total amount in a claimant's extended compensation account determined pursuant to § 615.5(b);

(4) Determinations, redeterminations, appeals, and review;

(5) The week for which compensation is paid, i.e., flexible, calendar or other statutory week;

(6) Ability to work, availability for work and search for work, and

(7) Disqualifications.

(b) The State statute or regulations shall specify those of its terms and conditions not applicable to claims for, or payment of, extended compensation. Among such terms and conditions shall be at least those relating to

(1) Any waiting period;

(2) Monetary or other qualifying requirements and such requalifying requirements as are necessary to meet the requirements of 3304(a) (7) of the Internal Revenue Code of 1954, and

(3) Computation of weekly and total regular compensation.

§ 615.10 Effect of disqualification for regular compensation on entitlement to extended compensation.

If the week of unemployment for which an individual claims extended compensation is a week to which a disqualification for regular benefits applies, or would apply but for the fact that the individual has exhausted his rights to such compensation, the individual shall not be entitled to extended compensation for that week.

[37 F.R. 9780, May 17, 1972]

Section 3303(a)(1) of the Internal Revenue Code of 1954 does not require that extended compensation paid to an individual be charged to the experience rating account of his employer(s) The State law may, however, consistently with section 3303(a)(1), require the charging of extended compensation paid to an individual, and if it does, it may provide for charging all or any portion of such compensation paid. Sharable regular compensation must be charged as all other regular compensation is charged under the State law.

§ 615.12 Employer's reimbursement of extended compensation.

The State law shall require an employer to reimburse the State fund for 50 percent of any sharable compensation paid to an individual that is attributable

under the State law to service with such employer if the employer, consistently with the requirements of section 3303 of the Internal Revenue Code of 1954, is reimbursing the State fund with respect to such service.

§ 615.13

Determination of national and State indicators.

(a) There is a national "on" indicator for a week if the Secretary determines that for each of the three most recent completed calendar months ending be fore such week, the total rate of insured unemployment (seasonally adjusted) for all States equaled or. exceeded 4.5 percent.

(b) There is a national "off" indicator for a week if the Secretary determines that for each of the three most recent completed calendar months ending before such week, the total rate of insured unemployment (seasonally adjusted) for all States was less than 4.5 percent.

(c) There is a State "on" indicator for a State for a week if the head of the State agency determines, in accordance with § 615.14(b), that for the period consisting of such week and the immediately preceding 12 weeks, the total rate of insured unemployment (not seasonally adjusted)

(1) Equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week period in each of the preceding 2 calendar years, and

(2) Equaled or exceeded 4 percent. (d) There is a State "off" indicator for a State for a week if the head of the State agency determines, in accordance with § 615.14(b), that for the period consisting of such week and the immediately preceding 12 weeks, the total rate of insured unemployment (not seasonally adjusted) —

(1) Was less than 120 percent of the average of such rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, or

(2) Was less than 4 percent. Provided, however, That if a State by law so provides, an "off" indicator in the State resulting from the application of subparagraph (1) of this paragraph may be disregarded and the determination of whether there has been a State "off" indicator ending any extended benefit period shall be made under this section as if it did not contain subparagraph (1) of this paragraph; if there is no such State "off" indicator, the extended benefit period shall be deemed to continue and ex

tended compensation shall be payable in the State of individuals entitled thereto but only for weeks of unemployment beginning after October 27, 1972 (or, if later, the date established pursuant to State law) and beginning before July 1, 1973; if there is such State "off" indicator, the extended benefit period shall end as provided in § 615.15(b): Provided further, That with respect to extended compensation for weeks of unemployment beginning after June 30, 1973, the determination of whether there has been a State "off" indicator ending any extended benefit period shall be made by the application of subparagraphs (1) and (2) of this paragraph.

(e) Within ten (10) calendar days after the end of any week with respect to which the head of a State agency has determined that there is an "on" indicator or an "off" indicator in his State by reason of which an extended benefit period will begin or end in his State, as the case may be, he shall notify the Secretary of his determination. Such notice shall state clearly the State agency head's determination of the specific week for which there is a State "on" indicator or "off" indicator, as the case may be, and the week which begins an extended benefit period under the State law or ends such an extended benefit period, whichever is appropriate. Such notice shall include also the State agency head's findings of the volume and rates of insured unemployment and the average monthly covered employment for the appropriate periods that support his determination, unless such findings have been furnished previously or are being furnished simultaneously to the Secretary on Form No. ETA 5-39, a regular report required pursuant to § 615.18, in either of which cases such findings may be incorporated in the notice by reference to the specific Form No. ETA 5-39 which contains the findings.

[37 FR 9780, May 17, 1972, as amended at 37 FR 23835, Nov. 9, 1972]

numerator of which will be the sum of (i) the weekly average number of weeks of regular compensation claimed in all States as reported to the Secretary by all State agencies on regular reports required pursuant to § 615.18, adjusted by the seasonal adjustment factor or factors applicable to the month, and (ii) the weekly average number of weeks of additional and extended compensation claimed in all States as reported to the Secretary by all State agencies on regular reports required pursuant to § 615.18, not seasonally adjusted, and the denominator of which will be the average monthly covered employment in all States as reported to the Secretary by all State agencies for the first four of the last six calendar quarters ending before each month.

(2) The total rate of insured unemployment for any month, seasonally adjusted, shall be the quotient derived from the use of the fraction for the month as provided in subparagraph (1) of this paragraph, computed to four decimal places and not otherwise rounded.

(3) The seasonal adjustment factor or factors to be used for a month shall be the latest applicable seasonal adjustment factor or factors for the month developed by the Bureau of Labor Statistics, U.S. Department of Labor, and published in the FEDERAL REGISTER.

(b) State "on" and "off" indicators. (1) The head of the State agency shall determine the "total rate of insured unemployment" for purposes of the State "on" and "off" indicators. In making such determination he shall use a fraction, the numerator of which will be the weekly average number of weeks claimed in the State for the 13-week period ending with the week for which the determination is made (not seasonally adjusted) and the denominator of which will be the average monthly employment covered under the State law for the first four of the last six calendar quarters ending before the close of the 13-week period. The quotient obtained is to be computed to four decimal places and is not to be otherwise rounded.

(2) The rate for the most recent 13week period is to be devided by the average of the rates for the corresponding 13-week periods in each of the 2 prior years to determine whether the rate is equal to 120 percent of the average rate for the 2 years. The quotient obtained is to be computed to four decimal places and is not to be otherwise rounded. The

average of the rates for the corresponding 13-week periods in each of the 2 prior years will be one-half the sum of such rates for such period computed to four decimal places and not otherwise rounded.

(3) For the purpose of determining the corresponding 13-week period ending in each of the preceding two calendar years:

(1) Each calendar week shall be identifled by the date (calendar month and day of the month) on which it ends;

(ii) For any specific calendar week, the date of the comparable week in the immediately preceding calendar year shall be determined by adding (1) to the date of the end of such specific week or by adding two (2) if:

(a) The date of the end of the specific week is February 29; or

(b) A February 29 intervenes between. (1) The beginning date of the week in which occurs the date established by the addition of one (1) to the ending date of the specific week, and

(2) The ending date of the specific week.

(iii) For any specific calendar week, the ending date of the comparable week in the second preceding calendar year shall be determined by adding two (2) to the end date of the specific week or by adding three (3) if:

(a) The ending date of the specific week is February 29; or

(b) A February 29 intervenes between. (1) The beginning date of the week in which occurs the date established by the addition of two (2) to the ending date of the specific week, and

(2) The ending date of the specific week.

(c) For both national and State indicators. In determining the "weekly average number of weeks claimed" for any period the State agency shall—

(1) Count weeks claimed in continued claims (including interstate claims filed in the State) for total, partial or parttotal unemployment for regular, extended, or additional compensation, and shall exclude claims filed under 5 U.S.C. chapter 85 (UCFE/UCX) and interstate claims filed against the State as liable State; and

(2) Adjust, in accordance with Part III of the "Employment Security Manual," section 2015, the weekly average number of weeks claimed in a State to eliminate distortions or fluctuations in

the volume of weekly claims due to such factors as rescheduling a claimant's reporting day when it falls on a holiday or when the agency shifts from a weekly to a biweekly reporting system, or to delayed receipt of mail claims.

(3) The determination of the "average monthly employment for the first four of the last six completed calendar quarters covered under a State law" shall be based on the employment data submitted by a State agency on regular reports required pursuant to § 615.18, which data shall not include Federal civilian and military employment. After covered employment data for any quarter have been used to calculate a rate of insured unemployment under the provisions of the Act, such data shall not after such use be changed for the purpose of that calculation or of any calculation for any subsequent quarter.

[36 FR 46, Jan. 5, 1971, as amended at 37 FR 9781, May 17, 1972; 37 FR 28619, Dec. 28, 1972) § 615.15 Extended benefit period: beginning and ending.

(a) An extended benefit period in a State shall begin on the first day of the third calendar week after whichever of the following occurs first:

(1) A week for which there is a na. tional "on" indicator, or

(2) A week for which there is an "on" indicator in that State.

(b) An extended benefit period in a State shall end on the last day of the third week after the first week for which there is both a national and a State "off" indicator in that State. An extended benefit period established in a State prior to January 1, 1972, may be terminated before that date solely on the basis of a State "off" indicator in that State.

(c) Notwithstanding the provisions of paragraph (b) of this section, an extended benefit period which becomes effective in any State shall continue for not less than 13 consecutive weeks.

(d) In the case of any State no extended benefit period may begin by reason of a State "on" indicator before the 14th week after the close of a prior extended benefit period with respect to such State.

(e) "Week" for the purpose of determining whether a State or national "on" or "off" indicator occurs means a cal endar week beginning at 12:01 a.m. Sunday and ending 12 p.m. on the following Saturday.

515.16

Announcement of the beginning and ending of an extended benefit period; notices to individuals. (a) Immediately after the Secretary termines that there is a national "on" dicator or that there is a national "off" dicator he shall publish in the FEDERAL EGISTER a notice of such determination. addition to stating the Secretary's dermination with respect to the national dicator, such notice shall designate the ginning or ending date, as the case may , of an extended benefit period for all ates. If an extended benefit period conues beyond such ending date in a State reason of a State indicator, such noce shall list all such States. The Secrery shall also notify appropriate news edia and the heads of all State agencies his determination of any national “on” "off" indicator and of its effect. (b) Upon receipt of the notice required

615.13(e), the Secretary shall pubsh in the FEDERAL REGISTER a notice of e State agency head's determination at there is an "on" indicator or an off" indicator in his State, as the case ay be, the name of the State and the eginning or ending date of the extended enefit period, whichever is appropriate. Ehe Secretary shall also notify approriate news media and the heads of all ther State agencies of the State agency Bead's determination of such State "on" r "off" indicator and of its effect.

(c) Whenever a State agency head deDermines that there is an "on" indicator In his State by reason of which an exended benefit period will begin in his State or an "off" indicator by reason of which an extended benefit period in his State will end, he shall promptly anounce his determination through appropriate news media in the State. Such announcement shall include the beginning or ending date of the extended benefit period, whichever is appropriate. In the case of an extended benefit period that is about to begin, the announcement shall also describe clearly what unemployed individuals may be eligible for extended compensation during the extended benefit period.

(d) (1) Whenever there has been a determination that an extended benefit period will begin with respect to a State, the State agency shall provide prompt written notice of his potential entitlement to extended compensation to each individual who has established a benefit year in the State that will not expire

prior to the beginning of the extended benefit period and who exhausted his regular compensation before the beginning of the extended benefit period.

(2) The State agency shall provide such notice promptly to each individual who exhausts his regular compensation during an extended benefit period.

(3) Whenever there has been a determination that an extended benefit period will end with respect to a State, the State agency shall provide prompt written notice to each individual who is currently filing claims for extended compensation of the forthcoming end of the extended benefit period and its effect on his right to compensation.

[36 F.R. 46, Jan. 5, 1971, as amended 37 F.R. 9781, May 17, 1972]

§ 615.17 Payment to States.

(a) Sharable compensation to individuals covered by State law. (1) Except as provided in subparagraph (3) of this paragraph and in paragraph (b) of this section

(i) The Secretary shall promptly reImburse each State which has paid sharable compensation to individuals covered by the State law an amount representing one-half of the amount of such sharable compensation paid under the State law during any calendar month.

(ii) The Secretary may instead, when he deems it necessary, advance to a State such amount as he estimates will represent one-half of the sharable compensation to be paid under the State law for a calendar month or fraction thereof, reduced or increased, as the case may be, by any amount by which the Secretary finds that a previous advance for any prior calendar month or fraction thereof was greater or less than was necessary for the purpose of paying sharable compensation.

(2) Any payments to a State pursuant to subparagraph (1) of this paragraph shall be made by a transfer from the extended unemployment compensation account in the Unemployment Trust Fund to the account of the State in such fund.

(3) The Secretary shall make no payment to a State under this paragraph in respect of sharable compensation for which the State is entitled to reimbursement under the provisions of any Federal law other than the Act.

(b) Extended compensation to individuals covered by 5 U.S.C. chapter 85.

(1) The Secretary shall pay to each State as provided in 5 U.S.C. 8505 an amount equal to the additional cost of extended compensation paid to Federal civilian workers and ex-servicemen pursuant to 5 U.S.C. Chapter 85.

(2) Any payments to a State pursuant to subparagraph (1) of this paragraph shall be made out of appropriations for the payment of unemployment compensation to Federal civilian workers and exservicemen pursuant to 5 U.S.C. Chapter

85.

(c) Combined wage credits. Where regular compensation exhausted by an individual or sharable regular compensation was based on combined wage credits earned in more than one State, any payment required by paragraph (a) or (b) of this section shall be made only to the State which paid the compensation with respect to which the payment is made to the individual.

(d) Interstate benefits. Where sharable compensation is paid to an individual under the provisions of the Interstate Benefits Payment Plan, any payment required by paragraph (a) or (b) of this section shall be made only to the liable State.

§ 615.18 Information, reports and studies.

State agencies are required to furnish to the Secretary such information and reports and to make such studies as be finds necessary or appropriate for carrying out the purposes of the Act.

As required by section 3304(a) (9) (B), this arrangement has been developed in consultation with the State unemployment compensation agencies. For purposes of such consultation in its formulation and any future amendment the Secretary recognizes, as agents of the State agencies, the duly designated representatives of the Interstate Conference of Employment Security Agencies. § 616.3 Interstate cooperation.

Each State agency will cooperate with every other State agency by implementing such rules, regulations, and procedures as may be prescribed for the operation of this arrangement. Each State agency shall identify the paying and the transferring State with respect to Combined-Wage Claims filed in its State. § 616.4 Rules, regulations, procedures, forms-resolution of disagreements.

All State agencies shall operate in accordance with such rules, regulations, and procedures, and shall use such forms, as shall be prescribed by the Secretary in consultation with the State unemployment compensation agencies. All rules. regulations, and standards prescribed by the Secretary with respect to intrastate claims will apply to claims filed under this arrangement unless they are clearly inconsistent with the arrangement. The Secretary shall resolve any disagreement between State agencies concerning the operation of the arrangement, with the advice of the duly designated representatives of the State agencies. § 616.5

Effective date.

This arrangement shall apply to all new claims (to establish a benefit year) filed under it after December 31, 1971.