CHAPTER 14. ELIGIBILITY FOR BENEFITS
IC 22-4-14
Chapter 14. Eligibility for Benefits
IC 22-4-14-1
Claims; inverse seniority layoffs; other layoffs and plant closures
Sec. 1. (a) Except as provided in IC 22-4-5-1 or subsection (b) or(c), an unemployed individual shall be eligible to receive benefitswith respect to any week only if the individual has made a claim forbenefits in accordance with IC 22-4-17.
(b) A person who:
(1) accepts a layoff under an inverse seniority clause of avalidly negotiated contract; and
(2) otherwise meets the eligibility requirements established bythis article;
is entitled to receive benefits in the same amounts, under the sameterms, and subject to the same conditions as any other unemployedperson.
(c) This subsection does not apply to a person who elects to retirein connection with a layoff or plant closure and receive pension,retirement, or annuity payments. Except as provided in IC 22-4-5-1,a person who:
(1) accepts an offer of payment or other compensation offeredby an employer to avert or lessen the effect of a layoff or plantclosure; and
(2) otherwise meets the eligibility requirements established bythis article;
is entitled to receive benefits in the same amounts, under the sameterms, and subject to the same conditions as any other unemployedperson.
(Formerly: Acts 1947, c.208, s.1401; Acts 1971, P.L.355, SEC.29.)As amended by P.L.138-2008, SEC.3.
IC 22-4-14-2
Employment offices; registration; reporting; issuance of warrants;job counseling and training
Sec. 2. (a) An unemployed individual is eligible to receivebenefits with respect to any week only if the individual has:
(1) registered for work at an employment office or branchthereof or other agency designated by the commissioner withinthe time limits that the department by rule adopts; and
(2) subsequently reported with the frequency and in the manner,either in person or in writing, that the department by ruleadopts.
(b) Failure to comply with subsection (a) shall be excused by thecommissioner or the commissioner's authorized representative upona showing of good cause therefor. The department shall waive oralter the requirements of this section as to such types of cases orsituations that compliance with such requirements would beoppressive or would be inconsistent with the purposes of this article.
(c) The department shall provide job counseling or training to an
individual who remains unemployed for at least four (4) weeks. Themanner and duration of the counseling shall be determined by thedepartment.
(d) An individual who is receiving benefits as determined underIC 22-4-15-1(c)(8) is entitled to complete the reporting, counseling,or training that must be conducted in person at a one stop centerselected by the individual. The department shall advise an eligibleindividual that this option is available.
(e) The department may waive the requirements of subsection (a)for a week only when one (1) of the following applies to anindividual for that week:
(1) The individual is attending training or retraining approvedby the department.
(2) The individual is a job-attached worker with a specific recalldate that is not more than sixty (60) days after the individual'sseparation date.
(3) The individual is using:
(A) a hiring service;
(B) a referral service; or
(C) another job placement service as determined by thedepartment.
(4) Any other situation exists for which the departmentconsiders requiring compliance by the individual with thissection to be inconsistent with the purposes of this article.
(Formerly: Acts 1947, c.208, s.1402; Acts 1953, c.177, s.14; Acts1969, c.300, s.3.) As amended by P.L.144-1986, SEC.103;P.L.18-1987, SEC.41; P.L.80-1990, SEC.12; P.L.1-1991, SEC.149;P.L.21-1995, SEC.78; P.L.108-2006, SEC.25; P.L.175-2009,SEC.19.
IC 22-4-14-3
Ability to work; available for work; military service; approvedtraining
Sec. 3. (a) An individual who is receiving benefits as determinedunder IC 22-4-15-1(c)(8) may restrict the individual's availabilitybecause of the individual's need to address the physical,psychological, or legal effects of being a victim of domestic orfamily violence (as defined in IC 31-9-2-42).
(b) An unemployed individual shall be eligible to receive benefitswith respect to any week only if the individual:
(1) is physically and mentally able to work;
(2) is available for work;
(3) is found by the department to be making an effort to securefull-time work; and
(4) participates in reemployment services, such as job searchassistance services, if the individual has been determined to belikely to exhaust regular benefits and to need reemploymentservices under a profiling system established by the department,unless the department determines that:
(A) the individual has completed the reemployment services;
or
(B) failure by the individual to participate in or complete thereemployment services is excused by the director underIC 22-4-14-2(b).
The term "effort to secure full-time work" shall be defined by thedepartment through rule which shall take into consideration whethersuch individual has a reasonable assurance of reemployment and, ifso, the length of the prospective period of unemployment. However,if an otherwise eligible individual is unable to work or unavailablefor work on any normal work day of the week the individual shall beeligible to receive benefits with respect to such week reduced byone-third (1/3) of the individual's weekly benefit amount for each dayof such inability to work or unavailability for work.
(c) For the purpose of this article, unavailability for work of anindividual exists in, but is not limited to, any case in which, withrespect to any week, it is found:
(1) that such individual is engaged by any unit, agency, orinstrumentality of the United States, in charge of public worksor assistance through public employment, or any unit, agency,or instrumentality of this state, or any political subdivisionthereof, in charge of any public works or assistance throughpublic employment;
(2) that such individual is in full-time active military service ofthe United States, or is enrolled in civilian service as aconscientious objector to military service;
(3) that such individual is suspended for misconduct inconnection with the individual's work; or
(4) that such individual is in attendance at a regularlyestablished public or private school during the customary hoursof the individual's occupation or is in any vacation periodintervening between regular school terms during which theindividual is a student. However, this subdivision does notapply to any individual who is attending a regularly establishedschool, has been regularly employed and upon becomingunemployed makes an effort to secure full-time work and isavailable for suitable full-time work with the individual's lastemployer, or is available for any other full-time employmentdeemed suitable.
(d) Notwithstanding any other provisions in this section orIC 22-4-15-2, no otherwise eligible individual shall be deniedbenefits for any week because the individual is in training with theapproval of the department, nor shall such individual be deniedbenefits with respect to any week in which the individual is intraining with the approval of the department by reason of theapplication of the provisions of this section with respect to theavailability for work or active search for work or by reason of theapplication of the provisions of IC 22-4-15-2 relating to failure toapply for, or the refusal to accept, suitable work. The departmentshall by rule prescribe the conditions under which approval of suchtraining will be granted. (e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, anotherwise eligible individual shall not be denied benefits for anyweek or determined not able, available, and actively seeking work,because the individual is responding to a summons for jury service.The individual shall:
(1) obtain from the court proof of the individual's jury service;and
(2) provide to the department, in the manner the departmentprescribes by rule, proof of the individual's jury service.
(Formerly: Acts 1947, c.208, s.1403; Acts 1951, c.307, s.3; Acts1955, c.317, s.8; Acts 1967, c.310, s.18; Acts 1971, P.L.355, SEC.30;Acts 1975, P.L.253, SEC.1.) As amended by Acts 1976, P.L.114,SEC.4; Acts 1980, P.L.158, SEC.3; P.L.227-1983, SEC.7;P.L.18-1987, SEC.42; P.L.21-1995, SEC.79; P.L.189-2003, SEC.2;P.L.108-2006, SEC.26; P.L.175-2009, SEC.20; P.L.110-2010,SEC.30.
IC 22-4-14-4
Waiting period
Sec. 4. As a condition precedent to the payment of benefits to anindividual with respect to any week such individual shall be requiredto serve a waiting period of one (1) week in which he has beentotally, partially or part-totally unemployed and with respect towhich he has received no benefits, but during which he was eligiblefor benefits in all other respects and was not otherwise ineligible forbenefits under any provisions of this article. Such waiting periodshall be a week in the individual's benefit period and during suchweek such individual shall be physically and mentally able to workand available for work. No individual in a benefit period may file forwaiting period or benefit period rights with respect to any subsequentperiod. Provided, however, That no waiting period shall be requiredas a prerequisite for drawing extended benefits.
(Formerly: Acts 1947, c.208, s.1404; Acts 1971, P.L.355, SEC.31.)
IC 22-4-14-5
Wage credits
Sec. 5. (a) As further conditions precedent to the payment ofbenefits to an individual with respect to benefit periods establishedon and after July 1, 1995, but before January 1, 2010:
(1) the individual must have established, after the last day of theindividual's last base period, if any, wage credits (as defined inIC 22-4-4-3 and within the meaning of IC 22-4-22-3) equal toat least one and one-quarter (1.25) times the wages paid to theindividual in the calendar quarter in which the individual'swages were highest; and
(2) the individual must have established wage credits in the lasttwo (2) calendar quarters of the individual's base period in atotal amount of not less than one thousand six hundred fiftydollars ($1,650) and an aggregate in the four (4) calendarquarters of the individual's base period of not less than two
thousand seven hundred fifty dollars ($2,750).
(b) As a further condition precedent to the payment of benefits toan individual with respect to a benefit year established on and afterJuly 1, 1995, an insured worker may not receive benefits in a benefityear unless after the beginning of the immediately preceding benefityear during which the individual received benefits, the individualperformed insured work and earned wages in employment underIC 22-4-8 in an amount not less than the individual's weekly benefitamount established for the individual in the preceding benefit yearin each of eight (8) weeks.
(c) As further conditions precedent to the payment of benefits toan individual with respect to benefit periods established on and afterJanuary 1, 2010:
(1) the individual must have established, after the last day of theindividual's last base period, if any, wage credits (as defined inIC 22-4-4-3 and within the meaning of wages underIC 22-4-22-3) equal to at least one and five-tenths (1.5) timesthe wages paid to the individual in the calendar quarter in whichthe individual's wages were highest; and
(2) the individual must have established wage credits in the lasttwo (2) calendar quarters of the individual's base period in atotal amount of not less than two thousand five hundred dollars($2,500) and a total amount in the four (4) calendar quarters ofthe individual's base period of not less than four thousand twohundred dollars ($4,200).
(Formerly: Acts 1947, c.208, s.1405; Acts 1965, c.190, s.8; Acts1971, P.L.355, SEC.32; Acts 1974, P.L.110, SEC.3.) As amended byActs 1980, P.L.158, SEC.4; P.L.34-1985, SEC.6; P.L.171-1991,SEC.5; P.L.21-1995, SEC.80; P.L.166-1996, SEC.2; P.L.175-2009,SEC.21.
IC 22-4-14-6
Extended benefits; eligibility; effect of disqualification
Sec. 6. (a) An individual shall be eligible to receive extendedbenefits with respect to any week of unemployment in theindividual's eligibility period only if the commissioner finds that withrespect to such week:
(1) the individual is an "exhaustee" (as defined inIC 22-4-2-34(j)); and
(2) the individual has satisfied the requirements of this articlefor the receipt of regular benefits that are applicable to extendedbenefits, including not being subject to a disqualification for thereceipt of benefits.
(b) If an individual has been disqualified from receiving extendedbenefits for failure to actively engage in seeking work underIC 22-4-15-2(c), the ineligibility shall continue for the week in whichthe failure occurs and until the individual earns remuneration inemployment equal to or exceeding the weekly benefit amount of theindividual's claim in each of four (4) weeks. For purposes of thissubsection, an individual shall be treated as actively engaged in
seeking work during any week if:
(1) the individual has engaged in a systematic and sustainedeffort to obtain work during the week; and
(2) the individual provides tangible evidence to the departmentof workforce development that the individual has engaged in aneffort to obtain work during the week.
(c) For claims for extended benefits established after September25, 1982, notwithstanding any other provision of this article, anindividual shall be eligible to receive extended benefits only if theindividual's insured wages in the base period with respect to whichthe individual exhausted all rights to regular compensation wereequal to or exceeded one and one-half (1 1/2) times the individual'sinsured wages in that calendar quarter of the base period in which theindividual's insured wages were the highest.
(Formerly: Acts 1971, P.L.355, SEC.33.) As amended by Acts 1981,P.L.209, SEC.7; Acts 1982, P.L.95, SEC.3; P.L.18-1987, SEC.43;P.L.21-1995, SEC.81; P.L.175-2009, SEC.22.
IC 22-4-14-7
Institutions of higher education or other educational institution;period between terms, vacation periods, and holiday recesses
Sec. 7. (a) Benefits based on service in employment defined inIC 22-4-8-2(i) and IC 22-4-8-2(j) shall be payable in the sameamount, on the terms, and subject to the same conditions ascompensation payable on the basis of other service subject to thisarticle, unless otherwise specifically provided, subject to thefollowing exceptions:
(1) With respect to service performed in an instructional,research, or principal administrative capacity for an educationalinstitution, benefits may not be paid based on the service forany week of unemployment commencing during the periodbetween two (2) successive academic years, or terms, or duringthe period between two (2) regular but not successive terms, orduring a period of paid sabbatical leave provided for in theindividual's contract, to any individual if the individualperforms the services in the first of the academic years or termsand if there is a reasonable assurance that the individual willperform services in an instructional, research, or principaladministrative capacity for any educational institution in thesecond of the academic years or terms.
(2) With respect to services performed in any capacity (otherthan those listed in subdivision (1) of this section) for aneducational institution, benefits may not be paid based on theservice of an individual for any week which commences duringa period between two (2) successive academic years or terms ifthe individual performs the service in the first of the academicyears or terms and there is reasonable assurance that theindividual will perform the service in the second of theacademic years or terms. However, with respect to weeks ofunemployment beginning on or after January 1, 1984, if
compensation is denied to any individual under this subdivisionand the individual was not offered an opportunity to performsuch services for the educational institution for the second ofthe academic years or terms, the individual is entitled to aretroactive payment of compensation for each week for whichthe individual filed a timely claim for compensation and forwhich compensation was denied solely by reason of thissubdivision.
(3) With respect to any services described in subdivisions (1) or(2) of this section, compensation payable for these servicesshall be denied to any individual for any week whichcommences during an established and customary vacationperiod or holiday recess if there is reasonable assurance that theindividual will perform the services in the period immediatelyfollowing the vacation period or holiday recess.
(4) With respect to any services described in subdivisions (1)and (2), benefits shall not be payable on the basis of services inany such capacities as specified in subdivisions (1), (2), and (3)to any individual who performed such services in aneducational institution while in the employ of an educationalservice agency. For purposes of this subdivision, the term"educational service agency" means a governmental agency orgovernmental entity that is established and operated exclusivelyfor the purpose of providing such services to one (1) or moreeducational institutions.
(b) For purposes of this section, benefits may not be denied duringthe period between academic years or terms to any individual havingwage credits earned with other than an educational institution if thewage credits qualify the individual under section 5 of this chapterand the individual is otherwise eligible. In these cases, the claimshall be computed based on the wage credits earned with employersother than educational institutions reported for the individual duringthe base period, in accordance with IC 22-4-12-2 and IC 22-4-12-4.Benefits paid based on the computation shall be only for weeks ofunemployment occurring between academic years or terms. For anyweeks of unemployment claims other than between academic yearsor terms, the claims of these individuals shall be recomputed toinclude all base period wages.
(Formerly: Acts 1971, P.L.355, SEC.34.) As amended by Acts 1977,P.L.262, SEC.22; Acts 1978, P.L.122, SEC.2; Acts 1979, P.L.229,SEC.3; P.L.227-1983, SEC.8; P.L.129-1984, SEC.2.
IC 22-4-14-8
Sports; period between seasons
Sec. 8. For weeks of unemployment occurring subsequent toDecember 31, 1977, benefits may not be paid to any individual onthe basis of any service substantially all of which consists ofparticipating in sports or athletic events or training or preparing toparticipate in these events for any week which commences during theperiod between two (2) successive sport seasons or similar periods,
if the individual performed the services in the first of the seasons orsimilar periods and there is a reasonable assurance that the individualwill perform the services in the second of the seasons or similarperiods.
Benefits may not be denied, however, for any week whichcommences during the period between two (2) successive sportseasons or similar periods if the individual has performed services inemployment other than participating in sports or athletic events ortraining or preparing to participate in these events with wage creditsearned in the other employment during his base period in sufficientamount to qualify under IC 22-4-14-5 and the individual is otherwiseeligible. In these cases, the claim shall be computed based on thewage credits earned with employers other than those employing theindividual in sports or athletic events reported for the individualduring his base period and in accordance with IC 22-4-12-2 andIC 22-4-12-4. Benefits paid based on this computation shall be onlyfor weeks of unemployment occurring between sport seasons orsimilar periods. For any weeks of unemployment claimed other thanbetween sports seasons or similar periods, the claims of theseindividuals shall be recomputed to include all base period wages.
As added by Acts 1977, P.L.262, SEC.23.
IC 22-4-14-9
Aliens
Sec. 9. For weeks of unemployment occurring subsequent toDecember 31, 1977, benefits may not be paid on the basis of servicesperformed by an alien unless the alien is an individual who has beenlawfully admitted for permanent residence at the time the servicesare performed, is lawfully present for purposes of performing theservices, or otherwise is permanently residing in the United Statesunder color of law at the time the services are performed (includingan alien who is lawfully present in the United States as a result of theapplication of the provisions of Section 207, Section 208, or Section212(d)(5) of the Immigration and Nationality Act, (8 U.S.C. 1157through 1158).
(1) Any data or information required of individuals applying forbenefits to determine whether benefits are not payable to thembecause of their alien status shall be uniformly required from allapplicants for benefits.
(2) In the case of an individual whose application for benefitswould otherwise be approved, no determination that benefits tothe individual are not payable because of his alien status may bemade except upon a preponderance of the evidence.
(3) Any modifications to the provisions of Section 3304(a)(14)of the Federal Unemployment Tax Act, as provided byP.L.94-566, which specify other conditions or other effectivedate than stated in this section for the denial of benefits basedon services performed by aliens and which are required to beimplemented under state law as a condition for full tax creditagainst the tax imposed by the Federal Unemployment Tax Act,
shall be considered applicable under this section.
As added by Acts 1977, P.L.262, SEC.24. Amended by P.L.135-1990,SEC.3.
IC 22-4-14-10
Repealed
(Repealed by Acts 1982, P.L.137, SEC.1.)
IC 22-4-14-11
Seasonal employment; benefit claims; application for seasonaldetermination; appeal
Sec. 11. (a) For weeks of unemployment occurring after October1, 1983, benefits may be paid to an individual on the basis of serviceperformed in seasonal employment (as defined in IC 22-4-8-4) onlyif the claim is filed within the operating period of the seasonalemployment. If the claim is filed outside the operating period of theseasonal employment, benefits may be paid on the basis ofnonseasonal wages only.
(b) An employer shall file an application for a seasonaldetermination (as defined by IC 22-4-7-3) with the department ofworkforce development. A seasonal determination shall be made bythe department within ninety (90) days after the filing of such anapplication. Until a seasonal determination by the department hasbeen made in accordance with this section, no employer or workermay be considered seasonal.
(c) Any interested party may file an appeal regarding a seasonaldetermination within fifteen (15) calendar days after thedetermination by the department and obtain review of thedetermination in accordance with IC 22-4-32.
(d) Whenever an employer is determined to be a seasonalemployer, the following provisions apply:
(1) The seasonal determination becomes effective the first dayof the calendar quarter commencing after the date of theseasonal determination.
(2) The seasonal determination does not affect any benefitrights of seasonal workers with respect to employment beforethe effective date of the seasonal determination.
(e) If a seasonal employer, after the date of its seasonaldetermination, operates its business or its seasonal operation duringa period or periods of twenty-six (26) weeks or more in a calendaryear, the employer shall be determined by the department to have lostits seasonal status with respect to that business or operation effectiveat the end of the then current calendar quarter. The redeterminationshall be reported in writing to the employer. Any interested partymay file an appeal within fifteen (15) calendar days after theredetermination by the department and obtain review of theredetermination in accordance with IC 22-4-32.
(f) Seasonal employers shall keep account of wages paid toseasonal workers within the seasonal period as determined by thedepartment and shall report these wages on a special seasonal
quarterly report form provided by the department.
(g) The board shall adopt rules applicable to seasonal employersfor determining their normal seasonal period or periods.
As added by P.L.228-1983, SEC.4. Amended by P.L.18-1987,SEC.44; P.L.21-1995, SEC.82.