123STA T . 2 985PUBLIC LA W 111 – 92 —NOV . 6, 2 0 09 amount(her e i na f ter ‘ thir d- tier emer g en cy unem pl oyment com- pen s ation ’) e q ual to the lesser of — ‘‘( A ) 50 percent of the total amount of regular com- pensation (including dependents’ allo w ances) paya b le to the indi v idual during the individual’s benefit year under the S tate law
or ‘‘( B ) 13 times the individual’s average wee k ly benefit amount (as determined under subsection (b)( 2 )) for the benefit year . ‘‘(2) EXTEND ED B ENE FI T P E R I O D.— F or purposes of para- graph (1) , a State shall be considered to be in an e x tended benefit period, as of any given time, if— ‘‘(A) such a period would then be in effect for such State under such Act if section 203(d) of such Act— ‘‘(i) were applied by substituting ‘ 4 ’ for ‘5’ each place it appears; and ‘‘(ii) did not include the requirement under para- graph (1)(A) thereof; or ‘‘(B) such a period would then be in effect for such State under such Act if— ‘‘(i) section 203(f) of such Act were applied to such State (regardless of whether the State by law had provided for such application); and ‘‘(ii) such section 203(f)— ‘‘( I ) were applied by substituting ‘ 6 .0’ for ‘6.5’ in paragraph (1)(A)(i) thereof; and ‘‘(II) did not include the requirement under paragraph (1)(A)(ii) thereof. ‘‘(3) L I M IT A TION.— T he account of an individual may be augmented not more than once under this subsection.’’. (b) C ONFORMIN G AMENDMENT TO N ON-A U GMENTATION R U L E.— Section 400 7 (b)(2) of the Supplemental Appropriations Act, 200 8 ( P ublic Law 110 – 252; 26 U .S.C. 3304 note) is amended— (1) by striking ‘‘then section 4002(c)’’ and inserting ‘‘then subsections (c) and (d) of section 4002’’; and (2) by striking ‘‘paragraph (2) of such section)’’ and inserting ‘‘paragraph (2) of such subsection (c) or (d) (as the case may be))’’. (c) EFFE C TI V E D ATE.—The amendments made by this section shall apply as if included in the enactment of the Supplemental Appropriations Act, 2008, except that no amount shall be payable by virtue of such amendments with respect to any week of unemployment commencing before the date of the enactment of this Act. SEC.4 . FOURTH- T I ERE M ER G E N C Y UNEM PL OYMENT COMPENS A TION. (a) IN G ENERAL.—Section 4002 of the Supplemental Appropria- tions Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note), as amended by section 3(a), is amended by adding at the end the following new subsection
‘‘(e) FOURT H -TIER EMERGENC Y UNEMPLOYMENT COMPEN S A- TION.— ‘‘(1) IN GENERAL.—If, at the time that the amount added to an individual’s account under subsection (d)(1) (third-tier emergency unemployment compensation) is exhausted or at any time thereafter, such individual’s State is in an extended benefit period (as determined under paragraph (2)), such Ap p licab ili ty.26USC3 3 04no t e . Applicability.
