Unemployment Insurance (UI) Benefits: Permanent-Law Programs and the COVID-19 Pandemic Response

Changes from June 25, 2021 to August 22, 2021

This page shows textual changes in the document between the two versions indicated in the dates above. Textual matter removed in the later version is indicated with ~~red strikethrough~~ and textual matter added in the later version is indicated with blue.

Current Status of Unemployment Insurance
~~June 25~~August 22, 2021 , 2021
(UI) Benefits: Permanent-Law Programs and
Julie M. Whittaker
COVID-19 Pandemic Response
Specialist in Income Specialist in Income
Security Security
The Unemployment Insurance (UI) system is constructed as a joint federal-state partnership, in The Unemployment Insurance (UI) system is constructed as a joint federal-state partnership, in

which the Unemployment Compensation (UC) program and the UC benefit are the foundation of which the Unemployment Compensation (UC) program and the UC benefit are the foundation of
Katelin P. Isaacs
the UI system. The U.S. Department of Labor (DOL) provides oversight of state UC programs the UI system. The U.S. Department of Labor (DOL) provides oversight of state UC programs
Specialist in Income Specialist in Income
and the state administration of federal UI benefits. Although there are broad requirements under and the state administration of federal UI benefits. Although there are broad requirements under
Security Security
federal law regarding UC benefits and financing, the specifics are set out under each state’s laws, federal law regarding UC benefits and financing, the specifics are set out under each state’s laws,

resulting in 53 different UC programs operated in the 50 states, the District of Columbia, Puerto resulting in 53 different UC programs operated in the 50 states, the District of Columbia, Puerto
Rico, and the U.S. Virgin Islands. States operate their own UC programs and administer any Rico, and the U.S. Virgin Islands. States operate their own UC programs and administer any

temporary, federal UI benefits. A state UC program determines the weekly benefit amount and temporary, federal UI benefits. A state UC program determines the weekly benefit amount and
the number of weeks of UC available to unemployed workers. Most states provide up to 26 weeks of UC to eligible the number of weeks of UC available to unemployed workers. Most states provide up to 26 weeks of UC to eligible
individuals who become involuntarily unemployed for economic reasons and meet state-established eligibility rules. individuals who become involuntarily unemployed for economic reasons and meet state-established eligibility rules.
The UI system’s two main objectives are to provide temporary and partial wage replacement to involuntarily unemployed The UI system’s two main objectives are to provide temporary and partial wage replacement to involuntarily unemployed
workers and to stabilize the economy during recessions. The two permanent-law UI benefits—UC and Extended Benefits workers and to stabilize the economy during recessions. The two permanent-law UI benefits—UC and Extended Benefits
(EB)—are countercyclical, with spending and weekly benefit payments that increase automatically during a recession. (EB)—are countercyclical, with spending and weekly benefit payments that increase automatically during a recession.
Congress often supplements these permanently authorized economic stabilization measures by enacting temporary UI benefit Congress often supplements these permanently authorized economic stabilization measures by enacting temporary UI benefit
expansions during recessions. In response to the recent recession caused by the Coronavirus Disease 2019 (COVID-19) expansions during recessions. In response to the recent recession caused by the Coronavirus Disease 2019 (COVID-19)
pandemic, Congress created several temporary UI programs through the Coronavirus Aid, Relief, and Economic Security pandemic, Congress created several temporary UI programs through the Coronavirus Aid, Relief, and Economic Security
(CARES) Act (P.L. 116-136); extended these programs through Division N, Title II, Subtitle A , of the Consolidated (CARES) Act (P.L. 116-136); extended these programs through Division N, Title II, Subtitle A , of the Consolidated
Appropriations Act, 2021 (P.L. 116-260; the Continued Assistance for Unemployed Workers Act of 2020, or “Continued Appropriations Act, 2021 (P.L. 116-260; the Continued Assistance for Unemployed Workers Act of 2020, or “Continued
Assistance Act”); and further extended them through Title IX, Subtitle A, of the American Rescue Plan Act of 2021 (ARPA; Assistance Act”); and further extended them through Title IX, Subtitle A, of the American Rescue Plan Act of 2021 (ARPA;
P.L. 117-2): P.L. 117-2):
 Federal Pandemic Unemployment Compensation (FPUC) provides a $300 per week supplement for all UI  Federal Pandemic Unemployment Compensation (FPUC) provides a $300 per week supplement for all UI
benefits for weeks of unemployment beginning on or after December 27, 2020. No FPUC benefits are benefits for weeks of unemployment beginning on or after December 27, 2020. No FPUC benefits are
payable after September 4, 2021 (September 5, 2021payable after September 4, 2021 (September 5, 2021, in New York; for subsequent UI benefit expiration in New York; for subsequent UI benefit expiration
dates provided below, the benefit expiration date in New York falls one calendar day later, which is due to dates provided below, the benefit expiration date in New York falls one calendar day later, which is due to
state definitions of state definitions of week). ).
 Pandemic Emergency Unemployment Compensation (PEUC) provides a total of 49 additional weeks of  Pandemic Emergency Unemployment Compensation (PEUC) provides a total of 49 additional weeks of
federally financed UI benefits for individuals who exhaust state and federal UI benefits and are able to federally financed UI benefits for individuals who exhaust state and federal UI benefits and are able to
work, available for work, and actively seeking work, subject to COVID-19-related flexibilities, through work, available for work, and actively seeking work, subject to COVID-19-related flexibilities, through
September 4, 2021. September 4, 2021.
 Pandemic Unemployment Assistance (PUA) provides a total of 75 weeks of a temporary, federal UI  Pandemic Unemployment Assistance (PUA) provides a total of 75 weeks of a temporary, federal UI
program for individuals who are (1) not otherwise eligible for UI benefits (e.g., self-employed, independent program for individuals who are (1) not otherwise eligible for UI benefits (e.g., self-employed, independent
contractors, gig economy workers); (2) unemployed, partially unemployed, or unable to work due to a contractors, gig economy workers); (2) unemployed, partially unemployed, or unable to work due to a
specific COVID-19-related reason; and (3) not able to telework and are not receiving any paid leave. The specific COVID-19-related reason; and (3) not able to telework and are not receiving any paid leave. The
PUA benefit is available through September 4, 2021. PUA benefit is available through September 4, 2021.
Additionally, the Continued Assistance Act authorized an additional, temporary UI benefit: Additionally, the Continued Assistance Act authorized an additional, temporary UI benefit:
 Mixed Earner Unemployment Compensation (MEUC) provides, at state option, a $100 per week benefit  Mixed Earner Unemployment Compensation (MEUC) provides, at state option, a $100 per week benefit
augmentation for unemployed workers with income from both wage-and-salary jobs and self-employment augmentation for unemployed workers with income from both wage-and-salary jobs and self-employment
who are not currently receiving PUA. MEUC is available in most states for weeks of unemployment who are not currently receiving PUA. MEUC is available in most states for weeks of unemployment
beginning on or after December 27, 2020. After September 4, 2021, no MEUC benefits are payable. beginning on or after December 27, 2020. After September 4, 2021, no MEUC benefits are payable.
FPUC, PEUC, PUA, and MEUC are all payable through voluntary agreements between DOL and FPUC, PEUC, PUA, and MEUC are all payable through voluntary agreements between DOL and ~~each state, which~~
~~administers the benefits if it chooses to participate. As of the cover date of this report, 25 states have recently provided formal~~
~~notice to DOL to terminate their agreements to pay some or all of these COVID-19-related UI benefits, with effective~~
~~termination dates ranging from June 12, 2021, to July 10, 2021.~~
~~Congressional Research Service~~

~~Current Unemployment Insurance (UI) Benefits During Covid-19 Recession~~

states. Each agreement requires that the state administer the benefits. All states agreed to administer FPUC, PEUC, and PUA, and all but two states (Idaho and South Dakota) agreed to administer MEUC. However, 26 of the states announced terminations to some or all of their agreements to pay COVID-19 UI benefits prior to the end of the federal authorization of the programs. Since then, DOL reported that state courts in Indiana and Maryland have issued temporary orders prohibiting early termination from some or all of the COVID-19 UI programs. (Additional legal challenges have been reported in other states but at this time do not appear to have reestablished participation.) For additional information on legislative proposals introduced to make changes to UI programs and benefits, see CRS Report For additional information on legislative proposals introduced to make changes to UI programs and benefits, see CRS Report
R46789,R46789, Unemployment Insurance: Legislative Issues in the 117th Congress. .
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Current Unemployment Insurance (UI) Benefits During Covid-19 Recession

Unemployment Insurance: Wage Replacement and
Automatic Economic Stabilization
The Unemployment Insurance (UI) system is constructed as a joint federal-state partnership The Unemployment Insurance (UI) system is constructed as a joint federal-state partnership
providing temporary and partial wage replacement to involuntarily unemployed workers. The providing temporary and partial wage replacement to involuntarily unemployed workers. The
Unemployment Compensation (UC) program and the UC benefit provide the foundation of the UI Unemployment Compensation (UC) program and the UC benefit provide the foundation of the UI
system. Although there are broad requirements under federal law regarding UC benefits and system. Although there are broad requirements under federal law regarding UC benefits and
financing, the specifics are set out under each state’s laws, resulting in 53 different UC programs financing, the specifics are set out under each state’s laws, resulting in 53 different UC programs
operated in the 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. The operated in the 50 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. The
U.S. Department of Labor (DOL) provides oversight of state UC programs and state U.S. Department of Labor (DOL) provides oversight of state UC programs and state
administration of federal UI benefits. States operate their own permanent-law UC programs and administration of federal UI benefits. States operate their own permanent-law UC programs and
also administer any temporary, federal UI benefits. Each state’s UC laws determine the weekly also administer any temporary, federal UI benefits. Each state’s UC laws determine the weekly
benefit amount and the number of weeks of UC available to an unemployed worker. Most states benefit amount and the number of weeks of UC available to an unemployed worker. Most states
provide up to 26 weeks of UC to eligible individuals who become involuntarily unemployed for provide up to 26 weeks of UC to eligible individuals who become involuntarily unemployed for
economic reasons and meet state-established eligibility rules. economic reasons and meet state-established eligibility rules.
The UI system’s main objectives are to provide temporary and partial wage replacement to The UI system’s main objectives are to provide temporary and partial wage replacement to
involuntarily unemployed workers and to stabilize the economy during recessions.1 The two involuntarily unemployed workers and to stabilize the economy during recessions.1 The two
permanently authorized UI programs—UC and Extended Benefits (EB)—provide weekly, permanently authorized UI programs—UC and Extended Benefits (EB)—provide weekly,
countercyclical payments that increase automatical y during a recession. The intent to provide countercyclical payments that increase automatical y during a recession. The intent to provide
economic stability is reflected in the UI system’s funding and benefit structure. During economic economic stability is reflected in the UI system’s funding and benefit structure. During economic
expansions, states fund approximately 85%-90% of al UC expenditures—as almost al UC expansions, states fund approximately 85%-90% of al UC expenditures—as almost al UC
benefits are state-financed by state unemployment taxes. In comparison, federal UC expenditures benefits are state-financed by state unemployment taxes. In comparison, federal UC expenditures
are relatively smal during these expansions (approximately 10%-15%) and are primarily made to are relatively smal during these expansions (approximately 10%-15%) and are primarily made to
the states via administrative grants financed by federal unemployment tax revenue.2 the states via administrative grants financed by federal unemployment tax revenue.2
When employment grows, state and federal UC tax revenues rise and spending on UC benefits When employment grows, state and federal UC tax revenues rise and spending on UC benefits
fal s because fewer workers are unemployed.3 In a recession, UC tax revenue decreases and UC fal s because fewer workers are unemployed.3 In a recession, UC tax revenue decreases and UC
program spending increases as more workers lose their jobs and receive UC benefits. The program spending increases as more workers lose their jobs and receive UC benefits. The
increased amount of UC payments to unemployed workers mitigates the economic impact of their increased amount of UC payments to unemployed workers mitigates the economic impact of their
lost earnings by injecting additional funds into the economy. lost earnings by injecting additional funds into the economy.
To support the UC program’s economic stabilization efforts during higher unemployment periods, To support the UC program’s economic stabilization efforts during higher unemployment periods,
federal law includes an automatic extension of the regular UC benefit through the permanently federal law includes an automatic extension of the regular UC benefit through the permanently
authorized EB program. The UI system is designed to supplement the weeks of UC payments by authorized EB program. The UI system is designed to supplement the weeks of UC payments by
automatical y triggering the availability of up to an additional 13 or 20 weeks of EB payments. automatical y triggering the availability of up to an additional 13 or 20 weeks of EB payments.
Triggering on to EB requires that a state meets certain unemployment thresholds (the state also Triggering on to EB requires that a state meets certain unemployment thresholds (the state also
has options to adopt certain additional unemployment triggers). In practice, the required EB has options to adopt certain additional unemployment triggers). In practice, the required EB

1 See, for example, President Franklin Roosevelt’s remarks at1 See, for example, President Franklin Roosevelt’s remarks at the signing of the Social Security Act on August 14, the signing of the Social Security Act on August 14,
1935: “ T his law, too, represents a cornerstone in a structure which is being built but is by1935: “ T his law, too, represents a cornerstone in a structure which is being built but is by no means complete. It is a no means complete. It is a
structure intended to lessen the force of possible future depressions. It will actstructure intended to lessen the force of possible future depressions. It will act as a protection to future Administrations as a protection to future Administrations
against the necessity of going deeply into debt to furnish relief to the needy. T he law will flatten outagainst the necessity of going deeply into debt to furnish relief to the needy. T he law will flatten out the peaks and the peaks and
valleys of deflation and of inflation. It is, in short, a law that will take care of human valleys of deflation and of inflation. It is, in short, a law that will take care of human ~~nee ds~~needs and at the same time and at the same time
provide the United States an economic structure of vastly greater soundness,” available at http://www.ssa.gov/history/provide the United States an economic structure of vastly greater soundness,” available at http://www.ssa.gov/history/
fdrstmts.html#signing. fdrstmts.html#signing.
2 For a description of administrative grants to the states, see CRS In Focus IF10838, 2 For a description of administrative grants to the states, see CRS In Focus IF10838, Funding the State Administration
of Unem ploym ent Com pensation (UC) Benefits. .
3 For a description of federal and state unemployment taxes, see CRS Report R44527, 3 For a description of federal and state unemployment taxes, see CRS Report R44527, Unemployment Compensation:
The Fundam entals of the Federal Unem ploym ent Tax (FUTA) . .
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trigger is set to such a high level of unemployment that the majority of states do not trigger onto trigger is set to such a high level of unemployment that the majority of states do not trigger onto
EB in most recessions.4 The weekly EB payment is the same as the underlying UC benefit EB in most recessions.4 The weekly EB payment is the same as the underlying UC benefit
amount, and thus, it also varies by state. amount, and thus, it also varies by state.
Congress often supplements these UI system stabilization efforts by enacting temporary UI Congress often supplements these UI system stabilization efforts by enacting temporary UI
benefit expansions—such as the benefits created under the Coronavirus Aid, Relief, and benefit expansions—such as the benefits created under the Coronavirus Aid, Relief, and
Economic Security (CARES) Act (P.L. 116-136). Economic Security (CARES) Act (P.L. 116-136).
Temporary Federal Extensions of UI: Congressional Response to
Recessions
Since the creation of the UI program in 1935, Congress has acted nine times—1958, 1961, 1971, Since the creation of the UI program in 1935, Congress has acted nine times—1958, 1961, 1971,
1974, 1982, 1991, 2002, 2008, and 2020—to create temporary additional UI benefits.5 These 1974, 1982, 1991, 2002, 2008, and 2020—to create temporary additional UI benefits.5 These
temporary benefits extended the number of weeks an individual might claim UC benefits (ranging temporary benefits extended the number of weeks an individual might claim UC benefits (ranging
from an additional 6 weeks to 53 weeks) and included expiration dates for the additional benefits. from an additional 6 weeks to 53 weeks) and included expiration dates for the additional benefits.
Congress often extended the authorization of these temporary benefits as wel as expanded and Congress often extended the authorization of these temporary benefits as wel as expanded and
contracted the benefits as the labor market recovered from the recession. Some weeks of contracted the benefits as the labor market recovered from the recession. Some weeks of
additional benefits were conditional on state economic conditions.6 Temporary programs enacted additional benefits were conditional on state economic conditions.6 Temporary programs enacted
in 2020 in response to the COVID-19 pandemic are discussed in the in 2020 in response to the COVID-19 pandemic are discussed in the “Temporary COVID-19
Pandemic UI Programs” section of this report. ” section of this report.
During the COVID-19 pandemic-related recession, individuals may have received benefits under During the COVID-19 pandemic-related recession, individuals may have received benefits under
multiple, temporarily and permanently authorized UI programsmultiple, temporarily and permanently authorized UI programs. Figure 1 at the end of this report at the end of this report
provides the flow of al available UI benefits from March 13, 2021provides the flow of al available UI benefits from March 13, 2021, through September 4, 2021, through September 4, 2021, in
in participating states. participating states.
Permanently Authorized UI Programs: UC and EB
As noted, there are two permanently authorized benefit programs (UC and EB) in the UI system. As noted, there are two permanently authorized benefit programs (UC and EB) in the UI system.
In general, when eligible workers lose their jobs, the joint federal-state UC program may provide In general, when eligible workers lose their jobs, the joint federal-state UC program may provide
up to 26 weeks (in most states) of income support through weekly UC benefit payments. UC up to 26 weeks (in most states) of income support through weekly UC benefit payments. UC
benefits may be extended for up to 13 weeks or 20 weeks by the EB program, depending on state benefits may be extended for up to 13 weeks or 20 weeks by the EB program, depending on state
economic conditions and state law options.7 For example, for the week of economic conditions and state law options.7 For example, for the week of ~~June 20~~August 22, 2021, , 2021, 1110
jurisdictions had some type of EB available. jurisdictions had some type of EB available. ~~Five states~~Eight jurisdictions were in a regular EB period were in a regular EB period ~~where up to~~

4 Janet L. Norwood et al., 4 Janet L. Norwood et al., Collected Findings and Recommendations: 1994-1996, Advisory Council on Unemployment , Advisory Council on Unemployment
Compensation, Washington, DC, 1996, pp. 2 -4. For additional information on EB law changes over time, see T able A-Compensation, Washington, DC, 1996, pp. 2 -4. For additional information on EB law changes over time, see T able A-
1 in CRS Report RL34340, 1 in CRS Report RL34340, Extending Unem ployment Com pensation Benefits During Recessions. .
5 See CRS Report RL34340, 5 See CRS Report RL34340, Extending Unemployment Compensation Benefits During Recessions, for details of the , for details of the
congressional response to recessions from 1980 through 2014. T he recession that began in January 1980 was the only congressional response to recessions from 1980 through 2014. T he recession that began in January 1980 was the only
recession since 1958 that did not have a temporary, federal UI program; however, the EB program had a national recession since 1958 that did not have a temporary, federal UI program; however, the EB program had a national
trigger at that time (which was removed, effective August 13, 1981, by P.L. 97-35, the Omnibus Budget Reconciliation trigger at that time (which was removed, effective August 13, 1981, by P.L. 97-35, the Omnibus Budget Reconciliation
Act of 1981) and, thus, EB was available for all states. Act of 1981) and, thus, EB was available for all states.
6 Ibid6 Ibid~~., see~~ , see “ T able A-1. Summary of Extended Unemployment Compensation Programs.”“ T able A-1. Summary of Extended Unemployment Compensation Programs.”
7 Certain groups of workers may qualify for income support from additional UI programs, including T rade Adjustment 7 Certain groups of workers may qualify for income support from additional UI programs, including T rade Adjustment
Assistance (T AA), Reemployment T rade Adjustment Assistance (RT AA), and Disaster Unemployment Assistance Assistance (T AA), Reemployment T rade Adjustment Assistance (RT AA), and Disaster Unemployment Assistance
(DUA). Workers who lose their jobs because of international competition may qualify for income support through the (DUA). Workers who lose their jobs because of international competition may qualify for income support through the
T AA program or the RT AA (for certain workers aged 50 or older). T AA program or the RT AA (for certain workers aged 50 or older). ~~Workers~~Wo rkers may be eligible to receive DUA benefits if may be eligible to receive DUA benefits if
they are not eligible for regular UC and their unemployment may be directly attributed to a declared natural disaster . they are not eligible for regular UC and their unemployment may be directly attributed to a declared natural disaster .
For more information on the T AA and RT AA programs, see CRS In Focus IF10570, For more information on the T AA and RT AA programs, see CRS In Focus IF10570, Trade Adjustm ent Assistance for
Workers (TAA). .
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where up to 13 weeks of EB payments are available.8 Additional y, 13 weeks of EB payments are available.8 Additional y, ~~six jurisdictions~~two states were triggered on a high were triggered on a high
unemployment period (HUP) where up to 20 weeks of EB payments are available.9 (For an unemployment period (HUP) where up to 20 weeks of EB payments are available.9 (For an
overview of EB, see the overview of EB, see the “Extended Benefits” section.) section.)
Unemployment Compensation
The Social Security Act of 1935 (P.L. 74-271) authorizes the joint federal-state UC program to The Social Security Act of 1935 (P.L. 74-271) authorizes the joint federal-state UC program to
provide weekly unemployment benefits. Most states provide up to a maximum of 26 weeks of UC provide weekly unemployment benefits. Most states provide up to a maximum of 26 weeks of UC
benefits.10 Although federal laws and regulations provide broad guidelines on UC benefit benefits.10 Although federal laws and regulations provide broad guidelines on UC benefit
coverage, eligibility, and determination, the specifics regarding UC benefits are determined by coverage, eligibility, and determination, the specifics regarding UC benefits are determined by
each jurisdiction. This results in essential y 53 different programs.11 each jurisdiction. This results in essential y 53 different programs.11
Eligibility
In general, UC eligibility is based on attaining qualified wages and employment in covered work In general, UC eligibility is based on attaining qualified wages and employment in covered work
over a 12-month period (cal ed a over a 12-month period (cal ed a base period) prior to unemployment. Al states require a worker ) prior to unemployment. Al states require a worker
to have earned a certain amount of wages or to have worked for a certain period of time (or both) to have earned a certain amount of wages or to have worked for a certain period of time (or both)
within the base period to be eligible to receive UC benefits. The methods states use to determine within the base period to be eligible to receive UC benefits. The methods states use to determine
eligibility vary greatly. In addition, each state’s UC law requires individuals to have lost their jobs eligibility vary greatly. In addition, each state’s UC law requires individuals to have lost their jobs
through no fault of their own, and recipients must be able to work, available for work, and through no fault of their own, and recipients must be able to work, available for work, and
actively seeking work.12 These eligibility requirements help ensure that UC benefits are directed actively seeking work.12 These eligibility requirements help ensure that UC benefits are directed
toward workers with recent labor market experience who are unemployed because of economic toward workers with recent labor market experience who are unemployed because of economic
conditions.13 Self-employed workers—potential y including independent contractors and gig conditions.13 Self-employed workers—potential y including independent contractors and gig
economy workers—are the largest group of workers general y excluded from eligibility for UC economy workers—are the largest group of workers general y excluded from eligibility for UC
benefits.14 benefits.14

8 Alaska, 8 Alaska, ~~Illinois, New Jersey, Rhode Island~~California, District of Columbia, Illinois, Nevada, New Jersey, New York, and T exas. For the current EB trigger notice, select “Extended Benefits , and T exas. For the current EB trigger notice, select “Extended Benefits
T rigger T rigger ~~Notice~~Not ice” at https://oui.doleta.gov/unemploy/claims_arch.asp. ” at https://oui.doleta.gov/unemploy/claims_arch.asp.
9 9 ~~California, Connecticut, the District of Columbia, Massachusetts, Nevada,~~Connecticut and New and New ~~York~~Mexico. For the current EB trigger . For the current EB trigger
notice, select “Extended Benefits T rigger Notice” at https://oui.doleta.gov/unemploy/claims_arch.asp. notice, select “Extended Benefits T rigger Notice” at https://oui.doleta.gov/unemploy/claims_arch.asp.
10 Former federal workers may be eligible for unemployment benefits through the Unemployment Compensation for 10 Former federal workers may be eligible for unemployment benefits through the Unemployment Compensation for
Federal Employees (UCFE) program, 5 U.S.C. §§8501-8508. Former U.S. military servicemembers may be eligible for Federal Employees (UCFE) program, 5 U.S.C. §§8501-8508. Former U.S. military servicemembers may be eligible for
unemployment benefits through the Unemployment Compensation for Ex -Servicemembers (UCX) program, 5 U.S.C. unemployment benefits through the Unemployment Compensation for Ex -Servicemembers (UCX) program, 5 U.S.C.
§§8521-8525. For more information on the Unemployment Compensation for Ex -Servicemembers (UCX) program, see §§8521-8525. For more information on the Unemployment Compensation for Ex -Servicemembers (UCX) program, see
CRS Report RS22440, CRS Report RS22440, Unem ploym ent Com pensation (Insurance) and Military Service. Both UCFE and UCX benefit . Both UCFE and UCX benefit
and duration amounts are based upon the underlying state UC laws. and duration amounts are based upon the underlying state UC laws.
11 T he District of Columbia, Puerto Rico, and the U.S. Virgin Islands are considered states under federal UI law. 11 T he District of Columbia, Puerto Rico, and the U.S. Virgin Islands are considered states under federal UI law.
12 In some cases a worker may be eligible for benefits based upon quitting a job for a 12 In some cases a worker may be eligible for benefits based upon quitting a job for a good cause reason. In all states, reason. In all states,
individuals who leave their work voluntarily must meet the state’s good cause requirements if they are not to be individuals who leave their work voluntarily must meet the state’s good cause requirements if they are not to be
disqualified from receiving UC. In many states, good cause is explicitly restricted to reasons connected with the work, disqualified from receiving UC. In many states, good cause is explicitly restricted to reasons connected with the work,
attributable to the employer, or involving fault on the part of the employer. (For those states, see T able 5.attributable to the employer, or involving fault on the part of the employer. (For those states, see T able 5. 1 in DOL, 1 in DOL,
2020 Com parison of State Unem ploym ent Insurance Laws, available at https://oui.doleta.gov/unemploy/pdf/, available at https://oui.doleta.gov/unemploy/pdf/
uilawcompar/2020/nonmonetary.pdf.) uilawcompar/2020/nonmonetary.pdf.)
13 Summary details on various aspects of state UC programs, including eligibility requirements, are provided in DOL, 13 Summary details on various aspects of state UC programs, including eligibility requirements, are provided in DOL,
2020 Com parison of State Unem ploym ent Insurance Laws, available at https://oui.doleta.gov/unemploy/comparison/, available at https://oui.doleta.gov/unemploy/comparison/
2020-2029/comparison2020.asp. 2020-2029/comparison2020.asp.
14 For additional information on gig economy workers, see CRS Report R44365, 14 For additional information on gig economy workers, see CRS Report R44365, What Does the Gig Economy Mean
for Workers?. .
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Current Unemployment Insurance (UI) Benefits During Covid-19 Recession

Benefit Amount
UC benefit calculations are general y based on wages for covered work over the 12-month base UC benefit calculations are general y based on wages for covered work over the 12-month base
period. Most state benefit formulas replace half of a claimant’s average weekly wage up to a period. Most state benefit formulas replace half of a claimant’s average weekly wage up to a
weekly maximum. Al states disregard some earnings during unemployment as an incentive to weekly maximum. Al states disregard some earnings during unemployment as an incentive to
take short-term or part-time work while searching for a permanent position. States also disregard take short-term or part-time work while searching for a permanent position. States also disregard
earnings in situations of partial unemployment, in which individuals have their work hours earnings in situations of partial unemployment, in which individuals have their work hours
reduced (rather than being laid off). General y, in partial unemployment situations, a worker’s net reduced (rather than being laid off). General y, in partial unemployment situations, a worker’s net
UC payment equals the difference between the underlying UC weekly benefit amount and a UC payment equals the difference between the underlying UC weekly benefit amount and a
proportion of earnings (after a smal disregard).15 proportion of earnings (after a smal disregard).15
There is considerable variation by state in the maximum weekly UC benefit amounts. As of There is considerable variation by state in the maximum weekly UC benefit amounts. As of
January 2021, the maximum weekly benefit amount ranged from $235 (Mississippi) to $855 January 2021, the maximum weekly benefit amount ranged from $235 (Mississippi) to $855
(Massachusetts). In states that provide dependents’ al owances, the maximum benefit was $1,282 (Massachusetts). In states that provide dependents’ al owances, the maximum benefit was $1,282
(Massachusetts, requiring 17 dependents for the maximum payment).16 The 12-month average, (Massachusetts, requiring 17 dependents for the maximum payment).16 The 12-month average,
national weekly benefit amount was $319 as of January 2021.17 national weekly benefit amount was $319 as of January 2021.17
Benefit Duration
Until 2011, al state UC programs offered at least 26 weeks as the maximum duration available in Until 2011, al state UC programs offered at least 26 weeks as the maximum duration available in
the state. Nothing in federal law requires states to set their UC benefit duration maximum at 26 the state. Nothing in federal law requires states to set their UC benefit duration maximum at 26
weeks. Thus, states have the discretion to offer fewer than 26 weeks as the maximum or to set weeks. Thus, states have the discretion to offer fewer than 26 weeks as the maximum or to set
their own higher UC benefit durations via their state UC laws.18 (Two states provide more than 26 their own higher UC benefit durations via their state UC laws.18 (Two states provide more than 26
weeks of UC benefits: Montana provides up to 28 weeks19 and Massachusetts provides up to 30 weeks of UC benefits: Montana provides up to 28 weeks19 and Massachusetts provides up to 30
weeks, depending on local economic conditions.20) Currently, there are 10 states with decreased weeks, depending on local economic conditions.20) Currently, there are 10 states with decreased
maximum UC durations,21 but 3 of these states have temporarily restored their UC maximum maximum UC durations,21 but 3 of these states have temporarily restored their UC maximum
durations to 26 weeks in response to the COVID-19 pandemic: durations to 26 weeks in response to the COVID-19 pandemic:
 Alabama: 14 weeks22 (14-20 weeks, variable duration based on state  Alabama: 14 weeks22 (14-20 weeks, variable duration based on state
unemployment conditions); unemployment conditions);

15 For information on earnings disregards and partial unemployment, see T able 3.8 in DOL, 15 For information on earnings disregards and partial unemployment, see T able 3.8 in DOL, 2020 Comparison of State
Unem ploym ent Insurance Laws, available at https://oui.doleta.gov/unemploy/pdf/uilawcompar/2020/monetary.pdf. , available at https://oui.doleta.gov/unemploy/pdf/uilawcompar/2020/monetary.pdf.
16 See DOL, 16 See DOL, Significant Provisions of State Unemployment Insurance Laws, Effective January 2021 , available at , available at
https://oui.doleta.gov/unemploy/content/sigpros/2020-2029/January2021.pdf. Dependents’ allowances are amounts https://oui.doleta.gov/unemploy/content/sigpros/2020-2029/January2021.pdf. Dependents’ allowances are amounts
paid on top of the weekly benefit amount in paid on top of the weekly benefit amount in ~~some~~so me states, using each state’s definition of “ dependent.” states, using each state’s definition of “ dependent.”
17 DOL provides monthly state and national UC program data at https://oui.doleta.gov/unemploy/claimssum.asp. 17 DOL provides monthly state and national UC program data at https://oui.doleta.gov/unemploy/claimssum.asp.
18 In the early decades of 18 In the early decades of ~~the~~t he UC program, there was more variation in the maximum duration of UC benefits across UC program, there was more variation in the maximum duration of UC benefits across
states, which also tended to be lower than 26 weeks. Yet since the 1960s—and until the 2011 state law changes—all states, which also tended to be lower than 26 weeks. Yet since the 1960s—and until the 2011 state law changes—all
states had chosen to provide up to at least 26 weeks of UC benefits to eligible individuals. Puerto Rico is an exception states had chosen to provide up to at least 26 weeks of UC benefits to eligible individuals. Puerto Rico is an exception
to this pattern of state convergence on 26 weeks as the maximum UC benefit duration in the 1960s. When it originally to this pattern of state convergence on 26 weeks as the maximum UC benefit duration in the 1960s. When it originally
entered the federal-state UC system in 1961, Puerto Rico provided a lower maximum UC benefit duration (i.e., up to 16 entered the federal-state UC system in 1961, Puerto Rico provided a lower maximum UC benefit duration (i.e., up to 16
weeks in 1961 and then up to 20 weeks for most of the 1970 -1990 period). Puerto Rico did not provide up to 26 weeks weeks in 1961 and then up to 20 weeks for most of the 1970 -1990 period). Puerto Rico did not provide up to 26 weeks
of UC benefits until 1991. For more information on state UC benefit duration, including changes over time, see DOL’s of UC benefits until 1991. For more information on state UC benefit duration, including changes over time, see DOL’s
report series on “ Significant Provisions of State UI Laws,” available at https://oui.doleta.gov/unemploy/report series on “ Significant Provisions of State UI Laws,” available at https://oui.doleta.gov/unemploy/
statelaws.asp#RecentSigProLaws. statelaws.asp#RecentSigProLaws.
19 When EB benefits are available in Montana, the total duration of UC and EB is capped at either 39 weeks (26 + 13) 19 When EB benefits are available in Montana, the total duration of UC and EB is capped at either 39 weeks (26 + 13)
or 46 weeks (26 + 20). or 46 weeks (26 + 20).
20 When EB benefits are available in Massachusetts, the maximum duration of UC benefits is capped at 26 weeks. 20 When EB benefits are available in Massachusetts, the maximum duration of UC benefits is capped at 26 weeks.
21 See DOL, “Maximum Potential Weeks of UI Benefits for New Claimants,” available at https://oui.doleta.gov/21 See DOL, “Maximum Potential Weeks of UI Benefits for New Claimants,” available at https://oui.doleta.gov/
unemploy/docs/potential_weeks_map.pdf. unemploy/docs/potential_weeks_map.pdf.
22 Alabama also provides a five-week “training extension” for certain UC claimants; see https://labor.alabama.gov/22 Alabama also provides a five-week “training extension” for certain UC claimants; see https://labor.alabama.gov/
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 Arkansas: 16 weeks;  Arkansas: 16 weeks;
 Florida: 19 weeks23 (12-23 weeks, variable duration based on state  Florida: 19 weeks23 (12-23 weeks, variable duration based on state
unemployment conditions); unemployment conditions);
 Georgia: temporarily restored to 26 weeks due to the pandemic24 (14-20 weeks,  Georgia: temporarily restored to 26 weeks due to the pandemic24 (14-20 weeks,
variable duration based on state unemployment conditions); variable duration based on state unemployment conditions);
 Idaho: 22 weeks25 (20-26 weeks, variable duration based on state unemployment  Idaho: 22 weeks25 (20-26 weeks, variable duration based on state unemployment
conditions); conditions);
 Kansas: temporarily restored to 26 weeks due to the pandemic26 (16-26 weeks,  Kansas: temporarily restored to 26 weeks due to the pandemic26 (16-26 weeks,
variable duration based on state unemployment conditions); variable duration based on state unemployment conditions);
 Michigan: 20 weeks;27  Michigan: 20 weeks;27
 Missouri: 20 weeks;  Missouri: 20 weeks;
 North Carolina: 16 weeks28 (12-20 weeks, variable duration based on state  North Carolina: 16 weeks28 (12-20 weeks, variable duration based on state
unemployment conditions); and unemployment conditions); and
 South Carolina: 20 weeks.  South Carolina: 20 weeks.
Financing
The UC program is financed by federal taxes under the Federal Unemployment Tax Act (FUTA) The UC program is financed by federal taxes under the Federal Unemployment Tax Act (FUTA)
and by state payroll taxes under the State Unemployment Tax Acts (SUTA).29 The 0.6% effective and by state payroll taxes under the State Unemployment Tax Acts (SUTA).29 The 0.6% effective
net FUTA tax paid by employers on the first $7,000 of each employee’s earnings (no more than net FUTA tax paid by employers on the first $7,000 of each employee’s earnings (no more than
$42 per worker per year) funds federal and state administrative costs, loans to insolvent state UC $42 per worker per year) funds federal and state administrative costs, loans to insolvent state UC
accounts, the federal share (50%) of EB payments under permanent law, and state employment accounts, the federal share (50%) of EB payments under permanent law, and state employment
services. States levy their own payroll taxes on employers to fund regular UC benefits and the services. States levy their own payroll taxes on employers to fund regular UC benefits and the
state share of the EB program under permanent law. Federal law requires that the SUTA tax rate state share of the EB program under permanent law. Federal law requires that the SUTA tax rate
of an employer be based on the amount of UC benefits paid to former employees. General y, the of an employer be based on the amount of UC benefits paid to former employees. General y, the
more UC benefits paid to its former employees, the higher the tax rate of the employer—up to a more UC benefits paid to its former employees, the higher the tax rate of the employer—up to a
maximum established by state law. maximum established by state law.

newsfeed/news_covid19/UC%20program%20flowchart%20graphic.pdf. newsfeed/news_covid19/UC%20program%20flowchart%20graphic.pdf.
23 Beginning January 1, 2021, for new UC claims filed, the maximum duration is 19 weeks. Beneficiaries who began 23 Beginning January 1, 2021, for new UC claims filed, the maximum duration is 19 weeks. Beneficiaries who began
receiving UC in Florida prior to January 1, 2021, are limited to a total of 12 weeks of benefits. See receiving UC in Florida prior to January 1, 2021, are limited to a total of 12 weeks of benefits. See
https://floridajobs.org/news-center/DEO-Press/2021/01/06/florida-department-of-economic-opportunity-provides-https://floridajobs.org/news-center/DEO-Press/2021/01/06/florida-department-of-economic-opportunity-provides-
weekly-reemployment -assistance-update—january-5. weekly-reemployment -assistance-update—january-5.
24 See https://dol.georgia.gov/blog-post/2020-03-26/emergency-rules-adopted-03-26-20. 24 See https://dol.georgia.gov/blog-post/2020-03-26/emergency-rules-adopted-03-26-20.
25 Current information on Idaho is from an email to CRS from the Idaho Department of Labor, November 9, 2020. 25 Current information on Idaho is from an email to CRS from the Idaho Department of Labor, November 9, 2020.
26 See https://www.dol.ks.gov/docs/default-source/home-page-news/2020/unemployment-insurance-benefits-26 See https://www.dol.ks.gov/docs/default-source/home-page-news/2020/unemployment-insurance-benefits-
expansion-to-26-weeks.pdf?Status=T emp&sfvrsn=6c76881f_2. expansion-to-26-weeks.pdf?Status=T emp&sfvrsn=6c76881f_2.
27 Michigan had temporarily restored its state UC duration back up to 26 weeks due to the pandemic until the end of 27 Michigan had temporarily restored its state UC duration back up to 26 weeks due to the pandemic until the end of
calendar year 2020. See Michigan Department of Labor and Economic Opportunity, “ Governor Whitmer Signs calendar year 2020. See Michigan Department of Labor and Economic Opportunity, “ Governor Whitmer Signs
Bipartisan Bills Extending Unemployment Benefits to 26 Weeks, Calls on the Republican Legislature to Make T hem Bipartisan Bills Extending Unemployment Benefits to 26 Weeks, Calls on the Republican Legislature to Make T hem
Permanent ,” press release, October 20, 2020, https://www.michigan.gov/leo/0,5863,7-336-Permanent ,” press release, October 20, 2020, https://www.michigan.gov/leo/0,5863,7-336-
94422_97241_98585_99416_98657-542855—,00.html. 94422_97241_98585_99416_98657-542855—,00.html.
28 Beginning January 3, 2021 for new UC claims filed, the maximum duration is 16 weeks. Beneficiaries who began 28 Beginning January 3, 2021 for new UC claims filed, the maximum duration is 16 weeks. Beneficiaries who began
receiving UC in North Carolina before January 3, 2021 are limited to a total of 12 weeks of benefits. See receiving UC in North Carolina before January 3, 2021 are limited to a total of 12 weeks of benefits. See
https://des.nc.gov/need-help/covid-19-information/covid-19-information-individuals. https://des.nc.gov/need-help/covid-19-information/covid-19-information-individuals.
29 For information on FUT A, see CRS Report R44527, 29 For information on FUT A, see CRS Report R44527, ~~Unemploym ent~~Unemployment Compensation: The Fundamentals of the
Federal Unem ploym ent Tax (FUTA). .
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Extended Benefits
Federal law includes an automatic extension of the regular UC benefit with the permanently Federal law includes an automatic extension of the regular UC benefit with the permanently
authorized EB program if specific economic conditions exist at the state level. The EB program authorized EB program if specific economic conditions exist at the state level. The EB program
was established by the Federal-State Extended Unemployment Compensation Act of 1970 (P.L. was established by the Federal-State Extended Unemployment Compensation Act of 1970 (P.L.
91-373; 26 U.S.C. §3304, note) and may provide up to 13 or 20 weeks of additional weeks of UI 91-373; 26 U.S.C. §3304, note) and may provide up to 13 or 20 weeks of additional weeks of UI
benefits. As of benefits. As of ~~June 20, 2021, five states~~August 22, 2021, eight jurisdictions were in a regular EB period were in a regular EB period ~~and provided~~where up to 13 weeks up to 13 weeks
~~of EB~~of EB payments are available.30 Additional y, .30 Additional y, ~~six jurisdictions~~two states were triggered on a were triggered on a ~~HUP~~high unemployment period (HUP) where up to 20 weeks of EB where up to 20 weeks of EB
payments are available.31 payments are available.31
Extended Benefit Triggers
The EB program is active, or triggered on, when a state’s three-month general unemployment rate The EB program is active, or triggered on, when a state’s three-month general unemployment rate
(Total Unemployment Rate, TUR) or its programmatic Insured Unemployment Rate (IUR) meets (Total Unemployment Rate, TUR) or its programmatic Insured Unemployment Rate (IUR) meets
certain thresholds.32 Under federal EB law, certain thresholds.32 Under federal EB law, al all states must pay up to 13 weeks of EB if the IUR states must pay up to 13 weeks of EB if the IUR
for the previous 13 weeks is at least 5%, and is 120% of the average of the rates for the same 13- for the previous 13 weeks is at least 5%, and is 120% of the average of the rates for the same 13-
week period in each of the two previous years. Additional y, states may choose to enact up to two week period in each of the two previous years. Additional y, states may choose to enact up to two
other optional thresholds. (States may choose one, two, or none.) If the state chooses one or more other optional thresholds. (States may choose one, two, or none.) If the state chooses one or more
of the EB trigger options, it would provide the following: of the EB trigger options, it would provide the following:
 Option 1—based upon the IUR  Option 1—based upon the IUR
 up to an additional 13 weeks of benefits if the state’s IUR is at least 6%,  up to an additional 13 weeks of benefits if the state’s IUR is at least 6%,
regardless of previous years’ averages. regardless of previous years’ averages.
 Option 2—based upon the TUR  Option 2—based upon the TUR
 up to an additional 13 weeks of benefits if the state’s TUR is at least 6.5%  up to an additional 13 weeks of benefits if the state’s TUR is at least 6.5%
and is at least 110% of the state’s average TUR for the same 13 weeks in and is at least 110% of the state’s average TUR for the same 13 weeks in
either of the previous two years; either of the previous two years;
 up to an additional 20 weeks of benefits if the state’s TUR is at least 8% and  up to an additional 20 weeks of benefits if the state’s TUR is at least 8% and
is at least 110% of the state’s average TUR for the same 13 weeks in either of is at least 110% of the state’s average TUR for the same 13 weeks in either of
the previous two years (this is designated as a HUP for EB). the previous two years (this is designated as a HUP for EB).

30 Alaska, 30 Alaska, ~~Illinois, New Jersey, Rhode Island~~California, District of Columbia, Illinois, Nevada, New Jersey, New York, and T exas. For the current EB trigger notice, select “Extended Benefits , and T exas. For the current EB trigger notice, select “Extended Benefits
T rigger Notice” at https://oui.doleta.gov/unemploy/claims_arch.asp. T rigger Notice” at https://oui.doleta.gov/unemploy/claims_arch.asp.
31 31 ~~California, Connecticut, the District of Columbia, Massachusetts, Nevada,~~Connecticut and New and New ~~York~~Mexico. For the current EB trigger . For the current EB trigger
notice, select “Extended Benefits T rigger Notice” at https://oui.doleta.gov/unemploy/claims_arch.asp. notice, select “Extended Benefits T rigger Notice” at https://oui.doleta.gov/unemploy/claims_arch.asp.
32 T he total unemployment rate (T UR) is the three-month average of the ratio of unemployed workers to all workers 32 T he total unemployment rate (T UR) is the three-month average of the ratio of unemployed workers to all workers
(employed and unemployed) in the labor market. T he T UR is essentially a three(employed and unemployed) in the labor market. T he T UR is essentially a three -month average version of the -month average version of the
unemployment rate published by the Bureau of Labor Statistics (BLS) and based on data from the BLS’s monthly unemployment rate published by the Bureau of Labor Statistics (BLS) and based on data from the BLS’s monthly
Current Population Survey (CPS). T he insured unemployment rate (IUR) is the Current Population Survey (CPS). T he insured unemployment rate (IUR) is the ~~rat io~~ratio of UC claimants divided by of UC claimants divided by
individuals in UC-covered jobs. T he IUR uses a different base of workers in its calculations than the T UR. T he IUR individuals in UC-covered jobs. T he IUR uses a different base of workers in its calculations than the T UR. T he IUR
excludes several groups used in T UR calculations: self-employed workers, unpaid family workers, workers in excludes several groups used in T UR calculations: self-employed workers, unpaid family workers, workers in ~~cert ain~~certain
not-for-profit organizations, and several other (primarily seasonal) categories of workers. In addition to those not-for-profit organizations, and several other (primarily seasonal) categories of workers. In addition to those
unemployed workers whose lastunemployed workers whose last jobs were in the excluded employment category, the IUR excludes the following: those jobs were in the excluded employment category, the IUR excludes the following: those
who have exhausted their UC benefits (even if they are receiving EB benefits); new entrants or reentrants to the labor who have exhausted their UC benefits (even if they are receiving EB benefits); new entrants or reentrants to the labor
force; disqualified workers whose unemployment is considered to have resulted from their own actions rather than from force; disqualified workers whose unemployment is considered to have resulted from their own actions rather than from
economic conditions; and eligible unemployed persons who do not file for benefits. As a result,economic conditions; and eligible unemployed persons who do not file for benefits. As a result, a state’s IUR is often a state’s IUR is often
calculated to be much lower than its T UR. calculated to be much lower than its T UR.
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When a state triggers off of an EB period, al EB benefit payments in the state cease immediately, When a state triggers off of an EB period, al EB benefit payments in the state cease immediately,
regardless of individual entitlement.33 That is, EB benefits are not phased out (grandfathered) regardless of individual entitlement.33 That is, EB benefits are not phased out (grandfathered)
when a state triggers off the program.34 when a state triggers off the program.34
Eligibility and Benefit Amount
The EB benefit amount is equal to the eligible individual’s weekly regular UC benefit. The EB The EB benefit amount is equal to the eligible individual’s weekly regular UC benefit. The EB
program imposes federal restrictions on individual eligibility for EB beyond the state program imposes federal restrictions on individual eligibility for EB beyond the state
requirements for regular UC. The EB program requires that a worker make a “systematic and requirements for regular UC. The EB program requires that a worker make a “systematic and
sustained” work search. Furthermore, the worker may not receive benefits if he or she refused an sustained” work search. Furthermore, the worker may not receive benefits if he or she refused an
offer of offer of suitable work, which is defined as “any work within such individual’s capabilities.”35 In work, which is defined as “any work within such individual’s capabilities.”35 In
addition, claimants must have worked at least 20 weeks of full-time insured employment (or the addition, claimants must have worked at least 20 weeks of full-time insured employment (or the
equivalent as defined by the state) in insured wages during their base period. equivalent as defined by the state) in insured wages during their base period.
EB Financing
Under permanent law, FUTA revenue finance 50% of the EB payments and 100% of EB Under permanent law, FUTA revenue finance 50% of the EB payments and 100% of EB
administrative costs. States fund the other half 50% of EB benefit costs, under permanent law, administrative costs. States fund the other half 50% of EB benefit costs, under permanent law,
through their SUTA revenue. through their SUTA revenue.
Temporary EB Financing Changes
Section 4105 of P.L. 116-127, the Families First Coronavirus Response Act (FFCRA), as Section 4105 of P.L. 116-127, the Families First Coronavirus Response Act (FFCRA), as
amended, temporarily provides 100% federal y financed EB (with the exception of state and local amended, temporarily provides 100% federal y financed EB (with the exception of state and local
employees) for states that receive both halves of the emergency administrative grants authorized employees) for states that receive both halves of the emergency administrative grants authorized
under FFCRA.36 The UI provisions in Division N, Title II, Subtitle A of the Consolidated under FFCRA.36 The UI provisions in Division N, Title II, Subtitle A of the Consolidated
Appropriations Act, 2021 (P.L. 116-260; the Continued Assistance for Unemployed Workers Act Appropriations Act, 2021 (P.L. 116-260; the Continued Assistance for Unemployed Workers Act
of 2020, or “Continued Assistance Act”) extended the authority for this 100% federal financing of of 2020, or “Continued Assistance Act”) extended the authority for this 100% federal financing of

33 EB benefits on interstate claims are limited to two extra weeks unless 33 EB benefits on interstate claims are limited to two extra weeks unless both the worker’s state of residence and the the worker’s state of residence and the
worker’s state of previous employment are in an EB period. worker’s state of previous employment are in an EB period.
34 T he Continued Assistance Act (P.L. 116-260) provided a temporary option for states that have triggered off an EB 34 T he Continued Assistance Act (P.L. 116-260) provided a temporary option for states that have triggered off an EB
period to disregard the mandatory 13-week off period for weeks between November 1, 2020 , and December 31, 2021, period to disregard the mandatory 13-week off period for weeks between November 1, 2020 , and December 31, 2021,
if state law allows. if state law allows.
35 State UC programs have their own definitions related to work search and refusal of suitable work. See T ables 5.16 35 State UC programs have their own definitions related to work search and refusal of suitable work. See T ables 5.16
and 5.18 in DOL, Employment and T raining Administration (ETA), and 5.18 in DOL, Employment and T raining Administration (ETA), 2020 Com parison of State Unem ployment
Insurance Laws, available at https://oui.doleta.gov/unemploy/pdf/uilawcompar/2020/nonmonetary.pdf. , available at https://oui.doleta.gov/unemploy/pdf/uilawcompar/2020/nonmonetary.pdf.
36 Section 4102(a) of FFCRA provided up to a total of $1 billion in “emergency administrative grants” to states in 36 Section 4102(a) of FFCRA provided up to a total of $1 billion in “emergency administrative grants” to states in
calendar year 2020. Half of each state’s share was available if the state met certain requirements related to UC calendar year 2020. Half of each state’s share was available if the state met certain requirements related to UC
eligibility notifications and claims access. T he second half of each state’s share was available if a state qualified for the eligibility notifications and claims access. T he second half of each state’s share was available if a state qualified for the
first half and experienced at least a 10% increase in UC claims over the previous calendar year and met certain other first half and experienced at least a 10% increase in UC claims over the previous calendar year and met certain other
requirements related to easing UC eligibility requirements for individuals affected byrequirements related to easing UC eligibility requirements for individuals affected by COVID-19. Additionally, there COVID-19. Additionally, there
were reporting requirements to DOL and committees of jurisdiction within one year for states that receive these grants. were reporting requirements to DOL and committees of jurisdiction within one year for states that receive these grants.
DOL published the state shares of these emergency administrative grants in UIPL No. 13 -20, “ Families First DOL published the state shares of these emergency administrative grants in UIPL No. 13 -20, “ Families First
Coronavirus Response Act, Division D Emergency Unemployment Insurance Stabilization and Access Act of 2020,Coronavirus Response Act, Division D Emergency Unemployment Insurance Stabilization and Access Act of 2020, ” ”
March 22, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8634. As of June 11, 2020, according to DOL, March 22, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=8634. As of June 11, 2020, according to DOL,
all states met the statistical criteria for receiving these FFCRA grants (see https://oui.doleta.gov/unemploy/pdf/all states met the statistical criteria for receiving these FFCRA grants (see https://oui.doleta.gov/unemploy/pdf/
IC3MOmarch.pdf). All states requested their full allotment of these FFCRA grants by September 30, 2020.IC3MOmarch.pdf). All states requested their full allotment of these FFCRA grants by September 30, 2020.
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EB through March 13, 2021.37 The UI provisions in the American Rescue Plan Act of 2021 EB through March 13, 2021.37 The UI provisions in the American Rescue Plan Act of 2021
(ARPA; P.L. 117-2) further extend this authority through September 4, 2021.38 (ARPA; P.L. 117-2) further extend this authority through September 4, 2021.38
Temporary Adoption of Optional EB Triggers Based Upon 100% Federal
Financing for EB
Some states have reacted to this temporary 100% federal financing by enacting temporary EB Some states have reacted to this temporary 100% federal financing by enacting temporary EB
trigger options that remain in place for the duration of the increased federal cost share. According trigger options that remain in place for the duration of the increased federal cost share. According
to DOL, 13 states have adopted the more responsive TUR trigger, but authorized a sunset for their to DOL, 13 states have adopted the more responsive TUR trigger, but authorized a sunset for their
TUR triggers related to availability of the 100% federal funding of EB.39 TUR triggers related to availability of the 100% federal funding of EB.39
Temporary COVID-19 Pandemic UI Programs
The COVID-19 pandemic dramatical y disrupted the economy, as many businesses reduced The COVID-19 pandemic dramatical y disrupted the economy, as many businesses reduced
operations and consumer demand shifted away from in-person commerce. The sharp fal in operations and consumer demand shifted away from in-person commerce. The sharp fal in
economic activity translated into massive and widespread employment loss. Recessions general y economic activity translated into massive and widespread employment loss. Recessions general y
are a difficult time to find work, and the increased workplace hazards created by the COVID-19 are a difficult time to find work, and the increased workplace hazards created by the COVID-19
pandemic have further limited jobseekers’ options for employment. pandemic have further limited jobseekers’ options for employment.
Responding to the COVID-19 pandemic and the resulting economic recession, the 116th Congress Responding to the COVID-19 pandemic and the resulting economic recession, the 116th Congress
created several new temporary UI benefits for unemployed workers through the CARES Act (P.L. created several new temporary UI benefits for unemployed workers through the CARES Act (P.L.
116-136). These temporary CARES Act UI programs (1) augmented al UI benefits, (2) created 116-136). These temporary CARES Act UI programs (1) augmented al UI benefits, (2) created
additional weeks of temporary benefits, and (3) expanded coverage to new groups of workers additional weeks of temporary benefits, and (3) expanded coverage to new groups of workers
through a new benefit. The Continued Assistance Act (contained within P.L. 116-260) through a new benefit. The Continued Assistance Act (contained within P.L. 116-260)
subsequently extended the authorization of these programs. Sesubsequently extended the authorization of these programs. See Table 2 for the current expiration for the current expiration
dates of temporary UI programs under the Continued Assistance Actdates of temporary UI programs under the Continued Assistance Act. Figure 1 displays the flow displays the flow
of al UI benefits available under permanent law and the temporary UI benefits under the of al UI benefits available under permanent law and the temporary UI benefits under the
Continued Assistance Act. The statutory authority for the temporary UI benefits specifies that Continued Assistance Act. The statutory authority for the temporary UI benefits specifies that
they are payable through voluntary agreements between DOL and each state that chooses to they are payable through voluntary agreements between DOL and each state that chooses to
provide them. While almost al states initial y signed agreements to pay al of these benefits, provide them. While almost al states initial y signed agreements to pay al of these benefits, 25
~~states have recently provided formal notification to DOL that they are terminating some or al of~~
~~these temporary UI benefits, with effective benefit termination dates ranging from June 12, 2021,~~
~~to July 10, 2021.40~~recently 26 states announced terminations to their agreements to pay COVID-19 UI benefits prior to program expiration. Since then, DOL reported that in Indiana and Maryland state courts have issued temporary orders prohibiting early termination from some or al of the COVID-19 UI programs. (Additional legal chal enges have been reported in other states but at this time do not appear to have reestablished participation.).

37 T hrough March 14, 2021, in New York. For the purposes of UI programs and benefits, New York defines 37 T hrough March 14, 2021, in New York. For the purposes of UI programs and benefits, New York defines week as as
Monday to Sunday; every other state defines Monday to Sunday; every other state defines week as Sunday to Saturday. T herefore, the benefit expiration date in New as Sunday to Saturday. T herefore, the benefit expiration date in New
York falls one calendar day later than in other states. York falls one calendar day later than in other states.
38 T hrough September 5, 2021, in New York. 38 T hrough September 5, 2021, in New York.
39 According to DOL, these states are California, Colorado, Delaware, the District of Columbia, Georgia, Illinois, 39 According to DOL, these states are California, Colorado, Delaware, the District of Columbia, Georgia, Illinois,
Kentucky, Massachusetts, Michigan, Nevada, New York, Ohio, and T exas. Some states have cited the specific federal Kentucky, Massachusetts, Michigan, Nevada, New York, Ohio, and T exas. Some states have cited the specific federal
law in their sunset date, while other states have used a specific date that aligns with an upcoming expiration of the law in their sunset date, while other states have used a specific date that aligns with an upcoming expiration of the
100% federal financing of EB. T exas’s EB T UR trigger statute requires that if 100% federal financing of EB is 100% federal financing of EB. T exas’s EB T UR trigger statute requires that if 100% federal financing of EB is
available, then T exas must promulgate a regulation to use it (based on DOL/ET A email communication with authors, available, then T exas must promulgate a regulation to use it (based on DOL/ET A email communication with authors,
January 16, 2021). January 16, 2021).
~~40 For details on how states may opt out of the CARES Act agreements, see CRS Insight IN11679,~~ ~~States Opting Out of~~
~~COVID-19 Unem ploym ent Insurance (UI) Agreem ents~~.
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UI Benefit Augmentation: Federal Pandemic Unemployment
Compensation (FPUC; Currently $300 a Week)
Section 2104 of the CARES Act original y created a temporary, additional, federal y financed Section 2104 of the CARES Act original y created a temporary, additional, federal y financed
$600-a-week FPUC benefit that augmented most weekly UI benefits, including UC, Pandemic $600-a-week FPUC benefit that augmented most weekly UI benefits, including UC, Pandemic
Unemployment Assistance (PUA), Pandemic Emergency Unemployment Compensation (PEUC), Unemployment Assistance (PUA), Pandemic Emergency Unemployment Compensation (PEUC),
EB, Disaster Unemployment Assistance (DUA), Short-Time Compensation (STC), Trade EB, Disaster Unemployment Assistance (DUA), Short-Time Compensation (STC), Trade
Readjustment Al owance (TRA), and Self Employment Assistance (SEA). Readjustment Al owance (TRA), and Self Employment Assistance (SEA).4140 When the $600 When the $600
weekly FPUC benefit was available, an eligible UI claimant would have received both the UI weekly FPUC benefit was available, an eligible UI claimant would have received both the UI
benefit plus the $600 each week. One $600 FPUC benefit was payable to an eligible UI claimant benefit plus the $600 each week. One $600 FPUC benefit was payable to an eligible UI claimant
for any given week. That temporary $600 weekly augmentation of UI benefits terminated the for any given week. That temporary $600 weekly augmentation of UI benefits terminated the
week ending July 25, 2020. week ending July 25, 2020.
The Continued Assistance Act reauthorized and reestablished the temporary FPUC benefit at a The Continued Assistance Act reauthorized and reestablished the temporary FPUC benefit at a
lower amount of $300 per week for weeks of unemployment beginning after December 26, 2020, lower amount of $300 per week for weeks of unemployment beginning after December 26, 2020,
and ending on or before March 14, 2021.and ending on or before March 14, 2021.4241 ARPA extends the Continued Assistance Act’s ARPA extends the Continued Assistance Act’s
reauthorization of FPUC at $300 per week through weeks of unemployment ending on or before reauthorization of FPUC at $300 per week through weeks of unemployment ending on or before
September 6, 2021. After September 4, 2021, no FPUC benefits are payable. September 6, 2021. After September 4, 2021, no FPUC benefits are payable.4342
While the $300 weekly FPUC benefit is available, an eligible UI claimant would receive both the While the $300 weekly FPUC benefit is available, an eligible UI claimant would receive both the
UI benefit plus the $300 each week. One $300 FPUC benefit is payable to an eligible UI claimant UI benefit plus the $300 each week. One $300 FPUC benefit is payable to an eligible UI claimant
for any given week. FPUC income is required to be disregarded for the purposes of Medicaid and for any given week. FPUC income is required to be disregarded for the purposes of Medicaid and
the Children’s Health Insurance Program (CHIP). During the FPUC authorization period, states the Children’s Health Insurance Program (CHIP). During the FPUC authorization period, states
are prohibited from reducing the UC benefit amount or duration. are prohibited from reducing the UC benefit amount or duration.
For an explanation of the previously authorized $600-a-week version of FPUC as wel as the For an explanation of the previously authorized $600-a-week version of FPUC as wel as the
now-concluded $300 Lost Wages Assistance (LWA) program authorized by a Presidential now-concluded $300 Lost Wages Assistance (LWA) program authorized by a Presidential
memorandum, see t memorandum, see the Appendix.
Additional Weeks of UI: Pandemic Emergency Unemployment
Compensation (PEUC; Currently 49 Weeks)
PEUC provides additional weeks of federal y financed UI benefits for individuals who exhaust PEUC provides additional weeks of federal y financed UI benefits for individuals who exhaust
state and federal UI benefits and are able to work, available for work, and actively seeking work, state and federal UI benefits and are able to work, available for work, and actively seeking work,
subject to COVID-19-related flexibilities. PEUC was original y created as a 13-week UI subject to COVID-19-related flexibilities. PEUC was original y created as a 13-week UI
extension under the CARES Act and payable through weeks of unemployment ending December extension under the CARES Act and payable through weeks of unemployment ending December
26, 2020 (December 27, 2020, in New York). The Continued Assistance Act extended the 26, 2020 (December 27, 2020, in New York). The Continued Assistance Act extended the
authorization for PEUC through weeks of unemployment ending on or before March 13, 2021. authorization for PEUC through weeks of unemployment ending on or before March 13, 2021.4443

4140 For information on T RA, see CRS Report R44153, For information on T RA, see CRS Report R44153, Trade Adjustment Assistance for Workers and the TAA
Reauthorization Act of 2015. For information on SEA, see CRS Report R41253, . For information on SEA, see CRS Report R41253, The Self-Em ploym ent Assistance
(SEA) Program . .
4241 For DOL guidance on the FPUC extension in the Continued Assistance Act, see DOL, ET A, “Continued Assistance For DOL guidance on the FPUC extension in the Continued Assistance Act, see DOL, ET A, “Continued Assistance
for Unemployed Workers (Continued Assistance) Act of 2020for Unemployed Workers (Continued Assistance) Act of 2020 —Federal Pandemic Unemployment Compensation —Federal Pandemic Unemployment Compensation
(FPUC) Program Reauthorization and Modification and Mixed Earners Unemployment Compensation (MEUC) (FPUC) Program Reauthorization and Modification and Mixed Earners Unemployment Compensation (MEUC)
Program Operating, Reporting, and Financial Instructions,” UIPL No. 15 -20, Change 3, January 5, 2021, Program Operating, Reporting, and Financial Instructions,” UIPL No. 15 -20, Change 3, January 5, 2021,
https://wdr.doleta.gov/directives/corr_doc.cfm?docn=6122. https://wdr.doleta.gov/directives/corr_doc.cfm?docn=6122.
4342 September 5, 2021, in New York. September 5, 2021, in New York.
4443 March 14, 2021, in New York. March 14, 2021, in New York.
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In addition, for weeks of unemployment beginning December 26, 2020, In addition, for weeks of unemployment beginning December 26, 2020,4544 the Continued the Continued
Assistance Act authorized 11 additionalAssistance Act authorized 11 additional weeks of PEUC benefits (not weeks of PEUC benefits (not ~~retroactive46~~retroactive45)—for a total of )—for a total of
24 weeks of PEUC. 24 weeks of PEUC.4746
The Continued Assistance Act created a new requirement that individuals receiving EB must The Continued Assistance Act created a new requirement that individuals receiving EB must
exhaust any remaining EB eligibility prior to being eligible to receive the additional weeks of exhaust any remaining EB eligibility prior to being eligible to receive the additional weeks of
PEUC authorized under the act. PEUC authorized under the act.4847
ARPA authorizes 29 additional weeks of PEUC benefits payable with respect to weeks of ARPA authorizes 29 additional weeks of PEUC benefits payable with respect to weeks of
unemployment beginning March 14, 2021 (not retroactive), and extends the authorization for unemployment beginning March 14, 2021 (not retroactive), and extends the authorization for
PEUC through weeks of unemployment ending on or before September 6, 2021. The new PEUC PEUC through weeks of unemployment ending on or before September 6, 2021. The new PEUC
expiration date effectively limits PEUC benefits to no more than an additional 25 weeks and a expiration date effectively limits PEUC benefits to no more than an additional 25 weeks and a
cumulative total of 49 weeks. There is no phase-out period authorized under ARPA. Thus, no cumulative total of 49 weeks. There is no phase-out period authorized under ARPA. Thus, no
PEUC benefits are payable after September 4, 2021. PEUC benefits are payable after September 4, 2021.4948
ARPA also maintained the same requirement that individuals receiving EB must exhaust any ARPA also maintained the same requirement that individuals receiving EB must exhaust any
remaining EB eligibility prior to being eligible to receive the additional weeks of PEUC remaining EB eligibility prior to being eligible to receive the additional weeks of PEUC
authorized under ARPA. authorized under ARPA.5049
Expanded UI Coverage: Pandemic Unemployment Assistance
(PUA, Currently 75 Weeks)
PUA is a temporary federal UI program for individuals who are (1) not otherwise eligible for UI PUA is a temporary federal UI program for individuals who are (1) not otherwise eligible for UI
benefits (e.g., self-employed, independent contractors, gig economy workers); (2) unemployed, benefits (e.g., self-employed, independent contractors, gig economy workers); (2) unemployed,
partial y unemployed, or unable to work due to a specific COVID-19-related reason; and (3) not partial y unemployed, or unable to work due to a specific COVID-19-related reason; and (3) not
able to telework and are not receiving any paid leave. Under the CARES Act, PUA provided up to able to telework and are not receiving any paid leave. Under the CARES Act, PUA provided up to
39 weeks of benefits for weeks of unemployment ending December 26, 2020.39 weeks of benefits for weeks of unemployment ending December 26, 2020.5150 The Continued The Continued
Assistance Act extended the authorization for PUA through weeks of unemployment ending on or Assistance Act extended the authorization for PUA through weeks of unemployment ending on or
before March 13, 2021.before March 13, 2021.5251 In addition, for weeks of unemployment beginning December 26, In addition, for weeks of unemployment beginning December 26,

4544 December 27, 2020, in New York. December 27, 2020, in New York.
4645 Not retroactive refers here, and throughout this report, to the fact that these additional weeks were payable for weeks refers here, and throughout this report, to the fact that these additional weeks were payable for weeks
of unemployment only prospectively, or after enactment. T he additional weeks of benefits were not payable for weeks of unemployment only prospectively, or after enactment. T he additional weeks of benefits were not payable for weeks
of unemployment prior to enactment of the act. of unemployment prior to enactment of the act.
4746 T he Continued Assistance Act also created a phase-out period for PEUC (since removed by ARPA). In the now- T he Continued Assistance Act also created a phase-out period for PEUC (since removed by ARPA). In the now-
removed phase-out period, individuals who were receiving PEUC at the expiration of the program, had not exhausted removed phase-out period, individuals who were receiving PEUC at the expiration of the program, had not exhausted
available weeks of PEUC, and remained otherwise eligible were eligible for PEUC benefits under the Continued available weeks of PEUC, and remained otherwise eligible were eligible for PEUC benefits under the Continued
Assistance Act until April 10, 2021. Assistance Act until April 10, 2021.
4847 For DOL guidance on the PEUC extension in the Continued Assistance Act, see DOL, ET A, “Continued Assistance For DOL guidance on the PEUC extension in the Continued Assistance Act, see DOL, ET A, “Continued Assistance
for Unemployed Workers Act of 2020-Pandemic Emergency Unemployment Compensation (PEUC) Program: for Unemployed Workers Act of 2020-Pandemic Emergency Unemployment Compensation (PEUC) Program:
Extension, T ransition Rule, Increase in T otal Benefits, and Coordination Rules,” UIPL No. 17 -20, Change 2, December Extension, T ransition Rule, Increase in T otal Benefits, and Coordination Rules,” UIPL No. 17 -20, Change 2, December
31, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?docn=9291. 31, 2020, https://wdr.doleta.gov/directives/corr_doc.cfm?docn=9291.
4948 September 5, 2021. September 5, 2021.
5049 For DOL guidance on the UI provisions in ARPA, including the PEUC extensions, see DOL, ET A, “American For DOL guidance on the UI provisions in ARPA, including the PEUC extensions, see DOL, ET A, “American
Rescue Plan Act of 2021 (ARPA)—Key Unemployment Insurance (UI) Provisions,” UIPL No. 14-21, March 15, 2021, Rescue Plan Act of 2021 (ARPA)—Key Unemployment Insurance (UI) Provisions,” UIPL No. 14-21, March 15, 2021,
https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5669. https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=5669.
5150 December 27, 2020, in New York. December 27, 2020, in New York.
5251 March 14, 2021, in New York. March 14, 2021, in New York.
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2020, 2020,5352 the act also authorized 11 additional weeks of PUA benefits (not retroactive)—for a total the act also authorized 11 additional weeks of PUA benefits (not retroactive)—for a total
of 50 weeks of PUA. of 50 weeks of PUA.5453
General y, the PUA benefit amount is based upon the same general formula as the state’s weekly General y, the PUA benefit amount is based upon the same general formula as the state’s weekly
benefit amount; however, it is based on recent earned income (rather than solely UI-covered benefit amount; however, it is based on recent earned income (rather than solely UI-covered
wages), subject to the minimum benefit under Disaster Unemployment Assistance (DUA),wages), subject to the minimum benefit under Disaster Unemployment Assistance (DUA),5554
which is half of the state’s average weekly UC benefit amount. In territories without UC which is half of the state’s average weekly UC benefit amount. In territories without UC
programs, the PUA benefit is determined by DUA regulations. programs, the PUA benefit is determined by DUA regulations.
The Continued Assistance Act provided a new deadline for the backdating of PUA claims The Continued Assistance Act provided a new deadline for the backdating of PUA claims
(previously, PUA claims could be backdated to February 2, 2020): initial applications for PUA (previously, PUA claims could be backdated to February 2, 2020): initial applications for PUA
filed after December 27, 2020, may not be backdated earlier than December 1, 2020. filed after December 27, 2020, may not be backdated earlier than December 1, 2020.5655
The Continued Assistance Act also included additional measures related to PUA, including (1) The Continued Assistance Act also included additional measures related to PUA, including (1)
authority for states to waive recovery of PUA overpayments in cases of non-fault and hardship authority for states to waive recovery of PUA overpayments in cases of non-fault and hardship
(retroactive for any PUA overpayment); (2) codification of the PUA appeals process to be (retroactive for any PUA overpayment); (2) codification of the PUA appeals process to be
conducted by states; and (3) requirements for additional documentation from claimants and for conducted by states; and (3) requirements for additional documentation from claimants and for
other PUA program integrity measures (as described in CRS Report R45478, other PUA program integrity measures (as described in CRS Report R45478, Unemployment
Insurance: Legislative Issues in the 116th Congress).).5756
ARPA authorizes 29 additional weeks of PUA benefits payable with respect to weeks of ARPA authorizes 29 additional weeks of PUA benefits payable with respect to weeks of
unemployment beginning March 14, 2021 (not retroactive), and extends the authorization for unemployment beginning March 14, 2021 (not retroactive), and extends the authorization for
PUA through weeks of unemployment ending on or before September 6, 2021. The new PUA PUA through weeks of unemployment ending on or before September 6, 2021. The new PUA
expiration date effectively limits PUA benefits to no more than an additional 25 weeks and a expiration date effectively limits PUA benefits to no more than an additional 25 weeks and a
cumulative total of 75 weeks.cumulative total of 75 weeks.5857 There is no phase-out period authorized under ARPA. Thus, no There is no phase-out period authorized under ARPA. Thus, no
PUA benefits are payable after September 4, 2021. PUA benefits are payable after September 4, 2021.5958

5352 December 27, 2020, in New York. December 27, 2020, in New York.
5453 T he Continued Assistance Act created a phase-out period for PUA (since removed by ARPA). In the now-removed T he Continued Assistance Act created a phase-out period for PUA (since removed by ARPA). In the now-removed
phaseout, individuals who were receiving PUA at the end of that program expiration, had not exhausted available phaseout, individuals who were receiving PUA at the end of that program expiration, had not exhausted available
weeks of PUA, and remained otherwise eligible were eligible for PUA benefits until April 10, 2021. weeks of PUA, and remained otherwise eligible were eligible for PUA benefits until April 10, 2021.
5554 For information on DUA, see CRS Report RS22022, For information on DUA, see CRS Report RS22022, Disaster Unemployment Assistance (DUA). .
5655 T he Continued Assistance Act included a hold harmless provision such that states may continue to pay PUA benefits T he Continued Assistance Act included a hold harmless provision such that states may continue to pay PUA benefits
for up to four weeks of unemployment for individuals who had previously exhausted PEUC and are receiving PUA but for up to four weeks of unemployment for individuals who had previously exhausted PEUC and are receiving PUA but
are eligible for the additional weeks of are eligible for the additional weeks of ~~P EUC~~PEUC created under this act. After four weeks, states must move claimants created under this act. After four weeks, states must move claimants
eligible for additional weeks of PEUC back to PUA. According to DOL guidance, “ recognizing the unique eligible for additional weeks of PEUC back to PUA. According to DOL guidance, “ recognizing the unique
circumstances states face and the number and complexity of UI programmatic circumstances states face and the number and complexity of UI programmatic ~~change s~~changes that states must swiftly that states must swiftly
implement, should a state determine that it will not be able to transition individuals from PUA back to PEUC in that implement, should a state determine that it will not be able to transition individuals from PUA back to PEUC in that
timeframe, the state must contact the appropriate ETA Regional Office to determine the earliest date that the timeframe, the state must contact the appropriate ETA Regional Office to determine the earliest date that the ~~st ate~~state will will
be able to implement this transition,” UIPL No. 9-21, p. 8. be able to implement this transition,” UIPL No. 9-21, p. 8.
5756 For DOL guidance on the PUA extension and additional PUA measures in the Continued Assistance Act, see DOL, For DOL guidance on the PUA extension and additional PUA measures in the Continued Assistance Act, see DOL,
ET A, “Continued Assistance to Unemployed Workers Act of 2020 —Pandemic Unemployment Assistance (PUA) ET A, “Continued Assistance to Unemployed Workers Act of 2020 —Pandemic Unemployment Assistance (PUA)
Program: Updated Operating Instructions and Reporting Changes,” UIPL No. 16 -20, Change 5, January 8, 2021, Program: Updated Operating Instructions and Reporting Changes,” UIPL No. 16 -20, Change 5, January 8, 2021,
https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6973. https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=6973.
5857 ARPA included a hold harmless provision such that states may continue to pay PUA benefits for up to six weeks of ARPA included a hold harmless provision such that states may continue to pay PUA benefits for up to six weeks of
unemployment for individuals who had previously exhausted PEUC and are receiving PUA but are eligible for the unemployment for individuals who had previously exhausted PEUC and are receiving PUA but are eligible for the
additional weeks of PEUC created under this act. After six weeks, states must move claimants eligible for additional additional weeks of PEUC created under this act. After six weeks, states must move claimants eligible for additional
weeks of PEUC back to PUA. According to DOL guidance, “Based on the experience of states implementing a similar weeks of PEUC back to PUA. According to DOL guidance, “Based on the experience of states implementing a similar
provision with the Continued Assistance Act, the Department considers six weeks of unemployment commencing after provision with the Continued Assistance Act, the Department considers six weeks of unemployment commencing after
the date of enactment of ARPA (week ending April 24, 2021) an appropriate period of time for states to implement the the date of enactment of ARPA (week ending April 24, 2021) an appropriate period of time for states to implement the
additional amounts of PEUC and move an individual from their PUA claim backadditional amounts of PEUC and move an individual from their PUA claim back to PEUC.” UIPL No. 14-21, p. 7. to PEUC.” UIPL No. 14-21, p. 7.
5958 September 5, 2021. September 5, 2021.
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UC and EB Offset PUA
If an individual has exhausted al available entitlement to UC, PEUC, and EB, he or she may be If an individual has exhausted al available entitlement to UC, PEUC, and EB, he or she may be
eligible to collect PUA if the underlying cause of unemployment is attributable to a PUA-covered eligible to collect PUA if the underlying cause of unemployment is attributable to a PUA-covered
circumstance (e.g., specific COVID-19-related condition). However, the 75-week entitlement to circumstance (e.g., specific COVID-19-related condition). However, the 75-week entitlement to
PUA is reduced by the weeks of UC and EB received. (PEUC does not reduce the number of PUA is reduced by the weeks of UC and EB received. (PEUC does not reduce the number of
PUA weeks available.) PUA weeks available.)
Additional UI Augmentation: Mixed Earner Unemployment
Compensation (MEUC; $100 a week)
The Continued Assistance Act also authorized a newly created $100-a-week MEUC payment (in The Continued Assistance Act also authorized a newly created $100-a-week MEUC payment (in
states that elect to participate in MEUC) in addition to the $300-a-week FPUC benefit.states that elect to participate in MEUC) in addition to the $300-a-week FPUC benefit.6059 MEUC MEUC
addresses an issue raised by potential differences in benefits calculated under regular state UI addresses an issue raised by potential differences in benefits calculated under regular state UI
programs and those calculated under PUA. Specifical y, the PUA benefit was created with a programs and those calculated under PUA. Specifical y, the PUA benefit was created with a
higher minimum benefit than each state’s UI minimum benefit (the minimum PUA benefit is 50% higher minimum benefit than each state’s UI minimum benefit (the minimum PUA benefit is 50%
of the average state UI benefit amount). Because PUA is not available to anyone who qualifies for of the average state UI benefit amount). Because PUA is not available to anyone who qualifies for
state UI (or any other federal UI benefit), there may be a concern related to perceived equity for state UI (or any other federal UI benefit), there may be a concern related to perceived equity for
unemployed workers who would qualify for PUA with a higher weekly benefit if they were not unemployed workers who would qualify for PUA with a higher weekly benefit if they were not
also eligible for regular state UI benefits. MEUC addresses this issue by increasing the amount of also eligible for regular state UI benefits. MEUC addresses this issue by increasing the amount of
state UI benefits for individuals in this situation. state UI benefits for individuals in this situation.
MEUC provides $100 weekly for individuals who received at least $5,000 in self-employment MEUC provides $100 weekly for individuals who received at least $5,000 in self-employment
income in the most recent tax year (i.e., ending prior to the individual’s application for state UI income in the most recent tax year (i.e., ending prior to the individual’s application for state UI
benefits) benefits) and who receive a UI benefit other than PUA. MEUC is payable only in states that opt who receive a UI benefit other than PUA. MEUC is payable only in states that opt
to administer the benefit for weeks of unemployment beginning on or after December 27, 2020, to administer the benefit for weeks of unemployment beginning on or after December 27, 2020,
and ending on or before March 13, 2021. and ending on or before March 13, 2021.6160
ARPA extends the MEUC authority at $100 per week in participating states until September 4, ARPA extends the MEUC authority at $100 per week in participating states until September 4,
2021. 2021.6261
State Termination of Temporary COVID-19 Pandemic UI Programs
The statutory authority for the temporary COVID-19 pandemic UI benefits specifies that they are The statutory authority for the temporary COVID-19 pandemic UI benefits specifies that they are
payable through voluntary agreements between DOL and each state that chooses to provide them. payable through voluntary agreements between DOL and each state that chooses to provide them.
The law requires states to provide at least a 30-day notice to DOL that they plan to terminate their The law requires states to provide at least a 30-day notice to DOL that they plan to terminate their
agreements to administer FPUC, PEUC, and MEUC. According to DOL guidance, al signed agreements to administer FPUC, PEUC, and MEUC. According to DOL guidance, al signed
PUA agreements also contained the requirement to provide at least a 30-day notice before PUA agreements also contained the requirement to provide at least a 30-day notice before
terminating PUA. terminating PUA.6362

6059 Other bills introduced in the 116th Congress (S. 4442, S. 4935, H.R. 925, and H.R. 7691) also included provisions for Other bills introduced in the 116th Congress (S. 4442, S. 4935, H.R. 925, and H.R. 7691) also included provisions for
increasing the regular UI benefits of mixed earners. increasing the regular UI benefits of mixed earners.
6160 March 14, 2021, in New York. As of March 5, 2021, according to DOL, all states except South Dakota and Idaho March 14, 2021, in New York. As of March 5, 2021, according to DOL, all states except South Dakota and Idaho
have opted to pay MEUC. Mississippi signed an agreement later than other states and will pay out MEUC for weeks of have opted to pay MEUC. Mississippi signed an agreement later than other states and will pay out MEUC for weeks of
unemployment beginning on or after January 3, 2021. Forunemployment beginning on or after January 3, 2021. For DOL guidance on the MEUC authority in the Continued DOL guidance on the MEUC authority in the Continued
Assistance Act, see DOL, ET A, “Continued Assistance for Unemployed Workers (Continued Assistance) Act of Assistance Act, see DOL, ET A, “Continued Assistance for Unemployed Workers (Continued Assistance) Act of
2020—Federal Pandemic Unemployment Compensation (FPUC) Program2020—Federal Pandemic Unemployment Compensation (FPUC) Program Reauthorization and Modification and Reauthorization and Modification and
Mixed Earners Unemployment Compensation (MEUC) Program Operating, Reporting, and Financial Instructions,” Mixed Earners Unemployment Compensation (MEUC) Program Operating, Reporting, and Financial Instructions,”
UIPL No. 15-20, Change 3, January 5, 2021, https://wdr.doleta.gov/directives/corr_doc.cfm?docn=6122. UIPL No. 15-20, Change 3, January 5, 2021, https://wdr.doleta.gov/directives/corr_doc.cfm?docn=6122.
6261 September 5, 2021, in New York. September 5, 2021, in New York.
6362 T he CARES act requires that states sign agreements with DOL in order to administer PUA. According to DOL T he CARES act requires that states sign agreements with DOL in order to administer PUA. According to DOL
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link to page link to page 1817 Current Unemployment Insurance (UI) Benefits During Covid-19 Recession

Until recently, al states had signed agreements to administer FPUC, PEUC, and PUA. Most Until recently, al states had signed agreements to administer FPUC, PEUC, and PUA. Most
states (excluding Idaho and South Dakota) had agreed to provide MEUC by amending their states (excluding Idaho and South Dakota) had agreed to provide MEUC by amending their
FPUC agreements. As FPUC agreements. As ~~of the cover date of this report, however, 25 states have provided a formal~~
~~30-day notification to DOL that they are terminating some (4 states) or al (21 states) of these~~
~~temporary COVID-19 pandemic UI benefits. Thus, for weeks of unemployment beginning after~~
~~the agreement’s termination, the benefit(s) are no longer available in the state.~~mentioned earlier, 26 states announced terminations of their agreements with DOL to pay some or al of these temporary UI benefits, with effective benefit termination dates ranging from June 12, 2021, to July 31, 2021.63 Some state courts have issued temporary orders prohibiting the state from terminating the COVID-19 UI agreements. In Indiana, PUA, PEUC and FPUC continue to be payable (MEUC is terminated, effective July 19, 2021); and in Maryland, PUA, PEUC, FPUC, and MEUC continue to be payable. There have also been media reports of additional legal chal enges in other states that have announced terminations of COVID-19 UI agreements.64 Additional details ~~Additional details~~
on these state on these state terminations, including the effective dates for benefit terminations, are provided terminations, including the effective dates for benefit terminations, are provided in
in Table 1.6465
Table 1. States Terminating Some or All Temporary COVID-19 UI Benefits
Reporting from DOL, as of Reporting from DOL, as of ~~June 10~~August 4, 2021 , 2021

Program State Is Opting to Terminate:

Effective
Termination
State
FPUC
PEUC
PUA
MEUC
Date
Alabama Alabama
X X
X X
X X
X X
6/19/2021 6/19/2021
Alaska Alaska
X X

X X
6/19/2021 6/19/2021
Arkansas Arkansas
X X
X X
X X
X X
6/26/2021 6/26/2021
Arizona Arizona
X X

X X
7/10/2021 7/10/2021
Florida Florida
X X

X X
6/26/2021 6/26/2021
Georgia Georgia
X X
X X
X X
X X
6/26/2021 6/26/2021
Idaho Idaho
X X
X X
X X
N/A N/A
6/19/2021 6/19/2021
Indiana Indiana
X
X
X
X
~~6/19/2021~~
~~Iowa~~
X
X
X
X
~~6/12/2021~~
~~Maryland~~
X
X
X
X
~~7/3/2021~~
~~Mississippi~~Not terminated Not terminated Not terminated X 7/19/2021 Iowa X X X X 6/12/2021 Louisiana X X X X 7/31/21
X
X
X
X
~~6/12/2021~~
~~Missouri~~
X
X
X
X
~~6/12/2021~~
~~Montana~~
X
X
X
X
~~6/26/2021~~
~~Nebraska~~
X
X
X
X
~~6/19/2021~~
~~New Hampshire~~
X
X
X
X
~~6/19/2021~~
~~North Dakota~~
X
X
X
X
~~6/19/2021~~
~~Ohio~~
X

X
~~6/26/2021~~

guidance, all signed PUA agreements also contained the requirement to provide at least a 30 -day notice before guidance, all signed PUA agreements also contained the requirement to provide at least a 30 -day notice before
terminating PUA. See page I-8 of DOL, ET A, “ Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 terminating PUA. See page I-8 of DOL, ET A, “ Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020
– Pandemic Unemployment Assistance (PUA) Program Operating, Financial, and Reporting Instructions,” UIPL No. – Pandemic Unemployment Assistance (PUA) Program Operating, Financial, and Reporting Instructions,” UIPL No.
16-20, Change 3, April 5, 2020, https://wdr.doleta.gov/directives/attach/UIPL/UIPL_16-20.pdf. 16-20, Change 3, April 5, 2020, https://wdr.doleta.gov/directives/attach/UIPL/UIPL_16-20.pdf.
6463 For additional information on how states may terminate their CARES Act agreements, see CRS Insight IN11679, States Opting Out of COVID-19 Unem ploym ent Insurance (UI) Agreem ents. 64 See CRS Insight IN11679, States Opting Out of COVID-19 Unemployment Insurance (UI) Agreements. 64 See, for example, Eleanor Mueller and Rebecca Rainey, “Labor advocates winning back federal jobless aid in state court battles,” Politico.com, August 11, 2021; and Lisa Rowan, “ Why workers are suing states for cutting off expanded unemployment benefits,” Forbes.com, updated July 14, 2021. 65 T here are additional CARES Act UI provisions subject to temporary, voluntary cost -sharing agreements between T here are additional CARES Act UI provisions subject to temporary, voluntary cost -sharing agreements between
DOL and states that are not discussed in this report. (For example, one agreement is a temporary 75% federal cost -DOL and states that are not discussed in this report. (For example, one agreement is a temporary 75% federal cost -
share of UC benefits paid to former workers in state and local governments, Indian tribes, and certain nonprofit share of UC benefits paid to former workers in state and local governments, Indian tribes, and certain nonprofit
organizations. T hese employers would otherwise fund 100% of the benefits paid to their former employees.) Some organizations. T hese employers would otherwise fund 100% of the benefits paid to their former employees.) Some
states that are terminating agreements to pay temporary UI benefits are also terminating these additional agreements. states that are terminating agreements to pay temporary UI benefits are also terminating these additional agreements.
For more information on these additional voluntary agreements, see CRS Insight IN11679, For more information on these additional voluntary agreements, see CRS Insight IN11679, States Opting Out of
COVID-19 Unem ploym ent Insurance (UI) Agreem ents. .
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Program State Is Opting to Terminate:

Effective
Termination
State
FPUC
PEUC
PUA
MEUC
Date
Maryland Not terminated Not terminated Not terminated Not terminated NA Mississippi X X X X 6/12/2021 Missouri X X X X 6/12/2021 Montana X X X X 6/26/2021 Nebraska X X X X 6/19/2021 New Hampshire X X X X 6/19/2021 North Dakota X X X X 6/19/2021 Ohio X X 6/26/2021 Oklahoma Oklahoma
X X
X X
X X
X X
6/26/2021 6/26/2021
South Carolina South Carolina
X X
X X
X X
X X
6/26/2021 6/26/2021
South Dakota South Dakota
X X
X X
X X
N/A N/A
6/26/2021 6/26/2021
Tennessee Tennessee
X X
X X
X X
X X
7/3/2021 7/3/2021
Texas Texas
X X
X X
X X
X X
6/26/2021 6/26/2021
Utah Utah
X X
X X
X X
X X
6/26/2021 6/26/2021
West Virginia West Virginia
X X
X X
X X
X X
6/19/2021 6/19/2021
Wyoming Wyoming
X X
X X
X X
X X*
6/19/2021 6/19/2021
Source: U.S. Department of Labor (DOL), Employment and Training Administration, via email, U.S. Department of Labor (DOL), Employment and Training Administration, via email, ~~June 10~~August 17, 2021. , 2021.
Notes: FPUCFPUC~~=Federal~~ = Federal Pandemic Unemployment Compensation,Pandemic Unemployment Compensation, ~~PEUC=~~ PEUC = Pandemic Emergency Unemployment Pandemic Emergency Unemployment
Compensation, PUACompensation, PUA~~=Pandemic~~ = Pandemic Unemployment Assistance, MEUCUnemployment Assistance, MEUC= = Mixed Earner UnemploymentMixed Earner Unemployment ~~Compensation.~~
Compensation. According to DOL, state courts in Indiana and Maryland have issued temporary orders prohibiting withdrawal from COVID-19 UI programs. Thus, in Indiana PUA, PEUC and FPUC continue to be payable (MEUC is terminated, effective July 19, 2021); and in Maryland, PUA, PEUC, FPUC, and MEUC continu e to be payable. Idaho and South Dakota never signed an initial agreementIdaho and South Dakota never signed an initial agreement to administerto administer MEUC. Wyoming ~~MEUC.~~
*Wyoming notified DOL that retroactively it was not opting for the MEUC program. notified DOL that retroactively it was not opting for the MEUC program.
Coordination of UI Benefits
During a period of unemployment, individuals may be eligible for benefits under multiple, During a period of unemployment, individuals may be eligible for benefits under multiple,
currently authorized UI programscurrently authorized UI programs. Figure 1 provides the statutory order of the flow of UI benefits provides the statutory order of the flow of UI benefits
from March 13, 2021, through September 4, 2021. This flow is contingent on an individual from March 13, 2021, through September 4, 2021. This flow is contingent on an individual
meeting al eligibility criteria for the respective programs. It is also contingent on a state having meeting al eligibility criteria for the respective programs. It is also contingent on a state having
an agreement with DOL to administer the programs authorized under the CARES Act, as an agreement with DOL to administer the programs authorized under the CARES Act, as
amended by the Continued Assistance Act and ARPA. As described above, as of amended by the Continued Assistance Act and ARPA. As described above, as of ~~the cover date of~~
~~this report, 25 states have recently provided formal notification to DOL that they are terminating~~
this report date, 26 states have terminated some or al of the temporary UI benefits authorized under the CARES some or al of the temporary UI benefits authorized under the CARES Act, as amended. In two of these states (Indiana and Maryland), state courts have issued temporary orders prohibiting withdrawal from COVID-19 UI programs~~Act, as amended, with~~
~~effective benefit termination dates ranging from June 12, 2021, to July 10, 2021~~. .
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Current Unemployment Insurance (UI) Benefits During Covid-19 Recession

Figure 1. Current Coordination of the Flow of UI Benefits Under the American
Rescue Plan Act of 2021
Benefit Availability Depends Upon State Agreement Benefit Availability Depends Upon State Agreement
(March 13, 2021, through September 4, 2021) (March 13, 2021, through September 4, 2021)

Source: CRS analysis based on the UI provisions in Title IX, Subtitle A, of the American Rescue Plan Act of CRS analysis based on the UI provisions in Title IX, Subtitle A, of the American Rescue Plan Act of
2021 (P.L. 117-2) and U.S. Department of Labor (DOL) guidance. 2021 (P.L. 117-2) and U.S. Department of Labor (DOL) guidance.
Notes: This coordination flow is contingent on an individual meeting al eligibility criteria for the respective This coordination flow is contingent on an individual meeting al eligibility criteria for the respective
programs. It is also contingent on a state having an agreement with DOL to administer each benefit. programs. It is also contingent on a state having an agreement with DOL to administer each benefit.
Transition rules: (1) Individuals who were receiving EB for the week ending December 26, 2020, were required Transition rules: (1) Individuals who were receiving EB for the week ending December 26, 2020, were required
to remain on EB until those benefits were exhausted; after that point, they may have been eligible for additional to remain on EB until those benefits were exhausted; after that point, they may have been eligible for additional
PEUC if available. (2) Individuals who were receiving EB for the week ending March 13, 2021, must remain on EB PEUC if available. (2) Individuals who were receiving EB for the week ending March 13, 2021, must remain on EB
until those benefits are exhausted; after that point, they may be eligible for additional PEUC if available. until those benefits are exhausted; after that point, they may be eligible for additional PEUC if available.
PUA is the last payer. Al other UI benefits must be exhausted or unavailable. States have a temporary, six-week PUA is the last payer. Al other UI benefits must be exhausted or unavailable. States have a temporary, six-week
authorization to continue to pay PUA rather than PEUC if an individual was receiving PUA for the week ending authorization to continue to pay PUA rather than PEUC if an individual was receiving PUA for the week ending
March 13, 2021. March 13, 2021.
FPUC, MEUC, PUA, and PEUC are authorized through September 4, 2021 (September 5, 2021, for New York). FPUC, MEUC, PUA, and PEUC are authorized through September 4, 2021 (September 5, 2021, for New York).
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As of March 5, 2021, South Dakota and Idaho did not sign agreements to offer MEUC, according to DOL. As of March 5, 2021, South Dakota and Idaho did not sign agreements to offer MEUC, according to DOL.
On May 18, 2021, Wyoming retroactively notified DOL that it was not offering MEUC. On May 18, 2021, Wyoming retroactively notified DOL that it was not offering MEUC.
As of As of ~~June 10, 2021,~~ August 4, 2021, according to DOL, the fol owing the fol owing ~~25 states have provided a formal 30-day notification to DOL that they are~~
~~terminating some or al of these temporary~~ 24 states have terminated their agreements with DOL to pay some or al COVID-19 UI benefits: Alabama, Alaska, Arkansas, Arizona, Florida,COVID-19 UI benefits: Alabama, Alaska, Arkansas, Arizona, Florida,
Georgia, Idaho, Georgia, Idaho, ~~Indiana, Iowa, Maryland~~Iowa, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North , Mississippi, Missouri, Montana, Nebraska, New Hampshire, North
Dakota, Ohio, Oklahoma, South Carolina,Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, WestSouth Dakota, Tennessee, Texas, Utah, West ~~Virginia, and Wyoming~~ Virginia, and Wyoming. Two additional states—Indiana and Maryland—also announced terminations of their state agreements to pay COVID-UI benefits. According to DOL, state courts in Indiana and Maryland have issued temporary orders prohibiting early termination from some or al of the COVID-19 UI programs. (Additional legal chal enges have been reported in other states but at this time do not appear to have reestablished participation.) Thus, in Indiana PUA, PEUC and FPUC continue to be payable (MEUC is terminated, effective July 19, 2021); and in Maryland, PUA, PEUC, FPUC, and MEUC continue to be payable. .
Table 2. Temporary UI Benefit Expirations Under the American Rescue Plan Act
of 2021
Benefit
Expiration Date
Phaseout Date
Federal Pandemic Unemployment Compensation Federal Pandemic Unemployment Compensation
September 3, 2021 September 3, 2021
No phaseout No phaseout
(FPUC) (FPUC)
(September 4, 2021, in (September 4, 2021, in
New York) New York)
Pandemic Emergency Unemployment Compensation Pandemic Emergency Unemployment Compensation
September 3, 2021 September 3, 2021
No phaseout No phaseout
(PEUC) (PEUC)
(September 4, 2021, in (September 4, 2021, in
New York) New York)
Pandemic Unemployment Assistance (PUA) Pandemic Unemployment Assistance (PUA)
September 3, 2021 September 3, 2021
No phaseout No phaseout
(September 4, 2021, in (September 4, 2021, in
New York) New York)
Mixed Earner Unemployment Compensation (MEUC) Mixed Earner Unemployment Compensation (MEUC)
September 3, 2021 September 3, 2021
No phaseout No phaseout
(September 4, 2021, in (September 4, 2021, in
New York) New York)
Source: CRS analysis of P.L. 117-2. CRS analysis of P.L. 117-2.
Notes: Al UI benefits are paid with respect to a week of unemployment, subsequent to the actual week of Al UI benefits are paid with respect to a week of unemployment, subsequent to the actual week of
unemployment. Thus, the expiration dates refer to the end of the last payable week of unemployment. Benefit unemployment. Thus, the expiration dates refer to the end of the last payable week of unemployment. Benefit
payments for this last week of unemployment wil be issued to individuals after the expiration dates. States may payments for this last week of unemployment wil be issued to individuals after the expiration dates. States may
opt to terminate participation in temporary UI benefits 30 days after notifying the U.S. Department of Labor. opt to terminate participation in temporary UI benefits 30 days after notifying the U.S. Department of Labor.

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Appendix. Expired Programs: $600 FPUC, $300 LWA
$600 Weekly Federal Pandemic Unemployment Compensation
Section 2104 of the CARES Act created a temporary, additional, federal y financed $600 benefit Section 2104 of the CARES Act created a temporary, additional, federal y financed $600 benefit
that augmented weekly UI benefits, including UC, PUA, PEUC, EB, DUA, STC, TRA, and that augmented weekly UI benefits, including UC, PUA, PEUC, EB, DUA, STC, TRA, and
SEA.SEA.6566 This original FPUC was payable for weeks of unemployment beginning after a state This original FPUC was payable for weeks of unemployment beginning after a state
signed an agreement through weeks ending on or before July 31, 2020. signed an agreement through weeks ending on or before July 31, 2020.6667 When the $600 weekly When the $600 weekly
FPUC benefit was available, an eligible UI claimant would have received both the UI benefit plus FPUC benefit was available, an eligible UI claimant would have received both the UI benefit plus
the $600 each week. One $600 FPUC benefit was payable to an eligible UI claimant for any the $600 each week. One $600 FPUC benefit was payable to an eligible UI claimant for any
given week. For most states, this meant that FPUC payments under the CARES Act ended on given week. For most states, this meant that FPUC payments under the CARES Act ended on
July 25, 2020. July 25, 2020.6768
Shortly after the $600 weekly FPUC expired, LWA provided $300 in weekly benefits to some UI Shortly after the $600 weekly FPUC expired, LWA provided $300 in weekly benefits to some UI
beneficiaries through September 5, 2020.beneficiaries through September 5, 2020.6869 See the section below for details. Approximately four See the section below for details. Approximately four
months later, the Continued Assistance Act reauthorized FPUC at a lower $300 weekly amount. months later, the Continued Assistance Act reauthorized FPUC at a lower $300 weekly amount.
See the section See the section “UI Benefit Augmentation: Federal Pandemic Unemployment Compensation
(FPUC; Currently $300 a Week)” for additional details on this reauthorized FPUC benefit. for additional details on this reauthorized FPUC benefit.
FPUC income was required to be disregarded for the purposes of Medicaid and CHIP. FPUC income was required to be disregarded for the purposes of Medicaid and CHIP.
$300 Weekly Lost Wages Assistance
On August 8, 2020, President Donald Trump issued a presidential memorandum authorizing other On August 8, 2020, President Donald Trump issued a presidential memorandum authorizing other
needs assistance (ONA) under Section 408 of the Robert T. Stafford Disaster Relief and needs assistance (ONA) under Section 408 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §5174(e)(2)) for Emergency Assistance Act (Stafford Act; P.L. 93-288, as amended; 42 U.S.C. §5174(e)(2)) for
lost wages.lost wages.6970 As described in Federal Emergency Management Agency (FEMA) guidance, As described in Federal Emergency Management Agency (FEMA) guidance,7071 this this
LWA program provided grants to states to supplement the weekly benefits of certain eligible UI LWA program provided grants to states to supplement the weekly benefits of certain eligible UI
claimants in participating states, subject to a cost-sharing requirement. claimants in participating states, subject to a cost-sharing requirement.7172
LWA grants were paid as a $300-per-week supplement in entirely federal funds to individuals LWA grants were paid as a $300-per-week supplement in entirely federal funds to individuals
with underlying weekly UI benefit amounts of at least $100, or, if a state chose to contribute an with underlying weekly UI benefit amounts of at least $100, or, if a state chose to contribute an

6566 For information on T RA, see CRS Report R44153, For information on T RA, see CRS Report R44153, Trade Adjustment Assistance for Workers and the TAA
Reauthorization Act of 2015. For information on SEA, see CRS Report R41253, . For information on SEA, see CRS Report R41253, The Self-Em ploym ent Assistance
(SEA) Program . .
6667 A number of state laws have provisions for extending the potential duration of benefits during periods of high A number of state laws have provisions for extending the potential duration of benefits during periods of high
unemployment for individuals in approved training who exhaust benefits, or for a variety of other reasons. Although unemployment for individuals in approved training who exhaust benefits, or for a variety of other reasons. Although
some state laws call these programs some state laws call these programs extended benefits, DOL uses the term , DOL uses the term additional benefits (AB) to avoid confusion (AB) to avoid confusion
with the federal-state EB program. DOL has stated that FPUC is not payable to individuals receiving AB payments. with the federal-state EB program. DOL has stated that FPUC is not payable to individuals receiving AB payments.
T he order of payment for AB within the context of the multiple programs described above is dependent on state law.T he order of payment for AB within the context of the multiple programs described above is dependent on state law.
67 68 July 26, 2020, in New York. July 26, 2020, in New York.
6869 September 6, 2020, in New York. September 6, 2020, in New York.
6970 T he White House, “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster T he White House, “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster
Declarations Related to Coronavirus Disease 2019,” August 8, 2020, available at https://trumpwhitehouse.archives.gov/Declarations Related to Coronavirus Disease 2019,” August 8, 2020, available at https://trumpwhitehouse.archives.gov/
presidential-actions/memorandum-authorizing-needs-assistance-program-major-disaster-declarations-related-presidential-actions/memorandum-authorizing-needs-assistance-program-major-disaster-declarations-related-
coronavirus-disease-2019/. coronavirus-disease-2019/.
7071 FEMA, “Lost Wages Supplemental Payment Assistance Guidelines,” available at https://www.fema.gov/disasters/ FEMA, “Lost Wages Supplemental Payment Assistance Guidelines,” available at https://www.fema.gov/disasters/
coronavirus/governments/supplemental-payments-lost-wages-guidelines. coronavirus/governments/supplemental-payments-lost-wages-guidelines.
7172 Section 262 of the Continued Assistance Act provided that states may waive overpayments under the LWA program Section 262 of the Continued Assistance Act provided that states may waive overpayments under the LWA program
when an individual is not at fault for the overpayment and repayment would be when an individual is not at fault for the overpayment and repayment would be ~~con trary~~contrary to equity and good conscience. to equity and good conscience.
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additional $100 a week in state funds, the total supplement would have been $400 a week. additional $100 a week in state funds, the total supplement would have been $400 a week.7273 LWA LWA
was not available to those receiving DUA. was not available to those receiving DUA.
As constructed, LWA grants were potential y available for weeks of unemployment ending As constructed, LWA grants were potential y available for weeks of unemployment ending
between August 1, 2020, and December 27, 2020, but the program could have terminated earlier between August 1, 2020, and December 27, 2020, but the program could have terminated earlier
if Congress had enacted supplemental COVID-19 pandemic-related unemployment compensation if Congress had enacted supplemental COVID-19 pandemic-related unemployment compensation
(e.g., reestablished the FPUC authority, which did not occur in that period) or certain conditions (e.g., reestablished the FPUC authority, which did not occur in that period) or certain conditions
were met related to the balance of the Disaster Relief Fund (DRF). In practical terms, the first were met related to the balance of the Disaster Relief Fund (DRF). In practical terms, the first
week of unemployment covered by LWA began on August 26, 2020, and all states ended LWA week of unemployment covered by LWA began on August 26, 2020, and all states ended LWA
payments by September 6, 2020, as the amount of available funds in the DRF precluded payments by September 6, 2020, as the amount of available funds in the DRF precluded
additional payments. additional payments.7374

Author Information

Julie M. Whittaker Julie M. Whittaker
Katelin P. Isaacs Katelin P. Isaacs
Specialist in Income Security Specialist in Income Security
Specialist in Income Security Specialist in Income Security

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or its entirety without permission from CRS. However, as a CRS Report may include copyrighted images or
material from a third party, you may need to obtain the permission of the copyright holder if you wish to material from a third party, you may need to obtain the permission of the copyright holder if you wish to
copy or otherwise use copyrighted material. copy or otherwise use copyrighted material.

7273 South Dakota and American Samoa did not participate in LWA. Guam, Kentucky, and Montana supplemented LWA South Dakota and American Samoa did not participate in LWA. Guam, Kentucky, and Montana supplemented LWA
with an additional $100 weekly payment. All jurisdictions participating in LWA provided up to six weeks of with an additional $100 weekly payment. All jurisdictions participating in LWA provided up to six weeks of ~~benef its~~benefits
with the following exceptions: the Commonwealth of Northern Mariana Islands agreed to provide up to three weeks, with the following exceptions: the Commonwealth of Northern Mariana Islands agreed to provide up to three weeks,
Florida provided up to four weeks, Idaho provided up to five weeks, and the U.S. Virgin Islands provided up to three Florida provided up to four weeks, Idaho provided up to five weeks, and the U.S. Virgin Islands provided up to three
weeks. (Email exchange between the authors of this report and FEMA, Office of External Affairs, February 6, 2021.) weeks. (Email exchange between the authors of this report and FEMA, Office of External Affairs, February 6, 2021.)
7374 Email exchange between the authors of this report and FEMA, Office of the Chief Financial Officer, November 9, Email exchange between the authors of this report and FEMA, Office of the Chief Financial Officer, November 9,
2020. 2020.
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