Unemployment Benefits: Extension After EB - Part 2 (2010, lawyer)

[diorgirl]

This thread (Part 2) picks up where the original thread on this subject --"Unemployment Benefits: Extension After EB" -- left off earlier this month. The original thread can be accessed to review past postings, but all new postings on this subject should be done on this "Part 2" thread.

To recap: Rep. Jim McDermott, D-Wash., chairman of the House Subcommittee on Income Security and Family Support, has drafted bill HR3404, which would extend unemployment benefits by 13 weeks in states with a three-month average unemployment rate of 9 percent or higher.

If approved, McDermott's bill would provide unemployed people in those states with a total of up to 92 weeks of benefits. The bill would also continue the extra $25 a week in benefits approved by Congress in February 2009 as part of the economic stimulus package.

In addition, the bill would postpone the expiration of the most recent 20-week extension in benefits (EB) currently in effect. That EB extension is scheduled to expire on December 31, 2009. The new bill would delay expiration to December 31, 2010.

The McDermott bill -- or some variation aimed at extending unemployment benefits -- is expected to be voted on sometime in September, after Congress returns from its summer recess.

New Jersey's unemployment rate hit 9.2 percent in June, the latest data available. The rate was 8.8 percent in May 2009, and 8.4 percent in April 2009. That gives New Jersey a current three-month average rate of 8.8 percent. The unemployment rates for July 2009 will be announced on August 21.

New Jersey jobless who qualify can currently collect up to 79 weeks of unemployment benefits:
(1) Initial unemployment benefits (UB - 26 weeks)
(2) Emergency unemployment benefits Tier I (EUC Tier I - 20 weeks)
(3) Emergency unemployment benefits Tier II (EUC Tier II - 13 weeks)
(4) Extended benefits (EB - 20 weeks)

If McDermott's bill passes as drafted -- and if New Jersey's three-month average unemployment rate reaches or exceeds 9 percent, as required in the current draft -- New Jersey jobless who qualify will be able collect up to 92 weeks of unemployment benefits (pending any additional requirements that may be imposed by the State of New Jersey).

[0706772]

Just one question diorgirl, do you have problems sleeping? It's 3:45 AM!

As always, thanks for the info.

[dchick1169]

In addition to Mc Dermott's Bill, another bill has been introduced to the Senate.
Search Results - THOMAS (Library of Congress):

It seems this proposal is looking to add EUC Tier 3, providing an additional 13 weeks of benefits to states that have an unemployment rate of 8.5% or higher.

[diorgirl]

Originally Posted by 0706772

Just one question diorgirl, do you have problems sleeping? It's 3:45 AM!

Sometimes I do! LOL! <sunglasses covering undereye circles!

[Diane in NJ]

ty diorgirl, when will they be back in session to get to work on this?? some people have already exhausted their benefits and are jamming the welfare offices for help...thanks

[diorgirl]

Originally Posted by Diane in NJ

ty diorgirl, when will they be back in session to get to work on this?? some people have already exhausted their benefits and are jamming the welfare offices for help...thanks

The Senate and the House reconvene on Tuesday, September 8 -- the day after Labor Day.

At this time, there is no way to know where the McDermott bill -- or other proposed legislation addressing extending unemployment benefits -- is on the fall agenda or how long it will take to be discussed, agreed upon, and enacted.

[terriinjersey]

Maybe I am wrong but the way I understand both of these bills read is the only people who will be eligable are people who exhaust their eb on or after the bill is enacted not any before which leaves out anybody who's eb end august early september

[terriinjersey]

Please somebody correct me if I'm wrong but the way I read those bills if they are approved the only people that will be eligible are anyone exhausting their EB on the date the bill will be enacted or thereafter which doesn't do anything for people exhausting eb august or earyl sept I hope I'm wrong

[diorgirl]

Originally Posted by terriinjersey

Please somebody correct me if I'm wrong but the way I read those bills if they are approved the only people that will be eligible are anyone exhausting their EB on the date the bill will be enacted or thereafter which doesn't do anything for people exhausting eb august or earyl sept I hope I'm wrong

You didn't include the segments of the proposed bills on which you are basing your understanding that the bills would not provide the further extensions to those who exhausted the EB extension before the bill is enacted.

As I read HR 3404, I interpret it as providing benefits to eligible jobless who have exhausted their previous extensions including EB (as well as to those who will exhaust the EB extension after the passage of the bill).

But for those who have exhausted EB before the passage of any further extension, it appears to me that the benefits provided by the newest extension would just not be retroactive -- meaning that it will not cover the period from the time your EB was exhausted to when the new extension is enacted.

Presumably, those individuals would be allowed to reactivate their claims, and the payment of new extension would start on the date specified in the bill when it is enacted.

I am basing this on section 4, subsection c ("Effective Date") of the current draft of the McDermott bill (HR 3404), which states that HR 3404 is intended to amend the Supplemental Appropriations Act, 2008 -- "except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act."

Because of the intention of the bill -- as stated by McDermott and others, to provide for those who will exhaust existing extensions before the end of the year -- I believe the wording of the "effective date" passage is simply to address the gap that could occur for people who finish up EB before the new extension is passed. I do not interpret it as barring those who have completed EB from eventually collecting benefits through any subsequent extension of it.

Of course, HR 3404 also states that the amendments in the Act are subject to State law, so there may be other restrictions added by New Jersey when any further extension is rolled out here.

A caveat: I'm neither an employment lawyer nor a legislator so, of course, I could be mistaken.

[CaptainNJ]

i love me some unemployment moneys