12 2 STA T . 2 354PUBLIC LA W 11 0– 252 —J U NE 30 , 200 8(2)suchind i v idu al’ s r i g h t st o such co mpe nsation have b een terminated b y reason o f the e x piration of the benefit year w ith respect to which such rights existed . (d) WE E KLYB E N E FITAMOU NT ,E T C . —F or purposes of any agree - ment under this title— ( 1 ) the amount of emergency unemployment compensation which shall be payable to any individual for any wee k of total unemployment shall be e q ual to the amount of the regular compensation (including dependents’ allowances) payable to such individual during such individual’s benefit year under the S tate law for a week of total unemployment
(2) the terms and conditions of the State law which apply to claims for regular compensation and to the payment thereof shall apply to claims for emergency unemployment compensa- tion and the payment thereof, except— (A) that an individual shall not be eligible for emer- gency unemployment compensation under this title unless, in the base period with respect to which the individual exhausted all rights to regular compensation under the State law, the individual had 2 0 weeks of full-time insured employment or the equivalent in insured wages, as deter- mined under the provisions of the State law implementing section 202(a)( 5 ) of the Federal-State Extended U nemploy- ment C ompensation Act of 1 97 0(2 6 U.S.C. 3 30 4 note); and (B) where otherwise inconsistent with the provisions of this title or with the regulations or operating instructions of the Secretary promulgated to carry out this title; and (3) the maximum amount of emergency unemployment com- pensation payable to any individual for whom an emergency unemployment compensation account is established under sec- tion 4002 shall not exceed the amount established in such account for such individual. (e) ELECTION B YST A TE S .— N otwithstanding any other provision of Federal law (and if State law permits), the G overnor of a State that is in an extended benefit period may provide for the payment of emergency unemployment compensation prior to extended com- pensation to individuals who otherwise meet the requirements of this section. (f) UNAUT H O R I Z E D ALIENS I NELI G IBLE.—A State shall require as a condition of eligibility for emergency unemployment compensa- tion under this Act that each alien who receives such compensation must be legally authori z ed to work in the United States, as defined for purposes of the Federal Unemployment T ax Act (26 U.S.C. 3301 et seq.). In determining whether an alien meets the require- ments of this subsection, a State must follow the procedures pro- vided in section 1137(d) of the Social Security Act (42 U.S.C. 1320b – 7(d)). EMERGENCY UNEM P LOYMENT COMPENSATION ACCOUNT SEC. 4002. (a) IN GENERAL.—Any agreement under this title shall provide that the State will establish, for each eligible indi- vidual who files an application for emergency unemployment com- pensation, an emergency unemployment compensation account with respect to such individual’s benefit year. (b) AMOUNT IN ACCOUNT.— 26USC3 3 04note.Ap p licab ilit y .
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