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

Changes from August 22, 2021 to January 31, 2022

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~~
~~August 22, 2021~~
~~(UI) Benefits:~~ Unemployment Insurance (UI) Benefits: January 31, 2022 Permanent-Law Programs and
the COVID-19 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. temporary, federal UI benefits. AEach state state’s UC laws determine ~~UC program determines~~ the weekly benefit amount and 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 expansions during recessions. In response to the recent recession caused by the ~~Coronavirus Disease 2019 (COVID-19)~~
COVID-19 pandemic, Congress created several temporarypandemic, Congress created several temporary, now-expired UI programs through the Coronavirus Aid, Relief, and Economic Security 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(CARES) Act (P.L. 116-136); extended these programs through Division N, Title II, Subtitle A , of the Consolidated , of the Consolidated
Appropriations Act, 2021 (P.L. 116-260;Appropriations Act, 2021 (P.L. 116-260; the Continued Assistance for Unemployed Workers Act of 2020, or “Continued 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)  Federal Pandemic Unemployment Compensation (FPUC) ~~provides~~provided a $300 per week supplement for all UI a $300 per week supplement for all UI
benefits for weeks of unemployment beginning on or after December 27, 2020 benefits for weeks of unemployment beginning on or after December 27, 2020~~. No FPUC benefits are~~
~~payable after~~ through September 4, 2021 (September 5, 2021, 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 dates provided below, the benefit expiration date in New York ~~falls~~fell one calendar day later, one calendar day later, ~~which is due to~~
~~state definitions~~based upon its state’s definition of of week).).
 Pandemic Emergency Unemployment Compensation (PEUC)  Pandemic Emergency Unemployment Compensation (PEUC) ~~provides~~provided a total of 49 additional weeks of a total of 49 additional weeks of
federally financed UI benefits for individuals who federally financed UI benefits for individuals who ~~exhaust~~exhausted state and federal UI benefits and state and federal UI benefits and ~~are~~were able to 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)  Pandemic Unemployment Assistance (PUA) ~~provides~~provided a total of 75 weeks of a temporary, federal UI a total of 75 weeks of a temporary, federal UI
program for individuals who program for individuals who ~~are~~were (1) not otherwise eligible for UI benefits (e.g., self-employed, independent (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 PUA benefit iswas available through September 4, 2021. 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)  Mixed Earner Unemployment Compensation (MEUC) ~~provides~~provided, at state option, a $100 per week benefit , 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 who ~~are~~were not currently receiving PUA. MEUC not currently receiving PUA. MEUC iswas available in most states for weeks of unemployment available in most states for weeks of unemployment
beginning on or after December 27, 2020beginning on or after December 27, 2020~~. After~~, through September 4, 2021 September 4, 2021~~, no MEUC benefits are payable.~~
~~FPUC, PEUC, PUA, and MEUC are~~. All temporary UI measures enacted in response to the COVID-19 pandemic expired at the beginning of September 2021. When authorized, FPUC, PEUC, PUA, and MEUC were all payable through voluntary agreements between DOL and states. Each agreement all payable through voluntary agreements between DOL and states. Each agreement
~~requires~~required that the state administer the benefits. All states agreed to administer FPUC, PEUC, and PUA, and all but two states 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 (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 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 reported that state courts in Indiana and Maryland ~~have issued temporary~~ issued orders prohibiting early termination from some or orders prohibiting early termination from some or
all of the COVID-19all of the COVID-19 UI programs. (Additional legal challenges UI programs. (Additional legal challenges ~~have been~~were reported in other states but reported in other states but ~~at this time~~ do not do not
appear to have reestablished participation.) For additional information on legislative proposals introduced to make changes to appear to have reestablished participation.) For additional information on legislative proposals introduced to make changes to
UI programs and benefits, see CRS Report R46789, UI programs and benefits, see CRS Report R46789, Unemployment Insurance: Legislative Issues in the 117th Congress. .
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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 eligibleprovide up to 26 weeks of UC to eligible ~~individuals~~ individuals who become involuntarily unemployed for who become involuntarily unemployed for
economic reasons and meet state-established eligibilityeconomic reasons and meet state-established eligibility rules. 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 countercyclical payments that increase ~~automatical y~~automatically during a recession. The intent to provide 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 expansions, states fund approximately 85%-90% of al all UC expenditures—as almost UC expenditures—as almost al all UC 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 relativelyare relatively ~~smal~~ small during these expansions (approximately 10%-15%) and are primarily made to during these expansions (approximately 10%-15%) and are primarily made to
the states via administrative grants financed by federal unemployment tax revenue.2the 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~~falls because fewer workers are unemployed.3 In a recession, UC tax revenue decreases and UC 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~~automatically triggering the availability triggering the availability of up to an additionalof up to an additional 13 or 20 weeks of EB payments. 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,~~ 1 See, for example, President Franklin Roosevelt’s remarks at the signing of the Social Security Actfor example, President Franklin Roosevelt’s remarks at the signing of the Social Security Act on Auguston August 14, 14,
1935: “1935: “ ~~T his~~This law, too, represents a cornerstone in a structure which is law, too, represents a cornerstone in a structure which is ~~being~~ being built but isbuilt but is by by no means complete. It is a no means complete. It is a
structure intended to lessen the force of possible future depressions. It willstructure intended to lessen the force of possible future depressions. It will act as a protection to future Administrations act as a protection to future Administrations
against the necessity of going deeply into debt to furnish relief to the needy. against the necessity of going deeply into debt to furnish relief to the needy. ~~T he~~The law will law will flatten outflatten out the peaks and the peaks and
valleys of deflation and of inflation. It is, in short, a lawvalleys of deflation and of inflation. It is, in short, a law that will take care of human needs and at the same time that will take care of human needs and at the same time
provide the United States an economic structure of vastly greater soundness,”provide the United States an economic structure of vastly greater soundness,” available at http://www.ssa.gov/history/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 2 For a description of administrative grants to the states, see CRS In Focus IF10838, In Focus IF10838, Funding the State Administration
of ~~Unem ploym ent Com pensation~~Unemployment Compensation (UC) Benefits. .
3 For a description of federal and state unemployment taxes, see CRS 3 For a description of federal and state unemployment taxes, see CRS Report R44527, Report R44527, Unemployment Compensation:
The ~~Fundam entals~~Fundamentals of the Federal ~~Unem ploym ent~~Unemployment 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 benefit expansions—such as the now-expired benefits created under the Coronavirus Aid, Relief, and 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 Congress often extended the authorization of these temporary benefits as ~~wel~~ well as expanded and 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 additional benefits were conditional on state economic conditions.6 ~~Temporary programs~~Additionally, in response to the 2020 recession, Congress created a separate benefit (Pandemic Unemployment Assistance) for those individuals who were traditionally unable to access regular UI benefits because of the nature of their employment. All temporary, now-expired programs that were enacted 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~~” 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,multiple, temporarily and permanently authorized UI temporarily and permanently authorized UI ~~programs~~programs. Figure 1 at the end of this report at the end of this report
provides the flow of provides the flow of ~~al available UI benefits~~all UI benefits that were available from March 13, 2021, through September 4, 2021, from March 13, 2021, through September 4, 2021,
in participating states.in 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 eligibleIn general, when eligible workers lose their jobs, the joint federal-state UC program may provide 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. 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~~
~~economic conditions and state law options.7 For example, for the week of August 22, 2021, 10~~
~~jurisdictions had some type of EB available. Eight jurisdictions were in a regular EB period~~

7 UC 4 Janet L. Norwood4 Janet L. Norwood et al., et al., Collected Findings and Recommendations: 1994-1996, Advisory Council on Unemployment , Advisory Council on Unemployment
Compensation, Washington, DC, 1996, pp. 2Compensation, Washington, DC, 1996, pp. 2 -4. For additional information on EB law changes over time, see -4. For additional information on EB law changes over time, see ~~T able~~Table A- A-
1 in CRS1 in CRS Report RL34340, Report RL34340, Extending ~~Unem ployment Com pensation~~Unemployment Compensation Benefits During Recessions. .
5 See 5 See ~~CRS~~ CRS Report RL34340, Report RL34340, Extending Unemployment Compensation Benefits During Recessions, for details of the , for details of the
congressional response to recessions from 1980 through 2014. congressional response to recessions from 1980 through 2014. ~~T he~~The recession that began in January 1980 was recession that began in January 1980 was the only 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 wastrigger at that time (which was removed, effective August 13, 1981, by P.L. 97-35, the Omnibus Budgetremoved, effective August 13, 1981, by P.L. 97-35, the Omnibus Budget Reconciliation Reconciliation
Act of 1981) and, thus, EB wasAct of 1981) and, thus, EB was available for all states. available for all states.
6 Ibid,6 Ibid, see “see “ ~~T able~~Table A-1. Summary of Extended Unemployment Compensation Programs.” A-1. Summary of Extended Unemployment Compensation Programs.”
7 Certain groups of workers may qualify for income support from additional UI programs, including7 Certain groups of workers may qualify for income support from additional UI programs, including ~~T rade~~ Trade Adjustment Adjustment
Assistance (Assistance (~~T AA~~TAA), Reemployment ), Reemployment ~~T rade~~Trade Adjustment Assistance ( Adjustment Assistance (~~RT AA~~RTAA), and Disaster Unemployment Assistance ), and Disaster Unemployment Assistance
(DUA). Workers who lose their jobs because(DUA). Workers who lose their jobs because of international competition may qualify for income support through the of international competition may qualify for income support through the
~~T AA~~TAA program or the program or the ~~RT AA~~RTAA program (for certain workers aged (for certain workers aged 50 or older). 50 or older). ~~Wo rkers~~Workers may be eligible may be eligible to receive DUA benefits if to receive DUA benefits if
they are not eligible for regularthey are not eligible for regular UC UC and their unemployment may be directly attributed to a declaredand their unemployment may be directly attributed to a declared natural disasternatural disaster .
. For more information on the For more information on the ~~T AA and RT AA~~TAA and RTAA programs, see CRS programs, see CRS In FocusIn Focus IF10570, IF10570, Trade ~~Adjustm ent~~ Adjustment Assistance for
~~Workers~~ Workers (TAA). .
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~~where up to 13 weeks of EB payments are available.8 Additional y, two states were triggered on a~~
~~high unemployment period (HUP) where up to 20 weeks of EB payments are available.9~~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.8 (For an ~~(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.benefits.109 Although federal laws and regulations provide broad guidelines on UC benefit Although federal laws and regulations provide broad guidelines on UC benefit
coverage, eligibility,coverage, eligibility, and determination, the specifics regarding UC benefits are determined by and determination, the specifics regarding UC benefits are determined by
each jurisdiction. This results in each jurisdiction. This results in ~~essential y~~essentially 53 different programs. 53 different programs.11
10 Eligibility
In general, UC eligibility In general, UC eligibility is based on attaining qualified wages and employment in covered work is based on attaining qualified wages and employment in covered work
over a 12-month period (over a 12-month period (~~cal ed~~called a a base period) prior to unemployment. ) prior to unemployment. Al All states require a worker 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 eligiblewithin the base period to be eligible to receive UC benefits. The methods states use to determine to receive UC benefits. The methods states use to determine
eligibilityeligibility vary greatly. In addition, each state’s UC law requires individuals to have lost their jobs 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.actively seeking work.1211 These eligibility requirements help ensure that UC benefits are directed 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.conditions.1312 Self-employed workers— Self-employed workers—~~potential y~~potentially including independent contractors and gig including independent contractors and gig
economy workers—are the largest group of workers economy workers—are the largest group of workers ~~general y~~generally excluded from eligibility excluded from eligibility for UC for UC
benefits.benefits.14

~~8 Alaska, California, District of Columbia, Illinois, Nevada, New Jersey, New York, and T exas. For the current EB~~
~~trigger notice, select “Extended Benefits T rigger Not ice” at https://oui.doleta.gov/unemploy/claims_arch.asp.~~
~~9 Connecticut and New Mexico~~13 8 For example, during the week of August 23, 2020, 51 jurisdictions had some type of EB available (only Idaho and South Dakota were triggered off, see https://oui.doleta.gov/unemploy/trigger/2020/trig_082320.html). By August 22, 2021, 10 jurisdictions had some type of EB available (see https://oui.doleta.gov/unemploy/trigger/2021/trig_082221.html). For the current EB trigger notice, select “Extended Benefits . For the current EB trigger notice, select “Extended Benefits ~~T rigger~~Trigger Notice” at Notice” at
https://oui.doleta.gov/unemploy/claims_arch.asp.https://oui.doleta.gov/unemploy/claims_arch.asp.
10 9 Former federal workers may be eligible Former federal workers may be eligible for unemployment benefits through the Unemployment Compensation for for unemployment benefits through the Unemployment Compensation for
FederalFederal Employees (UCFE) program, 5 U.S.C.Employees (UCFE) program, 5 U.S.C. §§8501-8508. Former U.S. military servicemembers may be eligible§§8501-8508. Former U.S. military servicemembers may be eligible for for
unemployment benefits through the Unemployment Compensation for Exunemployment benefits through the Unemployment Compensation for Ex -Servicemembers (UCX) program, 5 U.S.C. -Servicemembers (UCX) program, 5 U.S.C.
§§8521-8525. For more information on the Unemployment Compensation for Ex§§8521-8525. For more information on the Unemployment Compensation for Ex -Servicemembers (UCX) program, see -Servicemembers (UCX) program, see
CRSCRS Report RS22440, Report RS22440, ~~Unem ploym ent Com pensation~~Unemployment Compensation (Insurance) and Military Service. Both UCFE and UCX. Both UCFE and UCX benefit benefit
and duration amounts are basedand duration amounts are based upon the underlying state UC lawsupon the underlying state UC laws.
~~11 T he~~ of the official duty station. 10 The District of Columbia, Puerto Rico, and the U.S. Virgin District of Columbia, Puerto Rico, and the U.S. Virgin Islands are considered states underIslands are considered states under federal UI law.federal UI law.
12 11 In some cases In some cases, a worker may be eligible a worker may be eligible for benefits basedfor benefits based upon quitting a jobupon quitting a job for a for a good cause reason. In all states, reason. In all states,
individualsindividuals who leave their work voluntarily must meet the state’s good causewho leave their work voluntarily must meet the state’s good cause requirements if they are not to be requirements if they are not to be
disqualifieddisqualified from receiving UC.from receiving UC. In many states, good causeIn many states, good cause is is explicitly restricted to reasons connected with the work, 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 attributable to the employer, or involving fault on the part of the employer. (For those states, see ~~T able~~Table 5.1 in DOL, 5.1 in DOL,
2020 ~~Com parison~~Comparison of State ~~Unem ploym ent~~Unemployment 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.)
1312 Summary details Summary details on various aspects of state UC programs, includingon various aspects of state UC programs, including ~~eligibility~~ eligibility requirements, are provided in DOL, requirements, are provided in DOL,
~~2020 Com parison of State Unem ploym ent~~2021 Comparison of State Unemployment Insurance Laws, available at https://oui.doleta.gov/unemploy/comparison/, available at https://oui.doleta.gov/unemploy/comparison/
2020-2029/2020-2029/~~comparison2020~~comparison2021.asp. .asp.
1413 For additional information on gig economy workers, see CRS For additional information on gig economy workers, see CRS Report R44365, Report R44365, What Does the Gig Economy Mean
for Workers?. .
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Benefit Amount
UC benefit calculations are UC benefit calculations are ~~general y~~ generally based on wages for covered work over the 12-month base 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. weekly maximum. Al All states disregard some earnings during unemployment as an incentive to 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). reduced (rather than being laid off). ~~General y~~Generally, in partial unemployment situations, a worker’s net , 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 proportion of earnings (after a ~~smal~~ small disregard).disregard).15
~~There~~14 Similarly, there is considerable variation by state in the maximum weekly UC benefit amounts. is considerable variation by state in the maximum weekly UC benefit amounts. ~~As of~~
~~January~~In July 2021, the maximum weekly benefit amount ranged from $235 (Mississippi) to $855 2021, the maximum weekly benefit amount ranged from $235 (Mississippi) to $855
(Massachusetts). (Massachusetts). InAdditionally, in states that provide dependents’ states that provide dependents’ ~~al owances~~allowances, the maximum benefit was $1,282 , the maximum benefit was $1,282
(Massachusetts, requiring (Massachusetts, requiring 1718 dependents for the maximum payment). dependents for the maximum payment).1615 The 12-month average, The 12-month average,
national weekly benefit amount was $national weekly benefit amount was $~~319~~350 as of as of ~~January~~December 2021. 2021.1716
Benefit Duration
Until Until 2011, 2011, al all state UC programs offered at least 26 weeks as the maximum duration available in 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.their own higher UC benefit durations via their state UC laws.1817 (Two states provide more than 26 (Two states provide more than 26
weeks of UC benefits: Montana provides up to 28 weeks of UC benefits: Montana provides up to 28 ~~weeks19~~weeks18 and Massachusetts provides up to 30 and Massachusetts provides up to 30
weeks, depending on local economic conditions.weeks, depending on local economic conditions.~~20) Currently, there are 10~~19) Ten states states ~~with~~have decreased decreased
their maximum UC durations,maximum UC durations,2120 but but 3three of these states of these states ~~have~~(Georgia, Kansas, and North Carolina) temporarily restored their UC maximum temporarily restored their UC maximum
durations to 26 weeks in response to the COVID-19 pandemicdurations to 26 weeks in response to the COVID-19 pandemic:
~~ Alabama: 14 weeks22 (14-20 weeks, variable duration based on state~~
~~unemployment conditions);~~

15 (two of these states—Georgia and Kansas—continue to have up to 26 weeks of UC available): 14 For information on earnings disregards For information on earnings disregards and partial unemployment, see and partial unemployment, see ~~T able~~Table 3.8 in DOL, 3.8 in DOL, ~~2020~~2021 Comparison of State
~~Unem ploym ent~~Unemployment Insurance Laws, available at https://oui.doleta.gov/unemploy/pdf/uilawcompar/, available at https://oui.doleta.gov/unemploy/pdf/uilawcompar/~~2020/monetary.pdf.~~
~~16 See~~ 2021/monetary.pdf#page=19. 15 See DOL, DOL, Significant Provisions of State Unemployment Insurance Laws, Effective ~~January~~July 2021 , available at , available at
https://oui.doleta.gov/unemploy/content/sigpros/2020-2029/https://oui.doleta.gov/unemploy/content/sigpros/2020-2029/~~January2021~~July2021.pdf. Dependents’ allowances are amounts .pdf. Dependents’ allowances are amounts
paid on top of the weekly benefit amount in paid on top of the weekly benefit amount in ~~so me~~some states, using states, using each state’s definition of “each state’s definition of “ dependent.” dependent.”
1716 DOL provides monthly state and national UC program data at https://oui.doleta.gov/unemploy/claimssum.asp. DOL provides monthly state and national UC program data at https://oui.doleta.gov/unemploy/claimssum.asp.
1817 In the early decades In the early decades ~~of t he~~ of the UC program, there was UC program, there was more variation in the maximum duration of UC benefits across 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 weeksstates had chosen to provide up to at least 26 weeks of UC benefits to eligibleof UC benefits to eligible individuals.individuals. Puerto Rico is an exception Puerto Rico is an exception
to this pattern of state convergence on 26 weeks as the maximum UCto this pattern of state convergence on 26 weeks as the maximum UC benefit duration in the 1960s. When it originally 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
weeksweeks in 1961 and then up to 20 weeksin 1961 and then up to 20 weeks for most of the 1970for most of the 1970 -1990 period). Puerto Rico did not provide up to 26 weeks -1990 period). Puerto Rico did not provide up to 26 weeks
of UCof UC benefits until 1991. For more information on state UC benefit duration, including changes over time, see DOL’s benefits until 1991. For more information on state UC benefit duration, including changes over time, see DOL’s
report series on “report series on “ Significant Provisions of State UI Laws,”Significant Provisions of State UI Laws,” available at https://oui.doleta.gov/unemploy/available at https://oui.doleta.gov/unemploy/
statelaws.asp#RecentSigProLaws. statelaws.asp#RecentSigProLaws.
19 18 When EB benefits are available in Montana, the total duration of UC and EB is capped at either 39 weeks (26 + 13) When EB benefits are available in Montana, the total duration of UC and EB is capped at either 39 weeks (26 + 13)
or 46 weeksor 46 weeks (26 + 20). (26 + 20).
2019 When EB benefits are available in Massachusetts, the maximum duration of UC benefits is capped at 26 weeks. When EB benefits are available in Massachusetts, the maximum duration of UC benefits is capped at 26 weeks.
2120 See See DOL, “Maximum Potential Weeks of UI Benefits for NewDOL, “Maximum Potential Weeks of UI Benefits for New Claimants,” available at https://oui.doleta.gov/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/~~
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  Alabama: 14 weeks21 (14-20 weeks, variable duration based on state unemployment conditions);  Arkansas: 16 weeks; Arkansas: 16 weeks;
 Florida: 19  Florida: 19 ~~weeks23~~weeks22 (12-23 weeks, variable duration based on state (12-23 weeks, variable duration based on state
unemployment conditions); unemployment conditions);
 Georgia: temporarily restored to 26 weeks due to the  Georgia: temporarily restored to 26 weeks due to the ~~pandemic24~~pandemic23 (14-20 weeks, (14-20 weeks,
variable duration based on state unemployment conditions); variable duration based on state unemployment conditions);
 Idaho:  Idaho: ~~22 weeks25~~20 weeks24 (20-26 weeks, variable duration based on state unemployment (20-26 weeks, variable duration based on state unemployment
conditions); conditions);
 Kansas: temporarily restored to 26 weeks due to the  Kansas: temporarily restored to 26 weeks due to the ~~pandemic26~~pandemic25 (16-26 weeks, (16-26 weeks,
variable duration based on state unemployment conditions); variable duration based on state unemployment conditions);
 Michigan: 20 weeks;  Michigan: 20 weeks;2726
 Missouri: 20 weeks;  Missouri: 20 weeks;
 North Carolina:  North Carolina: ~~16 weeks28~~12 weeks27 (12-20 weeks, variable duration based on state (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).and by state payroll taxes under the State Unemployment Tax Acts (SUTA).2928 The 0.6% effective 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~~
~~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~~
~~more UC benefits paid to its former employees, the higher the tax rate of the employer—up to a~~
~~maximum established by state law.~~

21 Alabama also provides a five-week “training extension” for certain UC claimants; see https://labor.alabama.gov/newsfeed/news_covid19/UC%20program%20flowchart%20graphic.pdf. newsfeed/news_covid19/UC%20program%20flowchart%20graphic.pdf.
23 22 Beginning January 1, Beginning January 1, ~~2021~~2022, for new UC, for new UC claims filed, the maximum duration isclaims 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~~ 12 weeks. See . See
https://floridajobs.org/news-center/DEO-Press/https://floridajobs.org/news-center/DEO-Press/~~2021/01/06~~2022/01/03/florida-department-of-economic-opportunity-provides-/florida-department-of-economic-opportunity-provides-
weekly-reemploymentweekly-reemployment ~~-assistance-update—january-5.~~
~~24 See~~ -assistance-updates—december-28. 23 See https://dol.georgia.gov/blog-post/2020-03-26/emergency-rules-adopted-03-26-20. https://dol.georgia.gov/blog-post/2020-03-26/emergency-rules-adopted-03-26-20.
25As of June 27, 2021, up to 26 weeks of UC benefits are still available in Georgia; see https://dol.georgia.gov/gdol-covid-19-information. 24 Current information on Idaho is from an email to CRS Current information on Idaho is from an email to CRS from the Idaho Department of Labor, from the Idaho Department of Labor, ~~November 9, 2020.~~
~~26 See~~ January 31, 2022. 25 See https://www.dol.ks.gov/docs/default-source/home-page-news/2020/unemployment-insurance-benefits-https://www.dol.ks.gov/docs/default-source/home-page-news/2020/unemployment-insurance-benefits-
expansion-to-26-weeks.pdf?Status=expansion-to-26-weeks.pdf?Status=~~T emp~~Temp&sfvrsn=6c76881f_2. As of December 2, 2021, up to 26 weeks of UC benefits are still available in Kansas; see https://www.dol.ks.gov/ui-programs. 26~~&sfvrsn=6c76881f_2.~~
27 Michigan had temporarily restored its state UC duration back up to 26 weeks due Michigan had temporarily restored its state UC duration back up to 26 weeks due to the pandemic until to the pandemic until ~~the end of~~
~~calendar year 2020. See~~March 2021. For initial authority to restore up to 26 weeks of UC benefits through calendar year 2020, see Michigan Department of Labor and Economic Opportunity, “ Michigan Department of Labor and Economic Opportunity, “ Governor Whitmer Signs Governor Whitmer Signs
Bipartisan BillsBipartisan Bills Extending Unemployment Benefits to 26 Weeks, Calls on the RepublicanExtending Unemployment Benefits to 26 Weeks, Calls on the Republican Legislature to Make Legislature to Make ~~T hem~~
~~Permanent~~ Them Permanent,” press release, October 20, 2020, https://www.michigan.gov/leo/0,5863,7-336-,” press release, October 20, 2020, https://www.michigan.gov/leo/0,5863,7-336-
~~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~~
~~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.~~
~~29 For information on FUT A, see CRS~~ 94422_97241_98585_99416_98657-542855—,00.html. For extension of authority to restore up to 26 weeks of UC benefits through March 2021, see Michigan Department of Labor and Economic Opportunity, “Governor Whitmer Signs $106 Million Bipartisan Relief Bill, Bills Extending Unemployment Benefits to 26 Weeks,” press release, December 29, 2020, https://www.michigan.gov/whitmer/0,9309,7-387-90499_90640-548444—,00.html. 27 Currently in North Carolina, for new UC claims filed, the maximum duration is 12 weeks; see https://des.nc.gov/apply-unemployment/unemployment-benefit-basics. 28 For information on FUTA, see CRS Report R44527, Report R44527, Unemployment Compensation: The Fundamentals of the
Federal ~~Unem ploym ent~~Unemployment Tax (FUTA). .
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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 of an employer be based on the amount of UC benefits paid to former employees. Generally, the more UC benefits paid to its former employees, the higher the tax rate of the employer—up to a maximum established by state law. 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.benefits. ~~As of August 22, 2021, eight jurisdictions were in a regular EB period where up to 13~~
~~weeks of EB payments are available.30 Additional y, two states were triggered on a high~~
~~unemployment period (HUP) where up to 20 weeks of EB payments are available.31~~
29 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.certain thresholds.3230 Under federal EB law, all states must pay up to 13 weeks of EB if the IUR Under federal EB law, all 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. week period in each of the two previous years. ~~Additional y~~Additionally, states may choose to enact up to two , 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 the previous two years (this is designated as a ~~HUP for EB).~~

~~30 Alaska, California, District of Columbia, Illinois, Nevada, New Jersey, New York, and T exas.~~high unemployment period [HUP] for EB). 29 For the current EB For the current EB
trigger notice, select “Extended Benefits trigger notice, select “Extended Benefits ~~T rigger~~Trigger Notice” at https://oui.doleta.gov/unemploy/ Notice” at https://oui.doleta.gov/unemploy/~~claims_arch.asp.~~
~~31 Connecticut and New Mexico. For the current EB trigger notice, select “Extended Benefits T rigger Notice” at~~
~~https://oui.doleta.gov/unemploy/claims_arch.asp.~~
~~32 T he~~claims_arch.asp. 30 The total unemployment rate ( total unemployment rate (~~T UR~~TUR) is the three-month average of the ratio of unemployed workers to all workers ) is the three-month average of the ratio of unemployed workers to all workers
(employed and unemployed) in the labor market. (employed and unemployed) in the labor market. ~~T he T UR~~The TUR is essentially a three is essentially a three -month average version of the -month average version of the
unemployment rate published by the Bureau of Labor Statistics (BLS)unemployment rate published by the Bureau of Labor Statistics (BLS) and basedand based on data from the BLS’son data from the BLS’s monthly monthly
Current Population Survey (CPS).Current Population Survey (CPS). ~~T he~~ The insured unemployment rate (IUR) is the ratio of UC claimants divided insured unemployment rate (IUR) is the ratio of UC claimants divided by by
individualsindividuals in UC-covered jobs.in UC-covered jobs. ~~T he~~ The IUR uses IUR uses a different base of workers in its calculations than the a different base of workers in its calculations than the ~~T UR. T he~~TUR. The IUR IUR
excludesexcludes several groups usedseveral groups used ~~in T UR~~ in TUR calculations: self-employed workers, unpaid calculations: self-employed workers, unpaid family workers, workers in certain family workers, workers in 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 whoseunemployed workers whose ~~last jobs were~~ last jobs were in the excludedin the excluded employment category, the IUR excludesemployment category, the IUR excludes the following: those 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; disqualifiedforce; disqualified workers whoseworkers whose unemployment is considered to have resulted from their own actions rather than from unemployment is considered to have resulted from their own actions rather than from
economic conditions; and eligibleeconomic conditions; and eligible unemployed persons who do not file for benefits. As a result,unemployed persons who do not file for benefits. As a result, a state’s IUR isa state’s IUR is often often
calculated to be much lowercalculated to be much lower than its than its ~~T UR~~TUR. .
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When a state triggers off of an EB period, When a state triggers off of an EB period, al all EB benefit payments in the state cease immediately, EB benefit payments in the state cease immediately,
regardless of individual entitlement.regardless of individual entitlement.3331 That is, EB benefits are not phased out (grandfathered) That is, EB benefits are not phased out (grandfathered)
when a state triggers off the program.when a state triggers off the program.3432
Eligibility and Benefit Amount
The EB benefit amount is equal to the eligible The EB benefit amount is equal to the eligible individual’s weekly regular UC benefit. The EB individual’s weekly regular UC benefit. The EB
program imposes federal restrictions on individual eligibilityprogram imposes federal restrictions on individual eligibility for EB beyond the state 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.” work, which is defined as “any work within such individual’s capabilities.”3533 In 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
(expired) 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 amended, temporarily ~~provides 100% federal y~~provided 100% federally financed EB (with the exception of state and local financed EB (with the exception of state and local
employees) for states that employees) for states that ~~receive~~received both halves of the emergency administrative grants authorized both halves of the emergency administrative grants authorized
under FFCRAunder FFCRA~~.36~~ beginning with enactment of this law (March 18, 2020) through December 31, 2020.34 The UI provisions in Division N, Title II, Subtitle A of the Consolidated 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

33EB 31 EB benefits on interstate claims are limited to two extra weeks unless 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 employmentworker’s state of previous employment are in an EB period. are in an EB period.
~~34 T he~~32 The Continued Assistance Act Continued Assistance Act (P.L. 116-260) provided a temporary option for states that have triggered off an EB (P.L. 116-260) provided a temporary option for states that have triggered off an EB
period to disregardperiod to disregard the mandatory 13-week off period for weeks between November 1, 2020the mandatory 13-week off period for weeks between November 1, 2020 , and December 31, 2021, , and December 31, 2021,
if state law if state law ~~allows.~~
~~35 State UC~~ allowed such actions. 33 State UC programs have their own definitions related to work search and refusal of suitable work. Seeprograms have their own definitions related to work search and refusal of suitable work. See ~~T ables 5.16~~ Tables 5.14
and 5.and 5.1816 in DOL, Employment and in DOL, Employment and ~~T raining~~Training Administration (ETA), Administration (ETA), ~~2020 Com parison of State Unem ployment~~2021 Comparison of State Unemployment
Insurance Laws, available, available at https://oui.doleta.gov/unemploy/pdf/uilawcompar/at https://oui.doleta.gov/unemploy/pdf/uilawcompar/~~2020~~2021/nonmonetary.pdf. /nonmonetary.pdf.
36 34 Section 4102(a) of FFCRA Section 4102(a) of FFCRA provided up to a total of $1 billion in “emergency administrative grants” to states in provided up to a total of $1 billion in “emergency administrative grants” to states in
calendar year 2020. Half of each state’s share wascalendar year 2020. Half of each state’s share was available if the state met certain requirements related to UC available if the state met certain requirements related to UC
eligibilityeligibility notifications and claims access. notifications and claims access. ~~T he~~The second half of each state’s share was second half of each state’s share was available if a state qualifiedavailable if a state qualified for the for the
first half and experienced at least a 10% increase in UCfirst half and experienced at least a 10% increase in UC claims over the previous calendar year and met certain other claims over the previous calendar year and met certain other
requirements related to easing UCrequirements related to easing UC eligibility requirements for individualseligibility requirements for individuals affected byaffected by COVID-19.COVID-19. Additionally, there Additionally, there
werewere reporting requirements to DOL and committees of jurisdiction within one year for states that reporting requirements to DOL and committees of jurisdiction within one year for states that ~~receive~~received these grants. these grants.
DOL publishedDOL published the state shares of these emergency administrative grants in UIPL No. 13the state shares of these emergency administrative grants in UIPL No. 13 -20, “-20, “ Families First Families First
Coronavirus Response Act, Division D Emergency Unemployment Insurance Stabilization and AccessCoronavirus Response Act, Division D Emergency Unemployment Insurance Stabilization and Access Act of 2020,” 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 requestedIC3MOmarch.pdf). All states requested their full allotment of these FFCRA grants by September 30, 2020. their full allotment of these FFCRA grants by September 30, 2020.
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EB through March 13, 2021.through March 13, 2021.3735 The UI provisions in the American Rescue Plan Act of 2021 The UI provisions in the American Rescue Plan Act of 2021
(ARPA; P.L. 117-2) further (ARPA; P.L. 117-2) further ~~extend~~extended this authority through September 4, 2021 this authority through September 4, 2021~~.38~~ when it expired.36
Temporary Adoption of Optional EB Triggers Based Upon Expired 100% Federal
Financing for EB
Some states Some states ~~have~~ reacted to this temporary 100% federal financing by enacting temporary EB reacted to this temporary 100% federal financing by enacting temporary EB
trigger options that trigger options that ~~remain~~remained in place for the duration of the increased federal cost share. According in place for the duration of the increased federal cost share. According
to DOL, 13 states to DOL, 13 states ~~have~~ adopted the more responsive TUR trigger, but authorized a sunset for their adopted the more responsive TUR trigger, but authorized a sunset for their
TUR triggers related to availabilityTUR triggers related to availability of the 100% federal funding of EB.of the 100% federal funding of EB.3937
Temporary COVID-19 Pandemic UI Programs
(Expired) The COVID-19 pandemic The COVID-19 pandemic ~~dramatical y~~dramatically disrupted the economy, as many businesses reduced disrupted the economy, as many businesses reduced
operations and consumer demand shifted away from in-person commerce. The sharp operations and consumer demand shifted away from in-person commerce. The sharp ~~fal~~ fall in in
economic activity translated into massive and widespread employment loss. Recessions economic activity translated into massive and widespread employment loss. Recessions ~~general y~~generally
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 pandemic ~~have~~ further limited jobseekers’ options for employment.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 temporarycreated several new temporary, now-expired UI benefits for unemployed workers through the CARES Act (P.L. UI benefits for unemployed workers through the CARES Act (P.L.
116-136). These temporary CARES Act UI programs (1) augmented 116-136). These temporary CARES Act UI programs (1) augmented al all UI benefits, (2) created 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. subsequently extended the authorization of these programs. SeeSee Table 2 for the for the ~~current~~ final expiration expiration
~~dates of~~ dates of the federal authorization of the temporary UI programs under the Continued Assistance Acttemporary UI programs under the Continued Assistance Act.. Figure 1 displays the flow displays the flow
~~of al UI benefits available~~ of all UI benefits that were available under permanent law and the temporary UI benefits under permanent law and the temporary UI benefits ~~under~~as authorized by the the
Continued Assistance ActContinued Assistance Act, which are now expired. The statutory authority for the temporary UI benefits . The statutory authority for the temporary UI benefits ~~specifies~~specified that that
they they ~~are~~were payable through voluntary agreements between DOL and each state that payable through voluntary agreements between DOL and each state that ~~chooses~~chose to to
provide them. Whileprovide them. While ~~almost al states initial y~~ almost all states initially signed agreements to pay signed agreements to pay al all of these benefits, of these benefits,
~~recently~~ 26 states announced terminations to their agreements to pay COVID-19 UI benefits prior 26 states announced terminations to their agreements to pay COVID-19 UI benefits prior
to program expiration. to program expiration. ~~Since then~~Of those states, DOL reported that in Indiana and Maryland state courts , DOL reported that in Indiana and Maryland state courts ~~have~~
issued temporary orders prohibiting early termination from some or issued temporary orders prohibiting early termination from some or al all of the COVID-19 UI of the COVID-19 UI
programs. (Additional legal programs. (Additional legal ~~chal enges have been~~challenges were reported in other states but reported in other states but ~~at this time do not~~
do not appear to have reestablished participation.)appear to have reestablished participation.).

~~37 T hrough~~ 35 Through March 14, 2021, in New York. For the purposes of UI programs and benefits, New March 14, 2021, in New York. For the purposes of UI programs and benefits, New York definesYork defines week as as
Monday to Sunday;Monday to Sunday; every other state defines every other state defines week as Sunday as Sunday to Saturday. to Saturday. ~~T herefore~~Therefore, the benefit expiration date in New , 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~~ 36 Through September 5, 2021, in New York. September 5, 2021, in New York.
3937 According to DOL, these states According to DOL, these states ~~are~~were California, Colorado, Delaware, California, Colorado, Delaware, the District of Columbia, Georgia,the District of Columbia, Georgia, Illinois, Illinois,
Kentucky, Massachusetts, Michigan, Nevada, NewKentucky, Massachusetts, Michigan, Nevada, New York, Ohio, and York, Ohio, and ~~T exas~~Texas. Some states . Some states ~~have~~ cited the specific federal cited the specific federal
~~law~~ law in their sunset date, whilein their sunset date, while other states other states ~~have~~ used a specific date that aligns with an upcoming expiration of the used a specific date that aligns with an upcoming expiration of the
100% federal financing of EB. 100% federal financing of EB. ~~T exas~~Texas’s EB ’s EB ~~T UR~~TUR trigger statute requires that trigger statute requires that if 100% federal financing of EB is if 100% federal financing of EB is
available, then available, then ~~T exas~~ Texas must promulgate a regulation to use it (basedmust promulgate a regulation to use it (based on DOL/on DOL/~~ET A~~ETA email communication with authors, email communication with authors,
January 16, 2021). January 16, 2021).
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link to page 21 link to page 21 ~~Current~~ Unemployment Insurance (UI) Benefits During Covid-19 Recession

UI Benefit Augmentation: Federal Pandemic Unemployment
Compensation (FPUC; ~~Currently~~ $300 a ~~Week~~week prior to expiration)
Section 2104 of the CARES Act Section 2104 of the CARES Act ~~original y~~ originally created a temporary, additional, created a temporary, additional, ~~federal y~~federally financed 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 Readjustment ~~Al owance~~Allowance (TRA), and Self Employment Assistance (SEA). (TRA), and Self Employment Assistance (SEA).4038 When the $600 When the $600
weekly FPUC benefit was availableweekly FPUC benefit was available~~, an eligible~~ for weeks of unemployment beginning on March 29, 2020,39 an eligible UI claimant would have received both the UI UI claimant would have received both the UI
benefit plus the $600 each week. One $600 FPUC benefit was payable to an eligiblebenefit plus the $600 each week. One $600 FPUC benefit was payable to an eligible UI claimant 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, 2020.40
The Continued Assistance Act reauthorized The Continued Assistance Act reauthorized (and reestablishedand reestablished) the temporary FPUC benefit at a 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, 2021.41 ARPA and ending on or before March 14, 2021.41 ARPA ~~extends~~extended the Continued Assistance Act’s 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. September 6, 2021. ~~After September 4, 2021, no FPUC benefits are payable~~No FPUC benefits were payable for weeks of unemployment that began after September 4, 2021.42 .42
While the $300 weekly FPUC benefit While the $300 weekly FPUC benefit iswas available, available, an eligiblean eligible UI claimant would UI claimant would ~~receive~~ have received both the both the
UI benefit plus the $300 each week. One $300 FPUC benefit UI benefit plus the $300 each week. One $300 FPUC benefit iswas payable to an eligible payable to an eligible UI claimant UI claimant
for any given week. FPUC income for any given week. FPUC income iswas required to be disregarded for the purposes of Medicaid and 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~~were prohibited from reducing the UC benefit amount or duration. prohibited from reducing the UC benefit amount or duration.
For an explanation of the previously authorized $600-a-week version of FPUC as For an explanation of the previously authorized $600-a-week version of FPUC as ~~wel~~ well as the as the
now-concluded $300 Lost Wages Assistance (LWA) program authorized by a now-concluded $300 Lost Wages Assistance (LWA) program authorized by a ~~Presidential~~
presidential memorandum, see tmemorandum, see the Appendix.
Additional Weeks of UI: Pandemic Emergency Unemployment
Compensation (PEUC; ~~Currently 49 Weeks)~~
~~PEUC provides~~up to a total of 49 weeks prior to expiration) PEUC provided additional weeks of additional weeks of ~~federal y~~federally financed UI benefits for individuals who financed UI benefits for individuals who ~~exhaust~~exhausted
state and federal UI benefits and state and federal UI benefits and ~~are~~were able to work, available for work, and actively seeking work, able to work, available for work, and actively seeking work,
subject to COVID-19-related flexibilities.subject to COVID-19-related flexibilities. PEUC was PEUC was ~~original y~~originally created as a 13-week UI created as a 13-week UI
extension under the CARES Act 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~~
~~authorization for PEUC through~~for weeks of unemployment weeks of unemployment ~~ending on or before March 13, 2021.43~~

~~40 For information on T RA, see CRS~~ beginning on March 29, 2020,43 and 38 For information on TRA, see CRS Report R44153, Report R44153, Trade Adjustment Assistance for Workers and the TAA
Reauthorization Act of 2015. For information on SEA, see CRS. For information on SEA, see CRS Report R41253, Report R41253, The Self-~~Em ploym ent~~Employment Assistance
(SEA) Program . 39 March 30, 2020, in New York. 40 July 26, 2020, in New York. .
41 For DOL guidance41 For DOL guidance on the FPUC extension in the Continued Assistance Act, see DOL, on the FPUC extension in the Continued Assistance Act, see DOL, ~~ET A~~ETA, “Continued Assistance , “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(FPUC) Program Reauthorization and Modification and Mixed Earners Unemployment Compensation (MEUC) Earners Unemployment Compensation (MEUC)
Program Operating, Reporting, and Financial Instructions,” UIPL No. 15Program Operating, Reporting, and Financial Instructions,” UIPL No. 15 -20, Change 3, January 5, 2021, -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.
42 September 5, 2021, in New 42 September 5, 2021, in New York. York.
43 March 43 March ~~14, 2021~~30, 2020, in New, in New York. York.
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~~Current~~ Unemployment Insurance (UI) Benefits During Covid-19 Recession

payable through weeks of unemployment ending on December 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, 2021.44 In addition, for weeks of unemployment beginning In addition, for weeks of unemployment beginning after December 26, 2020,December 26, 2020,4445 the Continued the Continued
Assistance Act authorized 11 additional weeks of PEUC benefits (not Assistance Act authorized 11 additional weeks of PEUC benefits (not ~~retroactive45~~retroactive46)—for a total of )—for a total of
24 weeks of PEUC.24 weeks of PEUC.46
47 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 eligibilityexhaust any remaining EB eligibility prior to being eligibleprior to being eligible to receive the additionalto receive the additional weeks of weeks of
PEUC authorized under the act.PEUC authorized under the act.4748
ARPA ARPA ~~authorizes~~authorized 29 additional 29 additional weeks of PEUC benefits payable with respect to weeks of weeks of PEUC benefits payable with respect to weeks of
unemployment beginning March 14, 2021 (not retroactive), and unemployment beginning March 14, 2021 (not retroactive), and ~~extends~~extended the authorization for 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 expiration date effectively ~~limits~~limited PEUC benefits to no more than an additional PEUC benefits to no more than an additional 25 weeks 25 weeks ~~and~~for a a
cumulative total of 49 weeks. There cumulative total of 49 weeks. There iswas no phase-out period authorized under ARPA. Thus, no no phase-out period authorized under ARPA. Thus, no
PEUC benefits PEUC benefits ~~are payable~~were payable for weeks of unemployment that began after September 4, 2021. after September 4, 2021.48
49 ARPA also maintained the same requirement that individuals ARPA also maintained the same requirement that individuals receiving EB must exhaust any receiving EB must exhaust any
remaining EB eligibilityremaining EB eligibility prior to being eligibleprior to being eligible to receive the additional weeks of PEUC to receive the additional weeks of PEUC
authorized under ARPA.authorized under ARPA.4950
Expanded UI Coverage: Pandemic Unemployment Assistance
(PUA~~, Currently 75 Weeks)~~
~~PUA is~~; up to a total of 75 weeks prior to expiration) PUA was a temporary federal UI program for individuals who are (1) not otherwise eligible for UI 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~~partially unemployed, or unable to work due to a specific COVID-19-related reason; and (3) not 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 39 weeks of benefits for weeks of unemployment beginning on February 2, 2020,51 and ending December 26, 2020.ending December 26, 2020.5052 The Continued The Continued
Assistance Act extended the Assistance Act extended the ~~authorization for PUA through weeks of unemployment ending on or~~
~~before March 13, 2021.51 In addition, for weeks of unemployment beginning December 26,~~

44 44 March 14, 2021, in New York. 45 December 27, 2020, in New York. December 27, 2020, in New York.
4546 Not retroactive refers here, and refers here, and throughout this report, to the fact that these additional weeks werethroughout this report, to the fact that these additional weeks were payable for weeks payable for weeks
of unemployment only prospectively, or after enactment. of unemployment only prospectively, or after enactment. ~~T he~~The additional weeks of benefits were not payable for weeks 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.
~~46 T he~~47 The Continued Assistance Act also created a phase-out period for PEUC (since removed by ARPA). In the now- Continued Assistance Act also created a phase-out period for PEUC (since removed by ARPA). In the now-
removed phase-out period, individualsremoved phase-out period, individuals who werewho were receiving PEUC at the expiration of the program, had not exhausted receiving PEUC at the expiration of the program, had not exhausted
available weeksavailable weeks of PEUC, and remained otherwise eligibleof PEUC, and remained otherwise eligible , were eligiblewere eligible for PEUC benefits under the Continued for PEUC benefits under the Continued
Assistance Act until April 10, 2021. Assistance Act until April 10, 2021.
47 48 For DOL guidance For DOL guidance on the PEUC extension in the Continued Assistance Act, see DOL, on the PEUC extension in the Continued Assistance Act, see DOL, ~~ET A~~ETA, “Continued Assistance , “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, Extension, ~~T ransition~~Transition Rule, Increase in Rule, Increase in ~~T otal~~Total Benefits, and Coordination Rules,” Benefits, and Coordination Rules,” UIPL No. 17UIPL No. 17 -20, Change 2, December -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.
4849 September 5, 2021 September 5, 2021, in New York. 50.
49 For DOL guidance For DOL guidance on the UI provisions in ARPA, includingon the UI provisions in ARPA, including the PEUC extensions, see DOL, the PEUC extensions, see DOL, ~~ET A~~ETA, “American , “American
RescueRescue Plan Act of 2021 (ARPA)—Key Unemployment Insurance (UI) Provisions,” UIPL No. 14-21, March 15, 2021, 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.
~~50 December 27~~51 February 3, 2020, in New York. , 2020, in New York.
~~51 March 14, 2021, in New~~ 52 December 27, 2020, in New York. York.
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~~Current~~ Unemployment Insurance (UI) Benefits During Covid-19 Recession

authorization for PUA through weeks of unemployment ending on or before March 13, 2021.53 In addition, for weeks of unemployment beginning December 26, 2020,54~~2020,52~~ 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.53
~~General y~~55 Generally, the PUA, the PUA benefit amount benefit amount iswas based upon the same general formula as the state’s weekly based upon the same general formula as the state’s weekly
benefit amount; however, it benefit amount; however, it iswas based on recent earned income (rather than solely UI-covered 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),54
56 which is half of the state’s average weekly UC benefit amount. In territories without which is half of the state’s average weekly UC benefit amount. In territories without UC UC
programs, the PUA benefit programs, the PUA benefit iswas determined by determined by applying DUA regulations.DUA regulations.57
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, filed after December 27, 2020, ~~may~~could not be backdated earlier than December 1, 2020. not be backdated earlier than December 1, 2020.5558
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).).5659
ARPA ARPA ~~authorizes~~authorized 29 additional 29 additional weeks of PUA benefits payable with respect to weeks of weeks of PUA benefits payable with respect to weeks of
unemployment beginning March 14, 2021 (not retroactive), and unemployment beginning March 14, 2021 (not retroactive), and ~~extends~~extended the authorization for 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 expiration date effectively ~~limits~~limited PUA benefits to no more than an additional 25 weeks PUA benefits to no more than an additional 25 weeks ~~and a~~
~~cumulative total of 75 weeks.57 There is no phase-out period authorized under ARPA. Thus, no~~
~~PUA benefits are payable after September 4, 2021.58~~

52for a 53 March 14, 2021, in New York. 54 December 27, 2020, in New York. December 27, 2020, in New York.
~~53 T he~~55 The Continued Assistance Act created a phase-out period for PUA ( Continued Assistance Act created a phase-out period for PUA (~~since~~subsequently removed by ARPA). In the now-removed removed by ARPA). In the now-removed
phaseout, individualsphaseout, individuals ~~who~~ who were receiving PUA at the end of that program expiration, had not exhausted available were receiving PUA at the end of that program expiration, had not exhausted available
~~weeks~~ weeks of PUA, and remained otherwise eligibleof PUA, and remained otherwise eligible ~~were eligible~~ , were eligible for PUA benefits until April 10, 2021.for PUA benefits until April 10, 2021.
54 56 For information on DUA, see CRS For information on DUA, see CRS Report RS22022, Report RS22022, Disaster Unemployment Assistance (DUA). .
~~55 T he Continued Assistance Act included~~ 57 20 C.F.R. Section 625.2(r)(1)(ii) defines the applicable state law to be the Hawaii Employment Security Law for Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 58 The Continued Assistance Act included a hold harmless provision such that states may a hold harmless provision such that states may ~~continue~~have continued to pay PUA benefits to pay PUA benefits
for up to four weeksfor up to four weeks of unemployment for individuals who hadof unemployment for individuals who had previously exhausted PEUC and previously exhausted PEUC and ~~are~~ were receiving PUAreceiving PUA, but but
~~are~~were eligible eligible for the additional weeksfor the additional weeks of PEUC created underof PEUC created under ~~this act. After four weeks, states must move claimants~~
~~eligible for additional weeks of PEUC back to PUA. According to DOL guidance, “~~ this act. Some PUA claimants were eligible for additional weeks of PEUC due to the additional weeks of PEUC provided by the CAA. States had up to four weeks to process those claims and begin to pay out PEUC to those claimants rather than continue on PUA. According to DOL guidance, “recognizing the unique recognizing the unique
circumstances states face and the number and complexity of UI programmatic changes that states must swiftly circumstances states face and the number and complexity of UI programmatic changes that states must swiftly
implement, should a state determine that it will not be ableimplement, should a state determine that it will not be able to transition individuals from PUA backto transition individuals from PUA back to PEUC in that to PEUC in that
timeframe, the state must contact the appropriate ETA Regional Office to determine the earliest date that the state will timeframe, the state must contact the appropriate ETA Regional Office to determine the earliest date that the state will
be ablebe able to implement this transition,” UIPL No. 9-21, p. 8. to implement this transition,” UIPL No. 9-21, p. 8.
5659 For DOL guidance For DOL guidance on the PUA extension and additional PUA measures in the Continued Assistance Act, see DOL, on the PUA extension and additional PUA measures in the Continued Assistance Act, see DOL,
~~ET A~~ETA, “Continued Assistance to Unemployed Workers Act of 2020, “Continued Assistance to Unemployed Workers Act of 2020 —Pandemic Unemployment Assistance (PUA) —Pandemic Unemployment Assistance (PUA)
Program: Updated Operating Instructions and Reporting Changes,” UIPL No. 16Program: Updated Operating Instructions and Reporting Changes,” UIPL No. 16 -20, Change 5, January 8, 2021, -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.
~~57 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~~
~~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~~
~~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~~
~~additional amounts of PEUC and move an individual from their PUA claim back to PEUC.” UIPL No. 14-21, p. 7.~~
~~58 September 5, 2021.~~
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~~Current Unemployment Insurance (UI) Benefits During Covid-19 Recession~~

~~UC and EB Offset PUA~~
~~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~~ Congressional Research Service 11 Unemployment Insurance (UI) Benefits During Covid-19 Recession cumulative total of 75 weeks.60 There was no phase-out period authorized under ARPA. Thus, no PUA benefits were payable for weeks of unemployment that began after September 4, 2021.61 UC and EB Offset PUA If an individual had exhausted all available entitlement to UC, PEUC, and EB, he or she may have been eligible to collect PUA if the underlying cause of unemployment was attributable to a PUA-covered 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 PUA iswas reduced by the weeks of UC and EB received. (PEUC reduced by the weeks of UC and EB received. (PEUC ~~does~~did not reduce the number of not reduce the number of
PUA weeks available.) PUA weeks available.)
Additional UI Augmentation: Mixed Earner Unemployment
Compensation (MEUC; $100 a week prior to expiration)
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 states that ~~elect~~elected to participate in MEUC) in addition to the $300-a-week FPUC benefit. to participate in MEUC) in addition to the $300-a-week FPUC benefit.~~59 MEUC~~
~~addresses~~62 MEUC addressed an issue raised by potential differences in benefits calculated under regular state UI an issue raised by potential differences in benefits calculated under regular state UI
programs and those calculated under PUA. programs and those calculated under PUA. ~~Specifical y~~Specifically, the PUA benefit was created with a , the PUA benefit was created with a
higher minimum benefit than each state’s UI minimum benefit (the minimum PUA benefit higher minimum benefit than each state’s UI minimum benefit (the minimum PUA benefit iswas 50% 50%
of the average state UI benefit amount). Because PUA of the average state UI benefit amount). Because PUA iswas not available not available to anyone who to anyone who ~~qualifies~~qualified for for
state UI (or any other federal UI benefit), there state UI (or any other federal UI benefit), there ~~may be~~was a concern related to perceived equity for 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 eligiblealso eligible for regular state UI benefits. MEUC for regular state UI benefits. MEUC ~~addresses~~addressed this issue by increasing the amount of this issue by increasing the amount of
state UI benefits for individuals in this situation.state UI benefits for individuals in this situation.
MEUC MEUC ~~provides~~provided $100 weekly for individuals who received at least $5,000 in self-employment $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 who ~~receive~~received a UI benefit other than PUA. a UI benefit other than PUA. Under the Continued Assistance Act, MEUC was~~MEUC is~~ payable only in states that payable only in states that ~~opt~~
opted 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, 2021.60
~~ARPA extends the MEUC authority at $100 per week in participating states until September 4,~~
~~2021.61~~
~~State Termination of Temporary COVID-19 Pandemic UI Programs~~
~~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.~~
~~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~~
~~PUA agreements also contained the requirement to provide at least a 30-day notice before~~
~~terminating PUA.62~~

5963 60 ARPA included a hold harmless provision such that states may have continued to pay PUA benefits for up to six weeks of unemployment for individuals who had previously exhausted PEUC and were receiving PUA but were eligible for the additional weeks of PEUC created under this act. After six weeks, states had to move claimants eligible for additional 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 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 back to PEUC.” UIPL No. 14-21, p. 7. 61 September 5, 2021, in New York. 62 Other bills introduced in the 116th Congress (S. 4442, S. 4935, H.R. 925, and H.R. 7691) also included Other bills introduced in the 116th Congress (S. 4442, S. 4935, H.R. 925, and H.R. 7691) also included provisions for provisions for
increasing the regular UI benefits of mixed earners. increasing the regular UI benefits of mixed earners.
60 63 March 14, 2021, in New March 14, 2021, in New York. As of March 5, 2021, according to DOL, all states except South Dakota and IdahoYork. As of March 5, 2021, according to DOL, all states except South Dakota and Idaho
~~have~~ had opted to pay MEUC. Mississippi opted to pay MEUC. Mississippi ~~signed~~ signed an agreement later than other states and an agreement later than other states and ~~will pay out MEUC~~ paid out MEUC for weeks of for weeks of
unemployment beginning on or after January 3, 2021. Forunemployment beginning on or after January 3, 2021. For DOL guidanceDOL guidance on the MEUC authority in the Continued on the MEUC authority in the Continued
Assistance Act, see DOL, Assistance Act, see DOL, ~~ET A~~ETA, “Continued Assistance for Unemployed Workers (Continued Assistance) Act of , “Continued Assistance for Unemployed Workers (Continued Assistance) Act of
2020—Federal Pandemic Unemployment Compensation (FPUC) Program Reauthorization and Modification and 2020—Federal Pandemic Unemployment Compensation (FPUC) Program 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.
~~61 September 5, 2021, in New York.~~
~~62 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 17~~ ~~Current Unemployment Insurance (UI) Benefits During Covid-19 Recession~~

~~Until recently, al states had~~Congressional Research Service 12 link to page 17 Unemployment Insurance (UI) Benefits During Covid-19 Recession ARPA extended the now-expired MEUC authority at $100 per week in participating states until September 4, 2021.64 State Termination of Temporary COVID-19 Pandemic UI Programs The statutory authority for the temporary COVID-19 pandemic UI benefits specified that they were payable through voluntary agreements between DOL and each state that chose to provide them. The law required states to provide at least a 30-day notice to DOL that they planned to terminate their agreements to administer FPUC, PEUC, and MEUC. According to DOL guidance, all signed PUA agreements also contained the requirement to provide at least a 30-day notice before terminating PUA.65 Through June 2021, all states had active, signed agreements to administer FPUC, PEUC, and PUA. Most signed agreements to administer FPUC, PEUC, and PUA. Most
states (excluding Idaho and South Dakota) states (excluding Idaho and South Dakota) ~~had~~ agreed to provide MEUC agreed to provide MEUC bythrough following the required process of amending their amending their
FPUC agreements. As mentioned earlier, 26 states announced terminations of their agreements FPUC agreements. As mentioned earlier, 26 states announced terminations of their agreements
with DOL to pay some or with DOL to pay some or al all of these temporary UI benefits, with effective benefit termination of these temporary UI benefits, with effective benefit termination
dates ranging from June 12, 2021, to July 31, 2021.dates ranging from June 12, 2021, to July 31, 2021.63
66 Some state courts Some state courts ~~have~~ issued temporary orders prohibiting the state from terminating the issued temporary orders prohibiting the state from terminating the
COVID-19 UI agreements. In Indiana, PUA, PEUC and FPUC COVID-19 UI agreements. In Indiana, PUA, PEUC and FPUC ~~continue~~continued to be payable until the expiration of the federal authorization of those programs (September 4, 2021). However, Indiana terminated its MEUC amendment, effectively ending the program on July 19, 2021. Because of its court challenges, Maryland continued to pay ~~to be payable (MEUC is~~
~~terminated, effective July 19, 2021); and in Maryland,~~ PUA, PEUC, FPUC, and MEUC PUA, PEUC, FPUC, and MEUC ~~continue~~
~~to be payable. There have also been~~benefits until September 4, 2021. There also were media reports of additional legal media reports of additional legal ~~chal enges~~challenges in other states in other states
that that ~~have~~ announced terminations of COVID-19 UI agreementsannounced terminations of COVID-19 UI agreements~~.64~~, but those do not appear to have been successful.67 Additional details on these state Additional details on these state
terminations, including the effective dates for benefit terminations, are provided terminations, including the effective dates for benefit terminations, are provided inin Table 1.65
~~Table 1. States Terminating Some or All Temporary COVID-19 UI Benefits~~
~~Reporting from DOL, as of August 4, 2021~~

~~Program State Is Opting to Terminate:~~

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

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

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

X
~~6/26/2021~~
~~Georgia~~
X
X
X
X
~~6/26/2021~~
~~Idaho~~
X
X
X
~~N/A~~
~~6/19/2021~~
~~Indiana~~
~~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~~

~~guidance, all signed~~ 68 64 September 5, 2021, in New York. 65 The CARES Act required that states sign agreements with DOL in order to administer PUA. According to DOL guidance, all signed PUA agreements also contained the requirement to provide at least a 30PUA agreements also contained the requirement to provide at least a 30 -day notice before -day notice before
terminating PUA. See page I-8 of DOL, terminating PUA. See page I-8 of DOL, ~~ET A, “~~ ETA, “Coronavirus Aid, Relief, and Economic Security (CARES)Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020 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.
6366 For additional information on how states may For additional information on how states may ~~terminate~~have terminated their CARES Act agreements, see CRS their CARES Act agreements, see CRS Insight IN11679, Insight IN11679,
States Opting Out of COVID-19 ~~Unem ploym ent~~Unemployment Insurance (UI) ~~Agreem ents~~.
~~64 See CRS~~ Agreements. 67 See CRS Insight IN11679, Insight IN11679, States Opting Out of COVID-19 Unemployment Insurance (UI) Agreements. .
~~64 See,~~ See, for example, Eleanor Mueller and Rebeccafor example, Eleanor Mueller and Rebecca Rainey, “Labor advocates winningRainey, “Labor advocates winning back federal joblessback federal jobless aid in state aid in state
court battles,” court battles,” Politico.com, Augustcom, August 11, 2021; and Lisa Rowan,11, 2021; and Lisa Rowan, “ “Why workers are suingWhy workers are suing states for cutting off expanded states for cutting off expanded
unemployment benefits,” unemployment benefits,” Forbes.com, updated July 14, 2021. , updated July 14, 2021.
~~65 T here are~~68 There were additional CARES additional CARES Act UI provisions subject to temporary, voluntary costAct UI provisions subject to temporary, voluntary cost -sharing agreements between -sharing agreements between
DOL and states that are not discussedDOL and states that are not discussed in this report. (For example, one agreement in this report. (For example, one agreement isincluded a temporary a temporary 75% federal 75% federal ~~cost -~~
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. organizations. ~~T hese~~These employers would employers would otherwise otherwise ~~fund~~ have funded 100% of the benefits paid to their former employees.)100% of the benefits paid to their former employees.) Some Some
states that states that ~~are terminating~~terminated agreements to pay temporary UI benefits agreements to pay temporary UI benefits ~~are also terminating~~also terminated these additional agreements. these additional agreements.
For more information on these additional voluntary agreements, see CRSFor more information on these additional voluntary agreements, see CRS Insight IN11679, Insight IN11679, States Opting Out of
COVID-19 ~~Unem ploym ent~~Unemployment Insurance (UI) ~~Agreem ents~~Agreements. .
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~~link to page 19~~ ~~Current~~ Unemployment Insurance (UI) Benefits During Covid-19 Recession

Table 1. States that Terminated Some or All COVID-19 UI Benefits Prior to Federal Expiration Reporting from DOL Program State Opted

~~Program State Is Opting~~ to Terminate:

Effective
Termination
State
FPUC
PEUC
PUA
MEUC
Date
Alabama X X X X 6/19/2021 Alaska X X 6/19/2021 Arkansas X X X X 6/26/2021 Arizona X X 7/10/2021 Florida X X 6/26/2021 Georgia X X X X 6/26/2021 Idaho X X X N/A 6/19/2021 Indiana 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 Maryland Maryland
Not terminated Not terminated
Not terminated Not terminated
Not terminated Not terminated
Not terminated Not terminated
NA NA
Mississippi Mississippi
X X
X X
X X
X X
6/12/2021 6/12/2021
Missouri Missouri
X X
X X
X X
X X
6/12/2021 6/12/2021
Montana Montana
X X
X X
X X
X X
6/26/2021 6/26/2021
Nebraska Nebraska
X X
X X
X X
X X
6/19/2021 6/19/2021
New Hampshire New Hampshire
X X
X X
X X
X X
6/19/2021 6/19/2021
North Dakota North Dakota
X X
X X
X X
X X
6/19/2021 6/19/2021
Ohio Ohio
X X

X X
6/26/2021 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,U.S. Department of Labor (DOL), Employment and Training Administration, via email,via email, August 17, 2021. August 17, 2021.
Notes: FPUC = Federal Pandemic Unemployment Compensation,FPUC = Federal Pandemic Unemployment Compensation, PEUC = Pandemic Emergency Unemployment PEUC = Pandemic Emergency Unemployment
Compensation, PUA = Pandemic Unemployment Assistance,Compensation, PUA = Pandemic Unemployment Assistance, MEUC = Mixed Earner Unemployment MEUC = Mixed Earner Unemployment
Compensation. According to DOL,Compensation. According to DOL, state courts in Indiana and Maryland state courts in Indiana and Maryland ~~have~~ issued temporary orders issued temporary orders
prohibiting withdrawal from COVID-19 UI programs.prohibiting withdrawal from COVID-19 UI programs. Thus, in Indiana PUA, PEUCThus, in Indiana PUA, PEUC, and FPUC and FPUC ~~continue~~continued to be to be
payable (MEUC payable (MEUC iswas terminated, effective July 19, 2021); and in Maryland, PUA, PEUC, FPUC, and MEUC terminated, effective July 19, 2021); and in Maryland, PUA, PEUC, FPUC, and MEUC ~~continu e~~
~~to be payable~~continued to be payable until program expiration. Idaho and South Dakota never signed an initial agreement. Idaho and South Dakota never signed an initial agreement to administer MEUC. Congressional Research Service 14 link to page 19 link to page 19 Unemployment Insurance (UI) Benefits During Covid-19 Recession ~~to administer MEUC. Wyoming notified~~
~~DOL that retroactively it was not opting for the MEUC program.~~
Coordination of UI Benefits
During a period of unemployment, individuals may During a period of unemployment, individuals may behave been eligible eligible for benefits under multiplefor benefits under multiple,
~~currently~~ authorized UI programsauthorized UI programs, including the temporary, now-expired COVID-19 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 from March 13, 2021, through September 4, 2021. This flow iswas contingent on an individual contingent on an individual
meeting meeting ~~al eligibility~~ all eligibility criteria for the respective programs. It criteria for the respective programs. It iswas also contingent on a state having 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, amended by the Continued Assistance Act and ARPA. As described above, ~~as of this report date,~~
~~26 states have terminated~~26 states announced an early termination of some some or all ~~or al~~ of the temporary UI benefits authorized under the CARES of the temporary UI benefits authorized under the CARES
Act, as amended. Act, as amended. In However, in two of these states (Indiana and Maryland), state courts two of these states (Indiana and Maryland), state courts ~~have~~ issued issued
temporary orders prohibiting withdrawal from COVID-19 UI programs. temporary orders prohibiting withdrawal from COVID-19 UI programs.
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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
(Prior to Expiration) Benefit Availability Benefit Availability ~~Depends~~Depended Upon State Agreement Upon State Agreement
(March 13, 2021, through September 4, 2021) (March 13, 2021, through September 4, 2021)

Source: CRS analysis based on the UI provisionsCRS analysis based on the UI provisions in Title IX, Subtitle A,in Title IX, Subtitle A, of the Americanof the American Rescue Plan Act of 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 This coordination flow iswas contingent on an individual meeting contingent on an individual meeting ~~al eligibility criteria~~ all eligibility criteria for the respective for the respective
programs.programs. ~~It is~~ It was also contingent on a state having an agreement with DOL to administer each benefit. also contingent on a state having an agreement with DOL to administer each benefit.
Transition rules: (1) Individuals who were receivingTransition rules: (1) Individuals who were receiving EB for the weekEB for the week ending Decemberending December 26, 2020, were required 26, 2020, were required
to remainto remain on EB until those benefitson EB until those benefits were exhausted; after that point, they may have been eligiblewere exhausted; after that point, they may have been eligible for additional for additional
PEUC if available. (2) Individuals who werePEUC if available. (2) Individuals who were receiving EB for the week ending March 13, 2021, receiving EB for the week ending March 13, 2021, ~~must remain~~ were required to remain on EB on EB
until those benefits until those benefits ~~are~~were exhausted; after that point, they may exhausted; after that point, they may have been be eligible be eligible for additional PEUC if available. for additional PEUC if available.
PUA PUA iswas the last payer. the last payer. Al All other UI benefits must other UI benefits must behave been exhausted or unavailable. States exhausted or unavailable. States ~~have~~had a temporary, a temporary, six-week six-week
authorization to continue to pay PUA rather than PEUC if an individual was receivingauthorization to continue to pay PUA rather than PEUC if an individual was receiving PUA for the PUA for the ~~week~~ week ending ending
~~March 13, 2021.~~
~~FPUC, MEUC, PUA, and PEUC are authorized through September 4, 2021 (September 5, 2021, for New York).~~
March 13, 2021. Congressional Research Service Congressional Research Service

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~~As of March 5, 2021,~~ Federal authorization for FPUC, MEUC, PUA, and PEUC existed through September 4, 2021 (September 5, 2021, for New York). South Dakota and Idaho did not sign agreementsSouth Dakota and Idaho did not sign agreements to offer MEUC, according to DOL. to offer MEUC, according to DOL.
~~On May 18, 2021, Wyoming retroactively notified DOL that it was not offering MEUC.~~
As of August 4, 2021, according to DOL,As of August 4, 2021, according to DOL, the fol owing 24 states the fol owing 24 states ~~have~~ terminated their agreementsterminated their agreements with DOL to with DOL to
~~pay some or al COVID-19 UI~~pay some or all COVID-19 UI benefits prior to the expiration of the federal authorization for the benefits: Alabama, Alaska, benefits: Alabama, Alaska, Arkansas,Arkansas, Arizona, Florida,Arizona, Florida, Georgia,Georgia, Idaho, Iowa, Idaho, Iowa,
Louisiana, Mississippi,Louisiana, Mississippi, Missouri,Missouri, Montana, Nebraska, New Hampshire,Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma,North Dakota, Ohio, Oklahoma, South South
Carolina, South Dakota, Tennessee,Carolina, South Dakota, Tennessee, Texas, Utah, West Virginia,Texas, Utah, West Virginia, and Wyoming.and Wyoming.
Two additional states—Indiana and Maryland—also announced terminations of their state agreementsTwo additional states—Indiana and Maryland—also announced terminations of their state agreements to pay to pay
COVID-UI benefitsCOVID-UI benefits prior to the expiration of the federal authorization. According to DOL, state courts in Indiana and Maryland . According to DOL, state courts in Indiana and Maryland ~~have~~ issued temporary orders issued temporary orders
prohibiting early terminationprohibiting early termination from somefrom some ~~or al~~ or all of the COVID-19 UI programs.of the COVID-19 UI programs. (Additional legal (Additional legal ~~chal enges have~~
~~been~~challenges were reported in other states but reported in other states but ~~at this time~~ do not appear to have reestablished participation.) Thus, in Indiana do not appear to have reestablished participation.) Thus, in Indiana
PUA, PEUCPUA, PEUC, and FPUC and FPUC ~~continue~~continued to be payable to be payable ~~(MEUC is terminated,~~ until the expiration of the federal authorization (but MEUC was terminated, effective July 19, 2021); and in Maryland, effective July 19, 2021); and in Maryland,
PUA, PEUC, FPUC, and PUA, PEUC, FPUC, and MEUC continued~~MEUC continue~~ to be payable. to be payable.
Table 2. Temporary UI Benefit Expirations Under the American Rescue Plan Act
of 2021
Benefit
Expiration Date
Phaseout Date
Federal Federal Pandemic UnemploymentPandemic Unemployment Compensation Compensation
September September 3, 2021 3, 2021
No phaseout No phaseout
(FPUC) (FPUC)
(September 4, 2021, in (September 4, 2021, in
New York) New York)
Pandemic Emergency Unemployment Pandemic Emergency Unemployment Compensation Compensation
September September 3, 2021 3, 2021
No phaseout No phaseout
(PEUC) (PEUC)
(September 4, 2021, in (September 4, 2021, in
New York) New York)
Pandemic Unemployment Pandemic Unemployment Assistance (PUA) Assistance (PUA)
September September 3, 2021 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 September 3, 2021 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 All UI benefits UI benefits ~~are~~were paid with respect to a week paid with respect to a week of unemployment,of unemployment, subsequent to the actual weeksubsequent to the actual week of of
unemployment.unemployment. Thus, the expiration dates referThus, the expiration dates refer to the end of the last payable week of unemployment.to the end of the last payable week of unemployment. Benefit Benefit
payments for payments for ~~this~~the last week of unemployment last week of unemployment ~~wil be~~were issued to individuals after the expiration dates. issued to individuals after the expiration dates. ~~States may~~
~~opt~~Approximately half of the states attempted or successful y opted to terminate participation in temporary UI to terminate participation in temporary UI benefits prior to the expiration of the temporary programs’ federal authorization~~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, Section 2104 of the CARES Act created a temporary, additional, ~~federal y~~federally financed $600 benefit 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.6669 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 signed an agreement with DOL through weeks ending on or before July 31, 2020.through weeks ending on or before July 31, 2020.6770 When the $600 weekly When the $600 weekly
FPUC benefit was available, an eligibleFPUC benefit was available, an eligible UI claimant would have received both the UI benefit plus UI claimant would have received both the UI benefit plus
the $600 each week. One $600 FPUC benefit was payable to an eligiblethe $600 each week. One $600 FPUC benefit was payable to an eligible UI claimant for any 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, 2020.68
71 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, 2020.6972 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~~week prior to expiration)” 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.7073 As described in Federal Emergency Management Agency (FEMA) guidance, As described in Federal Emergency Management Agency (FEMA) guidance,7174 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.72
~~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~~

6675 69 For information on For information on ~~T RA~~TRA, see CRS, see CRS Report R44153, Report R44153, Trade Adjustment Assistance for Workers and the TAA
Reauthorization Act of 2015. For information on SEA, see CRS. For information on SEA, see CRS Report R41253, Report R41253, The Self-~~Em ploym ent~~Employment Assistance
(SEA) Program . .
67 70 A number of state laws A number of state laws have provisions for extending the potential duration of benefits duringhave provisions for extending the potential duration of benefits during periods of high 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, DOL uses the term 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 individualswith the federal-state EB program. DOL has stated that FPUC is not payable to individuals receiving ABreceiving AB payments. payments.
~~T he~~The order of payment for AB within the context of the multiple programs described above is dependent on state law. order of payment for AB within the context of the multiple programs described above is dependent on state law.
68 71 July 26, 2020, in New July 26, 2020, in New York. York.
6972 September 6, 2020, in New September 6, 2020, in New York. York.
~~70 T he~~73 The White House, “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster White House, “Memorandum on Authorizing the Other Needs Assistance Program for Major Disaster
Declarations Related to Coronavirus DiseaseDeclarations Related to Coronavirus Disease 2019,” August 8, 2020, available at https://trumpwhitehouse.archives.gov/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/.
7174 FEMA, “Lost Wages Supplemental Payment Assistance Guidelines,” FEMA, “Lost Wages Supplemental Payment Assistance Guidelines,” available at https://www.fema.gov/disasters/available at https://www.fema.gov/disasters/
coronavirus/governments/supplemental-payments-lost-wages-guidelines. coronavirus/governments/supplemental-payments-lost-wages-guidelines.
72 75 Section 262 of the Continued Assistance Act provided that states may Section 262 of the Continued Assistance Act provided that states may ~~waive~~have waived overpayments under the LWA program overpayments under the LWA program
when an individualwhen an individual is was not at fault for the overpayment and repayment would not at fault for the overpayment and repayment would be have been contrary to equity and good conscience.contrary to equity and good conscience.
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~~Current~~ Unemployment Insurance (UI) Benefits During Covid-19 Recession

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 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.7376 LWA LWA
was not available to those receiving DUA. was not available to those receiving DUA.
As constructed, LWA grants were As constructed, LWA grants were ~~potential y~~potentially available available for weeks of unemployment ending for weeks of unemployment ending
between August 1, 2020, and December 27, 2020, but the program between August 1, 2020, and December 27, 2020, but the program ~~could~~would have terminated earlier have terminated earlier
if if either (1) Congress had enacted supplemental COVID-19 pandemic-related unemployment compensation Congress had enacted supplemental COVID-19 pandemic-related unemployment compensation
(e.g., reestablished the FPUC authority, which did not occur in that period) or (e.g., reestablished the FPUC authority, which did not occur in that period) or (2) certain conditions certain conditions
were met related to the balance of the Disaster Relief Fund (DRF).were met related to the balance of the Disaster Relief Fund (DRF).77 In practical terms, the first 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.7478

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 under the direction of Congress. Information in a CRS Report should ~~n ot~~not be relied upon for purposes other 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
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73 76 South Dakota and American Samoa South Dakota and American Samoa ~~did~~ did not participate in LWA. Guam, Kentucky, and Montana supplemented LWA 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 weekswith an additional $100 weekly payment. All jurisdictions participating in LWA provided up to six weeks of benefits of benefits
with the following exceptions: the Commonwealth of Northern Mariana Islands agreedwith the following exceptions: the Commonwealth of Northern Mariana Islands agreed to provide up to three weeks, to provide up to three weeks,
Florida provided up to four weeks,Florida provided up to four weeks, Idaho provided up to five weeks,Idaho provided up to five weeks, and the U.S. Virginand the U.S. Virgin Islands provided up to three Islands provided up to three
weeks.weeks. (Email exchange between(Email exchange between the authors of this report and FEMA, Office of External Affairs, February 6, 2021.) the authors of this report and FEMA, Office of External Affairs, February 6, 2021.)
74 77 See archived CRS Insight IN11492, COVID-19: Supplementing Unemployment Insurance Benefits (Federal Pandemic Unemployment Compensation vs. Lost Wages Assistance). LWA would be terminated if either FEMA expended $44 billion on LWA or the DRF balance was at or lower than $25 billion. 78 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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