§ 8-812. Eligibility for additional training benefits

   (a) Definitions. --

   (1) In this section the following words have the meanings indicated.

   (2) "Declining occupation" means an occupation in which:

      (i) there is a current lack of employment opportunities in the individual's labor market area for the occupational skills for which the individual is qualified by training and experience; and

      (ii) the lack of employment opportunities is expected to continue for an extended period of time.

   (3) "Demand occupation" means an occupation in a labor market area where work opportunities are available and qualified applicants are lacking.

   (4) (i) "Similar stipend" means an amount provided under a program with similar aims, such as providing training to increase employability, and in approximately the same amounts.

      (ii) "Similar stipend" does not include training costs such as payments for tuition and books.

(b) In general. -- An individual who is entitled to benefits under this title shall be eligible for additional training benefits under this section if the Secretary determines that the individual:

   (1) is unemployed;

   (2) has exhausted all rights to unemployment insurance benefits under federal and State law;

   (3) (i) separated from a declining occupation; or

      (ii) has been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment; and

   (4) is enrolled in a training program approved by the Secretary or in a job training program authorized by the Workforce Investment Act of 1998, as amended, that prepares the individual for entry into a demand occupation if the Secretary determines that the individual:

      (i) enrolled in the training before the end of the benefit year established with respect to the separation that made the individual eligible for the training benefit;

      (ii) is making satisfactory progress to complete the training; and

      (iii) is not receiving similar stipends or other allowances for nontraining costs.

(c) Computation of amount. -- The additional weekly training benefit amount shall equal the individual's weekly benefit amount for the most recent benefit year less any deductible income as determined under this title.

(d) Maximum amount. -- The maximum amount of additional training benefits payable to an individual shall be equal to 26 times the individual's average weekly benefit amount for the most recent benefit year.

(e) Benefits not denied based on "availability for work" and "actively seeking work" during training period. -- An individual who is receiving additional training benefits may not be denied those benefits due to the application of § 8-903(a)(1)(ii) and (iii) of this title.

(f) Benefits not payable for more than 1 year. -- Additional training benefits may not be payable for more than 1 year following the end of the benefit year established with respect to the separation that made the individual eligible for additional training benefits.

HISTORY: 2010, ch. 2, § 3.