Indiana 2023 Regular Session

Indiana Senate Bill SB0347 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB0347.1~~
2		-	~~February 10, 2023~~
	1	+
	2	+	Introduced Version
3	3		SENATE BILL No. 347
4	4		_____
5		-	DIGEST OF ~~SB 347 (Updated February 8, 2023 10:27 am - DI 144)~~
	5	+	DIGEST OF INTRODUCED BILL
6	6		Citations Affected: IC 22-4.
7	7		Synopsis: Work sharing unemployment benefits program. Establishes
8	8		a work sharing unemployment insurance program (program). Requires
9	9		an employer that desires to participate in the program to submit a work
10	10		sharing plan for approval by the commissioner of the department of
11	11		workforce development. Establishes the work sharing benefit as equal
12	12		to an affected employee's unemployment benefit reduced by a
13	13		percentage equal to the percentage of the employee's normal weekly
14	14		work hours that the employee works under the approved work sharing
15	15		plan. Makes a technical correction.
16	16		Effective: July 1, 2023.
17		-	Bassler, Niezgodski, Buchanan,
18		-	Walker K, Yoder, Perfect, Dernulc,
19		-	Randolph Lonnie M
	17	+	Bassler
20	18		January 12, 2023, read first time and referred to Committee on Pensions and Labor.
21		-	February 9, 2023, amended, reported favorably — Do Pass; reassigned to Committee on
22		-	Appropriations.
23		-	SB 347—LS 6392/DI 141 February 10, 2023
	19	+	2023 IN 347—LS 6392/DI 141 Introduced
24	20		First Regular Session of the 123rd General Assembly (2023)
25	21		PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
26	22		Constitution) is being amended, the text of the existing provision will appear in this style type,
27	23		additions will appear in this style type, and deletions will appear in this style type.
28	24		Additions: Whenever a new statutory provision is being enacted (or a new constitutional
29	25		provision adopted), the text of the new provision will appear in this style type. Also, the
30	26		word NEW will appear in that style type in the introductory clause of each SECTION that adds
31	27		a new provision to the Indiana Code or the Indiana Constitution.
32	28		Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
33	29		between statutes enacted by the 2022 Regular Session of the General Assembly.
34	30		SENATE BILL No. 347
35	31		A BILL FOR AN ACT to amend the Indiana Code concerning labor
36	32		and safety.
37	33		Be it enacted by the General Assembly of the State of Indiana:
38	34		1 SECTION 1. IC 22-4-15-1, AS AMENDED BY P.L.1-2022,
39	35		2 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
40	36		3 JULY 1, 2023]: Sec. 1. (a) Regarding an individual's most recent
41	37		4 separation from employment before filing an initial or additional claim
42	38		5 for benefits, an individual who voluntarily left the employment without
43	39		6 good cause in connection with the work or was discharged from the
44	40		7 employment for just cause is ineligible for waiting period or benefit
45	41		8 rights for the week in which the disqualifying separation occurred and
46	42		9 until:
47	43		10 (1) the individual has earned remuneration in employment in at
48	44		11 least eight (8) weeks; and
49	45		12 (2) the remuneration earned equals or exceeds the product of the
50	46		13 weekly benefit amount multiplied by eight (8).
51	47		14 If the qualification amount has not been earned at the expiration of an
52	48		15 individual's benefit period, the unearned amount shall be carried
53	49		16 forward to an extended benefit period or to the benefit period of a
54	50		17 subsequent claim.
55		-	SB 347—LS 6392/DI 141 2
	51	+	2023 IN 347—LS 6392/DI 141 2
56	52		1 (b) When it has been determined that an individual has been
57	53		2 separated from employment under disqualifying conditions as outlined
58	54		3 in this section, the maximum benefit amount of the individual's current
59	55		4 claim, as initially determined, shall be reduced by an amount
60	56		5 determined as follows:
61	57		6 (1) For the first separation from employment under disqualifying
62	58		7 conditions, the maximum benefit amount of the individual's
63	59		8 current claim is equal to the result of:
64	60		9 (A) the maximum benefit amount of the individual's current
65	61		10 claim, as initially determined; multiplied by
66	62		11 (B) seventy-five percent (75%);
67	63		12 rounded (if not already a multiple of one dollar ($1)) to the next
68	64		13 higher dollar.
69	65		14 (2) For the second separation from employment under
70	66		15 disqualifying conditions, the maximum benefit amount of the
71	67		16 individual's current claim is equal to the result of:
72	68		17 (A) the maximum benefit amount of the individual's current
73	69		18 claim determined under subdivision (1); multiplied by
74	70		19 (B) eighty-five percent (85%);
75	71		20 rounded (if not already a multiple of one dollar ($1)) to the next
76	72		21 higher dollar.
77	73		22 (3) For the third and any subsequent separation from employment
78	74		23 under disqualifying conditions, the maximum benefit amount of
79	75		24 the individual's current claim is equal to the result of:
80	76		25 (A) the maximum benefit amount of the individual's current
81	77		26 claim determined under subdivision (2); multiplied by
82	78		27 (B) ninety percent (90%);
83	79		28 rounded (if not already a multiple of one dollar ($1)) to the next
84	80		29 higher dollar.
85	81		30 (c) The disqualifications provided in this section shall be subject to
86	82		31 the following modifications:
87	83		32 (1) An individual shall not be subject to disqualification because
88	84		33 of separation from the individual's employment if:
89	85		34 (A) the individual left to accept with another employer
90	86		35 previously secured permanent full-time work which offered
91	87		36 reasonable expectation of continued covered employment and
92	88		37 betterment of wages or working conditions and thereafter was
93	89		38 employed on said job;
94	90		39 (B) having been simultaneously employed by two (2)
95	91		40 employers, the individual leaves one (1) such employer
96	92		41 voluntarily without good cause in connection with the work
97	93		42 but remains in employment with the second employer with a
98		-	SB 347—LS 6392/DI 141 3
	94	+	2023 IN 347—LS 6392/DI 141 3
99	95		1 reasonable expectation of continued employment; or
100	96		2 (C) the individual left to accept recall made by a base period
101	97		3 employer.
102	98		4 (2) An individual whose unemployment is the result of medically
103	99		5 substantiated physical disability and who is involuntarily
104	100		6 unemployed after having made reasonable efforts to maintain the
105	101		7 employment relationship shall not be subject to disqualification
106	102		8 under this section for such separation.
107	103		9 (3) An individual who left work to enter the armed forces of the
108	104		10 United States shall not be subject to disqualification under this
109	105		11 section for such leaving of work.
110	106		12 (4) An individual whose employment is terminated under the
111	107		13 compulsory retirement provision of a collective bargaining
112	108		14 agreement to which the employer is a party, or under any other
113	109		15 plan, system, or program, public or private, providing for
114	110		16 compulsory retirement and who is otherwise eligible shall not be
115	111		17 deemed to have left the individual's work voluntarily without
116	112		18 good cause in connection with the work. However, if such
117	113		19 individual subsequently becomes reemployed and thereafter
118	114		20 voluntarily leaves work without good cause in connection with the
119	115		21 work, the individual shall be deemed ineligible as outlined in this
120	116		22 section.
121	117		23 (5) An otherwise eligible individual shall not be denied benefits
122	118		24 for any week because the individual is in training approved under
123	119		25 Section 236(a)(1) of the Trade Act of 1974, nor shall the
124	120		26 individual be denied benefits by reason of leaving work to enter
125	121		27 such training, provided the work left is not suitable employment,
126	122		28 or because of the application to any week in training of provisions
127	123		29 in this law (or any applicable federal unemployment
128	124		30 compensation law), relating to availability for work, active search
129	125		31 for work, or refusal to accept work. For purposes of this
130	126		32 subdivision, the term "suitable employment" means with respect
131	127		33 to an individual, work of a substantially equal or higher skill level
132	128		34 than the individual's past adversely affected employment (as
133	129		35 defined for purposes of the Trade Act of 1974), and wages for
134	130		36 such work at not less than eighty percent (80%) of the individual's
135	131		37 average weekly wage as determined for the purposes of the Trade
136	132		38 Act of 1974.
137	133		39 (6) An individual is not subject to disqualification because of
138	134		40 separation from the individual's employment if:
139	135		41 (A) the employment was outside the individual's labor market;
140	136		42 (B) the individual left to accept previously secured full-time
141		-	SB 347—LS 6392/DI 141 4
	137	+	2023 IN 347—LS 6392/DI 141 4
142	138		1 work with an employer in the individual's labor market; and
143	139		2 (C) the individual actually became employed with the
144	140		3 employer in the individual's labor market.
145	141		4 (7) An individual who, but for the voluntary separation to move
146	142		5 to another labor market to join a spouse who had moved to that
147	143		6 labor market, shall not be disqualified for that voluntary
148	144		7 separation, if the individual is otherwise eligible for benefits.
149	145		8 Benefits paid to the spouse whose eligibility is established under
150	146		9 this subdivision shall not be charged against the employer from
151	147		10 whom the spouse voluntarily separated.
152	148		11 (8) An individual shall not be subject to disqualification if the
153	149		12 individual voluntarily left employment or was discharged due to
154	150		13 circumstances directly caused by domestic or family violence (as
155	151		14 defined in IC 31-9-2-42). An individual who may be entitled to
156	152		15 benefits based on this modification may apply to the office of the
157	153		16 attorney general under IC 5-26.5 to have an address designated by
158	154		17 the office of the attorney general to serve as the individual's
159	155		18 address for purposes of this article.
160	156		19 (9) An individual shall not be subject to disqualification if the
161	157		20 individual:
162	158		21 (A) has requested an exemption from an employer's
163	159		22 COVID-19 immunization requirement;
164	160		23 (B) has complied with the requirements set forth in
165	161		24 IC 22-5-4.6; and
166	162		25 (C) was discharged from employment for failing or refusing to
167	163		26 receive an immunization against COVID-19.
168	164		27 (10) An individual who is an affected employee (as defined in
169	165		28 IC 22-4-44-2(1)) and is subject to the work sharing
170	166		29 unemployment insurance program under IC 22-4-44 is not
171	167		30 subject to disqualification for participating in the work
172	168		31 sharing unemployment insurance program.
173	169		32 As used in this subsection, "labor market" means the area surrounding
174	170		33 an individual's permanent residence, outside which the individual
175	171		34 cannot reasonably commute on a daily basis. In determining whether
176	172		35 an individual can reasonably commute under this subdivision, the
177	173		36 department shall consider the nature of the individual's job.
178	174		37 (d) "Discharge for just cause" as used in this section is defined to
179	175		38 include but not be limited to:
180	176		39 (1) separation initiated by an employer for falsification of an
181	177		40 employment application to obtain employment through
182	178		41 subterfuge;
183	179		42 (2) knowing violation of a reasonable and uniformly enforced rule
184		-	SB 347—LS 6392/DI 141 5
	180	+	2023 IN 347—LS 6392/DI 141 5
185	181		1 of an employer, including a rule regarding attendance;
186	182		2 (3) if an employer does not have a rule regarding attendance, an
187	183		3 individual's unsatisfactory attendance, if good cause for absences
188	184		4 or tardiness is not established;
189	185		5 (4) damaging the employer's property through willful negligence;
190	186		6 (5) refusing to obey instructions;
191	187		7 (6) reporting to work under the influence of alcohol or drugs or
192	188		8 consuming alcohol or drugs on the employer's premises during
193	189		9 working hours;
194	190		10 (7) conduct endangering safety of self or coworkers;
195	191		11 (8) incarceration in jail following conviction of a misdemeanor or
196	192		12 felony by a court of competent jurisdiction;
197	193		13 (9) any breach of duty in connection with work which is
198	194		14 reasonably owed an employer by an employee; or
199	195		15 (10) testing positive on a drug test under IC 16-27-2.5.
200	196		16 (e) To verify that domestic or family violence has occurred, an
201	197		17 individual who applies for benefits under subsection (c)(8) shall
202	198		18 provide one (1) of the following:
203	199		19 (1) A report of a law enforcement agency (as defined in
204	200		20 IC 10-13-3-10).
205	201		21 (2) A protection order issued under IC 34-26-5.
206	202		22 (3) A foreign protection order (as defined in IC 34-6-2-48.5).
207	203		23 (4) An affidavit from a domestic violence service provider
208	204		24 verifying services provided to the individual by the domestic
209	205		25 violence service provider.
210	206		26 SECTION 2. IC 22-4-44 IS ADDED TO THE INDIANA CODE AS
211	207		27 A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
212	208		28 1, 2023]:
213	209		29 Chapter 44. Work Sharing Unemployment Insurance Program
214	210		30 Sec. 1. This chapter applies after June 30, 2023.
215	211		31 Sec. 2. The following definitions apply throughout this chapter:
216	212		32 (1) "Affected employee" means an individual who has been
217	213		33 continuously on the payroll of an affected unit for at least
218	214		34 sixteen (16) months.
219	215		35 (2) "Affected unit" means a specific plant, department, shift,
220	216		36 or other definable unit of an employing unit:
221	217		37 (A) that has at least two (2) employees; and
222	218		38 (B) to which an approved work sharing plan applies.
223	219		39 (3) "Approved work sharing plan" means a plan that satisfies
224	220		40 the purpose set forth in section 3 of this chapter and has the
225	221		41 approval of the commissioner.
226		-	42 (4) "Fringe benefits" means:
227		-	SB 347—LS 6392/DI 141 6
228		-	1 (A) health insurance for hospital, medical, dental, and
229		-	2 similar services;
230		-	3 (B) retirement benefits under benefit pension plans as
231		-	4 defined in the federal Employee Retirement Income
232		-	5 Security Act (29 U.S.C. 1001 et seq.);
233		-	6 (C) holiday and vacation pay;
234		-	7 (D) sick leave; and
235		-	8 (E) other similar benefits that are incidents of employment.
236		-	9 (5) "Intermittent employment" means periodic intervals that
237		-	10 are not continuous during which an individual works for an
238		-	11 employing unit.
239		-	12 (6) "Normal weekly work hours" means the number of hours
240		-	13 that a full-time or part-time employee in the affected unit
241		-	14 works in a week when the unit is operating on a regular basis.
242		-	15 However, the number of hours in a week:
243		-	16 (A) may not exceed forty (40) hours; and
244		-	17 (B) does not include hours of overtime work.
245		-	18 (7) "Part-time employee" means an individual who works in
246		-	19 a position in a week for an employing unit in which the
247		-	20 number of scheduled work hours are normally less than the
248		-	21 number of scheduled work hours worked by a full-time
249		-	22 employee. The term does not include a worker who works in
250		-	23 a position that is:
251		-	24 (A) seasonal employment (as determined by the
252		-	25 department under IC 22-4-7-3(b));
253		-	26 (B) temporary employment; or
254		-	27 (C) intermittent employment.
255		-	28 (8) "Payments in lieu of contributions" has the meaning set
256		-	29 forth in IC 22-4-2-32.
257		-	30 (9) "Work sharing benefit" means a benefit payable to an
258		-	31 affected employee for work performed under an approved
259		-	32 work sharing plan, but does not include benefits that are
260		-	33 otherwise payable under this article.
261		-	34 (10) "Work sharing employer" means an employing unit for
262		-	35 which a work sharing plan has been approved.
263		-	36 (11) "Work sharing plan" means a plan of an employing unit
264		-	37 under which:
265		-	38 (A) normal weekly work hours of the affected employees
266		-	39 are reduced instead of a layoff of part or all of the affected
267		-	40 employees; and
268		-	41 (B) the affected employees share the work that remains
269		-	42 after the reduction.
270		-	SB 347—LS 6392/DI 141 7
271		-	1 Sec. 3. The work sharing unemployment insurance program
272		-	2 seeks to:
273		-	3 (1) preserve the jobs of employees and the workforce of an
274		-	4 employer during lowered economic activity by a reduction in
275		-	5 work hours or work days rather than by a layoff of some
276		-	6 employees while other employees continue their normal
277		-	7 weekly work hours or work days; and
278		-	8 (2) ameliorate the adverse effect of reduction in business
279		-	9 activity by providing benefits for the part of the normal
280		-	10 weekly work hours or work days in which an employee does
281		-	11 not work.
282		-	12 Sec. 4. (a) An employing unit that meets all the following
283		-	13 requirements is eligible to participate in the work sharing
284		-	14 unemployment insurance program established by this chapter:
285		-	15 (1) The employing unit is subject to this article for wages paid
286		-	16 during a calendar year.
287		-	17 (2) The employing unit's:
288		-	18 (A) contribution rate for the calendar year; or
289		-	19 (B) payments in lieu of contributions;
290		-	20 are determined under IC 22-4-10, IC 22-4-11, IC 22-4-11.5, or
291		-	21 IC 22-4-37-3.
292		-	22 (3) The employing unit is not delinquent as determined under
293		-	23 IC 22-4-11-2.
294		-	24 (4) The employing unit had an experience account with a
295		-	25 credit balance on the latest computation date.
296		-	26 (b) An employing unit that:
297		-	27 (1) meets the eligibility requirements under subsection (a);
298		-	28 and
299		-	29 (2) wishes to participate in the work sharing unemployment
300		-	30 insurance program established by this chapter;
301		-	31 shall submit a written work sharing plan to the commissioner.
302		-	32 Sec. 5. (a) Not later than fifteen (15) calendar days after receipt
303		-	33 of a work sharing plan, the commissioner shall give written
304		-	34 approval or disapproval of the work sharing plan to the employing
305		-	35 unit.
306		-	36 (b) The decision of the commissioner to disapprove a work
307		-	37 sharing plan is final and may not be appealed.
308		-	38 (c) An employing unit may not submit a new work sharing plan
309		-	39 less than fifteen (15) calendar days after the date of the
310		-	40 commissioner's disapproval of a work sharing plan in accordance
311		-	41 with subsection (a).
312		-	42 Sec. 6. The commissioner shall approve a work sharing plan
313		-	SB 347—LS 6392/DI 141 8
314		-	1 that meets the following requirements:
315		-	2 (1) The work sharing plan must apply to the greater of:
316		-	3 (A) ten percent (10%) of the employees in an affected unit;
317		-	4 or
318		-	5 (B) two (2) employees in an affected unit.
319		-	6 (2) The normal weekly work hours of the affected employees
320		-	7 in the affected unit shall be reduced by at least ten percent
321		-	8 (10%), but the reduction may not exceed fifty percent (50%).
322		-	9 The reduction in normal weekly work hours must be spread
323		-	10 equally among all of the affected employees.
324		-	11 Sec. 7. (a) A work sharing plan must:
325		-	12 (1) identify the affected unit or units to which the work
326		-	13 sharing plan applies;
327		-	14 (2) state:
328		-	15 (A) the reason or reasons resulting in the reduction in
329		-	16 normal weekly work hours under section 6(2) of this
330		-	17 chapter;
331		-	18 (B) the expected duration of the reduction in normal
332		-	19 weekly work hours under section 6(2) of this chapter; and
333		-	20 (C) an estimate of the number of layoffs that will be
334		-	21 averted by the employing unit's participation in a work
335		-	22 sharing plan;
336		-	23 (3) specify the effective date of the work sharing plan;
337		-	24 (4) specify an expiration date that is not more than twelve (12)
338		-	25 months after the effective date of the work sharing plan;
339		-	26 (5) identify each employee in the affected unit by:
340		-	27 (A) name;
341		-	28 (B) Social Security number;
342		-	29 (C) the normal weekly work hours of the employee;
343		-	30 (D) the reductions in the number of hours and the amount
344		-	31 of wages proposed for the employee by the work sharing
345		-	32 plan; and
346		-	33 (E) any other information the commissioner requires;
347		-	34 (6) specify that fringe benefits will continue to be provided to
348		-	35 an affected employee:
349		-	36 (A) who remains on the payroll of an affected unit;
350		-	37 (B) during the period that the work sharing plan is in
351		-	38 effect; and
352		-	39 (C) as though the normal weekly work hours of the
353		-	40 affected employee had not been reduced;
354		-	41 (7) certify that:
355		-	42 (A) each affected employee has been continuously on the
356		-	SB 347—LS 6392/DI 141 9
357		-	1 payroll of the employing unit for at least sixteen (16)
358		-	2 months immediately before the date on which the
359		-	3 employing unit submits the work sharing plan;
360		-	4 (B) the total reduction in normal weekly work hours is in
361		-	5 place of layoffs that would have:
362		-	6 (i) affected at least the number of employees estimated in
363		-	7 subdivision (2)(C); and
364		-	8 (ii) resulted in an equivalent reduction in work hours;
365		-	9 and
366		-	10 (C) the work sharing plan will not serve as a subsidy of:
367		-	11 (i) seasonal employment as determined by the
368		-	12 department as a seasonal determination under
369		-	13 IC 22-4-7-3(b);
370		-	14 (ii) temporary employment; or
371		-	15 (iii) intermittent employment;
372		-	16 (8) contain:
373		-	17 (A) the written approval of the collective bargaining agent
374		-	18 for each collective bargaining agreement that covers any
375		-	19 affected employee in the affected unit; or
376		-	20 (B) in the absence of a collective bargaining agreement, a
377		-	21 certification by the employing unit that the proposed work
378		-	22 sharing plan, or a summary of the work sharing plan, has
379		-	23 been made available to each affected employee in the
380		-	24 affected unit; and
381		-	25 (9) include the employing unit's attestation that participation
382		-	26 in a work sharing plan is consistent with the employing unit's
383		-	27 obligations under applicable federal and state laws.
384		-	28 (b) A work sharing plan may include an option that allows an
385		-	29 affected employee to attend work related training or retraining to
386		-	30 enhance job skills (including employing unit sponsored training or
387		-	31 worker training funded under the federal Workforce Innovation
388		-	32 and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.)) during the
389		-	33 affected employee's work hours. The commissioner shall approve
390		-	34 the training or retraining offered under this subsection.
391		-	35 (c) Subsection (a)(6) does not preclude an employing unit from
392		-	36 modifying fringe benefits if the modification of fringe benefits
393		-	37 applies to the same extent for both:
394		-	38 (1) affected employees; and
395		-	39 (2) employees who are not participating in the work sharing
396		-	40 plan.
397		-	41 Sec. 8. A work sharing employer shall agree to:
398		-	42 (1) submit reports that are necessary to administer the
399		-	SB 347—LS 6392/DI 141 10
400		-	1 approved work sharing plan; and
401		-	2 (2) allow the department to have access to all records
402		-	3 necessary to:
403		-	4 (A) verify the work sharing plan before its approval; and
404		-	5 (B) monitor and evaluate the application of the approved
405		-	6 work sharing plan.
406		-	7 Sec. 9. (a) An approved work sharing plan may be modified if:
407		-	8 (1) the work sharing employer notifies the commissioner in
408		-	9 writing not later than fifteen (15) calendar days after the date
409		-	10 the modification is made whenever the modification is not
410		-	11 substantial; or
411		-	12 (2) whenever the modification is substantial:
412		-	13 (A) the modification meets the requirements for approval
413		-	14 under section 6 of this chapter; and
414		-	15 (B) the commissioner approves the modification.
415		-	16 If the commissioner determines that a modification reported under
416		-	17 subdivision (1) is substantial, the commissioner shall notify the
417		-	18 work sharing employer of the commissioner's determination and
418		-	19 require the work sharing employer to request approval of the
419		-	20 modification under subdivision (2).
420		-	21 (b) The commissioner shall not approve a modification of a
421		-	22 work sharing plan that extends the expiration date of the work
422		-	23 sharing plan.
423		-	24 (c) The decision of the commissioner to disapprove a
424		-	25 modification to a work sharing plan is final and may not be
425		-	26 appealed.
426		-	27 Sec. 10. (a) An affected employee is eligible under this chapter
427		-	28 to receive work sharing benefits for each week in which the
428		-	29 commissioner determines that the affected employee is:
429		-	30 (1) able to work; and
430		-	31 (2) available for more hours of work for the work sharing
431		-	32 employer.
432		-	33 (b) An affected employee who otherwise is eligible may not be
433		-	34 denied work sharing benefits for lack of effort to secure full-time
434		-	35 work as set forth in IC 22-4-14-3 or for failure to apply for
435		-	36 available, suitable work as set forth in IC 22-4-15-2 from a person
436		-	37 other than the work sharing employer.
437		-	38 (c) An affected employee shall apply for benefits in accordance
438		-	39 with IC 22-4-17-1.
439		-	40 (d) An affected employee who otherwise is eligible for benefits
440		-	41 is:
441		-	42 (1) considered to be unemployed for the purpose of the work
442		-	SB 347—LS 6392/DI 141 11
443		-	1 sharing unemployment insurance program; and
444		-	2 (2) not subject to the requirements of IC 22-4-14-2.
445		-	3 Sec. 11. The unemployment compensation weekly work sharing
446		-	4 benefit due to an affected employee is determined in STEP FIVE
447		-	5 of the following formula:
448		-	6 STEP ONE: Determine the weekly benefit amount that would
449		-	7 be due to the employee under IC 22-4-12-4.
450		-	8 STEP TWO: Subtract the number of the employee's work
451		-	9 hours under the approved work sharing plan from the
452		-	10 number of the employee's normal weekly work hours.
453		-	11 STEP THREE: Divide the STEP TWO result by the number
454		-	12 of the employee's normal weekly work hours.
455		-	13 STEP FOUR: Multiply the number determined in STEP ONE
456		-	14 by the quotient determined in STEP THREE.
457		-	15 STEP FIVE: If the product determined under STEP FOUR is
458		-	16 not a multiple of one dollar ($1), round down to the nearest
459		-	17 lower multiple of one dollar ($1).
460		-	18 Sec. 12. (a) An affected employee may not receive more than
461		-	19 fifty-two (52) weeks of work sharing benefits during each benefit
462		-	20 period.
463		-	21 (b) The total amount of benefits payable under IC 22-4-12-4 and
464		-	22 work sharing benefits payable under this chapter may not exceed
465		-	23 the total amount of benefits payable for the benefit period under
466		-	24 IC 22-4-12-4(a).
467		-	25 Sec. 13. During a week in which an affected employee who
468		-	26 otherwise is eligible for benefits does not work for the work
469		-	27 sharing employer:
470		-	28 (1) the individual shall be paid unemployment insurance
471		-	29 benefits in accordance with IC 22-4-12; and
472		-	30 (2) the week does not count as a week for which a work
473		-	31 sharing benefit is received.
474		-	32 Sec. 14. During a week in which an affected employee works for
475		-	33 a work sharing employer under an approved work sharing plan
476		-	34 and also for another employer, the work sharing benefit is
477		-	35 determined under section 11 of this chapter by subtracting (in
478		-	36 STEP TWO) the combined hours worked for the work sharing
479		-	37 employer and the other employer from the affected employee's
480		-	38 normal weekly work hours.
481		-	39 Sec. 15. Work sharing benefits shall be charged to the work
482		-	40 sharing employer's experience balance in the same manner as
483		-	41 unemployment insurance is charged under this article. Employers
484		-	42 liable for payments in lieu of contributions shall have work sharing
485		-	SB 347—LS 6392/DI 141 12
486		-	1 benefits attributed to service in their employ in the same manner
487		-	2 as unemployment insurance is attributed under this article.
488		-	3 However, during a period in which the federal government
489		-	4 reimburses the state for work sharing benefits, the state may not:
490		-	5 (1) charge an employer's experience account; or
491		-	6 (2) require payments in lieu of contributions;
492		-	7 for work sharing benefits paid under this article.
493		-	8 Sec. 16. (a) The commissioner may revoke approval of an
494		-	9 approved work sharing plan for good cause, including:
495		-	10 (1) conduct or an occurrence that tends to defeat the intent
496		-	11 and effective operation of the approved work sharing plan;
497		-	12 (2) failure to comply with an assurance in the approved work
	222	+	42 (4) "Intermittent employment" means periodic intervals that
	223	+	2023 IN 347—LS 6392/DI 141 6
	224	+	1 are not continuous during which an individual works for an
	225	+	2 employing unit.
	226	+	3 (5) "Normal weekly work hours" means the number of hours
	227	+	4 that a full-time or part-time employee in the affected unit
	228	+	5 works in a week when the unit is operating on a regular basis.
	229	+	6 However, the number of hours in a week:
	230	+	7 (A) may not exceed forty (40) hours; and
	231	+	8 (B) does not include hours of overtime work.
	232	+	9 (6) "Part-time employee" means an individual who works in
	233	+	10 a position in a week for an employing unit in which the
	234	+	11 number of scheduled work hours are normally less than the
	235	+	12 number of scheduled work hours worked by a full-time
	236	+	13 employee. The term does not include a worker who works in
	237	+	14 a position that is:
	238	+	15 (A) seasonal employment (as determined by the
	239	+	16 department under IC 22-4-7-3(b));
	240	+	17 (B) temporary employment; or
	241	+	18 (C) intermittent employment.
	242	+	19 (7) "Payments in lieu of contributions" has the meaning set
	243	+	20 forth in IC 22-4-2-32.
	244	+	21 (8) "Work sharing benefit" means a benefit payable to an
	245	+	22 affected employee for work performed under an approved
	246	+	23 work sharing plan, but does not include benefits that are
	247	+	24 otherwise payable under this article.
	248	+	25 (9) "Work sharing employer" means an employing unit for
	249	+	26 which a work sharing plan has been approved.
	250	+	27 (10) "Work sharing plan" means a plan of an employing unit
	251	+	28 under which:
	252	+	29 (A) normal weekly work hours of the affected employees
	253	+	30 are reduced instead of a layoff of part or all of the affected
	254	+	31 employees; and
	255	+	32 (B) the affected employees share the work that remains
	256	+	33 after the reduction.
	257	+	34 Sec. 3. The work sharing unemployment insurance program
	258	+	35 seeks to:
	259	+	36 (1) preserve the jobs of employees and the workforce of an
	260	+	37 employer during lowered economic activity by a reduction in
	261	+	38 work hours or work days rather than by a layoff of some
	262	+	39 employees while other employees continue their normal
	263	+	40 weekly work hours or work days; and
	264	+	41 (2) ameliorate the adverse effect of reduction in business
	265	+	42 activity by providing benefits for the part of the normal
	266	+	2023 IN 347—LS 6392/DI 141 7
	267	+	1 weekly work hours or work days in which an employee does
	268	+	2 not work.
	269	+	3 Sec. 4. (a) An employing unit that meets all the following
	270	+	4 requirements is eligible to participate in the work sharing
	271	+	5 unemployment insurance program established by this chapter:
	272	+	6 (1) The employing unit is subject to this article for wages paid
	273	+	7 during a calendar year.
	274	+	8 (2) The employing unit's:
	275	+	9 (A) contribution rate for the calendar year; or
	276	+	10 (B) payments in lieu of contributions;
	277	+	11 are determined under IC 22-4-10, IC 22-4-11, IC 22-4-11.5, or
	278	+	12 IC 22-4-37-3.
	279	+	13 (3) The employing unit is not delinquent as determined under
	280	+	14 IC 22-4-11-2.
	281	+	15 (4) The employing unit had an experience account with a
	282	+	16 credit balance on the latest computation date.
	283	+	17 (b) An employing unit that:
	284	+	18 (1) meets the eligibility requirements under subsection (a);
	285	+	19 and
	286	+	20 (2) wishes to participate in the work sharing unemployment
	287	+	21 insurance program established by this chapter;
	288	+	22 shall submit a written work sharing plan to the commissioner.
	289	+	23 Sec. 5. (a) Not later than fifteen (15) calendar days after receipt
	290	+	24 of a work sharing plan, the commissioner shall give written
	291	+	25 approval or disapproval of the work sharing plan to the employing
	292	+	26 unit.
	293	+	27 (b) The decision of the commissioner to disapprove a work
	294	+	28 sharing plan is final and may not be appealed.
	295	+	29 (c) An employing unit may not submit a new work sharing plan
	296	+	30 less than fifteen (15) calendar days after the date of the
	297	+	31 commissioner's disapproval of a work sharing plan in accordance
	298	+	32 with subsection (a).
	299	+	33 Sec. 6. The commissioner shall approve a work sharing plan
	300	+	34 that meets the following requirements:
	301	+	35 (1) The work sharing plan must apply to the greater of:
	302	+	36 (A) ten percent (10%) of the employees in an affected unit;
	303	+	37 or
	304	+	38 (B) two (2) employees in an affected unit.
	305	+	39 (2) The normal weekly work hours of the affected employees
	306	+	40 in the affected unit shall be reduced by at least ten percent
	307	+	41 (10%), but the reduction may not exceed fifty percent (50%).
	308	+	42 The reduction in normal weekly work hours must be spread
	309	+	2023 IN 347—LS 6392/DI 141 8
	310	+	1 equally among all of the affected employees.
	311	+	2 Sec. 7. (a) A work sharing plan must:
	312	+	3 (1) identify the affected unit or units to which the work
	313	+	4 sharing plan applies;
	314	+	5 (2) state:
	315	+	6 (A) the reason or reasons resulting in the reduction in
	316	+	7 normal weekly work hours under section 6(2) of this
	317	+	8 chapter;
	318	+	9 (B) the expected duration of the reduction in normal
	319	+	10 weekly work hours under section 6(2) of this chapter; and
	320	+	11 (C) an estimate of the number of layoffs that will be
	321	+	12 averted by the employing unit's participation in a work
498	322		13 sharing plan;
499		-	14 (3) unreasonable revision of a productivity standard of the
500		-	15 affected unit;
501		-	16 (4) violation of a criterion on which the commissioner based
502		-	17 the approval of the work sharing plan; or
503		-	18 (5) failure of the employing unit to comply with the eligibility
504		-	19 requirements under section 4(a) of this chapter for
505		-	20 participation in the work sharing unemployment insurance
506		-	21 program.
507		-	22 (b) A work sharing employer may terminate an approved work
508		-	23 sharing plan at any time by notifying the following at least fifteen
509		-	24 (15) calendar days before the termination of the plan:
510		-	25 (1) The commissioner.
511		-	26 (2) One (1) of the following:
512		-	27 (A) The collective bargaining agent for each collective
513		-	28 bargaining agreement that covers any affected employee
514		-	29 in the affected unit.
515		-	30 (B) In the absence of a collective bargaining agreement,
516		-	31 each affected employee in the affected unit.
517		-	32 (c) An affected employee in an affected unit or the collective
518		-	33 bargaining agent representing an affected employee in an affected
519		-	34 unit may request that the commissioner take action to revoke the
520		-	35 approval of an approved work sharing plan.
521		-	36 (d) The commissioner shall give written notice of a revocation
522		-	37 to the work sharing employer specifying:
523		-	38 (1) the date the revocation is effective; and
524		-	39 (2) the reason or reasons for the revocation.
525		-	40 (e) The commissioner's decision to revoke approval of an
526		-	41 approved work sharing plan is final and may not be appealed.
527		-	42 (f) The department shall review the operation of an approved
528		-	SB 347—LS 6392/DI 141 13
529		-	1 work sharing plan at least once during the period that the
530		-	2 approved work sharing plan is in effect to ensure that the work
531		-	3 sharing employer is complying with the requirements of the
532		-	4 approved work sharing plan.
533		-	5 Sec. 17. The department may adopt and enforce rules under
534		-	6 IC 4-22-2 that are necessary to carry out this chapter in
535		-	7 accordance with IC 22-4-19-1.
536		-	SB 347—LS 6392/DI 141 14
537		-	COMMITTEE REPORT
538		-	Madam President: The Senate Committee on Pensions and Labor,
539		-	to which was referred Senate Bill No. 347, has had the same under
540		-	consideration and begs leave to report the same back to the Senate with
541		-	the recommendation that said bill be AMENDED as follows:
542		-	Page 5, between lines 41 and 42, begin a new line block indented
543		-	and insert:
544		-	"(4) "Fringe benefits" means:
545		-	(A) health insurance for hospital, medical, dental, and
546		-	similar services;
547		-	(B) retirement benefits under benefit pension plans as
548		-	defined in the federal Employee Retirement Income
549		-	Security Act (29 U.S.C. 1001 et seq.);
550		-	(C) holiday and vacation pay;
551		-	(D) sick leave; and
552		-	(E) other similar benefits that are incidents of
553		-	employment.".
554		-	Page 5, line 42, delete "(4)" and insert "(5)".
555		-	Page 6, line 3, delete "(5)" and insert "(6)".
556		-	Page 6, line 9, delete "(6)" and insert "(7)".
557		-	Page 6, line 19, delete "(7)" and insert "(8)".
558		-	Page 6, line 21, delete "(8)" and insert "(9)".
559		-	Page 6, line 25, delete "(9)" and insert "(10)".
560		-	Page 6, line 27, delete "(10)" and insert "(11)".
561		-	Page 8, delete lines 25 through 35, begin a new line block indented
562		-	and insert:
563		-	"(6) specify that fringe benefits will continue to be provided to
564		-	an affected employee:
565		-	(A) who remains on the payroll of an affected unit;
566		-	(B) during the period that the work sharing plan is in
567		-	effect; and
568		-	(C) as though the normal weekly work hours of the
569		-	affected employee had not been reduced;".
570		-	Page 9, between lines 29 and 30, begin a new paragraph and insert:
571		-	"(c) Subsection (a)(6) does not preclude an employing unit from
572		-	modifying fringe benefits if the modification of fringe benefits
573		-	applies to the same extent for both:
574		-	(1) affected employees; and
575		-	SB 347—LS 6392/DI 141 15
576		-	(2) employees who are not participating in the work sharing
577		-	plan.".
578		-	and when so amended that said bill do pass and be reassigned to the
579		-	Senate Committee on Appropriations.
580		-	(Reference is to SB 347 as introduced.)
581		-	ROGERS, Chairperson
582		-	Committee Vote: Yeas 8, Nays 1.
583		-	SB 347—LS 6392/DI 141
	323	+	14 (3) specify the effective date of the work sharing plan;
	324	+	15 (4) specify an expiration date that is not more than twelve (12)
	325	+	16 months after the effective date of the work sharing plan;
	326	+	17 (5) identify each employee in the affected unit by:
	327	+	18 (A) name;
	328	+	19 (B) Social Security number;
	329	+	20 (C) the normal weekly work hours of the employee;
	330	+	21 (D) the reductions in the number of hours and the amount
	331	+	22 of wages proposed for the employee by the work sharing
	332	+	23 plan; and
	333	+	24 (E) any other information the commissioner requires;
	334	+	25 (6) specify that the work sharing plan will not affect the fringe
	335	+	26 benefits of any employee in the affected unit, including:
	336	+	27 (A) health insurance for hospital, medical, dental, and
	337	+	28 similar services;
	338	+	29 (B) retirement benefits under benefit pension plans as
	339	+	30 defined in the federal Employee Retirement Income
	340	+	31 Security Act (29 U.S.C. 1001 et seq.);
	341	+	32 (C) holiday and vacation pay;
	342	+	33 (D) sick leave; and
	343	+	34 (E) other similar benefits that are incidents of
	344	+	35 employment;
	345	+	36 (7) certify that:
	346	+	37 (A) each affected employee has been continuously on the
	347	+	38 payroll of the employing unit for at least sixteen (16)
	348	+	39 months immediately before the date on which the
	349	+	40 employing unit submits the work sharing plan;
	350	+	41 (B) the total reduction in normal weekly work hours is in
	351	+	42 place of layoffs that would have:
	352	+	2023 IN 347—LS 6392/DI 141 9
	353	+	1 (i) affected at least the number of employees estimated in
	354	+	2 subdivision (2)(C); and
	355	+	3 (ii) resulted in an equivalent reduction in work hours;
	356	+	4 and
	357	+	5 (C) the work sharing plan will not serve as a subsidy of:
	358	+	6 (i) seasonal employment as determined by the
	359	+	7 department as a seasonal determination under
	360	+	8 IC 22-4-7-3(b);
	361	+	9 (ii) temporary employment; or
	362	+	10 (iii) intermittent employment;
	363	+	11 (8) contain:
	364	+	12 (A) the written approval of the collective bargaining agent
	365	+	13 for each collective bargaining agreement that covers any
	366	+	14 affected employee in the affected unit; or
	367	+	15 (B) in the absence of a collective bargaining agreement, a
	368	+	16 certification by the employing unit that the proposed work
	369	+	17 sharing plan, or a summary of the work sharing plan, has
	370	+	18 been made available to each affected employee in the
	371	+	19 affected unit; and
	372	+	20 (9) include the employing unit's attestation that participation
	373	+	21 in a work sharing plan is consistent with the employing unit's
	374	+	22 obligations under applicable federal and state laws.
	375	+	23 (b) A work sharing plan may include an option that allows an
	376	+	24 affected employee to attend work related training or retraining to
	377	+	25 enhance job skills (including employing unit sponsored training or
	378	+	26 worker training funded under the federal Workforce Innovation
	379	+	27 and Opportunity Act of 2014 (29 U.S.C. 3101 et seq.)) during the
	380	+	28 affected employee's work hours. The commissioner shall approve
	381	+	29 the training or retraining offered under this subsection.
	382	+	30 Sec. 8. A work sharing employer shall agree to:
	383	+	31 (1) submit reports that are necessary to administer the
	384	+	32 approved work sharing plan; and
	385	+	33 (2) allow the department to have access to all records
	386	+	34 necessary to:
	387	+	35 (A) verify the work sharing plan before its approval; and
	388	+	36 (B) monitor and evaluate the application of the approved
	389	+	37 work sharing plan.
	390	+	38 Sec. 9. (a) An approved work sharing plan may be modified if:
	391	+	39 (1) the work sharing employer notifies the commissioner in
	392	+	40 writing not later than fifteen (15) calendar days after the date
	393	+	41 the modification is made whenever the modification is not
	394	+	42 substantial; or
	395	+	2023 IN 347—LS 6392/DI 141 10
	396	+	1 (2) whenever the modification is substantial:
	397	+	2 (A) the modification meets the requirements for approval
	398	+	3 under section 6 of this chapter; and
	399	+	4 (B) the commissioner approves the modification.
	400	+	5 If the commissioner determines that a modification reported under
	401	+	6 subdivision (1) is substantial, the commissioner shall notify the
	402	+	7 work sharing employer of the commissioner's determination and
	403	+	8 require the work sharing employer to request approval of the
	404	+	9 modification under subdivision (2).
	405	+	10 (b) The commissioner shall not approve a modification of a
	406	+	11 work sharing plan that extends the expiration date of the work
	407	+	12 sharing plan.
	408	+	13 (c) The decision of the commissioner to disapprove a
	409	+	14 modification to a work sharing plan is final and may not be
	410	+	15 appealed.
	411	+	16 Sec. 10. (a) An affected employee is eligible under this chapter
	412	+	17 to receive work sharing benefits for each week in which the
	413	+	18 commissioner determines that the affected employee is:
	414	+	19 (1) able to work; and
	415	+	20 (2) available for more hours of work for the work sharing
	416	+	21 employer.
	417	+	22 (b) An affected employee who otherwise is eligible may not be
	418	+	23 denied work sharing benefits for lack of effort to secure full-time
	419	+	24 work as set forth in IC 22-4-14-3 or for failure to apply for
	420	+	25 available, suitable work as set forth in IC 22-4-15-2 from a person
	421	+	26 other than the work sharing employer.
	422	+	27 (c) An affected employee shall apply for benefits in accordance
	423	+	28 with IC 22-4-17-1.
	424	+	29 (d) An affected employee who otherwise is eligible for benefits
	425	+	30 is:
	426	+	31 (1) considered to be unemployed for the purpose of the work
	427	+	32 sharing unemployment insurance program; and
	428	+	33 (2) not subject to the requirements of IC 22-4-14-2.
	429	+	34 Sec. 11. The unemployment compensation weekly work sharing
	430	+	35 benefit due to an affected employee is determined in STEP FIVE
	431	+	36 of the following formula:
	432	+	37 STEP ONE: Determine the weekly benefit amount that would
	433	+	38 be due to the employee under IC 22-4-12-4.
	434	+	39 STEP TWO: Subtract the number of the employee's work
	435	+	40 hours under the approved work sharing plan from the
	436	+	41 number of the employee's normal weekly work hours.
	437	+	42 STEP THREE: Divide the STEP TWO result by the number
	438	+	2023 IN 347—LS 6392/DI 141 11
	439	+	1 of the employee's normal weekly work hours.
	440	+	2 STEP FOUR: Multiply the number determined in STEP ONE
	441	+	3 by the quotient determined in STEP THREE.
	442	+	4 STEP FIVE: If the product determined under STEP FOUR is
	443	+	5 not a multiple of one dollar ($1), round down to the nearest
	444	+	6 lower multiple of one dollar ($1).
	445	+	7 Sec. 12. (a) An affected employee may not receive more than
	446	+	8 fifty-two (52) weeks of work sharing benefits during each benefit
	447	+	9 period.
	448	+	10 (b) The total amount of benefits payable under IC 22-4-12-4 and
	449	+	11 work sharing benefits payable under this chapter may not exceed
	450	+	12 the total amount of benefits payable for the benefit period under
	451	+	13 IC 22-4-12-4(a).
	452	+	14 Sec. 13. During a week in which an affected employee who
	453	+	15 otherwise is eligible for benefits does not work for the work
	454	+	16 sharing employer:
	455	+	17 (1) the individual shall be paid unemployment insurance
	456	+	18 benefits in accordance with IC 22-4-12; and
	457	+	19 (2) the week does not count as a week for which a work
	458	+	20 sharing benefit is received.
	459	+	21 Sec. 14. During a week in which an affected employee works for
	460	+	22 a work sharing employer under an approved work sharing plan
	461	+	23 and also for another employer, the work sharing benefit is
	462	+	24 determined under section 11 of this chapter by subtracting (in
	463	+	25 STEP TWO) the combined hours worked for the work sharing
	464	+	26 employer and the other employer from the affected employee's
	465	+	27 normal weekly work hours.
	466	+	28 Sec. 15. Work sharing benefits shall be charged to the work
	467	+	29 sharing employer's experience balance in the same manner as
	468	+	30 unemployment insurance is charged under this article. Employers
	469	+	31 liable for payments in lieu of contributions shall have work sharing
	470	+	32 benefits attributed to service in their employ in the same manner
	471	+	33 as unemployment insurance is attributed under this article.
	472	+	34 However, during a period in which the federal government
	473	+	35 reimburses the state for work sharing benefits, the state may not:
	474	+	36 (1) charge an employer's experience account; or
	475	+	37 (2) require payments in lieu of contributions;
	476	+	38 for work sharing benefits paid under this article.
	477	+	39 Sec. 16. (a) The commissioner may revoke approval of an
	478	+	40 approved work sharing plan for good cause, including:
	479	+	41 (1) conduct or an occurrence that tends to defeat the intent
	480	+	42 and effective operation of the approved work sharing plan;
	481	+	2023 IN 347—LS 6392/DI 141 12
	482	+	1 (2) failure to comply with an assurance in the approved work
	483	+	2 sharing plan;
	484	+	3 (3) unreasonable revision of a productivity standard of the
	485	+	4 affected unit;
	486	+	5 (4) violation of a criterion on which the commissioner based
	487	+	6 the approval of the work sharing plan; or
	488	+	7 (5) failure of the employing unit to comply with the eligibility
	489	+	8 requirements under section 4(a) of this chapter for
	490	+	9 participation in the work sharing unemployment insurance
	491	+	10 program.
	492	+	11 (b) A work sharing employer may terminate an approved work
	493	+	12 sharing plan at any time by notifying the following at least fifteen
	494	+	13 (15) calendar days before the termination of the plan:
	495	+	14 (1) The commissioner.
	496	+	15 (2) One (1) of the following:
	497	+	16 (A) The collective bargaining agent for each collective
	498	+	17 bargaining agreement that covers any affected employee
	499	+	18 in the affected unit.
	500	+	19 (B) In the absence of a collective bargaining agreement,
	501	+	20 each affected employee in the affected unit.
	502	+	21 (c) An affected employee in an affected unit or the collective
	503	+	22 bargaining agent representing an affected employee in an affected
	504	+	23 unit may request that the commissioner take action to revoke the
	505	+	24 approval of an approved work sharing plan.
	506	+	25 (d) The commissioner shall give written notice of a revocation
	507	+	26 to the work sharing employer specifying:
	508	+	27 (1) the date the revocation is effective; and
	509	+	28 (2) the reason or reasons for the revocation.
	510	+	29 (e) The commissioner's decision to revoke approval of an
	511	+	30 approved work sharing plan is final and may not be appealed.
	512	+	31 (f) The department shall review the operation of an approved
	513	+	32 work sharing plan at least once during the period that the
	514	+	33 approved work sharing plan is in effect to ensure that the work
	515	+	34 sharing employer is complying with the requirements of the
	516	+	35 approved work sharing plan.
	517	+	36 Sec. 17. The department may adopt and enforce rules under
	518	+	37 IC 4-22-2 that are necessary to carry out this chapter in
	519	+	38 accordance with IC 22-4-19-1.
	520	+	2023 IN 347—LS 6392/DI 141