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2010 extension of emergency unemployment compensation and extended benefits

Summary ETA explained the 2010 extension of EUC08 and federal funding for Extended Benefits, as well as the phaseout of Federal Additional Compensation. Attachments provide key dates, questions and answers, and the enacted legislation. ETA still lists this change as Active, but the benefit periods it addresses have ended; current applicability is unclear.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
UIPL No. 04-10, Change 3
Date issued
July 23, 2010
Status
Unknown
ETA lists this change Active as of 2026-10-24 and the PDF prints “Continuing,” but the EUC08 and temporary benefit periods discussed in the letter have ended. Current applicability is unclear.
Status last verified October 24, 2026

Apply this to your situation

This page explains the general guidance. Ask about your specific situation and see what current federal labor law says, with citations.

The current status of this document is unclear
ETA lists this change Active as of 2026-10-24 and the PDF prints “Continuing,” but the EUC08 and temporary benefit periods discussed in the letter have ended. Current applicability is unclear. It may no longer reflect the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
UIPL04-10_Ch3acc.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2010/UIPL04-10_Ch3acc.pdf)

                                                           CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION
                                                           EUC08 / FAC / EB
               ADVISORY SYSTEM
                                                           CORRESPONDENCE SYMBOL
                                                           OUI/DUIO
          U.S. DEPARTMENT OF LABOR
             Washington, D.C. 20210
                                                           DATE
                                                           July 23, 2010




ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 04-10, Change 3

TO:            STATE WORKFORCE AGENCIES

FROM:          JANE OATES /s/
               Assistant Secretary

SUBJECT:       Emergency Unemployment Compensation Program Extension and Modification,
               Extended Benefits Temporary Provisions Extension, and Expiration of Federal
               Additional Compensation


1. Purpose. To advise states of the extension of and modifications to the Emergency
   Unemployment Compensation, 2008 (EUC08) program, the extension of the temporary
   provisions for the federal-state Extended Benefits (EB) program, and the expiration of the
   Federal Additional Compensation (FAC) program.
2. References. The Unemployment Compensation Extension Act of 2010 (Extension Act),
   Public Law (P.L.) No. 111-205, enacted July 22, 2010; the Continuing Extension Act of
   2010, P.L. No. 111-157; the Supplemental Appropriations Act of 2008, P.L. No. 110-252;
   Sections 2002 and 2005 of Division B, Title II, the Assistance for Unemployed Workers and
   Struggling Families Act, P.L. No. 111-5; and Unemployment Insurance Program Letter
   (UIPL) Nos. 23-08 and 23-08, Changes 1, 2, 3, 4, 5, and 6; No. 07-09; Nos. 11-09 and 11-09,
   Change 1; Nos. 12-09 and 12-09, Change 1; and Nos. 04-10 and 04-10, Changes 1 and 2.
3. Summary of Changes to EUC08 and EB, and Expiration of FAC. P.L. No. 111-205 extends
   the phase-out periods and expiration dates of EUC08 and makes certain other program
   modifications, extends the temporary EB provisions, and discontinues the FAC program.
   The changes made by P.L. No. 111-205 are outlined below:
   a. EUC08 Program.
           •   The end of the period during which an individual may initially establish eligibility
               for the First Tier of EUC08 is extended to weeks of unemployment ending on or
               before November 30, 2010.
           •   The end of the period during which an EUC08 account may be augmented is
               extended. Individuals must exhaust First, Second, or Third Tier EUC08 on or
               before November 30, 2010, to qualify for the next higher EUC08 tier.
           •   The expiration date of the EUC08 program (i.e., the end of the “phase-out”
               period) is extended. Under the new expiration date, no EUC08 First, Second,


 RESCISSIONS                                              EXPIRATION DATE
 None                                                     Continuing

           Third, or Fourth-Tier payments may be made for any week of unemployment
           beginning after April 30, 2011.
       •   The EUC08 agreement will no longer apply and EUC08 will not be payable in a
           state if the U.S. Department of Labor (the Department) determines that the
           method governing the computation of regular compensation under the state law
           has been modified in a manner such that the average weekly benefit amount of
           regular unemployment compensation (UC) which will be payable (not including
           any FAC) during the period of the agreement will be less than the average weekly
           benefit amount of regular compensation which would otherwise have been
           payable during such period under the state law, in effect on June 2, 2010.
b. EB Program—100 Percent Federal Funding and EB Eligibility Period.
       •   The Federal government will reimburse states for 100 percent of the benefit costs
           of sharable EB and sharable regular compensation for weeks of unemployment
           beginning before December 1, 2010.
       •   The phase-out period for states to receive 100 percent reimbursement for
           individuals who have established EB eligibility is extended. If an individual
           received EB with respect to one or more weeks of unemployment beginning after
           February 17, 2009, and before December 1, 2010, the Federal government will
           continue to pay 100 percent of the eligible (sharable) EB benefit costs for weeks
           of unemployment ending before May 1, 2011.
       •   The provision permitting certain individuals to qualify for EB following
           exhaustion of EUC08 (without an overlap between their benefit year and the EB
           period) is extended. States may continue to permit these individuals to qualify for
           EB after they have exhausted EUC08 during an EB period that began on or before
           the date the individuals exhausted EUC08, even if the benefit year of those
           individuals ended. (See UIPL No. 12-09, Q&A 6.) This option remains available
           to states for weeks of unemployment beginning after February 17, 2009, and
           before December 1, 2010.
c.   EB Program – Sharing for First Week.
       •   The suspension of the prohibition on Federal sharing for the first week of EB if
           state law permits individuals to be compensated for the first week of regular
           compensation eligibility at any time or under any circumstances is extended
           through weeks of unemployment ending on or before April 30, 2011.
d.   Expiration of the FAC Program.
       •   Regular Compensation Claims. The FAC program was not extended and has
           already begun phasing out. FAC is payable during the phase-out to individuals
           who, as of June 2, 2010, had not yet exhausted all rights to regular compensation
           (including self-employment allowances and short-time compensation) with
           respect to a benefit year that began before that date.
       •   Federally Funded Compensation Claims. For Federally-funded claims (EUC08,
           Trade Readjustment Allowances (TRA), Extended Benefits (EB), Unemployment
           Compensation for Federal Employees, Unemployment Compensation for Ex-
           servicemembers, and Disaster Unemployment Assistance programs), individuals




                                            -2-

               are potentially eligible for FAC during the phase out if they had remaining
               entitlement on such claims on or before June 2, 2010.
           •   New EUC08, EB, or TRA Claims. Individuals qualifying for new EUC08, EB, or
               TRA claims on the basis of regular compensation on which FAC was paid on or
               before June 2, 2010 are potentially eligible for FAC during the phase out.
           •   Statutory FAC End Date. No FAC is payable for weeks of unemployment
               beginning after December 7, 2010. (This means the last week-ending date FAC is
               payable, in those states with a Saturday week-ending date, is December 11, 2010.)
4. Modification of EUC08 Requirements Regarding Subsequent Regular Compensation
   Entitlement. P.L. No. 111-205 modifies the EUC08 requirement that individuals must
   exhaust all regular compensation entitlement before receipt of EUC08. It provides for the
   continued payment of EUC08 where an individual qualifies for a subsequent benefit year if
   the regular weekly benefit amount payable on that subsequent benefit year is lower than the
   EUC08 weekly benefit amount, as specified below. (The Questions and Answers in
   Attachment 2 provide additional information on this change.) Individuals may be eligible to
   continue to receive EUC08 instead of regular compensation if the following criteria are met:
   a. The individual is entitled to EUC08 with respect to a benefit year;
   b. The benefit year has expired after the date of the enactment of the Extension Act;
   c. The individual has remaining entitlement to EUC08 benefits with respect to the benefit
      year; and
   d. The individual would qualify for regular compensation in a subsequent (new) benefit
      year and the weekly benefit amount on the new benefit year would be at least either $100
      or 25 percent less than the weekly benefit amount payable on the individual’s EUC08
      claim.
   The state(s) must determine whether these individuals will be paid EUC08 or regular
   compensation by selecting one of the following options (State EUC08 Options):
   a. Establish a new benefit year for the individual, but defer payment of regular
      compensation until the EUC08 claim has been exhausted;
   b. Defer the establishment of the new benefit year and “put on hold” the base period wages
      currently available for use in establishing the benefit year until the EUC08 claim has
      been exhausted;
   c. Establish the new benefit year, commence regular compensation payments, and augment
      the new weekly benefit amount of the regular compensation with remaining funds from
      the claimant’s EUC08 account equal to the difference between the new regular
      compensation weekly benefit amount and the older EUC08 claim’s weekly benefit
      amount; or
   d. Continue to pay the EUC08 claim if the individual elects not to file a claim for regular
      compensation under the new benefit year.
   This amendment applies only to those individuals whose benefit years expire after the date of
   enactment of the Extension Act (July 22, 2010). The state must elect only one option and
   apply it to all eligible individuals. This election may not be changed other than if prompted
   by a new state law enactment, as explained in Attachment 2, Q&A E.1.




                                               -3-

5. Program Continuation. These amendments were enacted on July 22, 2010, and are, except
   for the new State EUC Options described in item number 4, effective “as if included in [the
   UC amendments made by] the enactment of the Continuing Extension Act of 2010 (P.L. No.
   111-157).” The Department interprets this to mean that implementation of the amendments
   is retroactive and, therefore, there is no gap between the expiration of the provisions as
   described in UIPL No. 04-10, Change 2, and the extension of such provisions by the
   Extension Act as described in this UIPL. Thus, benefits are payable retroactively to
   otherwise eligible individuals and the Department will reimburse states for the administrative
   costs of processing these claims.
   Changes in the EUC and EB status for individual states are published weekly on the
   Department’s Web site at: http://oui.doleta.gov/unemploy/claims_arch.asp, and are included
   in a weekly email transmitting the trigger notices to states.
6. Interpretation. The information in this document is issued to the states and cooperating state
   agencies as guidance provided by the Department in its role as the principal in the EUC08
   program. As agents of the Federal government, the states and cooperating state agencies
   may not deviate from this guidance without the prior approval of the Department. To the
   extent that the prior guidance (as outlined in #2, References above) is inconsistent with this
   UIPL, this UIPL supersedes that guidance.
   Action Requested. State Administrators are requested to: 1) provide this guidance to
   appropriate staff, and 2) advise the appropriate Regional Office of its selected State EUC
   Option.
7. Inquiries. Questions should be directed to the appropriate Regional Office.
8. Attachments.
       Attachment 1—Key Dates for Temporary Federal UC Provisions of the Extension Act of
       2010.
       Attachment 2—Questions and Answers.
       Attachment 3—Unemployment Compensation Extension Act of 2010.




                                               -4-

UIPL04-10_Ch3a1.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2010/UIPL04-10_Ch3a1.pdf)

                                                                                                                                     Attachment 1 to UIPL 04-10, Change 3



                                                   Key Dates for Temporary Federal UC Provisions of the Extension Act of 2010

                                             Last Date Eligibility May Be Established for
                                                                                                                            Last Date Payable/Sharable Under Phase-Out
                                                          New Participants
                Program
                                                                     Actual Week Ending
                                             Statutory End Date                                                           Statutory End Date     Actual Week Ending Date
                                                                             Date¹
                                                              2
EUC08                                      November 30, 2010         November 27, 20103, 4                            April 30, 2011 5
                                                                                                                                                 April 30, 20116
FAC                                        June 2, 20102             May 29, 20107                                    December 7, 20105          December 11, 20108
100% Federal sharing EB9                   December 1, 2010 10
                                                                     December 4, 201011                               May 1, 201112              April 30, 201113
                                                             Statutory End Date                                                     Actual Week Ending Date
                st                                           2
Federal sharing 1 week EB –                April 30, 2011                                                             April 30, 201113
compensable waiting week
1
  For states where week of unemployment ends on Saturday.
2
  Weeks of unemployment ending on or before this date.
3
  Last week of unemployment for which an individual may establish eligibility for EUC08. Individuals exhausting a tier of EUC08 on this date
  may have their accounts augmented with next higher tier.
4
  For New York, where a week of unemployment ends on Sunday, actual week ending date is November 28, 2010.
5
  No compensation for weeks of unemployment beginning after this date.
6
  For New York, May 1, 2011.
7
  For New York, May 30, 2010.
8
  For New York, December 12, 2010.
9
  Also applies to provision permitting states to extend an individual’s EB eligibility period.
10
   Weeks of unemployment beginning before this date.
11
   For New York, December 5, 2010.
12
   Weeks of unemployment ending before this date.
13
   For New York, April 24, 2011.

UIPL04-10_Ch3a2.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2010/UIPL04-10_Ch3a2.pdf)

                                                               Attachment 2 to UIPL 04-10, Change 3


                                    Questions and Answers


A. General Information
1) Question: What is the effective date of the State EUC Options (providing continuing
   EUC08 eligibility for specified individuals despite their having qualified for a subsequent
   benefit year) under the provision of the Unemployment Compensation Extension Act of 2010
   (Extension Act)?
   Answer: The State EUC Options provision is applicable to individuals whose benefit years
   expire after the date of enactment of the Extension Act, which is July 22, 2010.
2) Question: States in an EB period began paying EB to individuals who could not qualify for
   EUC08 as of the week-ending June 5, 2010, because the EUC08 program had not yet been
   extended. May these states continue to pay EB to these individuals until exhaustion of these
   benefits rather than switching back to EUC08?
   Answer: Yes, provided the state has determined that switching from EB back to the EUC08
   claim would cause undue delays in the timely payment of benefits, the state may continue to
   pay EB until exhaustion and then pay EUC08.
3) Question: How should states report administrative activity for the recent gap in eligibility
   given the retroactive extension of coverage?
   Answer: States will continue to follow existing guidance on reporting. There are no new
   reporting requirements as a result of this extension. Under current guidance, states report
   claims activity to reflect the weeks of unemployment experienced by the claimant, so data
   reported on the ETA 539 and ETA 5159 will be reported to coincide with the weeks of
   unemployment experienced by the claimant as opposed to when the state processes the claim.
   Reports that had been previously submitted must be amended in include any additional
   backdated claims activity. Reporting on the EUC specific and EB specific ETA 207, ETA
   218, ETA 227, and ETA 5130 will continue to follow existing guidance.
B. Individuals Affected by the State EUC Options
1) Question: Which individuals will be impacted by the State EUC Options to pay EUC08
   instead of regular compensation?
   Answer: Affected individuals are those who had already established and have remaining
   EUC08 entitlement, have a benefit year that expired after the date of enactment of the
   Extension Act, and qualify for a new benefit year with a weekly benefit amount (WBA) that
   is at least $100 or 25 percent less than their EUC08 WBA.
   Note: This provision is not retroactive and the individual’s benefit year must have expired
   after July 22, 2010 (the date of enactment of the Extension Act).




                                               -1-

2) Question: May a state include the FAC payment in the calculation to assess whether the
   individuals’ WBA meets the criteria of having at least $100 or 25 percent less than the
   EUC08 WBA?
   Answer: No. States must calculate the regular compensation WBA and compare it against
   the EUC08 WBA. FAC is not included in the calculation.
C. Interstate Claims and Combined Wage Claims (CWC)
1) Question: An individual has an unexpired benefit year in State A and is receiving EUC08.
   A quarter check by State A reveals that s/he is eligible for regular compensation in State B
   and his/her WBA is determined to be at least $100 or 25 percent less than his/her EUC08
   WBA. Does the new state options provision apply to this individual?
   Answer: No. The individual does not meet the criteria in the above example because the
   individual’s benefit year has not expired; the individual is no longer eligible for EUC08
   because s/he has regular compensation entitlement in State B.
2) Question: If an individual has worked in multiple states and has regular compensation
   entitlement in more than one state, does the individual have to meet the threshold criteria
   (i.e., having a WBA that is $100 or 25 percent less than the current EUC08 WBA) in each
   state in order to be eligible to continue to receive EUC08 benefits?
   Answer: Yes. If the individual does not meet the criteria in any one of the states where she
   has potential new regular compensation entitlement, s/he would be ineligible to continue to
   receive EUC08 benefits under the Extension Act and the state must stop paying EUC08 and,
   under the CWC procedures, advise the individual of his/her potential entitlement in a state in
   which the WBA would not be reduced below the $100/25 percent threshold.
D. Regular Compensation Entitlement
1) Question: An individual is receiving First Tier EUC08 and his/her benefit year ends. The
   individual does not have sufficient wages to establish a new benefit year and thus begins
   receiving Second Tier EUC08. After the quarter changes, the individual has sufficient wages
   to qualify for regular compensation. Does the state option provision apply to this individual
   if s/he has a lower WBA that meets the criteria ($100 or 25 percent less than the EUC08
   WBA)?
   Answer: Yes. At the time an individual becomes eligible for a new regular compensation
   claim while receiving EUC08, the new provision will apply, providing the individual’s
   (applicable) benefit year expires after July 22, 2010.
E. State Selection of Options
1) Question: A state selects an option. Subsequently, the state’s law is amended so that
   another option becomes permissible under its law. May the state then adopt that new option?




                                               -2-

   Answer: Yes, the state may select another option when it changes its law. Following the
   selection of the new option, the state must apply it uniformly to all affected individuals.
F. State EUC08 Options
The State EUC08 Options below apply to individuals whose benefit years expire following the
date of enactment of the Extension Act (dated July 22, 2010). These State EUC Options apply to
individuals meeting the criteria through the statutory expiration date of the EUC08 program.
Under the latest extension, the last week for which EUC08 may be paid is the week ending April
30, 2011. (In New York, where a week of unemployment is Monday to Sunday, the last week of
EUC08 would be the week ending May 1, 2011).
Option A
The state will establish a new benefit year but defer payment of regular compensation on that
benefit year until the exhaustion of all EUC08 based upon the prior benefit year.
1) Question: What will happen to an individual’s regular compensation entitlement if a state
   elects Option A?
   Answer: If the state elects Option A, eligible individuals will continue to receive EUC08
   until exhaustion of their EUC08 accounts or until the expiration of the EUC08 program,
   whichever comes first. The state will then pay the individual any remaining regular
   compensation entitlement.
Option B
The state will defer the establishment of a new benefit year, putting on hold the wages that
would otherwise be in the base period, until the exhaustion of all EUC08 benefits based on the
prior benefit year.
1) Question: If an individual exhausts EUC08 entitlement based upon an existing benefit year,
   is the state permitted to backdate the effective date of the new regular compensation claim (if
   there is a delay in filing that new regular claim)?
   Answer: Under this option, states must establish the new benefit year with an effective date
   following the exhaustion of the EUC08 claim. The individual’s benefit year will be based on
   the wages that would have been used had the state not paid EUC08 first. States must not pay
   EUC08 and regular compensation for the same weeks.
2) Question: For how long may the establishment of a new benefit year for an individual be
   deferred?
   Answer: States must, at a minimum, permit the deferment of the benefit year through the
   statutory end of the EUC08 program.




                                               -3-

Option C
The state will pay the new regular compensation claim and pay the difference between the
prior EUC08 WBA and the new regular compensation WBA with funds from the claimant’s
EUC08 account.
1) Question: If a state chooses Option C, may the individual’s regular compensation claim
   continue to be augmented with EUC08 until exhaustion of that regular compensation?
   Answer: No. Augmentation of the new regular compensation claim would continue
   (providing the claimant is eligible) until exhaustion of the remaining funds in the individual’s
   EUC08 account, or until the end of the EUC08 program (the week ending April 30, 2011, in
   most states), whichever comes first.
   If, for example, an individual exhausts his/her EUC08 account but still has 10 weeks
   remaining on his/her regular compensation claim, s/he would, if eligible, continue receipt of
   regular compensation at the original WBA established under the regular compensation
   benefit year for that claim.
2) Question: If an individual exhausts his/her regular compensation entitlement before
   exhausting the EUC08 balance, will s/he continue to receive the remaining EUC08?
   Answer: Yes, provided individuals are otherwise eligible for EUC08 on the prior claim,
   they will continue to receive any remaining EUC08.
   Note: If an individual establishes a new (second) EUC08 claim based on a subsequent
   (second) regular compensation benefit year, the EUC08 WBA on the second claim will be
   the same as the individual’s WBA on the second regular compensation claim (including any
   dependents’ allowances).
3) Question: Under Option C, if a state law requires that regular compensation overpayments
   be offset at 100 percent, may the state apply its own law in offsetting any resulting
   overpayment(s) where the regular compensation is supplemented by EUC08?
   Answer: No, under section 4005(c)(1) of the EUC08 statute, no single deduction from
   EUC08 may exceed 50 percent of the weekly benefit amount from which the deduction is
   made. Thus, the state must limit the offset of the EUC08 portion of a weekly benefit
   payment to no more than 50 percent of that payment. The state will offset the regular
   compensation portion of the weekly benefit payment according to its state law.
Option D
The state will continue to pay EUC08 to an otherwise eligible individual if s/he elects not to
file a claim for regular compensation under a new benefit year.
1) Question: Under Option D, states will offer individuals the choice of continuing receipt of
   EUC08 or establishing a new regular compensation benefit year. If the individual elects to




                                               -4-

   continue EUC08, must the state offer the individual the option of switching to a regular
   compensation claim each subsequent calendar quarter?
   Answer: No. The state must offer individuals the choice between EUC08 and regular
   compensation when s/he first becomes eligible for regular compensation. The state must
   advise individuals that they may be eligible for regular compensation every new calendar
   quarter (see the question below).
   Once an individual makes an informed choice to continue receiving EUC08, the state will
   continue to pay EUC08 (if the individual is eligible) until exhaustion. If an individual
   subsequently elects to establish a new regular compensation benefit year, even though s/he
   still has remaining EUC08 entitlement, the state must stop payments of EUC08 and establish
   the new benefit year. Once a new regular compensation benefit year has been established,
   the choice no longer applies; the individual may not revert to EUC08 while s/he has
   remaining regular compensation entitlement, because the EUC08 statute requires exhaustion
   of regular compensation before an individual may be eligible for EUC08.
2) Question: Under Option D, what must the state do to notify affected individuals that they
   may elect to continue receiving EUC08 instead of establishing a new benefit year?
   Answer: States must provide individuals with sufficient information to allow them to make
   an informed choice. Notifications must include:
       •   The individual’s potential entitlement on a new regular compensation claim;
       •   The consequences of remaining on EUC08 versus filing a new claim; use of wages to
           qualify for regular compensation will generally diminish every quarter an individual
           remains on EUC08, because they are no longer in the base period.
       •   Information that individuals have the option to switch to a regular compensation
           claim during any subsequent quarter, providing there are sufficient base period wages
           to support a new regular compensation claim.
       •   Instructions on how the individuals can advise the state of their election.
       •   Information on scheduling interviews to provide the appropriate information and to
           offer an opportunity to make an election.
3) Question: Are states required to use a specified method for the notifications to the
   individual regarding the availability of this choice?
   Answer: No. States may determine an appropriate method to provide the notification based
   on the state’s filing procedures, provided that individuals have sufficient information to make
   an informed choice. Appropriate methods may include, but are not limited to:
       a. Providing written notification to the affected individuals by mail.




                                                -5-

       b. Providing appropriate information via the Internet to allow individuals to make an
          election via the Internet, for example, through a state’s Internet continued claims
          filing system.
4) Question: If an individual does not respond to an election notice, must the state continue to
   pay the individual EUC08 (assuming s/he’s otherwise eligible)?
   Answer: Yes. However, the notice must include information that advises individuals that
   failure to respond to the notice within a specified time (to be determined by the state) will
   constitute an election to stay on EUC08. This notice might also indicate that any future
   continued claim certifications for EUC08 also constitutes the individual’s agreement to
   continue receiving EUC08.
5) Question: If an individual elects to continue to receive EUC08 before establishing a new
   benefit year under Option D and the final week payable of EUC08 is not a full WBA, may
   the state augment the partial EUC08 week with regular compensation funds based on a new
   benefit year?
   Answer: No. EUC08 and regular compensation remain separate programs and benefits
   must be paid separately on the EUC08 or regular compensation claim.
G. FAC Phase Out
1) Question: An individual received FAC on his/her regular compensation claim and later
   qualifies for EB sometime after June 2, 2010 and during FAC phase-out. Does the individual
   qualify for FAC on the EB claim?
   Answer: Yes. UIPL No. 11-09, Attachment A, section C.2, provided that “individuals
   qualifying for Trade Readjustment Allowances (TRA), EUC08, or EB on the basis of regular
   compensation on which FAC was paid [before the phase out date, now June 2, 2010] are
   potentially eligible for FAC during the ‘phase-out’ period.” This is true even if the EB,
   EUC08, or TRA claim was effective May 30, 2010 or later. The individual would qualify for
   FAC providing s/he is otherwise eligible and the EB, EUC08, or TRA claim was based on a
   claim on which FAC was paid before June 2, 2010.
2) Question: Individuals are receiving FAC on claims for EUC08 based upon eligibility
   established before June 2, 2010. If these individuals exhaust the current tier of EUC08 after
   June 2, 2010 and are otherwise eligible to receive the next tier of EUC08, do the FAC
   payments continue?
   Answer: Yes. Once the individual has received FAC on an EUC08 claim based upon
   eligibility established before June 2, 2010, s/he will continue to receive FAC on any
   subsequent tiers of EUC08 that may be paid through the phase-out of the FAC program.




                                               -6-

UIPL04-10_Ch3a3.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2010/UIPL04-10_Ch3a3.pdf)

                                                          Attachment 3 to UIPL 04-10, Change 3
 H.R.4213 -- Unemployment Compensation Extension Act of 2010 (Enrolled Bill [Final as
                      Passed Both House and Senate] - ENR)

SEC. 1. SHORT TITLE.
      This Act may be cited as the `Unemployment Compensation Extension Act of 2010'.
SEC. 2. EXTENSION OF UNEMPLOYMENT INSURANCE PROVISIONS.
      (a) In General- (1) Section 4007 of the Supplemental Appropriations Act, 2008 (Public
      Law 110-252; 26 U.S.C. 3304 note) is amended--
             (A) by striking `June 2, 2010' each place it appears and inserting `November 30,
             2010';
             (B) in the heading for subsection (b)(2), by striking `JUNE 2, 2010' and inserting
             `NOVEMBER 30, 2010'; and
             (C) in subsection (b)(3), by striking `November 6, 2010' and inserting `April 30,
             2011'.
      (2) Section 2005 of the Assistance for Unemployed Workers and Struggling Families
      Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note; 123 Stat. 444), is amended--
             (A) by striking `June 2, 2010' each place it appears and inserting `December 1,
             2010'; and
             (B) in subsection (c), by striking `November 6, 2010' and inserting `May 1, 2011'.
      (3) Section 5 of the Unemployment Compensation Extension Act of 2008 (Public Law
      110-449; 26 U.S.C. 3304 note) is amended by striking `November 6, 2010' and inserting
      `April 30, 2011'.
      (b) Funding- Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public
      Law 110-252; 26 U.S.C. 3304 note) is amended--
             (1) in subparagraph (D), by striking `and' at the end; and
             (2) by inserting after subparagraph (E) the following:
                     `(F) the amendments made by section 2(a)(1) of the Unemployment
                     Compensation Extension Act of 2010; and'.
      (c) Conditions for Receiving Emergency Unemployment Compensation- Section
      4001(d)(2) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
      U.S.C. 3304 note) is amended, in the matter preceding subparagraph (A), by inserting
      before `shall apply' the following: `(including terms and conditions relating to availability
      for work, active search for work, and refusal to accept work)'.



                                               -1-

    (d) Effective Date- The amendments made by this section shall take effect as if included
    in the enactment of the Continuing Extension Act of 2010 (Public Law 111-157).
SEC. 3. COORDINATION OF EMERGENCY UNEMPLOYMENT COMPENSATION WITH
REGULAR COMPENSATION.
    (a) Certain Individuals Not Ineligible by Reason of New Entitlement to Regular Benefits-
    Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
    U.S.C. 3304 note) is amended by adding at the end the following:
    `(g) Coordination of Emergency Unemployment Compensation With Regular
    Compensation-
           `(1) If--
                   `(A) an individual has been determined to be entitled to emergency
                   unemployment compensation with respect to a benefit year,
                   `(B) that benefit year has expired,
                   `(C) that individual has remaining entitlement to emergency
                   unemployment compensation with respect to that benefit year, and
                   `(D) that individual would qualify for a new benefit year in which the
                   weekly benefit amount of regular compensation is at least either $100 or
                   25 percent less than the individual's weekly benefit amount in the benefit
                   year referred to in subparagraph (A),
           then the State shall determine eligibility for compensation as provided in
           paragraph (2).
           `(2) For individuals described in paragraph (1), the State shall determine whether
           the individual is to be paid emergency unemployment compensation or regular
           compensation for a week of unemployment using one of the following methods:
                   `(A) The State shall, if permitted by State law, establish a new benefit
                   year, but defer the payment of regular compensation with respect to that
                   new benefit year until exhaustion of all emergency unemployment
                   compensation payable with respect to the benefit year referred to in
                   paragraph (1)(A);
                   `(B) The State shall, if permitted by State law, defer the establishment of a
                   new benefit year (which uses all the wages and employment which would
                   have been used to establish a benefit year but for the application of this
                   paragraph), until exhaustion of all emergency unemployment
                   compensation payable with respect to the benefit year referred to in
                   paragraph(1)(A);



                                            -2-

                   `(C) The State shall pay, if permitted by State law--
                           `(i) regular compensation equal to the weekly benefit amount
                           established under the new benefit year, and
                           `(ii) emergency unemployment compensation equal to the
                           difference between that weekly benefit amount and the weekly
                           benefit amount for the expired benefit year; or
                   `(D) The State shall determine rights to emergency unemployment
                   compensation without regard to any rights to regular compensation if the
                   individual elects to not file a claim for regular compensation under the
                   new benefit year.'.
     (b) Effective Date- The amendment made by this section shall apply to individuals whose
     benefit years, as described in section 4002(g)(1)(B) the Supplemental Appropriations
     Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by this section, expire
     after the date of enactment of this Act.
SEC. 4. REQUIRING STATES TO NOT REDUCE REGULAR COMPENSATION IN ORDER
TO BE ELIGIBLE FOR FUNDS UNDER THE EMERGENCY UNEMPLOYMENT
COMPENSATION PROGRAM.
     Section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
     U.S.C. 3304 note) is amended by adding at the end the following new subsection:
     `(g) Nonreduction Rule- An agreement under this section shall not apply (or shall cease
     to apply) with respect to a State upon a determination by the Secretary that the method
     governing the computation of regular compensation under the State law of that State has
     been modified in a manner such that--
            `(1) the average weekly benefit amount of regular compensation which will be
            payable during the period of the agreement occurring on or after June 2, 2010
            (determined disregarding any additional amounts attributable to the modification
            described in section 2002(b)(1) of the Assistance for Unemployed Workers and
            Struggling Families Act, as contained in Public Law 111-5 (26 U.S.C. 3304 note;
            123 Stat. 438)), will be less than
            `(2) the average weekly benefit amount of regular compensation which would
            otherwise have been payable during such period under the State law, as in effect
            on June 2, 2010.'.
SEC. 5. BUDGETARY PROVISIONS.
     (a) Statutory Paygo- The budgetary effects of this Act, for the purpose of complying with
     the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest
     statement titled `Budgetary Effects of PAYGO Legislation' for this Act, jointly submitted


                                            -3-

       for printing in the Congressional Record by the Chairmen of the House and Senate
       Budget Committees, provided that such statement has been submitted prior to the vote on
       passage in the House acting first on this conference report or amendment between the
       Houses.
       (b) Emergency Designations- Sections 2 and 3--
               (1) are designated as an emergency requirement pursuant to section 4(g) of the
               Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 U.S.C. 933(g));
               (2) in the House of Representatives, are designated as an emergency for purposes
               of pay-as-you-go principles; and
               (3) in the Senate, are designated as an emergency requirement pursuant to section
               403(a) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the
               budget for fiscal year 2010.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.




                                               -4-

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