WILLIAM DONALD SCHAEFER, Governor                        Ch. 5

employer provides that all of the employees included in the
exemption shall return to work for that employer within 26 weeks,
and the Secretary determines that the work search exemption for
the affected employees will promote productivity and economic
stability within the State. However, such employees must comply
with the provisions of subsection (a) of this section and must be
able to work and otherwise available for work. Exemption may be
granted only with regard to a specific plant shutdown, and shall
not be construed to exempt any claimant from meeting the
requirements of this article that he is able to work and
otherwise fully available for work.

Provided further that notwithstanding any other provisions
of this subsection, no otherwise eligible individual shall be
denied benefits for any week because he is in training with the
approval of the Secretary, nor shall such individual be denied
benefits with respect to any week in which he is in training with
the approval of the Secretary by reason of the application of the
provisions in this subsection relating to availability for work
and active search for work or the provisions of § 6(d) of this
article relating to failure to apply for, or refusal to [accept]
ACCEPT, suitable work.

If the failure results from a summons before any court of
the United States or of any state to appear for jury duty, a
claimant may not be considered ineligible in any week for failing
to comply with the provisions of this subsection.

DRAFTER'S NOTE:

Error: Omitted comma in Article 95A, § 4(c).

Occurred: Ch. 790, Acts of 1971.

6.

(g) (1) For any week with respect to which the individual
is receiving or has received an amount, calculated pursuant to
[paragraphs] SUBPARAGRAPHS (i) and (ii) OF THIS PARAGRAPH, equal
to or in excess of his weekly benefit amount in the form of a
pension, annuity or retirement or retired pay, or any other
similar periodic payment which is based on any previous insured
work of the individual for a base period employer (but excluding
payments from a state or federal workmen's compensation program)
under a plan paid for in whole or in part by a base period
employer. (i) The entire amount which an individual received or
will receive with respect to a week in the form of a retirement
payment from a base period employing unit for which he performed
services and which pays all of the cost of such retirement
payment, or from a trust, annuity, profit sharing plan, or
insurance fund, or under an annuity or insurance contract, to or
under which a base period employing unit for which he performed
service pays or has paid all the premiums or contributions; and

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