2021 Georgia Code
Title 34 - Labor and Industrial Relations
Chapter 8 - Employment Security
Article 7 - Benefits
§ 34-8-193. (See Editor's notes.) Determination of Weekly Benefit Amount

1. The weekly benefit amount of an individual's claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 42. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 21. Any fraction of a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must equal or exceed 40 times the weekly benefit amount. Regardless of the method of computation used, wages must have been paid for insured work, as defined in Code Section 34-8-41.
2. Weekly benefit amount entitlement as computed in this Code section for benefit years beginning on or after July 1, 2005, when the weekly benefit amount, as computed, would be more than $26.00 but less than $42.00, the individual's weekly benefit amount will be $42.00, and no weekly benefit amount shall be established for less than $42.00; provided, further, that for benefit years beginning on or after July 1, 2007, when the weekly benefit amount, as computed, would be more than $26.00 but less than $44.00, the individual's weekly benefit amount will be $44.00, and no weekly benefit amount shall be established for less than $44.00; provided, further, that for benefit years beginning on or after July 1, 2019, when the weekly benefit amount, as computed, would be more than $26.00 but less than $55.00, the individual's weekly benefit amount will be $55.00, and no weekly benefit amount shall be established for less than $55.00.
3. Weekly benefit amount entitlement as computed in this Code section shall not exceed these amounts for the applicable time period:
   1. For claims filed on or after July 1, 2005, but before July 1, 2006, the maximum weekly benefit amount shall not exceed $310.00;
   2. For claims filed on or after July 1, 2006, but before July 1, 2008, the maximum weekly benefit amount shall not exceed $320.00;
   3. For claims filed on or after July 1, 2008, but before July 1, 2019, the maximum weekly benefit amount shall not exceed $330.00; and
   4. For claims filed on or after July 1, 2019, the maximum weekly benefit amount shall not exceed $365.00.
4. 1. Except as otherwise provided in this subsection, the maximum benefits payable to an individual in a benefit year shall:
      1. For claims filed prior to June 14, 2020, be the lesser of:
         1. Fourteen times the weekly benefit amount, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent; or
         2. One-fourth of the base period wages; and
      2. For claims filed on or after June 14, 2020, be the lesser of:
         1. Fourteen times the weekly benefit amount, if this state's average unemployment rate is at or below 4.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 4.5 percent up to a maximum of 26 times the weekly benefit amount if this state's average unemployment rate exceeds 10 percent; or
         2. One-fourth of the base period wages.

         If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197.

   2. In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection whenever the average rate of total unemployment in this state, seasonally adjusted, as determined by the United States secretary of labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 11 percent, weekly unemployment compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a high-demand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. For claims filed prior to June 14, 2020, the total amount of unemployment compensation payable under this subsection to any individual shall be equal to 14 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent. For claims filed on or after June 14, 2020, the total amount of unemployment compensation payable under this subsection to any individual shall be equal to 14 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 4.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 4.5 percent up to a maximum of 26 times the weekly benefit amount if this state's average unemployment rate exceeds 10 percent. The provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for benefits under this subsection. Except when the result would be inconsistent with other provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection.
   3. As used in this subsection, the term "state's average unemployment rate" means the average of the adjusted state-wide unemployment rates as published by the department for the time periods of April 1 through April 30 and October 1 through October 31. The average of the adjusted state-wide unemployment rates for the time period of April 1 through April 30 shall be effective on and after July 1 of each year and shall be effective through December 31. The average of the adjusted state-wide unemployment rates for the time period of October 1 through October 31 shall be effective on and after January 1 of each year and shall be effective through June 30.
5. An otherwise eligible individual shall be paid the weekly benefit amount, less gross earnings in excess of an amount established by the Commissioner as promulgated by rules and regulations, payable to the individual applicable to the week for which benefits are claimed. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. Earnings equal to or less than the amount established by the Commissioner will not affect entitlement to benefits. The amount established by the Commissioner shall not be less than $50.00 nor shall it exceed $300.00. For the purpose of this subsection, jury duty pay shall not be considered as earnings.
6. 1. The amount of unemployment compensation payable to an individual for any week which begins in a period with respect to which such individual is receiving a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of such individual shall be reduced by an amount equal to the amount of such pension, retirement or retired pay, annuity, or other payment which is reasonably attributable to such week. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00.
   2. The requirements of this subsection shall apply to any pension, retirement or retired pay, annuity, or other similar periodic payment only if:
      1. Such pension, retirement or retired pay, annuity, or similar payment is under a plan maintained or contributed to by a base-period employer or chargeable employer as determined under applicable law; and
      2. Payments for services performed for such employer by the individual after the beginning of the base period affect eligibility for or increase the amount of such pension, retirement or retired pay, annuity, or similar payment, except in the case of pensions paid under the federal Social Security Act, the Railroad Retirement Act of 1974, or the corresponding provisions of prior law.
   3. The Commissioner shall take into consideration the amount contributed by the individual for the pension, retirement or retired pay, annuity, or other similar periodic payment and shall limit such reduction based on the percent share contributed by such individual. An individual who, while working, contributed 50 percent or more toward such plan shall not be subject to a reduction in the weekly benefit amount of the claim.
7. Between the filing of one benefit year claim and the filing of another benefit year claim, an individual must have performed services in bona fide employment and earned insured wages for such services. These wages for insured work must equal or exceed ten times the weekly benefit amount of the new claim in order to establish entitlement.
8. The wage credits and benefit rights of persons who entered the armed services of the United States during a national emergency are preserved for the period of their actual service and six months thereafter in accordance with regulations of the Commissioner.

(Code 1981, §34-8-193, enacted by Ga. L. 1991, p. 139, § 1; Ga. L. 1994, p. 640, § 4; Ga. L. 1996, p. 670, § 3; Ga. L. 1997, p. 831, §§ 2, 3; Ga. L. 1998, p. 1501, § 6; Ga. L. 1999, p. 449, § 8; Ga. L. 1999, p. 521, § 8; Ga. L. 2002, p. 1119, § 6; Ga. L. 2005, p. 1200, § 9/HB 520; Ga. L. 2007, p. 394, § 3/HB 443; Ga. L. 2008, p. 324, § 34/SB 455; Ga. L. 2009, p. 139, § 6/HB 581; Ga. L. 2012, p. 950, § 3/HB 347; Ga. L. 2014, p. 730, § 3/HB 714; Ga. L. 2019, p. 527, § 5/HB 373; Ga. L. 2020, p. 31, § 4/SB 408; Ga. L. 2020, p. 818, § 2-3/HB 1090.)

The 2019 amendment, effective May 6, 2019, rewrote subsections (b) and (c).

The 2020 amendments. The first 2020 amendment, effective June 29, 2020, added "For claims filed prior to June 14, 2020," at the beginning of subparagraph (d)(1)(A); redesignated former subparagraphs (d)(1)(A) and (d)(1)(B) as divisions (d)(1)(A)(i) and (d)(1)(A)(ii); added present subparagraph (d)(1)(B); and, in paragraph (d)(2), substituted "For claims filed prior to June 14, 2020, the" for "The" at the beginning of the fourth sentence and added the fifth sentence; and in subsection (e), deleted the paragraph (e)(1) designation, substituted "an amount established by the Commissioner as promulgated by rules and regulations" for "$30.00" in the first sentence, substituted "equal to or less than the amount established by the Commissioner" for "of $30.00 or less" in the third sentence, added the fourth sentence, and deleted former paragraph (e)(2), which read: "For claims filed on or after July 1, 2002, an otherwise eligible individual shall be paid the weekly benefit amount, less gross earnings in excess of $50.00, payable to the individual applicable to the week for which benefits are claimed. Such remaining benefit, if not a multiple of $1.00, shall be computed to the nearest multiple of $1.00. Earnings of $50.00 or less will not affect entitlement to benefits. For the purpose of this paragraph, jury duty pay shall not be considered as earnings." The second 2020 amendment, effective August 5, 2020, made identical changes except that "; and" appeared in lieu of a period at the end of division (d)(1)(A)(ii). See the Code Commission note regarding the effect of these amendments.

- Pursuant to Code Section 28-9-5, in 2020, the amendment of division (d)(1)(A)(ii) of this Code section by Ga. L. 2020, p. 31, § 4/SB 408, was treated as impliedly repealed and superseded by Ga. L. 2020, p. 818, § 2-3/HB1090, due to irreconcilable conflict.

- Ga. L. 1999, p. 449, § 1, and Ga. L. 1999, p. 521, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Workforce Reinvestment Act of 1999'."

For application of this statute in 2020, see Executive Order 03.26.20.01.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

Ga. L. 2009, p. 139, § 1/HB 581, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Works Job Creation and Protection Act of 2009.'"

- The federal Social Security Act and the federal Railroad Retirement Act of 1974, referred to in subparagraph (f)(2)(B), are codified at 42 U.S.C. § 301 et seq. and 45 U.S.C. § 231 et seq., respectively.

- For annual survey of labor and employment law, see 57 Mercer L. Rev. 251 (2005). For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 92 (2012). For article on the 2014 amendment of this Code section, see 31 Ga. St. U.L. Rev. 137 (2014). For annual survey on labor and employment law, see 71 Mercer L. Rev. 137 (2019). For note on the 2002 enactment of this chapter, see 19 Ga. St. U.L. Rev. 258 (2002).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1937, p. 806 and former Code Section 34-8-153, which was repealed by Ga. L. 1991, p. 139, § 1, effective January 1, 1992, are included in the annotations for this Code section.

- Provisions of former § 34-8-158(4) (see now O.C.G.A. § 34-8-194) providing for disqualification of benefits constitutes a list of exceptions to the general grant of such benefits contained in former § 34-8-153 (see now O.C.G.A. § 34-8-153). The general rule is that "statutes making exceptions to general rules must be strictly construed." Dalton Brick & Tile Co. v. Huiet, 102 Ga. App. 221, 115 S.E.2d 748 (1960) (decided under Ga. L. 1937, p. 806).

- Social security payments shall be offset against unemployment compensation. Metropolitan Atlanta Rapid Transit Auth. v. Barnholdt, 179 Ga. App. 312, 346 S.E.2d 105 (1986) (decided under former § 34-8-153).

- Trial court erred by failing to conclude that it was not proven that a claimant knowingly underreported income in order to obtain unemployment benefits because while the evidence may have established that the claimant was less than diligent in monitoring deposits and ascertaining the income received, such conduct was an insufficient basis for imposing fraud penalties pursuant to O.C.G.A. § 34-8-255. Charles v. Butler, 331 Ga. App. 336, 771 S.E.2d 43 (2015).

Cited in National Trailer Convoy, Inc. v. Undercofler, 109 Ga. App. 703, 137 S.E.2d 328 (1964); Massey v. Thiokol Chem. Corp., 368 F. Supp. 668 (S.D. Ga. 1973); Powell v. Dougherty Christian Academy, Inc., 215 Ga. App. 551, 451 S.E.2d 465 (1994).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes

- In light of the similarity of the statutory provisions, opinions decided under Ga. L. 1937, p. 806, are included in the annotations for this Code section.

- While it cannot categorically be said that under no circumstances could a substitute teacher ever, by virtue of employment as such, be entitled to unemployment compensation (each application would have to be evaluated on an individual basis), it would be extraordinarily rare for such a voluntarily, part-time only teacher to be able to meet the law's eligibility requirements. 1977 Op. Att'y Gen. No. 77-45 (decided under Ga. L. 1937, p. 806).

RESEARCH REFERENCES

Am. Jur. 2d.

- 76 Am. Jur. 2d, Unemployment Compensation, §§ 68 et seq., 74 et seq.

- 81 C.J.S., Social Security and Public Welfare, §§ 285, 286.

81 C.J.S., Social Security and Public Welfare, § 431 et seq.

81A C.J.S., Social Security and Public Welfare, § 583 et seq.

- Amount which employee, or one wrongfully denied employment, has earned, or might have earned, in other employment as affecting computation of amount to compensate him for loss of time due to unfair labor practice, 133 A.L.R. 1235; 144 A.L.R. 399.

Severance payments as affecting right to unemployment compensation, 93 A.L.R.2d 1319.

Eligibility of strikers to obtain public assistance, 57 A.L.R.3d 1303.

What constitutes participation or direct interest in, or financing of, labor dispute or strike within disqualification provisions of unemployment compensation acts, 62 A.L.R.3d 314.

Refusal of nonstriking employee to cross picket line as justifying denial of unemployment compensation benefits, 62 A.L.R.3d 380.