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This entry was published on 2024-05-03
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SECTION 599
Career and related training; preservation of eligibility
Labor (LAB) CHAPTER 31, ARTICLE 18, TITLE 7
§ 599. Career and related training; preservation of eligibility. 1.
Notwithstanding any other provision of this article, a claimant shall
not become ineligible for benefits because of the claimant's regular
attendance in a program of training which the commissioner has approved.
The commissioner shall give due consideration to existing and
prospective conditions of the labor market in the state, taking into
account present and anticipated supply and demand regarding the
occupation or skill to which the training relates, and to any other
relevant factor. However, in no event shall the commissioner approve
such training for a claimant unless:

(a) (1) the training will upgrade the claimant's existing skill or
train the claimant for an occupation likely to lead to more regular long
term employment; or

(2) employment opportunities for the claimant are or may be
substantially impaired because of:

(i) existing or prospective conditions of the labor market in the
locality or in the state or reduced opportunities for employment in the
claimant's occupation or skill; or

(ii) technological change, plant closing or plant removal,
discontinuance of specific plant operations, or similar reasons; or

(iii) limited opportunities for employment throughout the year due to
the seasonal nature of the industry in which the claimant is customarily
employed; or

(iv) the claimant's personal traits such as physical or mental
handicap; and

(b) the training relates to an occupation or skill for which there
are, or are expected to be in the immediate future, reasonable
employment opportunities in the state; and

(c) the training is offered by a competent and reliable agency and
does not require more than twenty-four months to complete; and

(d) the claimant has the required qualifications and aptitudes to
complete the training successfully.

2. * (a) Notwithstanding any other provision of this chapter, a
claimant attending an approved training course or program under this
section may receive additional benefits of up to one hundred four
effective days following exhaustion of regular and, if in effect, any
other extended benefits, provided that entitlement to a new benefit
claim cannot be established. Certification of continued satisfactory
participation and progress in such training course or program must be
submitted to the commissioner prior to the payment of any such benefits.
The duration of such additional benefits shall in no case exceed twice
the number of effective days of regular benefits to which the claimant
is entitled at the time the claimant is accepted in, or demonstrates
application for appropriate training.

* NB Effective until the first Monday after October 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)

* (a) Notwithstanding any other provision of this chapter, a claimant
attending an approved training course or program under this section may
receive additional benefits of up to twenty-six times his or her weekly
benefit amount following exhaustion of regular and, if in effect, any
other extended benefits, provided that entitlement to a new benefit
claim cannot be established. Certification of continued satisfactory
participation and progress in such training course or program must be
submitted to the commissioner prior to the payment of any such benefits.
The amount of such additional benefits shall in no case exceed twice the
amount of regular benefits to which the claimant is entitled at the time
the claimant is accepted in, or demonstrates application for appropriate
training.

* NB Effective on the first Monday after October 1, 2024 or 30 days
after the commissioner of labor certifies that the department of labor
has an information technology system capable of accommodating the
amendments in chapter 277 of 2021, whichever occurs earlier (see chapter
56 of 2024 Pt.Z-§1 for further provisions)

(b) No more than twenty million dollars of benefits per year shall be
made available for payment to claimants participating in such courses or
programs.

(c) Participation in such training course or program shall not be
limited to any selected areas or localities of the state but subject to
the availability of funds, shall be available to any claimant otherwise
eligible to participate in training courses or programs pursuant to this
section.

(d) The additional benefits paid to a claimant shall be charged to the
general account.

3. Notwithstanding any other provision of this article, a claimant who
is in training approved under the federal trade act of nineteen hundred
seventy-four shall not be disqualified or become ineligible for benefits
because he is in such training or because he left employment which is
not suitable employment to enter such training. For purposes hereof,
"suitable employment" means work of a substantially equal or higher
skill level than the claimant's past adversely affected employment and
for which the remuneration is not less than eighty percent of the
claimant's average weekly wage.