Indiana 2024 Regular Session

Indiana Senate Bill SB0100 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 100
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-4.
7	7	Synopsis: Unemployment benefits. Amends the definition of "wage
8	8	credits". Specifies the rate for unemployment insurance benefits for
9	9	initial claims filed by an individual who is totally unemployed for any
10	10	week beginning after June 30, 2024. Specifies, for initial claims filed
11	11	for any week beginning after June 30, 2024: (1) the maximum weekly
12	12	benefit amount; and (2) an additional weekly benefit for eligible and
13	13	qualified individuals with dependents.
14	14	Effective: July 1, 2024.
15	15	Pol Jr.
16	16	January 8, 2024, read first time and referred to Committee on Pensions and Labor.
17	17	2024 IN 100—LS 6240/DI 153 Introduced
18	18	Second Regular Session of the 123rd General Assembly (2024)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2023 Regular Session of the General Assembly.
28	28	SENATE BILL No. 100
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning labor
30	30	and safety.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 22-4-4-3, AS AMENDED BY P.L.122-2019,
33	33	2 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2024]: Sec. 3. (a) For calendar quarters beginning on and after
35	35	4 July 1, 1997, and before July 1, 1998, "wage credits" means
36	36	5 remuneration paid for employment by an employer to an individual and
37	37	6 remuneration received as tips or gratuities in accordance with Sections
38	38	7 3102 and 3301 et seq. of the Internal Revenue Code. Wage credits may
39	39	8 not exceed five thousand four hundred dollars ($5,400) and may not
40	40	9 include payments specified in section 2 of this chapter.
41	41	10 (b) For calendar quarters beginning on and after July 1, 1998, and
42	42	11 before July 1, 1999, "wage credits" means remuneration paid for
43	43	12 employment by an employer to an individual and remuneration
44	44	13 received as tips or gratuities in accordance with Sections 3102 and
45	45	14 3301 et seq. of the Internal Revenue Code. Wage credits may not
46	46	15 exceed five thousand six hundred dollars ($5,600) and may not include
47	47	16 payments that are excluded from the definition of wages under section
48	48	17 2 of this chapter.
49	49	2024 IN 100—LS 6240/DI 153 2
50	50	1 (c) For calendar quarters beginning on and after July 1, 1999, and
51	51	2 before July 1, 2000, "wage credits" means remuneration paid for
52	52	3 employment by an employer to an individual and remuneration
53	53	4 received as tips or gratuities in accordance with Sections 3102 and
54	54	5 3301 et seq. of the Internal Revenue Code. Wage credits may not
55	55	6 exceed five thousand eight hundred dollars ($5,800) and may not
56	56	7 include payments that are excluded from the definition of wages under
57	57	8 section 2 of this chapter.
58	58	9 (d) For calendar quarters beginning on and after July 1, 2000, and
59	59	10 before July 1, 2001, "wage credits" means remuneration paid for
60	60	11 employment by an employer to an individual and remuneration
61	61	12 received as tips or gratuities in accordance with Sections 3102 and
62	62	13 3301 et seq. of the Internal Revenue Code. Wage credits may not
63	63	14 exceed six thousand seven hundred dollars ($6,700) and may not
64	64	15 include payments that are excluded from the definition of wages under
65	65	16 section 2 of this chapter.
66	66	17 (e) For calendar quarters beginning on and after July 1, 2001, and
67	67	18 before July 1, 2002, "wage credits" means remuneration paid for
68	68	19 employment by an employer to an individual and remuneration
69	69	20 received as tips or gratuities in accordance with Sections 3102 and
70	70	21 3301 et seq. of the Internal Revenue Code. Wage credits may not
71	71	22 exceed seven thousand three hundred dollars ($7,300) and may not
72	72	23 include payments that are excluded from the definition of wages under
73	73	24 section 2 of this chapter.
74	74	25 (f) For calendar quarters beginning on and after July 1, 2002, and
75	75	26 before July 1, 2003, "wage credits" means remuneration paid for
76	76	27 employment by an employer to an individual and remuneration
77	77	28 received as tips or gratuities in accordance with Sections 3102 and
78	78	29 3301 et seq. of the Internal Revenue Code. Wage credits may not
79	79	30 exceed seven thousand nine hundred dollars ($7,900) and may not
80	80	31 include payments that are excluded from the definition of wages under
81	81	32 section 2 of this chapter.
82	82	33 (g) For calendar quarters beginning on and after July 1, 2003, and
83	83	34 before July 1, 2004, "wage credits" means remuneration paid for
84	84	35 employment by an employer to an individual and remuneration
85	85	36 received as tips or gratuities in accordance with Sections 3102 and
86	86	37 3301 et seq. of the Internal Revenue Code. Wage credits may not
87	87	38 exceed eight thousand two hundred sixteen dollars ($8,216) and may
88	88	39 not include payments that are excluded from the definition of wages
89	89	40 under section 2 of this chapter.
90	90	41 (h) For calendar quarters beginning on and after July 1, 2004, and
91	91	42 before July 1, 2005, "wage credits" means remuneration paid for
92	92	2024 IN 100—LS 6240/DI 153 3
93	93	1 employment by an employer to an individual and remuneration
94	94	2 received as tips or gratuities in accordance with Sections 3102 and
95	95	3 3301 et seq. of the Internal Revenue Code. Wage credits may not
96	96	4 exceed eight thousand seven hundred thirty-three dollars ($8,733) and
97	97	5 may not include payments that are excluded from the definition of
98	98	6 wages under section 2 of this chapter.
99	99	7 (i) For calendar quarters beginning on and after July 1, 2005, and
100	100	8 before July 1, 2012, "wage credits" means remuneration paid for
101	101	9 employment by an employer to an individual and remuneration
102	102	10 received as tips or gratuities in accordance with Sections 3102 and
103	103	11 3301 et seq. of the Internal Revenue Code. Wage credits may not
104	104	12 exceed nine thousand two hundred fifty dollars ($9,250) and may not
105	105	13 include payments that are excluded from the definition of wages under
106	106	14 section 2 of this chapter.
107	107	15 (j) For calendar quarters beginning on and after July 1, 2012, and
108	108	16 before July 1, 2024, "wage credits" means remuneration paid for
109	109	17 employment by an employer to an individual and remuneration
110	110	18 received as tips or gratuities in accordance with Sections 3102 and
111	111	19 3301 et seq. of the Internal Revenue Code. Wage credits may not
112	112	20 include payments that are excluded from the definition of wages under
113	113	21 section 2 of this chapter.
114	114	22 (k) For calendar quarters beginning after June 30, 2024, "wage
115	115	23 credits" means remuneration paid for employment by an employer
116	116	24 to an individual and remuneration received as tips or gratuities in
117	117	25 accordance with Sections 3102 and 3301 et seq. of the Internal
118	118	26 Revenue Code. Wage credits may not exceed ten thousand six
119	119	27 hundred twenty-five dollars ($10,625) and may not include
120	120	28 payments that are excluded from the definition of wages under
121	121	29 section 2 of this chapter.
122	122	30 SECTION 2. IC 22-4-12-2, AS AMENDED BY P.L.2-2011,
123	123	31 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
124	124	32 JULY 1, 2024]: Sec. 2. (a) With respect to initial claims filed for any
125	125	33 week beginning on and after July 1, 1997, and before July 1, 2012,
126	126	34 each eligible individual who is totally unemployed (as defined in
127	127	35 IC 22-4-3-1) in any week in the individual's benefit period shall be paid
128	128	36 for the week, if properly claimed, benefits at the rate of:
129	129	37 (1) five percent (5%) of the first two thousand dollars ($2,000) of
130	130	38 the individual's wage credits in the calendar quarter during the
131	131	39 individual's base period in which the wage credits were highest;
132	132	40 and
133	133	41 (2) four percent (4%) of the individual's remaining wage credits
134	134	42 in the calendar quarter during the individual's base period in
135	135	2024 IN 100—LS 6240/DI 153 4
136	136	1 which the wage credits were highest.
137	137	2 (a) For purposes of this section, "prior average weekly wage"
138	138	3 means the result of:
139	139	4 (1) the individual's total wage credits during the individual's
140	140	5 base period; divided by
141	141	6 (2) fifty-two (52).
142	142	7 (b) With respect to initial claims filed for any week beginning on
143	143	8 and after July 1, 2012, and before July 1, 2024, each eligible
144	144	9 individual who is totally unemployed (as defined in IC 22-4-3-1) in any
145	145	10 week in the individual's benefit period shall be paid for the week, if
146	146	11 properly claimed, an amount equal to forty-seven percent (47%) of the
147	147	12 individual's prior average weekly wage, rounded (if not already a
148	148	13 multiple of one dollar ($1)) to the next lower dollar. However, the
149	149	14 maximum weekly benefit amount may not exceed three hundred ninety
150	150	15 dollars ($390).
151	151	16 (c) For purposes of this section, "prior average weekly wage" means
152	152	17 the result of:
153	153	18 (1) the individual's total wage credits during the individual's base
154	154	19 period; divided by
155	155	20 (2) fifty-two (52).
156	156	21 (c) With respect to initial claims filed for any week beginning
157	157	22 after June 30, 2024, each eligible individual who is totally
158	158	23 unemployed (as defined in IC 22-4-3-1) in any week in the
159	159	24 individual's benefit period shall be paid for the week, if properly
160	160	25 claimed, benefits at the rate of:
161	161	26 (1) five percent (5%) of the first two thousand dollars ($2,000)
162	162	27 of the individual's wage credits in the calendar quarter during
163	163	28 the individual's base period in which the wage credits were
164	164	29 highest; and
165	165	30 (2) four percent (4%) of the individual's remaining wage
166	166	31 credits in the calendar quarter during the individual's base
167	167	32 period in which the wage credits were highest.
168	168	33 (d) Except as provided in section 2.2 of this chapter, an
169	169	34 individual's weekly benefit amount may not exceed four hundred
170	170	35 forty-five dollars ($445).
171	171	36 SECTION 3. IC 22-4-12-2.2 IS ADDED TO THE INDIANA CODE
172	172	37 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
173	173	38 1, 2024]: Sec. 2.2. (a) This section applies to initial claims filed for
174	174	39 any week beginning after June 30, 2024.
175	175	40 (b) For purposes of this section, the term "dependent":
176	176	41 (1) means:
177	177	42 (A) a lawful husband or wife who is unemployed and
178	178	2024 IN 100—LS 6240/DI 153 5
179	179	1 currently ineligible for Indiana benefits because of
180	180	2 insufficient base period wages;
181	181	3 (B) a natural child;
182	182	4 (C) an adopted child;
183	183	5 (D) a stepchild of the claimant, if the stepchild is not
184	184	6 receiving temporary assistance to needy families; or
185	185	7 (E) a child placed in the claimant's home for adoption by
186	186	8 an authorized placement agency or a court of law, if the
187	187	9 child:
188	188	10 (i) is less than eighteen (18) years of age; and
189	189	11 (ii) has received more than one-half (1/2) the cost of
190	190	12 support from the claimant during the past ninety (90)
191	191	13 days (or for the duration of the relationship, if less)
192	192	14 immediately preceding the claimant's benefit year
193	193	15 beginning date; and
194	194	16 (2) includes the following:
195	195	17 (A) A person with a disability at least eighteen (18) years
196	196	18 of age who is a child of the claimant and who received
197	197	19 more than one-half (1/2) the cost of the person's support
198	198	20 from the claimant during the ninety (90) day period
199	199	21 immediately preceding the claimant's benefit year
200	200	22 beginning date.
201	201	23 (B) A child for whom the claimant is the court appointed
202	202	24 legal guardian.
203	203	25 (c) For purposes of subsection (b)(2):
204	204	26 (1) "child" includes:
205	205	27 (A) a natural child;
206	206	28 (B) an adopted child;
207	207	29 (C) a stepchild of the claimant, if the stepchild is not
208	208	30 receiving temporary assistance to needy families; or
209	209	31 (D) a child placed in the claimant's home for adoption by
210	210	32 an authorized placement agency or a court of law; and
211	211	33 (2) "person with a disability" means an individual who by
212	212	34 reason of physical or mental defect or infirmity, whether:
213	213	35 (A) congenital; or
214	214	36 (B) acquired by accident, injury, or disease;
215	215	37 is totally or partially prevented from achieving the fullest
216	216	38 attainable physical, social, economic, mental, and vocational
217	217	39 participation in the normal process of living.
218	218	40 (d) In addition to the weekly benefit amount determined under
219	219	41 section 2 of this chapter, an eligible and qualified individual is
220	220	42 entitled to an additional benefit amount of fifty dollars ($50) per
221	221	2024 IN 100—LS 6240/DI 153 6
222	222	1 week for each dependent claimed by the eligible and qualified
223	223	2 individual. However, the total additional weekly benefit provided
224	224	3 to an eligible and qualified individual under this subsection may
225	225	4 not exceed one hundred fifty dollars ($150).
226	226	2024 IN 100—LS 6240/DI 153