12 2 STA T . 2 35 5 PUBLIC LA W 11 0– 252 —J U NE 30 , 200 8(1)INGE NE RAL.—Theamount e s ta bli she d inana c count unde r subsection (a) shall be e q ual to the lesser o f — ( A ) 50p ercent of the total amount of re g ular compensa - tion (including dependents ’ allo w ances) pa y able to the indi- v idual during the individual’s benefit year under such law , or ( B )1 3 times the individual’s average wee k ly benefit amount for the benefit year. ( 2 ) W EE K L YB ENE FIT A MOU NT.— F or purposes of this sub- section, an individual’s weekly benefit amount for any week is the amount of regular compensation (including dependents’ allowances) under the S tate law payable to such individual for such week for total unemployment. P AYMENT S TO STATES H A V ING AGREEMENTS FOR THE PAYMENT OF EMERGEN C Y UNEMPLOYMENT COMPENSATION SEC. 4 003. (a) G ENERAL R ULE.—There shall be paid to each State that has entered into an agreement under this title an amount equal to 100 percent of the emergency unemployment compensation paid to individuals by the State pursuant to such agreement. (b) TREATMENT OF REIMBURSABLE C OMPENSATION.— N o pay- ment shall be made to any State under this section in respect of any compensation to the e x tent the State is entitled to reimburse- ment in respect of such compensation under the provisions of any Federal law other than this title or chapter 8 5 of title 5, U nited States Code. A State shall not be entitled to any reimbursement under such chapter 85 in respect of any compensation to the extent the State is entitled to reimbursement under this title in respect of such compensation. (c) D ETERMINATION OF AMOUNT.—Sums payable to any State by reason of such State having an agreement under this title shall be payable, either in advance or by way of reimbursement (as may be determined by the Secretary), in such amounts as the Secretary estimates the State will be entitled to receive under this title for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved. FINANCING PROVISIONS SEC. 4004. (a) IN GENERAL.—Funds in the extended unemploy- ment compensation account (as established by section 9 05(a) of the Social Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the making of payments to States having agreements entered into under this title. (b) CERTIFICATION.—The Secretary shall from time to time cer- tify to the Secretary of the Treasury for payment to each State the sums payable to such State under this title. The Secretary of the Treasury, prior to audit or settlement by the Government Accountability O ffice, shall make payments to the State in accord- ance with such certification, by transfers from the extended unemployment compensation account (as so established) to the 26USC3 3 04note. 26 USC 3304 note.
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