(1) The purpose of this section of the rules
is to identify certain provisions of federal law which establish requirements
for extended benefits, as described in OCGA Section
and to define certain limitations under state law for payment of such extended
benefits by the department on or after February 17, 2009.
Extended benefits are made available to
unemployment claimants through state unemployment insurance programs pursuant
to requirements of the Federal-State Extended Unemployment Compensation Act of
1970, Public Law 91-373
, Section 201et seq.
, as amended. Said
law establishes certain insured unemployment rate and total unemployment rate
triggers which the states must adopt for the payment of extended
Section 2005 of the
American Recovery and Reinvestment Act of 2009,
, hereinafter referred to as ARRA,
directed the Secretary of Labor to provide instructions to states to identify
new, alternate unemployment rate triggers which states could adopt on a
temporary or permanent basis for payment of extended benefits to individuals
who had exhausted all current eligibility to state unemployment compensation
and federal extended benefits in 2009. Section 2005 of ARRA provides for full
federal funding, also known as 100% federal funding, of the costs of extended
benefits paid by states under the Secretary's instructions.
Alternate Temporary Extended Benefit
In 2009, Georgia enacted the
Georgia Works Job Creation and Protection Act of 2009, Georgia House Bill 581,
Ga. L. 2009, p. 139, Section 9 of which adopted new alternate, temporary
triggers permitted by Section 2005 of ARRA, thereby making extended
unemployment benefits available to eligible individuals under OCGA Code Section
For the purposes of extended benefits authorized under amended Code Section
and in accordance with the intent of the legislature in adopting the permitted
triggers, the legislature stated at OCGA Code Section
This subparagraph shall apply through
the week ending three weeks prior to the last week for which 100 percent
federal funding is authorized and provided pursuant to either Section 2005(a)
or any extension thereof that does not
impose any new condition upon receipt of such federal funding.
Such language is a limitation upon the payment of extended
benefits under the amended Code Section. Extended benefits are only payable
under the provisions cited during such period of time as 100% federal funding,
also known as full federal funding, is available to the state for reimbursement
of extended benefits paid.
(b) In 2011, Georgia enacted Georgia House
Bill 500, Ga. L. 2011, Act 93, Section 1 of which adopted an additional new
alternate, temporary trigger with a three-year look back provision permitted by
Section 2005 of ARRA, as amended, effective until December 31, 2011. Georgia
2011 House Bill 500 provides for retroactive eligibility and payment of weekly
extended benefits to those individuals who establish eligibility from the
effective date of prior Georgia 2009 House Bill 581 until December 31, 2011.
The Commissioner, in his discretion, may direct that payments of extended
benefits be made, without interruption, to all eligible claimants from the date
of the last week of eligibility under OCGA Section
until the first week of payment eligibility under OCGA Section
as amended, subject to the 100 percent federal funding limitation identified in
subparagraph (4)(a) above.
(5) Any future payment period of extended
benefits under OCGA Section
if not specifically authorized by Section 2005 of ARRA or an extension thereof,
shall be made in accordance with the applicable federal and state legislation
authorizing such payment period.
Ga. Comp. R. & Regs. R. 300-2-4-.11
Original Rule entitled "Extended Benefits" adopted. F.
Dec. 6, 2010; eff.
Dec. 26, 2010.
Amended: F. June 1,
2011; eff. June 21, 2011.