21 V.S.A. § 1421 Definitions
1421. Definitions
As used in this subchapter,
(1) “Extended benefit period” means a period that:
(A) begins with the third week after a week for which there is a State “on” indicator; and
(B) ends with either of the following weeks, whichever occurs later:
(i) the third week after the first week for which there is a State “off” indicator; or
(ii) the 13th consecutive week of the period;
(I) No extended benefit period may begin by reason of a State “on” indicator before the 14th week following the end of a prior extended benefit period that was in effect with respect to this State.
(2) State “on” indicator.
(A) There is a State “on” indicator for a week if the Commissioner determines, in accordance with the regulations of the U.S. Secretary of Labor that, for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonally adjusted, under this chapter:
(i) equaled or exceeded six percent; or
(ii) equaled or exceeded five percent and equaled or exceeded 120 percent of the average of those rates for the corresponding 13-week period ending in each of the two preceding calendar years.
(B) There is a State “on” indicator for a week if the seasonally adjusted average rate of total unemployment in this State for the period consisting of the most recent three months for which data for all states are published before the close of the week:
(i) equaled or exceeded 6.5 percent; and
(ii) equaled or exceeded 110 percent of the average rate for either, or both, of the corresponding three-month periods ending in the two preceding calendar years.
(3) State “off” indicator. There is a State “off” indicator for a week if the requirements of both subdivisions (A) and (B) of this subdivision are satisfied.
(A) The Commissioner determines, in accordance with the regulations of the U.S. Secretary of Labor that, for the period consisting of that week and the immediately preceding 12 weeks, the rate of insured unemployment, not seasonally adjusted, under this chapter was:
(i) less than five percent; or
(ii) less than six percent and less than 120 percent of the average of those rates for the corresponding 13-week period ending in each of the preceding two calendar years.
(B) The requirements of either subdivision (2)(B)(i) or (ii) of this section are not satisfied.
(4) “Rate of insured unemployment” and “rate of total unemployment.”
(A) “Rate of insured unemployment,” as used in subdivisions (2)(A) and (3)(A) of this section, means the percentage derived by dividing the average weekly number of individuals filing claims for regular benefits in this State for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the Commissioner on the basis of the Commissioner’s reports to the U.S. Secretary of Labor by the average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.
(B) As used in subdivisions (2)(B) and (3)(B) of this section, determinations of the “rate of total unemployment” in this State for any period, and of any seasonal adjustment, shall be made by the U.S. Secretary of Labor.
(5) “Regular benefits” mean benefits payable to an individual under this chapter or under any other state’s law, including benefits payable for federal service pursuant to 5 U.S.C. chapter 85, other than extended benefits.
(6) “Extended benefits” mean benefits, including benefits payable for federal service 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.
(7) “Eligibility period” of an individual means the period consisting of weeks in the individual’s benefit year that begin in an extended benefit period and, if the individual’s benefit year ends within the extended benefit period, any weeks after the individual’s benefit year that begin in that period.
(8) “Exhaustee” means an individual who, with respect to any week of unemployment in the individual’s eligibility period:
(A) has received, prior to that week, all of the regular benefits that were available to the individual under this chapter or any other state law, including dependent’s allowances and benefits payable for federal service under 5 U.S.C. chapter 85, in the individual’s current benefit year that includes the 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 or employment 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; or
(B) the individual’s benefit year having expired prior to the week, has no, or insufficient, wages or employment on the basis of which the individual could establish a new benefit year that would include that week; and
(C) the individual has no right to unemployment benefits or allowances, under the Railroad Unemployment Insurance Act, and other federal laws specified in regulations issued by the U.S. Secretary of Labor 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 agency finally determines that the individual is not entitled to benefits under the law the individual is considered an exhaustee.
(9) “State law” means the unemployment insurance law of any state, approved by the U.S. Secretary of Labor under 26 U.S.C. § 3304.
(10) “Suitable work” means, with respect to any individual, any work that is within the individual’s capabilities; except that, if the individual furnished evidence satisfactory to the Commissioner that the individual’s prospects for obtaining work in the individual’s customary occupation within a reasonably short period are good, the determination of whether any work is suitable work with respect to the individual shall be made in accordance with the provisions of subdivision 1344(a)(2) of this chapter.
Added 1971, No. 1, § 2, eff. Oct. 11, 1970; amended 1973, No. 231 (Adj. Sess.), § 4, eff. April 3, 1974; 1977, No. 64, § 20, eff. May 1, 1977; 1979, No. 120 (Adj. Sess.), § 10, eff. March 31, 1980; 1981, No. 86, § 5, eff. April 5, 1981; 1981, No. 194 (Adj. Sess.), § 5, eff. Sept. 25, 1982; 1993, No. 58, § 1, eff. June 3, 1993; 2023, No. 85 (Adj. Sess.), § 225, eff. July 1, 2024.