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(120%) of the average of such rates for the corresponding

thirteen-week period ending in each of the preceding

three calendar years, and

(ii) equaled or exceeded five per centum: Provided, That with respect

to benefits for weeks of unemployment beginning with the passage

of this amendment but no earlier than April 3, 1977, the

determination of whether there has been a State "on" or "off"

indicator beginning or ending any extended benefit period shall be

made under this paragraph as if (A) this paragraph did not contain

subparagraph (i) thereof, and (B) the per centum rate indicated in

this paragraph were six, except that, notwithstanding any such

provision of this paragraph, any week for which there would

otherwise be a State "on" indicator shall continue to be such a

week and shall not be determined to be a week for which there is

a State "off" indicator.

(2) There is a "State 'off' indicator" for this State for a week if the

Secretary of Labor & Industry 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 rate of insured unemployment (not seasonally

adjusted) under this act:

(i) was less than one hundred twenty per centum of the average of

such rates for the corresponding thirteen-week period ending in

each of the preceding two calendar years, if paragraph (1)(i)(A)

applies or, the preceding three calendar years, if paragraph

(1)(i)(B) applies, or

(ii) was less than five per centum.

(3) Notwithstanding the provisions of this subsection, any week for

which there would otherwise be a State "on" indicator shall continue

to be such a week and shall not be determined to be a week for which

there is a State "off" indicator.

((b) amended Feb. 9, 2012, P.L.69, No.10)

subsection (c.1)(2) if:

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(120%) of the average of such rates for the corresponding

thirteen-week period ending in each of the preceding

three calendar years, and

(ii) equaled or exceeded five per centum: Provided, That with respect

to benefits for weeks of unemployment beginning with the passage

of this amendment but no earlier than April 3, 1977, the

determination of whether there has been a State "on" or "off"

indicator beginning or ending any extended benefit period shall be

made under this paragraph as if (A) this paragraph did not contain

subparagraph (i) thereof, and (B) the per centum rate indicated in

this paragraph were six, except that, notwithstanding any such

provision of this paragraph, any week for which there would

otherwise be a State "on" indicator shall continue to be such a

week and shall not be determined to be a week for which there is

a State "off" indicator.

(2) There is a "State 'off' indicator" for this State for a week if the

Secretary of Labor & Industry 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 rate of insured unemployment (not seasonally

adjusted) under this act:

(i) was less than one hundred twenty per centum of the average of

such rates for the corresponding thirteen-week period ending in

each of the preceding two calendar years, if paragraph (1)(i)(A)

applies or, the preceding three calendar years, if paragraph

(1)(i)(B) applies, or

(ii) was less than five per centum.

(3) Notwithstanding the provisions of this subsection, any week for

which there would otherwise be a State "on" indicator shall continue

to be such a week and shall not be determined to be a week for which

there is a State "off" indicator.

((b) amended Feb. 9, 2012, P.L.69, No.10)

subsection (c.1)(2) if: