2015 Indiana Code TITLE 22. LABOR AND SAFETY ARTICLE 4. UNEMPLOYMENT COMPENSATION SYSTEM CHAPTER 12. BENEFITS SCHEDULE
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IC 22-4-12
Chapter 12. Benefits Schedule
IC 22-4-12-0.1
Application of certain amendments to chapter
Sec. 0.1. The amendments made to section 4 of this chapter by
P.L.172-1991 apply to individuals who file a disaster unemployment
claim or a state unemployment insurance claim after June 1, 1990,
and before June 2, 1991, or during a period to be determined by the
general assembly.
As added by P.L.220-2011, SEC.365.
IC 22-4-12-1
Eligibility; payment; death
Sec. 1. Benefits designated as unemployment insurance benefits
shall become payable from the fund to any individual who is or
becomes unemployed and eligible for benefits under the terms of this
article. All benefits shall be paid through the department or such
other agencies as the department by rule may designate at such times
and in such manner as the department may prescribe. The department
may adopt rules to provide for the payment of benefits due and
payable on executed vouchers to persons since deceased; benefits so
due and payable may be paid to the legal representative, dependents,
or next of kin of the deceased as are found to be entitled thereto,
which rules need not conform with the laws of the state governing
decedent estates, and every such payment shall be deemed a valid
payment to the same extent as if made to the legal representative of
the deceased.
(Formerly: Acts 1947, c.208, s.1201.) As amended by P.L.144-1986,
SEC.101; P.L.108-2006, SEC.22.
IC 22-4-12-2
Rates; prior weekly wage computation
Sec. 2. (a) With respect to initial claims filed for any week
beginning on and after July 1, 1997, and before July 1, 2012, each
eligible individual who is totally unemployed (as defined in
IC 22-4-3-1) in any week in the individual's benefit period shall be
paid for the week, if properly claimed, benefits at the rate of:
(1) five percent (5%) of the first two thousand dollars ($2,000)
of the individual's wage credits in the calendar quarter during
the individual's base period in which the wage credits were
highest; and
(2) four percent (4%) of the individual's remaining wage credits
in the calendar quarter during the individual's base period in
which the wage credits were highest.
(b) With respect to initial claims filed for any week beginning on
and after July 1, 2012, each eligible individual who is totally
unemployed (as defined in IC 22-4-3-1) in any week in the
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individual's benefit period shall be paid for the week, if properly
claimed, an amount equal to forty-seven percent (47%) of the
individual's prior average weekly wage, rounded (if not already a
multiple of one dollar ($1)) to the next lower dollar. However, the
maximum weekly benefit amount may not exceed three hundred
ninety dollars ($390).
(c) For purposes of this section, "prior average weekly wage"
means the result of:
(1) the individual's total wage credits during the individual's
base period; divided by
(2) fifty-two (52).
(Formerly: Acts 1947, c.208, s.1202; Acts 1951, c.307, s.2; Acts
1955, c.274, s.1; Acts 1957, c.294, s.2; Acts 1959, c.97, s.2; Acts
1965, c.190, s.7; Acts 1967, c.310, s.16; Acts 1971, P.L.355, SEC.26;
Acts 1973, P.L.240, SEC.1; Acts 1974, P.L.110, SEC.1.) As amended
by Acts 1976, P.L.114, SEC.3; Acts 1977, P.L.262, SEC.21; Acts
1980, P.L.158, SEC.2; P.L.129-1984, SEC.1; P.L.34-1985, SEC.5;
P.L.18-1987, SEC.39; P.L.171-1991, SEC.3; P.L.1-1992, SEC.109;
P.L.23-1993, SEC.129; P.L.202-1993, SEC.5; P.L.1-1994, SEC.113;
P.L.21-1995, SEC.75; P.L.166-1996, SEC.1; P.L.259-1997(ss),
SEC.4; P.L.235-1999, SEC.10; P.L.2-2011, SEC.11.
IC 22-4-12-2.1
Repealed
(As added by P.L.242-1987, SEC.1. Repealed by P.L.175-2009,
SEC.48.)
IC 22-4-12-3
Amount; inability to work; unavailable for work
Sec. 3. The weekly benefit amount of any otherwise eligible
individual shall be reduced by one-third (1/3) thereof, computed to
the next lower multiple of one dollar ($1.00), for each normal work
day during which such individual is unable to work or is unavailable
for work.
(Formerly: Acts 1947, c.208, s.1203.) As amended by P.L.227-1983,
SEC.6.
IC 22-4-12-4
Computation; maximum amount
Sec. 4. (a) Benefits shall be computed upon the basis of wage
credits of an individual in the individual's base period. Wage credits
shall be reported by the employer and credited to the individual in the
manner prescribed by the board. With respect to initial claims filed
for any week beginning on and after July 7, 1991, the maximum total
amount of benefits payable to any eligible individual during any
benefit period shall not exceed twenty-six (26) times the individual's
weekly benefit, or twenty-eight percent (28%) of the individual's
wage credits with respect to the individual's base period, whichever
is less. If such maximum total amount of benefits is not a multiple of
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one dollar ($1), it shall be computed to the next lower multiple of one
dollar ($1).
(b) Except as provided in subsection (d), the total extended benefit
amount payable to any eligible individual with respect to the
individual's applicable benefit period shall be fifty percent (50%) of
the total amount of regular benefits (including dependents'
allowances) which were payable to the individual under this article
in the applicable benefit year, or thirteen (13) times the weekly
benefit amount (including dependents' allowances) which was
payable to the individual under this article for a week of total
unemployment in the applicable benefit year, whichever is the lesser
amount.
(c) This subsection applies to individuals who file a disaster
unemployment claim or a state unemployment insurance claim after
June 1, 1990, and before June 2, 1991, or during another time
specified in another state statute. An individual is entitled to thirteen
(13) weeks of additional benefits, as originally determined, if:
(1) the individual has established:
(A) a disaster unemployment claim under the Stafford
Disaster Relief and Emergency Assistance Act; or
(B) a state unemployment insurance claim as a direct result
of a major disaster;
(2) all regular benefits and all disaster unemployment assistance
benefits:
(A) have been exhausted by the individual; or
(B) are no longer payable to the individual due to the
expiration of the disaster assistance period; and
(3) the individual remains unemployed as a direct result of the
disaster.
(d) For purposes of this subsection, "high unemployment period"
means a period during which an extended benefit period would be in
effect if IC 22-4-2-34(d)(1) were applied by substituting "eight
percent (8%)" for "six and five-tenths percent (6.5%)". Effective with
respect to weeks beginning in a high unemployment period, the total
extended benefit amount payable to an eligible individual with
respect to the applicable benefit year is equal to the least of the
following amounts:
(1) Eighty percent (80%) of the total amount of regular benefits
that were payable to the eligible individual under this article in
the applicable benefit year.
(2) Twenty (20) times the weekly benefit amount that was
payable to the eligible individual under this article for a week of
total unemployment in the applicable benefit year.
(3) Forty-six (46) times the weekly benefit amount that was
payable to the eligible individual under this article for a week of
total unemployment in the applicable benefit year, reduced by
the regular unemployment compensation benefits paid (or
deemed paid) during the benefit year.
This subsection expires on the later of December 5, 2009, or the week
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ending four (4) weeks before the last week for which federal sharing
is authorized by Section 2005(a) of Division B, Title II (the federal
Assistance to Unemployed Workers and Struggling Families Act) of
the federal American Recovery and Reinvestment Act of 2009 (P.L.
111-5).
(e) For purposes of this subsection, "high unemployment period"
means a period during which an extended benefit period would be in
effect if IC 22-4-2-34(n)(1) were applied by substituting "eight
percent (8%)" for "six and one-half percent (6.5%)". Effective with
respect to weeks of unemployment beginning after March 1, 2011,
and ending on the later of December 10, 2011, or the week ending
four (4) weeks before the last week for which federal sharing is
authorized by Section 2005(a) of Division B, Title II (the federal
Assistance to Unemployed and Struggling Families Act) of the
federal American Recovery and Reinvestment Act of 2009 (P.L.
111-5), in a high unemployment period, the total extended benefit
amount payable to an eligible individual with respect to the
applicable benefit year is equal to the lesser of the following
amounts:
(1) Eighty percent (80%) of the total amount of regular benefits
that were payable to the eligible individual under this article in
the applicable benefit year.
(2) Twenty (20) times the weekly benefit amount that was
payable to the eligible individual under this article for a week of
total unemployment in the applicable benefit year.
(Formerly: Acts 1947, c.208, s.1204; Acts 1959, c.97, s.3; Acts 1967,
c.310, s.17; Acts 1971, P.L.355, SEC.27.) As amended by
P.L.171-1991, SEC.4; P.L.172-1991, SEC.2; P.L.1-1992, SEC.110;
P.L.175-2009, SEC.17; P.L.12-2011, SEC.3.
IC 22-4-12-5
Part-time worker
Sec. 5. (a) As used in this section, the term "part-time worker"
means an individual whose normal work is in an occupation in which
his services are not required for the customary scheduled full-time
hours prevailing in the establishment in which he is employed, or
who, owing to personal circumstances, does not customarily work the
customary scheduled full-time hours prevailing in the establishment
in which he is employed.
(b) The board may prescribe rules applicable to part-time workers
for determining their weekly benefit amount and the wage credits
required to qualify such individuals for benefits. Such rules shall,
with respect to such individuals, supersede any inconsistent
provisions of this article, but, so far as practicable, shall secure results
reasonably equivalent to those provided in the analogous provisions
of this article.
(Formerly: Acts 1947, c.208, s.1205.) As amended by P.L.144-1986,
SEC.102.
Indiana Code 2015
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