108.04(16)(a)(a) Benefits shall not be reduced under
sub. (1) (a), or denied under
sub. (2) or
(8) or
s. 108.141 (3g) to any otherwise eligible individual for any week because the individual is enrolled in a full-time course of vocational training or basic education which is a prerequisite to such training, provided it is determined that:
108.04(16)(a)1.
1. The individual possesses aptitudes or skills which can be usefully supplemented by training; and
108.04(16)(a)2.
2. The course is expected to increase the individual's opportunities to obtain employment, does not grant substantial credit leading to a bachelor's or higher degree, and is given by a school established under
s. 38.02 or other training institution approved by the department; and
108.04(16)(a)3.
3. The individual can reasonably be expected to complete the training course successfully, and to find and accept work; and
108.04(16)(a)4.
4. The individual attended the training course full time during the given training week or had good cause for failing to do so, and is making satisfactory progress in the course. The department may require the training institution to file a certification showing the individual's attendance and progress.
108.04(16)(b)
(b) The requalifying employment requirement under
subs. (7) and
(8) and the general qualifying requirements under
sub. (2) do not apply to an individual as a result of the individual's enrollment in training or leaving unsuitable work to enter or continue training under
19 USC 2296.
108.04(16)(c)
(c) Benefits may not be denied to an otherwise eligible individual under
par. (a) who is enrolled in a program under the plan of any state for training for dislocated workers under
29 USC 1661, notwithstanding the failure of such training to meet any of the requirements of
par. (a) 1. to
4.
108.04(17)(a)(a) A school year employe of an educational institution who performs services in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(a)1.
1. During the period between 2 successive academic years or terms, if the school year employe performed such services for an educational institution in the first such year or term and if there is reasonable assurance that he or she will perform such services for an educational institution in the 2nd such year or term; or.
108.04(17)(a)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employe provides for such a period, if the school year employe performed such services for an educational institution in the first such term and if there is reasonable assurance that he or she will perform such services for an educational institution in the 2nd such term.
108.04(17)(b)
(b) A school year employe of a government unit or nonprofit organization which provides services to or on behalf of an educational institution who performs services in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(b)1.
1. During the period between 2 successive academic years or terms, if the school year employe performed such services for such a government unit or nonprofit organization in the first such year or term and if there is reasonable assurance that he or she will perform such services for such a government unit or nonprofit organization in the 2nd such year or term; or
108.04(17)(b)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employe provides for such a period, if the school year employe performed such services for such a government unit or nonprofit organization in the first such term and if there is reasonable assurance that he or she will perform such services for such a government unit or nonprofit organization in the 2nd such term.
108.04(17)(c)
(c) A school year employe of an educational service agency who performs services in an instructional, research or principal administrative capacity, and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs:
108.04(17)(c)1.
1. During the period between 2 successive academic years or terms, if the school year employe performed such services for an educational service agency in the first such year or term and if there is reasonable assurance that he or she will perform such services for an educational service agency in the 2nd such year or term; or
108.04(17)(c)2.
2. During the period between 2 regular but not successive academic terms, when an agreement between an employer and a school year employe provides for such a period, if the school year employe performed such services for an educational service agency in the first such term and if there is reasonable assurance that he or she will perform such services for an educational service agency in the 2nd such term.
108.04(17)(d)
(d) A school year employe of an educational institution who performs services other than in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employe performed such services for an educational institution in the first such year or term and there is reasonable assurance that he or she will perform such services for an educational institution in the 2nd such year or term.
108.04(17)(e)
(e) A school year employe of a government unit or nonprofit organization which provides services to or on behalf of an educational institution who performs services other than in an instructional, research or principal administrative capacity is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employe performed such services for such a government unit or nonprofit organization in the first such year or term and there is reasonable assurance that he or she will perform such services for such a government unit or nonprofit organization in the 2nd such year or term.
108.04(17)(f)
(f) A school year employe of an educational service agency who performs services other than in an instructional, research or principal administrative capacity, and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs during a period between 2 successive academic years or terms if the school year employe performed such services for an educational service agency in the first such year or term and there is reasonable assurance that he or she will perform such services for an educational service agency in the 2nd such year or term.
108.04(17)(g)
(g) A school year employe of an educational institution who performs services as described in
par. (a) or
(d) is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employe performed such services for an educational institution in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that he or she will perform the services described in
par. (a) or
(d) for an educational institution in the period immediately following the vacation period or holiday recess.
108.04(17)(h)
(h) A school year employe of a government unit or nonprofit organization which provides services to or on behalf of an educational institution who performs the services described in
par. (b) or
(e) is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employe performed such services for such a government unit or nonprofit organization in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that the school year employe will perform the services described in
par. (b) or
(e) for such a government unit or nonprofit organization in the period immediately following the vacation period or holiday recess.
108.04(17)(i)
(i) A school year employe of an educational service agency who performs the services described in
par. (c) or
(f), and who provides such services in an educational institution or to or on behalf of an educational institution, is ineligible for benefits based on such services for any week of unemployment which occurs during an established and customary vacation period or holiday recess if the school year employe performed such services for an educational service agency in the period immediately before the vacation period or holiday recess, and there is reasonable assurance that the school year employe will perform the services described in
par. (c) or
(f) for an educational service agency in the period immediately following the vacation period or holiday recess.
108.04(17)(j)
(j) A school year employe who did not establish a benefit year prior to becoming ineligible to receive benefits under
pars. (a) to
(i) may establish a benefit year on or after that date if the school year employe qualifies to establish a benefit year under
s. 108.06 (2) (a), but the wages paid the school year employe for any week during which
pars. (a) to
(i) apply shall be excluded from the school year employe's base period wages under
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) for any week during which
pars. (a) to
(i) apply. A school year employe who established a benefit year prior to becoming ineligible to receive benefits under
pars. (a) to
(i) may receive benefits based on employment with other employers during the benefit year only if he or she has base period wages from such employment sufficient to qualify for benefits under
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) for any week during which
pars. (a) to
(i) apply.
108.04(17)(k)
(k) If benefits are reduced or denied to a school year employe who performed services other than in an instructional, research or principal administrative capacity under
pars. (d) to
(f), and the department later determines that the school year employe was not offered an opportunity to perform such services for the employer in the 2nd academic year or term, the department shall recompute the school year employe's base period wages under
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) and shall make retroactive payment of benefits for each week of such reduction or denial if the school year employe:
108.04(17)(k)1.
1. Establishes a benefit year for the period for which retroactive payment is to be made, in the manner prescribed by rule of the department, if the school year employe has not established such a benefit year;
108.04(17)(k)2.
2. Files a claim under
s. 108.08 for each week of reduction or denial in the manner prescribed by rule of the department; and
108.04(17)(k)3.
3. Was otherwise eligible to receive benefits for those weeks.
108.04(18)(a)(a) The wages paid to an employe who performed services while the employe was an alien shall, if based on such services, be excluded from the employe's base period wages for purposes of
sub. (4) (a) and
ss. 108.05 (1) and
108.06 (1) unless the employe is an alien who was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for the purpose of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212 (d) (5) of the federal immigration and nationality act (
8 USC 1182 (d) (5)). All claimants shall be uniformly required to provide information as to whether they are citizens and, if they are not, any determination denying benefits under this subsection shall not be made except upon a preponderance of the evidence.
108.04(18)(am)
(am) Paragraph (a) does not preclude an employe from establishing a benefit year during a period in which the employe is ineligible to receive benefits under
par. (a) if the employe qualifies to establish a benefit year under
s. 108.06 (2) (a).
108.04(18)(b)
(b) Any amendment of s. 3304 (a) (14) of the federal unemployment tax act specifying conditions other than as stated in
par. (a) for denial of benefits based on services performed by aliens, or changing the effective date for required implementation of
par. (a) or such other conditions, which is a condition of approval of this chapter for full tax credit against the tax imposed by the federal unemployment tax act, shall be applicable to this subsection.
108.04(19)
(19) Professional athletes. An employe who performs services substantially all of which consist of participating in sports or athletic events, or training or preparing to so participate, shall be ineligible for benefits based on any employment for any week of unemployment which occurs during the period between 2 successive sport seasons or similar periods if the employe performed such services in the first such season or period and there is a reasonable assurance that the employe will perform such services in the 2nd such season or period.
108.04 History
History: 1971 c. 40,
42,
53,
211;
1973 c. 247;
1975 c. 24,
343;
1977 c. 127,
133,
286,
418;
1979 c. 52,
176;
1981 c. 28,
36,
315,
391;
1983 a. 8,
27,
99,
168;
1983 a. 189 s.
329 (28);
1983 a. 337,
384,
468,
538;
1985 a. 17,
29,
40;
1987 a. 38 ss.
23 to
59,
107,
136;
1987 a. 255,
287,
403;
1989 a. 77;
1991 a. 89;
1993 a. 112,
122,
373,
492;
1995 a. 118,
417,
448.
108.04 Annotation
Employes at Wisconsin terminals of trucking companies laid off as a result of a strike at the Chicago terminal are eligible for unemployment compensation because the Chicago terminal is a separate establishment. Liberty Trucking Co. v. ILHR Dept. 57 W (2d) 331, 204 NW (2d) 457.
108.04 Annotation
In (9) the words "new work" include indefinitely laid off employes who are recalled as well as new job applicants. The department must determine whether a laid-off employe had good cause for refusing work on a different shift with a higher pay scale. Allen-Bradley Co. v. ILHR Dept. 58 W (2d) 1, 205 NW (2d) 129.
108.04 Annotation
When a union which had given a notice of contract termination withdrew it before a strike began, there was no labor dispute in progress when the employer later closed the plant. Kansas City Star Co. v. ILHR Dept. 60 W (2d) 591, 211 NW (2d) 488.
108.04 Annotation
Sub. (10) discussed in concurring and dissenting opinions on rehearing. Kansas City Star Co. v. ILHR Dept. 62 W (2d) 783, 217 NW (2d) 666.
108.04 Annotation
An employe was guilty of misconduct as a matter of law under (5) and (6) because his reaction put a dangerous object in the air and thereby endangered the safety of anyone in its path. McGraw-Edison Co. v. ILHR Dept. 64 W (2d) 703, 221 NW (2d) 677.
108.04 Annotation
Where the self-employed claimant was both the employe and the employer he could not disassociate the fault or misfortune of himself as an employer so as to become eligible for unemployment benefits under (7) (b). Fish v. White Equip. Sales & Service, Inc. 64 W (2d) 737, 221 NW (2d) 864.
108.04 Annotation
Masons unemployed because their employer locked out masons' laborers were ineligible under (10) for benefits because masons would be working "but for" a bona fide labor dispute. De Leeuw v. DILHR, 71 W (2d) 446, 238 NW (2d) 706.
108.04 Annotation
Employer's grooming code may be justified notwithstanding employes' constitutional right to choice of hairstyle. Consolidated Const. Co., Inc. v. Casey, 71 W (2d) 811, 238 NW (2d) 758.
108.04 Annotation
Where record of a meeting indicated that employes would not be rehired, (10) did not apply and employes were eligible for benefits subsequent to discharge. Carley Ford, Lincoln, Mercury v. Bosquette, 72 W (2d) 569, 241 NW (2d) 596.
108.04 Annotation
"Fault" under (1) (f), in context of employe's failure to pass licensing examination, means blameworthy or negligent conduct, not incompetence. Milwaukee County v. DILHR, 80 W (2d) 445, 259 NW (2d) 118.
108.04 Annotation
Picketing in violation of collective bargaining agreement was misconduct under (6) (a). Universal Foundry Co. v. ILHR Dept. 86 W (2d) 582, 273 NW (2d) 324 (1979).
108.04 Annotation
Indefinite layoff severed employment relationship. A. O. Smith Corp. v. ILHR Dept. 88 W (2d) 262, 276 NW (2d) 279 (1979).
108.04 Annotation
Where sole shareholders were also sole employes, their decision as shareholders to file for voluntary bankruptcy disqualified them for unemployment benefits. Hanmer v. ILHR Dept. 92 W (2d) 90, 284 NW (2d) 587 (1979).
108.04 Annotation
Employe who refused on religious grounds to pay mandatory union dues did not voluntarily terminate employment under (7) (a). Nottelson v. DILHR, 94 W (2d) 106, 287 NW (2d) 763 (1980).
108.04 Annotation
Employe who voluntarily terminated parttime employment which, prior to termination, had not affected eligibility, became ineligible under (7) (a). Ellingson v. DILHR, 95 W (2d) 710, 291 NW (2d) 649 (Ct. App. 1980).
108.04 Annotation
Employe who was transferred to workplace 25 miles away and who did not receive pay increase to cover increased commuting costs had good cause to quit. Farmers Mill of Athens, Inc. v. DILHR, 97 W (2d) 576, 294 NW (2d) 39 (Ct. App. 1980).
108.04 Annotation
Falsification with respect to criminal record on employment application constitutes "misconduct" under (5), regardless of materiality to employe's particular job. Miller Brewing Co. v. DILHR, 103 W (2d) 496, 308 NW (2d) 922 (Ct. App. 1981).
108.04 Annotation
Objective test for misconduct discussed. Wehr Steel Co. v. DILHR, 106 W (2d) 111, 315 NW (2d) 357 (1982).
108.04 Annotation
Sub. (10) does not deny equal protection to nonstriking workers laid off because of a strike. Jenks v. DILHR, 107 W (2d) 714, 321 NW (2d) 347 (Ct. App. 1982).
108.04 Annotation
Under (1) or (7), pregnant employe who could not perform her specific job but could do other work was eligible for benefits. Rhinelander Paper Co., Inc. v. DILHR, 120 W (2d) 162, 352 NW (2d) 679 (Ct. App. 1984).
108.04 Annotation
Teacher who forgot to accept employment offer under 118.22 (2) and who was consequently terminated did not voluntarily terminate employment under 108.04 (7). Nelson v. LIRC, 123 W (2d) 221, 365 NW (2d) 629 (Ct. App. 1985).
108.04 Annotation
Claimant who was physically able to perform less than 15% of jobs in job market was ineligible under (2) (a). Brooks v. LIRC, 138 W (2d) 106, 405 NW (2d) 705 (Ct. App. 1987).
108.04 Annotation
Under (10) (d) "lockout" requires that employer physically bar employes' entrance into workplace; there is no inquiry into cause for work stoppage. Trinwith v. LIRC, 149 W (2d) 634, 439 NW (2d) 581 (Ct. App. 1989).
108.04 Annotation
"Reasonable assurance" under (17) (b) is written, implied or verbal agreement pursuant to which employe will perform similar services during following academic term. Farrell v. LIRC, 147 W (2d) 476, 433 NW (2d) 269 (Ct. App. 1988).
108.04 Annotation
Federal immigration act did not retroactively confer PRUCOL status on alien for compensation purposes under (18). Pickering v. LIRC, 156 W (2d) 361, 456 NW (2d) 874 (Ct. App. 1990).
108.04 Annotation
Teacher was entitled to unemployment benefits during summer break between academic years where teacher was permanently employed for all of first academic year but was offered employment as long term substitute for first semester of second academic year. DILHR v. LIRC, 161 W (2d) 231, 467 NW (2d) 545 (1991).
108.04 Annotation
Sub. (17) (c), 1989 stats., (now (17) (g)), is not applicable to teacher who qualified for benefits although working periodically as substitute. Wanish v. LIRC, 163 W (2d) 901, 472 NW (2d) 596 (Ct. App. 1991).
108.04 Annotation
Employment offers by temporary employment agency at rates substantially lower than prevailing rates for similar work was "good cause" under sub. (7) (b); sub. (7) (f) does not preclude a finding of "good cause" where the offered wage is more than two-thirds of the prior wage. Cornwell Personnel Associates v. LIRC, 175 W (2d) 537, 499 NW (2d) 705 (Ct. App. 1993).
108.04 Annotation
Intent of sub. (16) (b) discussed. Murphy v. LIRC, 183 W (2d) 205, 515 NW (2d) 487 (Ct. App. 1994).
108.04 Annotation
``Suitable work" as used in sub. (8) (a) and ``became unemployed" as used in sub. (8) (d) defined. Hubert v. LIRC, 186 W (2d) 590, 522 NW (2d) 512 (Ct. App. 1994).
108.04 Annotation
Sub. (8) (d) describes a situation where "good cause" under sub. (8) (a) must be found. It does not mean there is no "good cause" if its conditions are not met. DILHR v. LIRC, 193 W (2d) 391, 535 NW (2d) 6 (Ct. App. 1995).
108.04 Annotation
Excessive tardiness which disrupted an office work schedule rose to the level of misconduct under sub. (5). Charette v. LIRC, 196 W (2d) 956, 540 NW (2d) 239 (Ct. App. 1995).
108.04 Annotation
A reasonable assurance of employment under sub. (17) (a) 1. requires an offer of employment under similar terms and circumstances, including location. Jobs 180 miles apart are not similar, and the offer of such a job does not terminate benefits. Bunker v. LIRC, 197 W (2d) 606, 541 NW (2d) 168 (Ct. App. 1995).
108.04 Annotation
See note to Art I, sec. 18, citing Thomas v. Review Bd. Ind. Empl. Sec. Div. 450 US 707 (1981).
108.04 Annotation
Voluntary termination not found where there is meritorious excuse for refusal to pay union dues based on religious ground. 64 MLR 203 (1980).
108.04 Annotation
Unemployment compensation - An examination of Wisconsin's "active progress" labor dispute disqualification provision. 1982 WLR 907.
108.04 Annotation
Winning denials of unemployment compensation claims. Thorne. WBB June 1983.
108.05
108.05
Amount of benefits. 108.05(1)(f)(f) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 1, 1995, and before January 7, 1996, at the weekly benefit rate specified in this paragraph. Unless
sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under
s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (f) following]
-
See PDF for table 
108.05(1)(g)
(g) -
See PDF for diagram Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 7, 1996, and before January 5, 1997, at the weekly benefit rate specified in this paragraph. Unless
sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under
s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (g) following]
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See PDF for table 108.05(1)(h)
(h) Each eligible employe shall be paid benefits for each week of total unemployment which commences on or after January 5, 1997, at the weekly benefit rate specified in this paragraph. Unless
sub. (1m) applies, the weekly benefit rate shall equal 4% of the employe's base period wages which were paid during that quarter of the employe's base period in which the employe was paid the highest total wages, rounded down to the nearest whole dollar, except that if that amount is less than the minimum amount shown in the following schedule, no benefits are payable to the employe and if that amount is more than the maximum amount shown in the following schedule, the employe's weekly benefit rate shall be the maximum amount shown in the following schedule and except that if the employe's benefits are exhausted during any week under
s. 108.06 (1), the employe shall be paid the remaining amount of benefits payable to the employe in lieu of the amount shown in the following schedule: [See Figure 108.05 (1) (h) following]
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See PDF for table 108.05(1m)
(1m) Final payments in certain cases. Whenever, as of the beginning of any week, the difference between the maximum amount of benefits potentially payable to an employe, as computed under this section and
s. 108.06 (1), and the amount of benefits otherwise payable to the employe for that week is $5 or less, the benefits payable to the employe for that week shall be that maximum amount.
108.05(2)
(2) Semiannual adjustment of maximum and minimum benefit rates. 108.05(2)(a)(a) This chapter's maximum weekly benefit rate, as to weeks of unemployment in a given half year starting January 1 or July 1 shall be based on the "average wages per average week" of the preceding "base year", ended 6 months before the starting date of the given half year, pursuant to this subsection.
108.05(2)(b)
(b) The department shall determine by each December 1 and June 1 for the last completed base year, ended June 30 or December 31 respectively, from reports to the department submitted by employers other than government units financing benefits under
s. 108.15 covering their employes in employment and any corrections thereof filed by September 30 or March 31 for that base year:
108.05(2)(b)1.
1. The gross wages thus reported by all such employers as paid in that year for such employment; and
108.05(2)(b)2.
2. The average of the 12 mid-month totals of all such employes in employment thus reported for that year; and
108.05(2)(b)3.
3. The quotient obtained by dividing said gross wages by said average; and
108.05(2)(b)4.
4. The amount, called "average wages per average week" in this section, obtained by dividing such quotient by 52.
108.05(2)(c)
(c) This chapter's maximum weekly benefit rate, as to weeks of unemployment in the ensuing half year, shall equal the result obtained by rounding 66-2/3% of the "average wages per average week" to the nearest multiple of one dollar, and the minimum weekly benefit rate shall be an amount which is 19% of the maximum rate and adjusted, if not a multiple of one dollar, to the next lower multiple of one dollar.
108.05(2)(d)
(d) Whenever, for any half year ending on June 30 or December 31, the new maximum and minimum weekly benefit rates are higher or lower than the rate for the previous half year in the current benefit rate schedule, the department shall amend the starting lines and wage classes so that the first line shows the quarterly wages below the least amount necessary to qualify for the minimum weekly benefit rate and the 2nd line shows the new minimum weekly benefit rate and the highest quarterly wage class to which it applies. The department shall amend the closing lines so that the next to last line shows a weekly benefit rate which is $1 less than the new maximum weekly benefit rate and the quarterly wage class to which it applies and the last line shows the new maximum weekly benefit rate and a quarterly wage class which starts one cent above the higher wage figure of the next to last line and ranges upward without limit. The department shall consecutively number the intervening lines of the schedule with a separate line for each $1 change in weekly benefit rate and the applicable quarterly wage class for each weekly benefit rate.
108.05(2)(e)
(e) The department shall publish as a class 1 notice under
ch. 985 the "average wages per average week", the corresponding maximum and minimum weekly benefit rates, and the resulting schedule of quarterly wage classes and weekly benefit rates within 10 days after each determination. The schedule shall then apply to all weeks of unemployment in the ensuing half year.
108.05(2)(f)
(f) The department shall certify such schedule to the revisor of statutes, who shall when publishing the statutes include the latest such schedule then available.
