First Special Session 110th General Assembly (1997)


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SENATE ENROLLED ACT No. 11(ss)


     AN ACT to amend the Indiana Code concerning labor.

Be it enacted by the General Assembly of the State of Indiana:


    SECTION 1. IC 22-4-4-3, AS AMENDED BY P.L.21-1995, SECTION 66, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 3. (a) For calendar quarters beginning on and after April 1, 1979, and before April 1, 1984, "wage credits" means remuneration paid for employment by an employer to an individual. Wage credits may not exceed three thousand six hundred sixty-six dollars ($3,666) and may not include payments specified in section 2(b) of this chapter.
    (b) For calendar quarters beginning on and after April 1, 1984, and before April 1, 1985, "wage credits" means remuneration paid for employment by an employer to an individual. Wage credits may not exceed three thousand nine hundred twenty-six dollars ($3,926) and may not include payments specified in section 2(b) of this chapter.
    (c) For calendar quarters beginning on and after April 1, 1985, and before January 1, 1991, "wage credits" means remuneration paid for employment by an employer to an individual. Wage credits may not exceed four thousand one hundred eighty-six dollars ($4,186) and may not include payments specified in section 2(b) of this chapter.
    (d) For calendar quarters beginning on and after January 1, 1991, and before July 1, 1995, "wage credits" means remuneration paid for employment by an employer to an individual. Wage credits may not exceed four thousand eight hundred ten dollars ($4,810) and may not include payments specified in section 2(b) of this chapter.
    (e) For calendar quarters beginning on and after July 1, 1995, and before July 1, 1997, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3301 and 3102 et seq. of the Internal Revenue Code. Wage credits may not exceed five thousand dollars ($5,000) and may not include payments specified in section 2(b) of this chapter.
    (f) For calendar quarters beginning on and after July 1, 1997, and before July 1, 1998, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3301 and 3102 et seq. of the Internal Revenue Code. Wage credits may not exceed five thousand two four hundred dollars ($5, 200) ($5,400) and may not include payments specified in section 2(b) of this chapter.
     (g) For calendar quarters beginning on and after July 1, 1998, and before July 1, 1999, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3301 and 3102 et seq. of the Internal Revenue Code. Wage credits may not exceed five thousand six hundred dollars ($5,600) and may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.
     (h) For calendar quarters beginning on and after July 1, 1999, "wage credits" means remuneration paid for employment by an employer to an individual and remuneration received as tips or gratuities in accordance with Sections 3301 and 3102 et seq. of the Internal Revenue Code. Wage credits may not exceed five thousand eight hundred dollars ($5,800) and may not include payments that are excluded from the definition of wages under section 2(b) of this chapter.
SOURCE: IC 22-4-11-3; (97)EH1513.1.2. -->     SECTION 2. IC 22-4-11-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 3. (a) Except as provided in section 3.1 of this chapter, the applicable schedule of rates for the calendar year 1983 and thereafter shall be determined by the ratio resulting when the balance in the fund as of the determination date is divided by the total payroll of all subject employers for the immediately preceding calendar year. Schedule A, B, C, or D, appearing on the line opposite the fund ratio in the schedule below, shall be applicable in determining and assigning each employer's contribution rate for the calendar year immediately following the determination date. For the purposes of this subsection, "total payroll" means total remuneration reported by all contributing employers as required by this article and does not include the total payroll of any employer who elected to become liable for payments in lieu of contributions (as defined in IC 22-4-2-32). For the purposes of this subsection, "subject employers" means those employers who are subject to contribution.

FUND RATIO SCHEDULE

When the Fund Ratio Is:
            Applicable
    As Much As     But Less Than     Schedule
         1 .0%    A
    1 .0%    1 .5%    B
    1 .5%    2 .25%    C
    2 .25%        D
    (b) If the conditions and requirements of section 2 of this chapter are met, the rate of contributions shall be determined and assigned, with respect to each calendar year, to employers whose accounts have a credit balance and who are eligible therefor according to each employer's credit reserve ratio. Each employer shall be assigned the contribution rate appearing in the applicable schedule A, B, C, or D on the line opposite his credit reserve ratio as set forth in the rate schedule below:
RATE SCHEDULE FOR ACCOUNTS

WITH CREDIT BALANCES

When the Credit Reserve Ratio Is:
        As    But         Rate Schedules
        Much    Less             (%)
        As    Than     A     B     C     D
    3 .0         1 .2    0 .2    0 .2    0 .2
    2 .8    3 .0    1 .4    0 .4    0 .2    0 .2
    2 .6    2 .8    1 .6    0 .6    0 .2    0 .2
    2 .4    2 .6    1 .8    0 .8    0 .4    0 .2
    2 .2    2 .4    2 .0    1 .0    0 .6    0 .2
    2 .0    2 .2    2 .2    1 .2    0 .8    0 .4     1 .8    2 .0    2 .4    1 .4    1 .0    0 .6
    1 .6    1 .8    2 .6    1 .6    1 .2    0 .8
    1 .4    1 .6    2 .8    1 .8    1 .4    1 .0
    1 .2    1 .4    3 .0    2 .0    1 .6    1 .2
    1 .0    1 .2    3 .2    2 .2    1 .8    1 .4
    0 .8    1 .0    3 .4    2 .4    2 .0    1 .6
    0 .6    0 .8    3 .6    2 .6    2 .2    1 .8
    0 .4    0 .6    3 .8    2 .8    2 .4    2 .0
    0 .2    0 .4    4 .0    3 .0    2 .6    2 .2
    0     0 .2    4 .2    3 .2    2 .8    2 .4
    (c) Each employer whose account as of any computation date occurring on and after June 30, 1984, shows a debit balance shall be assigned the rate of contributions appearing on the line opposite his debit ratio as set forth in the following rate schedule for accounts with debit balances:
RATE SCHEDULE FOR ACCOUNTS

WITH DEBIT BALANCES

When the Debit Reserve Ratio Is:
        As    But         Rate Schedules
        Much    Less             (%)
        As    Than     A     B     C     D
            1.5     4.5     4.4     4.3     4.2
        1.5    3.0     4.8     4.7     4.6     4.5
        3.0    4.5     5.1     5.0     4.9     4.8
        4.5    6.0     5.4     5.3     5.2     5.1
        6.0         5.7     5.6     5.5     5.4
    (d) Any adjustment in the amount charged to any employer's experience account made subsequent to the assignment of rates of contributions for any calendar year shall not operate to alter the amount charged to the experience accounts of any other base-period employers.
SOURCE: IC 22-4-11-3.1; (97)EH1513.1.3. -->     SECTION 3. IC 22-4-11-3.1 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 3.1. (a) For calendar year 1998, all employers shall have a contribution rate as set forth in rate schedule D in section 3 of this chapter.
    (b) This section expires on January 1, 1999.
SOURCE: IC 22-4-12-2; (97)EH1513.1.4. -->     SECTION 4. IC 22-4-12-2, AS AMENDED BY P.L.166-1996, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1997]: Sec. 2. (a) With respect to initial claims filed for any week beginning on and after July 6, 1980, and before July 7, 1985, each eligible individual who is totally unemployed (as defined in IC 22-4-3-1) in any week in his benefit period shall be paid for the week, if properly claimed, benefits at the rate of four and three-tenths percent (4.3%) of the individual's wage credits in the calendar quarter during the individual's base period in which the wage credits were highest. However, the weekly benefit amount may not exceed:
        (1) eighty-four dollars ($84) if the eligible and qualified individual has no dependents;
        (2) ninety-nine dollars ($99) if the eligible and qualified individual has one (1) dependent;
        (3) one hundred thirteen dollars ($113) if the eligible and qualified individual has two (2) dependents;
        (4) one hundred twenty-eight dollars ($128) if the eligible and qualified individual has three (3) dependents; or
        (5) one hundred forty-one dollars ($141) if the eligible and qualified individual has four (4) or more dependents.
    With respect to initial claims filed for any week beginning on and after July 7, 1985, and before July 6, 1986, 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 four and three-tenths percent (4.3%) of the individual's wage credits in the calendar quarter during the individual's base period in which the wage credits were highest. However, the weekly benefit amount may not exceed:
        (1) ninety dollars ($90) if the eligible and qualified individual has no dependents;
        (2) one hundred six dollars ($106) if the eligible and qualified individual has one (1) dependent;
        (3) one hundred twenty-one dollars ($121) if the eligible and qualified individual has two (2) dependents;
        (4) one hundred thirty-seven dollars ($137) if the eligible and qualified individual has three (3) dependents; or
        (5) one hundred fifty-one dollars ($151) if the eligible and qualified individual has four (4) or more dependents.
    With respect to initial claims filed for any week beginning on and after July 6, 1986, and before July 7, 1991, 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 four and three-tenths percent (4.3%) of the individual's wage credits in the calendar quarter during the individual's base period in which the wage credits were highest. However, the weekly benefit amount may not exceed:         (1) ninety-six dollars ($96) if the eligible and qualified individual has no dependents;
        (2) one hundred thirteen dollars ($113) if the eligible and qualified individual has one (1) dependent;
        (3) one hundred twenty-nine dollars ($129) if the eligible and qualified individual has two (2) dependents;
        (4) one hundred forty-seven dollars ($147) if the eligible and qualified individual has three (3) dependents; or
        (5) one hundred sixty-one dollars ($161) if the eligible and qualified individual has four (4) or more dependents.
    With respect to initial claims filed for any week beginning on and after July 7, 1991, benefits shall be paid in accordance with subsections (d) through (j). (l).
    For the purpose of this subsection and subsections (e) through (g), the term "dependent" means lawful husband or wife, natural child, adopted child, stepchild, if such stepchild is not receiving aid to dependent children under the welfare program, or child placed in the claimant's home for adoption by an authorized placement agency or a court of law, provided such child is under eighteen (18) years of age and that such dependent claimed has received more than one-half (1/2) the cost of support from the claimant during ninety (90) days (or for duration of relationship, if less) immediately preceding the claimant's benefit year beginning date, but only if such dependent who is the lawful husband or wife is unemployed and currently ineligible for Indiana benefits because of insufficient base period wages. The number and status of dependents shall be determined as of the beginning of the claimant's benefit period and shall not be changed during that benefit period.
    With respect to initial claims filed for any week beginning on and after July 6, 1980, the term "dependent" shall include a person with a disability over eighteen (18) years of age who is a child of the claimant and who receives more than one-half (1/2) the cost of his support from the claimant during the ninety (90) day period immediately preceding the claimant's benefit year beginning date. "Child" includes a natural child, an adopted child, a stepchild of claimant, if the stepchild is not receiving aid to dependent children under the welfare program, or a child placed in the claimant's home for adoption by an authorized placement agency or a court of law. The term "disabled" means an individual who by reason of physical or mental defect or infirmity, whether congenital or acquired by accident, injury, or disease, is totally or partially prevented from achieving the fullest attainable physical, social, economic, mental, and vocational participation in the normal process of living.     For the purpose of this subsection, the term "dependent" includes a child for whom claimant is the court appointed legal guardian.
    On and after July 6, 1980, and before July 7, 1991, if the weekly benefit amount is less than forty dollars ($40), the board, through the commissioner, shall pay benefits at the rate of forty dollars ($40) per week. On and after July 7, 1991, if the weekly benefit amount is less than fifty dollars ($50), the board, through the commissioner, shall pay benefits at the rate of fifty dollars ($50) per week. If such weekly benefit amount is not a multiple of one dollar ($1), it shall be computed to the next lower multiple of one dollar ($1).
    (b) Each eligible individual who is partially or part-totally unemployed in any week shall be paid with respect to such week a benefit in an amount equal to his weekly benefit amount, less his deductible income, if any, for such week. If such partial benefit is not a multiple of one dollar ($1), it shall be computed to the next lower multiple of one dollar ($1). The board may prescribe rules governing the payment of such partial benefits, and may provide with respect to individuals whose earnings cannot reasonably be computed on a weekly basis that such benefits may be computed and paid on other than a weekly basis; however, such rules shall secure results reasonably equivalent to those provided in the analogous provisions of this section.
    (c) The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual's eligibility period shall be an amount equal to the weekly benefit amount payable to the individual during the individual's applicable benefit period, prior to any reduction of such weekly benefit amount.
    (d) With respect to initial claims filed for any week beginning on and after July 7, 1991, and before July 1, 1995, 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 one thousand dollars ($1,000) 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.
However, the weekly benefit amount may not exceed the amount specified in subsections (e) through (i).     (e) With respect to initial claims filed for any week beginning on and after July 7, 1991, and before July 5, 1992, the weekly benefit amount may not exceed:
        (1) one hundred sixteen dollars ($116) if the eligible and qualified individual has no dependents;
        (2) one hundred thirty-four dollars ($134) if the eligible and qualified individual has one (1) dependent;
        (3) one hundred fifty-three dollars ($153) if the eligible and qualified individual has two (2) dependents; or
        (4) one hundred seventy-one dollars ($171) if the eligible and qualified individual has three (3) or more dependents.
    (f) With respect to initial claims filed for any week beginning on and after July 5, 1992, and before July 4, 1993, the weekly benefit amount may not exceed:
        (1) one hundred forty dollars ($140) if the eligible and qualified individual has no dependents;
        (2) one hundred sixty dollars ($160) if the eligible and qualified individual has one (1) dependent; or
        (3) one hundred eighty-one dollars ($181) if the eligible and qualified individual has two (2) or more dependents.
    (g) With respect to initial claims filed for any week beginning on and after July 4, 1993, and before July 3, 1994, the weekly benefit amount may not exceed:
        (1) one hundred seventy dollars ($170) if the eligible and qualified individual has no dependents; or
        (2) one hundred ninety-two dollars ($192) if the eligible and qualified individual has one (1) or more dependents.
    (h) With respect to initial claims filed for any week beginning on or after July 3, 1994, and before July 1, 1995, the weekly benefit amount may not exceed two hundred two dollars ($202).
    (i) With respect to initial claims filed for any week on or after July 1, 1995, the weekly benefit amount will equal the amount that results from applying the percentages provided in subsection subsections (j) through (l) to the applicable maximum wage credits under IC 22-4-4-3.
    (j) With respect to initial claims filed for any week beginning on and after July 1, 1995, and before July 1, 1997, 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 one thousand seven hundred fifty dollars ($1,750) 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.
However, the weekly benefit amount may not exceed the amount specified in subsection (i).
     (k) With respect to initial claims filed for any week beginning on and after July 1, 1997, 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.
SOURCE: -->     SECTION 5. An emergency is declared for this act.


SEA 11(ss)

Figure

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