§ 28-44-6 - Weekly benefits for total unemployment – Year established – Dependents' allowance.
SECTION 28-44-6
§ 28-44-6 Weekly benefits for totalunemployment – Year established – Dependents' allowance. – (a) The benefit rate payable under this chapter to any eligible individual withrespect to any week of his or her total unemployment, when that week occurswithin a benefit year, shall be, for benefit years beginning on or afterOctober 1, 1989, four and sixty-two hundredths percent (4.62%) of the wagespaid to the individual in that calendar quarter of the base period in which theindividual's wages were highest;
(2) Provided, that the benefit rate shall not be more thansixty-seven percent (67%) of the average weekly wage paid to individuals inemployment covered by the Employment Security Act for the preceding calendaryear ending December 31. If the maximum weekly benefit rate is not an exactmultiple of one dollar ($1.00), then the rate shall be rounded to the nextlower multiple of one dollar ($1.00).
(3) The average weekly wage of individuals in coveredemployment shall be computed as follows: On or before May 31 of each year, thetotal annual wages paid to individuals in covered employment for the precedingcalendar year by all employers shall be divided by the monthly average numberof individuals in covered employment during that preceding calendar year, andthe quotient shall be divided by fifty-two (52). That weekly benefit ratesshall be effective throughout benefit years beginning on or after July 1 ofthat year and prior to July 1, of the succeeding calendar year.
(4) The benefit rate of any individual, if not an exactmultiple of one dollar ($1.00), shall be rounded to the next lower multiple ofone dollar ($1.00).
(b) An individual to whom benefits for total or partialunemployment are payable under this chapter with respect to any week shall, inaddition to those benefits, be paid with respect to each week a dependents'allowance of ten dollars ($10.00) or five percent (5%) of the individual'sbenefit rate whichever is greater for each of that individual's children,including adopted and stepchildren, or that individual's court appointed wardswho, 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 such childby the appropriate court.
(2) The dependent's allowance shall also be paid to theindividual 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 orphysical incapacity, and who is dependent on that individual in fact at thebeginning of the individual's benefit year.
(3) In no instance shall the number of dependents for whichan individual may receive dependents' allowances exceed five (5) in total.
(4) The weekly total of dependents' allowances payable to anyindividual, if not an exact multiple of one dollar ($1.00), shall be rounded tothe next lower multiple of one dollar ($1.00).
(5) The number of an individual's dependents, and the fact oftheir dependency, shall be determined as of the beginning of that individual'sbenefit year. Only one individual shall be entitled to a dependent's allowancefor the same dependent with respect to any week. As to two (2) or more partiesmaking claim for an allowance for the same dependent for the same week, thebenefit shall be provided to the party who has actual custody of the dependentor in the case of joint custody, to the party who has physical possession ofthe dependent.
(6) Each individual who claims a dependent's allowance shallestablish his or her claim to it to the satisfaction of the director underprocedures established by the director.
(7) This subsection shall be effective for all benefit yearsbeginning on or after July 1, 1985.