Bill Text: IN SB0086 | 2011 | Regular Session | Enrolled
Bill Title: Unemployment benefits.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-05-18 - SECTION 4 effective 07/01/2011 [SB0086 Detail]
Download: Indiana-2011-SB0086-Enrolled.html
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AN ACT to amend the Indiana Code concerning labor and safety.
(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 (1) 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 (0)) 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, 2012,
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.
(l) With respect to compensation for weeks of unemployment
beginning after March 1, 2011, and ending on the later of
December 10, 2011, 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 and Struggling Families Act) of the federal American
Recovery and Reinvestment Act of 2009 (P.L. 111-5), in addition to
the tests for a state "on" indicator under subsections (c) and (d),
there is a state "on" indicator for a week if:
(1) the average rate of insured unemployment for the period
consisting of the week and the immediately preceding twelve
(12) weeks equals or exceeds five percent (5%); and
(2) the average rate of insured unemployment for the period
consisting of the week and the immediately preceding twelve
(12) weeks equals or exceeds one hundred twenty percent
(120%) of the average rates of insured unemployment for the
corresponding thirteen (13) week period ending in each of the
preceding three (3) calendar years.
(m) There is a state "off" indicator for a week based on the rate
of insured unemployment only if the rate of insured unemployment
for the period consisting of the week and the immediately
preceding twelve (12) weeks does not result in an "on" indicator
under subsection (c)(1).
(n) With respect to compensation for weeks of unemployment
beginning after March 1, 2011, and ending on the later of
December 10, 2011, 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 and Struggling Families Act) of the federal American
Recovery and Reinvestment Act of 2009 (P.L. 111-5), in addition to
the tests for a state "on" indicator under subsections (c), (d), and
(l) there is a state "on" indicator for a week if:
(1) the average rate of total unemployment (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 one-half 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 any or all of the corresponding
three (3) month periods ending in the three (3) preceding
calendar years.
(o) There is a state "off" indicator for a week based on the rate
of total unemployment only if the rate of total unemployment 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 does
not result in an "on" indicator under subsection (d)(1).
(1) Amphetamines.
(2) Cocaine.
(3) Opiates (2,000 ng/ml).
(4) PCP.
(5) THC.
A drug test described in this section must be performed at a United States Department of Health and Human Services certified laboratory, with specimen collection performed by a collector certified by the United States Department of Transportation and the cost of the drug test paid by the employer.
(b) Except as provided in subsection (d), the total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit period shall be fifty percent (50%) of the total amount of regular benefits (including dependents' allowances) which were payable to the individual under this article in the applicable benefit year, or thirteen (13) times the weekly benefit amount (including dependents' allowances) which was payable to the individual under this article for a week of total unemployment in the applicable benefit year, whichever is the lesser amount.
(c) This subsection applies to individuals who file a disaster unemployment claim or a state unemployment insurance claim after June 1, 1990, and before June 2, 1991, or during another time specified 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 Stafford Disaster Relief and Emergency Assistance Act; or
(B) a state unemployment insurance claim as a direct result of a major disaster;
(2) all regular benefits and all disaster unemployment assistance benefits:
(A) have been exhausted by the individual; or
(B) are no longer payable to the individual due to the expiration of the disaster assistance period; and
(3) the individual remains unemployed as a direct result of the disaster.
(d) For purposes of this subsection, "high unemployment period" means a period during which an extended benefit period would be in effect if IC 22-4-2-34(d)(1) were applied by substituting "eight percent (8%)" for "six and five-tenths percent (6.5%)". Effective with respect to weeks beginning in a high unemployment period, the total extended benefit amount payable to an eligible individual with respect to the applicable benefit year is equal to the least of the following amounts:
(1) Eighty percent (80%) of the total amount of regular benefits that were payable to the eligible individual under this article in the applicable benefit year.
(2) Twenty (20) times the weekly benefit amount that was payable to the eligible individual under this article for a week of total unemployment in the applicable benefit year.
(3) Forty-six (46) times the weekly benefit amount that was payable to the eligible individual under this article for a week of total unemployment in the applicable benefit year, reduced by the
regular unemployment compensation benefits paid (or deemed
paid) during the benefit year.
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) For purposes of this subsection, "high unemployment
period" means a period during which an extended benefit period
would be in effect if IC 22-4-2-34(n)(1) were applied by substituting
"eight percent (8%)" for "six and one-half percent (6.5%)".
Effective with respect to weeks of unemployment beginning after
March 1, 2011, and ending on the later of December 10, 2011, 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 and Struggling Families
Act) of the federal American Recovery and Reinvestment Act of
2009 (P.L. 111-5), in a high unemployment period, the total
extended benefit amount payable to an eligible individual with
respect to the applicable benefit year is equal to the lesser of the
following amounts:
(1) Eighty percent (80%) of the total amount of regular
benefits that were payable to the eligible individual under this
article in the applicable benefit year.
(2) Twenty (20) times the weekly benefit amount that was
payable to the eligible individual under this article for a week
of total unemployment in the applicable benefit year.
(1) to apply for available, suitable work when directed by the commissioner, the deputy, or an authorized representative of the department of workforce development or the United States training and employment service;
(2) to accept, at any time after the individual is notified of a separation, suitable work when found for and offered to the
individual by the commissioner, the deputy, or an authorized
representative of the department of workforce development or the
United States training and employment service, or an employment
unit; or
(3) to return to the individual's customary self-employment when
directed by the commissioner or the deputy.
(b) With respect to benefit periods established on and after July 6,
1980, the ineligibility shall continue for the week in which the failure
occurs and until the individual earns remuneration in employment
equal to or exceeding the weekly benefit amount of the individual's
claim in each of eight (8) weeks. If the qualification amount has not
been earned at the expiration of an individual's benefit period, the
unearned amount shall be carried forward to an extended benefit period
or to the benefit period of a subsequent claim.
(c) With respect to extended benefit periods established on and after
July 5, 1981, the ineligibility shall continue for the week in which the
failure occurs and until the individual earns remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of four (4) weeks.
(d) If an individual failed to apply for or accept suitable work as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced by
an amount determined as follows:
(1) For the first failure to apply for or accept suitable work, the
maximum benefit amount of the individual's current claim is
equal to the result of:
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second failure to apply for or accept suitable work, the
maximum benefit amount of the individual's current claim is
equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent failure to apply for or accept
suitable work, the maximum benefit amount of the individual's
current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next higher dollar.
(e) In determining whether or not any such work is suitable for an individual, the department shall consider:
(1) the degree of risk involved to such individual's health, safety, and morals;
(2) the individual's physical fitness and prior training and experience;
(3) the individual's length of unemployment and prospects for securing local work in the individual's customary occupation; and
(4) the distance of the available work from the individual's residence.
However, work under substantially the same terms and conditions under which the individual was employed by a base-period employer, which is within the individual's prior training and experience and physical capacity to perform, shall be considered to be suitable work unless the claimant has made a bona fide change in residence which makes such offered work unsuitable to the individual because of the distance involved. During the fifth through the eighth consecutive week of claiming benefits, work is not considered unsuitable solely because the work pays not less than ninety percent (90%) of the individual's prior weekly wage. After eight (8) consecutive weeks of claiming benefits, work is not considered unsuitable solely because the work pays not less than eighty percent (80%) of the individual's prior weekly wage. However, work is not considered suitable under this section if the work pays less than Indiana's minimum wage as determined under IC 22-2-2. For an individual who is subject to section 1(c)(8) of this chapter, the determination of suitable work for the individual must reasonably accommodate the individual's need to address the physical, psychological, legal, and other effects of domestic or family violence.
(f) Notwithstanding any other provisions of this article, no work shall be considered suitable and benefits shall not be denied under this article to any otherwise eligible individual for refusing to accept new work under any of the following conditions:
(1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute.
(2) If the remuneration, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.
(3) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining a bona fide labor organization.
(4) If as a condition of being employed the individual would be required to discontinue training into which the individual had entered with the approval of the department.
(g) Notwithstanding subsection (e), with respect to extended benefit periods established on and after July 5, 1981, "suitable work" means any work which is within an individual's capabilities. However, if the individual furnishes evidence satisfactory to the department that the individual's prospects for obtaining work in the individual's customary occupation within a reasonably short period are good, the determination of whether any work is suitable work shall be made as provided in subsection (e).
(h) With respect to extended benefit periods established on and after July 5, 1981, no work shall be considered suitable and extended benefits shall not be denied under this article to any otherwise eligible individual for refusing to accept new work under any of the following conditions:
(1) If the gross average weekly remuneration payable to the individual for the position would not exceed the sum of:
(A) the individual's average weekly benefit amount for the individual's benefit year; plus
(B) the amount (if any) of supplemental unemployment compensation benefits (as defined in Section 501(c)(17)(D) of the Internal Revenue Code) payable to the individual for such week.
(2) If the position was not offered to the individual in writing or was not listed with the department of workforce development.
(3) If such failure would not result in a denial of compensation under the provisions of this article to the extent that such provisions are not inconsistent with the applicable federal law.
(4) If the position pays wages less than the higher of:
(A) the minimum wage provided by 29 U.S.C. 206(a)(1) (the Fair Labor Standards Act of 1938), without regard to any exemption; or
(B) the state minimum wage (IC 22-2-2).
(i) The department of workforce development shall refer individuals eligible for extended benefits to any suitable work (as defined in subsection (g)) to which subsection (h) would not apply.
(j) An individual is considered to have refused an offer of suitable work under subsection (a) if an offer of work is withdrawn
by an employer after an individual:
(1) tests positive for drugs after a drug test given on behalf of
the prospective employer as a condition of an offer of
employment; or
(2) refuses, without good cause, to submit to a drug test
required by the prospective employer as a condition of an
offer of employment.
(k) For purposes of this article, a drug test is not found to be
positive unless:
(1) a second confirmation test:
(A) renders a positive result that has been performed by a
SAMHSA (as defined in IC 22-10-15-3) certified
laboratory on the same sample used for the first screen test
using gas chromatography mass spectrometry for the
purposes of confirming or refuting the screen test results;
and
(B) has been reviewed by a licensed physician and:
(i) the laboratory results described in clause (A);
(ii) the individual's medical history; and
(iii) other relevant biomedical information;
confirm a positive result of the drug tests; or
(2) the individual who has submitted to the drug test has no
valid medical reason for testing positive for the substance
found in the drug test.
(l) The department's records concerning the results of a drug
test described in subsection (j) may not be admitted against a
defendant in a criminal proceeding.
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