Citations Affected: IC 22-4-2-2; IC 22-4-12-2; IC 22-4-12-2.5.
Synopsis: Partial unemployment benefit. Establishes a partial
unemployment benefit for an individual who accepts work that pays
less than the individual's unemployment benefit.
Effective: Upon passage.
January 12, 2011, read first time and referred to Committee on Employment, Labor and
Pensions.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
and safety.
individual has no dependents;
(2) ninety-nine dollars ($99) if the eligible and qualified
individual has one (1) dependent;
(3) one hundred thirteen dollars ($113) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred twenty-eight dollars ($128) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred forty-one dollars ($141) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 7, 1985, and before July 6, 1986, each eligible individual who
is totally unemployed (as defined in IC 22-4-3-1) in any week in the
individual's benefit period shall be paid for the week, if properly
claimed, benefits at the rate of four and three-tenths percent (4.3%) of
the individual's wage credits in the calendar quarter during the
individual's base period in which the wage credits were highest.
However, the weekly benefit amount may not exceed:
(1) ninety dollars ($90) if the eligible and qualified individual has
no dependents;
(2) one hundred six dollars ($106) if the eligible and qualified
individual has one (1) dependent;
(3) one hundred twenty-one dollars ($121) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred thirty-seven dollars ($137) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred fifty-one dollars ($151) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 6, 1986, and before July 7, 1991, each eligible individual who
is totally unemployed (as defined in IC 22-4-3-1) in any week in the
individual's benefit period shall be paid for the week, if properly
claimed, benefits at the rate of four and three-tenths percent (4.3%) of
the individual's wage credits in the calendar quarter during the
individual's base period in which the wage credits were highest.
However, the weekly benefit amount may not exceed:
(1) ninety-six dollars ($96) if the eligible and qualified individual
has no dependents;
(2) one hundred thirteen dollars ($113) if the eligible and
qualified individual has one (1) dependent;
(3) one hundred twenty-nine dollars ($129) if the eligible and
qualified individual has two (2) dependents;
(4) one hundred forty-seven dollars ($147) if the eligible and
qualified individual has three (3) dependents; or
(5) one hundred sixty-one dollars ($161) if the eligible and
qualified individual has four (4) or more dependents.
With respect to initial claims filed for any week beginning on and
after July 7, 1991, benefits shall be paid in accordance with subsections
(d) through (k).
For the purpose of this subsection and subsections (e) through (g),
the term "dependent" means lawful husband or wife, natural child,
adopted child, stepchild, if such stepchild is not receiving aid to
dependent children under the welfare program, or child placed in the
claimant's home for adoption by an authorized placement agency or a
court of law, provided such child is under eighteen (18) years of age
and that such dependent claimed has received more than one-half (1/2)
the cost of support from the claimant during ninety (90) days (or for
duration of relationship, if less) immediately preceding the claimant's
benefit year beginning date, but only if such dependent who is the
lawful husband or wife is unemployed and currently ineligible for
Indiana benefits because of insufficient base period wages. The number
and status of dependents shall be determined as of the beginning of the
claimant's benefit period and shall not be changed during that benefit
period.
With respect to initial claims filed for any week beginning on and
after July 6, 1980, the term "dependent" shall include a person with a
disability over eighteen (18) years of age who is a child of the claimant
and who receives more than one-half (1/2) the cost of his the person's
support from the claimant during the ninety (90) day period
immediately preceding the claimant's benefit year beginning date.
"Child" includes a natural child, an adopted child, a stepchild of
claimant, if the stepchild is not receiving aid to dependent children
under the welfare program, or a child placed in the claimant's home for
adoption by an authorized placement agency or a court of law. The
term "disabled" means an individual who by reason of physical or
mental defect or infirmity, whether congenital or acquired by accident,
injury, or disease, is totally or partially prevented from achieving the
fullest attainable physical, social, economic, mental, and vocational
participation in the normal process of living.
For the purpose of this subsection, the term "dependent" includes a
child for whom claimant is the court appointed legal guardian.
On and after July 6, 1980, and before July 7, 1991, if the weekly
benefit amount is less than forty dollars ($40), the board, through the
commissioner, shall pay benefits at the rate of forty dollars ($40) per
week. On and after July 7, 1991, if the weekly benefit amount is less
than fifty dollars ($50), the board, through the commissioner, shall pay
benefits at the rate of fifty dollars ($50) per week. If such weekly
benefit amount is not a multiple of one dollar ($1), it shall be computed
to the next lower multiple of one dollar ($1).
(b) Each eligible individual who:
(1) is partially or part-totally unemployed in any week; and
(2) does not qualify for a partial benefit under section 2.5 of
this chapter;
shall be paid with respect to such week a benefit in an amount equal to
his the individual's weekly benefit amount, less his the individual's
deductible income, if any, for such week. If such partial benefit is not
a multiple of one dollar ($1), it shall be computed to the next lower
multiple of one dollar ($1). Except for an individual who is totally
unemployed, an individual who is not partially or part-totally
unemployed is not eligible for any benefit. The board may prescribe
rules governing the payment of such partial benefits, and may provide,
with respect to individuals whose earnings cannot reasonably be
computed on a weekly basis, that such benefits may be computed and
paid on other than a weekly basis. However, such rules shall secure
results reasonably equivalent to those provided in the analogous
provisions of this section.
(c) The weekly extended benefit amount payable to an individual for
a week of total unemployment in the individual's eligibility period shall
be an amount equal to the weekly benefit amount payable to the
individual during the individual's applicable benefit period, prior to any
reduction of such weekly benefit amount.
(d) With respect to initial claims filed for any week beginning on
and after July 7, 1991, and before July 1, 1995, each eligible individual
who is totally unemployed (as defined in IC 22-4-3-1) in any week in
the individual's benefit period shall be paid for the week, if properly
claimed, benefits at the rate of:
(1) five percent (5%) of the first one thousand dollars ($1,000) of
the individual's wage credits in the calendar quarter during the
individual's base period in which the wage credits were highest;
and
(2) four percent (4%) of the individual's remaining wage credits
in the calendar quarter during the individual's base period in
which the wage credits were highest.
However, the weekly benefit amount may not exceed the amount
specified in subsections (e) through (i).
(e) With respect to initial claims filed for any week beginning on
and after July 7, 1991, and before July 5, 1992, the weekly benefit
amount may not exceed:
(1) one hundred sixteen dollars ($116) if the eligible and qualified
individual has no dependents;
(2) one hundred thirty-four dollars ($134) if the eligible and
qualified individual has one (1) dependent;
(3) one hundred fifty-three dollars ($153) if the eligible and
qualified individual has two (2) dependents; or
(4) one hundred seventy-one dollars ($171) if the eligible and
qualified individual has three (3) or more dependents.
(f) With respect to initial claims filed for any week beginning on
and after July 5, 1992, and before July 4, 1993, the weekly benefit
amount may not exceed:
(1) one hundred forty dollars ($140) if the eligible and qualified
individual has no dependents;
(2) one hundred sixty dollars ($160) if the eligible and qualified
individual has one (1) dependent; or
(3) one hundred eighty-one dollars ($181) if the eligible and
qualified individual has two (2) or more dependents.
(g) With respect to initial claims filed for any week beginning on
and after July 4, 1993, and before July 3, 1994, the weekly benefit
amount may not exceed:
(1) one hundred seventy dollars ($170) if the eligible and
qualified individual has no dependents; or
(2) one hundred ninety-two dollars ($192) if the eligible and
qualified individual has one (1) or more dependents.
(h) With respect to initial claims filed for any week beginning on or
after July 3, 1994, and before July 1, 1995, the weekly benefit amount
may not exceed two hundred two dollars ($202).
(i) With respect to initial claims filed for any week on or after July
1, 1995, the weekly benefit amount will equal the amount that results
from applying the percentages provided in subsections (j) through (k)
to the applicable maximum wage credits under IC 22-4-4-3.
(j) With respect to initial claims filed for any week beginning on and
after July 1, 1995, and before July 1, 1997, each eligible individual who
is totally unemployed (as defined in IC 22-4-3-1) in any week in the
individual's benefit period shall be paid for the week, if properly
claimed, benefits at the rate of:
(1) five percent (5%) of the first one thousand seven hundred fifty
dollars ($1,750) of the individual's wage credits in the calendar
quarter during the individual's base period in which the wage
credits were highest; and
(2) four percent (4%) of the individual's remaining wage credits
in the calendar quarter during the individual's base period in
which the wage credits were highest.
However, the weekly benefit amount may not exceed the amount
specified in subsection (i).
(k) With respect to initial claims filed for any week beginning on
and after July 1, 1997, each eligible individual who is totally
unemployed (as defined in IC 22-4-3-1) in any week in the individual's
benefit period shall be paid for the week, if properly claimed, benefits
at the rate of:
(1) five percent (5%) of the first two thousand dollars ($2,000) of
the individual's wage credits in the calendar quarter during the
individual's base period in which the wage credits were highest;
and
(2) four percent (4%) of the individual's remaining wage credits
in the calendar quarter during the individual's base period in
which the wage credits were highest.