Ga. Comp. R. & Regs. R. 300-2-4-.11 - Extended Benefits

Current through Rules and Regulations filed through April 4, 2022

(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 34-8-197, and to define certain limitations under state law for payment of such extended benefits by the department on or after February 17, 2009.
(2) 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 benefits.
(3) Section 2005 of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, 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.
(4) Alternate Temporary Extended Benefit Triggers.
(a) 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 34-8-197. For the purposes of extended benefits authorized under amended Code Section 34-8-197 and in accordance with the intent of the legislature in adopting the permitted triggers, the legislature stated at OCGA Code Section 34-8-197(a)(3)(B)(ii):
(ii) 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) of Public Law 111-5 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 34-8-197(a)(3)(B)(i) until the first week of payment eligibility under OCGA Section 34-8-197(a)(3)(B)(ii), 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 34-8-197, 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.

Notes

Ga. Comp. R. & Regs. R. 300-2-4-.11
O.C.G.A. Secs. 34-8-70, 34-8-197.
History: Original Rule entitled "Extended Benefits" adopted. F. Dec. 6, 2010; eff. Dec. 26, 2010. Amended: F. June 1, 2011; eff. June 21, 2011.

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