(a)(1) ``Exhaustee'' means an individual who, with respect to any
week of unemployment in the individual's eligibility period:
(i) Has received, prior to such week, all of the regular
compensation that was payable under the applicable State law or any
other State law (including regular compensation payable to Federal
civilian employees and Ex-Servicemembers under 5 U.S.C. chapter 85) for
the applicable benefit year that includes such week; or
(ii) Has received, prior to such week, all of the regular
compensation that was available under the applicable State law or any
other State law (including regular compensation available to Federal
civilian employees and Ex-Servicemembers under 5 U.S.C. chapter 85) in
the benefit year that includes such week, after the cancellation of some
or all of the individual's wage credits or the total or partial
reduction of the individual's right to regular compensation; or
(iii) The applicable benefit year having expired prior to such week
and the individual is precluded from establishing a second (new) benefit
year, or the individual established a second benefit year but is
suspended indefinitely from receiving regular compensation, solely by
reason of a State law provision which meets the requirement of section
3304(a)(7) of the Internal Revenue Code of 1954 (26 U.S.C. 3304(a)(7)):
Provided, that, an individual shall not be entitled to Extended Benefits
based on regular compensation in a second benefit year during which the
individual is precluded from receiving regular compensation solely by
reason of a State law provision which meets the requirement of section
3304(a)(7) of the Internal Revenue Code of 1986 (26 U.S.C. 3304(a)(7));
or
(iv) The applicable benefit year having expired prior to such week,
the individual has insufficient wages or employment, or both, on the
basis of which a new benefit year could be established in any State that
would include such week; and
(v) Has no right to unemployment compensation for such week under
the Railroad Unemployment Insurance Act or such other Federal laws as
are specified by the Department pursuant to this paragraph; and
(vi) Has not received and is not seeking for such week unemployment
compensation under the unemployment compensation law of Canada, unless
the Canadian agency finally determines that the individual is not
entitled to unemployment compensation under the Canadian law for such
week.
(2) An individual who becomes an exhaustee as defined above shall
cease to be an exhaustee commencing with the first week that the
individual becomes eligible for regular compensation under any State law
or 5 U.S.C. chapter 85, or has any right to unemployment compensation as
provided in paragraph (a)(1)(v) of this section, or has received or is
seeking unemployment compensation as provided in paragraph (a)(1)(vi) of
this section. The individual's Extended Benefit Account shall be
terminated upon the occurrence of any such week, and the individual
shall have no further right to any balance in that Extended Benefit
Account.
(b) Special Rules. For the purposes of paragraphs (a)(1)(i) and
(a)(1)(ii) of this section, an individual shall be deemed to have
received in the applicable benefit year all of the regular compensation
payable according to the monetary determination, or available to the
individual, as the case may be, even though--
(1) As a result of a pending appeal with respect to wages or
employment or both that were not included in the original monetary
determination with respect to such benefit year, the individual may
subsequently be determined to be entitled to more or less regular
compensation, or
(2) By reason of a provision in the State law that establishes the
weeks of the year in which regular compensation may be paid to the
individual on the basis of wages in seasonal employment--
(i) The individual may be entitled to regular compensation with
respect to future weeks of unemployment in the next season or off
season, as the case may be, but such compensation is not payable with
respect to the week of unemployment for which Extended Benefits are
claimed, and
(ii) The individual is otherwise an exhaustee within the meaning of
this section with respect to rights to regular compensation during the
season or off season in which that week of unemployment occurs, or
(3) Having established a benefit year, no regular compensation is
payable during such year because wage credits were cancelled or the
right to regular compensation was totally reduced as the result of the
application of a disqualification.
(c) Adjustment of week. If it is subsequently determined as the
result of a redetermination or appeal that an individual is an exhaustee
as of a different week than was previously determined, the individual's
rights to Extended Benefits shall be adjusted so as to accord with such
redetermination or decision.
