2009 expansion of emergency unemployment benefit tiers

uipl23-08c5acc.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2009/uipl23-08c5acc.pdf)

                                                           CLASSIFICATION
      EMPLOYMENT AND TRAINING ADMINISTRATION               EUC08
                   ADVISORY SYSTEM
                                                           CORRESPONDENCE SYMBOL
             U.S. DEPARTMENT OF LABOR
                  Washington, D.C. 20210                   OUI/DUIO
                                                           DATE
                                                           November 13, 2009

ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 23-08, Change 5

TO:           STATE WORKFORCE AGENCIES

FROM:         JANE OATES /s/
              Assistant Secretary

SUBJECT:      Emergency Unemployment Compensation, 2008 (EUC08) - Program Expansion;
              EUC08 Second-Tier Expansion, and new EUC08 Third and Fourth-Tiers for
              States with Certain Levels of High Unemployment

1.     Purpose. To advise states of further expansion of the EUC08 program and to provide
       operating and reporting instructions for implementation and administration.
2.     References. The Worker, Homeownership, and Business Assistance Act of 2009
       (Worker Assistance Act), Public Law No. 111-92, enacted on November 6, 2009, and
       Unemployment Insurance Program Letter (UIPL) Nos. 23-08 and 23-08, Changes 1, 2, 3,
       and 4.
3.     Summary. The Worker Assistance Act expands the EUC08 program, for weeks of
       unemployment beginning after November 6, 2009, in the following ways:
          •   It increases the maximum EUC08 Second-Tier entitlement from 13 weeks to 14
              weeks of benefits in all states, and this Tier is no longer triggered on by a state
              reaching a specified rate of unemployment;
          •   It creates an EUC08 Third-Tier providing up to 13 additional weeks of benefits
              (for a total of up to 47 weeks of EUC08) in states with a 13-week insured
              unemployment rate of at least 4 percent or a three-month average total
              unemployment rate of at least 6 percent;
          •   It creates an EUC08 Fourth-Tier providing up to 6 additional weeks of benefits
              (for a total of up to 53 weeks of EUC08) in states with a 13-week insured
              unemployment rate of at least 6 percent or a three-month average total
              unemployment rate of at least 8.5 percent.




 RESCISSIONS                                              EXPIRATION DATE
 None                                                     Continuing

        In addition, there are two provisions regarding the coordination of benefits:
        •   A state may continue to pay Extended Benefits (EB), prior to EUC08 under the
            amendments made by the Worker Assistance Act, to individuals who were in EB
            claims status at the time of enactment of that Act, notwithstanding the state’s
            prior election to pay EUC08 before EB.
        •   If a state determines that implementation of the increased entitlement to EUC08
            Second-Tier (i.e., 13 to 14 weeks) would unduly delay prompt payment of
            EUC08, the state may elect to pay EUC08 Third-Tier prior to payment of the
            increased amount of EUC08 Second-Tier until such time as the state determines
            that the increased EUC08 Second-Tier may be paid without undue delay.
     The expiration date and phase-out period described in UIPL No. 23-08, Change 4 has not
     changed. However, in applying the phase out, states will need to take into account that
     EUC08 Second-Tier no longer has a trigger and, for affected states, take into account the
     new EUC08 Third and Fourth-Tiers. Accordingly, if an individual exhausts EUC08
     First-Tier on or before December 31, 2009, the individual may qualify for EUC08
     Second-Tier. Further, if an individual exhausts EUC08 Second-Tier or Third-Tier on or
     before December 31, 2009, the individual may qualify for the next higher Tier, if an
     EUC08 Third-Tier or Fourth-Tier period (whichever is appropriate) is either then in
     effect or subsequently triggers “on” (even if that period triggers “on” after December 31,
     2009). However, an individual may not move to the next (a higher) Tier if s/he exhausts
     an EUC08 Tier after December 31, 2009. (In states where the week ending date is a
     Saturday, the last week of potential eligibility would be the week ending December 26,
     2009.)
4.   Interpretation. The instructions in this document are issued to the states and cooperating
     state agencies as guidance provided by the Department in its role as the principal in the
     EUC08 program. States may not deviate from the operating instructions without the
     prior approval of the Department. The interpretations, policies, and procedures issued in
     this document supersede those previously issued in UIPL Nos. 23-08 and 23-08, Changes
     1, 2, 3, and 4 to the extent of any inconsistencies.
5.   EUC08 Agreements. The EUC08 program is administered through voluntary agreements
     between states and the U.S. Department of Labor. All states have agreements with the
     Secretary of Labor to administer the program and the existing agreements remain in
     effect; no new agreements are necessary.
6.   Guidance. This document provides a set of questions and answers regarding the
     expansion of the EUC08 program and sets forth additional operating and reporting
     instructions to guide states in implementing and administering the program.
7.   Notification. States must identify and notify all individuals who are potentially eligible
     for the additional or new entitlement to EUC08 Second-Tier. In addition, affected states
     must identify and notify individuals who are potentially eligible for EUC08 Third-Tier
     and EUC08 Fourth-Tier benefits. Also, states must ensure public knowledge of the
     program’s expansion by notifying appropriate news media.




8.    Action Requested. Administrators are requested to provide this information and
      instructions to the appropriate staff.
9.    Inquiries. Direct questions to the appropriate Regional Office.
10.   Attachment. Attachment A – Questions and Answers on the EUC08 Program Expansion
                   Attachment B – Worker, Homeownership, and Business Assistance Act of
                   2009

uipl23-08c5a1.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2009/uipl23-08c5a1.pdf)

                Attachment A to UIPL No. 23-08—Change 5
          Questions and Answers on the EUC08 Program Expansion

A. Overview of Key Provisions of the Worker Assistance Act

1.    Question: What is the first week payable under the changes made by the Worker
      Assistance Act?
      Answer: The first full week of unemployment following the enactment of the bill
      (November 6, 2009). In most states, where the week of unemployment begins on a
      Sunday, this would be the week of November 8, 2009.
2.    Question: What rate of unemployment must be reached in the state(s) for each EUC08
      Tier to be paid?
      Answer: EUC08 First and Second-Tier require no threshold rate of unemployment that
      must be reached; EUC08 First-Tier and EUC08 Second-Tier are available in all states.
      EUC08 Third-Tier is available in states with a 13-week insured unemployment rate (IUR)
      of at least 4 percent or a three-month seasonally adjusted total unemployment rate (TUR)
      of at least 6 percent. (Henceforth, all references to the IUR and TUR take into account
      the 13-week/three-month periods.)
      EUC08 Fourth-Tier requires that the state has an IUR of at least 6 percent or a TUR of at
      least 8.5 percent.
3.    Question: What is the maximum number of weeks of benefits available for each Tier of
      EUC08?
      Answer: The EUC08 First-Tier maximum remains 20 weeks. The EUC08 Second-Tier
      maximum is increased to 14 weeks. The EUC08 Third-Tier maximum is 13 weeks. The
      EUC08 Fourth-Tier maximum is 6 weeks.
4.    Question: How will states calculate the individual’s entitlement for each Tier of EUC08?
      Answer: EUC08 First-Tier entitlement remains the lesser of 20 times the individual’s
      average weekly benefit amount (WBA) or 80 percent of the individual’s total amount of
      regular compensation (i.e., the individual’s maximum benefit amount (MBA)).
      EUC08 Second-Tier is now the lesser of 14 times the individual’s average WBA or 54
      percent of the individual’s MBA.
      EUC08 Third-Tier is the lesser of 13 times the individual’s average WBA or 50 percent
      of the individual’s MBA.
      EUC08 Fourth-Tier is the lesser of 6 times the individual’s average WBA or 24 percent
      of the individual’s MBA.
5.    Question: What is the order of payment when a claimant has not exhausted Extended
      Benefits (EB), but becomes eligible for EUC08 under an amendment made by the
      Worker Assistance Act?
      Answer: When an individual claimed EB for at least one week of unemployment after
      the exhaustion of EUC08 First-Tier prior to enactment of the Worker Assistance Act,



       states have the option (notwithstanding an election to pay EUC08 prior to EB) of paying
       EB to an otherwise eligible individual prior to the payment of any EUC08 to which the
       individual becomes entitled by reason of these amendments. Alternatively, the states
       may pay EUC08 before any remaining EB entitlement. However, if a state is no longer
       in an EB period after the individual exhausts EUC08 entitlement, the individual will be
       ineligible for the remaining EB.
6.     Question: How is an individual’s EUC08 entitlement affected when a state triggers “off”
       an EUC08 Third or Fourth-Tier period?
       Answer: As with the (prior) EUC08 Second-Tier under prior guidance, triggering “off”
       does not affect the individual’s remaining EUC08 entitlement (the Tier under which
       benefits are being paid). However, no payments may be made for any week of
       unemployment beginning after May 31, 2010.
B. Notifications to Potentially Eligible Individuals and the Media
1.     Question: What are the state’s responsibilities to identify and notify individuals about the
       EUC08 program expansion?
       Answer: States must identify and notify all individuals who are potentially eligible for
       additional EUC08 Second-Tier, or newly eligible for EUC08 Second-Tier, benefits. In
       addition, affected states must identify and notify individuals who are potentially eligible
       for EUC08 Third-Tier and Fourth-Tier benefits.
2.     Question: What must states do to notify the media of the EUC08 program expansion?
       Answer: States must ensure public knowledge of the expansion of the program by
       notifying appropriate news media having coverage throughout the state.
C. EUC08 Second-Tier Expansion/Changes
1.     Question: What has changed regarding EUC08 Second-Tier?
       Answer: There are two significant changes to the EUC08 Second-Tier entitlement.
       EUC08 Second-Tier is available to eligible claimants in all states; there is no longer any
       unemployment rate threshold. Secondly, the maximum entitlement of EUC08 Second-
       Tier has been increased to the lesser of 14 times the claimant’s WBA or 54 percent of the
       claimant’s MBA.
2.     Question: What are the requirements concerning calculation of the EUC08 Second-Tier?
       Answer: States must recalculate the Second-Tier entitlement when the claimant next files
       a continued claim for EUC08 Second-Tier or when a Second-Tier exhaustee reopens
       his/her EUC08 claim. In those states that did not meet the previous requirements to
       trigger “on” to EUC08 Second-Tier, the state(s) will calculate Second-Tier entitlement as
       provided above (question C. 1. ) for eligible claimants.
3.     Question: When a state has determined that payment of the additional entitlement of
       EUC08 Second-Tier benefits cannot be made without undue delay, how long does the
       state have to make this payment?
       Answer: The state will make any necessary programming or procedural changes as soon
       as possible to make payment of the final week of EUC08 Second-Tier. States should




     note that the Worker Assistance Act does not allow a state to make payment of EUC08
     Fourth-Tier prior to the payment of the final week of EUC08 Second-Tier (if the state
     elects to pay EUC08 Second-Tier after EUC08 Third-Tier).
4.   Question: May individuals receive the “extra” week of EUC08 Second-Tier benefits for
     weeks of unemployment occurring prior to the effective date of the expansion?
     Answer: No. The increased EUC08 Second-Tier benefits are payable only for weeks of
     unemployment beginning after the date of the enactment of the Worker Assistance Act,
     which is November 6, 2009.
5.   Question: A recalculated EUC08 Second-Tier entitlement results in a dollar figure that is
     not an even dollar (e.g., $4,283.34) for the total entitlement of EUC08 Second-Tier. How
     should this situation be handled?
     Answer: When the recalculated amount is not an even dollar figure for the total
     entitlement of EUC08 Second-Tier, the state will round either up or down to the nearest
     dollar according to the individual state law. (The amount of $4,283.34 will be $4,283.00
     in a state that rounds down or $4,284.00 in a state that rounds up.)
6.   Question: The maximum entitlement results in a final payment that is not a full WBA
     payment. How must the state handle this situation?
     Answer: If the calculation does not result in a full WBA payment and the state is in a
     EUC08 Third-Tier period, the state will augment the EUC08 Second-Tier final payment
     with EUC08 Third-Tier entitlement. If the state is not in an EUC08 Third-Tier period,
     the state will issue the final (partial) payment, which will be the remaining balance in the
     individual’s EUC08 Second-Tier “account” (that is, the remaining entitlement).
7.   Question: May a state augment an individual’s EUC08 account with Second-Tier
     benefits as soon as the individual enters the EUC08 First-Tier?
     Answer: No. The state may only augment an individual’s EUC08 account with Second-
     Tier benefits after the individual exhausts EUC08 First-Tier.
8.   Question: When the amount remaining in an individual’s EUC08 Second-Tier account is
     less than the full WBA and the state is in an EUC08 Third-Tier period, is EUC08 Third-
     Tier payable for the same week?
     Answer: Yes. When the amount remaining in an individual’s EUC08 Second-Tier
     account is less than the full WBA, the claimant exhausts that Second-Tier. Therefore,
     EUC08 Third-Tier is payable for the same week, the week of EUC08 Second-Tier
     exhaustion. EUC08 Third-Tier will augment the EUC08 account to allow for the
     payment of an amount equal to the original weekly benefit amount.
D. EUC08 Third-Tier
1.   Question: In which states will EUC08 Third-Tier benefits be available?
      Answer: EUC08 Third-Tier is available to individuals in states where either the IUR is
      at least 4.0 percent or the TUR is at least 6.0 percent.
      Note: Trigger notices are posted each week at the following Website address:
            http://workforcesecurity.doleta.gov/unemploy/claims_arch.asp



2.   Question: How many weeks of benefits are available in EUC08 Third-Tier?
     Answer: EUC08 Third-Tier will provide up to 13 additional weeks of benefits to
     individuals who have exhausted all rights to EUC08 Second-Tier benefits.
3.   Question: Must the state pay the new increased entitlement of EUC08 Second-Tier prior
     to the payment of EUC08 Third-Tier?
     Answer: If a state determines that implementation of the increased entitlement to the
     EUC08 Second-Tier would unduly delay prompt payment of EUC08, the state may elect
     to pay EUC08 Third-Tier prior to payment of the increased amount of EUC08 Second-
     Tier until such time as the state determines that the increased EUC08 Second-Tier may be
     paid without undue delay.
     Note: In states making an election to delay payment of the new additional entitlement for
     EUC08 Second-Tier, the exhaustion date of the increased EUC08 Second-Tier amount or
     the exhaustion date of the EUC08 Third-Tier, whichever is later, will be used to
     determine whether an individual’s EUC08 account may be subsequently augmented for
     EUC08 Fourth-Tier, if the state is triggered “on” to a Fourth-Tier.
4.   Question: How is an individual’s EUC08 Third-Tier entitlement affected when a state
     triggers “off” a EUC08 Third-Tier period?
     Answer: As with the EUC08 Second-Tier, triggering “off” does not affect the
     individual’s remaining EUC08 Third-Tier entitlement (the Tier under which benefits are
     being paid). However, no Third-Tier payments may be made for any week of
     unemployment beginning after May 31, 2010.
5.   Question: When may an individual qualify for EUC08 Third-Tier?
     Answer: An individual may qualify for the EUC08 Third-Tier when the individual has
     exhausted EUC08 Second-Tier, unless this exhaustion occurs after December 31, 2009.
     An individual may qualify for the EUC08 Third-Tier if the individual exhausts the
     EUC08 Second-Tier on or before December 31, 2009, the state is in an EUC08 Third-
     Tier period in the state and the EUC08 program has not ended.
     An individual who exhausts the EUC08 Second-Tier following the end of an EUC08
     Third-Tier period will not be eligible for EUC08 Third-Tier unless the state again triggers
     “on” a EUC08 Third-Tier period.
6.   Question: If the state is currently in an EB period and the claimant is still receiving
     EUC08 Second-Tier (therefore s/he is not in EB status), will the state be required to pay
     EB before the payment of EUC08 Third-Tier after the claimant exhausts EUC08 Second-
     Tier?
     Answer: No. The state may pay either EUC08 or EB depending on which program
     benefits the state has elected to pay first.
7.   Question: When the amount remaining in an individual’s EUC08 Second-Tier account is
     less than the full WBA and the state is in a EUC08 Third-Tier period, is EUC08 Third-
     Tier payable for the same week?
     Answer: Yes. When the amount remaining in an individual’s EUC09 Second-Tier
     account is less than the full WBA, the claimant exhausts that Second-Tier. Therefore,



      EUC08 Third-Tier is payable for the same week, the week of EUC08 Second-Tier
      exhaustion. EUC08 Third-Tier will augment the EUC08 account to allow for the
      payment of an amount equal to the original WBA.
8.    Question: May a state augment an individual’s EUC08 account with Third-Tier benefits
      as soon as the state enters into an EUC08 Third-Tier period?
      Answer: No. The state may only augment an individual’s EUC08 account with Third-
      Tier benefits after the individual exhausts EUC08 Second-Tier. The Worker Assistance
      Act requires the exhaustion of EUC08 Second-Tier (except for the delay in the payment
      of the week added in the Act) prior to the augmentation of EUC08 Third-Tier.
      Note: If a state had elected to pay EB prior to EUC08, any EB entitlement must be
      exhausted before augmenting the individual’s EUC08 account.
E. EUC08 Fourth-Tier
1.    Question: Who may qualify for EUC08 Fourth-Tier?
      Answer: The EUC08 Fourth-Tier is available to eligible individuals in states where
      either the IUR is at least 6.0 percent or the TUR is at least 8.5 percent.
2.    Question: How many weeks of benefits are available in EUC08 Fourth-Tier?
      Answer: EUC08 Fourth-Tier will provide up to 6 additional weeks of benefits to
      individuals who have exhausted all rights to EUC08 Second-Tier and Third-Tier.
3.    Question: When may an individual qualify for the EUC08 Fourth-Tier?
      Answer: An individual may qualify for EUC08 Fourth-Tier only if the individual
      exhausts the EUC08 Third-Tier on or before December 31, 2009, the state is in an
      EUC08 Fourth-Tier period, and the EUC08 program has not ended.
4.    Question: May a state augment an individual’s EUC08 account with EUC08 Fourth-Tier
      as soon as the state enters into an EUC08 Fourth-Tier period?
      Answer: No. The state may only augment an individual’s EUC08 account with Fourth-
      Tier benefits after the individual exhausts EUC08 Third-Tier (or EUC08 Second-Tier, if
      it was paid after EUC08 Third-Tier - see question # 3 under the EUC08 Third-Tier
      section of this Attachment).
5.    Question: When the amount remaining in an individual’s EUC08 Third-Tier account is
      less than the full WBA and the state is in an EUC08 Fourth-Tier period, is EUC08
      Fourth-Tier payable for the same week?
      Answer: Yes. When the amount remaining in an individual’s EUC08 Third-Tier account
      is less than the full WBA, the claimant exhausts that Third-Tier. Therefore, EUC08
      Fourth-Tier is payable for the same week, the week of EUC08 Third-Tier exhaustion.
      EUC08 Fourth-Tier will augment the EUC08 account to allow for the payment of an
      amount equal to the original weekly benefit amount.
6.    Question: How is the individual’s EUC08 Fourth-Tier entitlement affected when the
      state triggers “off” an EUC08 Fourth-Tier period?
      Answer: As with the other EUC08 Tiers, triggering “off” does not affect the individual’s
      remaining EUC08 Fourth-Tier entitlement (the Tier under which benefits are being paid).



      However, no Fourth-Tier payments may be made for any week of unemployment
      beginning after May 31, 2010.
F. Multiple Claims and Order of Payment
1.    Question: If there are two (or more) EUC08 claims, which one is paid first?
      Answer: The oldest EUC08 claim is paid first. The order of payment will follow the
      same rules established in UIPL No. 23-08, Change 1, (see item number D.7). See also
      UIPL No. 23-08, Change 3 - Questions and Answers in Section D about multiple EUC08
      claims.
G. EUC08 Reporting Instructions
1.    Question: What changes will states need to make for EUC08 reporting?
      Answer: EUC08 reporting instructions are unchanged except as described below.
      States should continue to report EUC08 First and Second-Tier activity as they have done
      previously. The first reports on EUC08 Third and Fourth-Tier activity should be
      transmitted by states on the ETA 539 reflecting unemployment for the week ending
      November 14, 2009 and on the November ETA 5159 report due in mid-December 2009.
      a. ETA 5159. Claims and payment activities for EUC08 First and EUC08 Second-Tier,
         which now allow up to 34 weeks of benefits, will continue to be reported as they were
         previously. Claims and payment activities for the new Third and Fourth-Tiers of
         EUC08 will be reported separately in new sections of the ETA 5159. Continued
         weeks claimed should still be reported in aggregate for all tiers in section A, lines
         201, 202 and 203.
         i. EUC08 First-Tier. There should be no changes to EUC08 First-Tier reporting as a
            result of these modifications.
         ii. EUC08 Second-Tier. For those states that have not previously paid EUC08
             Second-Tier benefits, follow existing instructions for EUC08 Second-Tier
             reporting. For those claimants who have already been recorded as having
             received a final payment in the Second-Tier of EUC08, states should not remove
             or modify any prior reporting of final pays when they enhance the Second-Tier as
             described in this UIPL; states should maintain existing final payment data. States
             should report the number of monetary redeterminations that were conducted to
             add the additional week to the Second-Tier separately in the comments section
             and label it as “EUC08 Second-Tier final weeks = ” followed by the number.
         iii. EUC08 Third-Tier. A new Section D, identical to Sections B and C has been
              added to the report. Only data for claimants who received EUC08 First payments
              in the EUC08 Third-Tier should be included in this section. Weeks compensated
              will be reported in columns 34-38 of line 501; benefits paid in columns 34-38 of
              line 502, and EUC08 first and final payments in columns 39-44 of line 503.
              EUC08 first payments will represent the number of claimants who received at
              least one EUC08 Third-Tier payment. Report final payments as the number of
              claimants issued a payment that exhausts their EUC08 Third-Tier entitlement.





   iv. EUC08 Fourth-Tier. A new Section E, which mirrors Sections B, C, and D, has
       been added to the report. Only data for claimants who received EUC08 First
       payments in the EUC08 Fourth-Tier should be included in this section. Weeks
       compensated will be reported in columns 45-49 of line 601; benefits paid in
       columns 45-49 of line 602, and EUC08 first and final payments in columns 50-55
       of line 603. EUC08 first payments will represent the number of claimants who
       received at least one EUC08 Fourth-Tier payment. Report final payments as the
       number of claimants issued a payment that exhausts their EUC08 Fourth-Tier
       entitlement.
b. ETA 539. Total weeks claimed for regular unemployment compensation (UC),
   Unemployment Compensation for Federal Employees (UCFE), and Unemployment
   Compensation for Ex-Servicemembers (UCX) for the EUC08 Third and EUC08
   Fourth-Tier of the EUC08 program for the report period will be reported separately in
   the comments section and labeled as “EUC08 Third-Tier" or “EUC08 Fourth-Tier"
   followed by the number. For example: “EUC08 First-Tier = 239, EUC08 Second-
   Tier = 186, EUC08 Third-Tier = 317, EUC08 Fourth-Tier = 0."
c. ETA 2112. Although benefit payments resulting from the EUC08 expansion will
   continue to be funded by General Revenues (GR), they will NOT be considered
   American Recovery and Reinvestment Act (ARRA) payments. As such, EUC08
   benefits will need to be aligned with the applicable law which mandated the
   payments. To accomplish this, total EUC08 benefit payments on line 39, should be
   broken out in the comments section between ARRA funds and non-ARRA funds.
   The non-ARRA funds should reflect, for example, non-ARRA=$322,000,000, and
   ARRA funds should reflect, for example, ARRA=$110,000,000. EUC08 Third-Tier
   and EUC08 Fourth-Tier benefit payments and any EUC08 Second-Tier benefits are
   not payable under the prior law.
d. UI-3 Worksheet. States will report on Section B. line 12, labeled “Monetary
   Redeterminations,” the count of redeterminations conducted when a claimant’s
   account is enhanced for entitlement for the Second (14th week), Third or Fourth-Tier
   of EUC. This includes monetary redeterminations conducted to add the additional
   week to the Second-Tier.
Office of Management and Budget (OMB) Paperwork Reduction Act. This UIPL does
not change the forms listed above but does change some instructions pertinent to their
use. To the extent these instructions have changed, ETA is seeking OMB clearance
through the Paperwork Reduction Act process for non-substantive changes for ETA
5159 (OMB 1205-0010), ETA 539 (OMB 1205-0028), ETA 2112 (OMB 1205-0154)
and ETA UI-3 (OMB 1205-0132). The ETA 5159 also includes new record lines for
properly categorizing claimant payment activities. Affected parties will be notified of
any changes that may result from this review process.

uipl23-08c5a2.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2009/uipl23-08c5a2.pdf)

                 Attachment B to UIPL No. 23-08—Change 5
        The Worker, Homeownership, and Business Assistance Act of 2009
SECTION 1. SHORT TITLE.
       This Act may be cited as the ‘Worker, Homeownership, and Business Assistance Act of 2009’.
SEC. 2. REVISIONS TO SECOND-TIER BENEFITS.
       (a) In General- Section 4002(c) of the Supplemental Appropriations Act, 2008 (Public Law
       110-252; 26 U.S.C. 3304 note) is amended--
              (1) in paragraph (1)--
                     (A) in the matter preceding subparagraph (A), by striking If and all that follows
                     through paragraph (2)) and inserting At the time that the amount established in
                     an individual's account under subsection (b)(1) is exhausted';
                     (B) in subparagraph (A), by striking 50 percent and inserting 54 percent; and
                     (C) in subparagraph (B), by striking 13 and inserting 14;
              (2) by striking paragraph (2); and
              (3) by redesignating paragraph (3) as paragraph (2).
       (b) Effective Date- The amendments made by this section shall apply as if included in the
       enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be
       payable by virtue of such amendments with respect to any week of unemployment
       commencing before the date of the enactment of this Act.
SEC. 3. THIRD-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.
       (a) In General- 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 new subsection:
       (d) Third-tier Emergency Unemployment Compensation-
              (1) IN GENERAL- If, at the time that the amount added to an individual's account
              under subsection (c)(1) (hereinafter second-tier emergency unemployment
              compensation') is exhausted or at any time thereafter, such individual's State is in an
              extended benefit period (as determined under paragraph (2)), such account shall be
              further augmented by an amount (hereinafter third-tier emergency unemployment
              compensation) equal to the lesser of--
                     (A) 50 percent of the total amount of regular compensation (including
                     dependents' allowances) payable to the individual during the individual's
                     benefit year under the State law; or
                     (B) 13 times the individual's average weekly benefit amount (as determined
                     under subsection (b)(2)) for the benefit year.
              (2) EXTENDED BENEFIT PERIOD- For purposes of paragraph (1), a State shall be
              considered to be in an extended benefit period, as of any given time, if--
                     (A) such a period would then be in effect for such State under such Act if
                     section 203(d) of such Act--



                            (i) were applied by substituting 4 for 5 each place it appears; and
                            (ii) did not include the requirement under paragraph (1)(A) thereof; or
                    (B) such a period would then be in effect for such State under such Act if--
                            (i) section 203(f) of such Act were applied to such State (regardless of
                            whether the State by law had provided for such application); and
                            (ii) such section 203(f)--
                                    (I) were applied by substituting 6.0' for 6.5' in paragraph
                                    (1)(A)(i) thereof; and
                                    (II) did not include the requirement under paragraph (1)(A)(ii)
                                    thereof.
             (3) LIMITATION- The account of an individual may be augmented not more than
             once under this subsection.
      (b) Conforming Amendment to Non-augmentation Rule- Section 4007(b)(2) of the
      Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is
      amended--
             (1) by striking then section 4002(c) and inserting then subsections (c) and (d) of section
             4002; and
             (2) by striking paragraph (2) of such section) and inserting paragraph (2) of such
             subsection (c) or (d) (as the case may be)).
      (c) Effective Date- The amendments made by this section shall apply as if included in the
      enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be
      payable by virtue of such amendments with respect to any week of unemployment
      commencing before the date of the enactment of this Act.
SEC. 4. FOURTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.
      (a) In General- Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-
      252; 26 U.S.C. 3304 note), as amended by section 3(a), is amended by adding at the end the
      following new subsection:
      (e) Fourth-tier Emergency Unemployment Compensation-
             (1) IN GENERAL- If, at the time that the amount added to an individual's account
             under subsection (d)(1) (third-tier emergency unemployment compensation) is
             exhausted or at any time thereafter, such individual's State is in an extended benefit
             period (as determined under paragraph (2)), such account shall be further augmented
             by an amount (hereinafter fourth-tier emergency unemployment compensation) equal
             to the lesser of--
                    (A) 24 percent of the total amount of regular compensation (including
                    dependents' allowances) payable to the individual during the individual's
                    benefit year under the State law; or
                    (B) 6 times the individual's average weekly benefit amount (as determined
                    under subsection (b)(2)) for the benefit year.
             (2) EXTENDED BENEFIT PERIOD- For purposes of paragraph (1), a State shall be


              considered to be in an extended benefit period, as of any given time, if--
                      (A) such a period would then be in effect for such State under such Act if
                      section 203(d) of such Act--
                              (i) were applied by substituting 6 for 5 each place it appears; and
                              (ii) did not include the requirement under paragraph (1)(A) thereof; or
                      (B) such a period would then be in effect for such State under such Act if--
                              (i) section 203(f) of such Act were applied to such State (regardless of
                              whether the State by law had provided for such application); and
                              (ii) such section 203(f)--
                                      (I) were applied by substituting 8.5 for 6.5 in paragraph (1)(A)(i)
                                      thereof; and
                                      (II) did not include the requirement under paragraph (1)(A)(ii)
                                      thereof.
              (3) LIMITATION- The account of an individual may be augmented not more than
              once under this subsection.
       (b) Conforming Amendment to Non-augmentation Rule- Section 4007(b)(2) of the
       Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note), as
       amended by section 3(b), is amended--
              (1) by striking and (d) and inserting , (d), and (e) of section 4002; and
              (2) by striking or (d) and inserting , (d), or (e) (as the case may be)).
       (c) Effective Date- The amendments made by this section shall apply as if included in the
       enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be
       payable by virtue of such amendments with respect to any week of unemployment
       commencing before the date of the enactment of this Act.
SEC. 5. COORDINATION.
       Section 4002 of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C.
       3304 note), as amended by section 4, is amended by adding at the end the following new
       subsection:
       (f) Coordination Rules-
              (1) COORDINATION WITH EXTENDED COMPENSATION- Notwithstanding an
              election under section 4001(e) by a State to provide for the payment of emergency
              unemployment compensation prior to extended compensation, such State may pay
              extended compensation to an otherwise eligible individual prior to any emergency
              unemployment compensation under subsection (c), (d), or (e) (by reason of the
              amendments made by sections 2, 3, and 4 of the Worker, Homeownership, and
              Business Assistance Act of 2009), if such individual claimed extended compensation
              for at least 1 week of unemployment after the exhaustion of emergency unemployment
              compensation under subsection (b) (as such subsection was in effect on the day before
              the date of the enactment of this subsection).
              (2) COORDINATION WITH TIERS II, III, AND IV- If a State determines that


              implementation of the increased entitlement to second-tier emergency unemployment
              compensation by reason of the amendments made by section 2 of the Worker,
              Homeownership, and Business Assistance Act of 2009 would unduly delay the prompt
              payment of emergency unemployment compensation under this title by reason of the
              amendments made by such Act, such State may elect to pay third-tier emergency
              unemployment compensation prior to the payment of such increased second-tier
              emergency unemployment compensation until such time as such State determines that
              such increased second-tier emergency unemployment compensation may be paid
              without such undue delay. If a State makes the election under the preceding sentence,
              then, for purposes of determining whether an account may be augmented for fourth-tier
              emergency unemployment compensation under subsection (e), such State shall treat the
              date of exhaustion of such increased second-tier emergency unemployment
              compensation as the date of exhaustion of third-tier emergency unemployment
              compensation, if such date is later than the date of exhaustion of the third-tier
              emergency unemployment compensation.
SEC. 6. TRANSFER OF FUNDS.
       Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
       U.S.C. 3304 note) is amended by striking Act;' and inserting Act and sections 2, 3, and 4 of the
       Worker, Homeownership, and Business Assistance Act of 2009;.