SB 52 — EXTENDED UNEMPLOYMENT BENEFITS

SENATEAN BILLACT 52RELATING 55THTO LEGISLATUREUNEMPLOYMENT -STATEOFNEWMEXICO-COMPENSATION; FIRST SESSION, 2021 INTRODUCED BY Bill B.

O'Neill 6 8 10 AN ACT RELATING TO UNEMPLOYMENT COMPENSATION;

145 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e t 17 "51-1-48.

DEFINITIONS--EXTENDED BENEFITS.-- w l n d 18 A.

As used in this section, unless the context = = 19 a l clearly requires otherwise, "extended benefit period" means a i a e r 20 period that:

a t m m 21 (1) begins with the third week after a week d r e 22 for which there is a state "on indicator";

c e s k 23 (2) ends with either of the following weeks, e a n b 24 whichever occurs later:

u [ (a) the third week after the first week .218321.1 for which there is a state "off indicator";

There is a state "on indicator" for this state for a week if the rate of insured unemployment not seasonally SB 52 Page 1 adjusted under this section for the period consisting of that week and the immediately preceding twelve weeks:

or e t 17 (3) equaled or exceeded six percent, w l n d 18 regardless of the rate of insured unemployment in the two = = 19 a l previous years;

provided that the operation of this paragraph i a e r 20 shall not activate the state "on indicator" any time after four a t m m 21 weeks prior to the last week for which one hundred percent d r e 22 federal sharing funding is available under Section 2005(a) of c e s k 23 Public Law No.

111-5, without regard to the extension of e a n b 24 federal sharing for certain claims as provided under Section u [ 2005(c) of that law;

or .218321.1 - 2 - (4) with respect to benefits for weeks of unemployment beginning [afteron Julyor 1,after 2003 and ending four weeks prior to the lasteffective weekdate for which one hundred percent federal sharing funding is available under Section 2005(a) of Publicthis Law2021 No.act:

111-5, without regard to the extension of federal sharing for certain claims as provided under Section 2005(c) of that law] on or after the effective date of this 2021 act:

and SB 52 Page 2 (b) the average rate of total unemployment in this state, seasonally adjusted, as determined e t 17 by the United States secretary of labor, for the three-month w l n d 18 period referred to in Subparagraph (a) of this paragraph, = = 19 a l equals or exceeds one hundred ten percent of such average [1)] i a e r 20 for either or both of the corresponding three-month periods a t m m 21 ending in the two preceding calendar yearsyears. [or 2) for weeks of d r e 22 unemployment beginning after December 17, 2010 and ending c e s k 23 before December 31, 2011, for any or all of the corresponding e a n b 24 three-month periods ending in the three preceding calendar u [ years].

.218321.1 - 3 - C.

or e t 17 (3) thirty-nine times the individual's average w l n d 18 weekly benefit amount that was payable to the individualSB =52 =Page 193 aindividual l pursuant to this section for a week of total unemployment in i a e r 20 the applicable benefit year, reduced by the total amount of a t m m 21 regular benefits that were paid, or deemed paid, to the d r e 22 individual pursuant to this section with respect to the benefit c e s k 23 year;

provided that the amount determined pursuant to this e a n b 24 paragraph shall be reduced by the total amount of additional u [ benefits paid, or deemed paid, to the individual under the .218321.1 - 4 - provisions of this section for weeks of unemployment in the individual's benefit year that began prior to the effective date of the extended benefit period that is current in the week for which the individual first claims extended benefits;

Effective with respect to weeks beginning in a high-unemployment period, the total extended benefit amount e t 17 payable to an eligible individual with respect to the wSB l52 nPage d4 18 applicable benefit year shall be the least of the following = = 19 a l amounts:

i a e r 20 (1) eighty percent of the total amount of a t m m 21 regular benefits that were payable to the individual pursuant d r e 22 to this section in the individual's applicable benefit year;

c e s k 23 (2) twenty times the individual's average e a n b 24 weekly benefit amount that was payable to the individual u [ pursuant to this section for a week of total unemployment in .218321.1 - 5 - the applicable benefit year;

and provided further, if the benefit year of an individual ends within an extended benefit period, the remaining balance of the e t 17 extended benefits that SB 52 Page 5 the individual would, but for this w l n d 18 paragraph, be entitled to receive in that extended benefit = = 19 a l period, with respect to weeks of unemployment beginning after i a e r 20 the end of the benefit year, shall be reduced, but not below a t m m 21 zero, by the product of the number of weeks for which the d r e 22 individual received any amounts as readjustment allowances c e s k 23 within that benefit year multiplied by the individual weekly e a n b 24 benefit amount for extended benefits.

u [ F.

For purposes of Subsection E of this section, .218321.1 - 6 - "high-unemployment period" means a period during which an extended benefit period would be in effect if Paragraph (4) of Subsection B of this section were applied by substituting "eight percent" for "six and one-half percent".

by eSB t52 17Page 6 (b) the average monthly employment w l n d 18 covered under the Unemployment Compensation Law for the first = = 19 a l four of the most recent six completed calendar quarters ending i a e r 20 before the end of such thirteen-week period;

a t m m 21 (2) "regular benefits" means benefits payable d r e 22 to an individual under the Unemployment Compensation Law or c e s k 23 under any other state law, including benefits payable to e a n b 24 federal civilian employees and to ex-servicemen pursuant to u [ 5 U.S.C., Chapter 85, other than extended benefits;

.218321.1 - 7 - (3) "extended benefits" means benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C., Chapter 85, payable to an individual under the provisions of this section for weeks of unemployment in the individual's eligibility period;

(a) has received, prior to such week, all of the regular benefits that were available to the SB 52 Page 7 individual under the Unemployment Compensation Law or any other e t 17 state law, including dependent's allowance and benefits payable w l n d 18 to federal civilian employees and ex-servicemen under 5 U.S.C., = = 19 a l Chapter 85, in the individual's current benefit year that i a e r 20 includes such week;

provided that, for the purposes of this a t m m 21 subparagraph, an individual shall be deemed to have received d r e 22 all of the regular benefits that were available to the c e s k 23 individual, although, as a result of a pending appeal with e a n b 24 respect to wages that were not considered in the original u [ monetary determination in the individual's benefit year, the .218321.1 - 8 - individual may subsequently be determined to be entitled to added regular benefits;

and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada, but if the individual is seeking such benefits and the appropriate SB 52 Page 8 agency finally determines that the individual is not entitled to e t 17 benefits under such law, the individual is considered an w l n d 18 exhaustee;

and = = 19 a l (6) "state law" means the unemployment i a e r 20 insurance law of any state, approved by the United States a t m m 21 secretary of labor under Section 3304 of the Internal Revenue d r e 22 Code of 1986." cSB e52 sPage k9 23 - 9 -25 e a n b 24 u [ .218321.1