§ 22-4-2-34 — Extended benefits; additional definitions

(a) The definitions in this section apply
throughout this article.
(b) "Rate of insured unemployment" 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 department 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.
(c) "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.
(d) "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.
(e) "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.
(f) "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, 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).
(g) "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.
(h) "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; P.L.175-2009, SEC.3;
P.L.12-2011, SEC.1; P.L.171-2016, SEC.2; P.L.200-2025,
SEC.1.