Indiana § 22-4-12-2 - Rates; prior weekly wage computation; minimum amount

§ 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.