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S.2544 - Emergency Unemployment Compensation Extension Act of 2008
A bill to provide for a program of temporary extended unemployment compensation.
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January 22 (legislative day, January 3), 2008
Mr. KENNEDY (for himself, Mr. DODD, Mr. BINGAMAN, Mr. HARKIN, Mr. REED, Mrs. CLINTON, Mr. OBAMA, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on FinanceCommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General- Any State which desires to do so may enter into and participate in an agreement under this Act with the Secretary of Labor (in this Act referred to as the `Secretary'). Any State which is a party to an agreement under this Act may, upon providing 30 days written notice to the Secretary, terminate such agreement.CommentsClose CommentsPermalink
(b) Provisions of Agreement- Any agreement under subsection (a) shall provide that the State agency of the State will make payments of temporary extended unemployment compensation to individuals who--CommentsClose CommentsPermalink
(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 the date that is 1 year prior to the date of enactment of this Act);CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(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; orCommentsClose CommentsPermalink
(1) the amount of temporary extended unemployment compensation which shall be payable to any individual for any week of total unemployment shall be equal to the sum of--CommentsClose CommentsPermalink
(A) 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; andCommentsClose CommentsPermalink
(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 temporary extended unemployment compensation and the payment thereof, except where otherwise inconsistent with the provisions of this Act or with the regulations or operating instructions of the Secretary promulgated to carry out this Act; andCommentsClose CommentsPermalink
(3) the maximum amount of temporary extended unemployment compensation payable to any individual for whom a temporary extended unemployment compensation account is established under section 3 shall not exceed the amount established in such account for such individual.CommentsClose CommentsPermalink
(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 temporary extended unemployment compensation in lieu of extended compensation to individuals who otherwise meet the requirements of this section. Such an election shall not require a State to trigger off an extended benefit period.CommentsClose CommentsPermalink
SEC. 3. TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General- Any agreement under this Act shall provide that the State will establish, for each eligible individual who files an application for temporary extended unemployment compensation, a temporary extended unemployment compensation account with respect to such individual's benefit year.CommentsClose CommentsPermalink
(1) IN GENERAL- The amount established in an account under subsection (a) shall be equal to 20 times the individual's average weekly benefit amount (as determined under paragraph (2)) for the benefit year.CommentsClose CommentsPermalink
(1) IN GENERAL- Notwithstanding any other provision of this section, if, at the time that the individual's account is exhausted, such individual's State is in an extended benefit period (as determined under paragraph (2)), then, such account shall be augmented by an amount equal to 13 times the individual's average weekly benefit amount (as determined under subsection (b)(2)) for the benefit year.CommentsClose CommentsPermalink
(2) EXTENDED BENEFIT PERIOD- For purposes of paragraph (1), a State shall be considered to be in an extended benefit period if, at the time of exhaustion (as described in paragraph (1)) or at any time during the period beginning on the date of enactment of this act and ending at the time of such exhaustion--CommentsClose CommentsPermalink
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION.
(a) General Rule- There shall be paid to each State which has entered into an agreement under this Act an amount equal to 100 percent of the temporary extended unemployment compensation paid to individuals by the State pursuant to such agreement.CommentsClose CommentsPermalink
(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 Act 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 Act in respect of such compensation.CommentsClose CommentsPermalink
(c) Determination of Amount- Sums payable to any State by reason of such State having an agreement under this Act 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 Act 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.CommentsClose CommentsPermalink
SEC. 5. FINANCING PROVISIONS.
(a) In General- Funds in the extended unemployment compensation account (as established by section 905(a) of the Social Security Act (
(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 Act. 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).CommentsClose CommentsPermalink
(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 (
(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--CommentsClose CommentsPermalink
SEC. 6. FRAUD AND OVERPAYMENTS.
(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 temporary extended unemployment compensation under this Act to which the individual was not entitled, such individual--CommentsClose CommentsPermalink
(1) shall be ineligible for further temporary extended unemployment compensation under this Act in accordance with the provisions of the applicable State unemployment compensation law relating to fraud in connection with a claim for unemployment compensation; andCommentsClose CommentsPermalink
(b) Repayment- In the case of individuals who have received amounts of temporary extended unemployment compensation under this Act to which they were not entitled, the State shall require such individuals to repay the amounts of such temporary extended unemployment compensation to the State agency, except that the State agency may waive such repayment if it determines that--CommentsClose CommentsPermalink
(1) IN GENERAL- The State agency may recover the amount to be repaid, or any part thereof, by deductions from any temporary extended unemployment compensation payable to such individual under this Act or from any unemployment compensation payable to such individual under any Federal unemployment compensation law administered by the State agency or under any other 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 temporary extended 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 determinations under the State unemployment compensation law, and only in that manner and to that extent.CommentsClose CommentsPermalink
SEC. 7. DEFINITIONS.
In this Act, 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 (
SEC. 8. APPLICABILITY.
(1) IN GENERAL- Subject to paragraphs (2) and (3), in the case of an individual who has amounts remaining in an account established under section 3 as of the date that is 1 year after the date of enactment of this Act, temporary extended unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after the date that is 1 year after the date of enactment of this Act for which the individual meets the eligibility requirements of this Act.CommentsClose CommentsPermalink
(2) NO AUGMENTATION AFTER 1 YEAR AFTER THE DATE OF ENACTMENT OF THIS ACT- If the account of an individual is exhausted after the date that is 1 year after the date of enactment of this Act, then section 3(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).CommentsClose CommentsPermalink
(3) LIMITATION- No compensation shall be payable by reason of paragraph (1) for any week beginning after the date that is 18 months after the date of enactment of this Act.CommentsClose CommentsPermalink
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