2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 282-A - Unemployment Compensation › Section 282-A:30 - State-Federal Extended Benefit Program.

282-A:30 State-Federal Extended Benefit Program. –
I.
Definitions. As used in this section, unless the context clearly requires otherwise:
(a) "Extended benefit period" means a period which begins with the third week after the first week for which there is a New Hampshire "on" indicator, and ends the third week after the first week for which there is a New Hampshire "off" indicator.
(b), (c) [Repealed.]
(d) There is a "New Hampshire 'on' indicator" for this state for a week if the commissioner determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under this chapter:
(1) Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and
(2) Equaled or exceeded 5 percent; or
(3) For weeks of unemployment beginning April 1, 2001:
(A) The average rate of total unemployment in New Hampshire, seasonally adjusted, 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 the week equals or exceeds 6
1/2 percent; and
(B) The average rate of total unemployment in New Hampshire, seasonally adjusted, as determined by the United States Secretary of Labor, for the 3-month period referred to in subparagraph I(d)(3)(A), equals or exceeds 110 percent of the average for either or both of the corresponding 3-month periods ending in the 2 preceding calendar years.
(C) Subparagraph I(d)(3) shall not apply if at the time of such 'on' indicator benefits are available to individuals under any federal unemployment program.
(e) There is a "New Hampshire 'off ' indicator" for this state for a week if the commissioner determines, in accordance with the regulations of the United States Secretary of Labor, that none of the options in subparagraph I(d) are met:
(1) The rate of insured unemployment (not seasonally adjusted) under this chapter was:
(A) Less than 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, or
(B) Less than 5 percent.
(2) The average rate of total unemployment in New Hampshire, seasonally adjusted, 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 the week was less than:
(A) 6
1/2 percent; or
(B) 110 percent of the average for either or both of the corresponding 3-month periods ending in the 2 preceding calendar years.
(f) "Rate of insured unemployment", for purposes of subparagraphs (d) and (e) means the percentage derived by dividing the average weekly number of individuals filing claims in this state for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the commissioner on the basis of his reports to the United States Secretary of Labor, by the average monthly employment covered under this chapter for the first 4 of the most recent 6 completed calendar quarters ending before the end of such 13-week period.
(g) "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 extended benefits.
(h) "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 subdivision for weeks of unemployment in his eligibility period.
(i) "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.
(j) "Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period:
(1)(A) Has received, prior to such week, all of the regular benefits that were available to him under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85, in his current benefit year that includes such week; provided that, for the purposes of this subparagraph, an individual shall be deemed to have received all of the regular benefits that were available to him although as a result of a pending appeal with respect to annual earnings or employment or both that were not considered in the original determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits; or
(B) His benefit year having expired prior to such week, has no, or insufficient, annual earnings on the basis of which he could establish a new benefit year that would include such week; and
(2) Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the Automotive Products Trade Act of 1965, and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada, but, if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law, he is considered an exhaustee.
(k) "State law" means the unemployment compensation law of any state approved by the United States Secretary of Labor under section 3304 of the Internal Revenue Code of 1954.
(l) "High unemployment period" means any period in which an extended benefit period is in effect if RSA 282-A:30; I(d) (3) is applied by substituting 8 percent for 6.5 percent.
II. Except when the result would be inconsistent with the other provisions of this section, as may be provided in the rules 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.
III. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his or her eligibility period only if the commissioner finds that with respect to such week:
(a) The individual is an "exhaustee" as defined in subparagraph I(j);
(b) The individual 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; and
(c) In the base period with respect to which the individual exhausted all rights to regular compensation under this chapter, the individual has earnings covered by this chapter for compensation purposes which exceed 40 times the individual's most recent weekly benefit amount.
IV. 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 last maximum weekly benefit amount applicable to his annual earnings class during the applicable benefit year.
V. The total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit year, calculated on the benefit schedule applicable to the individual at the close of said year, shall be 13 times the individual's maximum weekly benefit amount which was payable to the individual under this chapter during the applicable benefit year or 20 times the individual's maximum weekly benefit amount if such occurs during a high unemployment period.
VI. Whenever an extended benefit period is to become effective in New Hampshire as a result of an "on" indicator, or an extended benefit period is to be terminated as a result of an "off" indicator, the commissioner shall make an appropriate announcement.
VII. Computations required by the provisions of subparagraph I(f) shall be made by the commissioner, in accordance with regulations prescribed by the United States Secretary of Labor.
VIII. The commissioner is hereby authorized and directed to take such action as he deems in the best interests of the state to obtain that share of the cost of those benefits paid under this section which P.L. 91-373 provides to be paid to the state by the federal government.
IX. In no event shall benefits payable under the laws of this state to any individual exceed with respect to any benefit year an amount equal to 46 times the individual's maximum weekly benefit amount.
X. Except as provided in this paragraph, payment of extended benefits shall not be made to any individual for any week if extended benefits would (but for this section) have been payable for such week pursuant to an interstate claim filed in any state under the interstate benefit payment plan, if an extended benefit period is not also in effect for such week in such state. This section shall not apply with respect to the first 2 weeks for which extended benefits are payable (determined without regard to this paragraph) pursuant to an interstate claim.
XI. An individual shall be ineligible for benefits under this chapter for any week of unemployment in his eligibility period,
(a) During which he fails to accept any offer of work which is within such individual's capabilities, if the gross average weekly remuneration payable to such individual for the position exceeds the sum of the individual's average weekly benefit amount for his benefit year, plus the amount (if any) of supplemental unemployment compensation benefits (as defined in section 501(c)(17)(D) of the Internal Revenue Code of 1954) payable to such individual for such week, and the position was offered to such individual in writing and was listed with the state employment services, and the position pays wages equally to or more than the minimum wage provided by section 6(a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption, or the applicable New Hampshire minimum wage, whichever is higher, or
(b) During which he fails to apply for any such work or other suitable work to which he has been referred by the employment office, or
(c) During which he fails to actively engage in seeking work by engaging in a systematic and sustained effort to obtain work during such week, and provides tangible evidence that he has engaged in such an effort.
(d) Except that, if the individual furnished evidence satisfactory to the commissioner that such individual's prospects for obtaining work in his customary occupation within a reasonably short period are good, the determination of whether any work is suitable work with respect to such individual shall be made in accordance with the provisions of RSA 282-A:32, I(d). No work shall be suitable under this section which does not satisfy the requirements of RSA 282-A:32, I(d)(2)(A), (B) and (C).
(e) Ineligibility under this provision shall not end until the individual has subsequently been employed during at least 4 weeks and earned 4 times his weekly extended benefit amount.
(f) The requirements of this section do not suspend or replace any other requirement of this chapter.
(g) The provisions of this paragraph shall not apply to the weeks beginning after March 6, 1993 and ending before January 1, 1995.
Source.
1937, 178:1. 1939, 138:8. 1941, 103:12-15. RL 218:2. 1943, 56:5. 1945, 78:1. 1947, 59:7. 1949, 30:1. 1951, 34:2; 140:4-6. 1953, 65:1, 2; 261:2. RSA 282:2(H). 1955, 7:1; 141:7. 1957, 118:2, 3. 1959, 28:1. 1961, 88:7, 8; 228:1. 1963, 194:3, 4. 1965, 208:1. 1967, 400:4. 1969, 460:4. 1971, 156:17, 18. 1973, 589:1, 2. 1975, 393:2. 1977, 441:9, 10. 1981, 408:3; 416:5. 1982, 35:1-5. 1993, 71:1. 1998, 87:3. 1999, 206:2, 3, 4. 2009, 323:1, 2, eff. Aug. 7, 2009.