CHAPTER 14. ELIGIBILITY FOR BENEFITS
IC 22-4-14
Chapter 14. Eligibility for Benefits
IC 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 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.
IC 22-4-14-2
Employment offices; registration; reporting; issuance of warrants;
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 or would be inconsistent with the purposes of this article.
(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.
(4) Any other situation exists for which the department
considers requiring compliance by the individual with this
section to be inconsistent with the purposes of this article.
(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.
IC 22-4-14-3
Ability to work; available for work; military service; approved
training
Sec. 3. (a) An individual who is receiving benefits as determined
under IC 22-4-15-1(c)(8) may restrict the individual's availability
because of the individual's need to address the physical,
psychological, or legal effects of being a victim of domestic or
family violence (as defined in IC 31-9-2-42).
(b) An unemployed individual shall be eligible to receive benefits
with respect to any week only if the individual:
(1) is physically and mentally able to work;
(2) is available for work;
(3) is found by the department to be making an effort to secure
full-time work; and
(4) participates in reemployment services, such as job search
assistance services, if the individual has been determined to be
likely to exhaust regular benefits and to need reemployment
services under a profiling system established by the department,
unless the department determines that:
(A) the individual has completed the reemployment services;
or
(B) failure by the individual to participate in or complete the
reemployment services is excused by the director under
IC 22-4-14-2(b).
The term "effort to secure full-time work" shall be defined by the
department through rule which shall take into consideration whether
such individual has a reasonable assurance of reemployment and, if
so, the length of the prospective period of unemployment. However,
if an otherwise eligible individual is unable to work or unavailable
for work on any normal work day of the week the individual shall be
eligible to receive benefits with respect to such week reduced by
one-third (1/3) of the individual's weekly benefit amount for each day
of such inability to work or unavailability for work.
(c) For the purpose of this article, unavailability for work of an
individual exists in, but is not limited to, any case in which, with
respect to any week, it is found:
(1) that such individual is engaged by any unit, agency, or
instrumentality of the United States, in charge of public works
or assistance through public employment, or any unit, agency,
or instrumentality of this state, or any political subdivision
thereof, in charge of any public works or assistance through
public employment;
(2) that such individual is in full-time active military service of
the United States, or is enrolled in civilian service as a
conscientious objector to military service;
(3) that such individual is suspended for misconduct in
connection with the individual's work; or
(4) that such individual is in attendance at a regularly
established public or private school during the customary hours
of the individual's occupation or is in any vacation period
intervening between regular school terms during which the
individual is a student. However, this subdivision does not
apply to any individual who is attending a regularly established
school, has been regularly employed and upon becoming
unemployed makes an effort to secure full-time work and is
available for suitable full-time work with the individual's last
employer, or is available for any other full-time employment
deemed suitable.
(d) Notwithstanding any other provisions in this section or
IC 22-4-15-2, no otherwise eligible individual shall be denied
benefits for any week because the individual is in training with the
approval of the department, nor shall such individual be denied
benefits with respect to any week in which the individual is in
training with the approval of the department by reason of the
application of the provisions of this section with respect to the
availability for work or active search for work or by reason of the
application of the provisions of IC 22-4-15-2 relating to failure to
apply for, or the refusal to accept, suitable work. The department
shall by rule prescribe the conditions under which approval of such
training will be granted.
(e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, an
otherwise eligible individual shall not be denied benefits for any
week or determined not able, available, and actively seeking work,
because the individual is responding to a summons for jury service.
The individual shall:
(1) obtain from the court proof of the individual's jury service;
and
(2) provide to the department, in the manner the department
prescribes by rule, proof of the individual's jury service.
(Formerly: Acts 1947, c.208, s.1403; Acts 1951, c.307, s.3; Acts
1955, c.317, s.8; Acts 1967, c.310, s.18; Acts 1971, P.L.355, SEC.30;
Acts 1975, P.L.253, SEC.1.) As amended by Acts 1976, P.L.114,
SEC.4; Acts 1980, P.L.158, SEC.3; P.L.227-1983, SEC.7;
P.L.18-1987, SEC.42; P.L.21-1995, SEC.79; P.L.189-2003, SEC.2;
P.L.108-2006, SEC.26; P.L.175-2009, SEC.20; P.L.110-2010,
SEC.30.
IC 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.)
IC 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
performed insured work and earned wages in employment under
IC 22-4-8 in an amount not less than the individual's weekly benefit
amount established for the individual in the preceding benefit year
in each of eight (8) weeks.
(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.
IC 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.
IC 22-4-14-7
Institutions of higher education or other educational institution;
period between terms, vacation periods, and holiday recesses
Sec. 7. (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 subdivisions (1) or
(2) of this section, 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.
(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.
IC 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.
IC 22-4-14-9
Aliens
Sec. 9. 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 his 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.
As added by Acts 1977, P.L.262, SEC.24. Amended by P.L.135-1990,
SEC.3.
IC 22-4-14-10
Repealed
(Repealed by Acts 1982, P.L.137, SEC.1.)
IC 22-4-14-11
Seasonal employment; benefit claims; application for seasonal
determination; appeal
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 of
workforce development. 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) Any interested party may file an appeal regarding a seasonal
determination within fifteen (15) calendar days after the
determination by the department and obtain review of the
determination in accordance with IC 22-4-32.
(d) 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.
(e) 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. Any interested party
may file an appeal within fifteen (15) calendar days after the
redetermination by the department and obtain review of the
redetermination in accordance with IC 22-4-32.
(f) 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 on a special seasonal
quarterly report form provided by the department.
(g) The board 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.