(1) An unemployed individual shall be eligible to receive waiting period credits or benefits with respect to any week in his or her eligibility period only if the commissioner finds that:

     (a) He or she has registered for work at, and thereafter has continued to report at, an employment office in accordance with such regulation as the commissioner may prescribe, except that the commissioner may by regulation waive or alter either or both of the requirements of this subdivision as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which the commissioner finds that the compliance with such requirements would be oppressive, or would be inconsistent with the purposes of this title;

     (b) He or she has filed an application for an initial determination and made a claim for waiting period credit or for benefits in accordance with the provisions of this title;

     (c) He or she is able to work, and is available for work in any trade, occupation, profession, or business for which he or she is reasonably fitted.

     (i) With respect to claims that have an effective date before January 4, 2004, to be available for work an individual must be ready, able, and willing, immediately to accept any suitable work which may be offered to him or her and must be actively seeking work pursuant to customary trade practices and through other methods when so directed by the commissioner or the commissioner’s agents.

     (ii) With respect to claims that have an effective date on or after January 4, 2004, to be available for work an individual must be ready, able, and willing, immediately to accept any suitable work which may be offered to him or her and must be actively seeking work pursuant to customary trade practices and through other methods when so directed by the commissioner or the commissioner’s agents. If a labor agreement or dispatch rules apply, customary trade practices must be in accordance with the applicable agreement or rules;

     (d) He or she has been unemployed for a waiting period of one week;

     (e) He or she participates in reemployment services if the individual has been referred to reemployment services pursuant to the profiling system established by the commissioner under RCW 50.20.011, unless the commissioner determines that:

     (i) The individual has completed such services; or

     (ii) There is justifiable cause for the claimant’s failure to participate in such services; and

     (f) As to weeks beginning after March 31, 1981, which fall within an extended benefit period as defined in RCW 50.22.010, the individual meets the terms and conditions of RCW 50.22.020 with respect to benefits claimed in excess of twenty-six times the individual’s weekly benefit amount.

     (2) An individual’s eligibility period for regular benefits shall be coincident to his or her established benefit year. An individual’s eligibility period for additional or extended benefits shall be the periods prescribed elsewhere in this title for such benefits.

[2006 c 13 § 10. Prior: 2003 2nd sp.s. c 4 § 3; 1995 c 381 § 1; 1981 c 35 § 3; 1973 c 73 § 6; 1970 ex.s. c 2 § 4; 1959 c 266 § 3; 1953 ex.s. c 8 § 7; 1951 c 265 § 9; 1951 c 215 § 11; 1949 c 214 § 9; 1945 c 35 § 68; Rem. Supp. 1949 § 9998-206; prior: 1943 c 127 § 2; 1941 c 253 §§ 1, 2; 1939 c 214 § 2; 1937 c 162 § 4.]

Notes:

     Retroactive application — 2006 c 13 §§ 8-22: See note following RCW 50.04.293.

     Conflict with federal requirements — Part headings not law — Severability — 2006 c 13: See notes following RCW 50.20.120.

     Conflict with federal requirements — Severability — Effective date — 2003 2nd sp.s. c 4: See notes following RCW 50.01.010.

     Conflict with federal requirements — 1995 c 381: “If any part of this act is found to be in conflict with federal requirements that are a prescribed condition to the allocation of federal funds to the state or the eligibility of employers in this state for federal unemployment tax credits, the conflicting part of this act is hereby declared to be inoperative solely to the extent of the conflict, and such finding or determination shall not affect the operation of the remainder of this act. The rules under this act shall meet federal requirements that are a necessary condition to the receipt of federal funds by the state or the granting of federal unemployment tax credits to employers in this state.” [1995 c 381 § 5.]

     Effective date — 1995 c 381: “This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 16, 1995].” [1995 c 381 § 6.]

     Construction — Effective dates — Severability — 1981 c 35: See notes following RCW 50.22.030.

     Effective dates — 1973 c 73: See note following RCW 50.04.030.

     Effective date — 1970 ex.s. c 2: See note following RCW 50.04.020.

     Severability — 1951 c 265: See note following RCW 50.98.070.

Government or retirement pension plan payments as remuneration or wages — Recovery of excess over benefits allowable, limitations: RCW 50.04.323.