106 STAT. 296 PUBLIC LAW 102-318—JULY 3, 1992 "(B) there is a State 'off indicator for a week if either the requirements of clause (i) or clause (ii) of subparagraph (A) are not satisfied. Notwithstanding the provision of any State law described in this paragraph, any week for which there would otherwise be a State 'on' indicator shall continue to be such a week and shall not be determined to be a week for which there is a State 'off indicator. "(2) For purposes of this subsection, determinations of the rate of total unemployment in any State for any period (and of any seasonal adjustment) shall be made by the Secretary." (b) ADDITIONAL WEEKS OF BENEFITS AVAILABLE DURING PERIODS OF HIGH UNEMPLOYMENT.— Subsection (b) of section 202 of such 26 USC 3304 Act is amended by adding at the end thereof the following new "°*®- paragraph: "(SKA) Effective with respect to weeks beginning in a high unemployment period, paragraph (1) shall be applied by substituting— "(i) '80 per centum' for '50 per centum' in subparagraph (A), "(ii)'twenty'for thirteen'in subparagraph (B), and "(iii) 'forty-six* for 'thirty-nine' in subparagraph (C). "(B) For purposes of subparagraph (A), the term high unemployment period' means any period during which an extended benefit period would be in effect if section 203(fKlXAXi) were applied by substituting '8 percent' for '6.5 percent'. " (c) CONFORMING AMENDMENT. —Paragraph (2) of section 204(c) 26 USC 3304 of such Act is amended by inserting ", forty-six in any case where °°*« section 202(b)(3)(A) applies" after "thirty-nine". SEC. 202. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR UNEMPLOYMENT BENEFITS. (a) EARNINGS TEST.— (1) IN GENERAL.— Paragraph (5) of section 202(a) of the Fed- 26 USC 3304 eral-State Extended Unemployment Compensation Act of 1970 "****• is amended by striking "which one of the foregoing methods" and inserting "which one or more of the foregoing methods". 26 USC 3304 (2) EFFECTIVE DATE.— note. (A) IN GENERAL.— Notwithstanding any other provision of law, the amendment made by paragraph (1) shall apply for purposes of extended imemployment compensation and emergency unemployment compensation to weeks of unemployment beginning on or after the date of the enactment of this Act. (B) WAIVER OF RECOVERY OF CERTAIN OVERPAYMENTS.— On and after the date of the enactment of this Act, no repayment of any emergency unemployment compensation shall be required under section 105 of the Emergency Unemployment Compensation Act of 1991 (Public Law 102- 164, as amended) if the individual would have been entitled to receive such compensation had the amendment made by paragraph (1) applied to all weeks beginning before the date of the enactment of this Act. (b) SUSPENSION OF CERTAIN ELIGIBILITY REQUIREMENTS.— (1) IN GENERAL.— Section 202(a) of such Act is amended by adding at the end thereof the following new paragraph:
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