2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 716c - Establishment of a Federal-State Extended Unemployment Insurance Benefits Program

(a) A Federal-State Extended Unemployment Insurance Benefits Program is hereby created, to be effective on January 1, 1972.
(b)
(1) Extended benefit period means a period which:
(A) Begins with the third week following a week for which there is a positive state indicator.
(B) Ends on either of the following weeks, that occur later:
(i) The third week following the first week for which there is a negative state indicator, or
(ii) the thirteenth (13th) consecutive week from the beginning of the extended benefit period.
Provided, That no extended benefit period may begin as a result of a positive state indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to Puerto Rico.
(2) There shall be a positive Commonwealth indicator for a week, if the Secretary determines, pursuant to the regulations of the Secretary of Labor of the United States, that the insured unemployment rate under this chapter for the period which includes said week and the twelve (12) immediately preceding weeks:
(A) Was equal to or exceeded one hundred twenty percent (120%) of the average of said rates for the corresponding thirteen (13) -week period in each of the preceding two (2) calendar years, and
(B) was equal to or exceeded five percent (5%). Provided, That there shall also be a positive state indicator if the rate of insured unemployment was equal to or exceeded six percent (6%), regardless that the provisions of paragraph (A) of this clause are not complied with.
(3) There shall be a negative Commonwealth indicator for a week if the Secretary determines, pursuant to the regulations of the Secretary of Labor of the United States, that for the period that includes said week and the twelve (12) immediately preceding weeks, the insured unemployment rate does not meet one of the requirements of paragraph (A) or (B) of clause (2).
Notwithstanding the provisions of clause (2) of this subsection, the Secretary shall be empowered to preclude, interrupt, or reestablish a positive Commonwealth indicator, if similar or better benefits exist for the workers, degrayed totally with other funds. Said power shall disappear when the benefits defrayed totally with other funds are not available to the workers.
(4) Rate of insured unemployment, for purposes of clauses (2) and (3) of this subsection means the percentage derived by dividing:
(A) The average weekly number of individuals filing claims for regular benefits in Puerto Rico for weeks of unemployment with respect to the most recent consecutive thirteen (13) -week period, as determined by the Secretary on the basis of his reports to the United States Secretary of Labor, by
(B) the average monthly employment covered under this act for the first four (4) of the six (6) most recently completed calendar quarters ending before the end of such thirteen (13) -week period.
(5) Regular benefits.— Means the 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 §§ 8501—8525 of Congress Public Law Number 89-554, approved September 6, 1966, as amended (5 U.S.C. §§ 8501—8525; 80 Stat. 585 et seq.), other than extended benefits or additional benefits.
(6) Extended benefits.— Means benefits, including benefits payable to federal civilian employees pursuant to §§ 8501—8509 of Subchapter I of Chapter 85 of Title V, U.S.C., payable to an individual under the provisions of this section for weeks of unemployment in his eligibility period.
(7) Additional benefits.— Means benefits payable under §§ 716a and 716b of this title, to persons who have exhausted their regular benefits, as well as to an “exhaustee” by reason of high unemployment or other special factors under the provisions of any state law.
(8) Eligibility period.— Of an individual means the period consisting of the weeks in his benefit year which begin in an extended benefit period, but if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such extended benefit period.
(9) Exhaustee.— Means an individual who, with respect to a week of unemployment during his eligibility period:
(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 benefits payable to federal civilian employees and ex-servicemen under §§ 8501—8509 of Subchapter I of Chapter 85 of Title V, U.S.C., in his current benefit year that includes such week;
Provided, That, for purposes of this paragraph, 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 wages that were not considered in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits.
(B) His benefit year having expired prior to such week, has no, or insufficient, wages on the basis of which he could establish a new benefit year that would include such week; or who having established a new benefit year that includes such week, is prevented from receiving regular benefits by reason of any provision of a state law that meets the requirements of § 3304(a)(7) of the Federal Internal Revenue Code of 1954, and
(C)
(i) has no right to unemployment benefits or other allowances, as the case may be, under the Railroad Unemployment Insurance Act, or other federal laws, as are specified in the regulations issued by the United States Secretary of Labor, and
(ii) has not received and is not seeking unemployment benefits under the Unemployment Compensation Act of Canada; but if he is seeking benefits and the appropriate agency determines that he is not entitled to the benefits under said act, he is considered an exhaustee.
(10) State law.— Means the unemployment insurance law of any state, approved by the United States Secretary of Labor under the provisions of § 3304 of the Internal Revenue Code of 1954.
(c) Effect of state law provisions relating to regular benefits on claims for, and the payment of, extended benefits.— 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, except when the result would be inconsistent with the other provisions of this section, as provided in the regulations of the Secretary.
(d) Eligibility requirements to receive extended benefits.— A person shall be eligible to receive extended benefits for any week of unemployment during his period of eligibility only if the Director finds that with respect to such week:
(1) He is an exhaustee as defined in subsection (b)(9).
(2) He has complied with 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) For weeks of unemployment which began after September 25, 1982, and notwithstanding the provisions of clauses (1) and (2) of this subsection, no individual shall be eligible to receive extended benefits unless he has received wages in covered employment equal to at least forty (40) times his weekly benefit in the basic period applicable to the corresponding benefit year.
(4) From the first week of unemployment which commences after March 31, 1981, and notwithstanding the preceding provisions, a worker shall not be eligible to extended benefits for any week of unemployment with regard to which the Director determines that:
(A) He refused adequate employment offered by an employment office, or failed to apply for adequate employment to which he was referred, in which case he shall not receive benefits for the week in which that occurred, and until he has rendered services for a period of not less than four (4) weeks which do not necessarily have to be consecutive, counting from the date he was disqualified, and has accrued salaries equivalent to ten (10) times his weekly benefit.
(B) He failed to produce any evidence that he was actively seeking employment, as it is defined in clause (6) of this subsection, in which case he shall not receive benefits for the week in which said fault occurred, and until he has rendered services for a period of not less than four (4) weeks, which do not necessarily have to be consecutive, counting from the date he was disqualified, and has accrued salaries equivalent to four (4) times his weekly benefit.
Provided, That if the worker failed to actively seek employment due to hospitalization because of a condition that endangers his life, or for rendering services as a juror, he shall be disqualified only for the term during which such situation persists.
(5) For the purposes of the provisions of clause (4)(A) of this subsection, the term “adequate employment” means, with respect to any person, any work that is within his capabilities; Provided, however, That the gross weekly salary payable for such work must exceed the sum of:
(A) The weekly extended benefit assigned to the worker, plus
(B) the amount, if any, of the supplementary unemployment benefits, as such are defined in § 501(c)(17)(D) of Title 26 of U.S.C., to be paid to the person for said week, and
(C) the wages to be paid shall not be less than the highest amount payable for:
(i) The minimum wage provided by § 206(a)(1) of Title 29 of U.S.C., regardless of any exemption, or
(ii) the applicable local state minimum wage act.
(D) Provided, however, That no person can be denied extended benefits for refusing an offer of employment or failing to apply for any adequate employment, in accordance with the criteria indicated if:
(i) The offer was not made in writing and through the Employment Service;
(ii) said refusal would not result in a denial of the benefits according to the definition of adequate employment applicable to the claimants of regular benefits as this is defined in § 704(c) of this title, in the measure that the provisions of said section are not inconsistent with the provisions established in clause (4);
(iii) the claimant offers evidence to the satisfaction of the Director that his prospects of obtaining employment in his regular occupation within a reasonably short period of time are good. If said evidence is considered satisfactory for these purposes, the determination as to whether a job is adequate with respect to a person shall be made according to the definition of adequate employment applicable to the claimants of regular benefits under the provisions of § 704(c) of this title, regardless of the definition established in paragraph (5).
(6) Notwithstanding the provisions of clause (4), no job shall be considered adequate unless it is consistent with the uniform job provisions required by § 3304(a)(5) of Title 26 of U.S.C., consigned under paragraphs (A), (B) and (C) of § 704(c)(1) of this title.
(7) For the purposes of the provisions of of clause (4)(B) of this subsection, it shall be deemed that a person is actively seeking employment during any week, if:
(A) The person has developed an active and diligent search for employment in said week, and
(B) the person gives satisfactory evidence of his search for employment during said week.
(8) The Employment Service shall refer any claimant eligible for extended benefits under this chapter to any adequate employment according to the criteria established in clause (5).
(9) No worker who has been disqualified for regular and extended benefits because he has incurred improper conduct in his employment, has voluntarily quit an adequate job without just cause, or refused adequate employment, may receive extended benefits, unless the disqualification under the regular program or under the extended benefits program has been satisfied through employment and wages in accordance with what is established in clause (4)(A) of this subsection.
(10) Provided, That for weeks that commence from March 6, 1993, and before January 1, 1995, the provisions that refer to the active search for employment and to adequate work, and the requirements to render ineffective a disqualification that has been imposed, that are contained in clauses (4), (5), (6), (7), (8) and (9), above, shall not be applicable for the purpose of determining eligibility for extended benefits. The adequate work criteria consigned in paragraphs (A)—(C) of subsection (c)(1) and clauses (1) and (4) of subsection (b) of § 704 of this title, shall be considered for the purpose of determining eligibility for extended benefits.
(e) Weekly extended benefit amount.— 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 benefit year.
(f) Total extended benefit amount.— The total extended benefit amount payable to any eligible individual with respect to his benefit year shall be the least of the following amounts:
(1) The [fifty] percent (50%) of the total amount of regular benefits which were payable to him under this chapter in his applicable benefit year, or
(2) thirteen (13) times his weekly benefit amount which was payable to him under this chapter for a week of total unemployment in the corresponding benefit year.
Provided, That a worker who is eligible to receive the benefits under the Trade Act of 1974, as amended, and whose benefit year ends within an extended benifit period, shall receive the remainder, in any, after deducting an amount equal to the product of his weekly benefit under the regular program multiplied by the number of weeks in his benefit year in which he has received some payment under the Trade Act of 1974, as amended.
(g) Commencement and termination of extended benefit period.—
(1) The Secretary shall make the appropriate public announcement whenever an extended benefit period is to become effective or is to be terminated in Puerto Rico, as this term is described in subsection (b)(1) of this section.
(2) Computations required by the provisions of subsection (b)(4) of this section shall be made by the Director, pursuant to regulations prescribed by the United States Secretary of Labor.
(h) Termination of extended benefits payment under the Interstate Plan in a state in which the extended benefits peroiod is not in effect.— With the exception of the provisions of this subsection, an individual shall not receive extended benefits for any week that begins on or after June 1, 1981, in which:
(1) Said extended benefits are payable in virtue of an interstate claim under the Interstate Plan for the Payment of Benefits, and
(2) an extended benefits period is not in effect, in a concurrent manner in both states during the week that is claimed.
Provided, That this limitation shall not be applicable during the first two (2) weeks with respect to which the extended benefits are otherwise payable.
History —June 21, 1956, No. 74, p. 328, added as § 23 on June 24, 1971, No. 85, p. 257, § 13; June 15, 1972, No. 16, p. 374, § 13; Aug. 9, 1974, No. 21, Part 2, p. 646, § 7; June 24, 1977, No. 101, p. 228, § 8; July 21, 1977, No. 9, p. 558, § 1; July 26, 1979, No. 4, p. 924, § 11; Mar. 31, 1981, No. 1, p. 3; June 22, 1981, No. 15, p. 103, § 8; May 21, 1982, No. 18, p. 35, § 5; July 9, 1982, No. 2, p. 191, § 4; Sept. 12, 1983, No. 5, p. 360, § 3; July 15, 1988, No. 102, p. 424, § 7; July 26, 1991, No. 27; July 9, 1992, No. 17; Sept. 10, 1993, No. 76, § 1.