Bill Text: IN HB1023 | 2013 | Regular Session | Introduced
Bill Title: Partial unemployment benefit.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-07 - First reading: referred to Committee on Employment, Labor and Pensions [HB1023 Detail]
Download: Indiana-2013-HB1023-Introduced.html
Citations Affected: IC 22-4-2-2; IC 22-4-15.
Synopsis: Partial unemployment benefit. Establishes a partial
unemployment benefit for an individual who accepts work that pays
less than the individual's unemployment benefit.
Effective: Upon passage.
January 7, 2013, read first time and referred to Committee on Employment, Labor and
Pensions.
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A BILL FOR AN ACT to amend the Indiana Code concerning labor
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(1) deductible income as defined and applied in IC 22-4-5-1 and IC 22-4-5-2; or
(2) any pension, retirement, or annuity payments, under any plan of an employer whereby the employer contributes a portion or all of the money. The following apply to a disqualification under this
subdivision:
(A) The disqualification shall apply only if some or all of the
benefits otherwise payable:
(i) are chargeable to the experience or reimbursable account
of such employer; or
(ii) would have been chargeable except for the application
of this chapter.
(B) Notwithstanding clause (A), the disqualification does not
apply to a distribution from a pension, retirement, or annuity
plan of an employer when an individual uses the distribution
to satisfy a severe financial hardship resulting from an
unforeseeable emergency that is the result of events beyond
the individual's control.
(C) Federal old age, survivors, and disability insurance
benefits are not considered payments under a plan of an
employer whereby the employer maintains the plan or
contributes a portion or all of the money to the extent required
by federal law.
(b) This subsection applies if an eligible individual does not
qualify for a partial benefit under section 4.5 of this chapter. If the
payments described in subsection (a) are less than an individual's
weekly benefit amount, an otherwise eligible individual shall not be
ineligible and shall be entitled to receive for such week benefits
reduced by the amount of such payments.
(c) This section does not preclude an individual from delaying a
claim to pension, retirement, or annuity payments until the individual
has received the benefits to which the individual would otherwise be
eligible under this chapter. Weekly benefits received before the date
the individual elects to retire shall not be reduced by any pension,
retirement, or annuity payments received on or after the date the
individual elects to retire.
(1) has been totally unemployed (as defined in IC 22-4-3-1) and is not otherwise job attached;
(2) accepts work that pays less than the weekly benefit amount the individual is eligible to receive under this article; and
(3) is otherwise eligible to receive a benefit for a week in which the individual is eligible to receive a partial benefit under this section.
(b) For a week in which an eligible individual receives remuneration for services from an employing unit that is less than the individual's weekly benefit amount for that week, the individual is entitled to receive a partial benefit, rounded down to the nearest whole dollar, that is equal to:
(1) the difference between the amount of the individual's remuneration and the individual's weekly benefit amount; plus
(2) forty dollars ($40).
(c) Notwithstanding any other provision of this article or any other law, if an individual meets the requirements of subsection (a) each week, the individual may receive a partial benefit computed under this section for thirteen (13) weeks.
