C.F.R. » Title 20 » CHAPTER V—EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR › PART 615—EXTENDED BENEFITS IN THE FEDERAL-STATE UNEMPLOYMENT COMPENSATION PROGRAM

20 C.F.R. § 615.4

Eligibility requirements for Extended Benefits

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(a) General. An individual is entitled to Extended Benefits for a week of unemployment which begins in the individual's eligibility period if, with respect to such week, the individual is an exhaustee as defined in § 615.5, files a timely claim for Extended Benefits, and satisfies the pertinent requirements of the applicable State law which are consistent with EUCA and this part.

(b) Qualifying for Extended Benefits. The State law shall specify whether an individual qualifies for Extended Benefits by earnings and employment in the base period for the individual's applicable benefit year as required by section 202(a)(5) of EUCA, (and if it does not also apply this requirement to the payment of sharable regular benefits, the State will not be entitled to a payment under § 615.14), as follows:

(1) One and one-half times the high quarter wages; or

(2) Forty times the most recent weekly benefit amount, and if this alternative is adopted, it shall use the weekly benefit amount (including dependents' allowances) payable for a week of total unemployment (before any reduction because of earnings, pensions or other requirements) which applied to the most recent week of regular benefits; or

(3) Twenty weeks of full-time insured employment, and if this alternative is adopted, the term “full-time” shall have the meaning provided by the State law.

Notes of Decisions
Cited in 5 cases, 1979–2015 · leading case: Smith v. Department of Employment Security
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Smith v. Department of Employment Security (1979) vt “695 (1970), see 20 C.F.R. § 615.4 (b) (1978). Section 202(a) (1) of the act provides: For purposes of section 3304(a) (11) of the Internal Revenue Code of 1954, a State law shall provide that payment of extended compensation shall be made, for any week of unemployment which…”
Bishop v. District of Columbia Department of Employment Services (2011) dc “20 C.F.R. § 615.4 (b) (1988) (emphasis added).”
McGuire v. Employment Development Department (2012) calctapp “( 20 C.F.R. § 615.4 (b) (2012); see Bishop v.”
Lang v. Unemployment Ins. Appeals Bd. CA2/6 (2014) calctapp “" ( 20 C.F.R. §§ 615.4 (a), 615.5(a)(1)(i).) An individual ceases to be an exhaustee upon becoming eligible for regular unemployment compensation under any state law.”
Werth v. Employment Department (2015) orctapp “” 20 CFR § 615.4 (a) (2012). Oregon law is consistent with the counterpart federal regulation, 20 CFR § 615.”
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