Section 599. Career and related training; preservation of eligibility

1.
  Notwithstanding any other provision of this article,  a  claimant  shall
  not  become  ineligible  for  benefits because of the claimant's regular
  attendance in a program of training which the commissioner has approved.
  The  commissioner  shall  give  due  consideration   to   existing   and
  prospective  conditions  of  the  labor market in the state, taking into
  account  present  and  anticipated  supply  and  demand  regarding   the
  occupation  or  skill  to  which  the training relates, and to any other
  relevant factor. However, in no event  shall  the  commissioner  approve
  such training for a claimant unless:
    (a)  (1)  the  training  will upgrade the claimant's existing skill or
  train the claimant for an occupation likely to lead to more regular long
  term employment; or
    (2)  employment  opportunities  for  the  claimant  are  or   may   be
  substantially impaired because of:
    (i)  existing  or  prospective  conditions  of the labor market in the
  locality or in the state or reduced opportunities for employment in  the
  claimant's occupation or skill; or
    (ii)   technological   change,   plant   closing   or  plant  removal,
  discontinuance of specific plant operations, or similar reasons; or
    (iii) limited opportunities for employment throughout the year due  to
  the seasonal nature of the industry in which the claimant is customarily
  employed; or
    (iv)  the  claimant's  personal  traits  such  as  physical  or mental
  handicap; and
    (b) the training relates to an occupation or  skill  for  which  there
  are,  or  are  expected  to  be  in  the  immediate  future,  reasonable
  employment opportunities in the state; and
    (c) the training is offered by a competent  and  reliable  agency  and
  does not require more than twenty-four months to complete; and
    (d)  the  claimant  has  the  required qualifications and aptitudes to
  complete the training successfully.
    2. (a) Notwithstanding any other provision of this chapter, a claimant
  attending an approved training course or program under this section  may
  receive  additional  benefits  of  up to one hundred four effective days
  following exhaustion of regular and, if in effect,  any  other  extended
  benefits,  provided  that  entitlement  to a new benefit claim cannot be
  established. Certification of continued satisfactory  participation  and
  progress  in  such  training  course or program must be submitted to the
  commissioner prior to the payment of any such benefits. The duration  of
  such  additional  benefits  shall  in no case exceed twice the number of
  effective days of regular benefits to which the claimant is entitled  at
  the  time  the  claimant is accepted in, or demonstrates application for
  appropriate training.
    (b) No more than twenty million dollars of benefits per year shall  be
  made available for payment to claimants participating in such courses or
  programs.
    (c)  Participation  in  such  training  course or program shall not be
  limited to any selected areas or localities of the state but subject  to
  the  availability of funds, shall be available to any claimant otherwise
  eligible to participate in training courses or programs pursuant to this
  section.
    (d) The additional benefits paid to a claimant shall be charged to the
  general account.
    3. Notwithstanding any other provision of this article, a claimant who
  is in training approved under the federal trade act of nineteen  hundred
  seventy-four shall not be disqualified or become ineligible for benefits
  because  he  is  in such training or because he left employment which is

  not suitable employment to enter such  training.  For  purposes  hereof,
  "suitable  employment"  means  work  of  a substantially equal or higher
  skill level than the claimant's past adversely affected  employment  and
  for  which  the  remuneration  is  not  less  than eighty percent of the
  claimant's average weekly wage.