Rates; dependents; partially unemployed persons
Sec. 2. (a) With respect to initial claims filed for any week
beginning on and after July 6, 1980, and before July 7, 1985, 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) eighty-four dollars ($84) if the eligible and qualified
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
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 is partially or part-totally
unemployed in any week shall be paid with respect to such week a
benefit in an amount equal to his weekly benefit amount, less his
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.
(Formerly: Acts 1947, c.208, s.1202; Acts 1951, c.307, s.2; Acts
1955, c.274, s.1; Acts 1957, c.294, s.2; Acts 1959, c.97, s.2; Acts
1965, 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 amended
by Acts 1976, P.L.114, SEC.3; Acts 1977, P.L.262, SEC.21; Acts
1980, 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.
Last modified: May 27, 2006