# COMAR Title 09 — Maryland Department of Labor

## Subtitle 32 — Unemployment Insurance

### Chapter 03 — Extended Unemployment Insurance Benefits

**Authority:** Labor and Employment Article, §8-305, Annotated Code of Maryland

**Administrative History:** Effective date: February 1, 1973

**Administrative History:** Regulation .01C, F, I amended effective December 1, 1978 (5:24 Md. R. 1796)

**Administrative History:** Regulation .01F, I amended effective December 10, 1975 (2:28 Md. R. 1666)

**Administrative History:** Regulation .02B amended effective March 30, 1977 (4:7 Md. R. 577); December 1, 1978 (5:24 Md. R. 1796)

**Administrative History:** Regulation .02C amended effective July 25, 1980 (7:15 Md. R. 1423); March 6, 1981 (8:5 Md. R. 472)

**Administrative History:** Regulation .07 amended effective December 1, 1978 (5:24 Md. R. 1796)

**Administrative History:** (Transferred from Department of Human Services to Department of Employment and Training, effective October 1, 1983; recodified from

**Administrative History:** COMAR 07.04.03 to 24.02.03)

**Administrative History:** Regulation .07A and B amended effective June 8, 1992 (19:11 Md. R. 1017)

**Administrative History:** Chapter recodified from COMAR 24.02.03 to COMAR 09.32.03, May 1996

#### Regulation .01 Definitions.

*COMAR 09.32.03.01*

All terms used in this regulation which are defined in the Unemployment Insurance Law shall have the same meanings as provided in that law.

A. “Eligibility period” of an individual means the period of the weeks in his benefit year which begin in an extended benefit period, and, if his benefit year ends within the extended benefit period, any weeks after that which begin in that period.

B. “Entitlement”. An individual is entitled to extended compensation for a week of unemployment in his eligibility period if, with respect to this week, he is an exhaustee under this regulation and he meets the requirements of the Unemployment Insurance Law and these regulations.

C. “Exhaustee”. An individual is an exhaustee with respect to a week of unemployment of his eligibility period if:

  (1) Either of the following conditions is satisfied:

    (a) He has received, before that week, all the regular compensation payable to him according to the monetary determination for his current benefit year that includes the week, or

    (b) His benefit year having expired before that week, he has insufficient wages or employment, or both, on the basis of which he could establish in any state a new benefit year that would include that week, or having established a new benefit year that includes the week, he is precluded from receiving regular compensation by reason of an Unemployment Insurance Law provision of the state which meets the requirement of §3304(a)(7) of the Internal Revenue Code of 1954;

  (2) He has no right to unemployment compensation or allowances, as the case may be, under the following federal law, the Railroad Unemployment Insurance Act; and

  (3) He has not received and is not seeking for the week unemployment compensation under the law of the Virgin Islands or of Canada, but if he is seeking this compensation and the appropriate agency finally determines that he is not entitled to compensation under this law, he is an exhaustee.

D. “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 Labor and Employment Article, Title 8, Subtitle 11, Annotated Code of Maryland, for weeks of unemployment in his eligibility period.

E. “Extended benefit period” means a period which:

  (1) Begins with the third week after whichever of the following weeks occurs first:

    (a) A week for which there is a national “on” indicator, or

    (b) A week for which there is a State “on” indicator; and

  (2) Ends with either of the following weeks, whichever occurs later:

    (a) The third week after the first week for which there is both a national “off” indicator and a State “off” indicator, or

    (b) The thirteenth consecutive week of this period, provided an extended benefit period may not 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 regard to this State.

F. National “On” and “Off” Indicators. There is a “national 'on' indicator” for a week if the United States Secretary of Labor determines that for a period consisting of that week and the 12 immediately preceding weeks, the rate of insured unemployment (seasonally adjusted) for all states, based on the average monthly covered employment for the first 4 of the 6 most recent calendar quarters ending before the close of the period, equaled or exceeded 4.5 percent. There is a “national `off' indicator” for a week if the United States Secretary of Labor determines that for a period consisting of that week and the 12 immediately preceding weeks, the rate of insured unemployment (seasonally adjusted) for all states, based on the average monthly covered employment for the first 4 of the 6 most recent calendar quarters ending before the close of the period was less than 4.5 percent.

G. “Rate of insured unemployment” for purposes of §I of this regulation  means the percentage derived by dividing:

  (1) The average weekly number of individuals filing claims in this State for weeks of unemployment with respect to the most recent 13-consecutive-week period, as determined by the Secretary on the basis of his reports to the United States Secretary of Labor, by

  (2) The average monthly employment covered under the Unemployment Insurance Law for the first four of the most recent six completed calendar quarters ending before the end of the 13-week period.

H. “Regular benefits” means benefits payable to an individual under the Unemployment Insurance Law 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.

I. State “On” and “Off” Indicators. State “on” and “off” indicators may occur in either of the following two circumstances:

  (1) There is a State “on” indicator in this State for a week if the Secretary determines, in accordance with the regulations of the United States 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 the law equaled or exceeded 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding 2 calendar years, and equaled or exceeded 4 percent. After a State “on” occurs pursuant to this section, there is a State “off” indicator for this State for a week if the Secretary determines, in accordance with the regulations of the United States 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 the law was less than 120 percent of the average of the rates for the corresponding 13-week period ending in each of the preceding 2 calendar years or was less than 4 percent.

  (2) There is a State “on” indicator in this State for a week if the Secretary determines, in accordance with the regulations of the United States 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 the law equaled or exceeded 5 percent. After a State “on” indicator occurs pursuant to this section, there is a State “off” indicator for a week if the Secretary determines, in accordance with the regulations of the United States 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 the law was less than 5 percent.

J. “Total Extended Benefit Amount”. The total extended benefit amount payable to any eligible individual with respect to his applicable benefit year may not be less than whichever of the following is the least:

  (1) 50 percent of the total amount of regular compensation, (including dependents' allowances) payable to him during the benefit year under the law;

  (2) 13 times his average weekly benefit amount; or

  (3) 39 times his average weekly benefit amount, reduced by the regular compensation paid (or deemed paid) to him during the benefit year under that law.

K. “Weekly Extended Benefit Amount”. The weekly benefit amount of extended benefits payable to an individual for a week of total unemployment in his eligibility period is the amount of regular benefits (including dependents' allowances) payable to him for a week of total unemployment during his applicable benefit year.

#### Regulation .02 Computation of Rate of Insured Unemployment.

*COMAR 09.32.03.02*

A. National “On” and “Off” Indicators. The national “on” and “off” indicators shall be determined by the United States Secretary of Labor and upon notification by that officer concerning the existence of these indicators the Secretary shall act in response to them as provided by law.

B. State “On” and “Off” Indicators.

  (1) The Secretary shall determine the “rate of insured unemployment” for the purposes of the State “on” and “off” indicators. In making this determination he shall use a fraction, the numerator of which will be the weekly average number of weeks claimed in the State for the 13-week period ending with the week for which the determination is made (not seasonally adjusted) and the denominator of which shall be the average monthly employment covered under the State law for the first four of the last six calendar quarters ending before the close of the 13-week period. The quotient obtained is to be computed to four decimal places and is not to be otherwise rounded.

  (2) The rate for the most recent 13-week period is to be divided by the average of the rates for the corresponding 13-week periods in each of the 2 preceding years to determine whether the rate is equal to 120 percent of the average rate for the 2 years. The quotient obtained shall be computed to four decimal places and may not be otherwise rounded. The average of the rates for the corresponding 13-week periods in each of the 2 preceding years shall be one-half the sum of the rates for the period computed to four decimal places and not otherwise rounded.

  (3) For the purpose of determining the corresponding 13-week period ending in each of the preceding calendar years, the first week in any calendar year shall be the first full calendar week in that year. The Secretary shall utilize the list of numbered weeks for each calendar year beginning with the first Sunday in January, 1968, provided by the Secretary of Labor.

C. For Both National and State Indicators. In determining the “weekly average number of weeks claimed” for any period, the Secretary shall count weeks claimed in continued claims (including interstate claims filed in the State) for total, partial, or part-total unemployment for regular or extended compensation, and shall exclude claims filed under 5 U.S.C. Chapter 85 (UCFE/UCX) and interstate claims filed against Maryland as liable state.

#### Regulation .03 Extended Benefit Period: Beginning and Ending.

*COMAR 09.32.03.03*

A. Beginning and Ending an Extended Benefit Period.

  (1) An extended benefit period in Maryland shall begin on the first day of the third calendar week after whichever of the following occurs first:

    (a) A week for which there is a national “on” indicator; or

    (b) A week for which there is an “on” indicator in Maryland.

  (2) An extended benefit in Maryland shall end on the last day of the third week after the first week for which there is both a national and a State “off” indicator. An extended benefit period established in Maryland before January 1, 1972 may be ended before that date solely on the basis of a State “off” indicator in Maryland.

  (3) Notwithstanding the provisions of §A(2) of this regulation, an extended benefit period which becomes effective in Maryland shall continue for not less than 13 consecutive weeks.

  (4) An extended benefit period may not begin by reason of a State “on” indicator before the fourteenth week after the close of a prior extended benefit period with respect to Maryland.

  (5) “Week” for the purpose of determining whether a State “on” or “off” indicator occurs means a calendar week beginning at 12:01 a.m. Sunday and ending 12:00 p.m. on the following Saturday.

B. Announcement of the Beginning and Ending of an Extended Benefit Period. Whenever the Secretary determines that there is an “on” indicator in this State by reason of which an extended benefit period will begin or an “off” indicator by reason of which an extended benefit period will end, he shall promptly announce his determination through appropriate news media in the State. This announcement shall include the beginning or ending date of the extended benefit period, whichever is appropriate. If an extended benefit period is about to begin, the announcement shall also describe clearly what unemployed individuals may be eligible for extended compensation during the extended benefit period.

#### Regulation .04 Extended Benefits To Federal Employees.

*COMAR 09.32.03.04*

This State shall pay, as agent for the Secretary of Labor, and shall be reimbursed as provided in 5 U.S.C. §8505 an amount equal to the additional cost of extended compensation paid to federal civilian workers and ex-servicemen pursuant to 5 U.S.C. Chapter 85.

#### Regulation .05 Combined Wage Credits and Interstate Benefits.

*COMAR 09.32.03.05*

Where regular compensation exhausted by an individual or sharable regular compensation was based on combined wage credits earned in more than one state, Maryland shall pay extended benefits when it was the liable state so long as it is reimbursable in proper proportions as liable state under appropriate federal laws and regulations.

#### Regulation .06 Terms and Conditions of State Law and Regulations.

*COMAR 09.32.03.06*

A. Applicability of State Law and Regulations. Except when the result would be inconsistent with the other provisions of the Unemployment Insurance Law or these regulations, the provisions of the Unemployment Insurance Law and regulations promulgated pursuant to it which apply to claims for, or the payment of, regular benefits shall apply to claims for, and the payment of, extended benefits.

B. Effect of Disqualification for Regular Compensation on Entitlement to Extended Compensation. If the week of unemployment for which an individual claims extended compensation is a week to which a disqualification for regular benefits applies, the individual may not be entitled to extended compensation for that week.

#### Regulation .07 Charging and Reimbursement.

*COMAR 09.32.03.07*

A. Charging Extended Compensation. The Secretary shall charge to the experience rating account or accounts of the respective base period employer or employers the appropriate share of any extended benefits paid a claimant in the same manner as regular benefits are charged under COMAR 09.32.01.05.

B. Employer's Reimbursement of Extended Compensation. An employer who elects to come under the Unemployment Insurance Law as a reimburseable employer shall reimburse the Unemployment Insurance Fund for the appropriate share of any extended benefits chargeable to him as a base period employer in the same manner as he reimburses the Fund for regular benefits under COMAR 09.32.01.05.

C. With respect to governmental entities (including the State, its political subdivisions, and instrumentalities of the State, of one or more subdivisions, of one or more states, and of one or more states and subdivisions), the appropriate share of any extended benefits shall be one-half of any extended benefits paid to these individuals for compensable weeks beginning on or before December 31, 1978, and all extended benefits paid to these individuals for compensable weeks beginning after December 31, 1978. With respect to all other employers, the appropriate share of any extended benefits shall be one-half of any extended benefits paid to these individuals.

#### Regulation .08 Recovery Including Restitution and Offset.

*COMAR 09.32.03.08*

The provisions of Maryland law that apply to recovery of overpayments (including restitution and offset) shall apply to overpayments of extended compensation. If there is recovery of extended compensation, that proportion of the amount restored or offset which represents the federal share of the original payment shall be restored to the appropriate federal accounts.

#### Regulation .09 Duplication.

*COMAR 09.32.03.09*

An individual who is entitled to both extended compensation under the Unemployment Insurance Law and training allowances under §203 of the Manpower Development and Training Act with respect to a week shall be treated as he would have been treated had he been entitled to both regular compensation and the training allowance.

#### Regulation .10 Partial Claims.

*COMAR 09.32.03.10*

Provisions requiring the reduction of regular benefits by specified deductible income are also applicable to benefits paid under the Extended Benefits Program.