A. The weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be an amount equal to the weekly benefit amount payable to him during his applicable benefit year pursuant to Section 51-1-4 NMSA 1978, provided that for any week during a period in which federal payments to states under Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970 are reduced under an order issued under Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985, the weekly extended benefit amount payable to an individual for a week of total unemployment in his eligibility period shall be reduced by a percentage equivalent to the percentage of the reduction in the federal payment. The reduced weekly extended benefit amount, if not a full dollar amount, shall be rounded to the next lower dollar amount.

B. The total extended benefit amount payable to any eligible individual with respect to this applicable benefit year shall be the least of the following amounts:

(1) fifty percent of the total amount of regular benefits which were payable to him under the Unemployment Compensation Law in his applicable benefit year;

(2) thirteen times his weekly benefit amount which was payable to him under the Unemployment Compensation Law for a week of total unemployment in the applicable benefit year;

(3) thirty-nine times his weekly benefit amount which was payable to him under the Unemployment Compensation Law for a week of total unemployment in the applicable benefit year, reduced by the total amount of regular benefits which were paid (or deemed paid) to him under the Unemployment Compensation Law with respect to the benefit year; or

(4) in conjunction with Paragraphs (1), (2) and (3) of this subsection, an amount equal to the aggregate of the reductions in the weekly benefit amount payable under Subsection A of this section when such weekly benefit amounts are reduced pursuant to an order issued under Section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985.

C. Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts of trade readjustment allowances within that benefit year multiplied by the individual's weekly benefit amount for extended benefits.

D. Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator, or an extended benefit period is to be terminated in this state as a result of state "off" indicators, the department shall make an appropriate public announcement. Computations required by the provisions of Subsection D of Section 51-1-48 NMSA 1978 shall be made by the department in accordance with regulations prescribed by the United States secretary of labor.

History: 1978 Comp., § 51-1-48.2, enacted by Laws 1981, ch. 354, § 14; 1982, ch. 41, § 7; 1987, ch. 63, § 5.

Cross references. — For Section 204 of the Federal-State Extended Unemployment Compensation Act of 1970, see 26 U.S.C. § 3304.

For Section 252 of the federal Balanced Budget and Emergency Deficit Control Act of 1985, see 2 U.S.C. § 902.