23-627. Exhaustee
A. " Exhaustee" means an individual who, with respect to any week of unemployment in his eligibility period:
1. Has received prior to such week, all of the regular benefits that were available to him in his current benefit year that includes such week; or his benefit year having expired prior to such week, has no, or insufficient wages on the basis of which he could establish a new benefit year that would include such week; and
2. Has no right to unemployment benefits or allowances, as the case may be, under the railroad unemployment insurance act, the trade expansion act of 1962, the automotive products trade act of 1965, and such other federal laws as are specified in regulations issued by the United States secretary of labor; and has not received and is not seeking unemployment benefits under the unemployment compensation law of Canada, but if he is seeking such benefits and the appropriate agency finally determines that he is not entitled to benefits under such law he is considered an exhaustee.
B. For the purposes of paragraph 1 of subsection A, an individual shall be deemed to have received all of the regular benefits that were available to him although as a result of a pending protest or appeal with respect to wages that were not included in the original monetary determination in his benefit year, he may subsequently be determined to be entitled to added regular benefits.
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