As used in this part 1, unless the context otherwise requires:
"Eligibility period" of an individual means the period consisting of the weeks in hisbenefit year which begin in an extended benefit period and, if his benefit year ends within such extended benefit period, any weeks thereafter which begin in such period.
(a) "Exhaustee" means an individual who, with respect to any week of unemployment in his or her eligibility period:
Has received, prior to such week, all of the regular benefits that were payable to himunder articles 70 to 82 of this title or any other state law (including dependents' allowances and regular benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C., chapter 85) for his benefit year that includes such week;
Has received, prior to such week, all of the regular benefits that were available tohim under articles 70 to 82 of this title or any other state law (including dependents' allowances and regular benefits available to federal civilian employees and ex-servicemen under 5 U.S.C., chapter 85) in his benefit year that includes such week, after the cancellation of some or all of his wage credits or the total or partial reduction of his right to regular benefits. For the purposes of this subparagraph (II) and subparagraph (I) of this paragraph (a), an individual shall be deemed to have received in his applicable benefit year all of the regular benefits that were payable to him or available to him, as the case may be, even though:
As a result of a pending appeal with respect to wages or employment, or both, thatwas not included in the original monetary determination with respect to such benefit year, he may subsequently be determined to be entitled to more regular benefits; or
By reason of the seasonal provisions of another state law, he is not entitled to regularbenefits with respect to such week of unemployment (although he may be entitled to regular benefits with respect to future weeks of unemployment in the next season or off-season, as the case may be, in such benefit year), and he is otherwise an exhaustee within the meaning of this subsection (2) with respect to his right to regular benefits under such other state law's seasonal provisions during the season or off-season in which that week of unemployment occurs; or
Having established a benefit year, no regular benefits are payable to him during suchyear because his wage credits were cancelled or his right to regular benefits was totally reduced as a result of the application of a disqualification;
His benefit year having ended prior to such week, has insufficient wages or employment, or both, on the basis of which he could establish in any state a new benefit year that would include such week or, having established a new benefit year that includes such week, he is precluded from receiving regular benefits by reason of the provisions of section 8-73-107 (2) which meet the requirements of section 3304 (a)(7) of the "Federal Unemployment Tax Act" or a similar provision in any other state law;
Has no right for such week to unemployment benefits or allowances, as the casemay be, under the "Railroad Unemployment Insurance Act", the "Trade Expansion Act of 1962", and such other federal laws as are specified in regulations issued by the United States secretary of labor;
Has not received and is not seeking for such week unemployment benefits under anunemployment compensation law of Canada, unless the appropriate agency finally determines that he is not entitled to unemployment benefits under such law for such week; or
Has received all of the unemployment compensation benefits pursuant to part 2 ofthis article and regular unemployment compensation benefits available in a benefit year.
(b) "Applicable benefit year", as used in this subsection (2), means, with respect to an individual, his current benefit year if at the time he files a claim for extended benefits he has an unexpired benefit year only in the state in which he files such claim or, in any other case, his most recent benefit year. For the purpose of this paragraph (b), his "most recent benefit year", if he has unexpired benefit years in more than one state when he files a claim for extended benefits, is the benefit year with the latest ending date or, if such benefit years have the same ending date, the benefit year in which his latest continued claim for regular benefits was filed.
(3) (a) "Extended benefit period" means a period which:
(I) Begins with the third week after a week for which there is an "on" indicator; and (II) Ends with either of the following weeks, whichever occurs later:
(A) The third week after the first week for which there is an "off" indicator; or (B) The thirteenth consecutive week of such period.
(b) But no extended benefit period may begin by reason of an "on" indicator before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this state.
"Extended benefits" means benefits as defined in section 8-70-110 (1)(b).
(4.5) "High unemployment period" means a period in which the seasonally adjusted total unemployment rate, as determined by the United States secretary of labor, for the most recent three months for which data for all states is published, equals or exceeds eight percent.
and (6) Repealed.
"Rate of insured unemployment", for the purposes of subsection (11) of this section,means the percentage derived by dividing: The average weekly number of individuals filing claims for regular compensation in this state for weeks of unemployment with respect to the most recent consecutive thirteen-week period as determined by the division on the basis of its reports to the United States secretary of labor, by the average monthly employment covered under articles 70 to 82 of this title for the first four of the six most recently completed calendar quarters ending before the end of such thirteen-week period.
"Regular benefits" means benefits as defined in section 8-70-110 (1)(a).
"State law" means the unemployment insurance law of any state, approved by theUnited States secretary of labor under section 3304 of the federal "Internal Revenue Code of 1986", as amended.
(9.5) "Total unemployment rate" or "TUR" means the percentage derived by dividing the number of all unemployed persons in the civilian labor force by the number of individuals comprising the total labor force, including both employed and unemployed individuals, and then multiplying that number by one hundred.
There is an "off" indicator for a week if, for the period consisting of such week andthe immediately preceding twelve weeks, either:
Sub-subparagraph (A) or (C) of subparagraph (I) of paragraph (a) of subsection (11) of this section was not satisfied, and subparagraph (II) of paragraph (a) of subsection (11) of this section was not satisfied; or
Sub-subparagraph (B) or (C) of subparagraph (I) of paragraph (a) of subsection (11) of this section was not satisfied, and subparagraph (II) of paragraph (a) of subsection (11) of this section was not satisfied.
(11) (a) There is an "on" indicator for a week if the rate of insured unemployment under articles 70 to 82 of this title for the period consisting of such week and the immediately preceding twelve weeks:
(I) (A) Equaled or exceeded one hundred twenty percent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years; or
(B) Equaled or exceeded one hundred twenty percent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding three calendar years with respect to weeks beginning on or after December 17, 2010, and ending December 31, 2011, or while Pub.L. 111-312 and any amendments thereto are in effect; and (C) Equaled or exceeded five percent; or (II) Equaled or exceeded six percent.
(b) Repealed.
Source: L. 71: R&RE, p. 943, § 18. C.R.S. 1963: § 82-13-1. L. 73: p. 961, § 12. L. 76:
(2) R&RE, p. 349, § 15, effective October 1. L. 77: (2)(a)(V) amended and (5), (6), (10), and
(11) R&RE, pp. 465, 466, §§ 17, 18, effective July 7. L. 82: (3)(a)(I), (3)(a)(II)(A), (3)(b), (7), (10), and (11)(a) amended and (5), (6), and (11)(b) repealed, pp. 237, 240, §§ 5, 11, effective July 1. L. 83: (10) amended, p. 2047, § 1, effective October 14. L. 90: (4) and (8) amended, p. 604, § 8, effective April 3. L. 92: (2)(a)(V) amended, p. 1796, § 6, effective April 10. L. 2000: (9) amended, p. 1838, § 3, effective August 2. L. 2009: (4.5) and (9.5) added, (SB 09-247), ch. 405, p. 2235, § 8, effective July 1. L. 2010: IP and IP(2)(a) amended and (2)(a)(VI) added, (SB 10-028), ch. 397, p. 1890, § 2, effective June 9. L. 2011: (10) and (11)(a) amended, (SB 11-010), ch. 76, p. 209, § 2, effective March 29.