Title 15, Commerce and TradeRelease 119-110

§9027 Temporary Financing of Short-time Compensation Agreements

Title 15 › CHAPTER 116 — CORONAVIRUS ECONOMIC STABILIZATION (CARES ACT) › SUBCHAPTER II — UNEMPLOYMENT INSURANCE PROVISIONS › § 9027

Last updated Sep 22, 2026|Official source

Summary

States can choose to make a deal with the Secretary of Labor to run a short-time compensation program if the State does not already pay such benefits under a program defined in 26 U.S.C. 3306(v). A State may end the deal with 30 days’ written notice. The State agency will pay short-time benefits under a State plan that follows the rules in 26 U.S.C. 3306(v). No worker can get more than 26 times their weekly regular pay (including dependents’ allowances) in one benefit year. Workers who are seasonal, temporary, or intermittent employees cannot get these payments. Employers in the plan must pay the State one-half of the short-time benefits paid for their workers. That money goes into the State unemployment fund and is not used to set the employer’s tax rate under section 3303(a)(1) of title 26. The federal government will reimburse each participating State for one-half of the short-time benefits the State pays and for extra administrative costs the Secretary of Labor approves. Reimbursements are paid monthly as estimates and later adjusted. Money is taken from Treasury funds as needed, and the Secretary certifies payments to the Treasury. Agreements cover weeks that start on or after the agreement date and end on or before September 6, 2021. If a State later passes its own qualifying short-time law (as defined in 26 U.S.C. 3306(v)), it cannot get payments under this deal for weeks starting after that law takes effect, but may be eligible for payments under section 9026 after that date (subject to 9026(b)(2)). Secretary = Secretary of Labor. “State,” “State agency,” and “State law” use the meanings in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

Full Legal Text

Title 15, §9027

Commerce and Trade, Source: USLM XML via OLRC

(a)Federal-State agreements
(1)In general
Any State which desires to do so may enter into, and participate in, an agreement under this section with the Secretary provided that such State’s law does not provide for the payment of short-time compensation under a short-time compensation program (as defined in section 3306(v) of title 26).
(2)Ability to terminate
Any State which is a party to an agreement under this section may, upon providing 30 days’ written notice to the Secretary, terminate such agreement.
(b)Provisions of Federal-State agreement
(1)In general
Any agreement under this section shall provide that the State agency of the State will make payments of short-time compensation under a plan approved by the State. Such plan shall provide that payments are made in accordance with the requirements under section 3306(v) of title 26.
(2)Limitations on plans
(A)General payment limitations
A short-time compensation plan approved by a State shall not permit the payment of short-time compensation to an individual by the State during a benefit year in excess of 26 times the amount of regular compensation (including dependents’ allowances) under the State law payable to such individual for a week of total unemployment.
(B)Employer limitations
A short-time compensation plan approved by a State shall not provide payments to an individual if such individual is employed by the participating employer on a seasonal, temporary, or intermittent basis.
(3)Employer payment of costs
Any short-time compensation plan entered into by an employer must provide that the employer will pay the State an amount equal to one-half of the amount of short-time compensation paid under such plan. Such amount shall be deposited in the State’s unemployment fund and shall not be used for purposes of calculating an employer’s contribution rate under section 3303(a)(1) of title 26.
(c)Payments to States
(1)In general
There shall be paid to each State with an agreement under this section an amount equal to—
(A)one-half of the amount of short-time compensation paid to individuals by the State pursuant to such agreement; and
(B)any additional administrative expenses incurred by the State by reason of such agreement (as determined by the Secretary).
(2)Terms of payments
Payments made to a State under paragraph (1) shall be payable by way of reimbursement in such amounts as the Secretary estimates the State will be entitled to receive under this section for each calendar month, reduced or increased, as the case may be, by any amount by which the Secretary finds that the Secretary’s estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, or other method as may be agreed upon by the Secretary and the State agency of the State involved.
(3)Funding
There are appropriated, out of moneys in the Treasury not otherwise appropriated, such sums as may be necessary for purposes of carrying out this section.
(4)Certifications
The Secretary shall from time to time certify to the Secretary of the Treasury for payment to each State the sums payable to such State under this section.
(d)Applicability
An agreement entered into under this section shall apply to weeks of unemployment—
(1)beginning on or after the date on which such agreement is entered into; and
(2)ending on or before September 6, 2021.
(e)Special rule
If a State has entered into an agreement under this section and subsequently enacts a State law providing for the payment of short-time compensation under a short-time compensation program that meets the definition of such a program under section 3306(v) of title 26, the State—
(1)shall not be eligible for payments under this section for weeks of unemployment beginning after the effective date of such State law; and
(2)subject to section 9026(b)(2) of this title, shall be eligible to receive payments under section 9026 of this title after the effective date of such State law.
(f)Definitions
In this section: (1) Secretary
(2)State; State agency; State law
The terms “State”, “State agency”, and “State law” have the meanings given those terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 205 of the Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (f)(2), is section 205 of Pub. L. 91–373, which is set out in a note under section 3304 of Title 26, Internal Revenue Code.

Amendments

2021—Subsec. (d)(2). Pub. L. 117–2 substituted “
September 6, 2021” for “
March 14, 2021”. 2020—Subsec. (d)(2). Pub. L. 116–260 substituted “
March 14, 2021” for “
December 31, 2020”.

Reference

Citations & Metadata

Citation

15 U.S.C. § 9027

Title 15, Commerce and Trade

Last Updated

Sep 22, 2026

Release point: 119-110