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; dependents; partially unemployed persons
Sec. 2. (a) With respect to initial claims filed for any week
beginning on and after July 6, 1980, and before July 7, 1985, 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 four and
three-tenths percent (4.3%) of the individual's wage credits in the
calendar quarter during the individual's base period in which the
wage credits were highest. However, the weekly benefit amount may
not exceed:
(1) eighty-four dollars ($84) if the eligible and qualified
individual has no dependents;
(2) ninety-nine dollars ($99) if the eligible and qualified
individual has one (1) dependent;
(3) one hundred thirteen dollars ($113) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred twenty-eight dollars ($128) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred forty-one dollars ($141) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 7, 1985, and before July 6, 1986, 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 four and three-tenths percent
(4.3%) of the individual's wage credits in the calendar quarter during
the individual's base period in which the wage credits were highest.
However, the weekly benefit amount may not exceed:
(1) ninety dollars ($90) if the eligible and qualified individual
has no dependents;
(2) one hundred six dollars ($106) if the eligible and qualified
individual has one (1) dependent;
(3) one hundred twenty-one dollars ($121) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred thirty-seven dollars ($137) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred fifty-one dollars ($151) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 6, 1986, and before July 7, 1991, 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 four and three-tenths percent
(4.3%) of the individual's wage credits in the calendar quarter during
the individual's base period in which the wage credits were highest.
However, the weekly benefit amount may not exceed:
(1) ninety-six dollars ($96) if the eligible and qualified
individual has no dependents;
(2) one hundred thirteen dollars ($113) if the eligible and
qualified individual has one (1) dependent;
(3) one hundred twenty-nine dollars ($129) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred forty-seven dollars ($147) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred sixty-one dollars ($161) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 7, 1991, benefits shall be paid in accordance with
subsections (d) through (k).
For the purpose of this subsection and subsections (e) through (g),
the term "dependent" means lawful husband or wife, natural child,
adopted child, stepchild, if such stepchild is not receiving aid to
dependent children under the welfare program, or child placed in the
claimant's home for adoption by an authorized placement agency or
a court of law, provided such child is under eighteen (18) years of
age and that such dependent claimed has received more than one-half
(1/2) the cost of support from the claimant during ninety (90) days
(or for duration of relationship, if less) immediately preceding the
claimant's benefit year beginning date, but only if such dependent
who is the lawful husband or wife is unemployed and currently
ineligible for Indiana benefits because of insufficient base period
wages. The number and status of dependents shall be determined as
of the beginning of the claimant's benefit period and shall not be
changed during that benefit period.
With respect to initial claims filed for any week beginning on and
after July 6, 1980, the term "dependent" shall include a person with
a disability over eighteen (18) years of age who is a child of the
claimant and who receives more than one-half (1/2) the cost of his
support from the claimant during the ninety (90) day period
immediately preceding the claimant's benefit year beginning date.
"Child" includes a natural child, an adopted child, a stepchild of
claimant, if the stepchild is not receiving aid to dependent children
under the welfare program, or a child placed in the claimant's home
for adoption by an authorized placement agency or a court of law.
The term "disabled" means an individual who by reason of physical
or mental defect or infirmity, whether congenital or acquired by
accident, injury, or disease, is totally or partially prevented from
achieving the fullest attainable physical, social, economic, mental,
and vocational participation in the normal process of living.
For the purpose of this subsection, the term "dependent" includes
a child for whom claimant is the court appointed legal guardian.
On and after July 6, 1980, and before July 7, 1991, if the weekly
benefit amount is less than forty dollars ($40), the board, through the
commissioner, shall pay benefits at the rate of forty dollars ($40) per
week. On and after July 7, 1991, if the weekly benefit amount is less
than fifty dollars ($50), the board, through the commissioner, shall
pay benefits at the rate of fifty dollars ($50) per week. If such weekly
benefit amount is not a multiple of one dollar ($1), it shall be
computed to the next lower multiple of one dollar ($1).
(b) Each eligible individual who is partially or part-totally
unemployed in any week shall be paid with respect to such week a
benefit in an amount equal to his weekly benefit amount, less his
deductible income, if any, for such week. If such partial benefit is not
a multiple of one dollar ($1), it shall be computed to the next lower
multiple of one dollar ($1). Except for an individual who is totally
unemployed, an individual who is not partially or part-totally
unemployed is not eligible for any benefit. The board may prescribe
rules governing the payment of such partial benefits, and may
provide, with respect to individuals whose earnings cannot
reasonably be computed on a weekly basis, that such benefits may be
computed and paid on other than a weekly basis; however, such rules
shall secure results reasonably equivalent to those provided in the
analogous provisions of this section.
(c) The weekly extended benefit amount payable to an individual
for a week of total unemployment in the individual's eligibility period
shall be an amount equal to the weekly benefit amount payable to the
individual during the individual's applicable benefit period, prior to
any reduction of such weekly benefit amount.
(d) With respect to initial claims filed for any week beginning on
and after July 7, 1991, and before July 1, 1995, 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 one thousand dollars ($1,000)
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.
However, the weekly benefit amount may not exceed the amount
specified in subsections (e) through (i).
(e) With respect to initial claims filed for any week beginning on
and after July 7, 1991, and before July 5, 1992, the weekly benefit
amount may not exceed:
(1) one hundred sixteen dollars ($116) if the eligible and
qualified individual has no dependents;
(2) one hundred thirty-four dollars ($134) if the eligible and
qualified individual has one (1) dependent;
(3) one hundred fifty-three dollars ($153) if the eligible and
qualified individual has two (2) dependents; or
(4) one hundred seventy-one dollars ($171) if the eligible and
qualified individual has three (3) or more dependents.
(f) With respect to initial claims filed for any week beginning on
and after July 5, 1992, and before July 4, 1993, the weekly benefit
amount may not exceed:
(1) one hundred forty dollars ($140) if the eligible and qualified
individual has no dependents;
(2) one hundred sixty dollars ($160) if the eligible and qualified
individual has one (1) dependent; or
(3) one hundred eighty-one dollars ($181) if the eligible and
qualified individual has two (2) or more dependents.
(g) With respect to initial claims filed for any week beginning on
and after July 4, 1993, and before July 3, 1994, the weekly benefit
amount may not exceed:
(1) one hundred seventy dollars ($170) if the eligible and
qualified individual has no dependents; or
(2) one hundred ninety-two dollars ($192) if the eligible and
qualified individual has one (1) or more dependents.
(h) With respect to initial claims filed for any week beginning on
or after July 3, 1994, and before July 1, 1995, the weekly benefit
amount may not exceed two hundred two dollars ($202).
(i) With respect to initial claims filed for any week on or after
July 1, 1995, the weekly benefit amount will equal the amount that
results from applying the percentages provided in subsections (j)
through (k) to the applicable maximum wage credits under
IC 22-4-4-3.
(j) With respect to initial claims filed for any week beginning on
and after July 1, 1995, and before July 1, 1997, 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 one thousand seven hundred
fifty dollars ($1,750) 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.
However, the weekly benefit amount may not exceed the amount
specified in subsection (i).
(k) With respect to initial claims filed for any week beginning on
and after July 1, 1997, 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. (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.
IC 22-4-12-2.1
Repealed
(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
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 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). (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.
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.
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; dependents; partially unemployed persons
Sec. 2. (a) With respect to initial claims filed for any week
beginning on and after July 6, 1980, and before July 7, 1985, 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 four and
three-tenths percent (4.3%) of the individual's wage credits in the
calendar quarter during the individual's base period in which the
wage credits were highest. However, the weekly benefit amount may
not exceed:
(1) eighty-four dollars ($84) if the eligible and qualified
individual has no dependents;
(2) ninety-nine dollars ($99) if the eligible and qualified
individual has one (1) dependent;
(3) one hundred thirteen dollars ($113) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred twenty-eight dollars ($128) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred forty-one dollars ($141) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 7, 1985, and before July 6, 1986, 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 four and three-tenths percent
(4.3%) of the individual's wage credits in the calendar quarter during
the individual's base period in which the wage credits were highest.
However, the weekly benefit amount may not exceed:
(1) ninety dollars ($90) if the eligible and qualified individual
has no dependents;
(2) one hundred six dollars ($106) if the eligible and qualified
individual has one (1) dependent;
(3) one hundred twenty-one dollars ($121) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred thirty-seven dollars ($137) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred fifty-one dollars ($151) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 6, 1986, and before July 7, 1991, 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 four and three-tenths percent
(4.3%) of the individual's wage credits in the calendar quarter during
the individual's base period in which the wage credits were highest.
However, the weekly benefit amount may not exceed:
(1) ninety-six dollars ($96) if the eligible and qualified
individual has no dependents;
(2) one hundred thirteen dollars ($113) if the eligible and
qualified individual has one (1) dependent;
(3) one hundred twenty-nine dollars ($129) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred forty-seven dollars ($147) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred sixty-one dollars ($161) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 7, 1991, benefits shall be paid in accordance with
subsections (d) through (k).
For the purpose of this subsection and subsections (e) through (g),
the term "dependent" means lawful husband or wife, natural child,
adopted child, stepchild, if such stepchild is not receiving aid to
dependent children under the welfare program, or child placed in the
claimant's home for adoption by an authorized placement agency or
a court of law, provided such child is under eighteen (18) years of
age and that such dependent claimed has received more than one-half
(1/2) the cost of support from the claimant during ninety (90) days
(or for duration of relationship, if less) immediately preceding the
claimant's benefit year beginning date, but only if such dependent
who is the lawful husband or wife is unemployed and currently
ineligible for Indiana benefits because of insufficient base period
wages. The number and status of dependents shall be determined as
of the beginning of the claimant's benefit period and shall not be
changed during that benefit period.
With respect to initial claims filed for any week beginning on and
after July 6, 1980, the term "dependent" shall include a person with
a disability over eighteen (18) years of age who is a child of the
claimant and who receives more than one-half (1/2) the cost of his
support from the claimant during the ninety (90) day period
immediately preceding the claimant's benefit year beginning date.
"Child" includes a natural child, an adopted child, a stepchild of
claimant, if the stepchild is not receiving aid to dependent children
under the welfare program, or a child placed in the claimant's home
for adoption by an authorized placement agency or a court of law.
The term "disabled" means an individual who by reason of physical
or mental defect or infirmity, whether congenital or acquired by
accident, injury, or disease, is totally or partially prevented from
achieving the fullest attainable physical, social, economic, mental,
and vocational participation in the normal process of living.
For the purpose of this subsection, the term "dependent" includes
a child for whom claimant is the court appointed legal guardian.
On and after July 6, 1980, and before July 7, 1991, if the weekly
benefit amount is less than forty dollars ($40), the board, through the
commissioner, shall pay benefits at the rate of forty dollars ($40) per
week. On and after July 7, 1991, if the weekly benefit amount is less
than fifty dollars ($50), the board, through the commissioner, shall
pay benefits at the rate of fifty dollars ($50) per week. If such weekly
benefit amount is not a multiple of one dollar ($1), it shall be
computed to the next lower multiple of one dollar ($1).
(b) Each eligible individual who is partially or part-totally
unemployed in any week shall be paid with respect to such week a
benefit in an amount equal to his weekly benefit amount, less his
deductible income, if any, for such week. If such partial benefit is not
a multiple of one dollar ($1), it shall be computed to the next lower
multiple of one dollar ($1). Except for an individual who is totally
unemployed, an individual who is not partially or part-totally
unemployed is not eligible for any benefit. The board may prescribe
rules governing the payment of such partial benefits, and may
provide, with respect to individuals whose earnings cannot
reasonably be computed on a weekly basis, that such benefits may be
computed and paid on other than a weekly basis; however, such rules
shall secure results reasonably equivalent to those provided in the
analogous provisions of this section.
(c) The weekly extended benefit amount payable to an individual
for a week of total unemployment in the individual's eligibility period
shall be an amount equal to the weekly benefit amount payable to the
individual during the individual's applicable benefit period, prior to
any reduction of such weekly benefit amount.
(d) With respect to initial claims filed for any week beginning on
and after July 7, 1991, and before July 1, 1995, 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 one thousand dollars ($1,000)
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.
However, the weekly benefit amount may not exceed the amount
specified in subsections (e) through (i).
(e) With respect to initial claims filed for any week beginning on
and after July 7, 1991, and before July 5, 1992, the weekly benefit
amount may not exceed:
(1) one hundred sixteen dollars ($116) if the eligible and
qualified individual has no dependents;
(2) one hundred thirty-four dollars ($134) if the eligible and
qualified individual has one (1) dependent;
(3) one hundred fifty-three dollars ($153) if the eligible and
qualified individual has two (2) dependents; or
(4) one hundred seventy-one dollars ($171) if the eligible and
qualified individual has three (3) or more dependents.
(f) With respect to initial claims filed for any week beginning on
and after July 5, 1992, and before July 4, 1993, the weekly benefit
amount may not exceed:
(1) one hundred forty dollars ($140) if the eligible and qualified
individual has no dependents;
(2) one hundred sixty dollars ($160) if the eligible and qualified
individual has one (1) dependent; or
(3) one hundred eighty-one dollars ($181) if the eligible and
qualified individual has two (2) or more dependents.
(g) With respect to initial claims filed for any week beginning on
and after July 4, 1993, and before July 3, 1994, the weekly benefit
amount may not exceed:
(1) one hundred seventy dollars ($170) if the eligible and
qualified individual has no dependents; or
(2) one hundred ninety-two dollars ($192) if the eligible and
qualified individual has one (1) or more dependents.
(h) With respect to initial claims filed for any week beginning on
or after July 3, 1994, and before July 1, 1995, the weekly benefit
amount may not exceed two hundred two dollars ($202).
(i) With respect to initial claims filed for any week on or after
July 1, 1995, the weekly benefit amount will equal the amount that
results from applying the percentages provided in subsections (j)
through (k) to the applicable maximum wage credits under
IC 22-4-4-3.
(j) With respect to initial claims filed for any week beginning on
and after July 1, 1995, and before July 1, 1997, 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 one thousand seven hundred
fifty dollars ($1,750) 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.
However, the weekly benefit amount may not exceed the amount
specified in subsection (i).
(k) With respect to initial claims filed for any week beginning on
and after July 1, 1997, 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. (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.
IC 22-4-12-2.1
Repealed
(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
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 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). (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.
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.
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; dependents; partially unemployed persons
Sec. 2. (a) With respect to initial claims filed for any week
beginning on and after July 6, 1980, and before July 7, 1985, 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 four and
three-tenths percent (4.3%) of the individual's wage credits in the
calendar quarter during the individual's base period in which the
wage credits were highest. However, the weekly benefit amount may
not exceed:
(1) eighty-four dollars ($84) if the eligible and qualified
individual has no dependents;
(2) ninety-nine dollars ($99) if the eligible and qualified
individual has one (1) dependent;
(3) one hundred thirteen dollars ($113) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred twenty-eight dollars ($128) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred forty-one dollars ($141) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 7, 1985, and before July 6, 1986, 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 four and three-tenths percent
(4.3%) of the individual's wage credits in the calendar quarter during
the individual's base period in which the wage credits were highest.
However, the weekly benefit amount may not exceed:
(1) ninety dollars ($90) if the eligible and qualified individual
has no dependents;
(2) one hundred six dollars ($106) if the eligible and qualified
individual has one (1) dependent;
(3) one hundred twenty-one dollars ($121) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred thirty-seven dollars ($137) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred fifty-one dollars ($151) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 6, 1986, and before July 7, 1991, 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 four and three-tenths percent
(4.3%) of the individual's wage credits in the calendar quarter during
the individual's base period in which the wage credits were highest.
However, the weekly benefit amount may not exceed:
(1) ninety-six dollars ($96) if the eligible and qualified
individual has no dependents;
(2) one hundred thirteen dollars ($113) if the eligible and
qualified individual has one (1) dependent;
(3) one hundred twenty-nine dollars ($129) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred forty-seven dollars ($147) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred sixty-one dollars ($161) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 7, 1991, benefits shall be paid in accordance with
subsections (d) through (k).
For the purpose of this subsection and subsections (e) through (g),
the term "dependent" means lawful husband or wife, natural child,
adopted child, stepchild, if such stepchild is not receiving aid to
dependent children under the welfare program, or child placed in the
claimant's home for adoption by an authorized placement agency or
a court of law, provided such child is under eighteen (18) years of
age and that such dependent claimed has received more than one-half
(1/2) the cost of support from the claimant during ninety (90) days
(or for duration of relationship, if less) immediately preceding the
claimant's benefit year beginning date, but only if such dependent
who is the lawful husband or wife is unemployed and currently
ineligible for Indiana benefits because of insufficient base period
wages. The number and status of dependents shall be determined as
of the beginning of the claimant's benefit period and shall not be
changed during that benefit period.
With respect to initial claims filed for any week beginning on and
after July 6, 1980, the term "dependent" shall include a person with
a disability over eighteen (18) years of age who is a child of the
claimant and who receives more than one-half (1/2) the cost of his
support from the claimant during the ninety (90) day period
immediately preceding the claimant's benefit year beginning date.
"Child" includes a natural child, an adopted child, a stepchild of
claimant, if the stepchild is not receiving aid to dependent children
under the welfare program, or a child placed in the claimant's home
for adoption by an authorized placement agency or a court of law.
The term "disabled" means an individual who by reason of physical
or mental defect or infirmity, whether congenital or acquired by
accident, injury, or disease, is totally or partially prevented from
achieving the fullest attainable physical, social, economic, mental,
and vocational participation in the normal process of living.
For the purpose of this subsection, the term "dependent" includes
a child for whom claimant is the court appointed legal guardian.
On and after July 6, 1980, and before July 7, 1991, if the weekly
benefit amount is less than forty dollars ($40), the board, through the
commissioner, shall pay benefits at the rate of forty dollars ($40) per
week. On and after July 7, 1991, if the weekly benefit amount is less
than fifty dollars ($50), the board, through the commissioner, shall
pay benefits at the rate of fifty dollars ($50) per week. If such weekly
benefit amount is not a multiple of one dollar ($1), it shall be
computed to the next lower multiple of one dollar ($1).
(b) Each eligible individual who is partially or part-totally
unemployed in any week shall be paid with respect to such week a
benefit in an amount equal to his weekly benefit amount, less his
deductible income, if any, for such week. If such partial benefit is not
a multiple of one dollar ($1), it shall be computed to the next lower
multiple of one dollar ($1). Except for an individual who is totally
unemployed, an individual who is not partially or part-totally
unemployed is not eligible for any benefit. The board may prescribe
rules governing the payment of such partial benefits, and may
provide, with respect to individuals whose earnings cannot
reasonably be computed on a weekly basis, that such benefits may be
computed and paid on other than a weekly basis; however, such rules
shall secure results reasonably equivalent to those provided in the
analogous provisions of this section.
(c) The weekly extended benefit amount payable to an individual
for a week of total unemployment in the individual's eligibility period
shall be an amount equal to the weekly benefit amount payable to the
individual during the individual's applicable benefit period, prior to
any reduction of such weekly benefit amount.
(d) With respect to initial claims filed for any week beginning on
and after July 7, 1991, and before July 1, 1995, 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 one thousand dollars ($1,000)
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.
However, the weekly benefit amount may not exceed the amount
specified in subsections (e) through (i).
(e) With respect to initial claims filed for any week beginning on
and after July 7, 1991, and before July 5, 1992, the weekly benefit
amount may not exceed:
(1) one hundred sixteen dollars ($116) if the eligible and
qualified individual has no dependents;
(2) one hundred thirty-four dollars ($134) if the eligible and
qualified individual has one (1) dependent;
(3) one hundred fifty-three dollars ($153) if the eligible and
qualified individual has two (2) dependents; or
(4) one hundred seventy-one dollars ($171) if the eligible and
qualified individual has three (3) or more dependents.
(f) With respect to initial claims filed for any week beginning on
and after July 5, 1992, and before July 4, 1993, the weekly benefit
amount may not exceed:
(1) one hundred forty dollars ($140) if the eligible and qualified
individual has no dependents;
(2) one hundred sixty dollars ($160) if the eligible and qualified
individual has one (1) dependent; or
(3) one hundred eighty-one dollars ($181) if the eligible and
qualified individual has two (2) or more dependents.
(g) With respect to initial claims filed for any week beginning on
and after July 4, 1993, and before July 3, 1994, the weekly benefit
amount may not exceed:
(1) one hundred seventy dollars ($170) if the eligible and
qualified individual has no dependents; or
(2) one hundred ninety-two dollars ($192) if the eligible and
qualified individual has one (1) or more dependents.
(h) With respect to initial claims filed for any week beginning on
or after July 3, 1994, and before July 1, 1995, the weekly benefit
amount may not exceed two hundred two dollars ($202).
(i) With respect to initial claims filed for any week on or after
July 1, 1995, the weekly benefit amount will equal the amount that
results from applying the percentages provided in subsections (j)
through (k) to the applicable maximum wage credits under
IC 22-4-4-3.
(j) With respect to initial claims filed for any week beginning on
and after July 1, 1995, and before July 1, 1997, 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 one thousand seven hundred
fifty dollars ($1,750) 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.
However, the weekly benefit amount may not exceed the amount
specified in subsection (i).
(k) With respect to initial claims filed for any week beginning on
and after July 1, 1997, 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. (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.
IC 22-4-12-2.1
Repealed
(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
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 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). (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.
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.
