Ind. Code ch. 22-4-12

Ind. Code ch. 22-4-12
in effect

Ind. Code § 22-4-12-0.1 Application of certain amendments to chapter

Sec. 0.1. The amendments made to section 4 of this chapter by P.L.172-1991 apply to individuals who file a disaster unemployment assistance claim or a state unemployment insurance claim after June 1, 1990, and before June 2, 1991, or during a period to be determined by the general assembly. As added by P.L.220-2011, SEC.365. Amended by P.L.113-2026, SEC.11.

Ind. Code § 22-4-12-1 Eligibility; payment; death

Sec. 1. (a) Benefits designated as unemployment insurance benefits shall become payable from the fund to any claimant who is or becomes unemployed and eligible for benefits under the terms of this article. (b) All benefits shall be paid through the department or such other agencies as the department by rule may designate at such times and in such manner as the department may prescribe. (c) Except as provided in subsection (d), the department may make direct deposit disbursements with respect to the payment of benefits to a financial institution account designated by an individual only if the financial institution: (1) has a physical branch location in Indiana; or (2) is designated as an approved depository by the treasurer of state. (d) The department may approve a financial institution that does not qualify under subsection (c)(1) or (c)(2) if the financial institution is in compliance with IC 22-4-17-7, IC 22-4-17-8, and IC 22-4-19. (e) The department may adopt rules to provide for the payment of benefits due and payable on executed vouchers to persons since deceased; benefits so due and payable may be paid to the legal representative, dependents, or next of kin of the deceased as are found to be entitled thereto, which rules need not conform with the laws of the state governing decedent estates, and every such payment shall be deemed a valid payment to the same extent as if made to the legal representative of the deceased. (f) If there is an executor or administrator of the estate of the decedent, payments must be made to the executor or administrator. If it is shown to the satisfaction of the department that there is no executor, and no administrator has been appointed, and in all probability no administrator will be appointed, payment may be made to the next of kin, with due regard being given to the following order of preference: (1) The surviving spouse. (2) Children. (3) Parents. (4) Brothers and sisters. (5) Other relatives. However, the department is not bound to follow this order of preference. (g) Whenever there is more than one (1) legal heir in any of the classes established in subsection (f), payment may be made to any one (1) of that group as agent for the others upon submission of proper evidence of authority and identification. (h) Application for payment of benefits must be made in writing and on the prescribed form within six (6) months after the death of the deceased, provided that the department, upon good cause, may extend the time for filing. (i) In cases where the claimant's benefit eligibility, or disqualification, is disputed, the department shall promptly notify the claimant and the employer, or employers, directly involved with the issue or issues raised, and the determination will set forth the right to appeal of the party receiving the adverse determination. In the event of the death of the claimant between the: (1) filing of a valid claim for benefits; and (2) issuance of an eligibility determination by the department; all notices filed or issued under this section shall be served upon the authorized representative of the deceased claimant, as determined under subsection (f). (j) In the event a hearing is scheduled in an appeal involving a deceased claimant, the claimant's authorized representative of the estate shall be allowed to participate in the hearing in place of the claimant, and the appeal shall proceed as set forth under this section. Formerly: Acts 1947, c.208, s.1201. As amended by P.L.144-1986, SEC.101; P.L.108-2006, SEC.22; P.L.113-2026, SEC.12; P.L.121-2026, SEC.31.

Ind. Code § 22-4-12-2 Rates; prior weekly wage computation; minimum amount

Sec. 2. (a) Each eligible claimant who is totally unemployed (as defined in IC 22-4-3-1) in any week in the claimant's benefit period shall be paid for the week, if properly claimed, an amount equal to forty-seven percent (47%) of the claimant's prior average weekly wage, rounded (if not already a multiple of one dollar ($1)) to the next lower dollar. However, the maximum weekly benefit amount may not exceed three hundred ninety dollars ($390). (b) For purposes of this section, "prior average weekly wage" means the result of: (1) the claimant's total wage credits during the claimant's base period; divided by (2) fifty-two (52). (c) In cases where a claimant is paid the statutory minimum weekly benefit amount established under this section, although the claimant's actual weekly benefit amount computes to less than the statutory minimum, the additional benefits paid shall not increase the claimant's maximum benefit amount. (d) If the claimant is partially unemployed, the amount of benefits computed and paid to the claimant will be the difference between the statutory minimum and the claimant's deductible income for a particular week. (e) In cases where a claimant's actual computed weekly benefit amount is less than the statutory minimum, and a penalty suspension has been imposed under IC 22-4-15-1 or IC 22-4-15-2, the statutory weekly benefit amount, relating to the lifting of the suspension, refers to the claimant's actual computed weekly benefit amount, not to the statutory minimum. Formerly: Acts 1947, c.208, s.1202; Acts 1951, c.307, s.2; Acts 1955, c.274, s.1; Acts 1957, c.294, s.2; Acts 1959, c.97, s.2; Acts 1965, c.190, s.7; Acts 1967, c.310, s.16; Acts 1971, P.L.355, SEC.26; Acts 1973, P.L.240, SEC.1; Acts 1974, P.L.110, SEC.1. As amended by Acts 1976, P.L.114, SEC.3; Acts 1977, P.L.262, SEC.21; Acts 1980, P.L.158, SEC.2; P.L.129-1984, SEC.1; P.L.34-1985, SEC.5; P.L.18-1987, SEC.39; P.L.171-1991, SEC.3; P.L.1-1992, SEC.109; P.L.23-1993, SEC.129; P.L.202-1993, SEC.5; P.L.1-1994, SEC.113; P.L.21-1995, SEC.75; P.L.166-1996, SEC.1; P.L.259-1997(ss), SEC.4; P.L.235-1999, SEC.10; P.L.2-2011, SEC.11; P.L.113-2026, SEC.13; P.L.121-2026, SEC.32.

Ind. Code § 22-4-12-3 Amount; inability to work; unavailable for work

Sec. 3. The weekly benefit amount of any otherwise eligible individual shall be reduced by one-third (1/3) thereof, computed to the next lower multiple of one dollar ($1.00), for each normal work day during which such individual is unable to work or is unavailable for work. Formerly: Acts 1947, c.208, s.1203. As amended by P.L.227-1983, SEC.6.

Ind. Code § 22-4-12-4 Computation; maximum amount

Sec. 4. (a) Benefits shall be computed upon the basis of wage credits of an individual in the individual's base period. Wage credits shall be reported by the employer and credited to the individual in the manner prescribed by the department. With respect to initial claims filed for any week beginning on and after July 7, 1991, the maximum total amount of benefits payable to any eligible individual during any benefit period shall not exceed twenty-six (26) times the individual's weekly benefit, or twenty-eight percent (28%) of the individual's wage credits with respect to the individual's base period, whichever is less. If such maximum total amount of benefits is not a multiple of one dollar ($1), it shall be computed to the next lower multiple of one dollar ($1). (b) Except as provided in subsection (d), the total extended benefit amount payable to any eligible individual with respect to the individual's applicable benefit period shall be fifty percent (50%) of the total amount of regular benefits which were payable to the individual under this article in the applicable benefit year, or thirteen (13) times the weekly benefit amount which was payable to the individual under this article for a week of total unemployment in the applicable benefit year, whichever is the lesser amount. (c) This subsection applies to individuals who file a disaster unemployment assistance claim. An individual may be eligible for thirteen (13) weeks of additional benefits if: (1) the individual has established: (A) a disaster unemployment assistance claim under the Stafford Disaster Relief and Emergency Assistance Act; or (B) a state unemployment insurance claim as a direct result of a major disaster; (2) all regular benefits and all disaster unemployment assistance benefits: (A) have been exhausted by the individual; or (B) are no longer payable to the individual due to the expiration of the disaster assistance period; and (3) the individual remains unemployed as a direct result of the disaster. (d) For purposes of this subsection, "high unemployment period" means a period during which an extended benefit period would be in effect if IC 22-4-14-6.9(d)(1) were applied by substituting "eight percent (8%)" for "six and five-tenths percent (6.5%)". Effective with respect to weeks beginning in a high unemployment period, the total extended benefit amount payable to an eligible individual with respect to the applicable benefit year is equal to the least of the following amounts: (1) Eighty percent (80%) of the total amount of regular benefits that were payable to the eligible individual under this article in the applicable benefit year. (2) Twenty (20) times the weekly benefit amount that was payable to the eligible individual under this article for a week of total unemployment in the applicable benefit year. (3) Forty-six (46) times the weekly benefit amount that was payable to the eligible individual under this article for a week of total unemployment in the applicable benefit year, reduced by the regular unemployment compensation benefits paid (or deemed paid) during the benefit year. This subsection expires on the later of December 5, 2009, or the week ending four (4) weeks before the last week for which federal sharing is authorized by Section 2005(a) of Division B, Title II (the federal Assistance to Unemployed Workers and Struggling Families Act) of the federal American Recovery and Reinvestment Act of 2009 (P.L. 111-5). (e) For purposes of this subsection, "high unemployment period" means a period during which an extended benefit period would be in effect if IC 22-4-14-6.9(h)(1) were applied by substituting "eight percent (8%)" for "six and one-half percent (6.5%)". Effective with respect to weeks of unemployment beginning after March 1, 2011, and ending on the later of December 10, 2011, or the week ending four (4) weeks before the last week for which federal sharing is authorized by Section 2005(a) of Division B, Title II (the federal Assistance to Unemployed and Struggling Families Act) of the federal American Recovery and Reinvestment Act of 2009 (P.L. 111-5), in a high unemployment period, the total extended benefit amount payable to an eligible individual with respect to the applicable benefit year is equal to the lesser of the following amounts: (1) Eighty percent (80%) of the total amount of regular benefits that were payable to the eligible individual under this article in the applicable benefit year. (2) Twenty (20) times the weekly benefit amount that was payable to the eligible individual under this article for a week of total unemployment in the applicable benefit year. Formerly: Acts 1947, c.208, s.1204; Acts 1959, c.97, s.3; Acts 1967, c.310, s.17; Acts 1971, P.L.355, SEC.27. As amended by P.L.171-1991, SEC.4; P.L.172-1991, SEC.2; P.L.1-1992, SEC.110; P.L.175-2009, SEC.17; P.L.12-2011, SEC.3; P.L.171-2016, SEC.8; P.L.200-2025, SEC.7; P.L.113-2026, SEC.14.

Ind. Code § 22-4-12-5 Part-time worker

Sec. 5. (a) As used in this section, the term "part-time worker" means an individual: (1) whose normal work is in an occupation in which the individual's services are not required for the customary scheduled full-time hours prevailing in the establishment in which the individual is employed; or (2) who: (A) by agreement, policy, or practice; or (B) owing to personal circumstances; does not customarily work the customary scheduled full-time hours prevailing in the establishment in which the individual is employed. (b) The department may prescribe rules applicable to part-time workers for determining their weekly benefit amount and the wage credits required to qualify such individuals for benefits. Such rules shall, with respect to such individuals, supersede any inconsistent provisions of this article, but, so far as practicable, shall secure results reasonably equivalent to those provided in the analogous provisions of this article. Formerly: Acts 1947, c.208, s.1205. As amended by P.L.144-1986, SEC.102; P.L.171-2016, SEC.9; P.L.121-2026, SEC.33.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/22Fetched: 10/17/2026