As used in this chapter, unless
the context clearly indicates otherwise:
(1) "Extended benefit period" means a period which:
(a) Begins with the third week after a week for which there
is an "on" indicator; and
(b) Ends with the third week after the first week for which
there is an "off" indicator: PROVIDED, That no extended benefit
period shall last for a period of less than thirteen consecutive
weeks, and further that no extended benefit period may begin by
reason of an "on" indicator before the fourteenth week after the
close of a prior extended benefit period which was in effect with
respect to this state.
(2) There is an "on" indicator for this state for a week if
the commissioner determines, in accordance with the regulations
of the United States secretary of labor, that for the period
consisting of such week and the immediately preceding twelve
weeks:
(a) The rate of insured unemployment, not seasonally
adjusted, equaled or exceeded one hundred twenty percent of the
average of such rates for the corresponding thirteen-week period
ending in each of the preceding two calendar years and equaled or
exceeded five percent; or
(b) For benefits for weeks of unemployment beginning after
March 6, 1993:
(i) The average rate of total unemployment, seasonally
adjusted, as determined by the United States secretary of labor,
for the period consisting of the most recent three months for
which data for all states are published before the close of the
week equals or exceeds six and one-half percent; and
(ii) The average rate of total unemployment in the state,
seasonally adjusted, as determined by the United States secretary
of labor, for the three-month period referred to in (b)(i) of
this subsection, equals or exceeds one hundred ten percent of the
average for either or both of the corresponding three-month
periods ending in the two preceding calendar years.
(3) "High unemployment period" means any period of
unemployment beginning after March 6, 1993, during which an
extended benefit period would be in effect if:
(a) The average rate of total unemployment, seasonally
adjusted, as determined by the United States secretary of labor,
for the period consisting of the most recent three months for
which data for all states are published before the close of the
week equals or exceeds eight percent; and
(b) The average rate of total unemployment in the state,
seasonally adjusted, as determined by the United States secretary
of labor, for the three-month period referred to in (a) of this
subsection, equals or exceeds one hundred ten percent of the
average for either or both of the corresponding three-month
periods ending in the two preceding calendar years.
(4) There is an "off" indicator for this state for a week
only if, for the period consisting of such week and immediately
preceding twelve weeks, none of the options specified in
subsection (2) or (3) of this section result in an "on"
indicator.
(5) "Regular benefits" means benefits payable to an
individual under this title or under any state law (including
benefits payable to federal civilian employees and to
ex-servicemen pursuant to 5 U.S.C. chapter 85) other than
extended benefits or additional benefits.
(6) "Extended benefits" means benefits payable for weeks of
unemployment beginning in an extended benefit period to an
individual under this title or under any state law (including
benefits payable to federal civilian employees and to
ex-servicemen pursuant to 5 U.S.C. chapter 85) other than regular
or additional benefits.
(7) "Additional benefits" are benefits totally financed by
the state and payable under this title to exhaustees by reason of
conditions of high unemployment or by reason of other special
factors.
(8) "Eligibility period" of an individual means:
(a) The period consisting of the weeks in his or her benefit
year which begin in an extended benefit period that is in effect
in this state and, if his or her benefit year ends within such
extended benefit period, any weeks thereafter which begin in such
period; or
(b) For an individual who is eligible for emergency
unemployment compensation during the extended benefit period
beginning February 15, 2009, the period consisting of the week
ending February 28, 2009, through the week ending May 29, 2010.
(9) "Additional benefit eligibility period" of an individual
means the period consisting of the weeks in his or her benefit
year which begin in an additional benefit period that is in
effect and, if his or her benefit year ends within such
additional benefit period, any weeks thereafter which begin in
such period.
(10) "Exhaustee" means an individual who, with respect to
any week of unemployment in his or her eligibility period:
(a) Has received, prior to such week, all of the regular
benefits that were payable to him or her under this title or any
other state law (including dependents' allowances and regular
benefits payable to federal civilian employees and ex-servicemen
under 5 U.S.C. chapter 85) in his or her current benefit year
that includes such week; or
(b) Has received, prior to such week, all of the regular
benefits that were available to him or her under this title or
any other state law (including dependents' allowances and regular
benefits available to federal civilian employees and
ex-servicemen under 5 U.S.C. chapter 85) in his or her current
benefit year that includes such week, after the cancellation of
some or all of his or her wage credits or the total or partial
reduction of his or her rights to regular benefits: PROVIDED,
That, for the purposes of (a) and (b), an individual shall be
deemed to have received in his or her current benefit year all of
the regular benefits that were payable to him or her, or
available to him or her, as the case may be, even though:
(i) As a result of a pending appeal with respect to wages or
employment, or both, that were not included in the original
monetary determination with respect to his or her current benefit
year, he or she may subsequently be determined to be entitled to
more regular benefits; or
(ii) By reason of the seasonal provisions of another state
law, he or she is not entitled to regular benefits with respect
to such week of unemployment (although he or she may be entitled
to regular benefits with respect to future weeks of unemployment
in the next season, as the case may be, in his or her current
benefit year), and he or she is otherwise an exhaustee within the
meaning of this section with respect to his or her right to
regular benefits under such state law seasonal provisions during
the season or off season in which that week of unemployment
occurs; or
(iii) Having established a benefit year, no regular benefits
are payable to him or her during such year because his or her
wage credits were canceled or his or her right to regular
benefits was totally reduced as the result of the application of
a disqualification; or
(c) His or her benefit year having ended prior to such week,
he or she has insufficient wages or employment, or both, on the
basis of which he or she could establish in any state a new
benefit year that would include such week, or having established
a new benefit year that includes such week, he or she is
precluded from receiving regular benefits by reason of the
provision in RCW 50.04.030 which meets the requirement of section
3304(a)(7) of the Federal Unemployment Tax Act, or the similar
provision in any other state law; and
(d)(i) Has no right for such week to unemployment benefits
or allowances, as the case may be, under the Railroad
Unemployment Insurance Act, the Trade Expansion Act of 1962, and
such other federal laws as are specified in regulations issued by
the United States secretary of labor; and
(ii) Has not received and is not seeking for such week
unemployment benefits under the unemployment compensation law of
Canada, unless the appropriate agency finally determines that he
or she is not entitled to unemployment benefits under such law
for such week.
(11) "State law" means the unemployment insurance law of any
state, approved by the United States secretary of labor under
section 3304 of the internal revenue code of 1954.
[2009 c 493 § 4; 1993 c 483 § 15; 1985 ex.s. c 5 § 10; 1983 c 1 § 1; 1982 1st ex.s. c 18 § 2; 1981 c 35 § 7; 1977 ex.s. c 292 § 11; 1973 c 73 § 7; 1971 c 1 § 2.]
NOTES:
Effective date -- 2009 c 493 § 4: "Section 4 of this act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 14, 2009]." [2009 c 493 § 7.]
Conflict with federal requirements -- 2009 c 493: See note following RCW 50.29.021.
Effective dates, applicability -- Conflict with federal requirements -- Severability -- 1993 c 483: See notes following RCW 50.04.293.
Conflict with federal requirements -- Severability -- 1985 ex.s. c 5: See notes following RCW 50.62.010.
Severability -- Conflict with federal requirements -- 1982 1st ex.s. c 18: See notes following RCW 50.12.200.
Severability -- 1981 c 35: See note following RCW 50.22.030.
Application -- 1977 ex.s. c 292 § 11: "The provisions of section 11 of this 1977 amendatory act shall apply to the week ending May 21, 1977, and all weeks thereafter." [1977 ex.s. c 292 § 25.]
Effective dates -- 1977 ex.s. c 292: See note following RCW 50.04.116.
Effective dates -- 1973 c 73: See note following RCW 50.04.030.
Emergency -- Effective date -- 1971 c 1: "This 1971 amendatory act is necessary for the immediate preservation of the public peace, health and safety, the support of the state government and its existing public institutions, and shall take effect on the Sunday following the day on which the governor signs this enactment [January 17, 1971]." [1971 c 1 § 11.]
Repealer -- Effect as to benefits -- 1971 c 1: "Section 23, chapter 2, Laws of 1970 ex. sess. and RCW 50.20.127 are each hereby repealed. No benefits shall be paid pursuant to RCW 50.20.127 for weeks commencing on or after the effective date of this 1971 amendatory act." [1971 c 1 § 10.]