A. The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him during his applicable benefit year pursuant to Section 51-1-4 NMSA 1978, provided that for any week during a period in which federal payments to states under Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970 are reduced under an order issued under Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, the weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be reduced by a percentage equivalent to the percentage of the reduction in the federal payment. The reduced weekly extended benefit amount, if not a full dollar amount, shall be rounded to the next lower dollar amount.
B. The total extended benefit amount payable to any eligible individual with respect to this applicable benefit year shall be the least of the following amounts:
(1) fifty percent of the total amount of regular benefits which were payable to him under the Unemployment Compensation Law in his applicable benefit year;
(2) thirteen times his weekly benefit amount which was payable to him under the Unemployment Compensation Law for a week of total unemployment in the applicable benefit year;
(3) thirty-nine times his weekly benefit amount which was payable to him under the Unemployment Compensation Law for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid (or deemed paid) to him under the Unemployment Compensation Law with respect to the benefit year; or
(4) in conjunction with Paragraphs (1), (2) and (3) of this subsection, an amount equal to the aggregate of the reductions in the weekly benefit amount payable under Subsection A of this section when such weekly benefit amounts are reduced pursuant to an order issued under Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.
C. Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts of trade readjustment allowances within that benefit year multiplied by the individual's weekly benefit amount for extended benefits.
D. Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator, or an extended benefit period is to be terminated in this state as a result of state "off" indicators, the department shall make an appropriate public announcement. Computations required by the provisions of Subsection D of Section 51-1-48 NMSA 1978 shall be made by the department in accordance with regulations prescribed by the United States secretary of labor.
History: 1978 Comp., § 51-1-48.2, enacted by Laws 1981, ch. 354, § 14; 1982, ch. 41, § 7; 1987, ch. 63, § 5.
Cross references. — For Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, see 26 U.S.C. § 3304.
For Section 252 of the federal Balanced Budget and Emergency Deficit Control Act of 1985, see 2 U.S.C. § 902.
Structure New Mexico Statutes
Chapter 51 - Unemployment Compensation
Article 1 - Unemployment Compensation
Section 51-1-3 - Declaration of state public policy.
Section 51-1-4 - Monetary computation of benefits; payment generally.
Section 51-1-5 - Benefit eligibility conditions.
Section 51-1-7 - Disqualification for benefits.
Section 51-1-8 - Claims for benefits.
Section 51-1-8.1 - Voluntary withholding of federal income tax.
Section 51-1-9 - Contributions; computation; payment.
Section 51-1-10 - Rate of contribution.
Section 51-1-12 - Penalty; late payment of contributions.
Section 51-1-13 - Financing benefits paid to employees of nonprofit organizations.
Section 51-1-14 - Financing benefits paid to employees of governmental entities.
Section 51-1-15 - Risk management division; payments in lieu of contributions.
Section 51-1-17 - Budgets; governmental entities.
Section 51-1-18 - Period, election and termination of employer's coverage.
Section 51-1-19 - Unemployment compensation fund.
Section 51-1-21 - Seal; report.
Section 51-1-23 - Publication.
Section 51-1-25 - Advisory councils.
Section 51-1-26 - Employment stabilization.
Section 51-1-27 - Records and papers.
Section 51-1-28 - Oaths and witnesses.
Section 51-1-29 - Enforcement of subpoenas; penalty.
Section 51-1-30 - Protection against self-incrimination.
Section 51-1-31 - State-federal cooperation.
Section 51-1-32 - Disclosure of information; penalty.
Section 51-1-33 - Employment service.
Section 51-1-34 - Administration funds.
Section 51-1-35 - Reimbursement of fund.
Section 51-1-36 - Collection of contributions.
Section 51-1-37 - Protection of rights and benefits.
Section 51-1-37.1 - Child support obligations.
Section 51-1-37.2 - Food stamp overissuances.
Section 51-1-38 - Penalties; liability for benefit overpayment.
Section 51-1-39 - [Saving clause.]
Section 51-1-40 - Actions for enforcement.
Section 51-1-41 - Nonliability of state.
Section 51-1-42 - Definitions.
Section 51-1-43 - Unemployment compensation; governmental entities.
Section 51-1-44 - Additional definitions.
Section 51-1-47 - Application of the act [Applicability of act to governmental entities].
Section 51-1-48 - Definitions; extended benefits.
Section 51-1-48.1 - Extended benefits; eligibility.
Section 51-1-48.2 - Extended benefits; payments.
Section 51-1-50 - Reciprocal arrangements.
Section 51-1-51 - Record availability; cooperation.
Section 51-1-52 - Effectiveness of federal act inoperative.
Section 51-1-52.1 - Leasing employer; temporary services employer.
Section 51-1-53 - [Saving clauses.]
Section 51-1-55 - Res judicata and collateral estoppel prohibition.
Section 51-1-56 - Death reports.