§ 28-39-2 - Definitions.
SECTION 28-39-2
§ 28-39-2 Definitions. – The following words and phrases, as used in chapters 39 – 41 of thistitle, have the following meanings unless the context clearly requiresotherwise:
(1) "Average weekly wage" means the amount determined bydividing the individual's total wages earned for services performed inemployment within his or her base period by the number of that individual'scredit weeks within the base period;
(2) "Base period" with respect to an individual's benefityear when the benefit year begins on or after October 7, 1990, means the firstfour (4) of the most recently completed five (5) calendar quarters immediatelypreceding the first day of an individual's benefit year; provided, that for anyindividual's benefit year when the benefit year begins on or after October 4,1992, and for any individual deemed monetarily ineligible for benefits underthe "base period" as defined in this subdivision, the department shall make are-determination of entitlement based upon an alternate base period whichconsists of the last four (4) completed calendar quarters immediately precedingthe first day of the claimant's benefit year. Notwithstanding anythingcontained to the contrary in this subdivision, the base period shall notinclude any calendar quarter previously used to establish a valid claim forbenefits; provided, however, that the "base period" with respect to members ofthe United States military service, the Rhode Island National Guard, or aUnited States military reserve force, and who served in a United Statesdeclared combat operation during their military service, who file a claim forbenefits following their release from their state or federal active militaryservice and who are deemed to be monetarily ineligible for benefits under thissection, shall mean the first four (4) of the most recently completed five (5)calendar quarters immediately preceding the first day the individual was calledinto that state or federal active military service; provided, that for anyindividual deemed monetarily ineligible for benefits under the "base period" asdefined in this section, the department shall make a re-determination ofentitlement based upon an alternative base period which consists of the lastfour (4) completed calendar quarters immediately preceding the first day theclaimant was called into that state or federal active military service.Notwithstanding any provision of this section of the general or public laws tothe contrary, the base period shall not include any calendar quarter previouslyused to establish a valid claim for benefits;
(3) "Benefit" means the money payable, as provided inchapters 39 – 41 of this title, to an individual as compensation for hisor her unemployment caused by sickness;
(4) "Benefit credits" means the total amount of money payableto an individual as benefits, as provided in § 28-41-7;
(5) "Benefit rate" means the money payable to an individualas compensation, as provided in chapters 39 – 41 of this title, for his orher wage losses with respect to any week during which his or her unemploymentis caused by sickness;
(6) "Benefit year" with respect to any individual who doesnot already have a benefit year in effect, and who files a valid claim forbenefits as of November 16, 1958 or any later date, means fifty-two (52)consecutive calendar weeks, the first of which shall be the week containing theday as of which he or she first files that valid claim in accordance withregulations adopted as subsequently prescribed; provided, that for any benefityear beginning on or after October 7, 1990, the benefit year shall befifty-three (53) consecutive calendar weeks if the subsequent filing of a newvalid claim immediately following the end of a previous benefit year wouldresult in the overlapping of any quarter of the base period of the prior newclaim. In no event shall a new benefit year begin prior to the Sunday nextfollowing the end of the old benefit year;
(7) "Board" means the board of review as created underchapter 19 of title 42;
(8) "Calendar quarter" has the same definition as containedin chapter 42 of this title;
(9) "Credit week" means any week within an individual's baseperiod in which that individual earns wages amounting to at least twenty (20)times the minimum hourly wage as defined in chapter 12 of this title, forperforming services in employment for one or more employers subject to chapters39 – 41 of this title;
(10) "Director" means the director of the department of laborand training;
(11) "Employee" means any person who is or has been employedby an employer subject to chapters 39 – 41 of this title and in employmentsubject to those chapters;
(12) "Employer" means any employing unit that is an employerunder chapters 42 – 44 of this title;
(13) "Employing unit" has the same definition as contained inchapter 42 of this title and includes any governmental entity that elects tobecome subject to the provisions of chapters 39 – 41 of this title, inaccordance with the provisions of §§ 28-39-3.1 and 28-39-3.2;
(14) "Employment" has the same definition as contained inchapter 42 of this title;
(15) "Employment office" has the same definition as containedin chapter 42 of this title;
(16) "Fund" means the Rhode Island temporary disabilityinsurance fund established by this chapter;
(17) "Partial unemployment due to sickness" For weeksbeginning on or after January 1, 2006 an individual shall be deemed partiallyunemployed due to sickness in any week of less than full-time work if he or shefails to earn in wages for services for that week an amount equal to the weeklybenefit rate for total unemployment due to sickness to which he or she would beentitled if totally unemployed due to sickness and eligible.
(i) For the purposes of this subdivision and subdivision (22)of this section, "Wages" includes only that part of remuneration for any work,which is in excess of one-fifth (1/5) of the weekly benefit rate for totalunemployment, rounded to the next lower multiple of one dollar ($1.00), towhich the individual would be entitled if totally unemployed and eligible inany one week, and "services" includes only that part of any work for whichremuneration in excess of one-fifth (1/5) of the weekly benefit rate for totalunemployment, rounded to the next lower multiple of one dollar ($1.00), towhich the individual would be entitled if totally unemployed and eligible inany one week is payable; provided, that nothing contained in this paragraphshall permit any individual to whom remuneration is payable for any workperformed in any week in an amount equal to, or greater than, his or her weeklybenefit rate to receive benefits under this subdivision for that week.
(18) "Reserve fund" means the temporary disability insurancereserve fund established by § 28-39-7;
(19) "Services" means all endeavors undertaken by anindividual that are paid for by another or with respect to which the individualperforming the services expects to receive wages or profits;
(20) "Sickness". An individual shall be deemed to be sick inany week in which, because of his or her physical or mental condition,including pregnancy, he or she is unemployed and unable to perform his or herregular or customary work or services;
(21) "Taxes" means the money payments required by chapters 39– 41 of this title, to be made to the temporary disability insurance fundor to the temporary disability insurance reserve fund.
(ii) Wherever and whenever in chapters 39 – 41 of thistitle, the words "contribution" and/or "contributions" appear, those wordsshall be construed to mean the "taxes," as defined in this subdivision, whichare the money payments required by those chapters to be made to the temporarydisability insurance fund or to the temporary disability insurance reserve fund;
(22) "Wages" has the same definition as contained in chapter42 of this title; provided, that no individual shall be denied benefits underchapters 39 – 41 of this title because his or her employer continues topay to that individual his or her regular wages, or parts of them, while he orshe is unemployed due to sickness and unable to perform his or her regular orcustomary work or services. The amount of any payments, whether or not under aplan or system, made to or on behalf of an employee by his or her employerafter the expiration of six (6) calendar months following the last calendarmonth in which the employee performed actual bona fide personal services forhis or her employer, shall not be deemed to be wages either for the purpose ofpaying contributions thereon under chapter 40 of this title, or for the purposeof being used as a basis for paying benefits under chapter 41 of this title; and
(23) "Week" has the same definition as contained in chapter42 of this title.