An Act To Provide Additional Unemployment Benefits and Make Statutory Revisions in Accordance with the American Recovery and Reinvestment Act of 2009
Maine Legislature, Session 124, LD 1454
Committee: Labor
Sponsors: MITCHELL, PINGREE, BARTLETT, COURTNEY, MARRACHE, RA YE, BERRY, CURTIS, TARDY
Amends: 26 MRSA §1193

FIRST R-E~ULAR SESSION-2009 
Legislative Document 
No. 1454 
S.P.541 
In Senate, April 9, 2009 
An Act To Provide Additional Unemployment Benefits and Make 
Statutory Revisions in Accordance with the American Recovery and 
Reinvestment Act of 2009 
(EMERGENCY) 
Reference to the Committee on Labor suggested and oraered printed. 
9tg(J~ 
JOY 1. O'BRIEN 
Secretary of the Senate 
Presented by President MITCHELL of Kennebec. (GOVERNOR'S BILL) 
Cosponsored by Speaker PINGREE of North Haven and 
Senators: BARTLETT of Cumberland, COURTNEY of York, MARRACHE of Kennebec, 
RA YE of Washington: Representatives: BERRY of Bowdoinham, CURTIS of Madison, 
PI OTT I of Unity, TARDY of Newport. 
Printed un rl!l:~"Ch::d paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, there is 11 federal option that permits the Stateis long-term unemployed 
workers to qualify for either 13 or 20 weeks of additional unemployment benefits during 
... periods of high unemployment; and 
Whereas, effective February 17, 2009, the American Recovery and Reinvestment 
Act of 2009, Public Law 111-5 made changes to the laws governing extended benefits in 
the unemployment compensation program, under which this option ·exists, such that in 
most cases, 100% of the benefits paid out under this program would be paid by the 
federal government for weeks of unemployment beginning after February 17, 2009 and 
before January 1, 2010; and 
Whereas, it· is likely that as many as 9,900 unemployed workers of the State would 
benefit from extended benefits in the unemployment compensation program if the federal 
option were temporarily adopted by the State; and 
Whereas, in addition, a change must be made to the Maine Revised Statutes, Title 
26, section 1193, subsection 1 in order for this State to meet the provisions of the 
American Recovery and Reinvestment Act of 2009, Public Law 111-5, Section 2003 
pertaining to special transfers for unemploymeilt compensation modernization; and 
19--------Whereas, inthejudgment of the Legislature,-these facts create an emergency within 
the .. meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 26 MRSA §1193, sub-§l, ';fA, as amended by PL 2003, c. 28, § 1, is 
further amended to read: 
A. 
For the week in which the claimant left regular employment voluntarily without 
good cause attributable to that employment. The disqualification continu'es until the 
claimant has earned 4 times the claimant's weekly benefit amount in employment by 
an employer. A claimant may not be disqualified under this paragraph if: 
(1) The leaving was caused by the illness or d isabil ity of the claimant or an 
immediate family member and the claimant took all reasonable precautions to 
protect the claimant's employment status by promptly notifying the employer of 
the reasons for the absence and by promptly requesting reemployment when 
again able to resume employment need for time off, a change or reduction in 
hours or a shift change and being advised by the employer that the time off or 
change or reduction in hours or shift change cannot or will not be accommodated; 
(2) 
The leaving was necessary to accompany, follow or join the claimant's 
spouse in a new place of residence and the claimant can clearly sho'"" within 14 
9 
days of arrival at the nev,' nlace of residence an attachment to the nev,' labor 
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. market, and the claimant is in all respects able, available and actively seeking 
suitable work; 
(3) The leaving was in good faith in order to accept new employment on a 
permanent full-time basis and the new employment d.id not materialize for 
reasons attributable to the new employing unit; 
(4) The leaving was necessary to protect the claimant or any member of the 
claimant's immediate family from domestic abuse or the leaving was due to 
domestic violence that caused the claimant reasonably to believe' that the 
claimant's continued employment would jeopardize the safety of the claimant or 
any member of the claimant's immediate family and the claimant made all 
reasonable efforts to preserve the employment; or 
(5) The claimant!s employer announced'in writing to employees that it planned 
to reduce the work force through a layoff or reduction in force and that 
employees may offer to be among those included in the layoff or reduction in 
force, at which time the claimant offered to be one of the employees included in 
the layoff or reduction in force and the claimant's employer accepted the 
claimant's offer, thereby ending the employment relationship. 
Separation fi'om 
employment based on the compelling family reasons in 
subparagraphs 1, 2 and 4 does not result in 'disqualification. 
Sec. 2. Alternative trigger. In addition to the conditions provided in the Maine 
Revised Statutes, Title 26, section 1195, there is a state "on" indicator for a week in the 
period from February 17, 2009 until the week ending December 12, 2009 or until the 
week ending 3 weeks prior to the last week for which federal sharing is authorized by the 
American Recovery and Reinvestment Act of 2009, Public Law 111-5, Section 2005(a), 
whichever is later, if: 
1. 
The average rate of seasonally adjusted total unemployment in this State, as 
determined by the United States Secretary of Labor, for the period consisting of the most 
recent 3 months for which data for all states are published before the close of that week 
equals or exceeds 6.5%; and 
2. 
The average rate of seasonally adjusted total unemployment in this State, as 
determined by the United States Secretary of Labor, for the 3-month period referred to in 
subsection 1 equals or exceeds 110% of the average rate for either or both of the 
corresponding 3-month periods ending in the 2 preceding calendar years. 
Sec. 3. Total extended benefit amount. For the period from February 17,2009 
until !he week ending December 12, 2009 or until the week ending 3 weeks prior to the 
last week for which federal sharing is authorized by the American Recovery and 
Reinvestment Act of 2009, Public Law 111-5, Section 2005(a), whichever is later, and 
effective with respect to weeks beginning in a high unemployment period, the total 
extended benefit amount payable to any eligible individual with respect to the applicable 
benefit year is the least of the following amounts: 
f>ag~ :2 - IZ4LR 1958(0 1 )-I 
1. Eighty percent of the total amount of regular benefits that were payable to the 
ind ividual under the Maine Revised Statutes, Title 26, chapter 13 in. the appl icable benetit 
year; 
2. Twenty times the weekly benefit amount that was payable to the individual under 
Title 26, chapter 13 for a week of total unemployment in the applicable benefit year; and 
3. Forty-six times the weekly benefit amount that was payable to the individual 
under Title 26, chapter 13 for a week of total unemployment in the applicable benefit 
year, reduced by the total amount of regular benefits that were paid, or deemed p~lid, to 
the individual under Title 26, chapter 13 with respect to the benefit year. 
. 
For purposes of this section, "high unemployment period" means any period during 
which an extended benefit period would be in effect if section 1 of this Act were applied 
with an average seasonally adjusted unemployment rate of 8% instead of6.5%. 
Sec. 4. Definitions. In addition to the definition of "exhaustee" in the Maine 
Revised Statutes, Title 26, section 1195, subsection 1, paragraph A, in the context of the 
extended benefits in the unemploymeryt compensation program provided by this Act, 
"exhaustee" means an individual who, with respect to any week of unemployment in that 
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individual's eligibility period, has received, prior to such week, all of the federal 
emergency unemployment compensation' 2008 benefits that were available to that 
individual. 
Sec. 5. 
Eligibility period. 
In the context of the extended benefits in the 
unemployment program provided by this Act, "eligibility period" of an individual means 
the period consisting of the weeks in the individual's benefit year or a period in which the 
individual 
is 
collecting 
benefits 
under the 
federal 
emergency unemployment 
compensation 2008 program that begins in an extended benefit period and, if the 
individual's benefit year or period of benefit collection under the federal emergency' 
unemployment compensation 2008 program ends within such extended benefit period, 
any weeks thereafter that begin in ,such period. 
Sec. 6. Fund. The Commissioner of Administrative and Financial Services shall 
establish, within the Department of Administrative and Financial Services, the 
Emergericy Unemployment Benefit Reimbursement Fund, referred to in this section as 
"the fund." 
The fund must be used to reimburse eligible employers for the cost of 
. extended benefits paid on their behalf from the Unemployment Compensation Fund 
under the Maine Revised Statutes, Title 26, section 1141 as a result of the triggering of 
the "on" indicator provided in this Act. 
To obtain reimbursement from the fund, an employer must demonstrate to the 
administrator of the fund that the employer has paid its bill to the l)nemployment 
Compensation Fund for the benefits and that the benefits paid were attributable to this 
"on" indicator. 
If amounts in the fund are not sufficient to cover the total cost of the extended 
benefits under this Act, the Commissioner of Administrative and Financial Services, on 
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behalf of the Governor, shall submit a budget request to the Second Regular Session of 
the I 24th Legislature .. 
For purposes of this section, a school administrative ·unit as defined in the Maine 
Revised_Statutes, Title 20~A, section I, subsection 26 is not an eligible employer. 
Sec. 1. Retroactivity. Sections 2 to 5 of this Act apply retroactively to February 
17,2009. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the Maine Revised Statutes, Title 26, section 1193, subsection I, 
II 
paragraph A, which governs unemployment benefit disqualification exceptions for 
voluntarily leaving one's job, in order to meet the unemployment insurance 
modernization provision requirements under the American Recovery and Reinvestment 
Act of 2009, Public Law 111-5, Section 2003, and ensure that the State qualifies for 
IS 
receiving the maximum incentive payment allowable to the State under the federal 
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recovery legislation. 
It also temporarily adds an alternative methodology for determining when extended 
unemployment benefits are paid. Using the seasonally adjusted total unemployment rate 
methodology for determining when extended unemployment benefits are payabJe 
increases the likelihood that these benefits will become available for unemployed workers 
during the current period of economic downturn. 
The addition of the alternative 
methodology remains in effect for weeks of unemployment that begin after February 17, 
2009 until the week ending December 12, 2009 or until the week ending 3 weeks prior to 
the last week· for which federal sharing is authorized by the American Recovery and 
Reinvestment Act of 2009, Public Law 111-5, Section 2005(a), whichever is later. 
During this period, a temporary change made under the American Recovery and 
Reinvestment Act of 2009, Public Law 111-5 provides that the cost of all extended 
benefits in the unemployment compensation program will be paid 100% in most cases by 
the Federal Government.