INTERPRETATION NO. 263 - supp - 1

TO: Employment Security Commission

FROM: T. S. Whitaker, Chief Counsel

SUBJECT: Between Terms Denial

Recently the General Assembly amended G.S. 96-13(b)(1) by deleting the period at the end of the last sentence and adding the following words and punctuation: or who performed such services in an educational institution while in the employ of an educational service agency, and for this purpose the term “educational service agency” means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

The amendment applies to all claims weeks beginning on or after March 3, 1985. The effect of this amendment is that individuals who are performing services is an educational institution and who are employed by non-governmental educational service agencies are not denied benefits due to the “between terms” provision. For example, food service workers at a college who are employed by a private caterer are not to be denied benefits while the cafeteria or snack bar is closed at Christmas or Spring Break.

Adopted as an official Interpretation by the Commission on April 12, 1985.