ENROLLED
ACT No. 412
2024 Regular Session
HOUSE BILL NO. 119
BY REPRESENTATIVE ROMERO
1 AN ACT
2 To amend and reenact R.S. 23:1595 and to enact R.S. 23:1606, relative to unemployment
3 compensation; to provide for the duration of benefits; to provide definitions; to
4 provide for extended benefits; to provide for the termination of extended benefits;
5 to provide for the promulgation of rules; to provide for an effective date; and to
6 provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 23:1595 is hereby amended and reenacted and R.S. 23:1606 is hereby
9 enacted to read as follows:
10 §1595. Duration of benefits
11 A. Any otherwise eligible individual shall be entitled during any benefit year
12 to a total amount of benefits equal to twenty-six up to twenty times his weekly
13 benefit amount as determined pursuant to R.S. 23:1592 provided that such total
14 amount of benefits, if not a multiple of one dollar, shall be computed to the nearest
15 multiple of one dollar. No claimant shall receive a benefit check for any week
16 beyond the number of weeks computed on his initial claim unless that claimant is
17 participating in a program providing partial unemployment as set forth in R.S.
18 23:1472(19)(a) or has been paid wages for part-time or full-time work. Further, if
19 a base period employer has provided severance pay, which when prorated weekly is
20 an amount which equals or exceeds the claimant's weekly benefit amount, the
21 claimant's benefit entitlement computed pursuant to the provisions of this Subsection
22 shall be reduced by one week for each week of severance pay, provided that no
23 claimant's entitlement shall be reduced to less than one week.
24 B.(1) The maximum number of weekly benefits a claimant may be eligible
25 for in a benefit year shall depend on the average of the three most recently published
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1 state seasonally adjusted unemployment rates preceding the month in which the
2 claimant files his first claim for benefits.
3 (2) For all valid unemployment compensation claims submitted, the
4 maximum duration of benefits available to a claimant shall be based upon the
5 average unemployment rate as determined by the administrator according to the
6 following formula:
7 (a) When the average unemployment rate is five percent or less, the
8 maximum duration of benefits shall be limited to twelve weeks.
9 (b) When the average unemployment rate is greater than five percent but less
10 than five and one-half percent, the maximum duration of benefits shall be limited to
11 thirteen weeks.
12 (c) When the average unemployment rate is equal to or greater than five and
13 one-half percent but less than six percent, the maximum duration of benefits shall be
14 limited to fourteen weeks.
15 (d) When the average unemployment rate is equal to or greater than six
16 percent but less than six and one-half percent, the maximum duration of benefits
17 shall be limited to fifteen weeks.
18 (e) When the average unemployment rate is equal to or greater than six and
19 one-half percent but less than seven percent, the maximum duration of benefits shall
20 be limited to sixteen weeks.
21 (f) When the average unemployment rate is equal to or greater than seven
22 percent but less than seven and one-half percent, the maximum duration of benefits
23 shall be limited to seventeen weeks.
24 (g) When the average unemployment rate is equal to or greater than seven
25 and one-half percent but less than eight percent, the maximum duration of benefits
26 shall be limited to eighteen weeks.
27 (h) When the average unemployment rate is equal to or greater than eight
28 percent but less than eight and one-half percent, the maximum duration of benefits
29 shall be limited to nineteen weeks.
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1 (i) When the average unemployment rate is equal to or greater than eight and
2 one-half percent, the maximum duration of benefits shall be limited to twenty weeks.
3 C. On a biannual basis, the Louisiana Workforce Commission shall publish
4 on its website the maximum number of weekly benefits a claimant may be eligible
5 for in a benefit year, provided for in Subsection B of this Section, for a claimant who
6 has filed an initial claim for unemployment benefits in any week in that month.
7 B. D. For the purposes of this Section, "wages" shall be counted as "wages
8 for insured work" for the benefit purposes with respect to any benefit year only if the
9 benefit year begins subsequent to the date on which the employing unit by whom the
10 wages were paid became an employer within the meaning of this Chapter.
11 * * *
12 §1606. Extended benefits for training; definitions; eligibility; weekly extended
13 benefit amount; total extended benefit amount; termination of extended
14 benefits
15 A. For the purposes of this Section, the following terms have the meanings
16 ascribed to them:
17 (1) "Eligibility period of an individual" means the period consisting of the
18 weeks in an individual's benefit year which begin in an extended benefit period and,
19 if his benefit year ends within such extended benefit period, any weeks thereafter
20 which begin in such period.
21 (2) "Exhaustee" means an individual who, with respect to any week of
22 unemployment in his eligibility period, either:
23 (a) He has received, prior to such week, all of the regular benefits that were
24 available to him in accordance with this Chapter or any other unemployment
25 insurance law of any state approved by the United States secretary of labor pursuant
26 to the Internal Revenue Code of 1954, 26 U.S.C. §3304, including dependent's
27 allowances and benefits payable to federal civilian employees and ex-servicemen
28 pursuant to 5 U.S.C. Chapter 85, in his current benefit year that includes such week.
29 For the purposes of this Paragraph, an individual shall be considered to have received
30 all of the regular benefits that were available to him as a result of a pending appeal
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1 with respect to wages or employment, or both, that were not considered in the
2 original monetary determination in his benefit year. He may subsequently be
3 determined to be entitled to added regular benefits.
4 (b) His benefit year having expired prior to such week, has no wages, or has
5 insufficient wages or employment, or both, on the basis of which he could establish
6 a new benefit year that would include such week if all of the following apply:
7 (i) He has no right to unemployment insurance benefits or allowances, as the
8 case may be, pursuant to the Railroad Unemployment Insurance Act, 45 U.S.C. §351
9 et seq., or under such other federal laws as are specified in regulations issued by the
10 United States secretary of labor.
11 (ii) He has not received and is not seeking unemployment insurance benefits
12 under the unemployment insurance law of Canada or the United States Virgin
13 Islands, but if he is seeking such benefits and the appropriate agency finally
14 determines that he is not entitled to benefits under such law, he shall be considered
15 an exhaustee if the other provisions of this definition are met. An unemployment
16 compensation law submitted to the secretary of the United States Virgin Islands for
17 approval, shall be effective on the day after the day on which the United States
18 secretary of labor approves such law pursuant to the Internal Revenue Code of 1954,
19 26 U.S.C. §3304(a).
20 (3) "Extended benefits" means benefits payable to an individual under the
21 provisions of this Section for weeks of unemployment in his eligibility period.
22 (4) "Extended benefit period" means a period which begins upon exhaustion
23 of regular unemployment benefits and ends upon the exhaustion or disqualification
24 for extended benefits pursuant to this Section.
25 (5) "Regular benefits" means benefits payable to an individual in accordance
26 with this Chapter or in accordance with the unemployment insurance law of any
27 state, approved by the United States secretary of labor pursuant to the Internal
28 Revenue Code of 1954, 26 U.S.C. §3304, including benefits payable to federal
29 civilian employees and to ex-servicemen pursuant to 5 U.S.C. Chapter 85, other than
30 extended benefits.
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1 B. An individual shall be eligible to receive extended benefits with respect
2 to any week of unemployment in his eligibility period, only if the administrator finds
3 that with respect to such week all of the following apply:
4 (1) He is an exhaustee as defined in this Section.
5 (2) He is enrolled and participating in an approved training program as
6 provided in R.S. 23:1602 at the time his regular benefits are exhausted.
7 C. The weekly extended benefit amount payable to an individual for a week
8 of total unemployment in his eligibility period shall be an amount equal to the
9 weekly benefit amount determined pursuant to R.S. 23:1592 payable to him during
10 his benefit year with respect to when he last became an exhaustee.
11 D. The total extended benefit amount payable to any eligible individual with
12 respect to any one benefit year shall be eight times his weekly benefit amount which
13 was payable to him in accordance with this Chapter for a week of total
14 unemployment in such benefit year.
15 E. Except when the result would be inconsistent with the provisions of this
16 Section and as provided in the regulation of the administrator, the provisions of this
17 Chapter which apply for, or the payment of, regular benefits shall apply to claims for
18 and the payment of, extended benefits.
19 F. An individual shall not be eligible for extended benefits for any week if
20 the administrator determines that the individual is no longer enrolled or participating
21 in the training program or the individual has completed the training program.
22 Section 2. This Act shall become effective on January 1, 2025.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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