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Congressional Research Service
Inforrning the legislative debate since 1914


                                                                                               March 26, 2020

Unemployment Insurance Provisions in the CARES Act (H.R.

748, as Amended)


This In Focus summarizes the Unemployment Insurance
(UI) provisions in Title II, Subtitle A, of the CARES Act,
H.R. 748, as amended, and as passed by the Senate on
March 25, 2020. It also provides a brief comparison with
the UI provisions enacted in H.R. 6201/P.L. 116-127, the
Families First Coronavirus Response Act.

Expanded   Benefit Eligibility
Section 2102 of the CARES Act would create a temporary,
federal UI program for individuals not otherwise eligible
for UI benefits (e.g., self-employed, independent
contractors, gig economy workers): Pandemic
Unemployment  Assistance (PUA).

PUA  would provide up to 39 weeks of federally financed
UI benefits to unemployed workers who (1) are ineligible
for any other state or federal UI benefit; (2) meet conditions
related to being unemployed, partially unemployed, or
unable to work due to COVID-19; and (3) are not able to
telework and not receiving any paid leave. The PUA
maximum   duration of 39 weeks would be offset by any
weeks of other UI benefits payable to an individual;
including regular, state Unemployment Compensation
(UC), Pandemic Emergency Unemployment   Compensation
(PEUC,  described below), or Extended Benefits (EB).

PUA  would be available in all states and U.S. territories,
subject to agreements with U.S. Department of Labor
(DOL). PUA  would pay benefits for weeks of
unemployment, partial unemployment, or inability to work
beginning on or after January 27, 2020, and ending on or
before December 31, 2020 (hereinafter, end of December
2020). PUA benefits could be paid retroactively.

The PUA  benefit amount would be the weekly benefit
amount (WBA)  as calculated under state law based on
recent earnings (subject to the minimum benefit under
Disaster Unemployment Assistance [DUA], which is half of
the state's average weekly UC benefit amount). In
territories without UC programs, the PUA benefit would be
determined by DUA  regulations. For background on DUA,
see CRS Report RS22022, Disaster Unemployment
Assistance (DUA).

All PUA benefits, like other UI benefits, would be
augmented by $600 a week (see below for description of
the Federal Pandemic Unemployment Compensation)
through July 2020.

Additional Weeks   of Benefits
Section 2107 would create PEUC, which would authorize
up to 13 additional weeks of federally financed UI benefits
for individuals who exhaust state and federal UI benefits

                                         https://crsreport


and are able, available, and actively seeking work, subject
to COVID-19-related flexibilities.

PEUC  would be authorized through the end of December
2020. The PEUC  benefit amount would be the WBA as
calculated under state law. All PEUC benefits would be
increased $600 a week by Federal Pandemic
Unemployment  Compensation  (FPUC, described below)
through July 2020. (During the period that PEUC is
authorized, states would be prohibited from reducing UC
benefit amount or duration.)

Additional $600  Weekly  Federal  Compensation
Section 2104 would provide an additional, federally
financed $600 benefit that would augment all weekly UI
benefits including PUA, UC, EB, and PEUC. This FPUC
would be payable for weeks of unemployment ending on or
before July 31, 2020. (During the period that this payment
is authorized, states would be prohibited from reducing UC
benefit amount or duration.)

Other  UI Provisions
*  Section 2103 would, through December 2020, provide
   50%  federal funding of regular UC benefits based on
   service with reimbursing employers, which are state and
   local governments, Indian tribes, and nonprofit
   organizations that have opted not to pay UI taxes, but
   instead reimburse states for UC benefits paid to their
   former employees. This provision would provide
   financial relief to these reimbursing employers. It would
   also allow for state flexibility in the timing of required
   reimbursement payments for these employers.

*  Section 2105 would provide 100% federal financing
   through the end of December for UC benefits provided
   during the first week of unemployment in state UC
   programs with no one-week waiting period (thus,
   incentivizing states that require one-week waiting
   periods before receiving UC under state law to remove
   them).

*  Section 2106 would waive federal requirements
   regarding merit staffing for state UC programs on an
   emergency, temporary basis in response to COVID-19
   until December 31, 2020. This waiver would be limited
   to certain temporary actions taken by states to quickly
   process UI claims, including rehiring former employees
   and temporary hiring.

*  Sections 2108-2111 would authorize 100% federal
   financing of Short-Time Compensation (STC; work
   sharing) in states with existing programs and 50%


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