IC 22-4-2-1 Benefits
Sec. 1. As used in this article, unless the context clearly requires
otherwise, "benefits" means the money payments payable to an
eligible individual as provided in this article with respect to his
unemployment. (Formerly: Acts 1947, c.208, s.201.) As amended by P.L.144-1986,
SEC.87.
IC 22-4-2-2 Partial benefits
Sec. 2. "Partial benefits" means the weekly benefit amounts of any
eligible individual who is partially and/or part-totally unemployed,
less the deductible income as hereinafter defined. (Formerly: Acts 1947, c.208, s.202; Acts 1953, c.177, s.1; Acts 1957,
c.299, s.15.)
IC 22-4-2-3 Board
Sec. 3. "Board" means the unemployment insurance board
established by this article. (Formerly: Acts 1947, c.208, s.203.) As amended by P.L.144-1986,
SEC.88; P.L.18-1987, SEC.17.
IC 22-4-2-3.5 Commissioner
Sec. 3.5. "Commissioner" refers to the commissioner of workforce
development. As added by P.L.21-1995, SEC.62.
IC 22-4-2-4 Contributions
Sec. 4. "Contributions" means the money payments to the
unemployment insurance benefit fund required and provided by the
terms of this article. (Formerly: Acts 1947, c.208, s.204.) As amended by P.L.144-1986,
SEC.89; P.L.18-1987, SEC.18.
IC 22-4-2-5
Repealed
(Repealed by P.L.21-1995, SEC.149.)
IC 22-4-2-6 State
Sec. 6. "State" means and includes the several states of the United
States of America, the District of Columbia of the United States of
America, the Commonwealth of Puerto Rico, the Virgin Islands and
the Dominion of Canada. (Formerly: Acts 1947, c.208, s.206; Acts 1965, c.190, s.1; Acts 1967,
c.310, s.1.) As amended by Acts 1977, P.L.262, SEC.1.
IC 22-4-2-7 Employment office
Sec. 7. "Employment office" means a free public employment
office or branch thereof, maintained and operated by this state, any
other state or jurisdiction, or by any agency or instrumentality of the
United States of America, or where the context allows, maintained
by any state as a part of a state-controlled system of public
employment offices. (Formerly: Acts 1947, c.208, s.207.)
IC 22-4-2-8 Employment and training services administration fund
Sec. 8. "Employment and training services administration fund"
means the fund established by IC 22-4-24 from which administrative
expenses under this article shall be paid, other than those to be paid
from the special employment and training services fund, as provided
in IC 22-4-25. (Formerly: Acts 1947, c.208, s.208.) As amended by P.L.144-1986,
SEC.90; P.L.18-1987, SEC.20.
IC 22-4-2-9 Fund
Sec. 9. "Fund" means the unemployment insurance benefit fund
established by IC 22-4-26-1, in which all contributions required, all
payments in lieu of contributions, and all money received from the
federal government as reimbursements pursuant to section 204 of the
Federal-State Extended Compensation Act of 1970, 26 U.S.C. 3304n,
shall be deposited and from which all benefits provided under this
article shall be paid. (Formerly: Acts 1947, c.208, s.209; Acts 1971, P.L.355, SEC.1; Acts
1973, P.L.239, SEC.1.) As amended by P.L.18-1987, SEC.21;
P.L.1-2007, SEC.160.
IC 22-4-2-10 Special employment and training services fund
Sec. 10. "Special employment and training services fund" means
the special administrative fund created under IC 22-4-25. (Formerly: Acts 1947, c.208, s.210.) As amended by P.L.144-1986,
SEC.91; P.L.18-1987, SEC.22.
IC 22-4-2-11 Department
Sec. 11. "Department" means the department of workforce
development. (Formerly: Acts 1947, c.208, s.211.) As amended by P.L.18-1987,
SEC.23; P.L.21-1995, SEC.63. IC 22-4-2-12 Base period
Sec. 12. "Base period" means the first four (4) of the last five (5)
completed calendar quarters immediately preceding the first day of
an individual's benefit period: Provided, however, That for a claim
computed in accordance with IC 1971, 22-4-22, the base period shall
be the base period as outlined in the paying state's law. (Formerly: Acts 1947, c.208, s.212; Acts 1971, P.L.355, SEC.2.)
IC 22-4-2-12.5 Base period; persons receiving worker's compensation 52 weeks or
less
Sec. 12.5. Notwithstanding section 12 of this chapter, for an
individual who during the "base period" as defined in that section has
received worker's compensation benefits under IC 22-3-3 for a period
of fifty-two (52) weeks or less, and as a result has not earned
sufficient wage credits to meet the requirements of IC 22-4-14-5,
"base period" means the first four (4) of the last five (5) completed
calendar quarters immediately preceding the last day that the
individual was able to work, as a result of the individual's injury. As added by P.L.226-1983, SEC.1. Amended by P.L.28-1988,
SEC.68.
IC 22-4-2-13 Calendar quarter
Sec. 13. "Calendar quarter" means the period of three (3)
consecutive calendar months ending on March 31, June 30,
september 30, or December 31: Provided, That for due dates of state
unemployment returns in each instance of quarterly return, the date
shall be the last day of the month following the end of the quarter. (Formerly: Acts 1947, c.208, s.213; Acts 1965, c.202, s.1.)
IC 22-4-2-14 Week
Sec. 14. Except as provided in IC 22-4-5-3, "week" means a
calendar week. (Formerly: Acts 1947, c.208, s.214.) As amended by P.L.241-1987,
SEC.1.
IC 22-4-2-15 Weekly benefit amount
Sec. 15. "Weekly benefit amount" means the amount of benefits
an eligible individual would be entitled to receive for a particular
week of total unemployment. (Formerly: Acts 1947, c.208, s.215.)
IC 22-4-2-16 Annual payroll
Sec. 16. "Annual payroll" means the total amount of wages for
employment paid by an employer during the twelve (12) consecutive
calendar month period ending on the computation date of any
calendar year, including wages paid by any other employer whose
account has been assumed by such employer in accordance with the
provisions of IC 22-4-10-6 or IC 22-4-10-7. (Formerly: Acts 1947, c.208, s.216; Acts 1957, c.299, s.1.) As
amended by P.L.144-1986, SEC.92.
IC 22-4-2-17 Computation date
Sec. 17. Except as provided in IC 22-4-11.5, "computation date"
means June 30 of the year preceding the effective date of new rates
of contribution, except that in the event, after having been legally
terminated, an employer again becomes subject to this article during
the last six (6) months of a calendar year and resumes the employer's
former position with respect to the resources and liabilities of the
experience account, then and in such case the employer's first
"computation date" shall mean December 31 of the fourth
consecutive calendar year of such subjectivity and thereafter
"computation date" for such employer shall mean June 30. (Formerly: Acts 1947, c.208, s.217; Acts 1957, c.299, s.2.) As
amended by P.L.144-1986, SEC.93; P.L.80-1990, SEC.9;
P.L.202-1993, SEC.1; P.L.108-2006, SEC.1.
IC 22-4-2-17.5 Determination date
Sec. 17.5. "Determination date" means September 30 of each year. As added by P.L.202-1993, SEC.2.
IC 22-4-2-18 Balance
Sec. 18. "Balance" means the amount standing to the credit or
debit of the experience account as of the computation date. (Formerly: Acts 1947, c.208, s.218; Acts 1953, c.177, s.2.)
IC 22-4-2-19 Agency
Sec. 19. "Agency" means any officer, board, commission, or other
authority designated by an unemployment insurance law in force in
any state or in Canada to administer the unemployment insurance
fund for which provision is made by such unemployment insurance
law. (Formerly: Acts 1947, c.208, s.219.)
IC 22-4-2-20 Jurisdiction
Sec. 20. "Jurisdiction" means any state or Canada. (Formerly: Acts 1947, c.208, s.220.)
IC 22-4-2-21 Benefit period
Sec. 21. "Benefit period" with respect to any individual means the
fifty-two-consecutive-week period beginning with the first week as
of which an insured worker first files an initial claim for
determination of his insured status, and thereafter the
fifty-two-consecutive-week period beginning with the first week as
of which the individual next files an initial claim after the
termination of his last preceding benefit period. (Formerly: Acts 1947, c.208, s.221; Acts 1951, c.295, s.1; Acts 1953,
c.177, s.3.) As amended by Acts 1977, P.L.2, SEC.74.
IC 22-4-2-22 Valid claim
Sec. 22. "Valid claim" means a claim filed by an individual who
has established qualifying wage credits and who is totally, partially,
or part-totally unemployed; Provided, no individual in a benefit
period may file a valid claim for a waiting period or benefit period
rights with respect to any period subsequent to the expiration of such
benefit period. (Formerly: Acts 1947, c.208, s.222; Acts 1953, c.177, s.4.)
IC 22-4-2-23 Initial claim
Sec. 23. "Initial claim" means a written application, in a form
prescribed by the department, made by an individual for the
determination of the individual's status as an insured worker. (Formerly: Acts 1947, c.208, s.223; Acts 1953, c.177, s.5.) As
amended by P.L.108-2006, SEC.2.
IC 22-4-2-24 Additional claim
Sec. 24. "Additional claim" means a written application for a
determination of benefit eligibility, made by an individual in a form
prescribed by the department, to begin a second or subsequent series
of claims in a benefit period, by which application the individual
certifies to new unemployment resulting from a break in or loss of
work which has occurred since the last claim was filed by such
individual. (Formerly: Acts 1947, c.208, s.224; Acts 1953, c.177, s.6.) As
amended by P.L.108-2006, SEC.3.
IC 22-4-2-25 Insured worker
Sec. 25. "Insured worker" means an individual who, with respect
to a base period, meets the qualifying wage requirements of
IC 22-4-14-5. (Formerly: Acts 1947, c.208, s.225; Acts 1953, c.177, s.7.) As
amended by P.L.144-1986, SEC.94.
IC 22-4-2-26 Insured work
Sec. 26. "Insured work" means employment in the service of an
employer. (Formerly: Acts 1947, c.208, s.226; Acts 1953, c.177, s.8.)
IC 22-4-2-27
Repealed
(Repealed by P.L.20-1986, SEC.16.)
IC 22-4-2-28
Repealed
(Repealed by P.L.20-1986, SEC.16.)
IC 22-4-2-29 Insured unemployment
Sec. 29. "Insured unemployment" means unemployment during a
given week for which waiting period credit or benefits are claimed
under the state employment security program, the unemployment
compensation for federal employees program, the unemployment
compensation for veterans program, or the railroad unemployment
insurance program. (Formerly: Acts 1947, c.208, s.229; Acts 1967, c.310, s.4.)
IC 22-4-2-30 Hospital
Sec. 30. For all purposes of this article, the term "hospital" means:
(1) an institution defined in IC 16-18-2-179(b) and licensed by
the state department of health; or
(2) a state institution (as defined in IC 12-7-2-184). (Formerly: Acts 1971, P.L.355, SEC.3.) As amended by P.L.2-1992,
SEC.742; P.L.2-1993, SEC.131.
IC 22-4-2-31 Eligible postsecondary educational institution
Sec. 31. (a) "Eligible postsecondary educational institution" for
the purposes of this article, means an educational institution that:
(1) admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such a certificate;
(2) is legally authorized in this state to provide a program of
education beyond high school;
(3) provides an educational program for which it awards a
bachelor's or higher degree, or provides a program which is
acceptable for full credit toward such a degree, a program of
post-graduate or post-doctoral studies, or a program of training
to prepare students for gainful employment in a recognized
occupation; and
(4) is a public or other nonprofit institution.
(b) Notwithstanding subsection (a), the term includes all colleges
and universities in Indiana. (Formerly: Acts 1971, P.L.355, SEC.4.) As amended by P.L.2-2007,
SEC.289.
IC 22-4-2-32 Payment in lieu of contributions
Sec. 32. "Payment in lieu of contributions" means the required
reimbursements by employers of benefits paid attributable to services
performed for such employers which are liable to make these
payments as provided in IC 22-4-10-1. These payments shall equal
the full amount of regular benefits and the part of benefits not
reimbursed by the federal government under the Federal-State
Extended Unemployment Compensation Act of 1970 paid that are
attributable to services in the employ of such liable employers. (Formerly: Acts 1971, P.L.355, SEC.5.) As amended by
P.L.175-2009, SEC.2.
IC 22-4-2-33 New work
Sec. 33. The term "new work" wherever used in this article
including IC 1971, 22-4-15-2 means (a) work offered to an individual
by an employer with whom he has never had a contract of
employment; (b) work offered to an individual by his last employer
or any other employer with whom he does not have a contract of
employment at the time the offer is made; and (c) work offered to an
individual by his present employer of (i) different duties from those
he has agreed to perform in his existing contract of employment or
(ii) different terms or conditions of employment from those in his
existing contract. (Formerly: Acts 1971, P.L.355, SEC.6.)
IC 22-4-2-34 Extended benefit period; additional definitions
Sec. 34. (a) With respect to benefits for weeks of unemployment
beginning after August 13, 1981, "extended benefit period" means a
period which begins with the third week after a week for which there
is a state "on" indicator and ends with the later of the following:
(1) The third week after the first week for which there is a state
"off" indicator.
(2) The thirteenth consecutive week of such period.
(b) However, no extended benefit period may begin by reason of
a state "on" indicator before the fourteenth week following the end
of a prior extended benefit period which was in effect with respect
to this state.
(c) There is a state "on" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States Secretary of Labor, that for the period consisting of
such week and the immediately preceding twelve (12) weeks, the rate
of insured unemployment (not seasonally adjusted) under this article:
(1) equaled or exceeded one hundred twenty percent (120%) of
the average of such rates for the corresponding 13-week period
ending in each of the preceding two (2) calendar years; and
(2) equaled or exceeded five percent (5%).
However, the determination of whether there has been a state "on" or
"off" indicator beginning or ending any extended benefit period shall
be made under this subsection as if it did not contain subdivision (1)
if the insured unemployment rate is at least six percent (6%). Any
week for which there would otherwise be a state "on" indicator shall
continue to be such a week and may not be determined to be a week
for which there is a state "off" indicator.
(d) In addition to the test for a state "on" indicator under
subsection (c), there is a state "on" indicator for this state for a week
if:
(1) the average rate of total unemployment in Indiana,
seasonally adjusted, as determined by the United States
Secretary of Labor, for the period consisting of the most recent
three (3) months for which data for all states are published
before the close of the week, equals or exceeds six and
five-tenths percent (6.5%); and
(2) the average rate of total unemployment in Indiana,
seasonally adjusted, as determined by the United States
Secretary of Labor, for the three (3) month period referred to in
subdivision (1) equals or exceeds one hundred ten percent
(110%) of the average for either or both of the corresponding
three (3) month periods ending in the two (2) preceding
calendar years.
There is a state "off" indicator for a week if either of the
requirements in subdivisions (1) and (2) are not satisfied. However,
any week for which there would otherwise be a state "on" indicator
under this section continues to be subject to the "on" indicator and
shall not be considered a week for which there is a state "off"
indicator. 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).
(e) There is a state "off" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States Secretary of Labor, that for the period consisting of
such week and the immediately preceding twelve (12) weeks, the
requirements of subsection (c) have not been met.
(f) With respect to benefits for weeks of unemployment beginning
after August 13, 1981, "rate of insured unemployment," for purposes
of subsection (c), means the percentage derived by dividing:
(1) the average weekly number of individuals filing claims for
regular compensation in this state for weeks of unemployment
with respect to the most recent 13 consecutive week period (as
determined by the board on the basis of this state's reports to the
United States Secretary of Labor); by
(2) the average monthly employment covered under this article
for the first four (4) of the most recent six (6) completed
calendar quarters ending before the end of such 13-week period.
(g) "Regular benefits" means benefits payable to an individual
under this article or under the law of any other state (including
benefits payable to federal civilian employees and to ex-servicemen
pursuant to 5 U.S.C. 8501 through 8525) other than extended
benefits. "Additional benefits" means benefits other than extended
benefits and which are totally financed by a state payable to
exhaustees by reason of conditions of high unemployment or by
reason of other special factors under the provisions of any state law.
If extended compensation is payable to an individual by this state and
additional compensation is payable to the individual for the same
week by any state, the individual may elect which of the two (2)
types of compensation to claim.
(h) "Extended benefits" means benefits (including benefits
payable to federal civilian employees and to ex-servicemen pursuant
to 5 U.S.C. 8501 through 8525) payable to an individual under the
provisions of this article for weeks of unemployment in the
individual's "eligibility period". Pursuant to Section 3304 of the
Internal Revenue Code extended benefits are not payable to interstate
claimants filing claims in an agent state which is not in an extended
benefit period, against the liable state of Indiana when the state of
Indiana is in an extended benefit period. This prohibition does not
apply to the first two (2) weeks claimed that would, but for this
prohibition, otherwise be payable. However, only one such two (2)
week period will be granted on an extended claim. Notwithstanding
any other provisions of this chapter, with respect to benefits for
weeks of unemployment beginning after October 31, 1981, if the
benefit year of any individual ends within an extended benefit
period, the remaining balance of extended benefits that the individual
would, but for this clause, be entitled to receive in that extended
benefit period, with respect to weeks of unemployment beginning
after the end of the benefit year, shall be reduced (but not below
zero) by the product of the number of weeks for which the individual
received any amounts as trade readjustment allowances within that
benefit year, multiplied by the individual's weekly benefit amount for
extended benefits.
(i) "Eligibility period" of an individual means the period
consisting of the weeks in the individual's benefit period which begin
in an extended benefit period and, if the individual's benefit period
ends within such extended benefit period, any weeks thereafter
which begin in such extended benefit period. For any weeks of
unemployment beginning after February 17, 2009, and before
January 1, 2010, an individual's eligibility period (as described in
Section 203(c) of the Federal-State Unemployment Compensation
Act of 1970) is, for purposes of any determination of eligibility for
extended compensation under state law, considered to include any
week that begins:
(1) after the date as of which the individual exhausts all rights
to emergency unemployment compensation; and
(2) during an extended benefit period that began on or before
the date described in subdivision (1).
(j) "Exhaustee" means an individual who, with respect to any
week of unemployment in the individual's eligibility period:
(1) has received, prior to such week, all of the regular benefits
including dependent's allowances that were available to the
individual under this article or under the law of any other state
(including benefits payable to federal civilian employees and
ex-servicemen under 5 U.S.C. 8501 through 8525) in the
individual's current benefit period that includes such week.
However, for the purposes of this subsection, an individual shall
be deemed to have received all of the regular benefits that were
available to the individual although as a result of a pending
appeal with respect to wages that were not considered in the
original monetary determination in the individual's benefit
period or although a nonmonetary decision denying benefits is
pending, the individual may subsequently be determined to be
entitled to added regular benefits;
(2) may be entitled to regular benefits with respect to future
weeks of unemployment but such benefits are not payable with
respect to such week of unemployment by reason of seasonal
limitations in any state unemployment insurance law; or
(3) having had the individual's benefit period expire prior to
such week, has no, or insufficient, wages on the basis of which
the individual could establish a new benefit period that would
include such week;
and has no right to unemployment benefits or allowances, as the case
may be, under the Railroad Unemployment Insurance Act, the Trade
Act of 1974, the Automotive Products Trade Act of 1965 and such
other federal laws as are specified in regulations issued by the United
States Secretary of Labor, and has not received and is not seeking
unemployment benefits under the unemployment compensation law
of Canada; but if the individual is seeking such benefits and the
appropriate agency finally determines that the individual is not
entitled to benefits under such law, the individual is considered an
exhaustee.
(k) "State law" means the unemployment insurance law of any
state, approved by the United States Secretary of Labor under
Section 3304 of the Internal Revenue Code. (Formerly: Acts 1971, P.L.355, SEC.7; Acts 1973, P.L.239, SEC.2.)
As amended by Acts 1977, P.L.262, SEC.4; Acts 1981, P.L.209,
SEC.3; Acts 1982, P.L.95, SEC.2; P.L.2-1987, SEC.27; P.L.18-1987,
SEC.24; P.L.21-1995, SEC.64; P.L.175-2009, SEC.3.
IC 22-4-2-35 Credit reserve ratio
Sec. 35. An employer's credit reserve ratio is determined on the
basis of the relationship that the credit balance shown by his
experience account as of the computation date bears to the wages
paid by the employer or his predecessors for the employment during
the thirty-six (36) months immediately preceding the computation
date. As added by Acts 1977, P.L.262, SEC.5.
IC 22-4-2-36 Debit reserve ratio
Sec. 36. An employer's debit reserve ratio is determined on the
basis of the relationship that the debit balance shown by his
experience account as of the computation date bears to the wages
paid by the employer or his predecessors for employment during the
thirty-six (36) months immediately preceding the computation date. As added by Acts 1977, P.L.262, SEC.6.
IC 22-4-2-37 School
Sec. 37. For the purposes of IC 22-4-8-2(j)(3)(C), "school" means
an educational institution that is accredited and approved by the
Indiana state board of education and is an academic school system,
whereby a student may progressively advance, starting with the first
grade through the twelfth grade. This includes all accredited public
and parochial schools which are primary, secondary, or preparatory
schools. "School" does not include:
(1) a kindergarten, not a part of the public or parochial school
system;
(2) a day care center;
(3) an organization furnishing psychiatric care and treatment;
(4) an organization furnishing training or rehabilitation for
individuals with mental retardation or a physical disability,
which organization is not a part of the public or parochial
school system; or
(5) an organization offering preschool training, not a part of the
public or parochial school system. As added by Acts 1977, P.L.262, SEC.7. Amended by P.L.20-1984,
SEC.195; P.L.99-1988, SEC.23; P.L.23-1993, SEC.128;
P.L.99-2007, SEC.186.
IC 22-4-2-38 Review board
Sec. 38. As used in this article, "review board" means the
unemployment insurance review board. As added by P.L.18-1987, SEC.25.
IC 22-4-2-39 Liability administrative law judge
Sec. 39. As used in this article, "liability administrative law
judge" means a person who is:
(1) employed as an administrative law judge under
IC 22-4-17-4; and
(2) authorized to hear matters described in IC 22-4-32-1. As added by P.L.108-2006, SEC.4.
IC 22-4-2-1 Benefits
Sec. 1. As used in this article, unless the context clearly requires
otherwise, "benefits" means the money payments payable to an
eligible individual as provided in this article with respect to his
unemployment. (Formerly: Acts 1947, c.208, s.201.) As amended by P.L.144-1986,
SEC.87.
IC 22-4-2-2 Partial benefits
Sec. 2. "Partial benefits" means the weekly benefit amounts of any
eligible individual who is partially and/or part-totally unemployed,
less the deductible income as hereinafter defined. (Formerly: Acts 1947, c.208, s.202; Acts 1953, c.177, s.1; Acts 1957,
c.299, s.15.)
IC 22-4-2-3 Board
Sec. 3. "Board" means the unemployment insurance board
established by this article. (Formerly: Acts 1947, c.208, s.203.) As amended by P.L.144-1986,
SEC.88; P.L.18-1987, SEC.17.
IC 22-4-2-3.5 Commissioner
Sec. 3.5. "Commissioner" refers to the commissioner of workforce
development. As added by P.L.21-1995, SEC.62.
IC 22-4-2-4 Contributions
Sec. 4. "Contributions" means the money payments to the
unemployment insurance benefit fund required and provided by the
terms of this article. (Formerly: Acts 1947, c.208, s.204.) As amended by P.L.144-1986,
SEC.89; P.L.18-1987, SEC.18.
IC 22-4-2-5
Repealed
(Repealed by P.L.21-1995, SEC.149.)
IC 22-4-2-6 State
Sec. 6. "State" means and includes the several states of the United
States of America, the District of Columbia of the United States of
America, the Commonwealth of Puerto Rico, the Virgin Islands and
the Dominion of Canada. (Formerly: Acts 1947, c.208, s.206; Acts 1965, c.190, s.1; Acts 1967,
c.310, s.1.) As amended by Acts 1977, P.L.262, SEC.1.
IC 22-4-2-7 Employment office
Sec. 7. "Employment office" means a free public employment
office or branch thereof, maintained and operated by this state, any
other state or jurisdiction, or by any agency or instrumentality of the
United States of America, or where the context allows, maintained
by any state as a part of a state-controlled system of public
employment offices. (Formerly: Acts 1947, c.208, s.207.)
IC 22-4-2-8 Employment and training services administration fund
Sec. 8. "Employment and training services administration fund"
means the fund established by IC 22-4-24 from which administrative
expenses under this article shall be paid, other than those to be paid
from the special employment and training services fund, as provided
in IC 22-4-25. (Formerly: Acts 1947, c.208, s.208.) As amended by P.L.144-1986,
SEC.90; P.L.18-1987, SEC.20.
IC 22-4-2-9 Fund
Sec. 9. "Fund" means the unemployment insurance benefit fund
established by IC 22-4-26-1, in which all contributions required, all
payments in lieu of contributions, and all money received from the
federal government as reimbursements pursuant to section 204 of the
Federal-State Extended Compensation Act of 1970, 26 U.S.C. 3304n,
shall be deposited and from which all benefits provided under this
article shall be paid. (Formerly: Acts 1947, c.208, s.209; Acts 1971, P.L.355, SEC.1; Acts
1973, P.L.239, SEC.1.) As amended by P.L.18-1987, SEC.21;
P.L.1-2007, SEC.160.
IC 22-4-2-10 Special employment and training services fund
Sec. 10. "Special employment and training services fund" means
the special administrative fund created under IC 22-4-25. (Formerly: Acts 1947, c.208, s.210.) As amended by P.L.144-1986,
SEC.91; P.L.18-1987, SEC.22.
IC 22-4-2-11 Department
Sec. 11. "Department" means the department of workforce
development. (Formerly: Acts 1947, c.208, s.211.) As amended by P.L.18-1987,
SEC.23; P.L.21-1995, SEC.63. IC 22-4-2-12 Base period
Sec. 12. "Base period" means the first four (4) of the last five (5)
completed calendar quarters immediately preceding the first day of
an individual's benefit period: Provided, however, That for a claim
computed in accordance with IC 1971, 22-4-22, the base period shall
be the base period as outlined in the paying state's law. (Formerly: Acts 1947, c.208, s.212; Acts 1971, P.L.355, SEC.2.)
IC 22-4-2-12.5 Base period; persons receiving worker's compensation 52 weeks or
less
Sec. 12.5. Notwithstanding section 12 of this chapter, for an
individual who during the "base period" as defined in that section has
received worker's compensation benefits under IC 22-3-3 for a period
of fifty-two (52) weeks or less, and as a result has not earned
sufficient wage credits to meet the requirements of IC 22-4-14-5,
"base period" means the first four (4) of the last five (5) completed
calendar quarters immediately preceding the last day that the
individual was able to work, as a result of the individual's injury. As added by P.L.226-1983, SEC.1. Amended by P.L.28-1988,
SEC.68.
IC 22-4-2-13 Calendar quarter
Sec. 13. "Calendar quarter" means the period of three (3)
consecutive calendar months ending on March 31, June 30,
september 30, or December 31: Provided, That for due dates of state
unemployment returns in each instance of quarterly return, the date
shall be the last day of the month following the end of the quarter. (Formerly: Acts 1947, c.208, s.213; Acts 1965, c.202, s.1.)
IC 22-4-2-14 Week
Sec. 14. Except as provided in IC 22-4-5-3, "week" means a
calendar week. (Formerly: Acts 1947, c.208, s.214.) As amended by P.L.241-1987,
SEC.1.
IC 22-4-2-15 Weekly benefit amount
Sec. 15. "Weekly benefit amount" means the amount of benefits
an eligible individual would be entitled to receive for a particular
week of total unemployment. (Formerly: Acts 1947, c.208, s.215.)
IC 22-4-2-16 Annual payroll
Sec. 16. "Annual payroll" means the total amount of wages for
employment paid by an employer during the twelve (12) consecutive
calendar month period ending on the computation date of any
calendar year, including wages paid by any other employer whose
account has been assumed by such employer in accordance with the
provisions of IC 22-4-10-6 or IC 22-4-10-7. (Formerly: Acts 1947, c.208, s.216; Acts 1957, c.299, s.1.) As
amended by P.L.144-1986, SEC.92.
IC 22-4-2-17 Computation date
Sec. 17. Except as provided in IC 22-4-11.5, "computation date"
means June 30 of the year preceding the effective date of new rates
of contribution, except that in the event, after having been legally
terminated, an employer again becomes subject to this article during
the last six (6) months of a calendar year and resumes the employer's
former position with respect to the resources and liabilities of the
experience account, then and in such case the employer's first
"computation date" shall mean December 31 of the fourth
consecutive calendar year of such subjectivity and thereafter
"computation date" for such employer shall mean June 30. (Formerly: Acts 1947, c.208, s.217; Acts 1957, c.299, s.2.) As
amended by P.L.144-1986, SEC.93; P.L.80-1990, SEC.9;
P.L.202-1993, SEC.1; P.L.108-2006, SEC.1.
IC 22-4-2-17.5 Determination date
Sec. 17.5. "Determination date" means September 30 of each year. As added by P.L.202-1993, SEC.2.
IC 22-4-2-18 Balance
Sec. 18. "Balance" means the amount standing to the credit or
debit of the experience account as of the computation date. (Formerly: Acts 1947, c.208, s.218; Acts 1953, c.177, s.2.)
IC 22-4-2-19 Agency
Sec. 19. "Agency" means any officer, board, commission, or other
authority designated by an unemployment insurance law in force in
any state or in Canada to administer the unemployment insurance
fund for which provision is made by such unemployment insurance
law. (Formerly: Acts 1947, c.208, s.219.)
IC 22-4-2-20 Jurisdiction
Sec. 20. "Jurisdiction" means any state or Canada. (Formerly: Acts 1947, c.208, s.220.)
IC 22-4-2-21 Benefit period
Sec. 21. "Benefit period" with respect to any individual means the
fifty-two-consecutive-week period beginning with the first week as
of which an insured worker first files an initial claim for
determination of his insured status, and thereafter the
fifty-two-consecutive-week period beginning with the first week as
of which the individual next files an initial claim after the
termination of his last preceding benefit period. (Formerly: Acts 1947, c.208, s.221; Acts 1951, c.295, s.1; Acts 1953,
c.177, s.3.) As amended by Acts 1977, P.L.2, SEC.74.
IC 22-4-2-22 Valid claim
Sec. 22. "Valid claim" means a claim filed by an individual who
has established qualifying wage credits and who is totally, partially,
or part-totally unemployed; Provided, no individual in a benefit
period may file a valid claim for a waiting period or benefit period
rights with respect to any period subsequent to the expiration of such
benefit period. (Formerly: Acts 1947, c.208, s.222; Acts 1953, c.177, s.4.)
IC 22-4-2-23 Initial claim
Sec. 23. "Initial claim" means a written application, in a form
prescribed by the department, made by an individual for the
determination of the individual's status as an insured worker. (Formerly: Acts 1947, c.208, s.223; Acts 1953, c.177, s.5.) As
amended by P.L.108-2006, SEC.2.
IC 22-4-2-24 Additional claim
Sec. 24. "Additional claim" means a written application for a
determination of benefit eligibility, made by an individual in a form
prescribed by the department, to begin a second or subsequent series
of claims in a benefit period, by which application the individual
certifies to new unemployment resulting from a break in or loss of
work which has occurred since the last claim was filed by such
individual. (Formerly: Acts 1947, c.208, s.224; Acts 1953, c.177, s.6.) As
amended by P.L.108-2006, SEC.3.
IC 22-4-2-25 Insured worker
Sec. 25. "Insured worker" means an individual who, with respect
to a base period, meets the qualifying wage requirements of
IC 22-4-14-5. (Formerly: Acts 1947, c.208, s.225; Acts 1953, c.177, s.7.) As
amended by P.L.144-1986, SEC.94.
IC 22-4-2-26 Insured work
Sec. 26. "Insured work" means employment in the service of an
employer. (Formerly: Acts 1947, c.208, s.226; Acts 1953, c.177, s.8.)
IC 22-4-2-27
Repealed
(Repealed by P.L.20-1986, SEC.16.)
IC 22-4-2-28
Repealed
(Repealed by P.L.20-1986, SEC.16.)
IC 22-4-2-29 Insured unemployment
Sec. 29. "Insured unemployment" means unemployment during a
given week for which waiting period credit or benefits are claimed
under the state employment security program, the unemployment
compensation for federal employees program, the unemployment
compensation for veterans program, or the railroad unemployment
insurance program. (Formerly: Acts 1947, c.208, s.229; Acts 1967, c.310, s.4.)
IC 22-4-2-30 Hospital
Sec. 30. For all purposes of this article, the term "hospital" means:
(1) an institution defined in IC 16-18-2-179(b) and licensed by
the state department of health; or
(2) a state institution (as defined in IC 12-7-2-184). (Formerly: Acts 1971, P.L.355, SEC.3.) As amended by P.L.2-1992,
SEC.742; P.L.2-1993, SEC.131.
IC 22-4-2-31 Eligible postsecondary educational institution
Sec. 31. (a) "Eligible postsecondary educational institution" for
the purposes of this article, means an educational institution that:
(1) admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such a certificate;
(2) is legally authorized in this state to provide a program of
education beyond high school;
(3) provides an educational program for which it awards a
bachelor's or higher degree, or provides a program which is
acceptable for full credit toward such a degree, a program of
post-graduate or post-doctoral studies, or a program of training
to prepare students for gainful employment in a recognized
occupation; and
(4) is a public or other nonprofit institution.
(b) Notwithstanding subsection (a), the term includes all colleges
and universities in Indiana. (Formerly: Acts 1971, P.L.355, SEC.4.) As amended by P.L.2-2007,
SEC.289.
IC 22-4-2-32 Payment in lieu of contributions
Sec. 32. "Payment in lieu of contributions" means the required
reimbursements by employers of benefits paid attributable to services
performed for such employers which are liable to make these
payments as provided in IC 22-4-10-1. These payments shall equal
the full amount of regular benefits and the part of benefits not
reimbursed by the federal government under the Federal-State
Extended Unemployment Compensation Act of 1970 paid that are
attributable to services in the employ of such liable employers. (Formerly: Acts 1971, P.L.355, SEC.5.) As amended by
P.L.175-2009, SEC.2.
IC 22-4-2-33 New work
Sec. 33. The term "new work" wherever used in this article
including IC 1971, 22-4-15-2 means (a) work offered to an individual
by an employer with whom he has never had a contract of
employment; (b) work offered to an individual by his last employer
or any other employer with whom he does not have a contract of
employment at the time the offer is made; and (c) work offered to an
individual by his present employer of (i) different duties from those
he has agreed to perform in his existing contract of employment or
(ii) different terms or conditions of employment from those in his
existing contract. (Formerly: Acts 1971, P.L.355, SEC.6.)
IC 22-4-2-34 Extended benefit period; additional definitions
Sec. 34. (a) With respect to benefits for weeks of unemployment
beginning after August 13, 1981, "extended benefit period" means a
period which begins with the third week after a week for which there
is a state "on" indicator and ends with the later of the following:
(1) The third week after the first week for which there is a state
"off" indicator.
(2) The thirteenth consecutive week of such period.
(b) However, no extended benefit period may begin by reason of
a state "on" indicator before the fourteenth week following the end
of a prior extended benefit period which was in effect with respect
to this state.
(c) There is a state "on" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States Secretary of Labor, that for the period consisting of
such week and the immediately preceding twelve (12) weeks, the rate
of insured unemployment (not seasonally adjusted) under this article:
(1) equaled or exceeded one hundred twenty percent (120%) of
the average of such rates for the corresponding 13-week period
ending in each of the preceding two (2) calendar years; and
(2) equaled or exceeded five percent (5%).
However, the determination of whether there has been a state "on" or
"off" indicator beginning or ending any extended benefit period shall
be made under this subsection as if it did not contain subdivision (1)
if the insured unemployment rate is at least six percent (6%). Any
week for which there would otherwise be a state "on" indicator shall
continue to be such a week and may not be determined to be a week
for which there is a state "off" indicator.
(d) In addition to the test for a state "on" indicator under
subsection (c), there is a state "on" indicator for this state for a week
if:
(1) the average rate of total unemployment in Indiana,
seasonally adjusted, as determined by the United States
Secretary of Labor, for the period consisting of the most recent
three (3) months for which data for all states are published
before the close of the week, equals or exceeds six and
five-tenths percent (6.5%); and
(2) the average rate of total unemployment in Indiana,
seasonally adjusted, as determined by the United States
Secretary of Labor, for the three (3) month period referred to in
subdivision (1) equals or exceeds one hundred ten percent
(110%) of the average for either or both of the corresponding
three (3) month periods ending in the two (2) preceding
calendar years.
There is a state "off" indicator for a week if either of the
requirements in subdivisions (1) and (2) are not satisfied. However,
any week for which there would otherwise be a state "on" indicator
under this section continues to be subject to the "on" indicator and
shall not be considered a week for which there is a state "off"
indicator. 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).
(e) There is a state "off" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States Secretary of Labor, that for the period consisting of
such week and the immediately preceding twelve (12) weeks, the
requirements of subsection (c) have not been met.
(f) With respect to benefits for weeks of unemployment beginning
after August 13, 1981, "rate of insured unemployment," for purposes
of subsection (c), means the percentage derived by dividing:
(1) the average weekly number of individuals filing claims for
regular compensation in this state for weeks of unemployment
with respect to the most recent 13 consecutive week period (as
determined by the board on the basis of this state's reports to the
United States Secretary of Labor); by
(2) the average monthly employment covered under this article
for the first four (4) of the most recent six (6) completed
calendar quarters ending before the end of such 13-week period.
(g) "Regular benefits" means benefits payable to an individual
under this article or under the law of any other state (including
benefits payable to federal civilian employees and to ex-servicemen
pursuant to 5 U.S.C. 8501 through 8525) other than extended
benefits. "Additional benefits" means benefits other than extended
benefits and which are totally financed by a state payable to
exhaustees by reason of conditions of high unemployment or by
reason of other special factors under the provisions of any state law.
If extended compensation is payable to an individual by this state and
additional compensation is payable to the individual for the same
week by any state, the individual may elect which of the two (2)
types of compensation to claim.
(h) "Extended benefits" means benefits (including benefits
payable to federal civilian employees and to ex-servicemen pursuant
to 5 U.S.C. 8501 through 8525) payable to an individual under the
provisions of this article for weeks of unemployment in the
individual's "eligibility period". Pursuant to Section 3304 of the
Internal Revenue Code extended benefits are not payable to interstate
claimants filing claims in an agent state which is not in an extended
benefit period, against the liable state of Indiana when the state of
Indiana is in an extended benefit period. This prohibition does not
apply to the first two (2) weeks claimed that would, but for this
prohibition, otherwise be payable. However, only one such two (2)
week period will be granted on an extended claim. Notwithstanding
any other provisions of this chapter, with respect to benefits for
weeks of unemployment beginning after October 31, 1981, if the
benefit year of any individual ends within an extended benefit
period, the remaining balance of extended benefits that the individual
would, but for this clause, be entitled to receive in that extended
benefit period, with respect to weeks of unemployment beginning
after the end of the benefit year, shall be reduced (but not below
zero) by the product of the number of weeks for which the individual
received any amounts as trade readjustment allowances within that
benefit year, multiplied by the individual's weekly benefit amount for
extended benefits.
(i) "Eligibility period" of an individual means the period
consisting of the weeks in the individual's benefit period which begin
in an extended benefit period and, if the individual's benefit period
ends within such extended benefit period, any weeks thereafter
which begin in such extended benefit period. For any weeks of
unemployment beginning after February 17, 2009, and before
January 1, 2010, an individual's eligibility period (as described in
Section 203(c) of the Federal-State Unemployment Compensation
Act of 1970) is, for purposes of any determination of eligibility for
extended compensation under state law, considered to include any
week that begins:
(1) after the date as of which the individual exhausts all rights
to emergency unemployment compensation; and
(2) during an extended benefit period that began on or before
the date described in subdivision (1).
(j) "Exhaustee" means an individual who, with respect to any
week of unemployment in the individual's eligibility period:
(1) has received, prior to such week, all of the regular benefits
including dependent's allowances that were available to the
individual under this article or under the law of any other state
(including benefits payable to federal civilian employees and
ex-servicemen under 5 U.S.C. 8501 through 8525) in the
individual's current benefit period that includes such week.
However, for the purposes of this subsection, an individual shall
be deemed to have received all of the regular benefits that were
available to the individual although as a result of a pending
appeal with respect to wages that were not considered in the
original monetary determination in the individual's benefit
period or although a nonmonetary decision denying benefits is
pending, the individual may subsequently be determined to be
entitled to added regular benefits;
(2) may be entitled to regular benefits with respect to future
weeks of unemployment but such benefits are not payable with
respect to such week of unemployment by reason of seasonal
limitations in any state unemployment insurance law; or
(3) having had the individual's benefit period expire prior to
such week, has no, or insufficient, wages on the basis of which
the individual could establish a new benefit period that would
include such week;
and has no right to unemployment benefits or allowances, as the case
may be, under the Railroad Unemployment Insurance Act, the Trade
Act of 1974, the Automotive Products Trade Act of 1965 and such
other federal laws as are specified in regulations issued by the United
States Secretary of Labor, and has not received and is not seeking
unemployment benefits under the unemployment compensation law
of Canada; but if the individual is seeking such benefits and the
appropriate agency finally determines that the individual is not
entitled to benefits under such law, the individual is considered an
exhaustee.
(k) "State law" means the unemployment insurance law of any
state, approved by the United States Secretary of Labor under
Section 3304 of the Internal Revenue Code. (Formerly: Acts 1971, P.L.355, SEC.7; Acts 1973, P.L.239, SEC.2.)
As amended by Acts 1977, P.L.262, SEC.4; Acts 1981, P.L.209,
SEC.3; Acts 1982, P.L.95, SEC.2; P.L.2-1987, SEC.27; P.L.18-1987,
SEC.24; P.L.21-1995, SEC.64; P.L.175-2009, SEC.3.
IC 22-4-2-35 Credit reserve ratio
Sec. 35. An employer's credit reserve ratio is determined on the
basis of the relationship that the credit balance shown by his
experience account as of the computation date bears to the wages
paid by the employer or his predecessors for the employment during
the thirty-six (36) months immediately preceding the computation
date. As added by Acts 1977, P.L.262, SEC.5.
IC 22-4-2-36 Debit reserve ratio
Sec. 36. An employer's debit reserve ratio is determined on the
basis of the relationship that the debit balance shown by his
experience account as of the computation date bears to the wages
paid by the employer or his predecessors for employment during the
thirty-six (36) months immediately preceding the computation date. As added by Acts 1977, P.L.262, SEC.6.
IC 22-4-2-37 School
Sec. 37. For the purposes of IC 22-4-8-2(j)(3)(C), "school" means
an educational institution that is accredited and approved by the
Indiana state board of education and is an academic school system,
whereby a student may progressively advance, starting with the first
grade through the twelfth grade. This includes all accredited public
and parochial schools which are primary, secondary, or preparatory
schools. "School" does not include:
(1) a kindergarten, not a part of the public or parochial school
system;
(2) a day care center;
(3) an organization furnishing psychiatric care and treatment;
(4) an organization furnishing training or rehabilitation for
individuals with mental retardation or a physical disability,
which organization is not a part of the public or parochial
school system; or
(5) an organization offering preschool training, not a part of the
public or parochial school system. As added by Acts 1977, P.L.262, SEC.7. Amended by P.L.20-1984,
SEC.195; P.L.99-1988, SEC.23; P.L.23-1993, SEC.128;
P.L.99-2007, SEC.186.
IC 22-4-2-38 Review board
Sec. 38. As used in this article, "review board" means the
unemployment insurance review board. As added by P.L.18-1987, SEC.25.
IC 22-4-2-39 Liability administrative law judge
Sec. 39. As used in this article, "liability administrative law
judge" means a person who is:
(1) employed as an administrative law judge under
IC 22-4-17-4; and
(2) authorized to hear matters described in IC 22-4-32-1. As added by P.L.108-2006, SEC.4.
IC 22-4-2-1 Benefits
Sec. 1. As used in this article, unless the context clearly requires
otherwise, "benefits" means the money payments payable to an
eligible individual as provided in this article with respect to his
unemployment. (Formerly: Acts 1947, c.208, s.201.) As amended by P.L.144-1986,
SEC.87.
IC 22-4-2-2 Partial benefits
Sec. 2. "Partial benefits" means the weekly benefit amounts of any
eligible individual who is partially and/or part-totally unemployed,
less the deductible income as hereinafter defined. (Formerly: Acts 1947, c.208, s.202; Acts 1953, c.177, s.1; Acts 1957,
c.299, s.15.)
IC 22-4-2-3 Board
Sec. 3. "Board" means the unemployment insurance board
established by this article. (Formerly: Acts 1947, c.208, s.203.) As amended by P.L.144-1986,
SEC.88; P.L.18-1987, SEC.17.
IC 22-4-2-3.5 Commissioner
Sec. 3.5. "Commissioner" refers to the commissioner of workforce
development. As added by P.L.21-1995, SEC.62.
IC 22-4-2-4 Contributions
Sec. 4. "Contributions" means the money payments to the
unemployment insurance benefit fund required and provided by the
terms of this article. (Formerly: Acts 1947, c.208, s.204.) As amended by P.L.144-1986,
SEC.89; P.L.18-1987, SEC.18.
IC 22-4-2-5
Repealed
(Repealed by P.L.21-1995, SEC.149.)
IC 22-4-2-6 State
Sec. 6. "State" means and includes the several states of the United
States of America, the District of Columbia of the United States of
America, the Commonwealth of Puerto Rico, the Virgin Islands and
the Dominion of Canada. (Formerly: Acts 1947, c.208, s.206; Acts 1965, c.190, s.1; Acts 1967,
c.310, s.1.) As amended by Acts 1977, P.L.262, SEC.1.
IC 22-4-2-7 Employment office
Sec. 7. "Employment office" means a free public employment
office or branch thereof, maintained and operated by this state, any
other state or jurisdiction, or by any agency or instrumentality of the
United States of America, or where the context allows, maintained
by any state as a part of a state-controlled system of public
employment offices. (Formerly: Acts 1947, c.208, s.207.)
IC 22-4-2-8 Employment and training services administration fund
Sec. 8. "Employment and training services administration fund"
means the fund established by IC 22-4-24 from which administrative
expenses under this article shall be paid, other than those to be paid
from the special employment and training services fund, as provided
in IC 22-4-25. (Formerly: Acts 1947, c.208, s.208.) As amended by P.L.144-1986,
SEC.90; P.L.18-1987, SEC.20.
IC 22-4-2-9 Fund
Sec. 9. "Fund" means the unemployment insurance benefit fund
established by IC 22-4-26-1, in which all contributions required, all
payments in lieu of contributions, and all money received from the
federal government as reimbursements pursuant to section 204 of the
Federal-State Extended Compensation Act of 1970, 26 U.S.C. 3304n,
shall be deposited and from which all benefits provided under this
article shall be paid. (Formerly: Acts 1947, c.208, s.209; Acts 1971, P.L.355, SEC.1; Acts
1973, P.L.239, SEC.1.) As amended by P.L.18-1987, SEC.21;
P.L.1-2007, SEC.160.
IC 22-4-2-10 Special employment and training services fund
Sec. 10. "Special employment and training services fund" means
the special administrative fund created under IC 22-4-25. (Formerly: Acts 1947, c.208, s.210.) As amended by P.L.144-1986,
SEC.91; P.L.18-1987, SEC.22.
IC 22-4-2-11 Department
Sec. 11. "Department" means the department of workforce
development. (Formerly: Acts 1947, c.208, s.211.) As amended by P.L.18-1987,
SEC.23; P.L.21-1995, SEC.63. IC 22-4-2-12 Base period
Sec. 12. "Base period" means the first four (4) of the last five (5)
completed calendar quarters immediately preceding the first day of
an individual's benefit period: Provided, however, That for a claim
computed in accordance with IC 1971, 22-4-22, the base period shall
be the base period as outlined in the paying state's law. (Formerly: Acts 1947, c.208, s.212; Acts 1971, P.L.355, SEC.2.)
IC 22-4-2-12.5 Base period; persons receiving worker's compensation 52 weeks or
less
Sec. 12.5. Notwithstanding section 12 of this chapter, for an
individual who during the "base period" as defined in that section has
received worker's compensation benefits under IC 22-3-3 for a period
of fifty-two (52) weeks or less, and as a result has not earned
sufficient wage credits to meet the requirements of IC 22-4-14-5,
"base period" means the first four (4) of the last five (5) completed
calendar quarters immediately preceding the last day that the
individual was able to work, as a result of the individual's injury. As added by P.L.226-1983, SEC.1. Amended by P.L.28-1988,
SEC.68.
IC 22-4-2-13 Calendar quarter
Sec. 13. "Calendar quarter" means the period of three (3)
consecutive calendar months ending on March 31, June 30,
september 30, or December 31: Provided, That for due dates of state
unemployment returns in each instance of quarterly return, the date
shall be the last day of the month following the end of the quarter. (Formerly: Acts 1947, c.208, s.213; Acts 1965, c.202, s.1.)
IC 22-4-2-14 Week
Sec. 14. Except as provided in IC 22-4-5-3, "week" means a
calendar week. (Formerly: Acts 1947, c.208, s.214.) As amended by P.L.241-1987,
SEC.1.
IC 22-4-2-15 Weekly benefit amount
Sec. 15. "Weekly benefit amount" means the amount of benefits
an eligible individual would be entitled to receive for a particular
week of total unemployment. (Formerly: Acts 1947, c.208, s.215.)
IC 22-4-2-16 Annual payroll
Sec. 16. "Annual payroll" means the total amount of wages for
employment paid by an employer during the twelve (12) consecutive
calendar month period ending on the computation date of any
calendar year, including wages paid by any other employer whose
account has been assumed by such employer in accordance with the
provisions of IC 22-4-10-6 or IC 22-4-10-7. (Formerly: Acts 1947, c.208, s.216; Acts 1957, c.299, s.1.) As
amended by P.L.144-1986, SEC.92.
IC 22-4-2-17 Computation date
Sec. 17. Except as provided in IC 22-4-11.5, "computation date"
means June 30 of the year preceding the effective date of new rates
of contribution, except that in the event, after having been legally
terminated, an employer again becomes subject to this article during
the last six (6) months of a calendar year and resumes the employer's
former position with respect to the resources and liabilities of the
experience account, then and in such case the employer's first
"computation date" shall mean December 31 of the fourth
consecutive calendar year of such subjectivity and thereafter
"computation date" for such employer shall mean June 30. (Formerly: Acts 1947, c.208, s.217; Acts 1957, c.299, s.2.) As
amended by P.L.144-1986, SEC.93; P.L.80-1990, SEC.9;
P.L.202-1993, SEC.1; P.L.108-2006, SEC.1.
IC 22-4-2-17.5 Determination date
Sec. 17.5. "Determination date" means September 30 of each year. As added by P.L.202-1993, SEC.2.
IC 22-4-2-18 Balance
Sec. 18. "Balance" means the amount standing to the credit or
debit of the experience account as of the computation date. (Formerly: Acts 1947, c.208, s.218; Acts 1953, c.177, s.2.)
IC 22-4-2-19 Agency
Sec. 19. "Agency" means any officer, board, commission, or other
authority designated by an unemployment insurance law in force in
any state or in Canada to administer the unemployment insurance
fund for which provision is made by such unemployment insurance
law. (Formerly: Acts 1947, c.208, s.219.)
IC 22-4-2-20 Jurisdiction
Sec. 20. "Jurisdiction" means any state or Canada. (Formerly: Acts 1947, c.208, s.220.)
IC 22-4-2-21 Benefit period
Sec. 21. "Benefit period" with respect to any individual means the
fifty-two-consecutive-week period beginning with the first week as
of which an insured worker first files an initial claim for
determination of his insured status, and thereafter the
fifty-two-consecutive-week period beginning with the first week as
of which the individual next files an initial claim after the
termination of his last preceding benefit period. (Formerly: Acts 1947, c.208, s.221; Acts 1951, c.295, s.1; Acts 1953,
c.177, s.3.) As amended by Acts 1977, P.L.2, SEC.74.
IC 22-4-2-22 Valid claim
Sec. 22. "Valid claim" means a claim filed by an individual who
has established qualifying wage credits and who is totally, partially,
or part-totally unemployed; Provided, no individual in a benefit
period may file a valid claim for a waiting period or benefit period
rights with respect to any period subsequent to the expiration of such
benefit period. (Formerly: Acts 1947, c.208, s.222; Acts 1953, c.177, s.4.)
IC 22-4-2-23 Initial claim
Sec. 23. "Initial claim" means a written application, in a form
prescribed by the department, made by an individual for the
determination of the individual's status as an insured worker. (Formerly: Acts 1947, c.208, s.223; Acts 1953, c.177, s.5.) As
amended by P.L.108-2006, SEC.2.
IC 22-4-2-24 Additional claim
Sec. 24. "Additional claim" means a written application for a
determination of benefit eligibility, made by an individual in a form
prescribed by the department, to begin a second or subsequent series
of claims in a benefit period, by which application the individual
certifies to new unemployment resulting from a break in or loss of
work which has occurred since the last claim was filed by such
individual. (Formerly: Acts 1947, c.208, s.224; Acts 1953, c.177, s.6.) As
amended by P.L.108-2006, SEC.3.
IC 22-4-2-25 Insured worker
Sec. 25. "Insured worker" means an individual who, with respect
to a base period, meets the qualifying wage requirements of
IC 22-4-14-5. (Formerly: Acts 1947, c.208, s.225; Acts 1953, c.177, s.7.) As
amended by P.L.144-1986, SEC.94.
IC 22-4-2-26 Insured work
Sec. 26. "Insured work" means employment in the service of an
employer. (Formerly: Acts 1947, c.208, s.226; Acts 1953, c.177, s.8.)
IC 22-4-2-27
Repealed
(Repealed by P.L.20-1986, SEC.16.)
IC 22-4-2-28
Repealed
(Repealed by P.L.20-1986, SEC.16.)
IC 22-4-2-29 Insured unemployment
Sec. 29. "Insured unemployment" means unemployment during a
given week for which waiting period credit or benefits are claimed
under the state employment security program, the unemployment
compensation for federal employees program, the unemployment
compensation for veterans program, or the railroad unemployment
insurance program. (Formerly: Acts 1947, c.208, s.229; Acts 1967, c.310, s.4.)
IC 22-4-2-30 Hospital
Sec. 30. For all purposes of this article, the term "hospital" means:
(1) an institution defined in IC 16-18-2-179(b) and licensed by
the state department of health; or
(2) a state institution (as defined in IC 12-7-2-184). (Formerly: Acts 1971, P.L.355, SEC.3.) As amended by P.L.2-1992,
SEC.742; P.L.2-1993, SEC.131.
IC 22-4-2-31 Eligible postsecondary educational institution
Sec. 31. (a) "Eligible postsecondary educational institution" for
the purposes of this article, means an educational institution that:
(1) admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such a certificate;
(2) is legally authorized in this state to provide a program of
education beyond high school;
(3) provides an educational program for which it awards a
bachelor's or higher degree, or provides a program which is
acceptable for full credit toward such a degree, a program of
post-graduate or post-doctoral studies, or a program of training
to prepare students for gainful employment in a recognized
occupation; and
(4) is a public or other nonprofit institution.
(b) Notwithstanding subsection (a), the term includes all colleges
and universities in Indiana. (Formerly: Acts 1971, P.L.355, SEC.4.) As amended by P.L.2-2007,
SEC.289.
IC 22-4-2-32 Payment in lieu of contributions
Sec. 32. "Payment in lieu of contributions" means the required
reimbursements by employers of benefits paid attributable to services
performed for such employers which are liable to make these
payments as provided in IC 22-4-10-1. These payments shall equal
the full amount of regular benefits and the part of benefits not
reimbursed by the federal government under the Federal-State
Extended Unemployment Compensation Act of 1970 paid that are
attributable to services in the employ of such liable employers. (Formerly: Acts 1971, P.L.355, SEC.5.) As amended by
P.L.175-2009, SEC.2.
IC 22-4-2-33 New work
Sec. 33. The term "new work" wherever used in this article
including IC 1971, 22-4-15-2 means (a) work offered to an individual
by an employer with whom he has never had a contract of
employment; (b) work offered to an individual by his last employer
or any other employer with whom he does not have a contract of
employment at the time the offer is made; and (c) work offered to an
individual by his present employer of (i) different duties from those
he has agreed to perform in his existing contract of employment or
(ii) different terms or conditions of employment from those in his
existing contract. (Formerly: Acts 1971, P.L.355, SEC.6.)
IC 22-4-2-34 Extended benefit period; additional definitions
Sec. 34. (a) With respect to benefits for weeks of unemployment
beginning after August 13, 1981, "extended benefit period" means a
period which begins with the third week after a week for which there
is a state "on" indicator and ends with the later of the following:
(1) The third week after the first week for which there is a state
"off" indicator.
(2) The thirteenth consecutive week of such period.
(b) However, no extended benefit period may begin by reason of
a state "on" indicator before the fourteenth week following the end
of a prior extended benefit period which was in effect with respect
to this state.
(c) There is a state "on" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States Secretary of Labor, that for the period consisting of
such week and the immediately preceding twelve (12) weeks, the rate
of insured unemployment (not seasonally adjusted) under this article:
(1) equaled or exceeded one hundred twenty percent (120%) of
the average of such rates for the corresponding 13-week period
ending in each of the preceding two (2) calendar years; and
(2) equaled or exceeded five percent (5%).
However, the determination of whether there has been a state "on" or
"off" indicator beginning or ending any extended benefit period shall
be made under this subsection as if it did not contain subdivision (1)
if the insured unemployment rate is at least six percent (6%). Any
week for which there would otherwise be a state "on" indicator shall
continue to be such a week and may not be determined to be a week
for which there is a state "off" indicator.
(d) In addition to the test for a state "on" indicator under
subsection (c), there is a state "on" indicator for this state for a week
if:
(1) the average rate of total unemployment in Indiana,
seasonally adjusted, as determined by the United States
Secretary of Labor, for the period consisting of the most recent
three (3) months for which data for all states are published
before the close of the week, equals or exceeds six and
five-tenths percent (6.5%); and
(2) the average rate of total unemployment in Indiana,
seasonally adjusted, as determined by the United States
Secretary of Labor, for the three (3) month period referred to in
subdivision (1) equals or exceeds one hundred ten percent
(110%) of the average for either or both of the corresponding
three (3) month periods ending in the two (2) preceding
calendar years.
There is a state "off" indicator for a week if either of the
requirements in subdivisions (1) and (2) are not satisfied. However,
any week for which there would otherwise be a state "on" indicator
under this section continues to be subject to the "on" indicator and
shall not be considered a week for which there is a state "off"
indicator. 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).
(e) There is a state "off" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States Secretary of Labor, that for the period consisting of
such week and the immediately preceding twelve (12) weeks, the
requirements of subsection (c) have not been met.
(f) With respect to benefits for weeks of unemployment beginning
after August 13, 1981, "rate of insured unemployment," for purposes
of subsection (c), means the percentage derived by dividing:
(1) the average weekly number of individuals filing claims for
regular compensation in this state for weeks of unemployment
with respect to the most recent 13 consecutive week period (as
determined by the board on the basis of this state's reports to the
United States Secretary of Labor); by
(2) the average monthly employment covered under this article
for the first four (4) of the most recent six (6) completed
calendar quarters ending before the end of such 13-week period.
(g) "Regular benefits" means benefits payable to an individual
under this article or under the law of any other state (including
benefits payable to federal civilian employees and to ex-servicemen
pursuant to 5 U.S.C. 8501 through 8525) other than extended
benefits. "Additional benefits" means benefits other than extended
benefits and which are totally financed by a state payable to
exhaustees by reason of conditions of high unemployment or by
reason of other special factors under the provisions of any state law.
If extended compensation is payable to an individual by this state and
additional compensation is payable to the individual for the same
week by any state, the individual may elect which of the two (2)
types of compensation to claim.
(h) "Extended benefits" means benefits (including benefits
payable to federal civilian employees and to ex-servicemen pursuant
to 5 U.S.C. 8501 through 8525) payable to an individual under the
provisions of this article for weeks of unemployment in the
individual's "eligibility period". Pursuant to Section 3304 of the
Internal Revenue Code extended benefits are not payable to interstate
claimants filing claims in an agent state which is not in an extended
benefit period, against the liable state of Indiana when the state of
Indiana is in an extended benefit period. This prohibition does not
apply to the first two (2) weeks claimed that would, but for this
prohibition, otherwise be payable. However, only one such two (2)
week period will be granted on an extended claim. Notwithstanding
any other provisions of this chapter, with respect to benefits for
weeks of unemployment beginning after October 31, 1981, if the
benefit year of any individual ends within an extended benefit
period, the remaining balance of extended benefits that the individual
would, but for this clause, be entitled to receive in that extended
benefit period, with respect to weeks of unemployment beginning
after the end of the benefit year, shall be reduced (but not below
zero) by the product of the number of weeks for which the individual
received any amounts as trade readjustment allowances within that
benefit year, multiplied by the individual's weekly benefit amount for
extended benefits.
(i) "Eligibility period" of an individual means the period
consisting of the weeks in the individual's benefit period which begin
in an extended benefit period and, if the individual's benefit period
ends within such extended benefit period, any weeks thereafter
which begin in such extended benefit period. For any weeks of
unemployment beginning after February 17, 2009, and before
January 1, 2010, an individual's eligibility period (as described in
Section 203(c) of the Federal-State Unemployment Compensation
Act of 1970) is, for purposes of any determination of eligibility for
extended compensation under state law, considered to include any
week that begins:
(1) after the date as of which the individual exhausts all rights
to emergency unemployment compensation; and
(2) during an extended benefit period that began on or before
the date described in subdivision (1).
(j) "Exhaustee" means an individual who, with respect to any
week of unemployment in the individual's eligibility period:
(1) has received, prior to such week, all of the regular benefits
including dependent's allowances that were available to the
individual under this article or under the law of any other state
(including benefits payable to federal civilian employees and
ex-servicemen under 5 U.S.C. 8501 through 8525) in the
individual's current benefit period that includes such week.
However, for the purposes of this subsection, an individual shall
be deemed to have received all of the regular benefits that were
available to the individual although as a result of a pending
appeal with respect to wages that were not considered in the
original monetary determination in the individual's benefit
period or although a nonmonetary decision denying benefits is
pending, the individual may subsequently be determined to be
entitled to added regular benefits;
(2) may be entitled to regular benefits with respect to future
weeks of unemployment but such benefits are not payable with
respect to such week of unemployment by reason of seasonal
limitations in any state unemployment insurance law; or
(3) having had the individual's benefit period expire prior to
such week, has no, or insufficient, wages on the basis of which
the individual could establish a new benefit period that would
include such week;
and has no right to unemployment benefits or allowances, as the case
may be, under the Railroad Unemployment Insurance Act, the Trade
Act of 1974, the Automotive Products Trade Act of 1965 and such
other federal laws as are specified in regulations issued by the United
States Secretary of Labor, and has not received and is not seeking
unemployment benefits under the unemployment compensation law
of Canada; but if the individual is seeking such benefits and the
appropriate agency finally determines that the individual is not
entitled to benefits under such law, the individual is considered an
exhaustee.
(k) "State law" means the unemployment insurance law of any
state, approved by the United States Secretary of Labor under
Section 3304 of the Internal Revenue Code. (Formerly: Acts 1971, P.L.355, SEC.7; Acts 1973, P.L.239, SEC.2.)
As amended by Acts 1977, P.L.262, SEC.4; Acts 1981, P.L.209,
SEC.3; Acts 1982, P.L.95, SEC.2; P.L.2-1987, SEC.27; P.L.18-1987,
SEC.24; P.L.21-1995, SEC.64; P.L.175-2009, SEC.3.
IC 22-4-2-35 Credit reserve ratio
Sec. 35. An employer's credit reserve ratio is determined on the
basis of the relationship that the credit balance shown by his
experience account as of the computation date bears to the wages
paid by the employer or his predecessors for the employment during
the thirty-six (36) months immediately preceding the computation
date. As added by Acts 1977, P.L.262, SEC.5.
IC 22-4-2-36 Debit reserve ratio
Sec. 36. An employer's debit reserve ratio is determined on the
basis of the relationship that the debit balance shown by his
experience account as of the computation date bears to the wages
paid by the employer or his predecessors for employment during the
thirty-six (36) months immediately preceding the computation date. As added by Acts 1977, P.L.262, SEC.6.
IC 22-4-2-37 School
Sec. 37. For the purposes of IC 22-4-8-2(j)(3)(C), "school" means
an educational institution that is accredited and approved by the
Indiana state board of education and is an academic school system,
whereby a student may progressively advance, starting with the first
grade through the twelfth grade. This includes all accredited public
and parochial schools which are primary, secondary, or preparatory
schools. "School" does not include:
(1) a kindergarten, not a part of the public or parochial school
system;
(2) a day care center;
(3) an organization furnishing psychiatric care and treatment;
(4) an organization furnishing training or rehabilitation for
individuals with mental retardation or a physical disability,
which organization is not a part of the public or parochial
school system; or
(5) an organization offering preschool training, not a part of the
public or parochial school system. As added by Acts 1977, P.L.262, SEC.7. Amended by P.L.20-1984,
SEC.195; P.L.99-1988, SEC.23; P.L.23-1993, SEC.128;
P.L.99-2007, SEC.186.
IC 22-4-2-38 Review board
Sec. 38. As used in this article, "review board" means the
unemployment insurance review board. As added by P.L.18-1987, SEC.25.
IC 22-4-2-39 Liability administrative law judge
Sec. 39. As used in this article, "liability administrative law
judge" means a person who is:
(1) employed as an administrative law judge under
IC 22-4-17-4; and
(2) authorized to hear matters described in IC 22-4-32-1. As added by P.L.108-2006, SEC.4.
