2023 Laws of Puerto Rico › TITLE TWENTY-NINE - Labor (§§ 1 — 3004) › PART III - Social Security (§§ 611 — 726f) › Chapter 47 - Employment Security Act (§§ 701 — 717) › § 703 - Benefit formula

(a) Benefit payment.— Benefits shall be paid from the fund to workers who are unemployed and eligible for benefits.
(b) Weekly benefit amount.—
(1) Except as provided in subsection (c)(2) of this section, the weekly benefit amount of an insured worker other than an agricultural worker, fifty percent (50%) or more of whose salary in his basic period was paid for services specified in paragraph (A), (B), (C), (D), (F), (G), or (H) of subsection (k)(1) of § 702 of this title shall be that benefit consigned in the compensation schedule established by the Secretary through regulations.
The Secretary is authorized, beginning July 1, 1987, and from that date, on July 1 of each year, to adopt, through regulations, compensation schedules in addition to those hereby established. The maximum weekly benefit amount which the Secretary may establish shall not be less than fifty percent (50%) of the average weekly wage of the covered nonagricultural workers, according to the schedule which appears in said regulations.
The Secretary shall by regulations, establish the formula for determining the average weekly wage.
(2) The weekly benefit amount of an agricultural worker whose more than fifty percent (50%) of his wage in his basic period was paid for agricultural services specified in subsection (k)(1)(E) of § 702 of this title, except those provided in subsection (c)(2) of this section, shall be that which is consigned in the schedule of benefits established by the Secretary through regulations.
The Secretary is authorized, beginning July 1, 1987, and from then on, on July 1 of each year, to adopt by regulations, benefit schedules in addition to those already established. The amount of maximum weekly benefit to be established by the Secretary shall not be less than fifty per cent (50%) of the average weekly wage of the covered agricultural workers, according to the schedule that appears in said regulations.
The Secretary shall define the formula to determine the average weekly wage, by regulations.
(c) Qualifying wages.—
(1) To qualify as an insured worker, an individual whose weekly benefit amount is determined in subsection (b)(1) of this section must have been paid wages for insured work during his base period as consigned in the benefit schedule and such wages must have been paid in at least two (2) calendar quarters of his base period.
(2) To qualify as an insured worker the individual whose weekly benefit amount is determined under subsection (b)(2) of this section must have been paid wages for insured work during his base period as consigned in the benefits schedule. Provided, That if the wages were paid in at least two (2) quarters of his basic period, the weekly benefit shall be determined pursuant to the provisions of subsection (b)(1) of this section.
(3) Whenever the benefit calculation of the base period, as defined in subsection (b) of § 702 of this title, shows that the claimant does not qualify for the benefit, the Secretary shall apply the alternative base period to make the eligibility calculation.
(d) Maxium potential annual benefits.— The maximum potential benefit payable to any insured worker during a benefit year shall be an amount equal to twenty (20) times the amount of his/her weekly benefit.
Provided, however, That such maximum potential benefits payable to an insured worker during his/her benefit year shall, henceforth be as indicated below:
(1) An amount equal to twenty-three (23) times the amount of his/her weekly benefit, if his/her benefit year starts on or after January 1, 1991.
(2) An amount equal to twenty-six (26) times the amount of his/her weekly benefit if his/her benefit year starts on or after June 30, 1991.
(e) Benefit per week of unemployment.— An insured worker who is unemployed in any week as defined in § 702(u) of this title, and who meets the conditions of eligibility for benefits under § 704 of this title, shall be paid, with respect to such week, an amount equal to his weekly-benefit amount, less that portion of his income (if any) that exceeds the amount of said weekly benefit, with respect to said week, and the result obtained must be rounded to the next lowest dollar.
(f) No individual may receive benefits for the second of two (2) consecutive benefit years unless, after the beginning of the first of those years in which he received benefits, he has rendered services in covered employment under this chapter, or under the laws of any state of the United States, in a calendar quarter, and has received in wages the total of at least three (3) times the weekly benefit determined in his first benefit year, but never less than [fifty dollars] ($50).
History —June 21, 1956, No. 74, p. 328, § 3; June 14, 1960, No. 83, p. 147, § 2; June 8, 1962, No. 27, p. 54, § 2; June 24, 1964, No. 73, p. 225, § 2; June 18, 1965, No. 45, p. 85; June 6, 1967, No. 102, p. 330, §§ 7—10; June 6, 1967, No. 107, p. 343, § 2; June 26, 1969, No. 87, p. 244, §§ 1, 2; May 28, 1970, No. 48, p. 114, § 1; June 24, 1971, No. 85, p. 257, § 2; June 15, 1972, No. 16, p. 374, § 2; June 30, 1975, No. 111, p. 329, § 2; June 24, 1977, No. 101, p. 228, § 2; Dec. 13, 1977, No. 2, p. 602, § 2; July 26, 1979, No. 4, p. 924, § 2; June 22, 1981, No. 15, p. 103, § 2; July 9, 1982, No. 2, p. 191, § 1; Sept. 12, 1983, No. 5, p. 360, § 1; July 13, 1987, No. 2, p. 595, § 1; July 13, 1987; Aug. 17, 1990, No. 42, p. 170, § 1; Dec. 27, 1990, No. 53, p. 1623; Aug. 18, 2011, No. 191, § 2.