§ 28-44-6. Weekly benefits for total unemployment — Year established — Dependents' allowance.
(a)(1) The benefit rate payable under this chapter to any eligible individual with respect
to any week of his or her total unemployment, when that week occurs within a benefit
year, shall be, for benefit years beginning on or after October 1, 1989, and prior
to July 1, 2012, four and sixty-two hundredths percent (4.62%) of the wages paid to
the individual in that calendar quarter of the base period in which the individual's
wages were highest;
(2) The benefit rate payable under this chapter to any eligible individual with respect
to any week of his or her total unemployment, when that week occurs within a benefit
year, shall be, for benefit years beginning on or after July 1, 2012, and prior to
July 1, 2013, four and thirty-eight hundredths percent (4.38%) of the average quarterly
wage paid to the individual in the two (2) calendar quarters of the base period in
which the individual's wages were highest;
(3) The benefit rate payable under this chapter to any eligible individual with respect
to any week of his or her total unemployment, when that week occurs within a benefit
year, shall be, for benefit years beginning on or after July 1, 2013, and prior to
July 1, 2014, four and fifteen hundredths percent (4.15%) of the average quarterly
wage paid to the individual in the two calendar quarters of the base period in which
the individual's wages were highest;
(4) The benefit rate payable under this chapter to any eligible individual with respect
to any week of his or her total unemployment, when that week occurs within a benefit
year, shall be, for benefit years beginning on or after July 1, 2014, three and eighty-five
hundredths percent (3.85%) of the average quarterly wage paid to the individual in
the two calendar quarters of the base period in which the individual's wages were
highest;
(5) Provided, that the benefit rate prior to July 1, 2012, shall not be more than sixty-seven
percent (67%) of the average weekly wage paid to individuals in employment covered
by the Employment Security Act for the preceding calendar year ending December 31.
Provided, further, that the benefit rate on or after July 1, 2012, shall not be more
than fifty-seven and one-half percent (57.5%) of the average weekly wage paid to individuals
in employment covered by the Employment Security Act for the preceding calendar year
ending December 31 or the maximum weekly benefit rate that was in effect as of July
1, 2011, whichever is the highest. If the maximum weekly benefit rate is not an exact
multiple of one dollar ($1.00), then the rate shall be rounded to the next lower multiple
of one dollar ($1.00).
(6) The average weekly wage of individuals in covered employment shall be computed as
follows: On or before May 31 of each year, the total annual wages paid to individuals
in covered employment for the preceding calendar year by all employers shall be divided
by the monthly average number of individuals in covered employment during that preceding
calendar year, and the quotient shall be divided by fifty-two (52). Such weekly benefit
rates shall be effective throughout benefit years beginning on or after July 1 of
that year and prior to July 1, of the succeeding calendar year.
(7) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00),
shall be rounded to the next lower multiple of one dollar ($1.00).
(b)(1) An individual to whom benefits for total or partial unemployment are payable under
this chapter with respect to any week shall, in addition to those benefits, be paid
with respect to each week a dependents' allowance of fifteen dollars ($15.00) or five
percent (5%) of the individual's benefit rate, whichever is greater, for each of that
individual's children, including adopted children and stepchildren, or that individual's
court appointed wards who, at the beginning of the individual's benefit year, is under
eighteen (18) years of age, and who is at that time in fact dependent on that individual,
including individuals who have been appointed the legal guardian of that child by
the appropriate court. The total dependents' allowance paid to any individual shall
not exceed the greater of fifty dollars ($50) or twenty-five percent (25%) of the
individual's benefit rate. Notwithstanding the above, the total amount of the dependents'
allowance paid to individuals receiving partial unemployment benefits for any week
shall be based on the percentage that their partial weekly benefit rate is compared
to their full weekly benefit rate.
(2) The dependent's allowance shall also be paid to the individual for any child, including
an adopted child or a stepchild, eighteen (18) years of age or over, incapable of
earning any wages because of mental or physical incapacity, and who is dependent on
that individual in fact at the beginning of the individual's benefit year.
(3) In no instance shall the number of dependents for which an individual may receive
dependents' allowances exceed five (5) in total.
(4) The weekly total of dependents' allowances payable to any individual, if not an exact
multiple of one dollar ($1.00), shall be rounded to the next lower multiple of one
dollar ($1.00).
(5) The number of an individual's dependents, and the fact of their dependency, shall
be determined as of the beginning of that individual's benefit year. Only one individual
shall be entitled to a dependent's allowance for the same dependent with respect to
any week. As to two (2) or more parties making claim for an allowance for the same
dependent for the same week, the benefit shall be provided to the party who has actual
custody of the dependent or in the case of joint custody, to the party who has physical
possession of the dependent.
(6) Each individual who claims a dependent's allowance shall establish his or her claim
to it to the satisfaction of the director under procedures established by the director.
(7) This subsection shall be effective for all benefit years beginning on or after January
1, 2011.