CHAPTER 2. DEFINITIONS
IC 22-4-2
Chapter 2. Definitions
IC 22-4-2-1
Benefits
Sec. 1. As used in this article, unless the context clearly requiresotherwise, "benefits" means the money payments payable to aneligible individual as provided in this article with respect to hisunemployment.
(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 anyeligible 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 boardestablished 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 workforcedevelopment.
As added by P.L.21-1995, SEC.62.
IC 22-4-2-4
Contributions
Sec. 4. "Contributions" means the money payments to theunemployment insurance benefit fund required and provided by theterms 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Repealed
(Repealed by P.L.21-1995, SEC.149.)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 UnitedStates of America, the District of Columbia of the United States ofAmerica, 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 employmentoffice or branch thereof, maintained and operated by this state, anyother state or jurisdiction, or by any agency or instrumentality of theUnited States of America, or where the context allows, maintainedby any state as a part of a state-controlled system of publicemployment 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 administrativeexpenses under this article shall be paid, other than those to be paidfrom the special employment and training services fund, as providedin 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 fundestablished by IC 22-4-26-1, in which all contributions required, allpayments in lieu of contributions, and all money received from thefederal government as reimbursements pursuant to section 204 of theFederal-State Extended Compensation Act of 1970, 26 U.S.C. 3304n,shall be deposited and from which all benefits provided under thisarticle shall be paid.
(Formerly: Acts 1947, c.208, s.209; Acts 1971, P.L.355, SEC.1; Acts1973, 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" meansthe 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 workforcedevelopment.
(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 ofan individual's benefit period: Provided, however, That for a claimcomputed in accordance with IC 1971, 22-4-22, the base period shallbe 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 orless
Sec. 12.5. Notwithstanding section 12 of this chapter, for anindividual who during the "base period" as defined in that section hasreceived worker's compensation benefits under IC 22-3-3 for a periodof fifty-two (52) weeks or less, and as a result has not earnedsufficient wage credits to meet the requirements of IC 22-4-14-5,"base period" means the first four (4) of the last five (5) completedcalendar quarters immediately preceding the last day that theindividual 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 stateunemployment returns in each instance of quarterly return, the dateshall 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 acalendar 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 benefitsan eligible individual would be entitled to receive for a particularweek 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 foremployment paid by an employer during the twelve (12) consecutive
calendar month period ending on the computation date of anycalendar year, including wages paid by any other employer whoseaccount has been assumed by such employer in accordance with theprovisions 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.) Asamended 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 ratesof contribution, except that in the event, after having been legallyterminated, an employer again becomes subject to this article duringthe last six (6) months of a calendar year and resumes the employer'sformer position with respect to the resources and liabilities of theexperience account, then and in such case the employer's first"computation date" shall mean December 31 of the fourthconsecutive 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.) Asamended 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 ordebit 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 otherauthority designated by an unemployment insurance law in force inany state or in Canada to administer the unemployment insurancefund for which provision is made by such unemployment insurancelaw.
(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 thefifty-two-consecutive-week period beginning with the first week asof which an insured worker first files an initial claim fordetermination of his insured status, and thereafter thefifty-two-consecutive-week period beginning with the first week asof which the individual next files an initial claim after thetermination 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 whohas established qualifying wage credits and who is totally, partially,or part-totally unemployed; Provided, no individual in a benefitperiod may file a valid claim for a waiting period or benefit periodrights with respect to any period subsequent to the expiration of suchbenefit 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 formprescribed by the department, made by an individual for thedetermination of the individual's status as an insured worker.
(Formerly: Acts 1947, c.208, s.223; Acts 1953, c.177, s.5.) Asamended by P.L.108-2006, SEC.2.
IC 22-4-2-24
Additional claim
Sec. 24. "Additional claim" means a written application for adetermination of benefit eligibility, made by an individual in a formprescribed by the department, to begin a second or subsequent seriesof claims in a benefit period, by which application the individualcertifies to new unemployment resulting from a break in or loss ofwork which has occurred since the last claim was filed by suchindividual.
(Formerly: Acts 1947, c.208, s.224; Acts 1953, c.177, s.6.) Asamended by P.L.108-2006, SEC.3.
IC 22-4-2-25
Insured worker
Sec. 25. "Insured worker" means an individual who, with respectto a base period, meets the qualifying wage requirements ofIC 22-4-14-5.
(Formerly: Acts 1947, c.208, s.225; Acts 1953, c.177, s.7.) Asamended by P.L.144-1986, SEC.94.
IC 22-4-2-26
Insured work Sec. 26. "Insured work" means employment in the service of anemployer.
(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 agiven week for which waiting period credit or benefits are claimedunder the state employment security program, the unemploymentcompensation for federal employees program, the unemploymentcompensation for veterans program, or the railroad unemploymentinsurance 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 bythe 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" forthe purposes of this article, means an educational institution that:
(1) admits as regular students only individuals having acertificate of graduation from a high school, or the recognizedequivalent of such a certificate;
(2) is legally authorized in this state to provide a program ofeducation beyond high school;
(3) provides an educational program for which it awards abachelor's or higher degree, or provides a program which isacceptable for full credit toward such a degree, a program ofpost-graduate or post-doctoral studies, or a program of trainingto prepare students for gainful employment in a recognizedoccupation; and
(4) is a public or other nonprofit institution.
(b) Notwithstanding subsection (a), the term includes all collegesand 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 requiredreimbursements by employers of benefits paid attributable to servicesperformed for such employers which are liable to make thesepayments as provided in IC 22-4-10-1. These payments shall equalthe full amount of regular benefits and the part of benefits notreimbursed by the federal government under the Federal-StateExtended Unemployment Compensation Act of 1970 paid that areattributable to services in the employ of such liable employers.
(Formerly: Acts 1971, P.L.355, SEC.5.) As amended byP.L.175-2009, SEC.2.
IC 22-4-2-33
New work
Sec. 33. The term "new work" wherever used in this articleincluding IC 1971, 22-4-15-2 means (a) work offered to an individualby an employer with whom he has never had a contract ofemployment; (b) work offered to an individual by his last employeror any other employer with whom he does not have a contract ofemployment at the time the offer is made; and (c) work offered to anindividual by his present employer of (i) different duties from thosehe has agreed to perform in his existing contract of employment or(ii) different terms or conditions of employment from those in hisexisting 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 unemploymentbeginning after August 13, 1981, "extended benefit period" means aperiod which begins with the third week after a week for which thereis 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 ofa state "on" indicator before the fourteenth week following the endof a prior extended benefit period which was in effect with respectto this state.
(c) There is a state "on" indicator for this state for a week if thecommissioner determines, in accordance with the regulations of theUnited States Secretary of Labor, that for the period consisting ofsuch week and the immediately preceding twelve (12) weeks, the rateof insured unemployment (not seasonally adjusted) under this article:
(1) equaled or exceeded one hundred twenty percent (120%) ofthe average of such rates for the corresponding 13-week periodending 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 shallbe made under this subsection as if it did not contain subdivision (1)if the insured unemployment rate is at least six percent (6%). Anyweek for which there would otherwise be a state "on" indicator shallcontinue to be such a week and may not be determined to be a weekfor which there is a state "off" indicator.
(d) In addition to the test for a state "on" indicator undersubsection (c), there is a state "on" indicator for this state for a weekif:
(1) the average rate of total unemployment in Indiana,seasonally adjusted, as determined by the United StatesSecretary of Labor, for the period consisting of the most recentthree (3) months for which data for all states are publishedbefore the close of the week, equals or exceeds six andfive-tenths percent (6.5%); and
(2) the average rate of total unemployment in Indiana,seasonally adjusted, as determined by the United StatesSecretary of Labor, for the three (3) month period referred to insubdivision (1) equals or exceeds one hundred ten percent(110%) of the average for either or both of the correspondingthree (3) month periods ending in the two (2) precedingcalendar years.
There is a state "off" indicator for a week if either of therequirements in subdivisions (1) and (2) are not satisfied. However,any week for which there would otherwise be a state "on" indicatorunder this section continues to be subject to the "on" indicator andshall 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 whichfederal sharing is authorized by Section 2005(a) of Division B, TitleII (the federal Assistance to Unemployed Workers and StrugglingFamilies Act) of the federal American Recovery and ReinvestmentAct of 2009 (P.L. 111-5).
(e) There is a state "off" indicator for this state for a week if thecommissioner determines, in accordance with the regulations of theUnited States Secretary of Labor, that for the period consisting ofsuch week and the immediately preceding twelve (12) weeks, therequirements of subsection (c) have not been met.
(f) With respect to benefits for weeks of unemployment beginningafter August 13, 1981, "rate of insured unemployment," for purposesof subsection (c), means the percentage derived by dividing:
(1) the average weekly number of individuals filing claims forregular compensation in this state for weeks of unemploymentwith respect to the most recent 13 consecutive week period (asdetermined by the board on the basis of this state's reports to theUnited States Secretary of Labor); by
(2) the average monthly employment covered under this articlefor 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 individualunder this article or under the law of any other state (includingbenefits payable to federal civilian employees and to ex-servicemenpursuant to 5 U.S.C. 8501 through 8525) other than extendedbenefits. "Additional benefits" means benefits other than extendedbenefits and which are totally financed by a state payable toexhaustees by reason of conditions of high unemployment or byreason of other special factors under the provisions of any state law.If extended compensation is payable to an individual by this state andadditional compensation is payable to the individual for the sameweek by any state, the individual may elect which of the two (2)types of compensation to claim.
(h) "Extended benefits" means benefits (including benefitspayable to federal civilian employees and to ex-servicemen pursuantto 5 U.S.C. 8501 through 8525) payable to an individual under theprovisions of this article for weeks of unemployment in theindividual's "eligibility period". Pursuant to Section 3304 of theInternal Revenue Code extended benefits are not payable to interstateclaimants filing claims in an agent state which is not in an extendedbenefit period, against the liable state of Indiana when the state ofIndiana is in an extended benefit period. This prohibition does notapply to the first two (2) weeks claimed that would, but for thisprohibition, otherwise be payable. However, only one such two (2)week period will be granted on an extended claim. Notwithstandingany other provisions of this chapter, with respect to benefits forweeks of unemployment beginning after October 31, 1981, if thebenefit year of any individual ends within an extended benefitperiod, the remaining balance of extended benefits that the individualwould, but for this clause, be entitled to receive in that extendedbenefit period, with respect to weeks of unemployment beginningafter the end of the benefit year, shall be reduced (but not belowzero) by the product of the number of weeks for which the individualreceived any amounts as trade readjustment allowances within thatbenefit year, multiplied by the individual's weekly benefit amount forextended benefits.
(i) "Eligibility period" of an individual means the periodconsisting of the weeks in the individual's benefit period which beginin an extended benefit period and, if the individual's benefit periodends within such extended benefit period, any weeks thereafterwhich begin in such extended benefit period. For any weeks ofunemployment beginning after February 17, 2009, and beforeJanuary 1, 2010, an individual's eligibility period (as described inSection 203(c) of the Federal-State Unemployment CompensationAct of 1970) is, for purposes of any determination of eligibility forextended compensation under state law, considered to include anyweek that begins:
(1) after the date as of which the individual exhausts all rightsto 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 anyweek of unemployment in the individual's eligibility period:
(1) has received, prior to such week, all of the regular benefitsincluding dependent's allowances that were available to theindividual under this article or under the law of any other state(including benefits payable to federal civilian employees andex-servicemen under 5 U.S.C. 8501 through 8525) in theindividual's current benefit period that includes such week.However, for the purposes of this subsection, an individual shallbe deemed to have received all of the regular benefits that wereavailable to the individual although as a result of a pendingappeal with respect to wages that were not considered in theoriginal monetary determination in the individual's benefitperiod or although a nonmonetary decision denying benefits ispending, the individual may subsequently be determined to beentitled to added regular benefits;
(2) may be entitled to regular benefits with respect to futureweeks of unemployment but such benefits are not payable withrespect to such week of unemployment by reason of seasonallimitations in any state unemployment insurance law; or
(3) having had the individual's benefit period expire prior tosuch week, has no, or insufficient, wages on the basis of whichthe individual could establish a new benefit period that wouldinclude such week;
and has no right to unemployment benefits or allowances, as the casemay be, under the Railroad Unemployment Insurance Act, the TradeAct of 1974, the Automotive Products Trade Act of 1965 and suchother federal laws as are specified in regulations issued by the UnitedStates Secretary of Labor, and has not received and is not seekingunemployment benefits under the unemployment compensation lawof Canada; but if the individual is seeking such benefits and theappropriate agency finally determines that the individual is notentitled to benefits under such law, the individual is considered anexhaustee.
(k) "State law" means the unemployment insurance law of anystate, approved by the United States Secretary of Labor underSection 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 thebasis of the relationship that the credit balance shown by hisexperience account as of the computation date bears to the wagespaid by the employer or his predecessors for the employment duringthe 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 thebasis of the relationship that the debit balance shown by hisexperience account as of the computation date bears to the wagespaid by the employer or his predecessors for employment during thethirty-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" meansan educational institution that is accredited and approved by theIndiana state board of education and is an academic school system,whereby a student may progressively advance, starting with the firstgrade through the twelfth grade. This includes all accredited publicand parochial schools which are primary, secondary, or preparatoryschools. "School" does not include:
(1) a kindergarten, not a part of the public or parochial schoolsystem;
(2) a day care center;
(3) an organization furnishing psychiatric care and treatment;
(4) an organization furnishing training or rehabilitation forindividuals with mental retardation or a physical disability,which organization is not a part of the public or parochialschool system; or
(5) an organization offering preschool training, not a part of thepublic 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 theunemployment 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 lawjudge" means a person who is:
(1) employed as an administrative law judge underIC 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.