52-07.1-03. Definitions
In this chapter, unless the context or subject matter otherwise requires:
1. "Additional benefits" means benefits payable to exhaustees by reasons of conditions
of high unemployment or by reason of other special factors under the provisions of any
state law.
2. "Eligibility period" of an individual means the period consisting of the weeks in the
individual's benefit year which begin in an extended period and, if the individual's
benefit year ends within such extended benefit period, any weeks thereafter which
begin in such period.
3. "Exhaustee" means an individual who, with respect to any week 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 individual under chapter 52-06 or any other state law, including dependents'
allowances and benefits payable to federal civilian employees and ex-servicemen
under 5 U.S.C. chapter 85, in the individual's current benefit year that includes
such week; provided, that for the purposes of this subdivision, an individual shall
be deemed to have received all of the regular benefits that were available to the
individual, although, as a result of a pending appeal with respect to wages that
were not considered in the original monetary determination in the individual's
benefit year, the individual may subsequently be determined to be entitled to
added regular benefits;
b. Having established a benefit year, no regular compensation is payable to the
individual during such year because the individual's wage credits were canceled
or the individual's right to regular compensation was totally reduced as the result
of the application of a disqualification;
c. Has a benefit year which has expired prior to such week and has insufficient
wages or employment or both on the basis of which the individual 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, the individual is
precluded from receiving regular compensation by reason of a state law provision
which requires that an individual who has received benefits during a benefit year
must have had work since the beginning of such year in order to qualify for
benefits in the individual's next benefit year; or
d. Has no right to unemployment benefits or allowances, as the case may be, under
the Railroad Unemployment Insurance Act [52 Stat. 1094; 45 U.S.C. 351 et seq.],
the Trade Expansion Act of 1962 [Pub. L. 87-794; 76 Stat. 872; 19 U.S.C. 1801 et
seq.], the Automotive Products Trade Act of 1965 [Pub. L. 89-283; 79 Stat. 1016;
19 U.S.C. 2001 et seq.], and such other federal laws as are specified in
regulations issued by the United States secretary of labor; and has not received
and is not seeking unemployment benefits under the unemployment
compensation law of the Virgin Islands or of Canada; but if the individual is
seeking such benefits and the appropriate agency finally determines that the
individual is not entitled to benefits thereunder, the individual must be considered
an exhaustee.
4. "Extended benefit period" means a period which begins with the third week after a
week for which there is a state "on" indicator; and ends with either of the following
weeks, whichever occurs later: the third week after the first week for which there is a
state "off" indicator; or the thirteenth consecutive week of such period; provided, that
no extended benefit period may begin by reason of a state "on" indicator before the
fourteenth week following the end of a prior extended benefit period which was in
effect with respect to this state.
5. "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 chapter for weeks of unemployment in the
individual's eligibility period.
6. Repealed by S.L. 1983, ch. 541, § 8.
7. Repealed by S.L. 1983, ch. 541, § 8.
8. "Rate of insured unemployment", for purposes of subsections 11 and 12, means the
percentage derived by dividing:
a. The average weekly number of individuals filing claims for regular compensation
in this state for weeks of unemployment with respect to the most recent
thirteen-consecutive-week period, as determined by the bureau on the basis of its
reports to the United States secretary of labor, by
b. The average monthly employment covered under the North Dakota
unemployment compensation law for the first four of the most recent six
completed calendar quarters ending before the end of such thirteen-week period.
Computations provided for in this subsection must be made by the bureau in
accordance with regulations provided by the United States secretary of labor.
9. "Regular benefits" means benefits payable to an individual under chapter 52-06 or
under any other 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.
10. "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 [26 U.S.C. 3304].
11. There is a "state 'off' indicator" for this state for a week if the bureau 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, the rate
of insured unemployment, not seasonally adjusted, under this chapter:
a. Was less than 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; or
b. Was less than five percent.
12. There is a "state 'on' indicator" for this state for a week if the bureau 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, the rate
of insured unemployment, not seasonally adjusted, under this chapter:
a. 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
b. Equaled or exceeded five percent.
