A seasonal employee works six months a year and is a max earner. While not working he is a min earner. What is his TD rate out of season?

• A. Min
• B. Max
• C. Two-thirds of the average weekly earnings
• D. Two-thirds of average annual earnings from all employment

Answer: (D)

Out-of-season disability benefits for a seasonal worker are based on the worker’s overall earnings for the year, not just the current-season wages. The benefit rate is two-thirds of the average annual earnings from all employment. For someone who earns a lot in the six-month peak and little in the off-season, using all year’s earnings (across all jobs) yields the appropriate rate, rather than just looking at weekly or in-season figures. This approach keeps the benefit proportional to total earning history and avoids distortions from seasonality. Therefore, the correct choice is two-thirds of average annual earnings from all employment.