Md. Code Regs. 09.32.03.01

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.32.03.01 - Definitions

All terms used in this regulation which are defined in the Unemployment Insurance Law shall have the same meanings as provided in that law.

A. "Eligibility period" of an individual means the period of the weeks in his benefit year which begin in an extended benefit period, and, if his benefit year ends within the extended benefit period, any weeks after that which begin in that period.

B. "Entitlement". An individual is entitled to extended compensation for a week of unemployment in his eligibility period if, with respect to this week, he is an exhaustee under this regulation and he meets the requirements of the Unemployment Insurance Law and these regulations.

C. "Exhaustee". An individual is an exhaustee with respect to a week of unemployment of his eligibility period if:

(1) Either of the following conditions is satisfied:

(a) He has received, before that week, all the regular compensation payable to him according to the monetary determination for his current benefit year that includes the week, or

(b) His benefit year having expired before that 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 that week, or having established a new benefit year that includes the week, he is precluded from receiving regular compensation by reason of an Unemployment Insurance Law provision of the state which meets the requirement of §3304(a)(7) of the Internal Revenue Code of 1954;

(2) He has no right to unemployment compensation or allowances, as the case may be, under the following federal law, the Railroad Unemployment Insurance Act; and

(3) He has not received and is not seeking for the week unemployment compensation under the law of the Virgin Islands or of Canada, but if he is seeking this compensation and the appropriate agency finally determines that he is not entitled to compensation under this law, he is an exhaustee.

D. "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 Labor and Employment Article, Title 8, Subtitle 11, Annotated Code of Maryland, for weeks of unemployment in his eligibility period.

E. "Extended benefit period" means a period which:

(1) Begins with the third week after whichever of the following weeks occurs first:

(a) A week for which there is a national "on" indicator, or

(b) A week for which there is a State "on" indicator; and

(2) Ends with either of the following weeks, whichever occurs later:

(a) The third week after the first week for which there is both a national "off" indicator and a State "off" indicator, or

(b) The thirteenth consecutive week of this period, provided an extended benefit period may not begin by reason of a State "on" indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with regard to this State.

F. National "On" and "Off" Indicators. There is a "national 'on' indicator" for a week if the United States Secretary of Labor determines that for a period consisting of that week and the 12 immediately preceding weeks, the rate of insured unemployment (seasonally adjusted) for all states, based on the average monthly covered employment for the first 4 of the 6 most recent calendar quarters ending before the close of the period, equaled or exceeded 4.5 percent. There is a "national `off' indicator" for a week if the United States Secretary of Labor determines that for a period consisting of that week and the 12 immediately preceding weeks, the rate of insured unemployment (seasonally adjusted) for all states, based on the average monthly covered employment for the first 4 of the 6 most recent calendar quarters ending before the close of the period was less than 4.5 percent.

G. "Rate of insured unemployment" for purposes of §I of this regulation means the percentage derived by dividing:

(1) 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 Secretary on the basis of his reports to the United States Secretary of Labor, by

(2) The average monthly employment covered under the Unemployment Insurance Law for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.

H. "Regular benefits" means benefits payable to an individual under the Unemployment Insurance Law 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.

I. State "On" and "Off" Indicators. State "on" and "off" indicators may occur in either of the following two circumstances:

(1) There is a State "on" indicator in this State for a week if the Secretary determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under the law equaled or exceeded 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and equaled or exceeded 4 percent. After a State "on" occurs pursuant to this section, there is a State "off" indicator for this State for a week if the Secretary determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under the law was less than 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding 2 calendar years or was less than 4 percent.

(2) There is a State "on" indicator in this State for a week if the Secretary determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under the law equaled or exceeded 5 percent. After a State "on" indicator occurs pursuant to this section, there is a State "off" indicator for a week if the Secretary determines, in accordance with the regulations of the United States Secretary of Labor, that for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) under the law was less than 5 percent.

J. "Total Extended Benefit Amount". The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year may not be less than whichever of the following is the least:

(1) 50 percent of the total amount of regular compensation, (including dependents' allowances) payable to him during the benefit year under the law;

(2) 13 times his average weekly benefit amount; or

(3) 39 times his average weekly benefit amount, reduced by the regular compensation paid (or deemed paid) to him during the benefit year under that law.

K. "Weekly Extended Benefit Amount". The weekly benefit amount of extended benefits payable to an individual for a week of total unemployment in his eligibility period is the amount of regular benefits (including dependents' allowances) payable to him for a week of total unemployment during his applicable benefit year.

Md. Code Regs. 09.32.03.01

Regulation .01C, F, I amended effective December 1, 1978 (5:24 Md. R. 1796)
Regulation .01F, I amended effective December 10, 1975 (2:28 Md. R. 1666)