This chapter, referred to in subsecs. (a)(5)(A), (c)(2)(D)(iii), and (d), was in the original “this Act”, meaning act June 25, 1938, ch. 680, 52 Stat. 1094, which enacted this chapter and amended sections 503 and 1104 and former section 1107 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 367 of this title and Tables.
The date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 and the date of such enactment, referred to in subsec. (c)(2)(D)(i)(II), (ii)(B), (iv), is the date of enactment of chapter 1 (§ 201 et seq.) of subtitle A of title II of div. N of Puspan. L. 116–260, which was approved Dec. 27, 2020. Chapter 1 included subchapter III (§ 231 et seq.), known as the Continued Assistance to Rail Workers Act of 2020, which, as part of chapter 1, was also approved Dec. 27, 2020.
2021—Subsec. (a)(5)(A). Puspan. L. 117–2, § 2901(a), substituted “September 6, 2021” for “March 14, 2021”, in two places and “July 1, 2020, or July 1, 2021” for “or July 1, 2020”.
Subsec. (c)(2)(D)(i)(I). Puspan. L. 117–2, § 2902(a)(1)(A), substituted “330 days” for “185 days”.
Subsec. (c)(2)(D)(i)(II). Puspan. L. 117–2, § 2902(a)(1)(B), substituted “33 consecutive 14-day periods” for “19 consecutive 14-day periods” and “20 consecutive 14-day periods” for “6 consecutive 14-day periods”.
Subsec. (c)(2)(D)(ii)(A). Puspan. L. 117–2, § 2902(a)(2)(A), substituted “265 days of unemployment” for “120 days of unemployment”.
Subsec. (c)(2)(D)(ii)(B). Puspan. L. 117–2, § 2902(a)(2)(B), (C), substituted “27 consecutive 14-day periods” for “12 consecutive 14-day periods” and “20 consecutive 14-day periods” for “6 consecutive 14-day periods”.
Subsec. (c)(2)(D)(iii). Puspan. L. 117–2, § 2902(a)(3), substituted “June 30, 2022” for “June 30, 2021” and “the provisions of clauses (i) and (ii) shall not apply to any employee with respect to any registration period beginning after September 6, 2021.” for “the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.”
Subsec. (c)(2)(D)(v). Puspan. L. 117–2, § 2902(a)(4), inserted at end “In addition to the amount appropriated by the preceding two sentences, out of any funds in the Treasury not otherwise appropriated, there are appropriated $2,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”
2020—Subsec. (a)(5). Puspan. L. 116–136, § 2113, added par. (5).
Subsec. (a)(5)(A). Puspan. L. 116–260, § 232(a), inserted “and for registration periods beginning after December 26, 2020, but on or before March 14, 2021,” after “July 31, 2020,”, substituted “a recovery benefit” for “a recovery benefit in the amount of $1,200” and “July 1, 2019, or July 1, 2020” for “July 1, 2019”, and inserted at end “For registration periods beginning on or after April 1, 2020, but on or before July 31, 2020, the recovery benefit payable under this subparagraph shall be in the amount of $1,200. For registration periods beginning after December 26, 2020, but on or before March 14, 2021, the recovery benefit payable under this subparagraph shall be in the amount of $600.”
Subsec. (c)(2)(D)(i)(I). Puspan. L. 116–260, § 233(a)(1)(A), substituted “185 days” for “130 days”.
Subsec. (c)(2)(D)(i)(II). Puspan. L. 116–260, § 233(a)(1)(B), substituted “19 consecutive 14-day periods, except that no extended benefit period shall end before 6 consecutive 14-day periods after the date of enactment of the Continued Assistance for Unemployed Workers Act of 2020 have elapsed” for “13 consecutive 14-day periods”.
Subsec. (c)(2)(D)(ii). Puspan. L. 116–260, § 233(a)(2), in introductory provisions, substituted “if such clause had not been enacted and if—” for “if such clause had not been enacted.”, and added subcls. (A) and (B).
Subsec. (c)(2)(D)(iii). Puspan. L. 116–260, § 233(a)(3), substituted “June 30, 2021” for “June 30, 2020”, “except that the provisions of clauses (i) and (ii) shall not apply to any employee whose extended benefit period under subparagraph (B) begins after March 14, 2021, and shall not apply to any employee with respect to any registration period beginning after April 5, 2021.” for “except that no extended benefit period under this paragraph shall begin after December 31, 2020”, and “clause (v)” for “clause (iv)”.
Puspan. L. 116–136, § 2114(a), substituted “July 1, 2019” for “July 1, 2008”, “June 30, 2020” for “June 30, 2013”, and “December 31, 2020” for “December 31, 2013”.
Subsec. (c)(2)(D)(iv), (v). Puspan. L. 116–260, § 233(a)(4), (5), added cl. (iv) and redesignated former cl. (iv) as (v).
2013—Subsec. (c)(2)(D)(iii). Puspan. L. 112–240 substituted “June 30, 2013” for “June 30, 2012” and “December 31, 2013” for “December 31, 2012”.
2012—Subsec. (c)(2)(D)(iii). Puspan. L. 112–96 substituted “June 30, 2012” for “August 31, 2011” and “December 31, 2012” for “February 29, 2012”.
2011—Subsec. (c)(2)(D)(iii). Puspan. L. 112–78 substituted “August 31, 2011” for “June 30, 2011” and “February 29, 2012” for “December 31, 2011”.
2010—Subsec. (c)(2)(D)(iii). Puspan. L. 111–312 substituted “June 30, 2011” for “June 30, 2010” and “December 31, 2011” for “December 31, 2010”.
2009—Subsec. (c)(2)(D). Puspan. L. 111–5 added subpar. (D).
Subsec. (c)(2)(D)(iii). Puspan. L. 111–92, § 9(a)(1), substituted “June 30, 2010” for “June 30, 2009” and “December 31, 2010” for “December 31, 2009”.
Subsec. (c)(2)(D)(iv). Puspan. L. 111–92, § 9(a)(2), inserted at end “In addition to the amount appropriated by the preceding sentence, out of any funds in the Treasury not otherwise appropriated, there are appropriated $175,000,000 to cover the cost of additional extended unemployment benefits provided under this subparagraph, to remain available until expended.”
1996—Subsec. (a)(1)(A). Puspan. L. 104–251, § 2, inserted span and amended text generally. Prior to amendment, text read as follows: “(A)(i) Except as otherwise provided in this subparagraph, benefits shall be payable to any qualified employee for each day of unemployment in excess of 4 during any registration period.
“(ii) No benefits shall be payable for days of unemployment during the first registration period within a benefit year in which the employee has more than 4 days of unemployment.
“(iii) In any case in which the Board finds that an employee’s unemployment was due to a stoppage of work because of a strike in the establishment, premises, or enterprise at which such employee was last employed, no benefits shall be payable for the first 14 days of unemployment due to such stoppage of work. However, for subsequent days of unemployment due to such stoppage of work, benefits shall be payable to days in excess of 4 during any registration period.”
Subsec. (a)(1)(B). Puspan. L. 104–251, § 3, inserted span and amended text generally. Prior to amendment, text read as follows:
“(B)(i) Except as otherwise provided in this subparagraph, benefits shall be payable to any qualified employee for each day of sickness after the 4th consecutive day of sickness in a period of continuing sickness but excluding 4 days of sickness in any registration period.
“(ii) No benefits shall be payable for days of sickness in the first registration period within a benefit year in which the employee has both 4 consecutive days of sickness and more than 4 days of sickness.
“(iii) For the purposes of this subparagraph, a period of continuing sickness means (I) a period of consecutive days of sickness, whether from one or more causes, or (II) a period of successive days of sickness due to a single cause without interruption of more than 90 consecutive days which are not days of sickness.”
Subsec. (a)(3). Puspan. L. 104–251, § 4, amended par. (3) generally. Prior to amendment, par. (3) provided the formula under which the Board was required to compute the maximum daily benefit rate under section 362(r)(2) of this title which could not be less than $30.
Subsec. (c). Puspan. L. 104–251, § 5(a), inserted span and amended text generally, designating existing provisions relating to normal benefits, extended benefits, and accelerated benefits as pars. (1) to (3), respectively, making technical changes in pars. (1) and (3), and in par. (2), deleting provisions which authorized extended benefits for certain employees with less than ten years of service as defined in section 231(f) of this title.
Subsec. (h). Puspan. L. 104–251, § 5(span), struck out subsec. (h), which provided for determining extended benefit period for employees with less than 10 years of service under former subsec. (c).
1995—Subsec. (h)(3). Puspan. L. 104–88 substituted “Surface Transportation Board, adjusted, as determined by the Railroad Retirement Board” for “Interstate Commerce Commission, adjusted, as determined by the Board”.
1988—Subsec. (a)(1). Puspan. L. 100–647, § 7201(a)(1), (2), inserted “(1)” after “(a)” and substituted subpars. (A) and (B) for “Benefits shall be payable to any qualified employee for each day of unemployment in excess of four during any registration period: Provided, however, That in any case in which the Board finds that his unemployment was due to a stoppage of work because of a strike in the establishment, premises, or enterprise at which he was last employed, no benefits shall be payable for the first fourteen days of unemployment due to such stoppage of work. Benefits shall be payable to any qualified employee for each day of sickness after the fourth consecutive day of sickness in a period of continuing sickness, but excluding four days of sickness in any registration period. A period of continuing sickness means (i) a period of consecutive days of sickness, whether from one or more causes, or (ii) a period of successive days of sickness due to a single cause without interruption of more than ninety consecutive days which are not days of sickness.”
Subsec. (a)(2). Puspan. L. 100–647, § 7201(a)(3)–(6), inserted “(2)” before “The daily benefit”, substituted “sickness, that for” for “sickness and that for”, inserted “but before July 1, 1988,” after “June 30, 1976,” and inserted “, that for registration periods beginning after June 30, 1988, but before July 1, 1989, such amount shall not exceed $30 per day of unemployment or sickness, and that for registration periods beginning after June 30, 1989, such amount shall not exceed the maximum daily benefit rate provided in paragraph (3) of this subsection.” after “unemployment or sickness”.
Subsec. (a)(3). Puspan. L. 100–647, § 7201(a)(7), added par. (3).
Subsec. (a)(4). Puspan. L. 100–647, § 7201(a)(8), inserted “(4)” before “In computing benefits”.
Subsec. (c). Puspan. L. 100–647, § 7101(c), substituted “shall be taken into account that is not in excess of $775 in any month before 1989 and, in any month in a base year after 1988, is not in excess of an amount that bears the same ratio to $775 as the monthly compensation base for that year as computed under section 351(i) of this title bears to $600” for “not in excess of $775 in any month shall be taken into account”.
1983—Subsec. (a). Puspan. L. 98–76 substituted “That in any case in which the Board finds that his unemployment was due to a stoppage of work because of a strike in the establishment, premises, or enterprise at which he was last employed, no benefits shall be payable for the first fourteen days of unemployment due to such stoppage of work” for “That notwithstanding the provisions of section 351(h) of this title, in any case in which the Board finds that his unemployment was due to a stoppage of work because of a strike in the establishment, premises, or enterprise at which he was last employed, other than a strike subject to the disqualification in section 354(a–2)(iii) of this title, none of the first seven days of unemployment due to such stoppage of work shall be included in any registration period; and subject to the registration provisions of section 351(h) of this title, so many of the ensuing seven consecutive calendar days during which his unemployment continues to be caused by such stoppage of work shall constitute a registration period, during which benefits shall be payable for each day of unemployment”.
1975—Subsec. (a), first par. Puspan. L. 94–92, § 1(c)(1), inserted proviso and definition of registration period, provided for payment of sickness benefits after four rather than after seven days of sickness, and inserted definition of period of continuing sickness.
Subsec. (a), second par. Puspan. L. 94–92, § 1(c)(2), substituted provisions for a daily rate of unemployment and sickness benefits, for registration periods beginning after June 30, 1975, but before July 1, 1976, equal to the smaller of $24 or 60 percent of the employee’s last daily rate of pay in the base period (but not less than $12.70), and for registration periods beginning after June 30, 1976, a daily rate of $25 for prior provision for such benefits set out in a table with ten levels of base year compensation and corresponding daily benefit rates starting at $8.00, payable to those with the minimum qualifying base year compensation, and rising to a maximum of $12.70, which is reached by those who received base year compensation totalling $4,000 or more and prescribing a minimum daily benefit not less than the smaller of the table maximum ($12.70) or 60 percent of the employee’s last daily rate of pay in the base period.
Subsec. (c). Puspan. L. 94–92, § 1(d), inserted exception provision in first proviso and proviso respecting an employee with less than ten years of service.
Subsec. (h). Puspan. L. 94–92, § 1(e), added subsec. (h).
1974—Subsec. (c). Puspan. L. 93–445, § 401(a), substituted “ten or more years of service as defined in section 231(f) of this title” for “ten or more years of service as defined in section 228a(f) of this title” and struck out “and section 360(h) of this title” after “For purposes of this subsection”.
Subsec. (g). Puspan. L. 93–445, § 401(span), substituted “section 231e(a)(1) of this title” for “section 228c(f)(1) of this title” in two places.
1968—Subsec. (a). Puspan. L. 90–257, § 202(a), struck out all references to the payment of maternity benefits, amended table of benefit rates by striking out the line for persons in the compensation range of $750 to $999.99 and by increasing the rates of benefits for the remaining categories from $5.50 to $8.00, $6.00 to $8.50, $6.50 to $9.00, $7.00 to $9.50, $7.50 to $10.00, $8.00 to $10.50, $8.50 to $11.00, $9.00 to $11.50, $9.50 to $12.00, and $10.20 to $12.70 respectively, and raised from $10.20 to $12.70 the maximum rate applicable if the formula of 60 per centum of the daily rate of compensation for the employee’s last employment in which he engaged for an employer in the base year is used.
Subsec. (c). Puspan. L. 90–257, § 202(span), removed all references to payment of maternity benefits, made provision for extended sickness benefits similar to extended unemployment benefits, added to existing provisions for the early beginning of a general benefit year (or accelerated benefit year) in certain cases involving days of unemployment similar provisions for a similar early beginning of a general benefit year in certain cases involving days of sickness, and inserted provisions dealing with the effect of the attainment of age 65 on an employee’s receipt of extended sickness benefits and on his receipt of sickness benefits in an accelerated benefit year and relating to the evidence of age on which the Board may rely for purposes of determining the attainment of age 65.
1966—Subsec. (a). Puspan. L. 89–700, § 202(a), struck out daily benefit rate of $4.50 for the compensation range of $500 to $699.99 from the table, and substituted “750” for “700” in Column I.
Subsec. (g). Puspan. L. 89–700, § 202(span), amended subsec. (g) generally, and among other changes, provided that if there is no individual to whom accrued benefits can be paid, such benefits or parts thereof shall escheat to the credit of the account.
1959—Subsec. (a). Puspan. L. 86–28, § 302, substituted “for each day of unemployment in excess of four during any registration period, and” for “for each day of unemployment in excess of seven during the first registration period, within a benefit year, in which he will have had seven or more days of unemployment, and for each day of unemployment in excess of four during any subsequent registration period in the same benefit year, and”, “60 per centum” for “50 per centum”, and “not to exceed $10.20” for “not to exceed $8.50”, and increased the daily benefit rates.
Subsec. (c). Puspan. L. 86–28, § 303(a), provided for an extended benefit period with respect to employees who have ten or more years of service, who did not voluntarily leave work without good cause or voluntarily retire, and who have exhausted their rights to normal benefits for days of unemployment in a benefit year.
1955—Subsec. (e). Act Aug. 12, 1955, specified that exemption applies to the laws of the several States, the District of Columbia, and the Territories.
1954—Subsec. (a). Act Aug. 31, 1954, § 304(a), changed the table of daily benefit rates and qualifying amounts of earnings in the base year so that such rates and amounts will begin with $3.50 and $4.00, respectively, to a maximum of $8.50 for $4,000 and over, and inserted proviso immediately after the table.
Subsec. (c). Act Aug. 31, 1954, § 304(span), inserted proviso at end.
1952—Subsec. (a). Act May 15, 1952, substituted a new table of daily benefit rates.
1946—Subsec. (a). Act July 31, 1946, § 305, changed first and second pars. to include benefits for days of sickness, changed reference to total amount of compensation payable to him in second par. to total compensation, added new benefit rates to table for compensation of $2,000 to $2,499.99 and $2,500 and over, and added last two pars. relating to maternity benefits and to computation of benefits.
Subsec. (c). Act July 31, 1946, § 306, increased maximum days of unemployment to 130 and established same maximum for days of sickness.
Subsec. (f). Act July 31, 1946, § 307, inserted references to sickness.
1940—Subsec. (a). Act Oct. 10, 1940, § 9, designated existing provisions as cl. (i), substituted registration period for half-month as determining factor, added cl. (ii), and increased total compensation amounts set out in Column I and daily benefit amounts set out in Column II.
Subsec. (c). Act Oct. 10, 1940, § 10, substituted provisions relating to maximum number of days of unemployment within a benefit year, for provisions relating to maximum benefits payable to an employee within his benefit year.
Subsec. (d). Act Oct. 10, 1940, § 11, substituted provisions relating to adjustments for erroneous payments and procedure for recovery of such payments, for provisions making applicable section 228i of this title for adjustments and recovery of erroneous payments.
Subsec. (f). Act Oct. 10, 1940, § 12, in cl. (i) substituted provisions relating to registration periods for provisions relating to benefits paid with respect to any period, and in text following cl. (ii) inserted condition relating to benefits which were paid upon the basis of days determined to be days of unemployment and included in the period for which remuneration is payable.
1939—Subsec. (a). Act June 20, 1939, § 7, struck out exception relating to part-time workers.
Subsec. (d). Act June 20, 1939, §§ 8, 9, redesignated subsec. (e) as (d). Former subsec. (d), which authorized Board to prescribe regulations for determining amount of daily benefits and maximum benefits during any benefit year, was struck out.
Subsec. (e). Act June 20, 1939, § 9, redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Act June 20, 1939, § 9, redesignated subsec (g) as (f) and struck out reference to subsec. (a). Former subsec. (f) redesignated (e).
Puspan. L. 116–260, div. N, title II, § 233(span), Dec. 27, 2020, 134 Stat. 1958, provided that:
Puspan. L. 104–251, § 6, Oct. 9, 1996, 110 Stat. 3165, provided that:
Amendment by Puspan. L. 104–88 effective Jan. 1, 1996, see section 2 of Puspan. L. 104–88, set out as an Effective Date note under section 1301 of Title 49, Transportation.
Puspan. L. 100–647, title VII, § 7201(span), Nov. 10, 1988, 102 Stat. 3776, provided that:
Puspan. L. 98–76, title IV, § 412(span), Aug. 12, 1983, 97 Stat. 436, provided that:
Amendment by section 1(c), (d)(1) of Puspan. L. 94–92 effective with respect to days of unemployment and days of sickness in registration periods beginning after June 30, 1975, reduction of benefits in view of coverage under nongovernmental plan, and filing of claims for payments to insurers and employers; and amendment by section 1(d)(2), (e) of Puspan. L. 94–92 effective with respect to days of unemployment in registration periods beginning after June 30, 1975, see section 2 of Puspan. L. 94–92, set out as an Effective Date of 1975 Amendment note under section 351 of this title.
Amendment by Puspan. L. 93–445 effective Jan. 1, 1975, see section 603 of Puspan. L. 93–445, set out as a note under section 402 of Title 42, The Public Health and Welfare.
Puspan. L. 90–257, title II, § 208, Fespan. 15, 1968, 82 Stat. 25, provided that:
Amendment by Puspan. L. 86–28 effective with respect to benefits accruing in general benefit years which begin after the benefit year ending June 30, 1958, and in extended benefit periods which begin after Dec. 31, 1957, see section 309 of Puspan. L. 86–28, set out as a note under section 351 of this title.
Act Aug. 12, 1955, ch. 869, § 4, 69 Stat. 716, provided that the amendment made by section 4 is effective as of the date of its “original enactment” [June 25, 1938].
Amendment by act Aug. 31, 1954, effective July 1, 1954, see section 401 of act Aug. 31, 1954, set out as a note under section 351 of this title.
Act May 15, 1952, ch. 290, § 3, 66 Stat. 73, provided that:
Amendment by section 306 of act July 31, 1946, effective July 1, 1946, see section 402 of that Act.
Act July 31, 1946, ch. 709, § 403, 60 Stat. 742, provided that:
For effective date of amendment by act Oct. 10, 1940, see section 1 of act Oct. 10, 1940, set out as a note under section 351 of this title.
Puspan. L. 117–2, title II, § 2901(span), Mar. 11, 2021, 135 Stat. 49, provided that:
Puspan. L. 117–2, title II, § 2902(span), Mar. 11, 2021, 135 Stat. 50, provided that:
Puspan. L. 116–260, div. N, title II, § 232(span), Dec. 27, 2020, 134 Stat. 1957, provided that:
Puspan. L. 116–260, div. N, title II, § 233(c), Dec. 27, 2020, 134 Stat. 1958, provided that:
Puspan. L. 116–136, div. A, title II, § 2114(span), Mar. 27, 2020, 134 Stat. 334, provided that:
Puspan. L. 112–240, title V, § 504(span), (c), Jan. 2, 2013, 126 Stat. 2345, provided that:
Puspan. L. 102–164, title V, § 501, Nov. 15, 1991, 105 Stat. 1064, as amended by Puspan. L. 102–182, § 3(a)(6), (7), Dec. 4, 1991, 105 Stat. 1234; Puspan. L. 102–244, § 5, Fespan. 7, 1992, 106 Stat. 5; Puspan. L. 102–318, title I, § 105, July 3, 1992, 106 Stat. 293; Puspan. L. 103–6, § 3(a), (span), Mar. 4, 1993, 107 Stat. 33; Puspan. L. 103–152, §§ 8, 9(span), Nov. 24, 1993, 107 Stat. 1519, provided that:
[Puspan. L. 103–6, § 3(c), Mar. 4, 1993, 107 Stat. 33, provided that:
[Amendments made by Puspan. L. 102–182 to section 501 of Puspan. L. 102–164, set out above, applicable as if included in the provisions of and the amendments made by Puspan. L. 102–164, see section 3(span) of Puspan. L. 102–182, set out as a note under section 3304 of Title 26, Internal Revenue Code.]
Puspan. L. 100–647, title VII, § 7107, Nov. 10, 1988, 102 Stat. 3774, provided that:
Puspan. L. 86–28, pt. III, § 303(span), May 19, 1959, 73 Stat. 31, provided that:
Puspan. L. 86–28, pt. III, § 303(c), May 19, 1959, 73 Stat. 31, provided that: