§ 22-4-14-7 — Institutions of higher education and other educational institutions; service providers to or on behalf of educational institutions

(a) Benefits based on service in employment
defined in IC 22-4-8-2(i) and IC 22-4-8-2(j) shall be payable in the
same amount, on the terms, and subject to the same conditions as
compensation payable on the basis of other service subject to this
article, unless otherwise specifically provided, subject to the following
exceptions:
(1) With respect to service performed in an instructional,
research, or principal administrative capacity for an educational
institution, benefits may not be paid based on the service for any
week of unemployment commencing during the period between
two (2) successive academic years, or terms, or during the period
between two (2) regular but not successive terms, or during a
period of paid sabbatical leave provided for in the individual's
contract, to any individual if the individual performs the services
in the first of the academic years or terms and if there is a
reasonable assurance that the individual will perform services in
an instructional, research, or principal administrative capacity for
any educational institution in the second of the academic years or
terms.
(2) With respect to services performed in any capacity (other than
those listed in subdivision (1) of this section) for an educational
institution, benefits may not be paid based on the service of an
individual for any week which commences during a period
between two (2) successive academic years or terms if the
individual performs the service in the first of the academic years
or terms and there is reasonable assurance that the individual will
perform the service in the second of the academic years or terms.
However, with respect to weeks of unemployment beginning on
or after January 1, 1984, if compensation is denied to any
individual under this subdivision and the individual was not
offered an opportunity to perform such services for the
educational institution for the second of the academic years or
terms, the individual is entitled to a retroactive payment of
compensation for each week for which the individual filed a
timely claim for compensation and for which compensation was
denied solely by reason of this subdivision.
(3) With respect to any services described in subdivision (1) or
(2), compensation payable for these services shall be denied to
any individual for any week which commences during an
established and customary vacation period or holiday recess if
there is reasonable assurance that the individual will perform the
services in the period immediately following the vacation period
or holiday recess.
(4) With respect to any services described in subdivisions (1) and
(2), benefits shall not be payable on the basis of services in any
such capacities as specified in subdivisions (1), (2), and (3), to
any individual who performed such services in an educational
institution while in the employ of an educational service agency.
For purposes of this subdivision, the term "educational service
agency" means a governmental agency or governmental entity that
is established and operated exclusively for the purpose of
providing such services to one (1) or more educational
institutions.
(5) For services to which 26 U.S.C. 3309(a)(1) applies, if the
services are provided to or on behalf of an educational institution,
compensation payable based on the services may be denied as
specified in subdivisions (1), (2), (3), and (4).
(b) For purposes of this section, benefits may not be denied during
the period between academic years or terms to any individual having
wage credits earned with other than an educational institution if the
wage credits qualify the individual under section 5 of this chapter and
the individual is otherwise eligible. In these cases, the claim shall be
computed based on the wage credits earned with employers other than
educational institutions reported for the individual during the base
period, in accordance with IC 22-4-12-2 and IC 22-4-12-4. Benefits
paid based on the computation shall be only for weeks of
unemployment occurring between academic years or terms. For any
weeks of unemployment claims other than between academic years or
terms, the claims of these individuals shall be recomputed to include
all base period wages.
Formerly: Acts 1971, P.L.355, SEC.34. As amended by Acts
1977, P.L.262, SEC.22; Acts 1978, P.L.122, SEC.2; Acts 1979,
P.L.229, SEC.3; P.L.227-1983, SEC.8; P.L.129-1984, SEC.2;
P.L.2-2011, SEC.13.