23-771.01. Approved training; definitions

A. Notwithstanding any other provision of this chapter, no otherwise eligible individual shall be denied benefits for any week:

1. Because he is in training approved by the secretary of labor under section 236 of the trade act of 1974, as amended, or because of leaving work which is not suitable employment to enter such training.

2. Because he is in training with the approval of the department, nor

3. Because of the application to any such week of such training of any provision of this chapter relating to availability for work, active search for work, or refusal to apply for or accept work.

B. No payment of benefits under this chapter made possible under this section shall be made to any individual for any week, or part of any week, with respect to which he is entitled to receive any training allowance under any public training or retraining program if such training allowance equals or exceeds the benefits to which the individual would otherwise be entitled. If the training allowance is less than the benefits to which the individual would otherwise be entitled, his benefits shall be computed in accordance with section 23-779, subsection C, treating the training allowance in the same manner as wages, and benefits shall be paid accordingly.

C. In this section, unless the context otherwise requires, " suitable employment" means, with respect to an individual, work which is of a substantially equal or higher skill level than the individual's past adversely affected employment and for which the wages equal or exceed eighty per cent of the individual's average weekly wage. " Adversely affected employment" and " average weekly wage" have the meanings prescribed by section 247 of the trade act of 1974, as amended.