Extended benefit period; additional definitions
Sec. 34. (a) With respect to benefits for weeks of unemployment
beginning after August 13, 1981, "extended benefit period" means a
period which begins with the third week after a week for which there
is a state "on" indicator and ends with:
(1) the third week after the first week for which there is a state
"off" indicator; or
(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:
(A) with respect to benefits for weeks of unemployment
beginning before September 25, 1982, four percent (4%);
and
(B) with respect to benefits for weeks of unemployment
beginning after September 25, 1982, five percent (5%).
However, with respect to benefits for weeks of unemployment
beginning after December 31, 1977, 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) and the insured unemployment rate
in subdivision (2) were:
(A) with respect to benefits for weeks of unemployment
beginning before September 25, 1982, five percent (5%);
and
(B) with respect to benefits for weeks of unemployment
beginning after September 25, 1982, 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) 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 rate
of insured unemployment (not seasonally adjusted) under this article:
(1) was less than 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; or
(2) was less than:
(A) with respect to benefits for weeks of unemployment
beginning before September 25, 1982, four percent (4%);
and
(B) with respect to benefits for weeks of unemployment
beginning after September 25, 1982, five percent (5%).
(e) With respect to benefits for weeks of unemployment beginning
after August 13, 1981, "rate of insured unemployment," for purposes
of subsections (e) and (f), 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.
(f) "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 him for the same week by any
state, the individual may elect which of the two (2) types of
compensation to claim.
(g) "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 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) 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.
(h) "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.
(i) "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, he is considered an exhaustee.
(j) "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.
(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.
Last modified: May 27, 2006