In this subtitle the following words have the meanings indicated. “Eligibility period” means the period of weeks consisting of: the weeks in an individual’s benefit year that begin in an extended benefit period; and if the benefit year ends within the extended benefit period, the weeks after the benefit year that begin in the extended benefit period. “Extended benefits” means benefits payable to an individual under this subtitle for weeks of unemployment in the eligibility period of an individual. “Extended benefits” includes benefits payable to a federal civilian employee or former servicemember under 5 U.S.C. § 8501 et seq. under this subtitle for weeks of unemployment in the eligibility period of the employee or former servicemember. “Regular benefits” means: benefits payable to an individual under § 8-808(c) of this title; or benefits payable to a federal civilian employee or a former servicemember under 5 U.S.C. § 8501 et seq. “Regular benefits” does not include extended benefits.

Unless the result would be inconsistent with another provision of this Part III of this subtitle or with the Federal-State Extended Unemployment Compensation Act of 1970, the provisions of this title that apply to claims for or the payment of regular benefits shall apply to extended benefits.

An extended benefit period is a period that: except as provided in paragraph (2) of this subsection, begins with the 3rd week after the 1st week for which there is a State “on” indicator but not earlier than the 14th week after the end of another extended benefit period; and ends with the later of: the 3rd week after the 1st week for which there is a State “off” indicator; or the 13th consecutive week of the period. The requirement described under paragraph (1)(i) of this subsection does not apply for weeks of unemployment beginning after June 1, 2022, for which: 100% federal sharing is available; and waiver of the requirement is authorized under federal law. A State “on” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is at least: 5%; and 120% of the average of the rates for the corresponding 13–week period ending in each of the 2 preceding calendar years. After a State “on” indicator occurs under this subsection, a State “off” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is less than: 5%; or 120% of the average of the rates for the corresponding 13–week period ending in each of the 2 preceding calendar years. A State “on” indicator exists for a week whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, is at least 6%. After a State “on” indicator occurs under this subsection, a State “off” indicator exists for a week whenever, for that week and the 12 immediately preceding weeks, the rate of insured unemployment, not seasonally adjusted, was less than 6%. A State “on” indicator under subsection (b) or (c) of this section takes precedence over a State “off” indicator under subsection (b) or (c) of this section, respectively. To compute the rate of insured unemployment under subsections (b) and (c) of this section, the Secretary shall: determine the average weekly number of individuals submitting claims for regular benefits in the State for weeks of unemployment during the most recent 13 consecutive weeks based on reports of the Secretary to the United States Secretary of Labor; and divide that number by the average monthly number of employees engaged in covered employment for the 1st 4 of the 6 completed calendar quarters ending immediately before the 13 weeks. The Secretary shall make each computation under this subsection in accordance with regulations of the United States Secretary of Labor. This subsection applies only to any weeks of unemployment: beginning after June 1, 2022, for which 100% federal sharing is available; and ending 4 weeks before the last week for which 100% federal sharing is available. A State “on” indicator for a week exists if: the average rate of total unemployment, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of the week is at least 6.5%; and the average rate of total unemployment in the State, seasonally adjusted, as determined by the United States Secretary of Labor, for the 3–month period described in item (i) of this paragraph is at least 110% of that average for either or both of the corresponding 3–month periods ending in the 2 preceding calendar years. After a State “on” indicator occurs under paragraph (2) of this subsection, a State “off” indicator for a week exists whenever, for that week and the 12 immediately preceding weeks, none of the circumstances described in paragraph (2) of this subsection are met. Extended benefits may not be payable based on a State “on” trigger under this subsection for any week of unemployment beginning before June 1, 2022. The Secretary shall make an appropriate public announcement whenever an “on” indicator exists that begins or an “off” indicator exists that ends an extended benefit period.

In this subsection, “suitable work” means work: that is within the capabilities of an individual; for which the gross average weekly compensation exceeds the sum of the individual’s weekly extended benefit amount plus any supplemental unemployment compensation benefits as defined in § 501(c)(17)(d) of the Internal Revenue Code that are payable to the individual for the week; for which wages equal or exceed the higher of: the minimum wage under § 6(a)(1) of the federal Fair Labor Standards Act, without regard to exemptions; or an applicable State or local minimum wage; that is listed with the Division of Workforce Development or offered in writing to the individual; and that is suitable under § 8–1005 of this title to the extent that § 8–1005 of this title is not inconsistent with items (1) through (4) of this subsection. To be eligible for extended benefits for a week during an eligibility period, an individual: shall be unemployed for the week for which benefits are claimed; shall meet each requirement of this title for regular benefits that applies to a claim for extended benefits; shall not be subject to disqualification from receiving regular benefits; may not have a right to unemployment allowances or benefits under the Railroad Unemployment Insurance Act or any other federal law that the United States Secretary of Labor specifies by regulation; shall not have received and shall not be seeking unemployment benefits under the unemployment insurance law of Canada or if benefits have been sought under that law, shall have been finally determined by the appropriate unit not to be eligible; and shall have exhausted regular benefits as provided in this subsection. An individual has exhausted the regular benefits for a week of unemployment during the individual’s eligibility period if: before that week, the individual has received all regular benefits and allowances for dependents and benefits payable to federal civilian employees and former servicemembers under 5 U.S.C. § 8501 et seq. that were available to the individual under this title or the unemployment insurance law of another state that has been approved by the United States Secretary of Labor under 26 U.S.C. § 3304; or if the benefit year expired during the eligibility period, the individual has no wages or has insufficient wages to establish a new benefit year that would include that week. An individual who otherwise has received all regular benefits shall be considered to have exhausted regular benefits under paragraph (1)(i) of this subsection even if the individual later may be determined to be entitled to additional regular benefits as a result of a pending appeal about wages that were not considered in the initial monetary determination of the individual’s 1st claim for that benefit year. During the base period for which the individual has exhausted regular benefits, the total wages for covered employment shall exceed 150% of the wages for covered employment during the calendar quarter of the base period in which the individual’s wages for covered employment were the highest. If an individual is disqualified from regular benefits for a specified period of weeks under § 8–1001, § 8–1003, or § 8–1005 of this title, the individual may not receive extended benefits unless: the period of disqualification has ended; and the individual has been employed after the date of the disqualification. An individual shall: make a sustained and systematic effort throughout the week to find work; and submit tangible evidence of the effort to the Secretary. Except as provided in paragraph (3) of this subsection, an individual is disqualified for extended benefits for any week of unemployment during the individual’s eligibility period during which the individual fails to accept an offer of suitable work or apply for suitable work referred by the Secretary. If an individual provides evidence that satisfies the Secretary that the individual has good prospects for obtaining work in the individual’s usual occupation within a reasonably short period, suitability of the work shall be determined in accordance with § 8–1005 of this title rather than paragraph (1) of this subsection. The Secretary shall refer an individual who applies for extended benefits to work that is suitable.

Except as provided in subsection (e) of this section, the weekly amount of extended benefits payable for a week of total unemployment during an individual’s eligibility period is equal to the amount of regular benefits, including allowances for dependents, payable to the individual for a week of total unemployment during the applicable benefit year. The total amount of extended benefits payable to an eligible individual for the applicable benefit year of the individual may not be less than the lesser of: 50% of the total amount of regular benefits, including allowances for dependents, payable to the individual during that benefit year; 13 times the average weekly benefit amount of the individual; or 39 times the average weekly benefit amount of the individual, reduced by the amount of regular benefits paid or deemed paid to the individual during that benefit year. If the benefit year of an individual ends during an extended benefit period, the balance of extended benefits to which the individual is entitled for weeks of unemployment beginning after the benefit year shall be reduced, but not below zero, by an amount computed by: determining the number of weeks for which the individual received any amounts as trade readjustment allowances under the federal Trade Act of 1974 within that benefit year; and multiplying the number determined under item (1) of this subsection by the weekly amount of extended benefits of the individual. An individual who otherwise is eligible to receive benefits may not be denied regular benefits or extended benefits for any week because the individual: is in a training program that the United States Secretary of Labor approves under 19 U.S.C. § 2296(a)(1); or leaves work that is not suitable to enter a training program that the United States Secretary of Labor approves under 19 U.S.C. § 2296(a)(1) because: the work was not of substantially equal or a higher skill level than the past adversely affected employment of the individual as defined under 19 U.S.C. § 2296(f); and the wages for the work were less than 80% of the average weekly wage of the individual as determined under 19 U.S.C. § 2296(e). In this subsection, “high unemployment period” means any period during which: an extended benefit period would be in effect under § 8–1103(f) of this subtitle; and the average rate of total unemployment, seasonally adjusted, as determined by the United States Secretary of Labor, for the period consisting of the most recent 3 months for which data for all states are published before the close of that week is at least 8%. This subsection applies only to weeks of unemployment in a high unemployment period. The total amount of extended benefits payable to an eligible individual for the applicable benefit year of the individual may not be less than the lesser of: 80% of the total amount of regular benefits, including allowances for dependents, payable to the individual during the benefit year; 20 times the average weekly benefit amount of the individual, including allowances for dependents; or 46 times the average weekly extended benefit amount, reduced by the regular benefits, not including dependents’ allowances, paid or deemed paid to the individual during that benefit year.

Notwithstanding any other provision of this title, as to extended benefits for which the federal government wholly reimburses the State, the Secretary may not: charge the earned rating record of an employing unit for those extended benefits; or require an employer to make reimbursement payments for those extended benefits.

Except as provided in subsection (b) of this section, the Secretary may not pay extended benefits to an individual for a week under an interstate claim submitted in another state under the Interstate Benefit Payment Plan unless an extended benefit period is in effect for that week in the other state as well as this State. This section does not apply to the first 2 weeks for which extended benefits are payable under an interstate claim submitted under the Interstate Benefit Payment Plan to the individual from the extended benefit account established for the individual for the benefit year.

An individual is disqualified for extended benefits if the individual fails to comply with the requirements of § 8-1104(f)(1) of this subtitle unless the failure results from: a summons to appear for jury duty before a court of the United States or of a state; or hospitalization of the individual for emergency treatment or treatment of a life-threatening situation. An individual who fails to comply with the requirements of § 8-1104(f)(2) of this subtitle is disqualified for extended benefits. A disqualification under this section shall continue until an individual: is employed during at least 4 weeks that begin after the individual fails to comply with the requirements of § 8-1104(f) of this subtitle; and has earnings equal to at least 4 times the weekly amount of extended benefits of the individual.

Notwithstanding any other provision of this subtitle, the Secretary, if authorized by federal law, may suspend the payment of extended benefits under § 8–1105(e) of this subtitle, to the extent necessary to ensure that: otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation authorized under federal law; and the State receives maximum reimbursement from the federal government for the payment of the emergency benefits.

To the extent that provisions and definitions of federal unemployment law are in conflict with, or supplement the provisions and definitions in this subtitle, the provisions and definitions of federal unemployment law shall apply.