23-630. On and off indicators

A. There is an Arizona on indicator for a week if the department determines, in accordance with the regulations of the United States secretary of labor, that for the period consisting of such week and the immediately preceding twelve weeks:

1. The rate of insured unemployment in this state, not seasonally adjusted:

(a) Equaled or exceeded one hundred twenty per cent of the average of such rates for the corresponding thirteen-week period ending in each of the preceding two calendar years, and

(b) Equaled or exceeded five per cent; or

2. The rate of insured unemployment in this state, not seasonally adjusted, equaled or exceeded six per cent; or

3. With respect to benefits for weeks of unemployment beginning after January 31, 2009:

(a) The average rate of total unemployment, seasonally adjusted, according to the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds six and one-half per cent; and

(b) The average rate of total unemployment in this state, seasonally adjusted, according to the United States secretary of labor, for the three month period described in subdivision (a) of this paragraph, equals or exceeds one hundred ten per cent of such average for either or both the corresponding three month periods ending in the two preceding calendar years.

B. There is an Arizona off indicator for a week unless the department determines in accordance with the regulations of the United States secretary of labor that for the period consisting of such week and the immediately preceding twelve weeks the conditions of subsection A, paragraph 1, 2 or 3 are satisfied.

C. Subsection A, paragraph 3 only applies from and after January 31, 2009 until the week ending three weeks before the last week the federal sharing is authorized by Public Law 111-5, section 2005(a) or the week ending December 12, 2009, whichever is later.

D. Notwithstanding any other provision of this chapter, the governor shall suspend the payment of extended benefits under this chapter to the extent necessary to ensure that otherwise eligible individuals are not denied, in whole or in part, the receipt of emergency unemployment compensation benefits authorized by the federal supplemental appropriations act of 2008 (P.L. 110-252), the unemployment compensation extension act of 2008 (P.L. 110-449) and the American recovery and reinvestment act of 2009 (P.L. 111-5) and that this state receives the maximum reimbursement from the federal government for the payment of those emergency benefits.