As used in this section, subsection (d) of section 31-222, sections 31-231b and 31-232c to 31-232k, inclusive, subdivision (8) of subsection (a) of section 31-236 and section 31-250, unless the context clearly requires otherwise:
(a) (1) “Extended benefit period” means a period which (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 thirteenth consecutive week of such period; provided 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.
(2) With respect to benefits for weeks of unemployment beginning after September 26, 1982, there is a state “on” indicator for a week if, for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment, as defined in subdivision (7) of this subsection, (A) equaled or exceeded five per cent and equaled or exceeded one hundred twenty per cent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, or (B) equaled or exceeded six per cent.
(3) With respect to benefits for weeks of unemployment beginning after June 23, 1993, there is a state “on” indicator for a week if the average rate of total unemployment in the state, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week (A) equals or exceeds six and one-half per cent, and (B) equals or exceeds one hundred ten per cent of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years.
(4) Notwithstanding the provisions of subdivision (2) of this subsection, with respect to benefits for weeks of unemployment (A) beginning after December 17, 2010, and ending on or before December 31, 2011, or (B) beginning after the date established in federal law permitting this subdivision for which there is one hundred per cent federal sharing authorized by federal law, there is a state “on” indicator for a week if, for the period consisting of such week and the immediately preceding twelve weeks, the rate of insured unemployment, as defined in subdivision (7) of this subsection, (i) equaled or exceeded five per cent and equaled or exceeded one hundred twenty per cent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding three calendar years, or (ii) equaled or exceeded six per cent.
(5) Notwithstanding the provisions of subdivision (3) of this subsection, with respect to benefits for weeks of unemployment (A) beginning after December 17, 2010, and ending on or before December 31, 2011, or (B) beginning after the date established in federal law permitting this subdivision for which there is one hundred per cent federal sharing authorized by federal law, there is a state “on” indicator for a week if the average rate of total unemployment in the state, as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week (i) equals or exceeds six and one-half per cent, and (ii) equals or exceeds one hundred ten per cent of such average for any or all of the corresponding three-month periods ending in the three preceding calendar years.
(6) There is a state “off” indicator for a week only if none of the options specified in subdivisions (2) to (5), inclusive, of this subsection result in an “on” indicator.
(7) “Rate of insured unemployment”, for the purposes of subdivisions (2) and (4) of this subsection, means the percentage derived by dividing (A) the average weekly number of individuals filing claims for regular benefits in this state for weeks of unemployment with respect to the most recent thirteen-consecutive-week period, as determined by the administrator on the basis of the administrator's reports to the United States Secretary of Labor, by (B) the average monthly employment covered under the provisions of this chapter, for the first four of the most recent six completed calendar quarters ending before the end of such thirteen-week period.
(8) “Regular benefits” means benefits payable to an individual under this chapter, or under any other state law, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 USC Chapter 85, other than extended benefits and additional benefits.
(9) “Extended benefits” means benefits, including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 USC Chapter 85, payable to an individual under the provisions of this section, subsection (d) of section 31-222, sections 31-231b and 31-232c to 31-232k, inclusive, subdivision (8) of subsection (a) of section 31-236 and section 31-250 for weeks of unemployment in his or her eligibility period.
(10) “Additional benefits” means benefits payable to exhaustees by reason of conditions of high unemployment.
(11) “Eligibility period” of an individual means the period consisting of the weeks in the individual's benefit year which begin in an extended benefit period and, if the individual's benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
(12) “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 him or her under this chapter, or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-servicemen under 5 USC Chapter 85, in his or her current benefit year that includes such week; provided, for the purposes of this subparagraph, an individual shall be deemed to have received all of the regular benefits that were available to him or her although, as a result of a pending appeal with respect to wages or employment or both that were not considered in the original monetary determination in his or her benefit year, he or she may subsequently be determined to be entitled to added regular benefits; or (B) the individual's benefit year having expired prior to such week, has no, or insufficient, wages or employment or both on the basis of which he or she could establish a new benefit year that would include such week; and (C) (i) has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the Automotive Products Trade Act of 1965 and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and (ii) has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada, provided that the reference to the Virgin Islands shall be inapplicable effective on the day after the day on which the United States Secretary of Labor approves under Section 3304(a) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended, an unemployment compensation law submitted to the Secretary by the Virgin Islands for approval; but, if he or she is seeking such benefits and the appropriate agency finally determines that he or she is not entitled to benefits under such law, he or she is considered an exhaustee.
(13) “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 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended.
(14) “High unemployment period” means any period during which an extended benefit period would be in effect if subparagraph (A) of subdivision (3) of this subsection were applied by substituting eight per cent for six and one-half per cent.
(b) “Wages” means all remuneration for employment, as defined in subsection (b) of section 31-222.
(c) “Administrator” means the Labor Commissioner, as defined in subsection (c) of section 31-222.
(October, 1970, P.A. 1, S. 1; P.A. 75-525, S. 8, 13; P.A. 77-426, S. 4, 19; P.A. 78-368, S. 8, 11; P.A. 81-6; 81-17, S. 2, 9; P.A. 82-361, S. 1, 10; P.A. 89-211, S. 32; P.A. 93-243, S. 12, 15; 93-419, S. 5, 6, 9; P.A. 11-87, S. 1; P.A. 16-169, S. 26.)
History: P.A. 75-525 added references to Sec. 31-222(d) and deleted references to Sec. 31-226(g); P.A. 77-426 redefined state and national “on” and “off” indicators and clarified applicability re Virgin Islands in Subdiv. (11); P.A. 78-368 redefined state “on” and “off” indicators; P.A. 81-6 clarified the definitions of state “on” and “off” indicators in Subsec. (a)(4) and (5); P.A. 81-17 extended the use of such definitions to Sec. 31-232k; P.A. 82-361 removed the national “on” and “off” indicators for extended benefits and increased the state “on” indicator to a rate of insured unemployment which equals or exceeds 5%, instead of 4%, and which equals or exceeds 120% of the average rates for the corresponding period in the previous two calendar years, or an insured unemployment rate of 6% or more, instead of 5%, effective September 26, 1982; P.A. 89-211 clarified reference to the Internal Revenue Code of 1986; (Revisor's note: In 1991 references to “31-236(8)” were changed editorially by the Revisors to read “31-236(a)(8)”); P.A. 93-243 amended Subsec. (a) to change the circumstances under which a state “on” and “off” indicator is triggered, and to define “high unemployment period”, effective June 23, 1993; P.A. 93-419 amended Subsec. (a)(2) to delete change re triggering of “on” indicator added by P.A. 93-243 and amended Subsec. (a)(3) to require that condition set forth in both Subparas. (A) and (B) be met where previously either could be met, effective July 1, 1993; P.A. 11-87 amended Subsec. (a) by adding new Subdivs. (4) and (5) re additional “on” indicators and redesignating existing Subdivs. (4) to (12) as Subdivs. (6) to (14), and made technical changes, effective July 8, 2011; P.A. 16-169 deleted references to Sec. 31-232a and made technical changes, effective June 6, 2016.
Cited. 40 CS 90.
Structure Connecticut General Statutes
Chapter 567 - Unemployment Compensation
Section 31-222. - Definitions.
Section 31-222a. - “District” defined. Continuation of commissioners in offices.
Section 31-223. - Application of chapter to employers.
Section 31-223a. - Employers not subject to chapter. Notification to employees.
Section 31-224. - Municipal and other public employees.
Section 31-226a. - Discharge, discipline, penalty or discrimination prohibited. Right of action.
Section 31-228. - Benefit for total unemployment.
Section 31-229. - Benefit for partial unemployment.
Section 31-230. - Benefit year, base period and alternative base period.
Section 31-231. - Total unemployment benefit rate.
Section 31-231a. - Total unemployment benefit rate.
Section 31-231b. - Maximum limitation on total benefits.
Section 31-232. - Maximum limitation on total benefits.
Section 31-232a. - Additional benefits payable during periods of substantial unemployment.
Section 31-232b. - Extended benefits: Definitions.
Section 31-232c. - Applicability of chapter.
Section 31-232d. - Eligibility conditions.
Section 31-232e. - Weekly extended benefit amount.
Section 31-232f. - Total extended benefit amount.
Section 31-232g. - Public announcements and computations by administrator.
Section 31-232h. - Additional benefits payable, when.
Section 31-232i. - Administrator's duties with respect to federal act.
Section 31-232j. - Extended benefits payable from Unemployment Compensation Fund.
Section 31-232k. - Interstate claims for extended benefits.
Section 31-233. - Temporary extended-duration benefits.
Section 31-234. - Dependency allowances.
Section 31-235a. - Methods of payment by nonprofit organizations.
Section 31-236. - Disqualifications. Exceptions.
Section 31-236a. - Eligibility of apprentice unemployed due to labor dispute.
Section 31-236c. - Ineligibility of certain board of education employees.
Section 31-236d. - Eligibility of individual in training approved under the Trade Act of 1974.
Section 31-236e. - Basis for determination of eligibility. Regulations.
Section 31-236f. - Information re the availability of unemployment compensation benefits. Procedure.
Section 31-237. - Employment Security Division.
Section 31-237a. - Definitions.
Section 31-237b. - Employment Security Appeals Division established.
Section 31-237e. - Employment Security Appeals Division personnel, payment, appointment.
Section 31-237f. - Disqualification of board member; challenge; replacements.
Section 31-237g. - Powers of Employment Security Board of Review, rules of procedure.
Section 31-237h. - Access of appeals division to records of the Employment Security Division.
Section 31-237i. - Referee section established. Appointment of referees; chief referee.
Section 31-237j. - Appeals to referee section; jurisdiction, venue; panel of referees.
Section 31-239. - Advisory council.
Section 31-240. - Claim procedure. Filing.
Section 31-241. - Determination of claims and benefits. Notice, hearing and appeal. Regulations.
Section 31-243. - Continuous jurisdiction.
Section 31-244a. - Procedure on appeals; hearings; rules of evidence; record.
Section 31-245. - Authority to administer oaths and issue subpoenas.
Section 31-246. - Enforcement of subpoena.
Section 31-247. - Witness fees. Payment of expenses of proceedings.
Section 31-248a. - Transfer of case from referee to Employment Security Board of Review.
Section 31-249d. - Disqualification of referees and board members as advocates.
Section 31-249e. - Decisions of board and referees. Methods of issuance. Notice of appellate rights.
Section 31-249h. - Regulations defining “good cause”.
Section 31-250. - Administration. Duties and powers of administrator.
Section 31-250a. - Advisory board. Membership. Functions and duties.
Section 31-251. - General regulations.
Section 31-252. - Public distribution of law, regulations and reports.
Section 31-253. - Delegation of authority.
Section 31-254. - Records and reports. State directory of new hires. Disclosure.
Section 31-254a. - Wage and claim information to national directory of new hires.
Section 31-255. - Reciprocal agreements with other states.
Section 31-256. - Application for advances to Unemployment Trust Fund.
Section 31-257. - Repayment of benefits on receipt of retroactive pay.
Section 31-258. - Repayment of benefits on receipt of workers' compensation.
Section 31-259. - Employment Security Administration Fund.
Section 31-260. - Transfer of funds authorized by federal Railroad Unemployment Insurance Act.
Section 31-261. - Unemployment Compensation Fund. Payment of administrative expenses.
Section 31-262. - Deposits of contributions. Payments to United States Treasurer.
Section 31-263. - Withdrawals of funds for payment of benefits and reimbursement of advance fund.
Section 31-264. - Management of fund upon discontinuance of or changes in Unemployment Trust Fund.
Section 31-264a. - Unemployment Compensation Advance Fund.
Section 31-264b. - Issuance of unemployment compensation revenue bonds.
Section 31-265. - Interest on contributions not paid when due.
Section 31-266. - Collection of contributions. Lien. Foreclosure.
Section 31-266b. - Disposition of real or personal property taken by foreclosure.
Section 31-266c. - Abatement of contributions. Compromises.
Section 31-268. - Adjustment of errors.
Section 31-269. - Refunds and deficiencies.
Section 31-272. - Protection of rights and benefits.
Section 31-274a to 31-274f. - Nonprofit organizations.
Section 31-274g. - Cooperation with other states for enforcement of law.
Section 31-274h. - Publication of unemployment compensation information.
Section 31-274i. - Information to be provided re earned income credit program.
Section 31-274j. - Voluntary shared work unemployment compensation program.