reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 12. Benefits Schedule › 22-4-12-1. Eligibility; Payment; Death

Sec. 1. Benefits designated as unemployment insurance benefits shall become payable from the fund to any individual who is or becomes unemployed and eligible for benefits under the terms of this article. All benefits shall be paid through the department or such other agencies as the department by rule may designate at such times and in such manner as the department may prescribe. The department may adopt rules to provide for the payment of benefits due and payable on executed vouchers to persons since deceased; benefits so due and payable may be paid to the legal representative, dependents, or next of kin of the deceased as are found to be entitled thereto, which rules need not conform with the laws of the state governing decedent estates, and every such payment shall be deemed a valid payment to the same extent as if made to the legal representative of the deceased.
Formerly: Acts 1947, c.208, s.1201. As amended by P.L.144-1986, SEC.101; P.L.108-2006, SEC.22.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 12. Benefits Schedule › 22-4-12-2. Rates; Prior Weekly Wage Computation

Sec. 2. (a) With respect to initial claims filed for any week beginning on and after July 1, 1997, and before July 1, 2012, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1) in any week in the individual's benefit period shall be paid for the week, if properly claimed, benefits at the rate of:
(1) five percent (5%) of the first two thousand dollars ($2,000) of the individual's wage credits in the calendar quarter during the individual's base period in which the wage credits were highest; and
(2) four percent (4%) of the individual's remaining wage credits in the calendar quarter during the individual's base period in which the wage credits were highest.
(b) With respect to initial claims filed for any week beginning on and after July 1, 2012, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1) in any week in the individual's benefit period shall be paid for the week, if properly claimed, an amount equal to forty-seven percent (47%) of the individual's prior average weekly wage, rounded (if not already a multiple of one dollar ($1)) to the next lower dollar. However, the maximum weekly benefit amount may not exceed three hundred ninety dollars ($390).
(c) For purposes of this section, "prior average weekly wage" means the result of:
(1) the individual's total wage credits during the individual's base period; divided by
(2) fifty-two (52).
Formerly: Acts 1947, c.208, s.1202; Acts 1951, c.307, s.2; Acts 1955, c.274, s.1; Acts 1957, c.294, s.2; Acts 1959, c.97, s.2; Acts 1965, c.190, s.7; Acts 1967, c.310, s.16; Acts 1971, P.L.355, SEC.26; Acts 1973, P.L.240, SEC.1; Acts 1974, P.L.110, SEC.1. As amended by Acts 1976, P.L.114, SEC.3; Acts 1977, P.L.262, SEC.21; Acts 1980, P.L.158, SEC.2; P.L.129-1984, SEC.1; P.L.34-1985, SEC.5; P.L.18-1987, SEC.39; P.L.171-1991, SEC.3; P.L.1-1992, SEC.109; P.L.23-1993, SEC.129; P.L.202-1993, SEC.5; P.L.1-1994, SEC.113; P.L.21-1995, SEC.75; P.L.166-1996, SEC.1; P.L.259-1997(ss), SEC.4; P.L.235-1999, SEC.10; P.L.2-2011, SEC.11.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 12. Benefits Schedule › 22-4-12-3. Amount; Inability to Work; Unavailable for Work

Sec. 3. The weekly benefit amount of any otherwise eligible individual shall be reduced by one-third (1/3) thereof, computed to the next lower multiple of one dollar ($1.00), for each normal work day during which such individual is unable to work or is unavailable for work.
Formerly: Acts 1947, c.208, s.1203. As amended by P.L.227-1983, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 12. Benefits Schedule › 22-4-12-5. Part-Time Worker

Sec. 5. (a) As used in this section, the term "part-time worker" means an individual whose normal work is in an occupation in which the individual's services are not required for the customary scheduled full-time hours prevailing in the establishment in which the individual is employed, or who, owing to personal circumstances, does not customarily work the customary scheduled full-time hours prevailing in the establishment in which the individual is employed.
(b) The department may prescribe rules applicable to part-time workers for determining their weekly benefit amount and the wage credits required to qualify such individuals for benefits. Such rules shall, with respect to such individuals, supersede any inconsistent provisions of this article, but, so far as practicable, shall secure results reasonably equivalent to those provided in the analogous provisions of this article.
Formerly: Acts 1947, c.208, s.1205. As amended by P.L.144-1986, SEC.102; P.L.171-2016, SEC.9.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13. Improper Payments › 22-4-13-1.1. Forfeiture of Benefits or Wage Credits; Civil Penalties

Sec. 1.1. (a) Notwithstanding any other provisions of this article, if an individual knowingly:
(1) fails to disclose amounts earned during any week in the individual's waiting period, benefit period, or extended benefit period;
(2) fails, or causes another to fail, to disclose a material fact; or
(3) falsifies, or causes another to falsify, a material fact;
that would disqualify the individual for benefits, reduce the individual's benefits, or render the individual ineligible for benefits or extended benefits, the individual forfeits any wage credits earned, regardless of whether benefits were paid, and any benefits or extended benefits that might otherwise be payable to the individual for any week in which the failure to disclose or falsification occurred.
(b) In addition to the wage credits and amounts forfeited under subsection (a), an individual is subject to the following civil penalties for each instance in which the individual knowingly fails to disclose or falsifies any fact that if accurately reported to the department would disqualify the individual for benefits, reduce the individual's benefits, or render the individual ineligible for benefits or extended benefits:
(1) For the first instance, an amount equal to twenty-five percent (25%) of the benefit overpayment.
(2) For the second instance, an amount equal to fifty percent (50%) of the benefit overpayment.
(3) For the third and each subsequent instance, an amount equal to one hundred percent (100%) of the benefit overpayment.
(c) The department's determination under this section constitutes an initial determination under IC 22-4-17-2(a) and is subject to a hearing and review under IC 22-4-17-3 through IC 22-4-17-15.
(d) Interest and civil penalties collected under this chapter shall be deposited as follows:
(1) Fifteen percent (15%) of the amount collected shall be deposited in the unemployment insurance benefit fund established under IC 22-4-26-1.
(2) The remainder of the amount collected shall be deposited in the special employment and training services fund established under IC 22-4-25-1.
As added by P.L.108-2006, SEC.24. Amended by P.L.175-2009, SEC.18; P.L.154-2013, SEC.5; P.L.121-2014, SEC.11; P.L.34-2021, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13. Improper Payments › 22-4-13-3. Overpayments Due to Retroactive Labor Awards; Offset and Remission

Sec. 3. If an overpayment of benefits is created by a retroactive payment by the employer for:
(1) awards by the National Labor Relations Board of additional pay, backpay, or for loss of employment;
(2) any payments made under an agreement entered into by an employer, either a union or an employee, and the National Labor Relations Board; or
(3) payments to an employee by an employing unit made pursuant to the terms and provisions of the Fair Labor Standards Act;
and the employer offsets all or part of the overpaid benefits against the award, the employer shall remit the amount offset to the division.
As added by P.L.20-1986, SEC.8.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13. Improper Payments › 22-4-13-5. Offer in Compromise

Sec. 5. (a) This section does not apply to cases of improper payments under any of the following provisions:
(1) Section 1(c) of this chapter.
(2) Section 1(d) of this chapter.
(3) IC 22-4-11.5.
(b) The department may accept an offer in compromise from an employer or claimant to reduce past due debt arising from contributions or benefit overpayments imposed under this article.
(c) The department may adopt rules under IC 4-22-2 to carry out this section.
As added by P.L.85-2023, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13.3. Administrative Withholding for Benefit Overpayments › 22-4-13.3-1. Applicability of Chapter; Authority for Department to Require Income Withholding

Sec. 1. Whenever:
(1) the department establishes an overpayment for an individual under IC 22-4-13-1(c) or IC 22-4-13-1(d); and
(2) the overpayment becomes final following the exhaustion of all appeals;
the department may, in addition to any other manner of collecting the overpayment provided by law, require each employer of an individual for whom an overpayment is established to withhold amounts from the individual's income and pay those amounts to the department in accordance with this chapter.
As added by P.L.183-2015, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13.3. Administrative Withholding for Benefit Overpayments › 22-4-13.3-2. Notice to Individual Subject to Income Withholding; Contents of Notice

Sec. 2. (a) The department shall provide a notice to an individual who is subject to withholding under section 1 of this chapter.
(b) The notice provided under subsection (a) must contain the following:
(1) That the individual's income will be withheld.
(2) That a notice to withhold the individual's income applies to all current and subsequent employers.
(3) That a notice to withhold income will be provided to each of the individual's employers and will include the information listed in section 3 of this chapter.
(4) That the individual may contest the withholding and assert exemptions from withholding by requesting an administrative review.
(5) The grounds and procedures for the individual to contest the withholding.
As added by P.L.183-2015, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13.3. Administrative Withholding for Benefit Overpayments › 22-4-13.3-3. Notice to Employer to Withhold Income; Contents of Notice

Sec. 3. (a) The department shall provide a notice to withhold income to each employer of an individual who is subject to withholding under section 1 of this chapter.
(b) A notice to withhold income provided under subsection (a) is binding on the employer and must contain the following:
(1) The Social Security number of the individual who is subject to withholding.
(2) The total amount to be withheld from the individual's income, including any interest, penalties, or assessments accrued under this article.
(3) An explanation of an employer's duties under section 4 of this chapter upon the employer's receipt of the notice to withhold income.
(4) A description of the limitations on income withholding established by section 7(d) of this chapter.
(5) A description of:
(A) the prohibition established under section 5 of this chapter against an employer using income withholding as the basis for refusing to hire, discharging, or taking disciplinary action against an individual; and
(B) the penalties established under section 6 of this chapter for an employer that refuses to withhold income or knowingly misrepresents an employee's income.
As added by P.L.183-2015, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13.3. Administrative Withholding for Benefit Overpayments › 22-4-13.3-4. Employer's Duties Related to Income Withholding; Fee for Withholding Income

Sec. 4. (a) An employer that receives a notice to withhold income under section 3 of this chapter shall do the following:
(1) Verify the individual's employment to the department.
(2) Withhold from the income due to the individual each pay period an amount:
(A) determined in accordance with; and
(B) subject to the limitations of and priority established by;
IC 24-4.5-5-105 in the same manner as a garnishment. An income withholding under this chapter is not an assignment of wages under IC 22-2-6.
(3) Begin withholding the amount determined under subdivision (2) from the individual's income beginning with the first pay period that occurs not later than fourteen (14) days after the date the employer receives the notice sent under section 3 of this chapter.
(4) Remit the amount withheld under subdivision (2) to the department by check or electronic payment (as defined by IC 5-27-2-3) not later than seven (7) days after the date of each regularly scheduled pay day.
(5) Continue withholding under this section until:
(A) the department notifies the employer to discontinue the withholding; or
(B) the full amount required to be paid to the department has been paid, as indicated by a written statement to the employer from the department.
(6) Notify the department, if the individual subject to withholding terminates employment, including the individual's last known address and the name of any new employer, if known.
(b) An employer that is required to withhold income under subsection (a)(2) may collect a fee equal to twelve dollars ($12). If the employer chooses to impose a fee, the fee shall be allocated as follows:
(1) Fifty percent (50%) of the fee shall be paid by the individual subject to withholding, and that amount is deductible by the employer from the individual's disposable earnings (as defined in IC 24-4.5-5-105(1)(a)).
(2) Fifty percent (50%) of the fee shall be paid by the department.
The fee may be collected only once by an employer for each notice provided by the department under section 3 of this chapter. The employer may collect the entire fee from one (1) or more of the initial withholdings from the individual's disposable earnings, or alternatively, the employer may collect the fee ratably over the number of pay periods for which the withholdings from the individual's disposable earnings are required. If an employer chooses to collect a fee under this subsection, the employer shall notify the department in the manner and form prescribed by the department, and the amount to be withheld must be reduced, if necessary, to avoid exceeding the maximum amount permitted to be deducted under IC 24-4.5-5-105(3). A fee collected under this subsection is not an assignment of wages under IC 22-2-6.
As added by P.L.183-2015, SEC.5. Amended by P.L.66-2018, SEC.2.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13.3. Administrative Withholding for Benefit Overpayments › 22-4-13.3-5. Employer May Not Discriminate Against Employee Because of Income Withholding; Employee Remedies

Sec. 5. (a) An employer may not use the withholding of income to collect an overpayment to the department as a basis for:
(1) refusing to hire a potential employee;
(2) discharging an employee; or
(3) taking disciplinary action against an employee.
(b) If:
(1) an employee reasonably believes that an employer took an action described in subsection (a); and
(2) the employee was adversely affected by the employer's action;
the employee may bring a suit against the employer in a court with jurisdiction.
(c) If a court determines that an employer took an action described in subsection (a), the employer may be:
(1) ordered to hire or reinstate an employee who was adversely affected by the employer's action without loss of pay or benefits; and
(2) fined an amount not to exceed one thousand dollars ($1,000).
As added by P.L.183-2015, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13.3. Administrative Withholding for Benefit Overpayments › 22-4-13.3-6. Employer Refusal to Withhold Income or Income Misrepresented; Department Remedies

Sec. 6. (a) An employer that refuses to withhold income as required by this chapter or knowingly misrepresents the income of an employee:
(1) is liable to the department for the amount that the employer failed to withhold from an employee's income; and
(2) may be ordered to pay punitive damages to the department in an amount not to exceed one thousand dollars ($1,000) for each pay period the employer failed to withhold income as required or knowingly misrepresented the income of the employee.
(b) The department may institute a civil action in a court with jurisdiction requesting that the court direct the employer to appear and to show cause why the penalties described in this section should not be assessed.
(c) At the hearing on the order to show cause, the court, upon a finding that the employer refused to withhold income as required or knowingly misrepresented an employee's income:
(1) shall require the employer to pay the amount the employer failed or refused to withhold from the employee's income;
(2) may order the employer to provide accurate information concerning an employee's income;
(3) may assess against the employer punitive damages under subsection (a)(2); and
(4) may order the employer to otherwise comply with this chapter.
As added by P.L.183-2015, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13.3. Administrative Withholding for Benefit Overpayments › 22-4-13.3-7. Employer and Department Immunity; Limitations on Income Withholding; Rulemaking Authority

Sec. 7. (a) An employer that complies with a notice described in section 3 of this chapter that is regular on its face is not liable in any civil action for any conduct taken in compliance with the notice.
(b) An employer that complies with a notice described in section 3 of this chapter is discharged from liability to an employee for the part of the employee's income that was withheld in compliance with the notice.
(c) If a court issues an order to stay a withholding of income, the department is not liable in any civil action to an individual who is the subject of the income withholding for amounts withheld from the individual's income before the stay becomes effective.
(d) Administrative income withholdings issued under this chapter are subject to the limitations set forth in IC 24-4.5-5-105. A withholding under this chapter is not an assignment of wages under IC 22-2-6.
(e) The department may adopt rules under IC 4-22-2, including emergency rules in the manner provided under IC 4-22-2-37.1, to carry out the department's responsibilities under this chapter.
As added by P.L.183-2015, SEC.5.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 13.3. Administrative Withholding for Benefit Overpayments › 22-4-13.3-8. Contest of Income Withholding; Basis for Contest; Administrative Hearing; Review of Administrative Decision

Sec. 8. (a) An individual who receives a notice under section 2 of this chapter may contest the withholding and assert exemptions by requesting, in writing, not later than fifteen (15) days after the date on the notice, an administrative hearing by an administrative law judge of the department.
(b) An administrative hearing under this section may be conducted in either of the following ways:
(1) As a written records or "paper" hearing conducted by review of written materials and other records.
(2) As a telephone or in person hearing conducted by review of written materials and testimony.
(c) An individual who contests an income withholding is entitled to:
(1) an opportunity to inspect and copy records relating to the overpayment;
(2) an opportunity to enter into a written agreement with the department to establish a schedule for repayment of the overpayment; and
(3) an opportunity for an administrative hearing conducted by an administrative law judge of the department.
(d) An individual may contest an income withholding on the following grounds:
(1) That the existence, past due status, or the amount of the overpayment is incorrect.
(2) That the amount withheld was incorrectly calculated.
(3) That the overpayment is unenforceable as a matter of law.
(e) The department is not required to provide more than one (1) hearing based on the same grounds or objections. If:
(1) the department has already provided a hearing on the existence or the amount of the overpayment; and
(2) the employee does not have new evidence concerning the overpayment;
the department may not repeat the hearing on the existence or amount of the overpayment.
(f) The department's evidence concerning the existence, past due status, and amount of the overpayment is automatically admitted as evidence in the administrative hearing and must be considered by the administrative law judge.
(g) An individual who receives an adverse decision following an administrative hearing under this section may submit, not later than fifteen (15) days after the date of the decision, a request in writing to the commissioner that the commissioner or the commissioner's designee review the decision in the manner prescribed by the department. If the commissioner appoints a designee to review the decision, the commissioner shall not appoint as a designee an employee of the department's unemployment insurance program. The decision of the commissioner or the commissioner's designee under this subsection is final.
As added by P.L.183-2015, SEC.5. Amended by P.L.66-2018, SEC.3.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The amendments made to section 1 of this chapter by P.L.138-2008 apply to initial claims for unemployment filed for weeks that begin after March 14, 2008.
As added by P.L.220-2011, SEC.366.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-1. Claims; Inverse Seniority Layoffs; Other Layoffs and Plant Closures

Sec. 1. (a) Except as provided in IC 22-4-5-1 or subsection (b) or (c), an unemployed individual shall be eligible to receive benefits with respect to any week only if the individual has made a claim for benefits in accordance with IC 22-4-17.
(b) A person who:
(1) accepts a layoff under an inverse seniority clause of a validly negotiated contract; and
(2) otherwise meets the eligibility requirements established by this article;
is entitled to receive benefits in the same amounts, under the same terms, and subject to the same conditions as any other unemployed person.
(c) This subsection applies to initial claims for unemployment filed for a week that begins after March 14, 2008, and before October 1, 2011. This subsection does not apply to a person who elects to retire in connection with a layoff or plant closure and receive pension, retirement, or annuity payments. Except as provided in IC 22-4-5-1, a person who:
(1) accepts an offer of payment or other compensation offered by an employer to avert or lessen the effect of a layoff or plant closure; and
(2) otherwise meets the eligibility requirements established by this article;
is entitled to receive benefits in the same amounts, under the same terms, and subject to the same conditions as any other unemployed person.
Formerly: Acts 1947, c.208, s.1401; Acts 1971, P.L.355, SEC.29. As amended by P.L.138-2008, SEC.3; P.L.2-2011, SEC.12.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-2. Employment Offices; Registration; Reporting; Job Counseling and Training

Sec. 2. (a) An unemployed individual is eligible to receive benefits with respect to any week only if the individual has:
(1) registered for work at an employment office or branch thereof or other agency designated by the commissioner within the time limits that the department by rule adopts; and
(2) subsequently reported with the frequency and in the manner, either in person or in writing, that the department by rule adopts.
(b) Failure to comply with subsection (a) shall be excused by the commissioner or the commissioner's authorized representative upon a showing of good cause therefor. The department shall waive or alter the requirements of this section as to such types of cases or situations that compliance with such requirements would be oppressive.
(c) The department shall provide job counseling or training to an individual who remains unemployed for at least four (4) weeks. The manner and duration of the counseling shall be determined by the department.
(d) An individual who is receiving benefits as determined under IC 22-4-15-1(c)(8) is entitled to complete the reporting, counseling, or training that must be conducted in person at a one stop center selected by the individual. The department shall advise an eligible individual that this option is available.
(e) The department may waive the requirements of subsection (a) for a week only when one (1) of the following applies to an individual for that week:
(1) The individual is attending training or retraining approved by the department.
(2) The individual is a job-attached worker with a specific recall date that is not more than sixty (60) days after the individual's separation date.
(3) The individual is using:
(A) a hiring service;
(B) a referral service; or
(C) another job placement service as determined by the department.
Formerly: Acts 1947, c.208, s.1402; Acts 1953, c.177, s.14; Acts 1969, c.300, s.3. As amended by P.L.144-1986, SEC.103; P.L.18-1987, SEC.41; P.L.80-1990, SEC.12; P.L.1-1991, SEC.149; P.L.21-1995, SEC.78; P.L.108-2006, SEC.25; P.L.175-2009, SEC.19; P.L.171-2016, SEC.10.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-3.2. Required Visit and Orientation to One Stop Center Services; Exceptions

Sec. 3.2. (a) For purposes of section 3 of this chapter, not later than the fourth week after the week an individual begins receiving benefits, the individual must be scheduled to visit and receive an orientation to the services available through a one stop center (as defined by IC 22-4.1-1-5). The individual must appear when scheduled, but in any event, the individual's orientation must be completed not later than the sixth week after the week the individual begins receiving benefits.
(b) The department may waive the requirements of subsection (a) only when one (1) of the following applies to an individual:
(1) The individual is attending training or retraining approved by the department.
(2) The individual is a job-attached worker with a specific recall date that is not more than sixty (60) days after the individual's separation date.
(3) The individual is using:
(A) a hiring service;
(B) a referral service; or
(C) another job placement service as determined by the department.
(4) The individual is receiving a supplemental unemployment benefit under a contract or agreement.
As added by P.L.171-2016, SEC.12.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-3.5. Reemployment Services; Reemployment and Eligibility Assessment Activities

Sec. 3.5. (a) For purposes of section 3 of this chapter, reemployment services and reemployment and eligibility assessment activities provided to an individual:
(1) must include:
(A) orientation to the services available through a one stop center (as defined by IC 22-4.1-1-5);
(B) provision of labor market and career information;
(C) assessment of the individual's workforce and other job related skills; and
(D) a review of the individual's work search efforts; and
(2) may include:
(A) comprehensive and specialized assessments;
(B) individual and group career counseling;
(C) training services;
(D) additional services to assist the individual in becoming reemployed;
(E) job search counseling;
(F) development and review of the individual's reemployment plan that includes the individual's participation in job search activities and appropriate workshops; and
(G) additional job skills assessments as needed.
(b) The department may require an individual participating in reemployment and eligibility assessment activities described in this section to provide proof of identity.
(c) If an individual has been determined to be likely to exhaust regular benefits and to need reemployment services under a profiling system established by the department, the department may require the individual to participate in additional services beyond those provided in subsection (a).
As added by P.L.195-2015, SEC.2. Amended by P.L.149-2016, SEC.60.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-4. Waiting Period

Sec. 4. As a condition precedent to the payment of benefits to an individual with respect to any week such individual shall be required to serve a waiting period of one (1) week in which he has been totally, partially or part-totally unemployed and with respect to which he has received no benefits, but during which he was eligible for benefits in all other respects and was not otherwise ineligible for benefits under any provisions of this article. Such waiting period shall be a week in the individual's benefit period and during such week such individual shall be physically and mentally able to work and available for work. No individual in a benefit period may file for waiting period or benefit period rights with respect to any subsequent period. Provided, however, That no waiting period shall be required as a prerequisite for drawing extended benefits.
Formerly: Acts 1947, c.208, s.1404; Acts 1971, P.L.355, SEC.31.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-5. Wage Credits

Sec. 5. (a) As further conditions precedent to the payment of benefits to an individual with respect to benefit periods established on and after July 1, 1995, but before January 1, 2010:
(1) the individual must have established, after the last day of the individual's last base period, if any, wage credits (as defined in IC 22-4-4-3 and within the meaning of IC 22-4-22-3) equal to at least one and one-quarter (1.25) times the wages paid to the individual in the calendar quarter in which the individual's wages were highest; and
(2) the individual must have established wage credits in the last two (2) calendar quarters of the individual's base period in a total amount of not less than one thousand six hundred fifty dollars ($1,650) and an aggregate in the four (4) calendar quarters of the individual's base period of not less than two thousand seven hundred fifty dollars ($2,750).
(b) As a further condition precedent to the payment of benefits to an individual with respect to a benefit year established on and after July 1, 1995, an insured worker may not receive benefits in a benefit year unless after the beginning of the immediately preceding benefit year during which the individual received benefits, the individual:
(1) performed insured work;
(2) earned remuneration in employment in at least each of eight (8) weeks; and
(3) earned remuneration equal to or exceeding the product of the individual's weekly benefit amount multiplied by eight (8).
(c) As further conditions precedent to the payment of benefits to an individual with respect to benefit periods established on and after January 1, 2010:
(1) the individual must have established, after the last day of the individual's last base period, if any, wage credits (as defined in IC 22-4-4-3 and within the meaning of wages under IC 22-4-22-3) equal to at least one and five-tenths (1.5) times the wages paid to the individual in the calendar quarter in which the individual's wages were highest; and
(2) the individual must have established wage credits in the last two (2) calendar quarters of the individual's base period in a total amount of not less than two thousand five hundred dollars ($2,500) and a total amount in the four (4) calendar quarters of the individual's base period of not less than four thousand two hundred dollars ($4,200).
Formerly: Acts 1947, c.208, s.1405; Acts 1965, c.190, s.8; Acts 1971, P.L.355, SEC.32; Acts 1974, P.L.110, SEC.3. As amended by Acts 1980, P.L.158, SEC.4; P.L.34-1985, SEC.6; P.L.171-1991, SEC.5; P.L.21-1995, SEC.80; P.L.166-1996, SEC.2; P.L.175-2009, SEC.21; P.L.183-2015, SEC.6.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-6. Extended Benefits; Eligibility; Effect of Disqualification

Sec. 6. (a) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual's eligibility period only if the commissioner finds that with respect to such week:
(1) the individual is an "exhaustee" (as defined in IC 22-4-2-34(j)); and
(2) the individual has satisfied the requirements of this article for the receipt of regular benefits that are applicable to extended benefits, including not being subject to a disqualification for the receipt of benefits.
(b) If an individual has been disqualified from receiving extended benefits for failure to actively engage in seeking work under IC 22-4-15-2(c), the ineligibility shall continue for the week in which the failure occurs and until the individual earns remuneration in employment equal to or exceeding the weekly benefit amount of the individual's claim in each of four (4) weeks. For purposes of this subsection, an individual shall be treated as actively engaged in seeking work during any week if:
(1) the individual has engaged in a systematic and sustained effort to obtain work during the week; and
(2) the individual provides tangible evidence to the department of workforce development that the individual has engaged in an effort to obtain work during the week.
(c) For claims for extended benefits established after September 25, 1982, notwithstanding any other provision of this article, an individual shall be eligible to receive extended benefits only if the individual's insured wages in the base period with respect to which the individual exhausted all rights to regular compensation were equal to or exceeded one and one-half (1 1/2) times the individual's insured wages in that calendar quarter of the base period in which the individual's insured wages were the highest.
Formerly: Acts 1971, P.L.355, SEC.33. As amended by Acts 1981, P.L.209, SEC.7; Acts 1982, P.L.95, SEC.3; P.L.18-1987, SEC.43; P.L.21-1995, SEC.81; P.L.175-2009, SEC.22.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-8. Sports; Period Between Seasons

Sec. 8. For weeks of unemployment occurring subsequent to December 31, 1977, benefits may not be paid to any individual on the basis of any service substantially all of which consists of participating in sports or athletic events or training or preparing to participate in these events for any week which commences during the period between two (2) successive sport seasons or similar periods, if the individual performed the services in the first of the seasons or similar periods and there is a reasonable assurance that the individual will perform the services in the second of the seasons or similar periods.
Benefits may not be denied, however, for any week which commences during the period between two (2) successive sport seasons or similar periods if the individual has performed services in employment other than participating in sports or athletic events or training or preparing to participate in these events with wage credits earned in the other employment during his base period in sufficient amount to qualify under IC 22-4-14-5 and the individual is otherwise eligible. In these cases, the claim shall be computed based on the wage credits earned with employers other than those employing the individual in sports or athletic events reported for the individual during his base period and in accordance with IC 22-4-12-2 and IC 22-4-12-4. Benefits paid based on this computation shall be only for weeks of unemployment occurring between sport seasons or similar periods. For any weeks of unemployment claimed other than between sports seasons or similar periods, the claims of these individuals shall be recomputed to include all base period wages.
As added by Acts 1977, P.L.262, SEC.23.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-9. Aliens

Sec. 9. (a) As used in this section, "SAVE program" refers to the Systematic Alien Verification for Entitlements program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security.
(b) For weeks of unemployment occurring subsequent to December 31, 1977, benefits may not be paid on the basis of services performed by an alien unless the alien is an individual who has been lawfully admitted for permanent residence at the time the services are performed, is lawfully present for purposes of performing the services, or otherwise is permanently residing in the United States under color of law at the time the services are performed (including an alien who is lawfully present in the United States as a result of the application of the provisions of Section 207, Section 208, or Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1157 through 1158).
(1) Any data or information required of individuals applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.
(2) In the case of an individual whose application for benefits would otherwise be approved, no determination that benefits to the individual are not payable because of the individual's alien status may be made except upon a preponderance of the evidence.
(3) Any modifications to the provisions of Section 3304(a)(14) of the Federal Unemployment Tax Act, as provided by P.L.94-566, which specify other conditions or other effective date than stated in this section for the denial of benefits based on services performed by aliens and which are required to be implemented under state law as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, shall be considered applicable under this section.
(c) If an individual who applies for benefits is not a citizen or national of the United States, the department shall verify the status of the individual as a qualified alien (as defined in 8 U.S.C. 1641) through the SAVE program to determine the individual's eligibility for benefits. The department shall implement this subsection in accordance with federal law.
As added by Acts 1977, P.L.262, SEC.24. Amended by P.L.135-1990, SEC.3; P.L.171-2011, SEC.14.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 14. Eligibility for Benefits › 22-4-14-11. Seasonal Employment; Benefit Claims; Application for Seasonal Determination

Sec. 11. (a) For weeks of unemployment occurring after October 1, 1983, benefits may be paid to an individual on the basis of service performed in seasonal employment (as defined in IC 22-4-8-4) only if the claim is filed within the operating period of the seasonal employment. If the claim is filed outside the operating period of the seasonal employment, benefits may be paid on the basis of nonseasonal wages only.
(b) An employer shall file an application for a seasonal determination (as defined by IC 22-4-7-3) with the department. A seasonal determination shall be made by the department within ninety (90) days after the filing of such an application. Until a seasonal determination by the department has been made in accordance with this section, no employer or worker may be considered seasonal.
(c) Whenever an employer is determined to be a seasonal employer, the following provisions apply:
(1) The seasonal determination becomes effective the first day of the calendar quarter commencing after the date of the seasonal determination.
(2) The seasonal determination does not affect any benefit rights of seasonal workers with respect to employment before the effective date of the seasonal determination.
(d) If a seasonal employer, after the date of its seasonal determination, operates its business or its seasonal operation during a period or periods of twenty-six (26) weeks or more in a calendar year, the employer shall be determined by the department to have lost its seasonal status with respect to that business or operation effective at the end of the then current calendar quarter. The redetermination shall be reported in writing to the employer.
(e) Seasonal employers shall keep account of wages paid to seasonal workers within the seasonal period as determined by the department and shall report these wages in the form and manner prescribed by the department.
(f) The department shall adopt rules applicable to seasonal employers for determining their normal seasonal period or periods.
As added by P.L.228-1983, SEC.4. Amended by P.L.18-1987, SEC.44; P.L.21-1995, SEC.82; P.L.171-2016, SEC.13; P.L.122-2019, SEC.28.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 15. Disqualification for Benefits › 22-4-15-3. Labor Disputes; Financing; Sympathy Strikes

Sec. 3. (a) An individual shall be ineligible for waiting period or benefit rights for any week with respect to which his total or partial or part-total unemployment is due to a labor dispute at the factory, establishment, or other premises at which he was last employed.
(b) This section shall not apply to an individual if he has terminated his employment, or his employment has been terminated, with the employer involved in the labor dispute; or if the labor dispute which caused his unemployment has terminated and any period necessary to resume normal activities at his place of employment has elapsed; or if all of the following conditions exist: He is not participating in or financing or directly interested in the labor dispute which caused his unemployment: and he does not belong to a grade or class of workers of which, immediately before the commencement of his unemployment, there were members employed at the same premises as he, any of whom are participating in or financing or directly interested in the dispute; and he has not voluntarily stopped working, other than at the direction of his employer, in sympathy with employees in some other establishment or factory in which a labor dispute is in progress.
(c) If in any case separate branches of work which are commonly conducted as separate businesses in separate premises are conducted in separate departments of the same premises, each such department shall, for the purpose of this section, be deemed to be a separate factory, establishment, or other premises.
(d) Upon request of any claimant or employer involved in an issue arising under this section, the deputy shall, and in any other case the deputy may, refer claims of individuals with respect to whom there is an issue of the application of this section to an administrative law judge who shall make the initial determination with respect thereto, in accordance with the procedure in IC 22-4-17-3.
(e) Notwithstanding any other provisions of this article, an individual shall not be ineligible for waiting period or benefit rights under this section solely by reason of his failure or refusal to apply for or to accept recall to work or reemployment with an employer during the continuance of a labor dispute at the factory, establishment, or other premises of the employer, if the individual's last separation from the employer occurred prior to the start of the labor dispute and was permanent or for an indefinite period.
Formerly: Acts 1947, c.208, s.1504; Acts 1953, c.177, s.16; Acts 1971, P.L.355, SEC.37; Acts 1974, P.L.110, SEC.6. As amended by Acts 1980, P.L.158, SEC.7; P.L.135-1990, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 15. Disqualification for Benefits › 22-4-15-4. Retirement; Annuities; Social Security

Sec. 4. (a) An individual shall be ineligible for waiting period or benefit rights for any week with respect to which the individual receives, is receiving, or has received payments equal to or exceeding the individual's weekly benefit amount in the form of:
(1) deductible income as defined and applied in IC 22-4-5-1 and IC 22-4-5-2; or
(2) any pension, retirement or annuity payments, under any plan of an employer whereby the employer contributes all of the money. The following apply to a disqualification under this subdivision:
(A) The disqualification shall apply only if some or all of the benefits otherwise payable:
(i) are chargeable to the experience or reimbursable account of such employer; or
(ii) would have been chargeable except for the application of this chapter.
(B) Notwithstanding clause (A), the disqualification does not apply to a distribution from a pension, retirement, or annuity plan of an employer when an individual uses the distribution to satisfy a severe financial hardship resulting from an unforeseeable emergency that is the result of events beyond the individual's control.
(C) Federal old age, survivors, and disability insurance benefits are not considered payments under a plan of an employer whereby the employer maintains the plan or contributes a portion or all of the money to the extent required by federal law.
(b) If the payments described in subsection (a) are less than an individual's weekly benefit amount an otherwise eligible individual shall not be ineligible and shall be entitled to receive for such week benefits reduced by the amount of such payments.
(c) This section does not preclude an individual from delaying a claim to pension, retirement, or annuity payments until the individual has received the benefits to which the individual would otherwise be eligible under this chapter. Weekly benefits received before the date the individual elects to retire shall not be reduced by any pension, retirement, or annuity payments received on or after the date the individual elects to retire.
Formerly: Acts 1947, c.208, s.1505; Acts 1953, c.177, s.17; Acts 1967, c.310, s.20; Acts 1971, P.L.355, SEC.38. As amended by Acts 1981, P.L.209, SEC.9; P.L.3-1998, SEC.1; P.L.290-2001, SEC.9; P.L.2-2011, SEC.14; P.L.85-2023, SEC.4.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 15. Disqualification for Benefits › 22-4-15-5. Receiving Benefits From Another State; Federal Employees' Benefits

Sec. 5. Except as provided in IC 22-4-22, an individual shall be ineligible for waiting period or benefit rights: For any week with respect to which or a part of which the individual receives, is receiving, has received or is seeking unemployment benefits under an unemployment compensation law of another state or of the United States: Provided, That this disqualification shall not apply if the appropriate agency of such other state or of the United States finally determines that the individual is not entitled to such employment benefits, including benefits to federal civilian employees and ex-servicemen pursuant to 5 U.S.C. Chapter 85.
Formerly: Acts 1947, c.208, s.1506; Acts 1953, c.177, s.18; Acts 1955, c.317, s.9; Acts 1971, P.L.355, SEC.39. As amended by P.L.86-2018, SEC.190.
2023 Indiana Code › Title 22. Labor and Safety › Article 4. Unemployment Compensation System › Chapter 15. Disqualification for Benefits › 22-4-15-6. Repealed

Formerly: Acts 1947, c.208, s.1507; Acts 1953, c.177, s.19; Acts 1971, P.L.355, SEC.40. As amended by Acts 1978, P.L.2, SEC.2215; Acts 1980, P.L.158, SEC.8; P.L.80-1990, SEC.14; P.L.135-1990, SEC.5. Repealed by P.L.1-1991, SEC.150.