§ 22-4-12-4 — Computation; maximum amount

Indiana § 22-4-12-4

• Jurisdiction: Indiana
• Art. 4: UNEMPLOYMENT COMPENSATION SYSTEM
• Ch. 12: Benefits Schedule

Text

(a) Benefits shall be computed upon the basis
of wage credits of an individual in the individual's base period. Wage
credits shall be reported by the employer and credited to the individual
in the manner prescribed by the department. With respect to initial
claims filed for any week beginning on and after July 7, 1991, the
maximum total amount of benefits payable to any eligible individual
during any benefit period shall not exceed twenty-six (26) times the
individual's weekly benefit, or twenty-eight percent (28%) of the
individual's wage credits with respect to the individual's base period,
whichever is less. If such maximum total amount of benefits is not a
multiple of one dollar ($1), it shall be computed to the next lower
multiple of one dollar ($1).
(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 22-4-14-6.9(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 22-4-14-6.9(h)(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.
Formerly: Acts 1947, c.208, s.1204; Acts 1959, c.97, s.3; Acts
1967, c.310, s.17; Acts 1971, P.L.355, SEC.27. As amended by
P.L.171-1991, SEC.4; P.L.172-1991, SEC.2; P.L.1-1992, SEC.110;
P.L.175-2009, SEC.17; P.L.12-2011, SEC.3; P.L.171-2016, SEC.8;
P.L.200-2025, SEC.7.