemployment Compensation (EUC08) 

program. The EUC08 program is a 

federally funded benefit extension 

which provides up to 13 weeks of 

benefits to exhaustees, as defined, who 

otherwise meet the requirements of the 

Act. This document provides guidance 

to states in administering the provisions 

of the Act. This guidance explains the 

eligibility requirements, state 

procedures for determining who is 

eligible, how to establish valid EUC08 

claims, and other administrative 

functions associated with the Act. 

Definitions 

This section contains the definitions 

of terms used throughout this 

document. To the extent possible, these 

definitions follow the extended benefit 

regulations found at 20 CFR 615.2, as 

required by Section 4006 of the Act 

regarding these terms. References to 5 

U.S.C. Chapter 85 relate to 

Unemployment Compensation for 

Federal Employees (UCFE) and 

Unemployment Compensation for ExServicemembers (UCX). 

1. ‘‘Act’’ means Title IV of the 

Supplemental Appropriations Act, 

2008, which establishes the Emergency 

Unemployment Compensation program. 

2. ‘‘Additional Compensation’’ (AC) 

means compensation totally financed by 

a state and payable under a state law by 

reason of conditions of high 

unemployment or by reason of other 

special factors. 

3. ‘‘Agreement’’ means the agreement 

between a state and the Department of 

Labor (the Department) under which the 

state agency makes payments, as the 


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Department’s agent, of EUC08 in 

accordance with the Act as interpreted 

by the Department as set forth in these 

instructions or any other instructions 

issued by the Department. 

4. ‘‘Applicable Benefit Year’’ means, 

with respect to an individual, the 

current benefit year if, at the time an 

initial claim for EUC08 is filed, the 

individual has an unexpired benefit 

year only in the state against which 

claim is filed, or, in any other case, the 

individual’s most recent benefit year 

ending on or after May 1, 2007. For this 

purpose, the most recent benefit year, 

for an individual who has unexpired 

benefit years in more than one state 

when an initial claim for EUC08 is filed, 

is the benefit year with the latest ending 

date or, if such benefit years have the 

same ending date, the benefit year in 

which the latest continued claim for 

regular compensation was filed. 

Note. The Act requires individuals to 

‘‘have exhausted all rights to regular 

compensation under the State law or under 

Federal law with respect to a benefit year 

(excluding any benefit year that ended before 

May 1, 2007).’’ (Section 4001(b)(1) of the Act. 

Emphasis added.) In the majority of states, 

where benefit years end on Saturday, the 

practical effect is that the Act applies to 

individuals with benefit years ending on or 

after Saturday, May 5, 2007. 

5. ‘‘Applicable State’’ means the state 

with respect to which the individual is 

an exhaustee for EUC08 purposes, and, 

in the case of a combined wage claim for 

regular compensation, the term means 

the ‘‘paying state’’ for such claim as 

defined in 20 CFR 616.6(e). 

6. ‘‘Applicable State Law’’ means the 

state law of the state which is the 

applicable state for an individual. 

7. ‘‘Base Period’’ means the base 

period as determined under the 

applicable state law for the individual’s 

applicable benefit year. 

8. ‘‘Benefit Year’’ means the benefit 

year as defined in the applicable state 

law. 

9. ‘‘Compensation’’ means cash 

benefits (including dependents’ 

allowances) payable to individuals with 

respect to their unemployment, and 

includes regular compensation, 

additional compensation, extended 

compensation, and EUC08 as defined in 

this section. 

10. ‘‘Department’’ means the U.S. 

Department of Labor. 

11. ‘‘Emergency Unemployment 

Compensation’’ means the 

compensation payable under the Act, 

and which is referred to as EUC08. 

12. ‘‘Extended compensation’’ means 

the extended unemployment 

compensation payable to an individual 

for weeks of unemployment which 

begin in an extended benefit period, 

under those provisions of state law 

which satisfy the requirements of the 

Federal-State Extended Unemployment 

Compensation Act of 1970 (hereafter 

called the Federal-State EB law), and, 

when so payable, includes 

compensation payable pursuant to 5 

U.S.C. Chapter 85, but does not include 

regular compensation or additional 

compensation. Extended compensation 

is referred to as Extended Benefits or 

EB. 

13. ‘‘Regular compensation’’ means 

compensation payable to an individual 

under any state law, and, when so 

payable, includes compensation payable 

under 5 U.S.C. Chapter 85, but does not 

include extended compensation or 

additional compensation. 

14. ‘‘Secretary’’ means the Secretary 

of Labor of the United States. 

15. ‘‘State’’ means the states of the 

United States, the District of Columbia, 

the Commonwealth of Puerto Rico, and 

the Virgin Islands. 

16. ‘‘State Agency’’ means the state 

unemployment compensation agency of 

the state administering the state law. 

17. ‘‘State Law’’ means the 

unemployment compensation law of a 

state approved by the Secretary under 

Section 3304(a) of the Internal Revenue 

Code of 1986 (26 U.S.C. 3304(a)). 

18. ‘‘Week’’ means a week as defined 

in the applicable state law. 

19. ‘‘Week of Unemployment’’ means 

a week of total, part-total, or partial 

unemployment as defined in the 

applicable state law, which shall be 

applied in the same manner to the same 

extent to claims filed under the 

requirements of this Act. 

Operating Instructions 

1. Eligibility for EUC08. 

a. Basic Eligibility Requirements. To 

be eligible for a week of EUC08, in 

addition to meeting the applicable state 

law provisions, individuals must: 

(1) Have exhausted all rights to 

regular compensation under the 

applicable state law with respect to the 

applicable benefit year; 

(2) Have no rights to regular or 

extended compensation with respect to 

the week under such law or any other 

state or Federal unemployment 

compensation (UC) law; 

(3) Not be receiving compensation 

with respect to such week under the UC 

law of Canada; 

(4) Be legally authorized to work in 

the United States. In determining work 

authorization, states will follow the 

procedures provided in section 1137(d) 

of the Social Security Act (42 U.S.C. 

1230b–7(d)) and as explained in UIPL 

12–87 and UIPL 12–87, Change 1; and 

(5) Have had 20 weeks of full-time 

insured employment or the equivalent 

in insured wages, as determined under 

the provisions of the state law 

implementing section 202(a)(5) of the 

Federal-State EB law. 

b. Determining Exhaustees. 

(1) Under Section 4001(c) of the Act, 

for an individual to be considered to 

have exhausted benefit rights to regular 

compensation in an applicable benefit 

year (for purposes of meeting the first 

EUC08 eligibility criterion), the 

individual must have either: 

(A) Received all regular compensation 

payable based on employment and/or 

wages during the applicable base 

period; or 

(B) Had rights to regular 

compensation terminated by reason of 

the expiration of the applicable benefit 

year in which these rights existed. 

(2) Exhaustees cease to be exhaustees 

when they can establish a valid new 

benefit year; therefore, at each quarter 

change, the state must check to see if an 

individual meets the state’s 

requirements to establish a new benefit 

year. If the individual can establish a 

new benefit year, s/he would no longer 

qualify for the EUC08 claim. In these 

cases, the claimant should be advised 

that s/he no longer qualifies for the 

EUC08 claim and that s/he can file a 

regular UI claim. Once the claimant 

qualifies for a new claim, the payments 

on the EUC08 claim must end, even if 

the Weekly Benefit Amount (WBA) for 

the new claim is lower than what the 

claimant was receiving on the EUC08 

claim. 

Note. The requirement to check eligibility 

for regular compensation at each quarterly 

change was not explicitly stated in the 

guidance implementing the Temporary 

Extended Unemployment Compensation Act 

of 2002. However, the Department has 

determined that it is a method of 

administration necessary for assuring that 

individuals have, in fact, exhausted regular 

compensation as required by the Act. 

2. Beginning and Ending of the EUC08 

Program in a State. Under Section 4007 

of the Act, EUC08 is payable in a state 

beginning with the first week which 

begins after the date an Agreement is 

signed between the state and the 

Department. No new EUC08 

determinations may be made for weeks 

of unemployment ending after March 

31, 2009. In most states, where weeks of 

unemployment end on Saturday, this 

means no new EUC08 determinations 

may be made for weeks beginning after 

March 28, 2009. However, an individual 

having amounts remaining in his/her 

EUC08 account as of March 31, 2009, 

may collect the remaining balance in 

subsequent weeks, if otherwise eligible. 


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Any individual who qualifies for this 

phase-out is limited to the amount in 

the account as of this date. No EUC08 

may be paid under this phase-out ‘‘for 

any week beginning after June 30, 

2009.’’ In states where weeks of 

unemployment end on Saturday, this 

means the last week of EUC08 payable 

during this phase-out is the week 

ending June 27, 2009. 

3. Termination of EUC08 Agreement. 

The agreement provides that it may be 

amended by mutual consent and may be 

terminated by either party on thirty 

days’ written notice. In the case of 

termination, the EUC08 period will end 

30 days from the date the state notifies 

the Secretary of its election to terminate 

the EUC08 program. No EUC08 will be 

payable for weeks which begin after the 

date the termination of the agreement is 

effective. However, EUC08 is payable 

for weeks of unemployment up to such 

termination date. 

4. Notifications. 

a. Identification and Notification of 

Potentially Eligible Claimants. The state 

must identify individuals who are 

potentially eligible for EUC08 and 

provide them with appropriate written 

notification of their potential 

entitlement to EUC08, including filing 

instructions. 

b. Interstate Claims. EUC08 is payable 

to individuals filing under the Interstate 

Benefit Payment Plan in the same 

manner and to the same extent that 

benefits are payable to intrastate 

claimants. 

The liable state is responsible for 

identifying and notifying all potentially 

eligible interstate claimants of their 

potential eligibility, including filing 

instructions. 

c. Notification of Media. To assure 

public knowledge of the status of the 

EUC08 program, the state must notify all 

appropriate news media having 

coverage throughout the state of the 

beginning of the EUC08 program. 

5. Relation of Extended Benefits to 

EUC08. Section 4001(e) of the Act 

allows, if state law permits, the payment 

of EUC08 prior to EB to individuals who 

are otherwise eligible for EUC08. If a 

state elects to pay EUC08 prior to EB, 

the amount of the individual’s EB 

entitlement is not otherwise affected; EB 

is deferred, not reduced. Therefore, if 

the state is in an EB period when the 

individual exhausts his or her EUC08 

claim, s/he may receive any remaining 

EB entitlement, as long as s/he met the 

EB eligibility provisions. There is no 

provision in the Act that authorizes 

states to trigger ‘‘off’’ an EB period. 

The following provisions from the 

Federal-State EB law do not apply to the 

EUC08 program: 

a. The suitable work and work search 

requirements of Section 202(a)(3); and 

b. The requirement of employment to 

purge certain disqualifications found in 

Section 202(a)(4). 

Note, however, that the Federal-State 

EB law’s 20-weeks of work requirement 

must be met. See item 10.c.(1) below. 

6. Effect of Additional Compensation 

Eligibility in a State. Section 4001(b)(2) 

of the Act requires that an individual 

have no rights to regular compensation 

or EB in order to meet the eligibility 

requirements for EUC08. AC is not 

considered regular compensation or EB; 

therefore, EUC08 is payable regardless 

of an individual’s AC eligibility. A state 

with an AC program in effect may pay 

AC following the payment of EUC08. 

AC does not affect the EUC08 maximum 

benefit amount (MBA). 

7. Applicability of State Law 

Provisions. Under Section 4001(d)(2) of 

the Act, applicable state law provisions 

which apply to the payment and 

continuing eligibility for regular 

compensation also apply to the payment 

of EUC08. An individual is not entitled 

to receive EUC08 for a week for which 

the individual is disqualified under the 

applicable state law. For example, if the 

applicable state law requires, as a 

condition of eligibility for regular 

compensation, that an individual be 

able and available for work, this 

requirement applies to EUC08. If an 

individual is not able or available for 

work, the individual would be 

disqualified from receiving EUC08 until 

the individual became able and 

available again. 

8. Effect of Other UI-Related Programs 

on Eligibility for EUC08. 

a. Trade Readjustment Allowances 

(TRA). The maximum amount of EUC08 

payable to an individual who is also 

entitled to TRA shall not be reduced by 

reason of TRA entitlement. However, 

under Section 233(a)(1) of the Trade Act 

of 1974, as amended, the individual’s 

entitlement to EUC08 will reduce the 

individual’s maximum amount of 

‘‘basic’’ TRA payable if the EUC08 is 

payable during the UI benefit period 

established by or in effect at the time of 

the individual’s first TRA qualifying 

separation under the applicable trade 

adjustment assistance certification 

issued by the Department. (For the 

definition of ‘‘benefit period,’’ see 20 

CFR 617.3(h).) If the EUC08 entitlement 

occurs during a UI benefit period 

subsequent to the one in which the 

individual’s first TRA qualifying 

separation occurred, the maximum 

amount of ‘‘basic’’ TRA payable will not 

be reduced by the amount of EUC08 

entitlement. In either case, however, the 

individual is not eligible for TRA until 

EUC08 entitlement is exhausted. 

The provisions of Section 233(d) of 

the Trade Act of 1974, as amended 

(relating to reduction of EB entitlement 

because of the receipt of TRA in the 

most recent benefit year), are not 

applicable to determinations of 

entitlement to EUC08. 

b. Disaster Unemployment Assistance 

(DUA). An individual is not eligible for 

DUA with respect to a week of 

unemployment under Section 410 of the 

Robert T. Stafford Disaster Relief and 

Emergency Assistance Act, as amended 

(42 U.S.C. 5177), if the individual is 

eligible to receive EUC08 compensation 

for that week. 

9. Establishment of EUC08 Account. 

Section 4002(a) of the Act requires the 

state to establish an EUC08 account for 

each eligible individual. The maximum 

benefit amount (MBA) in the 

individual’s account will be equal to the 

lesser of 50 percent of the total amount 

of regular compensation or 13 times the 

average regular compensation WBA for 

a week of total unemployment 

(including dependents’ allowances in 

either case) payable to the individual 

with respect to the ‘‘applicable benefit 

year.’’ 

If a redetermination or an appeal 

decision results in a determination that 

an individual is entitled to more or less 

regular compensation, the individual’s 

status as an exhaustee must be 

redetermined, as appropriate, and an 

appropriate change shall be made in the 

individual’s EUC08 account. 

10. EUC08 WBA and Other 

Information. 

a. Total Unemployment. The WBA 

payable to an individual for a week of 

total unemployment is equal to the 

individual’s most recent weekly benefit 

amount (including any dependents’ 

allowances) for the applicable benefit 

year. 

b. Partial and Part-Total 

Unemployment. To determine the 

amount payable for a week of partial or 

part-total unemployment, the state will 

calculate the payment amount in 

accordance with the state law applicable 

to such a week of unemployment. 

c. Exceptions. The terms and 

conditions of the state law which apply 

to claims for regular compensation and 

to the payment thereof shall apply to 

claims for EUC08 and the payment 

thereof, except: 

(1) The individual must have 20 

weeks of full-time insured employment 

or the ‘‘equivalent’’ in insured wages in 

the individual’s applicable base period 

as determined under the provisions of 

the state law implementing section 

202(a)(5) of the Federal-State EB law 


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and 20 CFR 615.4(b). The equivalent in 

insured wages equals 40 times the 

individual’s most recent weekly benefit 

amount, or 1.5 times the individual’s 

high quarter insured employment. 

To determine which of these earnings 

requirements the state may use to 

determine if the claimant has a 

qualifying applicable benefit year for 

EUC08, the state must consult ‘‘the 

provisions of state law implementing 

Section 202(a)(5).’’ Thus, for example, if 

the state law authorized the use of just 

one of the three requirements, the state 

may only use that single requirement for 

EUC08 purposes. If the state law 

authorizes the use of two alternatives, 

then the state may use the two 

alternatives and if the state law 

authorizes the use of all three 

alternatives, then all three alternatives 

may be used; and 

(2) Where otherwise inconsistent with 

the provisions of the Act or with the 

operating instructions promulgated to 

carry out the Act; and 

(3) The maximum amount of EUC08 

payable to any individual for whom a 

EUC08 account is established under 

Section 4002 shall not exceed the 

amount established in such account for 

such individual. 

11. Record Maintenance and Disposal 

of Records. The state will maintain 

EUC08 claims and payment data 

(including data on eligibility, 

disqualification and appeals) as 

required by the Department. 

a. Record Maintenance. Each state 

will maintain records on the 

administration of the EUC08 program, 

and will make all such records available 

for inspection, examination, and audit 

by such federal officials or employees as 

the Secretary or the Department may 

designate or as may be required by the 

law. 

b. Disposal of Records. The 

electronic/paper records created in the 

administration of the EUC08 program 

must be maintained by the state for 3 

years after final action (including 

appeals or court action) on the claim, or 

for less than the 3-year period if copied 

by microphotocopy or by an electronic 

imaging method. At the end of the 3 

year period, the EUC08 records are 

transferred to state accountability under 

the conditions for the disposal of 

records that apply to UCFE and UCX 

records as explained in Chapter XXII of 

ET Handbook No. 391 (1992 Edition) 

and Chapter I, Page I–15, of ET 

Handbook No. 384 (1984 Edition). 

12. Disclosure of Information. 

Information in records made and 

maintained by the state agency in 

administering the Act must be kept 

confidential, and information in such 

records may be disclosed only in the 

same manner and to the same extent as 

information with respect to regular 

compensation, and the entitlement of 

individuals thereto, may be disclosed 

under provisions of the applicable state 

law meeting the requirements of 20 CFR 

part 603. This provision on the 

confidentiality of information obtained 

in the administration of the Act shall 

not apply, however, to information, 

reports and studies with no individual 

identifiers. 

13. Inviolate Rights to EUC08. Except 

as specifically provided in these 

instructions, the rights of individuals to 

EUC08 shall be protected in the same 

manner and to the same extent as the 

rights of persons to regular 

compensation are protected under the 

applicable state law. Such measures 

must include protection of claimants for 

EUC08 from waiver, release, 

assignment, pledge, encumbrance, levy, 

execution, attachment, and 

garnishment, of their rights to EUC08. In 

the same manner and to the same 

extent, individuals shall be protected 

from discrimination and obstruction in 

regard to seeking, applying for and 

receiving EUC08. 

Processing Claims for EUC08 

1. Applicability of State Law 

Provisions. Under Section 4001(d)(2) of 

the Act, except where inconsistent with 

the Act or with the operating 

instructions promulgated to carry out 

the Act, all terms and conditions of the 

state unemployment compensation law 

applicable to claims for and payment of 

regular compensation, apply to claims 

for, and payment of, EUC08. The 

provisions of the applicable state law 

that apply to claims for EUC08 include 

but are not limited to: 

a. Claim Filing and Reporting; 

b. Information to individuals, as 

appropriate; 

c. Notices to individuals and 

employers, as appropriate, including 

notice to each individual of each 

determination and redetermination of 

eligibility for or entitlement to EUC08; 

d. Determinations, redeterminations, 

appeals, and hearings; 

e. Disqualification, including 

disqualifying income provisions; 

f. Ability to work and availability for 

work, including legal authorization to 

work in the United States; 

g. The Interstate Benefit Payment 

Plan; and 

h. The Interstate Arrangement for 

Combining Employment and Wages. 

2. Claims for EUC08. 

Note: In processing claims for EUC08, 

although states will need to verify that 

claimants have no regular UI entitlement, 

there is no requirement that the claimant file 

a regular UI initial claim. Each application 

should result in only one initial claim; a 

claimant application will result in either a 

regular UI initial claim or an initial EUC08 

claim (which could be a denied claim). 

a. Intrastate Initial Claims. An initial 

claim for EUC08 will be filed by an 

individual according to the applicable 

state’s manual, remote, or electronic 

filing procedures. As noted above, this 

shall not be counted as a regular UI 

claim. 

b. Interstate Initial Claims. Interstate 

EUC08 claims will be filed on the same 

forms and in the same manner as all 

other interstate initial claims against the 

liable state. Before accepting an initial 

EUC08 claim, the agent or liable state, 

whichever is taking the claim, must 

review the individual’s work history, 

examine potential entitlement and 

advise the individual of all filing 

options. If the individual has sufficient 

employment and wages to establish a 

new benefit year under any state or 

federal program, including the 

combined wage arrangement, there is no 

eligibility under the EUC08 program. 

When an initial EUC08 claim is filed 

through the agent state, the state will: 

(1) Complete an Initial Interstate 

Claim, Form IB–1, check claim type 

‘‘other’’ and identify as EUC08; 

(2) Review the individual’s work 

history and advise the individual of all 

filing options; and 

(3) Transmit a TC–IB1 to the liable 

state. 

c. Intrastate and Interstate Weeks 

Claimed. Claims for payments of EUC08 

for weeks of unemployment must be 

filed at the same times and in the same 

manner as claims for regular 

compensation are filed under the 

applicable state law, and on forms or 

electronic filing procedures as furnished 

to the individual by the state agency. 

d. Combined Wage Claims (CWC). 

EUC08 is payable to individuals filing 

under the Interstate Arrangement for 

Combining Employment and Wages in 

the same manner and to the same extent 

that benefits are payable to other 

intrastate or interstate claimants. 

Administrative, entitlement and 

eligibility requirements provided in 

these instructions also apply to claims 

filed under the CWC program, except 

where clearly inconsistent with 

combined wage (and interstate, when 

applicable) procedures, policies and 

rules. 

When an EUC08 determination or 

redetermination is issued on a CWC 

claim, no Report of Determination of 

Combined-Wage Claim, TC–IB5, will be 

issued to the transferring state. The 

paying state will not bill transferring 


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states for EUC08. The paying state will 

charge all EUC08 compensation paid on 

CWC claims directly to the EUCA in 

accordance with the fiscal instructions 

provided in these instructions. 

3. Secretary’s Standard. The 

procedures for reporting and filing 

claims for EUC08 must be consistent 

with these instructions and the 

Secretary’s ‘‘Standard for Claim Filing, 

Claimant Reporting, Job Finding and 

Employment Services’’ (Employment 

Security Manual, Part V, sections 5000 

et seq.). 

4. Determination of Entitlement: 

Notices to Individuals. 

a. Determination of Initial Claim. 

When an individual files an initial 

claim for EUC08, the state agency must 

determine promptly the eligibility of the 

individual and, if eligible, the weekly 

and maximum amounts of EUC08 

payable. If denied EUC08, the 

individual must be issued an appealable 

determination. 

b. Determination of Weekly Claims. 

The state agency must promptly, upon 

the filing of a claim for a payment of 

EUC08 for a week of unemployment, 

determine whether the individual is 

entitled to a payment of EUC08 for such 

week, and, if entitled, the amount of 

EUC08 to which the individual is 

entitled to and issue a prompt payment. 

c. Redetermination. An individual 

filing an EUC08 initial claim or weekly 

certification has the same rights to 

request a reconsideration of a 

determination as are provided for in the 

applicable state law for regular 

compensation. 

d. Notices to Individual. The state 

agency must give written notice to the 

individual of any determination or 

redetermination of an initial claim and 

all weekly claims. Each notice must 

include such information regarding 

rights to reconsideration or appeal, or 

both, using the same process that is 

used for redeterminations of regular 

compensation. The state agency must 

also provide the following notice to all 

claimants filing an initial claim for 

EUC08: 

Notice 

Under 18 U.S.C. 1001, knowingly and 

willfully concealing a material fact by 

any trick, scheme, or device or 

knowingly making a false statement in 

connection with this claim is a Federal 

Offence, punishable by a fine or 

imprisonment for not more than five 

years, or both, under Title 18 of the 

United States Code. 

e. Promptness. Full payment of 

EUC08 when due must be made with 

the greatest promptness that is 

administratively feasible. 

f. Secretary’s Determination Standard. 

The procedures for making 

determinations and redeterminations 

and furnishing written notices of 

determinations, redeterminations, and 

rights of appeal to individuals claiming 

EUC08 must be consistent with the 

Secretary’s ‘‘Standard for Claim 

Determinations—Separation 

Information’’ (Employment Security 

Manual, Part V, sections 6010 et seq.). 

5. Appeal and Hearing. 

a. Applicable State Law. The 

applicable state law provisions 

concerning the right of appeal and fair 

hearing from a determination or 

redetermination of entitlement to 

regular compensation shall apply to 

determinations and redeterminations of 

eligibility for or entitlement to EUC08. 

b. Rights of Appeal and Fair Hearing. 

The right of appeal and opportunity for 

a fair hearing to claims for EUC08 must 

be consistent with these instructions 

and with sections 303(a)(1) and 

303(a)(3) of the Social Security Act 

(SSA) (42 U.S.C. 503(a)(1) and 

503(a)(3)). 

c. Promptness of Appeals Decisions. 

(1) Decisions on appeals under the 

EUC08 Program must accord with the 

‘‘Standard for Appeals Promptness— 

Unemployment Compensation’’ in 20 

CFR Part 650. 

(2) Any applicable state law provision 

allowing the advancement or priority of 

unemployment compensation cases on 

judicial calendars, or otherwise 

intended to provide for the prompt 

payment of unemployment 

compensation when due, must apply to 

proceedings involving entitlement to 

EUC08. 

6. Fraud and Overpayment, Section 

4005 of the Act. The Act contains 

specific provisions regarding fraud and 

overpayments of EUC08. Applicable 

state law provisions regarding the 

detection and prevention of fraudulent 

overpayments of EUC08 must be, as a 

minimum, the same as those applied by 

the state for regular compensation and 

must be consistent with the Secretary’s 

‘‘Standard for Fraud and Overpayment 

Detection’’ (Employment Security 

Manual, Part V, Sections 7510 et seq.). 

a. Fraudulent Claiming of EUC08. 

Section 4005(a) of the Act provides for 

penalties for filing a fraudulent claim 

for EUC08. Specifically, if the 

individual knowingly makes or causes 

to be made by another, a false statement 

or fails to disclose or causes another to 

fail to disclose a material fact that 

would cause an overpayment of EUC08 

benefits, the individual: 

(1) Shall be ineligible for further 

EUC08 in accordance with the 

provisions of the applicable state 

unemployment compensation law 

relating to fraud in connection with a 

claim for unemployment compensation, 

and 

(2) Shall be subject to prosecution 

under Section 1001 of Title 18, U.S.C. 

Applicable state law provisions 

relating to disqualification for 

fraudulently claiming or receiving a 

payment of compensation shall apply to 

claims for and payment of EUC08. 

When a state has sufficient facts to 

make a prima facie case under 18 U.S.C. 

1001, the state must consider referral to 

OIG for criminal prosecution in 

accordance with the provisions of the 

Memorandum of Understanding 

between the Department of Labor’s 

Office of Inspector General and the 

Employment and Training 

Administration, which was transmitted 

as an attachment to UIPL No. 29–05. 

States must pursue EUC08 fraud cases 

in the same way all other state and 

federal claims are handled. 

b. Overpayments. Under Section 

4005(b) of the Act, each state must 

require repayment from individuals 

who have received any overpayment of 

EUC08 (whether fraudulent or nonfraudulent), unless the state, under the 

optional language of Section 4005(b), 

elects to waive recovery. The option to 

waive recovery applies only to nonfraudulent overpayments. 

(1) Application of State Waiver 

Provision. If the state has a state law 

waiver provision for regular 

compensation, the state provision may 

be applied to non-fraudulent EUC08 

overpayments if the provision requires 

the state to determine that: 

(A) The payment of such EUC08 was 

without fault on the part of the 

individual, and 

(B) Such repayment would be 

contrary to equity and good conscience. 

In making these determinations, the 

state must apply the same standards as 

are applied in making such 

determinations with respect to the 

waiver of overpayments of regular 

compensation. 

(2) Optional EUC08 Waiver. Under 

Section 4005(c) of the Act, any state that 

does not have a state waiver provision 

or does not have a state waiver 

provision that meets both the ‘‘fault’’ 

and ‘‘equity and good conscience’’ 

requirements stated in paragraph (1) 

above may adopt this optional EUC08 

waiver. If the state elects to implement 

the optional EUC08 waiver, it may not 

do so until it has issued agency 

operating instructions for staff to follow. 

(A) The state may waive recovery of 

a non-fraudulent EUC08 overpayment if 

it determines that: 


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i. The payment of such EUC08 was 

without fault on the part of the 

individual, and 

ii. Such repayment would be contrary 

to equity and good conscience. 

(B) In determining whether fault 

exists, the following factors must be 

considered: 

i. Was a material statement or 

representation made by the individual 

in connection with the application for 

EUC08 resulting in the overpayment, 

and did the individual know, or should 

the individual have known, that the 

statement or representation was 

inaccurate? 

ii. Did the individual fail, or cause 

another to fail, to disclose a material fact 

in connection with an application for 

EUC08 resulting in the overpayment, 

and did the individual know or should 

the individual have known that the fact 

was material? 

iii. Did the individual know, or would 

s/he have been expected to know, that 

s/he was not entitled to the EUC08 

payment? 

iv. Did the overpayment result 

directly or indirectly, and partially or 

totally, from any act or omission of the 

individual and which was erroneous, 

inaccurate or otherwise wrong and the 

individual knew or could have been 

expected to know that the act or 

omission was erroneous or inaccurate or 

otherwise wrong? 

(C) In determining whether equity and 

good conscience exists, the following 

factors must be considered: 

i. Was the overpayment the result of 

a decision on appeal? 

ii. Had the state agency given notice 

to the individual that the individual 

may be required to repay the benefit 

payment in the event of a reversal of the 

eligibility determination on appeal? 

iii. Will recovery of the overpayment 

cause financial hardship to the 

individual? 

(3) Recovery of Overpayments, 

Section 4005(c) of the Act. The Act 

requires that no repayment of an EUC08 

overpayment may be required, and no 

deduction may be made, until a 

determination has been issued and an 

opportunity for a fair hearing has been 

given to the individual concerned, and 

the determination has become final. 

When the determination requiring 

repayment is issued, the state shall 

restore the full amount of the 

recoverable overpayment to the 

individual’s EUC08 available account 

balance. 

(A) Unless an EUC08 overpayment is 

recovered, or is waived, the state may, 

during the three-year period after the 

date the individual received the 

payment of EUC08 to which the 

individual was not entitled, recover the 

overpayment by deductions from any 

sums payable to the individual under 

any state or Federal UC law 

administered by the state or any other 

Federal law administered by the state 

which provides for the payment of any 

assistance or an allowance with respect 

to unemployment. Such recoveries may 

only be made as described in (F) and (G) 

below. 

(B) To the extent permitted under 

state law, an EUC08 overpayment may 

be recovered by offset, except that: 

i. No single offset may exceed 50 

percent of the amount otherwise 

payable to the individual for the week; 

and 

ii. Any offset of compensation payable 

is limited to the three-year period 

following the date that the claimant 

received the improper payment(s). 

(C) At the end of the three-year 

period, the state may remove the 

overpayment from its accounting 

records. Although no further active 

collection efforts by the state are 

required, the state must maintain an 

administrative record during the 

subsequent three-year period to provide 

for possible collection. After the 

subsequent three-year period (a total of 

six years from the date the claimant 

received the improper payment(s)), the 

state may dispose of the overpayment 

record. 

(D) EUC08 overpayment recovery 

shall be enforced by any action or 

proceeding which may be brought under 

state or Federal law, unless recovery of 

the overpayment is waived or 

prohibited in accordance with the Act 

and the instructions in this section. 

(E) Overpayments of EUC08 recovered 

in any manner must be deposited into 

the fund from which payment was 

made. 

(F) If a state has an agreement in effect 

with the Secretary to implement the 

cross-program offset provisions of 

Section 303(g)(2) of the SSA, EUC08 

payments shall be used to offset state 

compensation overpayments, and state 

compensation payments shall be used to 

offset EUC08 overpayments. 

If the state does not have an 

agreement with the Secretary under 

Section 303(g)(2), SSA, the state may 

not use EUC08 to offset a state 

compensation overpayment, but may 

under Section 303(g)(1), SSA, offset 

state compensation payments to recover 

EUC08 overpayments. 

(G) If a state has the cross-program 

offset agreement and an Interstate 

Reciprocal Overpayment Recovery 

Arrangement in effect with the National 

Association of State Workforce 

Agencies, EUC08 payments may be used 

to offset state compensation 

overpayments for other states that also 

have both agreements in effect. 

If the other state does not have an 

agreement with the Secretary under 

Section 303(g)(2), SSA, EUC08 benefits 

may only be used to offset 

overpayments of Federal benefits for the 

other state. 

Financial Information and Instructions 

1. Payment to States. 

a. Requesting EUC08 Benefit Funds. 

Under Section 4003 of the Act, each 

state that has entered into an agreement 

to pay EUC08 will be paid an amount 

equal to l00 percent of the amount of 

EUC08 paid to individuals by the state 

under the agreement and in full 

accordance with the Act and these 

instructions. States will request funds 

from the Emergency Unemployment 

Compensation Account (EUCA) to pay 

all EUC08 benefits attributable to all 

claim types (UI, UCFE, and UCX). All 

requests will go through the Automated 

Standard Application for Payments 

(ASAP) system. Drawdown requests 

must adhere to the funding mechanism 

stipulated in the Treasury-State 

Agreement executed under the Cash 

Management Improvement Act of 1990. 

Requests will be funded in the same 

manner as all ASAP transactions elected 

by the states (FEDWIRE or ACH to the 

state benefit payment account). 

There will be one new line in the 

ASAP for making drawdowns to pay 

EUC08 benefits, refer to #3 below for 

drawdown instructions. The line will be 

clearly labeled EMERGENCY UNEMP 

COMP (EUC08). The Bureau of Public 

Debt, managers of the Unemployment 

Trust Fund (UTF), will immediately 

inform state users of the ASAP of any 

modifications to screens or drawdown 

instructions. EUC08 benefits paid to 

former employees of state and local 

governments, former Federal employees 

and former service members, 

‘‘501(c)(3)’’ nonprofit organizations and 

federally recognized Indian tribes are 

funded from U.S. Treasury general 

revenues through the EUCA. This does 

not affect the process for requesting 

funds, but does affect the reporting of 

those benefits on the ETA 2112. States 

are to report all EUC08 payments, 

including reimbursable, UCFE/X on line 

39, column F. (Note that it does not 

matter whether these employers have 

elected reimbursement status.) See 

Reporting Instructions, Paragraph 2.f for 

details. 

b. EUC08 Administrative Funds. 

Section 4004(c) of the Act appropriates 

funds from the Employment Security 

Administration Account (ESAA) in the 

UTF, to pay costs related to the 


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administration of the EUC08 agreement. 

Section 4004(c) also authorizes the 

Secretary to determine the amount to be 

paid to states for processing EUC08 

workloads. States will receive EUC08 

administrative funds through the 

contingency entitlement process. See 

Reporting Instructions, Paragraph 2.h. 

The supplemental budget request 

process will be used for states to request 

funds for implementation. 

2. EUC08 Accounting. 

a. Obligational Authority. The Grant 

Officer will assign a separate line on the 

UI program notices of obligational 

authority for EUC08 administrative 

grant funds, and a separate sub-account 

for EUC08 will be set up in the Payment 

Management System for states to draw 

down EUC08 administrative funds. 

b. Administrative Fund Accounting. 

Because of the separate appropriation 

for EUC08 administrative funds and the 

availability of these funds until 

expended, states must track and report 

EUC08 administrative expenditures and 

obligations separately from the regular 

UI program. Therefore, states must 

establish a separate fund ledger and 

must submit a separate ETA 9130 for the 

EUC08 program. States are to include 

any EUC08 administrative expenditures 

and obligations incurred in June 2008 in 

their September 30, 2008, EUC08 ETA 

9130 report. 

c. Time Distribution. To ensure that 

regular UI and EUC08 costs are tracked 

separately, states need to charge time 

used for all EUC08 activities to the 

appropriate UI functional activity codes 

as outlined in Appendix E to ET 

Handbook No. 410 under the separate 

EUC08 fund ledger; however, states 

should combine regular and EUC08 staff 

year usage data in Section A of the UI– 

3 worksheet. 

d. Accounting for EUC08 Payments 

(Benefits). 

(1) EUC08 advances to the states’ UTF 

accounts and disbursements for EUC08 

benefit payments will be reported on the 

monthly ETA 2112. Do not use a 

separate form for this report. (See 

Reporting Instructions.) Accurate 

reporting of advances, reimbursements 

and payments is important due to the 

monthly reconciliation of balances with 

Department of Labor records. 

(2) Since EUC08 paid to UCFE and 

UCX claimants will be funded out of 

General Revenues, the Federal 

Employees Compensation (FEC) 

Account will not be used to pay EUC08 

benefits. Therefore, Federal agencies 

will not be required to reimburse the 

Unemployment Trust Fund for EUC08 

paid to ex-Federal civilian and military 

employees. The ETA 191 report and 

UCFE/UCX detailed claimant data 

provided by states to Federal agencies 

must exclude EUC08. 

3. Processing Refunds. There are two 

scenarios for returning funds to the 

program line for EUC08. 

a. The most likely scenario will be 

when the state has funds in its state 

benefit payment account and needs to 

return those funds to the EUCA. This 

should be completed as a negative 

amount posted to the appropriate line in 

ASAP. To accomplish this, the total 

draw for the day in ASAP must be 

greater than the negative balance posted 

to the appropriate line. 

b. The second scenario is when a state 

actually has the funds in its Federal UI 

account that are required to be returned 

to the appropriate program line. This 

should be accomplished by the state 

processing a book transfer transaction 

that accomplishes a transfer from its UI 

account to the appropriate program 

under the EUCA account. 

Reporting Instructions 

1. General. The EUC08 program 

reports, ETA 207, ETA 218, ETA 227, 

ETA 5130 and ETA 5159 must be 

submitted electronically by using 

separate EUC08 entry screens that are 

available through the UI Required 

Reports electronic reporting system. 

EUC08 activity should also be reported 

on the ETA 2112, ETA 539 and UI–3 as 

specified below in section 2. Unless 

otherwise noted, definitions of items 

will follow definitions in the regular 

program as specified in ETA Handbook 

401, 4th Edition. Due dates will be the 

same as the regular versions of reports. 

Reporting will begin with the first 

reporting period in which the effective 

date of the EUC08 program falls. 

Reporting for all reports except the ETA 

2112 will continue for twelve full 

months or four full quarters after the last 

payable week of the EUC08 program. 

For those reporting periods in this postEUC08 time frame, only reports with 

non-zero data need be submitted. 

Reporting on the ETA 2112 must 

continue for as long as there is activity. 

2. Data Items to be Reported. 

a. ETA 207. Report column 1, Total 

Determinations and Redeterminations, 

for lines 101 through 106. Report also 

lines 201 and 202, columns 7 through 

10; and lines 301 and 302, columns 11, 

12, 14, and 17. 

b. ETA 218. Report line 100, columns 

1 through 3. 

c. ETA 227. Report Section A, 

Overpayments Established, lines 101 

and 103, for columns 2 through 5. Also 

report all of Section C, Recovery/ 

Reconciliation, excluding lines 303– 

307, columns 11–14. 

d. ETA 5130. Report all data elements. 

e. ETA 5159. For Section A, Claims 

Activities, report initial claims 

information for columns 2 through 5 

and column 7 for lines 101 through 103. 

Report eligibility reviews and continued 

weeks claimed activity for columns 8 

through 12 for lines 201 through 203. 

The claims information needed for 

column 11 for lines 201 through 203 

will be identified as entitlement type 

‘‘code 2’’ (Federal Benefit Extension) in 

field number 28 on the Interstate LiableAgent Data Transactions (LADT). For 

Section B, Payment Activities, report 

columns 14, 15, 17, 18, and 19 for lines 

301 through 302 and columns 21 and 

columns 24 through 28 for line 303. 

(1) First Payments. Report the first 

payment under EUC08 program. 

(2) Final Payments. A final payment 

is to be reported when a payment is 

issued that exhausts the benefit 

entitlement in the individual’s EUC08 

account. 

f. ETA 2112. Regular activity must be 

reported in the aggregate on the 

electronic regular ETA 2112 report as 

usual. Information reflecting EUC08 

activity must be reported as follows: 

(1) Line 16. Intra-Account Transfer. 

Include in line 16F the amount of 

EUC08 funds transferred from the UTF 

to the state benefit payment account. 

Line 16F must equal Line 47E. 

(2) Line 23. Federal Extended 

Compensation. Enter in columns C and 

E the amount of Federal funds received 

as advances or reimbursement for 

EUC08. 

(3) Lines 33, 34, 35. Enter total 

benefits paid, attributable to state and 

local governments, section 501(c)(3) 

nonprofits, and federally recognized 

Indian tribes, as appropriate, on the 

appropriate line for the type of 

employer, excluding EUC08 benefits. 

(4) Line 36. UCX Net Payments. Enter 

in columns C and F the net Federal 

portion of unemployment compensation 

paid to former members of the armed 

services, excluding EUC08. The total 

payments should be adjusted for 

refunds deposited during the month, 

credits and recharges, and cancellations 

and reissuances. 

(5) Line 39. EUC08 Activity. Enter in 

columns C and F the net amount for 

which the Federal government is liable 

for EUC08, including for UCFE and UCX 

claimants. Break out all disbursements 

by program in the ‘‘Comments’’ section 

as follows: 

(A) FUTA Funded—EUC08 benefits 

based on services for employers, except 

those listed in (B). For example, FUTA 

= $XXX. 

(B) General Revenues (GR) Funded— 

EUC08 benefits paid based on services 

performed for the Federal government 


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(UCFE and UCX), state and local 

government (contributory and noncontributory), section 501(c)(3) nonprofit employers (contributory or noncontributory employers to which 

Section 3309(a)(1) of the Internal 

Revenue Code applies), and federally 

recognized Indian Tribes (contributory 

or non-contributory). For example, GR = 

$YYY. 

(6) Line 42. Federal Emergency 

Compensation. Enter in columns C and 

F the net Federal Emergency 

Compensation paid for which the 

Federal government is liable. Examples 

are past emergency or supplemental 

benefits programs authorized and 

financed entirely by the Federal 

government during periods of high 

unemployment, such as SUA—Special 

Unemployment Assistance, FSB— 

Federal Supplemental Benefits, or 

FSC—Federal Supplemental 

Compensation programs. (Note that 

payments under the Emergency 

Unemployment Compensation of 1991 

and the Temporary Extended 

Unemployment Compensation Act of 

2002 will continue to be reported on 

lines 40 and 41, respectively.) Identify 

the payment by program and amount in 

the ‘‘comments’’ section. Report all 

benefits paid, including the amounts 

transferred to the IRS for federal income 

tax withholding, regardless of whether 

paid from the state account in the UTF 

or the state benefit payment account. 

(7) Line 46. UCFE Net Payments. 

Enter in columns C and F the net 

Federal portion of unemployment 

compensation paid to former Federal 

civilian (including postal) employees, 

excluding EUC08. The total payments 

should be adjusted for refunds 

deposited during the month, credits and 

recharges, and cancellations and 

reissuances. 

(8) Line 50. Withholding. States are to 

report gross benefits in column F 

regardless of whether amounts of 

withholding transferred to the IRS go 

through the state benefit payment 

account. See ETA Handbook 401, 3rd 

Edition, for specific instructions. 

g. ETA 539. Total weeks claimed for 

regular UC, UCFE, and UCX under the 

EUC08 program for the report period 

will be reported in the comments 

section and labeled as ‘‘EUC08’’ 

followed by the number. For example: 

‘‘EUC08=239’’. (The agent weeks 

claimed information needed for this 

report will be obtained from the LADT 

identified in field 28 as ‘‘code 2’’, 

Federal Benefit Extension.) 

h. UI–3 Worksheet. Report EUC08 

claims activity/workload activity 

electronically on the lines for third tier 

programs on the regular UI–3 report. 

i. Benefit Accuracy Measurement 

(BAM). All paid and denied EUC08 

claims will be excluded from the BAM 

Paid Claims Accuracy (PCA) and Denied 

Claims Accuracy (DCA) sampling 

frames. This is consistent with the 

policy followed for previous temporary 

programs. Per the instructions in ET 

Handbook 395, chapter III, the State UI 

Transactions File, Program Type (Data 

Element 11) must be coded ‘‘8’’ (Other) 

and Unemployment Duration Code 

(Data Element 12) must be coded ‘‘5’’ 

(Other federal extended benefits 

program). 

If an EUC08 claim is selected for any 

PCA or DCA sample because it was not 

properly coded in the State UI 

Transactions File, it must be coded ‘‘8’’ 

in PCA data element c1 (Program Code) 

or DCA data element 22 (Program Code). 

These cases will not be investigated by 

BAM, and the BAM supervisor will not 

sign-off on these cases. 

Denied State UI, UCFE, or UCX claims 

filed for the sole purpose of establishing 

eligibility for EUC08 should be 

considered ‘‘pro-forma’’ claims. These 

cases will be deleted from the sample 

and will be coded ‘‘9’’ in PCA data 

element c1 (Program Code) or DCA data 

element 22 (Program Code) using the 

Delete Cases application in the BAM 

Supervisor Case Management menu. 

These cases will not be investigated by 

BAM, and the BAM supervisor will not 

sign-off on these cases. 

Because EUC08 and pro-forma UI, 

UCFE, and UCX cases will be excluded 

from the BAM PCA and DCA samples, 

BAM must sample additional cases in 

subsequent batches to compensate for 

the number of excluded PCA and DCA 

EUC08 and pro-forma cases. 

3. OMB Approval. These instructions 

have been submitted to the Office of 

Management and Budget (OMB), but 

have not yet been approved. Therefore, 

they should be considered draft 

instructions of proposed data 

collections. ETA will notify states upon 

OMB approval and communicate any 

changes deemed necessary during the 

OMB approval process. 

Attachment B—General Provisions for 

Administering EUC08 

Certifications and Assurances 

Í ≈ Compliance with Federal 

Requirements. States must comply with 

the provisions contained in the states’ 

Agreements with the Department to 

administer EUC08 and with all 

applicable EUC08 funding instruments. 

States must perform such duties and 

functions in accordance with the 

Department’s administrative 

requirements for grants and cooperative 

agreements at 29 CFR Parts 31, 32, 37, 

96, 97, 98, and 99. Allowable costs shall 

be determined in accordance with the 

Office of Management and Budget 

Circular A–87 (Revised). 

Õ ≈ Prohibition on Subsidization of 

Forced or Indentured Child Labor. 

States, consistent with Section 103 of 

the General Provisions of the 

Department of Labor Appropriation Act, 

2008, and in accordance with Executive 

Order No. 13126, must not obligate or 

expend funds made available to 

administer EUC08 for the procurement 

of goods mined, produced, 

manufactured, or harvested or services 

rendered, whole or in part, by forced or 

indentured child labor in industries and 

host countries already identified by the 

United States Department of Labor prior 

to enactment of the Department’s 2008 

appropriation. 

S ≈ Salary and Bonus Pay 

Limitations: States, in compliance with 

Section 103 of the General Provisions of 

the Department of Labor Appropriation 

Act, 2008, must not use funds provided 

for EUC08 administration to pay the 

salary and bonuses of an individual, 

either as direct costs or indirect costs, at 

a rate in excess of Executive Level II, 

except as provided for under section 

101 of Public Law 109–149. This 

limitation shall not apply to vendors 

providing goods and services as defined 

in OMB Circular No. A–133. Where 

states are recipients of such funds, states 

may establish a lower limit for salaries 

and bonuses of those receiving salaries 

and bonuses from subrecipients of such 

funds, taking into account factors 

including the relative cost-of-living in 

the state, the compensation levels for 

comparable state or local government 

employees, and the size of the 

organizations that administer Federal 

programs involved including 

Employment and Training 

Administration programs. See TEGL 

number 5–06 for further clarification. 

The incurrence of costs and receiving 

reimbursement for these costs under 

this award certifies that the Grantee has 

read the above special condition and is 

in compliance. 

∞ ≈ Veterans’ Priority Provisions: 

This program, funded by the U.S. 

Department of Labor, is subject to the 

provisions of the ‘‘Jobs for Veterans 

Act’’ (JVA), Public Law 107–288 (38 

U.S.C. 4215). The JVA provides priority 

of service to veterans and spouses of 

certain veterans for the receipt of 

employment, training, and placement 

services. Please note that, to obtain 

priority service, a veteran must meet the 

program’s eligibility requirements. 

Training and Employment Guidance 

Letter (TEGL) No. 5–03 (September 16, 


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2003) provided general guidance on the 

scope of the veterans priority statute 

and its effect on current employment 

and training programs. In addition to 

TEGL No. 5–03, a series of questions 

and answers related to priority of 

service is posted at http:// 

www.doleta.gov/programs/VETs for 

fifteen (15) programs administered by 

ETA. As made applicable by TEGL 13– 

06, the Department of Labor Planning 

Guidance on the Workforce Investment 

Act (WIA) of 1998 and the WagnerPeyser Act (70 FR 19206 (Apr. 12, 

2005)) and the revised Unified Planning 

Guidance (70 FR 19222 (April 12, 2005)) 

require states to describe the policies 

and strategies in place to ensure, 

pursuant to the JVA, that priority of 

service is provided to veterans (and 

certain spouses) who otherwise meet the 

eligibility requirements for all 

employment and training programs 

funded by the U.S. Department of Labor 

and administered by ETA. In addition, 

the states were required to provide 

assurances that they will comply with 

the Veterans’ Priority Provisions 

established by the JVA. States must 

adhere to JVP requirements, as 

interpreted by the Department, in 

administering EUC08. 

TM≈ Certifications and Assurances. 

In administering EUC08, states must 

fully comply with the following State 

Quality Service Plan (SQSP) assurances, 

with two ‘‘exceptions/revisions’’ and 

one ‘‘expansion’’ annotated below. 

These SQSP assurances are detailed in 

Chapter 1, Part VII of the 

‘‘Unemployment Insurance State 

Quality Service Plan (SQSP) Planning 

and Reporting Guidelines,’’ ET 

Handbook No. 336 (18th Edition). 

A. Assurance of Equal Opportunity (EO). 

B. Assurance of Administrative 

Requirements and Allowable Cost Standards. 

C. Assurance of Management Systems, 

Reporting, and Recordkeeping. 

D. Assurance of Program Quality. 

E. Assurance on Use of Unobligated Funds. 

F. Assurance of Prohibition of Lobbying 

Costs (29 CFR Part 93). 

G. Drug-Free Workplace (29 CFR Part 98). 

H. Assurance of Disaster Recovery 

Capability. 

I. Assurance of Conformity and 

Compliance. 

J. Assurance of Automated Information 

Systems Security. 

K. Assurance of Confidentiality. 

Additionally, the Office of 

Management and Budget (OMB), SF 424 

B Assurances—Non-Construction 

Programs, signed and submitted by each 

state with the SQSP annual submission, 

also apply. 

Attachment C—Title IV—Emergency 

Unemployment Compensation 

Title IV—Emergency Unemployment 

Compensation 

Federal-State Agreements 

SEC. 4001. (a) In General.—Any State 

which desires to do so may enter into 

and participate in an agreement under 

this title with the Secretary of Labor (in 

this title referred to as the ‘‘Secretary’’). 

Any State which is a party to an 

agreement under this title may, upon 

providing 30 days’ written notice to the 

Secretary, terminate such agreement. 

(b) Provisions of Agreement.—Any 

agreement under subsection (a) shall 

provide that the State agency of the 

State will make payments of emergency 

unemployment compensation to 

individuals who— 

(1) Have exhausted all rights to 

regular compensation under the State 

law or under Federal law with respect 

to a benefit year (excluding any benefit 

year that ended before May 1, 2007); 

(2) Have no rights to regular 

compensation or extended 

compensation with respect to a week 

under such law or any other State 

unemployment compensation law or to 

compensation under any other Federal 

law (except as provided under 

subsection (e)); and 

(3) Are not receiving compensation 

with respect to such week under the 

unemployment compensation law of 

Canada. 

(c) Exhaustion of Benefits.—For 

purposes of subsection (b)(1), an 

individual shall be deemed to have 

exhausted such individual’s rights to 

regular compensation under a State law 

when— 

(1) No payments of regular 

compensation can be made under such 

law because such individual has 

received all regular compensation 

available to such individual based on 

employment or wages during such 

individual’s base period; or 

(2) Such individual’s rights to such 

compensation have been terminated by 

reason of the expiration of the benefit 

year with respect to which such rights 

existed. 

(d) Weekly Benefit Amount, etc.—For 

purposes of any agreement under this 

title— 

(1) The amount of emergency 

unemployment compensation which 

shall be payable to any individual for 

any week of total unemployment shall 

be equal to the amount of the regular 

compensation (including dependents’ 

allowances) payable to such individual 

during such individual’s benefit year 

under the State law for a week of total 

unemployment; 

(2) The terms and conditions of the 

State law which apply to claims for 

regular compensation and to the 

payment thereof shall apply to claims 

for emergency unemployment 

compensation and the payment thereof, 

except— 

(A) That an individual shall not be 

eligible for emergency unemployment 

compensation under this title unless, in 

the base period with respect to which 

the individual exhausted all rights to 

regular compensation under the State 

law, the individual had 20 weeks of fulltime insured employment or the 

equivalent in insured wages, as 

determined under the provisions of the 

State law implementing section 

202(a)(5) of the Federal-State Extended 

Unemployment Compensation Act of 

1970 (26 U.S.C. 3304 note); and 

(B) Where otherwise inconsistent with 

the provisions of this title or with the 

regulations or operating instructions of 

the Secretary promulgated to carry out 

this title; and 

(3) The maximum amount of 

emergency unemployment 

compensation payable to any individual 

for whom an emergency unemployment 

compensation account is established 

under section 4002 shall not exceed the 

amount established in such account for 

such individual. 

(e) Election by States.— 

Notwithstanding any other provision of 

Federal law (and if State law permits), 

the Governor of a State that is in an 

extended benefit period may provide for 

the payment of emergency 

unemployment compensation prior to 

extended compensation to individuals 

who otherwise meet the requirements of 

this section. 

(f) Unauthorized Aliens Ineligible.—A 

State shall require as a condition of 

eligibility for emergency unemployment 

compensation under this Act that each 

alien who receives such compensation 

must be legally authorized to work in 

the United States, as defined for 

purposes of the Federal Unemployment 

Tax Act (26 U.S.C. 3301 et seq.). In 

determining whether an alien meets the 

requirements of this subsection, a State 

must follow the procedures provided in 

section 1137(d) of the Social Security 

Act (42 U.S.C. 1320b–7(d)). 

Emergency Unemployment 

Compensation Account 

SEC. 4002. (a) In General.—Any 

agreement under this title shall provide 

that the State will establish, for each 

eligible individual who files an 

application for emergency 

unemployment compensation, an 

emergency unemployment 


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compensation account with respect to 

such individual’s benefit year. 

(b) Amount In Account.— 

(1) In General.—The amount 

established in an account under 

subsection (a) shall be equal to the 

lesser of— 

(A) 50 percent of the total amount of 

regular compensation (including 

dependents’ allowances) payable to the 

individual during the individual’s 

benefit year under such law, or 

(B) 13 times the individual’s average 

weekly benefit amount for the benefit 

year. 

(2) Weekly Benefit Amount.—For 

purposes of this subsection, an 

individual’s weekly benefit amount for 

any week is the amount of regular 

compensation (including dependents’ 

allowances) under the State law payable 

to such individual for such week for 

total unemployment. 

Payments to States Having Agreements 

for the Payment of Emergency 

Unemployment Compensation 

SEC. 4003. (a) General Rule.—There 

shall be paid to each State that has 

entered into an agreement under this 

title an amount equal to 100 percent of 

the emergency unemployment 

compensation paid to individuals by the 

State pursuant to such agreement. 

(b) Treatment of Reimbursable 

Compensation.—No payment shall be 

made to any State under this section in 

respect of any compensation to the 

extent the State is entitled to 

reimbursement in respect of such 

compensation under the provisions of 

any Federal law other than this title or 

chapter 85 of title 5, United States Code. 

A State shall not be entitled to any 

reimbursement under such chapter 85 

in respect of any compensation to the 

extent the State is entitled to 

reimbursement under this title in 

respect of such compensation. 

(c) Determination of Amount.—Sums 

payable to any State by reason of such 

State having an agreement under this 

title shall be payable, either in advance 

or by way of reimbursement (as may be 

determined by the Secretary), in such 

amounts as the Secretary estimates the 

State will be entitled to receive under 

this title for each calendar month, 

reduced or increased, as the case may 

be, by any amount by which the 

Secretary finds that the Secretary’s 

estimates for any prior calendar month 

were greater or less than the amounts 

which should have been paid to the 

State. Such estimates may be made on 

the basis of such statistical, sampling, or 

other method as may be agreed upon by 

the Secretary and the State agency of the 

State involved. 

Financing Provisions 

SEC. 4004. (a) In General.—Funds in 

the extended unemployment 

compensation account (as established 

by section 905(a) of the Social Security 

Act (42 U.S.C. 1105(a)) of the 

Unemployment Trust Fund (as 

established by section 904(a) of such 

Act (42 U.S.C. 1104(a)) shall be used for 

the making of payments to States having 

agreements entered into under this title. 

(b) Certification.—The Secretary shall 

from time to time certify to the Secretary 

of the Treasury for payment to each 

State the sums payable to such State 

under this title. The Secretary of the 

Treasury, prior to audit or settlement by 

the Government Accountability Office, 

shall make payments to the State in 

accordance with such certification, by 

transfers from the extended 

unemployment compensation account 

(as so established) to the account of 

such State in the Unemployment Trust 

Fund (as so established). 

(c) Assistance to States.—There are 

appropriated out of the employment 

security administration account (as 

established by section 901(a) of the 

Social Security Act (42 U.S.C. 1101(a)) 

of the Unemployment Trust Fund, 

without fiscal year limitation, such 

funds as may be necessary for purposes 

of assisting States (as provided in title 

III of the Social Security Act (42 U.S.C. 

501 et seq.)) in meeting the costs of 

administration of agreements under this 

title. 

(d) Appropriations for Certain 

Payments.—There are appropriated 

from the general fund of the Treasury, 

without fiscal year limitation, to the 

extended unemployment compensation 

account (as so established) of the 

Unemployment Trust Fund (as so 

established) such sums as the Secretary 

estimates to be necessary to make the 

payments under this section in respect 

of— 

(1) Compensation payable under 

chapter 85 of title 5, United States Code; 

and 

(2) Compensation payable on the basis 

of services to which section 3309(a)(1) 

of the Internal Revenue Code of 1986 

applies. Amounts appropriated 

pursuant to the preceding sentence shall 

not be required to be repaid. 

Fraud and Overpayments 

SEC. 4005. (a) In General.—If an 

individual knowingly has made, or 

caused to be made by another, a false 

statement or representation of a material 

fact, or knowingly has failed, or caused 

another to fail, to disclose a material 

fact, and as a result of such false 

statement or representation or of such 

nondisclosure such individual has 

received an amount of emergency 

unemployment compensation under 

this title to which such individual was 

not entitled, such individual— 

(1) Shall be ineligible for further 

emergency unemployment 

compensation under this title in 

accordance with the provisions of the 

applicable State unemployment 

compensation law relating to fraud in 

connection with a claim for 

unemployment compensation; and 

(2) Shall be subject to prosecution 

under section 1001 of title 18, United 

States Code. 

(b) Repayment.—In the case of 

individuals who have received amounts 

of emergency unemployment 

compensation under this title to which 

they were not entitled, the State shall 

require such individuals to repay the 

amounts of such emergency 

unemployment compensation to the 

State agency, except that the State 

agency may waive such repayment if it 

determines that— 

(1) The payment of such emergency 

unemployment compensation was 

without fault on the part of any such 

individual; and 

(2) Such repayment would be contrary 

to equity and good conscience. 

(c) Recovery by State Agency.— 

(1) In General.—The State agency may 

recover the amount to be repaid, or any 

part thereof, by deductions from any 

emergency unemployment 

compensation payable to such 

individual under this title or from any 

unemployment compensation payable 

to such individual under any State or 

Federal unemployment compensation 

law administered by the State agency or 

under any other State or Federal law 

administered by the State agency which 

provides for the payment of any 

assistance or allowance with respect to 

any week of unemployment, during the 

3-year period after the date such 

individuals received the payment of the 

emergency unemployment 

compensation to which they were not 

entitled, except that no single deduction 

may exceed 50 percent of the weekly 

benefit amount from which such 

deduction is made. 

(2) Opportunity for Hearing.—No 

repayment shall be required, and no 

deduction shall be made, until a 

determination has been made, notice 

thereof and an opportunity for a fair 

hearing has been given to the 

individual, and the determination has 

become final. 

(d) Review.—Any determination by a 

State agency under this section shall be 

subject to review in the same manner 

and to the same extent as 


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determinations under the State 

unemployment compensation law, and 

only in that manner and to that extent. 

Definitions 

SEC. 4006. In this title, the terms 

‘‘compensation’’, ‘‘regular 

compensation’’, ‘‘extended 

compensation’’, ‘‘benefit year’’, ‘‘base 

period’’, ‘‘State’’, ‘‘State agency’’, ‘‘State 

law’’, and ‘‘week’’ have the respective 

meanings given such terms under 

section 205 of the Federal-State 

Extended Unemployment Compensation 

Act of 1970 (26 U.S.C. 3304 note). 

Applicability 

SEC. 4007. (a) In General—Except as 

provided in subsection (b), an 

agreement entered into under this title 

shall apply to weeks of 

unemployment— 

(1) Beginning after the date on which 

such agreement is entered into; and 

(2) Ending on or before March 31, 

2009. 

(b) Transition for Amount Remaining 

in Account.— 

(1) In General.—Subject to paragraph 

(2), in the case of an individual who has 

amounts remaining in an account 

established under section 4002 as of the 

last day of the last week (as determined 

in accordance with the applicable State 

law) ending on or before March 31, 

2009, emergency unemployment 

compensation shall continue to be 

payable to such individual from such 

amounts for any week beginning after 

such last day for which the individual 

meets the eligibility requirements of this 

title. 

(2) Limit on Compensation.—No 

compensation shall be payable by 

reason of paragraph (1) for any week 

beginning after June 30, 2009. 

Advisory: Unemployment Insurance 

Program Letter No. 23–08, Change 1. 

To: State Workforce Agencies. 

From: Brent R. Orrell, Deputy 

Assistant Secretary. 

Subject: Emergency Unemployment 

Compensation, 2008—Questions and 

Answers. 

1. Purpose. To respond to questions 

regarding the Emergency 

Unemployment Compensation, 2008 

(EUC08) program (included as 

Attachment A to this UIPL); to correct 

the ending date(s) during which an 

individual may receive a final payment 

for EUC08 during the phase-out period 

of the program; and to change the 

expiration date of Unemployment 

Insurance Program Letter (UIPL) No. 23– 

08 to ‘‘continuing.’’ 

2. References. UIPL 23–08; 

Supplemental Appropriations Act, 2008 

(Act), Title IV—Emergency 

Unemployment Compensation, Public 

Law 110–252. 

3. Background. The EUC08 program 

became effective in most states during 

the week beginning July 6, 2008 (week 

beginning July 7th in New York). The 

program provides up to 13 weeks of 100 

percent federally-funded compensation 

to eligible individuals. 

4. Correction to End Date for EUC08 

Payments and to ‘‘Expiration Date’’ of 

UIPL 23–08. The legislation provides 

that no EUC08 is payable for weeks 

‘‘beginning after June 30, 2009.’’ In most 

states, where benefit weeks end on 

Saturdays, the practical effect is that the 

week ending July 4, 2009, is the last 

week for which benefits can be paid. 

UIPL No. 23–08 stated incorrectly that 

the week-ending June 27, 2009, was the 

final week for which benefits could be 

paid. In addition, the ‘‘Expiration Date’’ 

for UIPL No. 23–08 is changed to read 

‘‘Continuing.’’ 

5. Action. State Administrators are 

requested to provide this guidance to 

appropriate staff. 

6. Attachment. Emergency 

Unemployment Compensation, 2008— 

Questions and Answers 

Emergency Unemployment 

Compensation, 2008 

Questions and Answers 

Table of Contents 

A. Claims Processing for EUC08 ............................................................................................................................................................. p. 2 

B. Individuals Potentially Eligible for EUC08 ........................................................................................................................................ p. 3 

C. Applicable Benefit Year for EUC08 Purposes .................................................................................................................................... p. 3 

D. Monetary Eligibility ............................................................................................................................................................................. p. 4 

E. Requalifying Requirements for Successive Benefit Years (‘‘Double Dip’’) Provisions .................................................................... p. 6 

F. Base Period Employment Requirement .............................................................................................................................................. p. 6 

G. Seasonal Provisions/Between Terms Denial ...................................................................................................................................... p. 7 

H. Work Search/Job Service Registration Requirements ........................................................................................................................ p. 8 

I. Non-Monetary Issues ............................................................................................................................................................................ p. 8 

J. EUC08 Benefit Intercept ....................................................................................................................................................................... p. 9 

K. Overpayments ...................................................................................................................................................................................... p. 9 

L. Short-Time Compensation (STC) Program ......................................................................................................................................... p. 10 

M. Extensions for Approved Training ..................................................................................................................................................... p. 11 

N. Self-Employment Assistance .............................................................................................................................................................. p. 11 

O. EUC08 Effect on Trade Readjustment Allowances (TRA) ................................................................................................................ p. 11 

P. Interstate Benefits/Combined Wage Claims (CWC) ............................................................................................................................ p. 12 

Q. Claims Filed by Aliens ........................................................................................................................................................................ p. 12 

R. Application of Worker Profiling and Reemployment Services (WPRS) ........................................................................................... p. 13 

S. EUC08 Relation to Extended Benefits ................................................................................................................................................. p. 13 

A. Claims Processing for EUC08 

Í ≈ Question: What is the earliest 

effective date for EUC08 claims, and 

what is the first week payable? 

Answer: In most states, where the 

week of unemployment begins on 

Sunday, the earliest effective date for a 

claim is July 6, 2008. In these states, the 

first week for which EUC08 may be paid 

is the week ending July 12, 2008. 

Õ ≈ Question: If an individual is in 

continued claim status on a regular UC 

claim when s/he exhausts UC, may the 

claim be automatically switched to an 

EUC08 claim without an EUC08 initial 

claim? 

Answer: No. An EUC08 initial claim 

must be filed that meets the state’s 

requirements for claim filing. (See 

Attachment A to UIPL No. 23–08; page 

A–8, #2, Claims for EUC08). 

S ≈ Question: May a state backdate 

an EUC08 claim if an individual files a 

late claim and requests backdating? 

Answer: Section 4001(d)(2) of the Act 

provides that state law will apply; the 

state must follow its own 

unemployment compensation (UC) law 

with respect to backdating of an EUC08 

claim. 

∞ ≈ Question: If state law requires a 

request for redetermination before 


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appeal of a monetary determination, is 

state law followed for EUC08 monetary 

appeals? 

Answer: Yes. Section 4001(d)(2) of the 

Act provides that the provisions of state 

law will apply regarding EUC08 claim 

re-determinations and appeals. 

TM≈ Question: Section 4007(a)(2) of 

the Act provides that EUC08 shall apply 

to weeks of unemployment ending on or 

before March 31, 2009. How does this 

apply to weeks of unemployment that 

are not a calendar week, for example, 

the seven day period of March 25– 

March 31, 2009? 

Answer: Where state laws permit 

‘‘flexible weeks’’ of unemployment that 

follow, for example, an employer’s 

payroll week structure, weeks ending on 

or before (Tuesday) March 31, 2009, 

would be payable. 

→ ≈ Question: Regarding the phaseout of the EUC08 program (when there 

are remaining amounts in an 

individual’s EUC08 account), Section 

4007(b)(2) of the Act provides that no 

EUC08 shall be payable for any week 

beginning after June 30, 2009. Is EUC08 

payable for the week of (Tuesday) June 

30, 2009, that ends (Monday) July 6, 

2009? 

Answer: Yes. If state law permits 

weeks of unemployment to begin on 

(Tuesday) June 30, 2009, the week 

ending (Monday) July 6, 2009, would be 

the final week. 

B. Individuals Potentially Eligible for 

EUC08 

Í ≈ Question: Is an individual 

potentially eligible for EUC08 if s/he 

filed a new claim and established a 

benefit year that ended on or after May 

1, 2007, but received no payments 

before the benefit year ended? 

Answer: Yes. The ending of the 

benefit year prevents the individual 

from receiving the regular UC balance 

that was available. The individual is an 

exhaustee for EUC08 purposes. 

Õ ≈ Question: Is there a waiting week 

for EUC08 if the individual has never 

served a waiting week during the 

applicable benefit year? 

Answer: No. There is no waiting 

period requirement for EUC08. 

S ≈ Question: If an individual files a 

new UC claim and is found monetarily 

ineligible (e.g., no wages or insufficient 

wages) for regular UC, does the agency 

need to check for any earlier/prior 

benefit year(s) to determine if the 

individual may qualify for EUC08? 

Answer: Yes. To determine if the 

individual qualifies for EUC08, the state 

will need to check for any prior benefit 

year(s) that ended on or after May 1, 

2007, and determine if the individual is 

an exhaustee. See Attachment A to UIPL 

23–08, page A–1 Definitions—#4 and 

page A–3, #1(b), Determining 

Exhaustees. 

C. Applicable Benefit Year for EUC08 

Purposes 

Í ≈ Question: May an individual 

choose the benefit year under which an 

EUC08 claim will be filed? For example, 

the individual has two different benefit 

years that ended on or after May 1, 

2007, or the individual has one benefit 

year that ended on or after May 1, 2007 

and another benefit year that has not 

ended but all UC benefits have been 

exhausted? 

Answer: No. The applicable benefit 

year is the most recent benefit year. (See 

Attachment A to UIPL No. 23–08, page 

A–1, Definitions—#4.) 

Õ ≈ Question: If, due to the receipt of 

severance pay, an individual’s eligibility 

for regular UC is postponed or reduced 

to zero and no regular UC is paid during 

the entire benefit year, which has 

ended, is the individual considered to 

be an ‘‘exhaustee?’’ 

Answer: Yes. Once the individual’s 

benefit year ends, the individual is an 

exhaustee. (See Section 4001(c)(2) of the 

Act.) Note: Disqualifications, including 

those related to deductible income, that 

are imposed by state law will also apply 

to EUC08 claims. 

S ≈ Question: An individual has two 

different benefit years that ended on or 

after May 1, 2007. However, on the most 

recent benefit year, the individual does 

not meet the 20 weeks of work 

requirement. The individual’s prior 

benefit year does meet this requirement. 

Since the most recent benefit year does 

not meet the EUC08 monetary 

requirements, might the individual 

qualify for EUC08 based on the prior 

benefit year? 

Answer: No. The applicable benefit 

year, which is used as the basis for an 

EUC08 claim, is the most recent benefit 

year. 

D. Monetary Eligibility 

Í ≈ Question: Is there a uniform 13- 

week duration for all EUC08 claims? 

Answer: No. The EUC08 maximum 

benefit amount (MBA) is computed as 

the lesser of 50 percent of the 

individual’s regular UC MBA, including 

dependents’ allowance(s), or 13 times 

the individual’s average weekly benefit 

amount (WBA). Fifty percent of the 

regular MBA may result in less than 13 

weeks of benefits, for example, where an 

individual only qualifies for an MBA of 

10 weeks of regular UC. (See Section 

4002(b)(1) of the Act.) 

Õ ≈ Question: If there has been a 

recent increase in the state’s WBA that 

applies to all benefit years on file with 

a balance, what impact does it have on 

the EUC08 WBA and MBA? 

Answer: The increase will affect the 

calculation of the EUC08 WBA and 

MBA if it increases the claimant’s WBA 

for regular compensation for the 

applicable benefit year. The individual’s 

EUC08 WBA is the most recent WBA of 

regular compensation for the applicable 

benefit year. The individual’s EUC08 

MBA is also affected by the WBA 

increase for regular compensation 

because the EUC08 MBA is the lesser of 

50 percent of the total regular UC for the 

benefit year (which would be increased 

by the WBA increase) or 13 times the 

average WBA paid during the benefit 

year (which also would be increased by 

the WBA increase). (See Section 

4002(b)(1) of the Act.) 

For example, if an individual received 

regular UC for 20 weeks at $200 and the 

remaining 6 weeks at $220, his/her 

EUC08 WBA will be $220, and the 

EUC08 MBA will be $2,660 which is the 

lesser of 50% of $5320 ($2,660) or 13 

times $210 ($200 + $220 divided by 2 

($2,730), the average of both WBAs). 

State law rounding provisions will 

apply. 

S ≈ Question: If an individual 

receives a monetary penalty on his/her 

regular claim, is the EUC08 claim based 

on the regular amount before or after the 

penalty (e.g., wage cancellation or 

reduction of the MBA)? 

Answer: The EUC08 claim is based on 

the amount determined before the 

penalty. Section 4002(b)(1) of the Act 

requires that the amount in the EUC08 

account equal the lesser of 50 percent of 

the regular benefits payable or 13 times 

the average WBA. The Department has 

consistently held that the determination 

of the monetary award for federally 

financed extensions should be based on 

the regular UC amount prior to the 

application of a penalty because to base 

entitlement on the lesser re-determined 

amount would be tantamount to 

imposing a second penalty for the same 

disqualifying act. (See 20 CFR 

615.5(a)(1)(i) and (b)(3), which applies 

the same principle in the extended 

benefits (EB) program in determining 

exhaustion.) 

∞ ≈ Question: May individuals who 

have had their base period wage credits 

canceled or who have had their regular 

maximum benefit amount reduced to 

one week establish a EUC08 claim? If 

‘‘yes,’’ how is the EUC08 monetary 

account calculated? 

Answer: Yes. Consistent with the EB 

regulations (20 CFR 615.5(a)(1)(i) and 

(b)(3)) the individual is an exhaustee if 

no regular compensation is payable. 

Also, the individual’s EUC08 monetary 

account is calculated using the 


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monetary determination before wage 

cancellation or benefit reduction, as 

explained in #3 above. 

TM≈ Question: If the calculation of 

the individual’s EUC08 MBA at 50 

percent of the MBA for regular 

compensation results in a fraction that 

requires rounding, are state law 

rounding provisions followed? 

Answer: Yes. States are to round up 

or down in accordance with their state 

law. 

→ ≈ Question: A state’s formula for 

determining the MBA for regular 

compensation is the lesser of 26 times 

the WBA or one-third of the base period 

wages credits. When an individual is 

unemployed due to a plant closing, the 

state pays up to 13 additional weeks of 

benefits as the lesser of 39 times the 

WBA or one-half of the base period 

wage credits. State law does not 

specifically define these benefits as 

additional compensation. Are the plant 

closing benefits considered additional 

compensation for EUC08 purposes? 

Answer: Yes. These benefits meet the 

definition of ‘‘additional compensation’’ 

in Attachment A to UIPL No. 23–08, 

that is, ‘‘compensation totally financed 

by a state and payable under a state law 

by reason of high unemployment or 

other special factors.’’ (Emphasis 

added.) The ‘‘special factor’’ here is that 

these benefits are paid for plant 

closings. As ‘‘additional compensation,’’ 

these benefits are excluded from use in 

the calculation of EUC08 monetary 

entitlement. Further, EUC08 may be 

paid prior to these benefits, because 

Section 4001(b)(2) of the Act does not 

require, as a condition of EUC08 

eligibility, exhaustion of additional 

compensation. 

← ≈ Question: May an individual 

have more than one EUC08 claim? 

Answer: Yes. An individual may 

establish a claim for EUC08, qualify for 

a new UC benefit year, exhaust that 

benefit year, exhaust the first EUC08 

claim and subsequently qualify for a 

second EUC08 claim based on the new 

(most recent) benefit year. 

Example: An individual is determined 

eligible for EUC08 based on a UC benefit year 

that ended on May 12, 2007. S/he receives 10 

weeks of EUC08 prior to the calendar quarter 

change, at which point s/he qualifies for a 

new UC benefit year. Because the individual 

qualifies for regular UC, EUC08 payments 

must stop. 

The individual exhausts benefits based on 

his/her new UC benefit year; therefore, s/he 

is again an exhaustee for EUC08 purposes. S/ 

he may collect the remaining entitlement on 

his/her existing (first) EUC08 claim and after 

exhausting these benefits s/he may file a new 

(second) EUC08 claim based on the new 

(most recent) UC benefit year. The new/most 

recent benefit year is the applicable benefit 

year for a second EUC08 claim, if the initial 

claim for that second claim is for a week of 

unemployment ending on or before March 

31, 2009. 

E. Requalifying Requirements for 

Successive Benefit Years (‘‘Double Dip’’) 

Provisions 

Í ≈ Question: State law requires an 

individual who received UC in a benefit 

year to have had work since the 

beginning of the benefit year to qualify 

for a new benefit year. How does this 

‘‘double dip’’ requirement affect 

eligibility for EUC08? 

Answer: Section 3304(a)(7) of the 

Federal Unemployment Tax Act (FUTA) 

requires, as a condition of a state’s 

participation in the federal-state UC 

program, that the state law provide that 

‘‘an individual who has received [UC] 

during his benefit year is required to 

have had work since the beginning of 

such year in order to qualify for [UC] in 

his next [second] benefit year.’’ 

Where an individual is unable to 

satisfy this ‘‘double dip’’ requirement, 

some states will nevertheless establish a 

second benefit year, although the 

individual will have no monetary 

entitlement on that benefit year until s/ 

he satisfies the requirement. Whether or 

not the state establishes a new benefit 

year when the individual does not 

satisfy the double dip requirement, an 

individual is an exhaustee and will 

qualify for EUC08, if otherwise eligible. 

This follows the approach taken in the 

EB program. (See 20 CFR 615.2(c)(2)) 

F. Base Period Employment 

Requirement 

Í ≈ Question: An individual has 

covered employment and wages in two 

states and filed a combined wage claim 

(CWC). Although wages were 

transferred to State A from State B, the 

individual has established a benefit year 

based only on wages from State A 

because the base period wages from 

State B do not increase the weekly or 

maximum benefit amount. Therefore, a 

CWC was not established and State A 

returned wages to State B. May State A 

use the wage transfer record (TC–IB4) it 

received from State B as evidence of 

employment and wages in the base 

period of the claim, which will satisfy 

the 20-week work requirement or its 

equivalent for EUC08 entitlement? 

Answer: Yes. Section 4001(d)(2)(A) of 

the Act requires an individual to have 

20 weeks of full-time insured 

employment or the equivalent in 

insured wages under the provisions of 

applicable state law to qualify. It does 

not require all of the employment and 

wages to have been used in the 

determination of monetary entitlement 

for the applicable benefit year. 

Õ ≈ Question: How is full-time work 

determined for purposes of the 20- 

weeks-of-work requirement? 

Answer: It is ‘‘determined under the 

provisions of the State law 

implementing section 202(a)(5) of the 

Federal-State Extended Unemployment 

Compensation Act of 1970.’’ (Section 

4002(d)(2)(A) of the Act.) This requires 

the state to follow the monetary 

qualifying requirements that the 

individual meets at least one of the 

following: 

• One and one-half times the 

individual’s high quarter wages; 

• 40 times the most recent weekly 

benefit amount; or 

• 20 weeks of full-time insured 

employment as provided by the state’s 

law. Note: Full-time may not always be 

defined as 40 hours per week; states will 

refer to their state law for the definition 

of ‘‘full-time.’’ See 20 CFR 615.4(b) 

regarding these options. 

G. Seasonal Provisions/Between Terms 

Denial 

1. Question: Are employees of 

educational institutions who are denied 

regular benefits because of the betweenand-within terms denial provisions 

eligible for EUC08 during those 

between-and-within terms periods? 

Answer: No. Section 3304(a)(6)(A) of 

the Federal Unemployment Tax Act 

(FUTA) requires, as a condition of 

participation in the federal-state UC 

program, that state law limit the 

eligibility of individuals based upon 

services performed for educational 

institutions between and within 

academic terms. With exceptions not 

relevant here, section 4001(d)(2) of the 

Act applies the terms and conditions of 

the state law to claims for EUC08. 

Therefore, the same between and within 

terms denial provisions of state law 

apply to EUC08 claims. Note: 

Employees of educational institutions 

who establish a benefit year based on 

non-school wages may qualify for 

EUC08 between-and-within terms after 

exhausting all UC that is based on their 

non-school wages. The WBA for the 

EUC08 claim must be based on the nonschool wages. 

2. Question: Under a state’s 

seasonality provisions, benefits based 

on seasonal wages may be paid only 

during the normal seasonal period for 

which the seasonal wage credits were 

earned. Is a seasonal worker, whose 

monetary determination is based solely 

on seasonal wages and who is ineligible 

because of the seasonality provisions, 

considered an ‘‘exhaustee’’ for EUC08 

purposes? 


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Answer: Yes. The EB exhaustion 

provisions (20 CFR 615.5(b)(2)) 

regarding seasonal workers make 

seasonal workers potentially eligible as 

exhaustees during the ‘‘off’’ season. The 

same rule is applicable for EUC08 

claims. 

H. Work Search/Job Service Registration 

Requirements 

Í ≈ Question: Do EB work search 

requirements apply to EUC08? 

Answer: No. The Act does not apply 

the EB work search requirements to 

EUC08. Rather, under section 4001(d)(2) 

of the Act, the work search requirements 

of state law apply to EUC08. 

Õ ≈ Question: Do state law provisions 

requiring an individual to be able and 

available for work apply to EUC08? 

Answer: Yes. See Section 4001(d)(2) 

of the Act. 

S ≈ Question: Is it inconsistent with 

federal law for a state to electronically 

reactivate prior work registrations and 

require the same number of job contacts 

for EUC08 as was required for regular 

UC? 

Answer: No. Federal law requires this 

result. Under Section 4001(d)(2) of the 

Act, state law work search and 

employment service registration 

requirements apply to EUC08 eligibility. 

I. Non-Monetary Issues 

Í ≈ Question: Must states adjudicate 

any new separation issue(s) that 

occurred after the individual exhausted 

his or her UC claim? 

Answer: Yes. State must adjudicate 

separation issues in accordance with 

state law for all EUC08 claims. 

Õ ≈ Question: If state law provides for 

adjudication of all separations from the 

beginning of the base period to the time 

a claim is filed, does this provision of 

state law apply to EUC08 claims? 

Answer: Yes. See Section 4001(d)(2) 

of the Act. 

S ≈ Question: If an individual has 

satisfied/purged a disqualification, for 

example, disqualifications related to 

fraud, separation, or refusal of suitable 

work, is s/he eligible for EUC08, if 

otherwise eligible? 

Answer: Yes. The individual is 

eligible for EUC08, if all other 

requirements are met. 

∞ ≈ Question: Our state assesses 

penalty weeks for making false 

statements. An otherwise eligible 

individual must certify for benefits to 

satisfy this penalty. May an individual 

who is otherwise eligible to file an 

EUC08 claim use EUC08 weeks to 

satisfy this penalty? 

Answer: Yes, the individual may use 

EUC08 weeks to satisfy this penalty, but 

will be ineligible for EUC08 during 

those penalty weeks. 

TM≈ Question: Our state assesses 

penalty weeks for false statements and 

suitable work disqualifications. Our 

penalty is a set number of weeks and the 

individual does not have to certify or be 

eligible for benefits to ‘‘serve’’ these 

penalty weeks. Would individuals 

qualify for EUC08 payments during the 

period when they are ‘‘serving’’ these 

weeks? 

Answer: No. As in the answer above, 

the individual is ineligible for EUC08 

for the penalty weeks. Where an 

individual is disqualified for benefits 

under state law, s/he would not qualify 

for EUC08 until the time period for the 

disqualification has been satisfied/has 

passed. 

J. EUC08 Benefit Intercept 

Í ≈ Question: Are EUC08 payments 

subject to child support intercept and 

similar levies and attachments? 

Answer: Yes, but only to the extent 

that doing so is consistent with federal 

and state law. As explained in UIPL No. 

45–89, the Federal ‘‘withdrawal 

standard’’ limits deductions from UC to 

those authorized or required by Federal 

law. One of the required offsets pertains 

to child support. Further, the terms and 

conditions of state law apply to EUC08, 

including intercepts and offsets, except 

where inconsistent with the Act or 

operating instructions. 

Õ ≈ Question: What is the order of 

priority for deductions of overpayment 

offset, child support, and income taxes? 

Answer: The state will follow the 

same procedures that apply to regular 

compensation. (See UIPL 17–95, Change 

1.) 

K. Overpayments 

Í ≈ Question: May EUC08 benefits 

be offset to recover state UC 

overpayments? 

Answer: Yes, if the state has a CrossProgram Overpayment Offset Agreement 

with the Secretary. The state must 

follow the agreement in recovering 

overpayments. 

Õ ≈ Question: Must all offsets from 

EUC08 be 50 percent even if state law 

requires a 100 percent offset of benefits? 

Answer: No. The Act provides that 

the 50 percent limit applies only to 

offsets to recover EUC08. It does not 

apply to offsets of EUC08 to recover 

state UI overpayments. 

S ≈ Question: May a state apply its 

own state law waiver provisions to 

EUC08 overpayments? 

Answer: A state law’s waiver 

provision may be applied to nonfraudulent EUC08 overpayments if the 

provision requires the state to determine 

that (1) the payment of EUC08 was 

without fault on the part of the 

individual and (2) repayment would be 

contrary to equity and good conscience. 

(See Attachment A to UIPL NO. 23–08, 

page A–11, #6(b)(1), Application of 

State Waiver Provision.) 

∞ ≈ Question: How should states 

handle prosecutions of EUC08 fraud 

overpayments? 

Answer: States must pursue EUC08 

fraud cases in the same manner as all 

other Federal UC fraud cases are 

handled. For referrals of fraud cases to 

the U.S. Department of Labor’s Office of 

Inspector General (OIG), see UIPL No 

29–05. 

TM≈ Question: Are states required to 

use only benefit offsets to recover 

EUC08 overpayments? 

Answer: No, Section 4004(c)(1) 

merely authorizes offset against EUC08 

benefits as one method of recovery. 

‘‘EUC08 overpayment recovery shall be 

enforced by any action or proceeding 

which may be brought under state or 

Federal law * * *’’ See Attachment A 

to UIPL No. 23–08; page A–13, 

#6(b)(3)(D), Recovery of Overpayments, 

Section 4005(c) of the Act. 

➝ ≈ Question: States are still 

recovering overpayments from the 2002 

Temporary Extended Unemployment 

Compensation (TEUC) program. Is it 

necessary to separately report those 

2002 overpayments recovered from any 

EUC08 overpayments recovered? 

Answer: Yes. Transactions concerning 

the 2002 TEUC program should be 

reported separately from EUC08 

transactions. 

L. Short-Time Compensation (STC) 

Program 

Í ≈ Question: May EUC08 be paid to 

individuals participating in a short-time 

compensation (STC or worksharing) 

program? 

Answer: Yes. If an individual 

participating in an STC program is an 

exhaustee for EUC08 purposes and is 

otherwise eligible, EUC08 must be paid 

to an otherwise eligible individual on 

the same terms and conditions as apply 

to regular compensation. The payment 

of EUC08 to STC participants is unlikely 

to occur since STC participants rarely 

exhaust their UC benefits and an 

individual participating in an STC 

program whose benefit year has ended 

will have wages that must be used to 

establish, if possible, a new benefit year 

before any EUC08 is payable. 

Õ ≈ Question: When a state law 

requires regular compensation to be 

paid to individuals participating in an 

STC program, the criteria for earnings 

deductions from the benefits is based on 

a percentage of the earnings instead of 

the rules that apply to regular claims. 

Do the provisions of the state law 


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governing STC deductions apply to 

EUC08? If ‘‘yes,’’ does the state law 

provision that limits the number of 

weeks payable to STC participants 

apply to an STC participant receiving 

EUC08? 

Answer: Yes to both questions. EUC08 

is to be paid to STC participants under 

the provisions of the state law governing 

STC. 

M. Extensions for Approved Training 

Í ≈ Question: If a state has a special 

extension for individuals who exhaust 

regular compensation and are 

participating in approved training, may 

EUC08 be paid to these individuals? 

Answer: Yes. The benefits paid under 

this special extension are additional 

compensation. Section 4001(b)(2) of the 

Act does not require exhaustion of 

additional compensation to qualify for 

EUC08. Therefore, a state may pay 

additional compensation concurrent 

with, or after, EUC08. See Attachment A 

to UIPL No. 23–08; page A–5, #6, Effect 

of Additional Compensation Eligibility 

in a State. 

N. Self-Employment Assistance 

Í ≈ Question: May EUC08 be paid to 

individuals participating in a selfemployment assistance (SEA) program? 

Answer: No. Since SEA is paid to an 

individual ‘‘in lieu of’’ regular UC 

(Section 3306(t)(1) of the FUTA), the 

individual has not exhausted regular 

compensation, until s/he has exhausted 

SEA. This renders him/her ineligible for 

EUC08, until either SEA is exhausted or, 

if the individual has stopped 

participating in an SEA program, s/he 

has exhausted regular compensation. 

O. EUC08 Effect on Trade Readjustment 

Allowances (TRA) 

Í ≈ Question: The individual 

exhausted 26 weeks of regular UC on a 

first benefit year and began receiving 

TRA based on that benefit year. S/he 

qualified for a second benefit year and 

payment of TRA stopped. The 

individual has now exhausted all 

benefits available on the second benefit 

year and meets the requirements for 

EUC08 based on the second benefit year. 

After exhaustion of EUC08, are TRA 

benefits again payable based on the first 

benefit year? 

Answer: Yes. If the individual 

continues to meet all the TRA eligibility 

requirements, TRA payments may 

resume based on the first benefit year. 

Õ ≈ Question: An individual has 

received 26 weeks of regular UC and 22 

weeks of basic TRA prior to qualifying 

for 13 weeks of EUC08. What remaining 

TRA entitlement does the individual 

have? 

Answer: Under 20 CFR 617.14(a), the 

TRA MBA is 52 times the TRA WBA, 

minus the total sum of UC to which the 

individual was entitled. Since EUC08 is 

UC, the 13 weeks of EUC08 is 

subtracted, along with the 26 weeks of 

regular UC and the 22 weeks of basic 

TRA already paid. At this point, basic 

TRA entitlement is exhausted; 

additional TRA may be available to the 

individual if s/he is in training and is 

otherwise eligible. 

S ≈ Question: If an individual has 

received 26 weeks of UC and 26 weeks 

of basic TRA, is the individual entitled 

to EUC08, if otherwise eligible? 

Answer: Yes. TRA does not reduce 

the amount of EUC08. Therefore, EUC08 

is payable to the individual if all other 

eligibility requirements are met. See 

Attachment A to UIPL No. 23–08; page 

A–5, #8(a), Trade Readjustment 

Allowances (TRA). 

∞ ≈ Question: An individual has 

been in training for the past year, 

received 26 weeks of regular UC, 26 

weeks of basic TRA, and 13 weeks of 

EUC08. Is this individual entitled to any 

weeks of additional TRA? 

Answer: If this individual meets the 

additional TRA eligibility requirements 

s/he is entitled to additional TRA for 

any weeks remaining in the fixed 52 

consecutive-week eligibility period. (See 

20 CFR 617.3(m) and Training and 

Employment Guidance Letter No. 11–02 

page 22.) 

Note: EUC08 is not deductible from 

additional TRA. However, although the 

benefit amount is not reduced, the length of 

time for which the individual may claim 

additional TRA is reduced if the s/he collects 

EUC08 during the fixed consecutive-week 

period for which additional TRA is payable. 

P. Interstate Benefits/Combined Wage 

Claims (CWC) 

Í ≈ Question: Under regular 

interstate and CWC procedures, when 

an individual is indefinitely 

disqualified under State A’s law and has 

sufficient employment and wages to 

qualify under State B’s law, the 

individual files against State B. Using 

this scenario, an individual has existing 

benefit years ending on or after May 1, 

2007, in both State A and State B. If the 

second claim is indefinitely disqualified 

in State B, may the individual file for 

EUC08 using the claim in State A if, for 

example, the disqualification in State A 

could be purged/satisfied? 

Answer: No. Only the claim in State 

B meets the definition of an ‘‘applicable 

benefit year’’ for EUC08 purposes. (See 

Attachment A to UIPL No. 23–08; page 

A–1, Definitions—#4.) 

Q. Claims Filed by Aliens 

Í ≈ Question: What requirements 

must an alien meet to qualify for 

EUC08? 

Answer: To qualify for EUC08 for a 

week, the alien must be authorized to 

work in the United States for that week. 

The alien’s authorization to work must 

be verified through the System for Alien 

Verification of Eligibility at Social 

Security Act section 1137(d), which 

state agencies for regular UC. However, 

if the state has information obtained 

from the verification made in 

connection with the regular UC claim 

that the alien’s work authorization 

remains in effect, no additional 

verification is required until the 

expiration date of his/her qualified alien 

status is reached. 

R. Application of Worker Profiling and 

Reemployment Services (WPRS) 

Í ≈ Question: Are individuals filing 

for EUC08 subject to profiling and 

selection and referral to services under 

the WPRS program? 

Answer: No. Only individuals filing 

new initial claims for regular UC must 

be profiled and, as appropriate, selected 

and referred to services under the WPRS 

program. 

S. EUC08 Relation to Extended 

Benefits 

Í ≈ Question: If a state in an EB 

period chooses to pay EB before EUC08, 

must the state pay EUC08 to individuals 

who have an applicable benefit year for 

EUC08, but not for EB? 

Answer: Yes. The state must pay 

EUC08 to eligible exhaustees whether or 

not they previously received EB. 

Advisory: Unemployment Insurance 

Program Letter No. 23–08, Change 2. 

To: State Workforce Agencies. 

From: Brent R. Orrell, Deputy 

Assistant Secretary. 

Subject: Emergency Unemployment 

Compensation, 2008—Program 

Expansion. 

1. Purpose. To advise states of an 

expansion of the Emergency 

Unemployment Compensation, 2008 

(EUC08) program and to provide 

operating instructions for its 

implementation. 

2. References. The Unemployment 

Compensation Extension Act, Public 

Law 110–449, enacted November 21, 

2008; Supplemental Appropriations 

Act, 2008, Title IV—Emergency 

Unemployment Compensation, Public 

Law 110–252, enacted June 30, 2008; 

Unemployment Insurance Program 

Letter (UIPL) No. 23–08 and UIPL No. 

23–08, Change 1. 


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3. Background. Public Law (Pub. L.) 

110–449 expands the EUC08 program to 

provide up to 20 weeks of 100 percent 

federally-funded unemployment 

compensation to eligible individuals in 

all states. It also expands the EUC08 

program by providing a second tier of 

benefits of up to 13 weeks for eligible 

individuals in those states with high 

unemployment. 

These expanded EUC08 benefits are 

available only for weeks of 

unemployment beginning on or after the 

date of enactment, which is November 

21, 2008. Although these amendments 

do not change the date for establishing 

initial eligibility for EUC08, they do 

extend the program’s termination date. 

Under the new termination date, no 

EUC08 payments may be made for any 

week of unemployment beginning after 

August 27, 2009. 

Detailed implementation guidance, 

including reporting instructions, is 

included in Attachment A. The text of 

the Unemployment Compensation 

Extension Act is included in 

Attachment B. 

All states currently have agreements 

with the Secretary to administer the 

EUC08 program under provisions of the 

EUC08 Act. The existing agreements 

remain in effect, and no new agreements 

are necessary to implement these 

amendments. 

4. Interpretation. The instructions in 

this document are issued to the states 

and cooperating state agencies as 

guidance provided by the Department of 

Labor in its role as the principal in the 

EUC08 program. As agents of the United 

States, the states and cooperating state 

agencies may not deviate from the 

operating instructions without the prior 

approval of the Department. To the 

extent that the guidance provided in 

UIPLs Nos. 23–08 and 23–08, Change 1, 

is inconsistent with this UIPL, such 

guidance is superseded. 

5. Action Requested. Administrators 

are to provide this information and 

instructions to the appropriate staff. 

6. Inquiries. Direct questions to the 

appropriate Regional Office. 

7. Attachments. Attachment A— 

Operating Instructions for the EUC08 

Program Expansion. 

Attachment B—Text of the 

Unemployment Compensation 

Extension Act of 2008. 

Attachment A to UIPL No. 23–08, 

Change 2 

Operating Instructions for the EUC08 

Program Expansion 

Introduction 

On Friday, November 21, 2008, the 

President signed Public Law 110–449, 

the Unemployment Compensation 

Extension Act of 2008 (the Extension 

Act), which amended the Supplemental 

Appropriations Act, 2008, Title IV— 

Emergency Unemployment 

Compensation (EUC08) program by: 

• Providing for up to 7 additional 

weeks of benefits to eligible individuals 

in all states. These benefits will be 

referred to as ‘‘basic EUC08’’ or ‘‘FirstTier EUC08’’; 

• Adding a Second-Tier of EUC08 

benefits for eligible individuals in those 

states with ‘‘high unemployment.’’ 

These benefits are referred to as 

‘‘Second-Tier EUC08’’; and 

• Extending the EUC08 program’s 

termination date from the week that 

includes Tuesday, June 30, 2009, to the 

week that includes Thursday, August 

27, 2009. In most states, where the week 

of unemployment ends on Saturday, 

this means the last week for which 

EUC08 may be paid is the week ending 

Saturday, August 29, 2009. In New 

York, where the week begins on 

Monday, this means that the last week 

for which EUC08 may be paid is the 

week ending Sunday, August 30, 2009. 

In states with variable start dates, this 

means the last week for which EUC08 

may be paid is the week ending 

Wednesday, September 2, 2009. 

Notifications 

1. Identification and Notification of 

Potentially Eligible Claimants. The state 

must identify individuals who are 

potentially eligible for additional EUC08 

due to the program’s expansion. If the 

individual had previously exhausted an 

EUC08 claim, the state shall provide the 

individual with appropriate written 

notification of his/her potential 

entitlement to additional EUC08 

benefits. If the individual has not 

exhausted his/her EUC08 claim prior to 

the enactment of the Extension Act, the 

state will recalculate the maximum 

benefit amount on the EUC08 claim and 

notify the individual of the increased 

amount added to his/her First-Tier 

EUC08 claim. 

2. Notification of Media. To ensure 

public knowledge of the expansion of 

the EUC08 program, the state shall 

notify appropriate news media having 

coverage throughout the state. Should a 

state trigger ‘‘on’’ to Second-Tier EUC08, 

it must also notify the media of the 

availability of Second-Tier EUC08 

benefits. 

Operating Instructions 

Except where inconsistent with these 

instructions, the operating instructions 

that were included as Attachment A to 

UIPL No. 23–08 are applicable. 

1. First-Tier Benefits. Under the 

Extension Act, the maximum benefit 

amount in an individual’s account is the 

lesser of 80 percent of the total amount 

of regular compensation (including 

dependents’ allowances), or 20 times 

the individual’s average regular 

compensation weekly benefit amount 

for a week of total unemployment 

(including dependents’ allowances), 

payable to the individual with respect to 

the ‘‘applicable benefit year.’’ 

This increase in First-Tier EUC08 

eligibility applies to all newlyqualifying individuals as well as to all 

individuals who established their 

EUC08 entitlement prior to the date the 

Extension Act was enacted. However, 

the extra seven weeks of basic EUC08 

payable under the Extension Act are 

only payable for weeks of 

unemployment beginning on or after 

Friday, November 21, 2008, the date of 

enactment of the extension. 

2. Second-Tier Benefits. Under the 

Extension Act, if, at the time that the 

amount in an individual’s EUC08 

account is exhausted or at any time 

thereafter (except as explained below), 

the state is in an ‘‘extended benefit 

period’’ (EUC08 Second-Tier period) (as 

defined in the Extension Act), the 

individual’s EUC08 account will be 

augmented by an amount equal to the 

lesser of 50 percent of the total amount 

of regular compensation (including 

dependents’ allowances), or 13 times 

the individual’s average weekly benefit 

amount for the benefit year (including 

dependents’ allowances), payable to the 

individual with respect to the 

‘‘applicable benefit year.’’ There is no 

Second-Tier augmentation of an 

individual’s account if that individual 

exhausts his/her EUC08 account after an 

EUC08 Second-Tier period ends— 

unless a second EUC08 Second-Tier 

period occurs thereafter. 

The Extension Act defines an EUC08 

Second-Tier period as: 

• An Extended Benefit (EB) period 

currently in effect for the state under the 

Federal-State Extended Unemployment 

Compensation Act of 1970 (FSEUCA). 

• An EUC08 Second-Tier period that 

would be in effect under the FSEUCA 

using an insured unemployment rate 

(IUR) for the relevant 13-week period 

that is equal to or greater than 4 percent. 

(Unlike the ‘‘regular’’ EB program under 

the FSEUCA, the EUC08 EB period does 

not use a 5 percent IUR trigger or have 

a 120 percent ‘‘lookback’’ requirement.) 

• An EUC08 Second-Tier period that 

would be in effect under the FSEUCA 

using a three-month seasonally adjusted 

total unemployment rate (TUR) that is 

equal to or greater than 6 percent. 

(Unlike the ‘‘regular’’ EB program under 


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the FSEUCA, the EUC08 Second-Tier 

program does not use a 6.5 percent TUR 

trigger or have a 110 percent ‘‘lookback’’ 

requirement.) This rate will be used in 

all states, whether or not the state uses 

it for the ‘‘regular’’ EB program. 

The rules governing the timing of the 

triggering ‘‘on’’ and ‘‘off’’ an EUC08 

Second-Tier period are the same as 

those governing the ‘‘regular’’ EB 

program under the FSEUCA, set forth at 

20 CFR 615.11. The beginning date of a 

state’s EUC08 Second-Tier period will 

be based on when the state would have 

triggered ‘‘on’’ under the FSEUCA using 

the above triggers as well as the rules 

governing the timing of those periods 

under 20 CFR 615.11. Notwithstanding 

these regulations, however, no EUC08 

Second-Tier period will begin earlier 

than June 30, 2008—the date on which 

the Extension Act made the Second-Tier 

amendment effective. Further, as 

provided by this regulation, each EUC08 

Second-Tier period will last at least 13 

weeks. For example, if a state triggers 

‘‘on’’ to an EUC08 Second-Tier period 

for the week beginning Sunday, August 

31, 2008, using the 6 percent TUR 

trigger, the state would remain ‘‘on’’ for 

an EUC08 Second-Tier period for at 

least 13 weeks from that date. After 

these 13 weeks, the EUC08 Second-Tier 

period would end, in accordance with 

this regulation, on the last day of the 

third week after the first week for which 

there is an ‘‘off’’ indicator in the state. 

The Department will notify each state of 

the beginning and ending dates of any 

EUC08 Second-Tier period applicable to 

that state in generally the same manner 

the states are notified of a ‘‘regular’’ EB 

period. 

An individual may not have his/her 

EUC08 account augmented by these 

Second-Tier benefits more than once per 

EUC08 claim. Further, if the 

individual’s First-Tier EUC08 account is 

exhausted after Tuesday, March 31, 

2009, there can be no Second-Tier 

benefit augmentation of the account. In 

most states, where the week of 

unemployment ends on a Saturday, this 

means that individuals who have a 

First-Tier EUC08 claim that exhausts on 

or after the week ending Saturday, April 

4, 2009, do not qualify for a Second-Tier 

EUC08 claim. In states with variable 

claim start dates, this means the 

individuals who have a First-Tier 

EUC08 claim that exhausts after 

Tuesday, March 31, 2009, do not qualify 

for a Second-Tier EUC08 claim. 

However, if an individual’s EUC08 

account is exhausted on or before 

Tuesday, March 31, 2009, the individual 

may qualify for a Second-Tier EUC08 

claim if an EUC08 Second-Tier period is 

either then in effect or subsequently 

triggers ‘‘on’’ (even if that period triggers 

‘‘on’’ after Tuesday, March 31, 2009). 

Two examples follow: 

Example 1: An individual exhausts FirstTier EUC08 on Saturday, April 18, 2009. This 

individual will not qualify for a Second-Tier 

of EUC08, even if an EUC08 Second-Tier 

period is in effect, because the individual 

will have exhausted First-Tier EUC08 after 

Tuesday, March 31, 2009, and there can be 

no augmentation of his/her EUC08 account. 

Example 2: An individual exhausts FirstTier EUC08 on Saturday, March 14, 2009. 

This individual may qualify for a SecondTier of EUC08 (if otherwise eligible) if an 

EUC08 Second-Tier period is either in effect 

or the state subsequently triggers ‘‘on’’ (even 

if that period triggers ‘‘on’’ after March 31, 

2009), because the First-Tier benefits were 

exhausted on or prior to Tuesday, March 31, 

2009. 

As with First-Tier EUC08, the state 

may provide for the payment of all 

EUC08 (including Second-Tier EUC08) 

prior to the payment of extended 

unemployment compensation payable 

under the FSEUCA. 

3. Effective Date of Amendments. The 

expanded First-Tier EUC08, and the 

newly added Second-Tier EUC08 

benefits, are payable only with respect 

to weeks of unemployment beginning 

on or after the enactment of Public Law 

110–449 Thus, there is no provision for 

payment of these expanded EUC08 

benefits for weeks of unemployment 

occurring prior to the enactment on 

Friday, November 21, 2008. 

Example: An individual exhausts his/her 

original EUC08 entitlement on Saturday, 

September 6, 2008, and the Extension Act is 

enacted on Friday, November 21, 2008. The 

first potentially payable week for the 

expanded EUC08 benefits would be for the 

week beginning Sunday, November 23, 2008. 

In New York, where the week begins on 

Monday, the first potentially payable week is 

Monday, November 24, 2008. Those states 

with a variable start date, the first potentially 

payable week would begin no earlier than the 

week beginning Friday, November 21, 2008. 

4. Ending Date of the EUC08 Program. 

Under the Extension Act, an individual 

having amounts remaining in his/her 

EUC08 account as of the last day of the 

last week of unemployment (as 

determined under state law) ending on 

or before Tuesday, March 31, 2009, may 

collect the remaining First-Tier or 

Second-Tier balance in subsequent 

weeks, if otherwise eligible, until the 

EUC08 program terminates. Under the 

Extension Act, no EUC08 is payable for 

any week beginning after Thursday, 

August 27, 2009. 

Reporting Instructions 

4. General. EUC08 reporting 

instructions are unchanged except as 

described below. States should continue 

to report First Tier activity as they have 

done previously. The first report on 

Second Tier activity for December 2008 

will be transmitted on the ETA 5159 by 

states in mid-January 2009. 

5. ETA 5159. Claims and payment 

activities for the First-Tier, which now 

allows up to 20 weeks of benefits, will 

continue to be reported as they were 

previously, except as indicated below. 

Claims and payment activities for the 

Second-Tier, which allows up to 13 

additional weeks in those states 

triggered ‘‘on’’ to an EUC08 Second Tier 

period, will be reported separately in a 

new section C of the report. 

a. First-Tier. Report final payments on 

line 303 as the number of claimants 

issued a payment that exhausts the 

benefit entitlement in the First-Tier of 

their EUC08 account, including the 

additional entitlement provided in the 

new law. Reports submitted previously 

should be revised to reflect that 

claimants who have their accounts 

increased with the additional 

entitlement and were previously 

reported as receiving final payments did 

not, in fact, receive final payments. 

b. Second-Tier. A new Section C, 

which mirrors Section B, has been 

added to the report. Only data for 

claimants who qualified for the SecondTier should be included in this section. 

Weeks compensated will be reported in 

columns 23–27 of line 401; benefits paid 

in columns 23–27 of line 402, and first 

and final payments in columns 28–33 of 

line 403. First payments will represent 

the number of claimants who had their 

benefits augmented and received at least 

one Second-Tier payment. Report final 

payments as the number of claimants 

issued a payment that exhausts the 

benefit entitlement to the Second-Tier of 

their EUC08 account. 

3. ETA 539. Total weeks claimed for 

regular UC, UCFE, and UCX for the two 

tiers of the EUC08 program for the 

report period will be reported separately 

in the comments section and labeled as 

‘‘EUC08 First-Tier’’ and ‘‘EUC08 

Second-Tier’’ followed by the number. 

For example: ‘‘EUC08 First-Tier = 239, 

EUC08 Second-Tier = 186’’. (The agent 

weeks claimed information needed for 

this report will be obtained from the 

LADT identified in field 28 as ‘‘code 2’’, 

Federal Benefit Extension.) 

4. UI–3 Worksheet. States will report 

on line 12, labeled ‘‘Monetary 

Redeterminations,’’ the count of 

redeterminations conducted when a 

claimant’s account is increased for the 

additional First-Tier entitlement or 

augmented for the Second-Tier 

entitlement. 

5. OMB Approval. These reports each 

bear their own OMB control numbers, 


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estimated burden hours and expiration 

dates indicating that they are valid 

collections. Modifications to the ETA 

5159 have been submitted to OMB for 

expedited clearance and approval. 

Attachment B to UIPL No. 23–08, 

Change 2 

Text of the Unemployment 

Compensation Extension Act of 2008 

An Act 

To provide for additional emergency 

unemployment compensation. 

Be it enacted by the Senate and House 

of Representatives of the United States 

of America in Congress assembled, 

Section 1. Short Title 

This Act may be cited as the 

‘‘Unemployment Compensation 

Extension Act of 2008’’. 

Sec. 2. Additional First-Tier Benefits 

Section 4002(b)(1) of the 

Supplemental Appropriations Act, 2008 

(26 U.S.C. 3304 note) is amended— 

(1) In subparagraph (A), by striking 

‘‘50’’ and inserting ‘‘80’’; and 

(2) In subparagraph (B), by striking 

‘‘13’’ and inserting ‘‘20’’. 

Sec. 3. Second-Tier Benefits 

Section 4002 of the Supplemental 

Appropriations Act, 2008 (26 U.S.C. 

3304 note) is amended by adding at the 

end the following: 

(c) Special Rule— 

(1) In General—If, at the time that the 

amount established in an individual’s 

account under subsection (b)(1) is 

exhausted or at any time thereafter, such 

individual’s State is in an extended 

benefit period (as determined under 

paragraph (2)), such account shall be 

augmented by an amount equal to the 

lesser of— 

(A) 50 percent of the total amount of 

regular compensation (including 

dependents’ allowances) payable to the 

individual during the individual’s 

benefit year under the State law, or 

(B) 13 times the individual’s average 

weekly benefit amount (as determined 

under subsection (b)(2)) for the benefit 

year. 

(2) Extended Benefit Period—For 

purposes of paragraph (1), a State shall 

be considered to be in an extended 

benefit period, as of any given time, if— 

(A) Such a period is then in effect for 

such State under the Federal-State 

Extended Unemployment Compensation 

Act of 1970; 

(B) Such a period would then be in 

effect for such State under such Act if 

section 203(d) of such Act— 

(i) Were applied by substituting ‘‘4’’ 

for ‘‘5’’ each place it appears; and 

(ii) Did not include the requirement 

under paragraph (1)(A) thereof; or 

(C) Such a period would then be in 

effect for such State under such Act if— 

(i) Section 203(f) of such Act were 

applied to such State (regardless of 

whether the State by law had provided 

for such application); and 

(ii) Such section 203(f)— 

(I) Were applied by substituting ‘‘6.0’’ 

for ‘‘6.5’’ in paragraph (1)(A)(i) thereof; 

and 

(II) Did not include the requirement 

under paragraph (1)(A)(ii) thereof. 

(3) Limitation—The account of an 

individual may be augmented not more 

than once under this subsection. 

Sec. 4. Phaseout Provisions 

Section 4007(b) of the Supplemental 

Appropriations Act, 2008 (26 U.S.C. 

3304 note) is amended— 

(1) In paragraph (1), by striking 

‘‘paragraph (2),’’ and inserting 

‘‘paragraphs (2) and (3),’’; and 

(2) By striking paragraph (2) and 

inserting the following: 

(2) No Augmentation after March 31, 

2009—If the amount established in an 

individual’s account under subsection 

(b)(1) is exhausted after March 31, 2009, 

then section 4002(c) shall not apply and 

such account shall not be augmented 

under such section, regardless of 

whether such individual’s State is in an 

extended benefit period (as determined 

under paragraph (2) of such section). 

(3) Termination—No compensation 

under this title shall be payable for any 

week beginning after August 27, 2009. 

Sec. 5. Temporary Federal Matching for 

the First Week of Extended Benefits for 

States With No Waiting Week 

With respect to weeks of 

unemployment beginning after the date 

of the enactment of this Act and ending 

on or before December 8, 2009, 

subparagraph (B) of section 204(a)(2) of 

the Federal-State Extended 

Unemployment Compensation Act of 

1970 (26 U.S.C. 3304 note) shall not 

apply. 

Sec. 6. Effective Date 

(a) In General—The amendments 

made by sections 2, 3, and 4 shall apply 

as if included in the enactment of the 

Supplemental Appropriations Act, 

2008, subject to subsection (b). 

(b) Additional Benefits—In applying 

the amendments made by sections 2 and 

3, any additional emergency 

unemployment compensation made 

payable by such amendments (which 

would not otherwise have been payable 

if such amendments had not been 

enacted) shall be payable only with 

respect to any week of unemployment 

beginning on or after the date of the 

enactment of this Act. 

Emergency Unemployment 

Compensation, 2008—Questions and 

Answers 

1. Purpose. To respond to questions 

from states about the expansion of the 

Emergency Unemployment 

Compensation, 2008 (EUC08) program. 

2. References. The Unemployment 

Compensation Extension Act, Public 

Law 110–449, enacted November 21, 

2008; Supplemental Appropriations 

Act, 2008, Title IV–Emergency 

Unemployment Compensation, Public 

Law 110–252, enacted June 30, 2008; 

Unemployment Insurance Program 

Letter (UIPL) No. 23–08, and Change 1 

and Change 2. 

3. Background. Public Law 110–449 

(the Extension Act) amends Public Law 

110–252 (the EUC08 Act) to provide up 

to 20 weeks of 100 percent federallyfunded unemployment compensation to 

eligible individuals in all states. It also 

expands the EUC08 program by 

providing a Second-Tier of 100 percent 

federally-funded benefits of up to 13 

weeks for eligible individuals in those 

states with ‘‘high unemployment’’ as 

defined in the Extension Act. 

These expanded EUC08 benefits are 

available only for weeks of 

unemployment beginning on or after the 

date of enactment, which is November 

21, 2008. Although these amendments 

do not change the date for establishing 

initial eligibility for EUC08, they do 

extend the program’s termination date. 

Under the new termination date, no 

EUC08 payments may be made for any 

week of unemployment beginning after 

August 27, 2009. Attached is ‘‘Questions 

and Answers on the EUC08 Extension 

Act.’’ 

4. Interpretation. The information in 

this document is issued to the states and 

cooperating state agencies as guidance 

provided by the Department of Labor in 

its role as the principal in the EUC08 

program. As agents of the United States, 

the states and cooperating state agencies 

may not deviate from this guidance 

without the prior approval of the 

Department. To the extent that the 

guidance provided in UIPL No. 23–08; 

and Change 1 and Change 2 is 

inconsistent with this UIPL, such 

guidance is superseded. 

5. Action Requested. Administrators 

are to provide this information and 

instructions to the appropriate staff. 

6. Inquiries. Direct questions to the 

appropriate Regional Office. 

7. Attachment. Questions and 

Answers on the EUC08 Extension Act. 


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Attachment to UIPL 23–08 Change 3 

Questions and Answers on the EUC08 

Extension Act 

A. Notification of Potential Eligibility for 

EUC08 and Recalculating Entitlement 

1. Question: What are the minimum 

requirements concerning notification 

and recalculation of First-Tier EUC08? 

Answer: States must: (1) Notify both 

individuals who have exhausted their 

initial EUC08 entitlement (of up to 13 

weeks) and those in a continued-claim 

filing status of the availability of 

expanded First-Tier EUC08 benefits; (2) 

recalculate First-Tier EUC08 entitlement 

when the individual next files a 

continued claim for EUC08; and (3) 

ensure public knowledge of the 

expansion of the EUC08 program, by 

notifying appropriate news media 

having coverage throughout the state. 

2. Question: If states want to do more 

than the minimum requirements listed 

above, for example, recalculate all 

EUC08 claims at one time and notify all 

individuals of the new entitlement, is 

this allowable? 

Answer: Yes. 

B. First-Tier EUC08 

1. Question: Are there instances when 

individuals may be paid expanded FirstTier EUC08 for weeks of unemployment 

prior to the effective date of the 

Extension Act? 

Answer: No. EUC08 is payable only 

for weeks of unemployment beginning 

after the date of enactment of the 

Extension Act, which is November 21, 

2008. 

2. Question: A recalculated EUC08 

entitlement results in an uneven dollar 

figure. How should these situations be 

handled? 

Answer: When the calculation is not 

an even dollar figure, a state will round 

either up or down according to its law. 

3. Question: A recalculated EUC08 

entitlement results in a final payment 

less than the full average weekly benefit 

amount. How should these situations be 

handled? 

Answer: When the available balance 

is less than the full weekly benefit 

amount (e.g., the available balance is 

$200; the weekly benefit amount is 

$275), the state will pay at most only the 

available balance ($200), provided the 

state is not in a Second-Tier period (see 

Question #6 below under C. SecondTier EUC08). 

C. Second-Tier EUC08 

1. Question: UIPL No. 23–08, Change 

2, says that an individual qualifies for 

the ‘‘phase-out’’ only if the individual 

has an account balance as of March 31, 

2009. The UIPL also provides that, if an 

individual exhausts First-Tier EUC08 on 

or before March 31, 2009, the individual 

may establish eligibility for Second-Tier 

EUC08 if the state enters a Second-Tier 

period after March 31, 2009. Please 

clarify. 

Answer: Paragraph (1) of Section 

4007(b) of the amended EUC08 Act 

provides for the continued collection of 

an ‘‘unexhausted’’ EUC08 account after 

March 31, 2009. Thus, an individual 

having an account balance as of that 

date qualifies for the ‘‘phase-out’’ by 

being permitted to collect that balance 

after that date. Paragraph (2) of that 

Section extends paragraph (1) by further 

permitting an individual, who 

exhausted his/her EUC08 account on or 

before March 31, 2009, to receive a 

Second-Tier augmentation after that 

date. 

2. Question: How is the individual’s 

EUC08 Second-Tier entitlement affected 

when the state triggers ‘‘off’’ an EUC08 

Second-Tier period? 

Answer: Triggering ‘‘off’’ does not 

affect the individual’s remaining Second 

Tier entitlement. The EUC08 Act, as 

amended, does not provide for reducing 

or terminating payment of the 

augmented amount because the state 

subsequently triggers ‘‘off.’’ 

3. Question: Is it possible to trigger 

‘‘on’’ an EUC08 Second-Tier period 

prior to the enactment of the Extension 

Act? If ‘‘yes,’’ what is the significance of 

this? 

Answer: Yes, because the Extension 

Act provides that its amendments are to 

be treated ‘‘as if included in the 

enactment of’’ the original EUC08 Act. 

As a result, the ‘‘beginning’’ date of a 

Second-Tier period may be as early as 

the date the EUC08 program began. An 

EUC08 Second-Tier period must last at 

least 13 weeks. Thus, the date a SecondTier period begins may affect the date it 

ends. 

Note: Second-Tier EUC08 payments, 

however, shall not begin prior to enactment 

of the Extension Act, and the individual must 

have exhausted First-Tier EUC08 on the 

EUC08 account prior to augmentation. 

4. Question: When does an individual 

qualify for EUC08 Second-Tier? 

Answer: An individual will qualify 

for EUC08 Second Tier augmentation if 

the individual exhausts First-Tier 

EUC08 on or before March 31, 2009, and 

before or during an EUC08 Second-Tier 

period in the state. An individual who 

exhausts First-Tier EUC08 following the 

end of an EUC08 Second-Tier period 

will not be eligible for Second-Tier 

EUC08 unless the state again triggers 

‘‘on’’ an EUC08 Second-Tier period. 

Note: See Section 2 under ‘‘Operating 

Instructions’’ of Attachment A of UIPL 23– 

08, Change 2. 

5. Question: May a state augment an 

individual’s EUC08 account with 

Second-Tier benefits as soon as the state 

enters into an EUC08 Second-Tier 

period? 

Answer: No. The state may only 

augment an individual’s EUC08 account 

with Second-Tier benefits after the 

individual exhausts First-Tier EUC08 

benefits and only if that exhaustion 

occurs during or before an EUC08 

Second-Tier period and on or before 

March 31, 2009. 

6. Question: When the amount 

remaining in an individual’s First-Tier 

EUC08 account is less than the full 

weekly benefit amount and the state is 

in a Second-Tier period, is Second-Tier 

EUC08 payable for the same week? 

Answer: Yes, Second-Tier EUC08 is 

payable for the same week, the week of 

exhaustion. Second-Tier EUC08 will 

augment the EUC08 account to allow for 

the payment of an amount equal to the 

original weekly benefit amount. 

7. Question: What is the last date a 

claim may be augmented? 

Answer: For most states, the week 

beginning August 23, 2009, would be 

the last week that a claim could be 

augmented. In such a state an 

individual’s last week of potential 

eligibility would be the week ending 

August 29, 2009. 

D. Multiple EUC08 Claims and Order of 

Payment 

1. Question: An individual 

established two First-Tier EUC08 claims 

prior to the enactment of the Extension 

Act. Is the EUC08 account for each 

claim eligible to be increased to up to 

20 weeks? 

Answer: Yes. 

2. Question: If there are two EUC08 

claims, which one should be paid the 

enhanced First-Tier benefits first? 

Answer: The oldest (first) EUC08 

claim. (See Question and Answer D.7. in 

the Attachment to UIPL 23–08, Change 

1.) 

3. Question: Is it necessary to 

immediately recalculate the account of 

each EUC08 claim? 

Answer: No. The state must 

immediately recalculate entitlement on 

the claim that will be paid first. 

Recalculation of the entitlement on any 

other EUC08 claim need not occur until 

all entitlement is exhausted on the 

EUC08 claim paid first, and the 

claimant files against the other claim. 

4. Question: An individual has 

exhausted two First-Tier EUC08 claims. 

The state is subsequently in an EUC08 

Second-Tier period and both accounts 

are eligible for augmentation. How is 

this situation handled? 


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Answer: The state will augment the 

oldest (first) EUC08 claim. After this 

augmented amount on the claim is 

exhausted, the state will augment and 

pay EUC08 on the other claim, if the 

claimant continues to have compensable 

unemployment and meets all other 

eligibility conditions, such as being able 

and available. 

5. Question: An individual exhausts a 

First-Tier EUC08 claim during an 

EUC08 Second-Tier period. The 

individual has First-Tier entitlement on 

another claim. How is this situation 

handled? 

Answer: The state will augment the 

oldest (first) EUC08 claim with SecondTier benefits. After this augmented 

amount is exhausted, the state will pay 

any remaining First-Tier entitlement, 

including any enhanced First-Tier 

entitlement, on the other claim, if the 

claimant is otherwise eligible. If, when 

this remaining First-Tier entitlement is 

exhausted, or anytime thereafter within 

the statutory timeframe, the state is in 

an EUC08 Second-Tier period, the state 

will augment the account and pay 

benefits on this claim, if the claimant is 

otherwise eligible. 

E. Interstate Claims for EUC08 

1. Question: Under the permanent 

Federal-State Extended Benefit (EB) 

program an individual who files an 

interstate claim from a state that is not 

triggered ‘‘on’’ EB is limited to two 

weeks of EB. Does this same limitation 

apply to Second-Tier EUC08? 

Answer: No. The ‘‘two-week’’ 

limitation of the permanent EB program 

does not apply to EUC08. Eligible 

individuals filing against a state that 

triggered ‘‘on’’ an EUC08 Second-Tier 

period may receive up to 13 weeks of 

Second-Tier EUC08. 

Note: An individual who resides in a state 

that is triggered ‘‘on’’ but who is filing 

against a state that is not triggered ‘‘on’’ is not 

entitled to Second-Tier EUC08. This is 

because the individual’s entitlement is 

determined under the applicable state law, 

that is, the law of the state with respect to 

which the individual is an exhaustee for 

EUC08 purposes. 

F. Reporting Requirements for EUC08 

1. Question: Are all Second-Tier 

augmentations counted as ‘‘monetary 

redeterminations?’’ 

Answer: Yes. All augmentations are 

counted as monetary redeterminations. 

Activities related to the recalculation of 

First-Tier EUC08 and augmentation of 

Second-Tier EUC08, do not meet the 

definition under ET Handbook No. 401 

for an initial, additional, or a 

transitional claim. States will receive 

credit for monetary redetermination 

activity on the UI–3. 

Note: An additional claim should be taken 

in connection with recalculation of EUC08 

entitlement if the individual had intervening 

employment since filing his/her last claim. 

2. Question: Must states track three 

different EUC08 activities: EUC08 (first 

13 weeks), expanded First Tier EUC08, 

and Second-Tier EUC08? 

Answer: States are required to report 

only First-Tier and Second-Tier EUC08 

activities. In addition, states must revise 

previous reports of final payments, once 

redeterminations have been made, for 

prior EUC08 exhaustees on the EUC08- 

specific ETA 5159. States will resubmit 

Section B of the EUC08-specific ETA 

5159 for claimants who were reported as 

exhaustees and who are no longer 

exhaustees because their First-Tier 

EUC08 accounts are recalculated. All 

First-Tier EUC08 activities are aggregate. 

For those states reporting Second-Tier 

EUC08 activity, they will report 

payment activities, first pays and final 

pays in the new Section C of the EUC08- 

specific ETA 5159. 

Note: See Item 2.a. under Reporting 

Instructions in Attachment A of UIPL 23–08, 

Change 2. 

3. Question: Are there separate time 

charges required for First-Tier and 

Second-Tier EUC08? 

Answer: No, separate time charges are 

not required. The administrative 

funding and reporting of financial data 

will be for the entire EUC08 program. 

4. Question: Is there a date by which 

states are required to revise the ETA 

5159 to back out the final payment 

numbers for EUC08 claims that are 

recalculated to redetermine the First 

Tier balance? 

Answer: States are expected to revise 

their prior reports and submit them with 

their December 2008 ETA 5159 Report. 

Additional revisions to these reports are 

to be made on an ongoing basis, as 

needed. Many states may be able to 

simply re-run reports for prior quarters 

after the redeterminations are made. 

Other states may need to count 

transactions and back them out from 

pre-existing totals. 

5. Question: How should states report 

Second-Tier EUC08 on the Liable Agent 

Data Transfer (LADT)? 

Answer: The expanded reporting 

(Section C) on the ETA 5159 does not 

include any data elements that break out 

reporting for Interstate Claims or for 

First- and Second-Tier EUC08. States 

should report aggregate interstate claims 

activity for both First- and Second-Tier 

EUC08 in the same manner as states 

have been reporting for the LADT and 

unemployment insurance required 

reports. 

Signed at Washington, DC, this 23rd day of 

January 2009. 

Douglas F. Small, 

Deputy Assistant Secretary, Employment and 

Training Administration, U.S. Department of 

Labor. 

[FR Doc. E9–2533 Filed 2–5–09; 8:45 am] 

BILLING CODE 4510–FW–P 

NATIONAL SCIENCE FOUNDATION 

Proposal Review Panel for Physics; 

Notice of Meeting 

In accordance with the Federal 

Advisory Committee Act (Pub. L. 92– 

463, as amended), the National Science 

Foundation announces the following 

meeting. 

Name: LIGO Science Education Center 

Partnership (SUBR), Proposal Review Panel 

for Physics, #1208. 

Date and Time: Thursday, February 19, 

2009; 8:30 a.m.–5:30 p.m. 

Friday, February 20, 2009; 8 a.m.–4 p.m. 

Place: Southern University of Baton Rouge, 

Louisiana and LIGO Livingston, Louisiana. 

Type of Meeting: Partially Closed. 

Contact Person: Kathleen McCloud, 

Program Director, Division of Physic, 

National Science Foundation (703) 292–8236. 

Purpose of Meeting: To provide an 

evaluation concerning the proposal 

submitted to the National Science 

Foundation. 

Tentative Agenda 

Thursday, February 19, 2009 

8:30 a.m.–11 a.m. Closed—Executive 

Session, Overview by LIGO–SUBR staff. 

11 a.m.–1:30 p.m. Open—tour of LIGO 

Education Center and Lunch. 

1:30 p.m.–2 p.m. Travel to SUBR. 

2:30 p.m.–5:30 p.m. Closed—Executive 

Session. 

Friday, February 20, 2009 

8 a.m.–9 a.m. Closed—Executive Session. 

9 a.m.–10:30 a.m. Open—tour of SUBR 

facilities. 

11 a.m.–4 p.m. Closed—Executive Session 

with LIGO and SUBR, Close out. 

Reason for Closing: The proposal contains 

proprietary or confidential material, 

including technical information on 

personnel. These matters are exempt under 5 

U.S.C. 552b(c)(2)(4) and (6) of the 

Government in the Sunshine Act. 

Dated: February 3, 2009. 

Susanne Bolton, 

Committee Management Officer. 

[FR Doc. E9–2532 Filed 2–5–09; 8:45 am] 

BILLING CODE 7555–01–P 


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