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      RS 23:1606     

  

            NOTE: §1606 eff. Jan. 1, 2025. See Acts 2024, No. 412, §1.

§1606. Extended benefits for training; definitions; eligibility; weekly extended benefit amount; total extended benefit amount; termination of extended benefits

            A. For the purposes of this Section, the following terms have the meanings ascribed to them:

            (1) "Eligibility period of an individual" means the period consisting of the weeks in an individual's benefit year which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.

            (2) "Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period, either:

            (a) The individual has received, prior to such week, all of the regular benefits that were available to him in accordance with this Chapter or any other unemployment insurance law of any state approved by the United States secretary of labor pursuant to the Internal Revenue Code of 1954, 26 U.S.C. §3304, including dependent's allowances and benefits payable to federal civilian employees and ex-servicemen pursuant to 5 U.S.C. Chapter 85, in his current benefit year that includes such week. For the purposes of this Paragraph, an individual shall be considered to have received all of the regular benefits that were available to him as a result of a pending appeal with respect to wages or employment, or both, that were not considered in the original monetary determination in his benefit year. The individual may subsequently be determined to be entitled to added regular benefits.

            (b) His benefit year having expired prior to such week, has no wages, or has insufficient wages or employment, or both, on the basis of which the individual could establish a new benefit year that would include such week if all of the following apply:

            (i) The individual has no right to unemployment insurance benefits or allowances, as the case may be, pursuant to the Railroad Unemployment Insurance Act, 45 U.S.C. 351 et seq., or under such other federal laws as are specified in regulations issued by the United States secretary of labor.

            (ii) The individual has not received and is not seeking unemployment insurance benefits under the unemployment insurance law of Canada or the United States Virgin Islands, but if the individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under such law, the individual shall be considered an exhaustee if the other provisions of this Paragraph are met. An unemployment compensation law submitted to the secretary of the United States Virgin Islands for approval shall be effective on the day after the day on which the United States secretary of labor approves such law pursuant to the Internal Revenue Code of 1954, 26 U.S.C. 3304(a).

            (3) "Extended benefits" means benefits payable to an individual under the provisions of this Section for weeks of unemployment in his eligibility period.

            (4) "Extended benefit period" means a period which begins upon exhaustion of regular unemployment benefits and ends upon the exhaustion or disqualification for extended benefits pursuant to this Section.

            (5) "Regular benefits" means benefits payable to an individual in accordance with this Chapter or in accordance with the unemployment insurance law of any state, approved by the United States secretary of labor pursuant to the Internal Revenue Code of 1954, 26 U.S.C. 3304, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. Chapter 85, other than extended benefits.

            B. An individual shall be eligible to receive extended benefits with respect to any week of unemployment in his eligibility period, only if the administrator finds that with respect to such week all of the following apply:

            (1) The individual is an exhaustee as defined in this Section.

            (2) The individual is enrolled and participating in an approved training program as provided in R.S. 23:1602 at the time that his regular benefits are exhausted.

            C. The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount determined pursuant to R.S. 23:1592 payable to him during his benefit year with respect to when the individual last became an exhaustee.

            D. The total extended benefit amount payable to any eligible individual with respect to any one benefit year shall be eight times his weekly benefit amount which was payable to him in accordance with this Chapter for a week of total unemployment in such benefit year.

            E. Except when the result would be inconsistent with the provisions of this Section and as provided in the regulation of the administrator, the provisions of this Chapter which apply for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.

            F. An individual shall not be eligible for extended benefits for any week if the administrator determines that the individual is no longer enrolled or participating in the training program or the individual has completed the training program.

            Acts 2024, No. 412, §1, eff. Jan. 1, 2025.



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