V.I. Code tit. 24, § 315 (2019)
2019 US Virgin Islands Code|Title 24 - Labor|Chapter 12 - Virgin Islands Unemployment Insurance|§ 315. Extended benefits program

 (a) As used in this section, unless the context clearly requires otherwise— (1) “Extended benefit period” means a period which (A) begins with the third week after a week for which there is a Virgin Islands “on” indicator; and (B) ends with either of the following weeks, whichever occurs later: (i) the third week after the first week for which there is a Virgin Islands “off” indicator; or (ii) the thirteenth consecutive week of such period; Provided, That no extended benefit period may begin by reason of a Virgin Islands “on” indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to the Virgin Islands. (2) There is a Virgin Islands “on” indicator for a week if the Commissioner determines, in accordance with the regulations prescribed by the U.S. Secretary of Labor, that for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment under this chapter— (A) equaled or exceeded 120 per centum of the average of such rates for the corresponding 13-week period ending in each of the preceding two calendar years; and (B) equaled or exceeded 5 per centum; provided, the determination of whether there has been a Virgin Islands “on” indicator beginning any extended benefit period shall be made under this subsection as if (i) paragraph (2) did not contain subparagraph (A) thereof, and (ii) the figure “5” contained in subparagraph (B) thereof were “6” except that, notwithstanding any such provision of this subsection, any week for which there would otherwise be a Virgin Islands “on” indicator shall continue to be such a week and shall not be determined to be a week for which there is a Virgin Islands “off” indicator. (3) There is a Virgin Islands “off” indicator for a week if the Commissioner determines, in accordance with the regulations prescribed by the U.S. Secretary of Labor, that for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment under this chapter— (A) was less than 6 per centum and was less than 120 per centum of the average of such rates for the corresponding 13-week period ending in each of the preceding two calendar years, or (B) was less than 5 per centum. (4) “Rate of insured unemployment”, for the purpose of paragraphs (4) and (5) of this subsection, means for a 13-week period referred to therein the percentage derived by dividing (A) the average weekly number of individuals filing claims for regular compensation under this chapter with respect to such 13-week period, as determined by the Commissioner of Labor on the basis of his reports to the United States Secretary of Labor, by (B) the average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the close of the 13-week period referred to in paragraphs (4) and (5) of this subsection. (5) “Regular benefits” means benefits payable to an individual under this chapter or under any other State law (including benefits payable to Federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than additional and extended benefits. (6) “Additional benefits” means benefits totally financed by a State and payable under a State law to exhaustees by reason of conditions of high unemployment or by reason of other special factors, such as an exhaustee's being in training with the approval of the State agency. (7) “Extended benefits” means benefits (including benefits payable to Federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to an individual under the provisions of this section for weeks of unemployment in his eligibility period. (8) “Eligibility period” of an individual means the period consisting of the weeks in his benefit year which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period. (9) “Exhaustee” means an individual who, with respect to any week of unemployment in his eligibility period: (A) has received, prior to such week, all of the regular benefits that were payable to him under this title or any other State law (including dependents' allowances and regular benefits payable to Federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85) for his benefit year that includes such week; or (B) has received, prior to such week, all of the regular benefits that were available to him under this title or any other State law (including dependents' allowances and regular benefits available to Federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85) in his benefit year that includes such week, after the cancellation of some or all of his wage credits or the total or partial reduction of his right to regular benefits; Provided, that, for the purposes of subparagraphs (A) and (B), an individual shall be deemed to have received in his applicable benefit year all of the regular benefits that were payable to him, or available to him, as the case may be, even though (i) as a result of a pending appeal with respect to wages or employment, or both, that were not included in the original monetary determination with respect to such benefit year, he may subsequently be determined to be entitled to more regular benefits; or (ii) by reason of the seasonal provisions of another State law, he is not entitled to regular benefits with respect to such week of unemployment (although he may be entitled to regular benefits with respect to future weeks of unemployment in the next season or off season, as the case may be, in such benefit year), and he is otherwise an exhaustee within the meaning of this section with respect to his right to regular benefits under such State law seasonal provisions during the season or off season in which that week of unemployment occurs; or (iii) having established a benefit year, no regular benefits are payable to him during such year because his wage credits were cancelled or his right to regular benefits was totally reduced as the result of the application of a disqualification; or (C) his benefit year having ended prior to such week, he has insufficient wages or employment, or both, on the basis of which he could establish in any State a new benefit year that would include such week, or having established a new benefit year that includes such week, he is precluded from receiving regular benefits by reason of the provision in section 303(f) which meets the requirements of section 3304(a)(7) of the Federal Unemployment Tax Act, or the similar provision in any other State law; and (D)  (i) has no right for such week to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act of 1962, and such other Federal laws as are specified in regulations issued by the U.S. Secretary of Labor; and (ii) has not received and is not seeking for such week unemployment benefits under the unemployment compensation law of Canada, unless the appropriate agency finally determines that he is not entitled to unemployment benefits under such law for such week. (E) The term “applicable benefit year” means, with respect to an individual, his current benefit year if at the time he files a claim for extended benefits he has an unexpired benefit year only in the state in which he files such claim or, in any other case, his most recent benefit year. For this purpose his most recent benefit year, if he has unexpired benefit years in more than one state when he files a claim for extended benefits, is the benefit year with the latest ending date, or, if such benefit years have the same ending date, the benefit year in which his latest continued claim for regular benefits was filed. (10) “State law” means the unemployment insurance law of any State, approved by the U.S. Secretary of Labor under section 3304 of the Internal Revenue Code of 1954. (b) Except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the Commissioner, the provisions of this chapter which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits. (c) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period only if the Commissioner finds that with respect to such week: (1) he is an “exhaustee” as defined in subsection (a)(9) of this section and, (2) he has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits. (3) Notwithstanding any other provision of this chapter, an individual shall be ineligible for payment of extended benefits for any week of unemployment in his eligibility period if the Commissioner of Labor finds that during such period he failed to accept any offer of suitable work as defined in paragraph (5) of this subsection or failed to apply for suitable work to which he was referred by the Employment Service or he failed to actively engage in seeking work as prescribed in paragraph (7) of this subsection. (4) Any individual who has been found ineligible for the payment of extended benefits by reason of the provisions in paragraph (3) of this subsection shall also be denied benefits beginning with the first day of the week following the week in which such failure occurred and until he has been employed in each of 4 subsequent weeks (whether or not consecutive) and has earned remuneration equal to no less than 4 times his extended weekly benefit amount. (5) For purposes of this subsection, the term “suitable work” means any work which is within such individual's capabilities. Provided, however, that no work shall be deemed suitable unless (i) the gross average weekly pay offered exceeds the individual's extended weekly benefit amount, plus the amount, if any, of supplemental unemployment benefits (as defined in Section 501(c)(17)(B) of the Internal Revenue Code of 1954) payable to such individual and (ii) the wages payable are equal to the higher of the minimum wage provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption; or the minimum wage as provided under Title 24, Virgin Islands Code, without regard to any exemption. No work shall be deemed suitable which does not accord with the labor standards provisions required by Section 3304(l)(5) of the Internal Revenue Code of 1954 and set forth herein in section 304(c)(1). (6) No individual shall be denied payment of extended benefits for failure to accept an offer of or to apply for employment which meets the definition of suitable work if (i) the position was not offered to such individual in writing or was not listed with the Employment Services; (ii) such failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants in section 304 of this title to the extent that the criteria of suitability in that section are not inconsistent with the provisions of paragraphs (5) and (6); (iii) the individual furnishes satisfactory evidence to the Commissioner of Labor that his or her prospects for obtaining work in his or her customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work for regular benefit claimants in section 304 of this title without regard to the definition specified by paragraphs (5) and (6). (7) An individual shall be considered to be actively seeking work during any week if (i) the individual has engaged in a systematic and sustained effort to obtain work during such week, and (ii) the individual furnishes tangible evidence that he has engaged in such effort during such week. (8) The Employment Service shall refer any claimant entitled to extended benefits under this code to any suitable work which meets the criteria prescribed in paragraphs (5) and (6) of this subsection. (9) An individual filing an extended benefit claim against the Virgin Islands from an agent state in which an extended benefit indicator is not in effect shall be paid extended benefits with respect to the first two weeks for which extended benefits are payable. Thereafter, extended benefits shall not be payable so long as there is no “on” indicator in the agent state. [This subdiv. effective with respect to weeks of unemployment beginning after May 31, 1981.] (10) An extended benefit claimant who voluntarily quits his most recent work without good cause or who is discharged from his most recent work for misconduct without good cause, or is suspended from his most recent work without good cause shall be disqualified as provided in section 304(b)(2), (3) and (9) of this title. (11) He has been paid in the base period of his regular benefit year wages for insured work equal to at least 1-and-½ times the wages paid in that calendar quarter of the base period in which such wages were the highest. (d) The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him during his applicable benefit year. For any individual who was paid benefits during the applicable benefit year in accordance with more than one weekly benefit amount, the weekly extended benefit amount shall be the average of such weekly benefit amounts. Such benefits, if not a multiple of $1.00, shall be computed to the next lower multiple of $1.00. (e) The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year shall be fifty percent of the total amount of regular benefits which were payable to him under this chapter in his applicable benefit year. Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year multiplied by the individual's weekly benefit amount for extended benefits. Any benefits payable to an individual under this paragraph, if not a multiple of $1.00, shall be computed to the next lower multiple of $1.00. (f)  (1) Whenever an extended benefit period is to become effective in the Virgin Islands as a result of a Virgin Islands “on” indicator, or an extended benefit period is to be terminated in the Virgin Islands as a result of a Virgin Islands “off” indicator, the Commissioner of Labor shall make an appropriate public announcement. (2) Computations required by the provisions of subsection (a)(6) shall be made by the Commissioner, in accordance with regulations prescribed by the U.S. Secretary of Labor. (g) If the Federal-State Extended Unemployment Compensation Act of 1970 is amended so as to authorize the Virgin Islands to pay benefits for an extended benefit period in a manner other than currently provided for by this section, then all terms and conditions contained in the amended provisions of such federal law shall become part of this section to the extent necessary to authorize the payment of benefits to eligible individuals as permitted under such amended provision.