CHAPTER 12. BENEFITS SCHEDULE
IC 22-4-12
Chapter 12. Benefits Schedule
IC 22-4-12-1
Eligibility; payment; death
Sec. 1. Benefits designated as unemployment insurance benefitsshall become payable from the fund to any individual who is orbecomes unemployed and eligible for benefits under the terms of thisarticle. All benefits shall be paid through the department or suchother agencies as the department by rule may designate at such timesand in such manner as the department may prescribe. The departmentmay adopt rules to provide for the payment of benefits due andpayable on executed vouchers to persons since deceased; benefits sodue 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 governingdecedent estates, and every such payment shall be deemed a validpayment to the same extent as if made to the legal representative ofthe 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 weekbeginning on and after July 6, 1980, and before July 7, 1985, eacheligible individual who is totally unemployed (as defined inIC 22-4-3-1) in any week in the individual's benefit period shall bepaid for the week, if properly claimed, benefits at the rate of four andthree-tenths percent (4.3%) of the individual's wage credits in thecalendar quarter during the individual's base period in which thewage credits were highest. However, the weekly benefit amount maynot exceed:
(1) eighty-four dollars ($84) if the eligible and qualifiedindividual has no dependents;
(2) ninety-nine dollars ($99) if the eligible and qualifiedindividual has one (1) dependent;
(3) one hundred thirteen dollars ($113) if the eligible andqualified individual has two (2) dependents;
(4) one hundred twenty-eight dollars ($128) if the eligible andqualified individual has three (3) dependents; or
(5) one hundred forty-one dollars ($141) if the eligible andqualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on andafter July 7, 1985, and before July 6, 1986, each eligible individualwho is totally unemployed (as defined in IC 22-4-3-1) in any weekin the individual's benefit period shall be paid for the week, ifproperly claimed, benefits at the rate of four and three-tenths percent(4.3%) of the individual's wage credits in the calendar quarter duringthe 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 individualhas no dependents;
(2) one hundred six dollars ($106) if the eligible and qualifiedindividual has one (1) dependent;
(3) one hundred twenty-one dollars ($121) if the eligible andqualified individual has two (2) dependents;
(4) one hundred thirty-seven dollars ($137) if the eligible andqualified individual has three (3) dependents; or
(5) one hundred fifty-one dollars ($151) if the eligible andqualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on andafter July 6, 1986, and before July 7, 1991, each eligible individualwho is totally unemployed (as defined in IC 22-4-3-1) in any weekin the individual's benefit period shall be paid for the week, ifproperly claimed, benefits at the rate of four and three-tenths percent(4.3%) of the individual's wage credits in the calendar quarter duringthe 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 qualifiedindividual has no dependents;
(2) one hundred thirteen dollars ($113) if the eligible andqualified individual has one (1) dependent;
(3) one hundred twenty-nine dollars ($129) if the eligible andqualified individual has two (2) dependents;
(4) one hundred forty-seven dollars ($147) if the eligible andqualified individual has three (3) dependents; or
(5) one hundred sixty-one dollars ($161) if the eligible andqualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on andafter July 7, 1991, benefits shall be paid in accordance withsubsections (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 todependent children under the welfare program, or child placed in theclaimant's home for adoption by an authorized placement agency ora court of law, provided such child is under eighteen (18) years ofage 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 theclaimant's benefit year beginning date, but only if such dependentwho is the lawful husband or wife is unemployed and currentlyineligible for Indiana benefits because of insufficient base periodwages. The number and status of dependents shall be determined asof the beginning of the claimant's benefit period and shall not bechanged during that benefit period.
With respect to initial claims filed for any week beginning on andafter July 6, 1980, the term "dependent" shall include a person witha 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 hissupport from the claimant during the ninety (90) day periodimmediately preceding the claimant's benefit year beginning date."Child" includes a natural child, an adopted child, a stepchild ofclaimant, if the stepchild is not receiving aid to dependent childrenunder the welfare program, or a child placed in the claimant's homefor adoption by an authorized placement agency or a court of law.The term "disabled" means an individual who by reason of physicalor mental defect or infirmity, whether congenital or acquired byaccident, injury, or disease, is totally or partially prevented fromachieving 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" includesa child for whom claimant is the court appointed legal guardian.
On and after July 6, 1980, and before July 7, 1991, if the weeklybenefit amount is less than forty dollars ($40), the board, through thecommissioner, shall pay benefits at the rate of forty dollars ($40) perweek. On and after July 7, 1991, if the weekly benefit amount is lessthan fifty dollars ($50), the board, through the commissioner, shallpay benefits at the rate of fifty dollars ($50) per week. If such weeklybenefit amount is not a multiple of one dollar ($1), it shall becomputed to the next lower multiple of one dollar ($1).
(b) Each eligible individual who is partially or part-totallyunemployed in any week shall be paid with respect to such week abenefit in an amount equal to his weekly benefit amount, less hisdeductible income, if any, for such week. If such partial benefit is nota multiple of one dollar ($1), it shall be computed to the next lowermultiple of one dollar ($1). Except for an individual who is totallyunemployed, an individual who is not partially or part-totallyunemployed is not eligible for any benefit. The board may prescriberules governing the payment of such partial benefits, and mayprovide, with respect to individuals whose earnings cannotreasonably be computed on a weekly basis, that such benefits may becomputed and paid on other than a weekly basis; however, such rulesshall secure results reasonably equivalent to those provided in theanalogous provisions of this section.
(c) The weekly extended benefit amount payable to an individualfor a week of total unemployment in the individual's eligibility periodshall be an amount equal to the weekly benefit amount payable to theindividual during the individual's applicable benefit period, prior toany reduction of such weekly benefit amount.
(d) With respect to initial claims filed for any week beginning onand after July 7, 1991, and before July 1, 1995, each eligibleindividual who is totally unemployed (as defined in IC 22-4-3-1) inany 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 duringthe individual's base period in which the wage credits werehighest; and (2) four percent (4%) of the individual's remaining wage creditsin the calendar quarter during the individual's base period inwhich the wage credits were highest.
However, the weekly benefit amount may not exceed the amountspecified in subsections (e) through (i).
(e) With respect to initial claims filed for any week beginning onand after July 7, 1991, and before July 5, 1992, the weekly benefitamount may not exceed:
(1) one hundred sixteen dollars ($116) if the eligible andqualified individual has no dependents;
(2) one hundred thirty-four dollars ($134) if the eligible andqualified individual has one (1) dependent;
(3) one hundred fifty-three dollars ($153) if the eligible andqualified individual has two (2) dependents; or
(4) one hundred seventy-one dollars ($171) if the eligible andqualified individual has three (3) or more dependents.
(f) With respect to initial claims filed for any week beginning onand after July 5, 1992, and before July 4, 1993, the weekly benefitamount may not exceed:
(1) one hundred forty dollars ($140) if the eligible and qualifiedindividual has no dependents;
(2) one hundred sixty dollars ($160) if the eligible and qualifiedindividual has one (1) dependent; or
(3) one hundred eighty-one dollars ($181) if the eligible andqualified individual has two (2) or more dependents.
(g) With respect to initial claims filed for any week beginning onand after July 4, 1993, and before July 3, 1994, the weekly benefitamount may not exceed:
(1) one hundred seventy dollars ($170) if the eligible andqualified individual has no dependents; or
(2) one hundred ninety-two dollars ($192) if the eligible andqualified individual has one (1) or more dependents.
(h) With respect to initial claims filed for any week beginning onor after July 3, 1994, and before July 1, 1995, the weekly benefitamount may not exceed two hundred two dollars ($202).
(i) With respect to initial claims filed for any week on or afterJuly 1, 1995, the weekly benefit amount will equal the amount thatresults from applying the percentages provided in subsections (j)through (k) to the applicable maximum wage credits underIC 22-4-4-3.
(j) With respect to initial claims filed for any week beginning onand after July 1, 1995, and before July 1, 1997, each eligibleindividual who is totally unemployed (as defined in IC 22-4-3-1) inany 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 hundredfifty dollars ($1,750) of the individual's wage credits in thecalendar quarter during the individual's base period in which thewage 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 inwhich the wage credits were highest.
However, the weekly benefit amount may not exceed the amountspecified in subsection (i).
(k) With respect to initial claims filed for any week beginning onand after July 1, 1997, each eligible individual who is totallyunemployed (as defined in IC 22-4-3-1) in any week in theindividual's benefit period shall be paid for the week, if properlyclaimed, 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 duringthe individual's base period in which the wage credits werehighest; and
(2) four percent (4%) of the individual's remaining wage creditsin the calendar quarter during the individual's base period inwhich the wage credits were highest.
(Formerly: Acts 1947, c.208, s.1202; Acts 1951, c.307, s.2; Acts1955, c.274, s.1; Acts 1957, c.294, s.2; Acts 1959, c.97, s.2; Acts1965, 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 amendedby Acts 1976, P.L.114, SEC.3; Acts 1977, P.L.262, SEC.21; Acts1980, 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 eligibleindividual shall be reduced by one-third (1/3) thereof, computed tothe next lower multiple of one dollar ($1.00), for each normal workday during which such individual is unable to work or is unavailablefor 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 wagecredits of an individual in the individual's base period. Wage creditsshall be reported by the employer and credited to the individual inthe manner prescribed by the board. With respect to initial claimsfiled for any week beginning on and after July 7, 1991, the maximumtotal amount of benefits payable to any eligible individual during anybenefit period shall not exceed twenty-six (26) times the individual's
weekly benefit, or twenty-eight percent (28%) of the individual'swage credits with respect to the individual's base period, whicheveris less. If such maximum total amount of benefits is not a multiple ofone dollar ($1), it shall be computed to the next lower multiple ofone dollar ($1).
(b) Except as provided in subsection (d), the total extendedbenefit amount payable to any eligible individual with respect to theindividual's applicable benefit period shall be fifty percent (50%) ofthe total amount of regular benefits (including dependents'allowances) which were payable to the individual under this articlein the applicable benefit year, or thirteen (13) times the weeklybenefit amount (including dependents' allowances) which waspayable to the individual under this article for a week of totalunemployment in the applicable benefit year, whichever is the lesseramount.
(c) This subsection applies to individuals who file a disasterunemployment claim or a state unemployment insurance claim afterJune 1, 1990, and before June 2, 1991, or during another timespecified 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 StaffordDisaster Relief and Emergency Assistance Act; or
(B) a state unemployment insurance claim as a direct resultof a major disaster;
(2) all regular benefits and all disaster unemployment assistancebenefits:
(A) have been exhausted by the individual; or
(B) are no longer payable to the individual due to theexpiration of the disaster assistance period; and
(3) the individual remains unemployed as a direct result of thedisaster.
(d) For purposes of this subsection, "high unemployment period"means a period during which an extended benefit period would be ineffect if IC 22-4-2-34(d)(1) were applied by substituting "eightpercent (8%)" for "six and five-tenths percent (6.5%)". Effectivewith respect to weeks beginning in a high unemployment period, thetotal extended benefit amount payable to an eligible individual withrespect to the applicable benefit year is equal to the least of thefollowing amounts:
(1) Eighty percent (80%) of the total amount of regular benefitsthat were payable to the eligible individual under this article inthe applicable benefit year.
(2) Twenty (20) times the weekly benefit amount that waspayable to the eligible individual under this article for a weekof total unemployment in the applicable benefit year.
(3) Forty-six (46) times the weekly benefit amount that waspayable to the eligible individual under this article for a weekof total unemployment in the applicable benefit year, reducedby the regular unemployment compensation benefits paid (or
deemed paid) during the benefit year.
This subsection expires on the later of December 5, 2009, or theweek ending four (4) weeks before the last week for which federalsharing is authorized by Section 2005(a) of Division B, Title II (thefederal Assistance to Unemployed Workers and Struggling FamiliesAct) of the federal American Recovery and Reinvestment Act of2009 (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 byP.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 whichhis services are not required for the customary scheduled full-timehours prevailing in the establishment in which he is employed, orwho, owing to personal circumstances, does not customarily workthe customary scheduled full-time hours prevailing in theestablishment in which he is employed.
(b) The board may prescribe rules applicable to part-time workersfor determining their weekly benefit amount and the wage creditsrequired to qualify such individuals for benefits. Such rules shall,with respect to such individuals, supersede any inconsistentprovisions of this article, but, so far as practicable, shall secureresults reasonably equivalent to those provided in the analogousprovisions of this article.
(Formerly: Acts 1947, c.208, s.1205.) As amended by P.L.144-1986,SEC.102.