HARRY HUGHES, Governor

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(i) The average weekly number of
individuals filing claims in this State for weeks of
unemployment with respect to the most recent
13—consecutive—week period, as determined by the Executive
Director on the basis of his reports to the United States
Secretary of Labor, by

(ii) The average monthly employment
covered under this Act for the first four of the most recent
six completed calendar quarters ending before the end of
such 13—week period.

[(10)] (9) "Exhaustee" means an individual
who, with respect to any week of unemployment in his
eligibility period:

(i) Has received, prior to that week, all
of the regular benefits that were available to him under
this act or any other State law (including dependents'
allowances and benefits payable to federal civilian
employees and ex—servicemen under 5 U.S.C. chapter 85) in
his current benefit year which includes that week;

Provided, that, for the purposes of this subparagraph,
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 appeal with respect to wages that were
not considered in the original monetary determination in his
benefit year, he may subsequently be determined to be
entitled to added regular benefits; or

(ii) His benefit year having expired prior
to that week, has no, or insufficient, wages on the basis of
which he could establish a new benefit year that would
include that week; and

(iii) Has no right to unemployment benefits
or allowances, as the case may be, under the Railroad
Unemployment Insurance Act or under 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 the Virgin Islands or] of Canada; but if he is
seeking those benefits and the appropriate agency finally
determines that he is not entitled to benefits under the law
he is considered an [exhaustee if other provisions of this
definition are met, except that, in this subparagraph, the
reference to the Virgin Islands is not applicable on and
after the date on which the United States Secretary of Labor
approves the Unemployment Compensation Law of the Virgin
Islands under § 3304(a) of the Internal Revenue Code]
EXHAUSTEE.

(c) An individual shall be eligible to receive
extended benefits with respect to any week of unemployment
in his eligibility period only if the Executive Director
finds that with respect to that week: