(a) Individual account. An Extended Benefit Account shall be
established for each individual determined to be eligible for Extended
Benefits, in the sum of the maximum amount potentially payable to the
individual as computed in accordance with paragraph (b) of this section.
(b) Computation of amount in individual account. (1) The amount
established in the Extended Benefit Account of an individual, as the
maximum amount potentially payable to the individual during the
individual's eligibility period, shall be equal to the lesser of--
(i) 50 percent of the total amount of regular compensation
(including dependents' allowances) payable to the individual during the
individual's applicable benefit year; or
(ii) 13 times the individual's weekly amount of Extended Benefits
payable for a week of total unemployment, as determined pursuant to
Sec. 615.6(a); or
(iii) 39 times the individual's weekly benefit amount referred to in
(ii), reduced by the regular compensation paid (or deemed paid) to the
individual during the individual's applicable benefit year.
(2) If the State law so provides, the amount in the individual's
Extended Benefit Account shall be reduced by the aggregate amount of
additional compensation paid (or deemed paid) to the individual under
such law for prior weeks of unemployment in such benefit year which did
not begin in an Extended Benefit Period.
(c) Changes in accounts. (1) If an individual is entitled to more or
less Extended Benefits as a result of a redetermination or an appeal
which awarded more or less regular compensation or Extended Benefits, an
appropriate change shall be made in the individual's Extended Benefit
Account pursuant to an amended determination of the individual's
entitlement to Extended Benefits.
(2) If an individual who has received Extended Benefits for a week
of unemployment is determined to be entitled to more regular
compensation with respect to such week as the result of a
redetermination or an appeal, the Extended Benefits paid shall be
treated as if they were regular compensation up to the greater amount to
which the individual has been determined to be entitled, and the State
agency shall make appropriate adjustments between the regular and
extended accounts. If the individual is entitled to more Extended
Benefits as a result of being entitled to more regular compensation, an
amended determination shall be made of the individual's entitlement to
Extended Benefits. If the greater amount of regular compensation results
in an increased duration of regular compensation, the individual's
status as an exhaustee shall be redetermined as of the new date of
exhaustion of regular compensation.
(3) If an individual who has received Extended Benefits for a week
of unemployment is determined to be entitled to less regular
compensation as the result of a redetermination or an appeal, and as a
consequence is entitled to less Extended Benefits, any Extended Benefits
paid in excess of the amount to which the individual is determined to be
entitled after the redetermination or decision on appeal shall be
considered an overpayment which the individual shall have to repay on
the same basis and in the same manner that excess payments of regular
compensation are required to be repaid under the applicable State law.
If such decision reduces the duration of regular compensation payable to
the individual, the claim for Extended Benefits shall be backdated to
the earliest date, subsequent to the date when the redetermined regular
compensation was exhausted and within the individual's eligibility
period, that the individual was eligible to file a claim for Extended
Benefits. Any such changes shall be made pursuant to an amended
determination of the individual's entitlement to Extended Benefits.
(d) Reduction because of trade readjustment allowances. Section
233(d) of the Trade Act of 1974 (and section
204(a)(2)(C) of the Act), requiring a reduction of Extended Benefits
because of the receipt of trade readjustment allowances, shall be
applied as follows:
(1) The reduction of Extended Benefits shall apply only to an
individual who has not exhausted his/her Extended Benefits at the end of
the benefit year;
(2) The amount to be deducted is the product of the weekly benefit
amount for Extended Benefits multiplied by the number of weeks for which
trade readjustment allowances were paid (regardless of the amount paid
for any such week) up to the close of the last week that begins in the
benefit year; and
(3) The amount to be deducted shall be deducted from the balance of
Extended Benefits not used as of the close of the last week which begins
in the benefit year.
