On appeal from the Board of Review, Division of Employment Security.
Fritz and Bischoff. The opinion of the court was delivered by Bischoff, J.A.D.
Claimant Shirley Schoenfeld appeals from a final decision of the Board of Review in the Department of Labor and Industry holding her ineligible for Special Unemployment Assistance benefits.
Claimant was employed as a Title I teacher's aide by the Lakewood Board of Education until June 25, 1976, when the schools closed for the summer. On July 10, 1976 she filed a claim for Special Unemployment Assistance (SUA). On July 22, 1976 she was held ineligible for SUA benefits for the reason that she was employed in an instructional capacity by an educational institution and had a contract or understanding to return to work for the board of education in the fall. She appealed to the Appeal Tribunal which, after a hearing, reached the same conclusion.
Her appeal to the Board of Review resulted in a remand for a rehearing. After rehearing, the Appeal Tribunal held that plaintiff had "at least an understanding to return to work in the Fall, if not more" and again held her ineligible for SUA benefits. The Board of Review affirmed.
Claimant's application for benefits was made under the Emergency Jobs and Unemployment Act of 1974, as amended by the Special Unemployment Assistance Act of 1975. 26 U.S.C.A. § 3304 n. § 201 et seq. (1978 pocket parts at 259 et seq.). The purpose of SUA is to "establish a temporary Federal program of special unemployment assistance for workers who are unemployed during a period of aggravated unemployment and who are not otherwise eligible for unemployment allowances under any other law." 26 U.S.C.A. § 3304 n. § 201.
The statute has been amended several times (see, Pub. L. 94-32; Pub. L. 94-45; Pub. L. 94-566). The section applicable to claimant's claim reads in pertinent part as follows:
An individual who performs services in an instructional, research, or principal administrative capacity for an educational institution or agency shall not be eligible to receive a payment of assistance or
a waiting period credit with respect to any week commencing during the period between two successive academic years (or, when the contract provides instead for a similar period between two regular but not successive terms, during such similar period) if --
(1) such individual performed services in any such capacity for any educational institution or agency in the first of such academic years or terms; and
(2) such individual has a contract to perform services in any such capacity for any educational institution or agency for the ...