Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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provision adopted), the text of the new provision will appear in this style type. Also, the
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 371
AN ACT to amend the Indiana Code concerning labor and safety.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 22-4-2-34, AS AMENDED BY P.L.171-2016,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 34. (a) The definitions in this section apply
throughout this article. With respect to benefits for weeks of
unemployment beginning after August 13, 1981, "extended benefit
period" means a period which begins with the third week after a week
for which there is a state "on" indicator and ends with the later of the
following:
(1) The third week after the first week for which there is a state
"off" indicator.
(2) The thirteenth consecutive week of such period.
(b) However, no extended benefit period may begin by reason of a
state "on" indicator before the fourteenth week following the end of a
prior extended benefit period which was in effect with respect to this
state.
(c) There is a state "on" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States Secretary of Labor, that for the period consisting of such
week and the immediately preceding twelve (12) weeks, the rate of
insured unemployment (not seasonally adjusted) under this article:
(1) equaled or exceeded one hundred twenty percent (120%) of
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the average of such rates for the corresponding 13-week period
ending in each of the preceding two (2) calendar years; and
(2) equaled or exceeded five percent (5%).
However, the determination of whether there has been a state "on" or
"off" indicator beginning or ending any extended benefit period shall
be made under this subsection as if it did not contain subdivision (1) if
the insured unemployment rate is at least six percent (6%). Any week
for which there would otherwise be a state "on" indicator shall continue
to be such a week and may not be determined to be a week for which
there is a state "off" indicator.
(d) In addition to the test for a state "on" indicator under subsection
(c), there is a state "on" indicator for this state for a week if:
(1) the average rate of total unemployment in Indiana, seasonally
adjusted, as determined by the United States Secretary of Labor,
for the period consisting of the most recent three (3) months for
which data for all states are published before the close of the
week, equals or exceeds six and five-tenths percent (6.5%); and
(2) the average rate of total unemployment in Indiana, seasonally
adjusted, as determined by the United States Secretary of Labor,
for the three (3) month period referred to in subdivision (1) equals
or exceeds one hundred ten percent (110%) of the average for
either or both of the corresponding three (3) month periods ending
in the two (2) preceding calendar years.
There is a state "off" indicator for a week if either of the requirements
in subdivisions (1) and (2) are not satisfied. However, any week for
which there would otherwise be a state "on" indicator under this section
continues to be subject to the "on" indicator and shall not be considered
a week for which there is a state "off" indicator. 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) There is a state "off" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States Secretary of Labor, that for the period consisting of such
week and the immediately preceding twelve (12) weeks, the
requirements of subsection (c) have not been met.
(f) (b) With respect to benefits for weeks of unemployment
beginning after August 13, 1981, "rate of insured unemployment," for
purposes of subsection (c), "Rate of insured unemployment" means
the percentage derived by dividing:
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(1) the average weekly number of individuals filing claims for
regular compensation in this state for weeks of unemployment
with respect to the most recent 13 consecutive week period (as
determined by the department on the basis of this state's reports
to the United States Secretary of Labor); by
(2) the average monthly employment covered under this article
for the first four (4) of the most recent six (6) completed calendar
quarters ending before the end of such 13-week period.
(g) (c) "Regular benefits" means benefits payable to an individual
under this article or under the law of any other state (including benefits
payable to federal civilian employees and to ex-servicemen pursuant to
5 U.S.C. 8501 through 8525) other than extended benefits.
(d) "Additional benefits" means benefits other than extended
benefits and which are totally financed by a state payable to exhaustees
by reason of conditions of high unemployment or by reason of other
special factors under the provisions of any state law. If extended
compensation is payable to an individual by this state and additional
compensation is payable to the individual for the same week by any
state, the individual may elect which of the two (2) types of
compensation to claim.
(h) (e) "Extended benefits" means benefits (including benefits
payable to federal civilian employees and to ex-servicemen pursuant to
5 U.S.C. 8501 through 8525) payable to an individual under the
provisions of this article for weeks of unemployment in the individual's
"eligibility period". Pursuant to Section 3304 of the Internal Revenue
Code extended benefits are not payable to interstate claimants filing
claims in an agent state which is not in an extended benefit period,
against the liable state of Indiana when the state of Indiana is in an
extended benefit period. This prohibition does not apply to the first two
(2) weeks claimed that would, but for this prohibition, otherwise be
payable. However, only one (1) such two (2) week period will be
granted on an extended claim. Notwithstanding any other provisions of
this chapter, with respect to benefits for weeks of unemployment
beginning after October 31, 1981, if the benefit year of any individual
ends within an extended benefit period, the remaining balance of
extended benefits that the individual would, but for this clause, be
entitled to receive in that extended benefit period, with respect to
weeks of unemployment beginning after the end of the benefit year,
shall be reduced (but not below zero (0)) by the product of the number
of weeks for which the individual received any amounts as trade
readjustment allowances within that benefit year, multiplied by the
individual's weekly benefit amount for extended benefits.
SEA 371 — CC 1
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(i) (f) "Eligibility period" of an individual means the period
consisting of the weeks in the individual's benefit period which begin
in an extended benefit period and, if the individual's benefit period
ends within such extended benefit period, any weeks thereafter which
begin in such extended benefit period. For any weeks of unemployment
beginning after February 17, 2009, and before January 1, 2012, an
individual's eligibility period (as described in Section 203(c) of the
Federal-State Unemployment Compensation Act of 1970) is, for
purposes of any determination of eligibility for extended compensation
under state law, considered to include any week that begins:
(1) after the date as of which the individual exhausts all rights to
emergency unemployment compensation; and
(2) during an extended benefit period that began on or before the
date described in subdivision (1).
(j) (g) "Exhaustee" means an individual who, with respect to any
week of unemployment in the individual's eligibility period:
(1) has received, prior to such week, all of the regular benefits
including dependent's allowances that were available to the
individual under this article or under the law of any other state
(including benefits payable to federal civilian employees and
ex-servicemen under 5 U.S.C. 8501 through 8525) in the
individual's current benefit period that includes such week.
However, for the purposes of this subsection, an individual shall
be deemed to have received all of the regular benefits that were
available to the individual although as a result of a pending appeal
with respect to wages that were not considered in the original
monetary determination in the individual's benefit period or
although a nonmonetary decision denying benefits is pending, the
individual may subsequently be determined to be entitled to
added regular benefits;
(2) may be entitled to regular benefits with respect to future
weeks of unemployment but such benefits are not payable with
respect to such week of unemployment by reason of seasonal
limitations in any state unemployment insurance law; or
(3) having had the individual's benefit period expire prior to such
week, has no, or insufficient, wages on the basis of which the
individual could establish a new benefit period that would include
such week;
and has no right to unemployment benefits or allowances, as the case
may be, under the Railroad Unemployment Insurance Act, the Trade
Act of 1974, the Automotive Products Trade Act of 1965 and such
other federal laws as are specified in regulations issued by the United
SEA 371 — CC 1
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States Secretary of Labor, and has not received and is not seeking
unemployment benefits under the unemployment compensation law of
Canada; but if the individual is seeking such benefits and the
appropriate agency finally determines that the individual is not entitled
to benefits under such law, the individual is considered an exhaustee.
(k) (h) "State law" means the unemployment insurance law of any
state, approved by the United States Secretary of Labor under Section
3304 of the Internal Revenue Code.
(l) With respect to compensation for 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 addition to the tests for a state "on" indicator under
subsections (c) and (d), there is a state "on" indicator for a week if:
(1) the average rate of insured unemployment for the period
consisting of the week and the immediately preceding twelve (12)
weeks equals or exceeds five percent (5%); and
(2) the average rate of insured unemployment for the period
consisting of the week and the immediately preceding twelve (12)
weeks equals or exceeds one hundred twenty percent (120%) of
the average rates of insured unemployment for the corresponding
thirteen (13) week period ending in each of the preceding three
(3) calendar years.
(m) There is a state "off" indicator for a week based on the rate of
insured unemployment only if the rate of insured unemployment for the
period consisting of the week and the immediately preceding twelve
(12) weeks does not result in an "on" indicator under subsection (c)(1).
(n) With respect to compensation for 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 addition to the tests for a state "on" indicator under
subsections (c), (d), and (l) there is a state "on" indicator for a week if:
(1) the average rate of total unemployment (seasonally adjusted),
as determined by the United States Secretary of Labor, for the
period consisting of the most recent three (3) months for which
data for all states are published before the close of the week
equals or exceeds six and one-half percent (6.5%); and
SEA 371 — CC 1
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(2) the average rate of total unemployment in Indiana (seasonally
adjusted), as determined by the United States Secretary of Labor,
for the three (3) month period referred to in subdivision (1) equals
or exceeds one hundred ten percent (110%) of the average for any
or all of the corresponding three (3) month periods ending in the
three (3) preceding calendar years.
(o) There is a state "off" indicator for a week based on the rate of
total unemployment only if the rate of total unemployment for the
period consisting of the most recent three (3) months for which data for
all states are published before the close of the week does not result in
an "on" indicator under subsection (d)(1).
SECTION 2. IC 22-4-2-41 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 41. (a) Except as provided in subsection (b), as used
in this article, "suitable work" means the following:
(1) For an individual classified as having good job prospects
under IC 22-4-14-6.1, any work which would be considered
suitable work for the individual under IC 22-4-15-2(e).
(2) For an individual classified as having not good job
prospects under IC 22-4-14-6.1, any work which the
individual has the physical and mental capacity to perform.
(b) The term does not include any work that meets the following
conditions:
(1) If the gross average weekly remuneration payable to the
individual for the position would not exceed the sum of:
(A) the individual's average weekly benefit amount for the
individual's benefit year; plus
(B) the amount (if any) of supplemental unemployment
compensation benefits (as defined in Section 501(c)(17)(D)
of the Internal Revenue Code) payable to the individual for
the week.
(2) If the position was not offered to the individual in writing
or was not listed with the department.
(3) If failure to accept the new work would not result in a
denial of compensation under the provisions of this article, to
the extent that the provisions are not inconsistent with the
applicable federal law.
(4) If the position pays less than the higher of:
(A) the minimum wage provided by 29 U.S.C. 206(a)(1)
(the Fair Labor Standards Act of 1938), without regard to
any exception; or
(B) the state minimum wage (IC 22-2-2).
SEA 371 — CC 1
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SECTION 3. IC 22-4-2-42 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 42. As used in this article, "systematic and sustained
effort" means a high level of job search activity throughout the
given week, including the following:
(1) A plan of search for work which results in contacts with
hiring authorities or follows a prospective employer's hiring
procedure in addition to any search offered by organized
public and private agencies or union or private placement
offices or hiring halls.
(2) Actions comparable to actions by which jobs are being
found by people in the community and labor market, but not
restricted to a single manner of search for work.
(3) A search which includes all types of suitable work for the
individual's job prospects classification.
(4) A search by every claimant, without exception for
individuals or classes of individuals other than those in
approved training, as required under Section 3304(a)(8) of the
Internal Revenue Code of 1986 or Section 236(e) of the Trade
Act of 1974.
(5) A search suspended only when severe weather conditions
or other calamity forces suspension of the activities by most
members of the community.
(6) The individual, while classified by the department as
having good job prospects, if the individual normally obtains
customary work through a hiring hall, shall search for any
suitable work.
SECTION 4. IC 22-4-2-43 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2025]: Sec. 43. As used in this article, "tangible evidence of an
active search" means a written record that:
(1) can be verified; and
(2) includes the:
(A) actions taken to search for work;
(B) methods of applying for work;
(C) type of work sought;
(D) dates and places where work was sought;
(E) name of the employer or person who was contacted in
regard to the search for work; and
(F) outcome of the contact described in clause (E).
SECTION 5. IC 22-4-8-2, AS AMENDED BY P.L.175-2009,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
SEA 371 — CC 1
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JULY 1, 2025]: Sec. 2. The term "employment" shall include:
(a) An individual's entire service performed within or both within
and without Indiana if the service is localized in Indiana.
(b) An individual's entire service performed within or both within
and without Indiana if the service is not localized in any state, but some
of the service is performed in Indiana and:
(1) the base of operations, or, if there is no base of operations,
then the place from which such service is directed or controlled
is in Indiana;
(2) the base of operations or place from which such service is
directed or controlled is not in any state in which some part of the
service is performed but the individual's residence is in Indiana;
or
(3) such service is not covered under the unemployment
compensation law of any other state or Canada, and the place
from which the service is directed or controlled is in Indiana.
(c) Services not covered under subsections (a) and (b) and
performed entirely without Indiana, with respect to no part of which
contributions are required and paid under an unemployment
compensation law of any other state or of the United States, shall be
deemed to be employment subject to this article if the department
approves the election of the individual performing such services and
the employing unit for which such services are performed, that the
entire services of such individual shall be deemed to be employment
subject to this article.
(d) Services covered by an election duly approved by the
department, in accordance with an agreement pursuant to IC 22-4-22-1
through IC 22-4-22-5, shall be deemed to be employment during the
effective period of such election.
(e) Service shall be deemed to be localized within a state if:
(1) the service is performed entirely within such state; or
(2) the service is performed both within and without such state,
but the service performed without such state is incidental to the
individual's service within the state, such as is temporary or
transitory in nature or consists of isolated transactions.
(f) Periods of vacation with pay or leave with pay, other than
military leave granted or given to an individual by an employer.
(g) Notwithstanding any other provisions of this article, the term
employment shall also include all services performed by an officer or
member of the crew of an American vessel or American aircraft, on or
in connection with such vessel or such aircraft, provided that the
operating office, from which the operations of such vessel operating on
SEA 371 — CC 1
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navigable waters within or the operations of such aircraft within, or the
operation of such vessel or aircraft within and without the United States
are ordinarily and regularly supervised, managed, directed, and
controlled, is within this state.
(h) Services performed for an employer which is subject to
contribution solely by reason of liability for any federal tax against
which credit may be taken for contributions paid into a state
unemployment compensation fund.
(i) The following:
(1) Service performed after December 31, 1971, by an individual
in the employ of this state or any of its instrumentalities (or in the
employ of this state and one (1) or more other states or their
instrumentalities) for a hospital or eligible postsecondary
educational institution located in Indiana.
(2) Service performed after December 31, 1977, by an individual
in the employ of this state or a political subdivision of the state or
any instrumentality of the state or a political subdivision, or any
instrumentality which is wholly owned by the state and one (1) or
more other states or political subdivisions, if the service is
excluded from "employment" as defined in Section 3306(c)(7) of
the Federal Unemployment Tax Act (26 U.S.C. 3306(c)(7)).
However, service performed after December 31, 1977, as the
following is excluded:
(A) An elected official.
(B) A member of a legislative body or of the judiciary of a
state or political subdivision.
(C) A member of the state national guard or air national guard.
(D) An employee serving on a temporary basis in the case of
fire, snow, storm, earthquake, flood, or similar emergency.
(E) An individual in a position which, under the laws of the
state, is designated as:
(i) a major nontenured policymaking or advisory position; or
(ii) a policymaking or advisory position the performance of
the duties of which ordinarily does not require more than
eight (8) hours per week.
(3) Service performed after March 31, 1981, by an individual
whose service is part of an unemployment work relief or work
training program assisted or financed in whole by any federal
agency or an agency of this state or a political subdivision of this
state, by an individual receiving such work relief or work training
is excluded.
(j) Service performed after December 31, 1971, by an individual in
SEA 371 — CC 1
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the employ of a religious, charitable, educational, or other organization,
but only if the following conditions are met:
(1) The service is excluded from "employment" as defined in the
Federal Unemployment Tax Act solely by reason of Section
3306(c)(8) of that act (26 U.S.C. 3306(c)(8)).
(2) The organization had four (4) or more individuals in
employment, within the state of Indiana, for some portion of a
day in each of twenty (20) different weeks, whether or not such
weeks were consecutive, within either the current or preceding
calendar year, regardless of whether they were employed at the
same moment of time.
(3) For the purposes of subdivisions (1) and (2), the term
"employment" does not apply to service performed as follows:
(A) In the employ of:
(i) a church or convention or association of churches; or
(ii) an organization which is operated primarily for religious
purposes and which is operated, supervised, controlled, or
principally supported by a church or convention or
association of churches.
(B) By a duly ordained, commissioned, or licensed minister of
a church in the exercise of his ministry or by a member of a
religious order in the exercise of duties required by such order.
(C) Before January 1, 1978, in the employ of a school which
is not an eligible postsecondary educational institution.
(D) In a facility conducted for the purpose of carrying out a
program of rehabilitation for individuals whose earning
capacity is impaired by age or physical or mental deficiency or
injury or providing remunerative work for individuals who
because of their impaired physical or mental capacity cannot
be readily absorbed in the competitive labor market by an
individual receiving such rehabilitation or remunerative work.
(E) As part of an unemployment work relief or work training
program assisted or financed in whole or in part by any federal
agency or an agency of a state or political subdivision thereof,
by an individual receiving such work relief or work training.
(k) The service of an individual who is a citizen of the United
States, performed outside the United States (except in Canada), after
December 31, 1971, in the employ of an American employer (other
than service which is deemed "employment" under the provisions of
subsection (a), (b), or (e) or the parallel provisions of another state's
law), if the following apply:
(1) The employer's principal place of business in the United States
SEA 371 — CC 1
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is located in this state.
(2) The employer has no place of business in the United States,
but the employer is:
(A) an individual who is a resident of this state;
(B) a corporation which is organized under the laws of this
state;
(C) a partnership, limited liability partnership, or a trust and
the number of the partners or trustees who are residents of this
state is greater than the number who are residents of any one
(1) other state; or
(D) an association, a joint venture, an estate, a limited liability
company, a joint stock company, or an insurance company
(referred to as an "entity" in this clause), and either:
(i) the entity is organized under the laws of this state; or
(ii) the number of owners, members, or beneficiaries who
are residents of this state is greater than the number who are
residents of any one (1) other state.
(3) None of the criteria of subdivisions (1) and (2) is met but the
employer has elected coverage in this state or, the employer
having failed to elect coverage in any state, the individual has
filed a claim for benefits, based on such service, under the law of
this state.
(4) An "American employer," for purposes of this subsection,
means:
(A) an individual who is a resident of the United States;
(B) a partnership or limited liability partnership, if two-thirds
(2/3) or more of the partners are residents of the United States;
(C) a trust, if all of the trustees are residents of the United
States; or
(D) a corporation, an association, a joint venture, an estate, a
limited liability company, a joint stock company, or an
insurance company organized or established under the laws of
the United States or of any state.
(l) The term "employment" also includes the following:
(1) Service performed after December 31, 1977, by an individual
in agricultural labor (as defined in section 3(c) of this chapter)
when the service is performed for an employing unit which:
(A) during any calendar quarter in either the current or
preceding calendar year paid cash remuneration of twenty
thousand dollars ($20,000) or more to individuals employed in
agricultural labor; or
(B) for some portion of a day in each of twenty (20) different
SEA 371 — CC 1
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calendar weeks, whether or not the weeks were consecutive, in
either the current or the preceding calendar year, employed in
agricultural labor ten (10) or more individuals, regardless of
whether they were employed at the same time.
(2) For the purposes of this subsection, any individual who is a
member of a crew furnished by a crew leader to perform service
in agricultural labor for any other person shall be treated as an
employee of the crew leader:
(A) if the crew leader holds a valid certificate of registration
under the Farm Labor Contractor Registration Act of 1963, or
substantially all the members of the crew operate or maintain
tractors, mechanized harvesting or crop dusting equipment, or
any other mechanized equipment, which is provided by the
crew leader; and
(B) if the individual is not an employee of another person
within the meaning of section 1 of this chapter.
(3) For the purposes of subdivision (1), in the case of an
individual who is furnished by a crew leader to perform service
in agricultural labor for any other person and who is not treated as
an employee of the crew leader under subdivision (2):
(A) the other person and not the crew leader shall be treated as
the employer of the individual; and
(B) the other person shall be treated as having paid cash
remuneration to the individual in an amount equal to the
amount of cash remuneration paid to the individual by the
crew leader (either on the individual's own behalf or on behalf
of the other person) for the service in agricultural labor
performed for the other person.
(4) For the purposes of this subsection, the term "crew leader"
means an individual who:
(A) furnishes individuals to perform service in agricultural
labor for any other person;
(B) pays (either on the individual's own behalf or on behalf of
the other person) the agricultural laborers furnished by the
individual for the service in agricultural labor performed by
them; and
(C) has not entered into a written agreement with the other
person under which the individual is designated as an
employee of the other person.
(m) The term "employment" includes domestic service after
December 31, 1977, in a private home, local college club, or local
chapter of a college fraternity or sorority performed for a person who
SEA 371 — CC 1
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paid cash remuneration of one thousand dollars ($1,000) or more after
December 31, 1977, in the current calendar year or the preceding
calendar year to individuals employed in the domestic service in any
calendar quarter.
SECTION 6. IC 22-4-11-2, AS AMENDED BY P.L.171-2016,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) Except as provided in IC 22-4-10-6 and
IC 22-4-11.5, the department shall for each year determine the
contribution rate applicable to each employer.
(b) The balance shall include contributions with respect to the
period ending on the computation date and actually paid on or before
July 31 immediately following the computation date and benefits
actually paid on or before the computation date and shall also include
any voluntary payments made in accordance with IC 22-4-10-5 or
IC 22-4-10-5.5 (repealed):
(1) for each calendar year, an employer's rate shall be determined
in accordance with the rate schedules in section 3.3 or 3.5 of this
chapter; and
(2) for each calendar year, an employer's rate shall be two and
five-tenths percent (2.5%), except as otherwise provided in
subsection (g) or IC 22-4-37-3, unless:
(A) the employer has been subject to this article throughout
the thirty-six (36) consecutive calendar months immediately
preceding the computation date;
(B) there has been some annual payroll in each of the three (3)
twelve (12) month periods immediately preceding the
computation date; and
(C) the employer has properly filed all required contribution
and wage reports, and all contributions, penalties, and interest
due and owing by the employer or the employer's predecessors
have been paid.
(c) In addition to the conditions and requirements set forth and
provided in subsection (b)(2)(A), (b)(2)(B), and (b)(2)(C), an
employer's rate is equal to the sum of the employer's contribution rate
determined or estimated by the department under this article plus two
percent (2%) unless all required contributions and wage reports have
been filed within thirty-one (31) days following the computation date
and all contributions, penalties, and interest due and owing by the
employer or the employer's predecessor for periods before and
including the computation date have been paid:
(1) within thirty-one (31) days following the computation date; or
(2) within ten (10) days after the department has given the
SEA 371 — CC 1
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employer a written notice by registered mail to the employer's last
known address of:
(A) the delinquency; or
(B) failure to file the reports;
whichever is the later date. The department or the department's
designee may waive the imposition of rates under this subsection if the
department finds the employer's failure to meet the deadlines was for
excusable cause. The department shall give written notice to the
employer before this additional condition or requirement shall apply.
An employer's rate under this subsection may not exceed twelve
percent (12%).
(d) However, if the employer is the state or a political subdivision
of the state or any instrumentality of a state or a political subdivision,
or any instrumentality which is wholly owned by the state and one (1)
or more other states or political subdivisions, the employer may
contribute at a rate of one and six-tenths percent (1.6%) until it has
been subject to this article throughout the thirty-six (36) consecutive
calendar months immediately preceding the computation date.
(e) On the computation date every employer who had taxable wages
in the previous calendar year shall have the employer's experience
account charged with the amount determined under the following
formula:
STEP ONE: Divide:
(A) the employer's taxable wages for the preceding calendar
year; by
(B) the total taxable wages for the preceding calendar year.
STEP TWO: Subtract:
(A) the amount described in IC 22-4-10-4.5(e)(2), if any; from
(B) the total amount of benefits charged to the fund under
section 1 of this chapter.
STEP THREE: Multiply the quotient determined under STEP
ONE by the difference determined under STEP TWO.
(f) One (1) percentage point of the rate imposed under subsection
(c), or the amount of the employer's payment that is attributable to the
increase in the contribution rate, whichever is less, shall be imposed as
a penalty that is due and shall be deposited upon collection into the
special employment and training services fund established under
IC 22-4-25-1. The remainder of the contributions paid by an employer
pursuant to the maximum rate shall be:
(1) considered a contribution for the purposes of this article; and
(2) deposited in the unemployment insurance benefit fund
established under IC 22-4-26.
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(g) Except as otherwise provided in IC 22-4-37-3, this subsection,
instead of subsection (b)(2), applies to an employer in the construction
industry. As used in the subsection, "construction industry" means
business establishments whose proper primary classification in the
current edition of the North American Industry Classification System
Manual - United States, published by the National Technical
Information Service of the United States Department of Commerce is
23 (construction). For each calendar year beginning after December 31,
2013, an employer's rate shall be equal to the lesser of four percent
(4%) or the average of the contribution rates paid by all employers in
the construction industry subject to this article during the twelve (12)
months preceding the computation date, unless:
(1) the employer has been subject to this article throughout the
thirty-six (36) consecutive calendar months immediately
preceding the computation date;
(2) there has been some annual payroll in each of the three (3)
twelve (12) month periods immediately preceding the
computation date; and
(3) the employer has properly filed all required contribution and
wage reports, and all contributions, penalties, and interest due and
owing by the employer or the employer's predecessors have been
paid.
(h) The department shall satisfy the notice requirement in
subsection (c) by sending:
(1) physical mail to the employer's last known address; or
(2) electronic mail to an electronic mail address provided to
the department by the employer or a representative of the
employer.
However, if electronic mail is used and the department does not
receive a receipt or electronic confirmation within five (5) days of
transmission, the notice is insufficient and notice must be sent by
physical mail as soon as practicable.
SECTION 7. IC 22-4-12-4, AS AMENDED BY P.L.171-2016,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: 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
SEA 371 — CC 1
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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 (including dependents' allowances)
which were payable to the individual under this article in the applicable
benefit year, or thirteen (13) times the weekly benefit amount
(including dependents' allowances) 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 claim or a state unemployment insurance claim after
June 1, 1990, and before June 2, 1991, or during another time specified
in another state statute. An individual is entitled to thirteen (13) weeks
of additional benefits, as originally determined, if:
(1) the individual has established:
(A) a disaster unemployment 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 22-4-2-34(d)(1) 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
SEA 371 — CC 1
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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 22-4-2-34(n)(1) 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.
SECTION 8. IC 22-4-13-1, AS AMENDED BY P.L.34-2021,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Whenever an individual receives benefits or
extended benefits to which the individual is not entitled under this
article or the unemployment insurance law of the United States, the
department shall establish that an overpayment has occurred by issuing
a determination of eligibility and shall establish the amount of the
overpayment. For an overpayment described in:
(1) subsections (c) and (d), the department has four (4) years from
the date of the department's discovery of the overpayment to send
SEA 371 — CC 1
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notification to the individual of possible overpayment; and
(2) subsection (e), the department has four (4) years from the date
of the overpayment to send notification to the individual of
possible overpayment.
(b) An individual described in subsection (a) is liable to repay the
established amount of the overpayment.
(c) Any individual who knowingly:
(1) fails to disclose amounts earned during any week in the
individual's waiting period, benefit period, or extended benefit
period;
(2) fails, or causes another to fail, to disclose a material fact; or
(3) falsifies, or causes another to falsify, a material fact;
that would disqualify the individual for benefits, reduce the individual's
benefits, or render the individual ineligible for benefits or extended
benefits, and as a result thereof has received any amount as benefits to
which the individual is not entitled under this article, shall be liable to
repay such amount, with interest at the rate of one-half percent (0.5%)
per month, to the department for the unemployment insurance benefit
fund or to have such amount deducted from any benefits otherwise
payable to the individual under this article.
(d) Any individual who fails to report wages received during a week
in which benefits were paid or because of the subsequent receipt of
income deductible from benefits which is allocable to the week or
weeks for which benefits were paid and as a result is not entitled to
such benefits under this article shall be liable to repay such amount to
the department for the unemployment insurance benefit fund or to have
such amount deducted from any benefits otherwise payable to the
individual under this article.
(e) An individual who for any reason not described in subsection (c)
or (d) has received any amount as benefits to which the individual is
not entitled under this article is liable to repay that amount to the
department for the unemployment insurance benefit fund or to have
that amount deducted from any benefits otherwise payable to the
individual under this article.
(f) When benefits are paid to an individual who was eligible or
qualified to receive such payments, but when such payments are made
because of the failure of representatives or employees of the
department to transmit or communicate to such individual notice of
suitable work offered, through the department, to such individual by an
employing unit, then and in such cases, the individual shall not be
required to repay or refund amounts so received, but such payments
shall be deemed to be benefits improperly paid.
SEA 371 — CC 1
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(g) Where it is finally determined by a deputy, an administrative law
judge, the review board, or a court of competent jurisdiction that an
individual has received benefits to which the individual is not entitled
under this article, the department shall relieve the affected employer's
experience account of any benefit charges directly resulting from such
overpayment, except as provided under IC 22-4-11-1.5. However, an
employer's experience account will not be relieved of the charges
resulting from an overpayment of benefits which has been created by
a retroactive payment by such employer directly or indirectly to the
claimant for a period during which the claimant claimed and was paid
benefits unless the employer reports such payment by the end of the
calendar quarter following the calendar quarter in which the payment
was made or unless and until the overpayment has been collected.
Those employers electing to make payments in lieu of contributions
shall not have their account relieved as the result of any overpayment
unless and until such overpayment has been repaid to the
unemployment insurance benefit fund.
(h) Where any individual is liable to repay any amount to the
department for the unemployment insurance benefit fund for the
restitution of benefits to which the individual is not entitled under this
article, the amount due may be collectible without interest, except as
otherwise provided in subsection (c), by civil action in the name of the
state of Indiana, on relation of the department, which remedy by civil
action shall be in addition to all other existing remedies and to the
methods for collection provided in this article. The department must
commence a civil action as described in this subsection not later than
ten (10) years following the date the determination of eligibility
becomes final, including the exhaustion of all appeals.
(i) Except as provided in subsection (l), liability for repayment of
benefits paid to an individual (other than an individual employed by an
employer electing to make payments in lieu of contributions) for any
week may be waived upon the request of the individual if:
(1) the benefits were received by the individual without fault of
the individual;
(2) the benefits were the result of payments made:
(A) during the pendency of an appeal before an administrative
law judge or the review board under IC 22-4-17 under which
the individual is determined to be ineligible for benefits; or
(B) because of an error by the employer or the department; and
(3) repayment would cause economic hardship to the individual.
(1) payment of the benefits was without fault of the individual,
regardless of intent; and
SEA 371 — CC 1
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(2) repayment would be contrary to equity and good
conscience.
(j) An individual's repayment of an overpayment is contrary to
equity and good conscience under subsection (i) when the
individual's combined household gross income is sixty-five percent
(65%) or less of the current Federal Poverty Guidelines for a
household of the individual's household size for the first two (2) of
the last three (3) completed calendar quarters before the date the
waiver request is reviewed.
(k) The following apply to subsection (j):
(1) The size of the household is calculated using the same time
period of the first two (2) of the last three (3) completed
calendar quarters.
(2) The individual's household consists of the individual as
well as the following persons, if they share the use of the
individual's dwelling:
(A) The individual's spouse or partner, a person the
individual has claimed or plans to claim as a dependent,
and a person the individual's spouse or partner has
claimed or plans to claim as a dependent.
(B) A military member away on active duty so long as the
military member:
(i) is the head or co-head of the household;
(ii) is the spouse of the individual; or
(iii) has left behind a spouse or dependent child in the
dwelling.
(C) A child who is:
(i) in joint custody agreements; and
(ii) in the dwelling at least fifty percent (50%) of the
time.
(l) A request for waiver under subsection (i) will not be
considered in the following circumstances:
(1) An overpayment of benefits paid under any state or
federal unemployment compensation law, which were due to
a final determination or decision made under:
(A) section 1.1(a) of this chapter; or
(B) any federal unemployment compensation law which
subjects individuals to prosecution under 18 U.S.C. 1001.
(2) An overpayment of benefits or extended benefits paid to an
individual employed by an employer electing to make
payments in lieu of contributions, except that this subdivision
does not apply to programs for which the employer is not
SEA 371 — CC 1
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chargeable for benefit payments.
(m) Beginning July 1, 2025, a request for waiver under
subsection (i) must be submitted:
(1) in a form and manner prescribed by the department; and
(2) within fifteen (15) days of the date the determination
creating the overpayment becomes final.
(n) If a request for waiver under subsection (i) is denied or
partially denied, the individual may submit a request for
reconsideration if the individual believes that there has been a
significant change in circumstances which would cause repayment
to be contrary to equity and good conscience. However, the
following apply to this subsection:
(1) At least six (6) months must have elapsed between the final
determination on the waiver request and the request for
reconsideration.
(2) No individual may submit more than two (2) requests for
reconsideration for a particular overpayment.
(o) Unless explicitly required by other state or federal
unemployment compensation law, no amounts paid toward an
overpayment of benefits that is subsequently waived will be
refunded.
SECTION 9. IC 22-4-14-2, AS AMENDED BY P.L.171-2016,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) An unemployed individual is eligible to
receive benefits with respect to any week only if the individual has:
(1) registered for work at an employment office or branch thereof
or other agency designated by the commissioner within the time
limits that the department by rule adopts; and
(2) subsequently reported with the frequency and in the manner,
either in person or in writing, that the department by rule adopts.
(b) Failure to comply with subsection (a) shall be excused by the
commissioner or the commissioner's authorized representative upon a
showing of good cause therefor. The department shall waive or alter the
requirements of this section as to such types of cases or situations that
compliance with such requirements would be oppressive.
(c) The department shall may provide job counseling or training to
an individual who remains unemployed for at least four (4) weeks.
receiving unemployment benefits. The manner and duration of the
counseling shall be determined by the department.
(d) An individual who is receiving benefits as determined under
IC 22-4-15-1(c)(8) is entitled to complete the reporting, counseling, or
training that must be conducted in person at a one stop center selected
SEA 371 — CC 1
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by the individual. The department shall advise an eligible individual
that this option is available.
(e) The department may waive the requirements of subsection (a)
for a week only when one (1) of the following applies to an individual
for that week:
(1) The individual is attending training or retraining approved by
the department.
(2) The individual is a job-attached worker with a specific recall
date that is not more than sixty (60) days after the individual's
separation date.
(3) The individual is using:
(A) a hiring service;
(B) a referral service; or
(C) another job placement service as determined by the
department.
SECTION 10. IC 22-4-14-3, AS AMENDED BY P.L.93-2024,
SECTION 157, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 3. (a) An individual who is
receiving benefits as determined under IC 22-4-15-1(c)(8) may restrict
the individual's availability because of the individual's need to address
the physical, psychological, or legal effects of being a victim of
domestic or family violence (as defined in IC 31-9-2-42).
(b) An unemployed individual shall be eligible to receive benefits
with respect to any week only if the individual:
(1) is physically and mentally able to work;
(2) is available for work;
(3) is found by the department to be making an effort to secure
full-time work; and
(4) participates in reemployment services and reemployment and
eligibility assessment activities as required by section 3.2 of this
chapter or when directed by the department as provided under
section sections 3.2 and 3.5 of this chapter, unless the department
determines that:
(A) the individual has completed the reemployment services;
or
(B) failure by the individual to participate in or complete the
reemployment services is excused by the director under
IC 22-4-14-2(b).
(c) For the purpose of this article, unavailability for work of an
individual exists in, but is not limited to, any case in which, with
respect to any week, it is found:
(1) that such individual is engaged by any unit, agency, or
SEA 371 — CC 1
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instrumentality of the United States, in charge of public works or
assistance through public employment, or any unit, agency, or
instrumentality of this state, or any political subdivision thereof,
in charge of any public works or assistance through public
employment;
(2) that such individual is in full-time active military service of
the United States, or is enrolled in civilian service as a
conscientious objector to military service;
(3) that such individual is suspended for misconduct in
connection with the individual's work; or
(4) that such individual is in attendance at a regularly established
public or private school during the customary hours of the
individual's occupation or is in any vacation period intervening
between regular school terms during which the individual is a
student. However, this subdivision does not apply to any
individual who is attending a regularly established school, has
been regularly employed and upon becoming unemployed makes
an effort to secure full-time work and is available for suitable
full-time work with the individual's last employer, or is available
for any other full-time employment deemed suitable.
(d) Notwithstanding any other provisions in this section or
IC 22-4-15-2, no otherwise eligible individual shall be denied benefits
for any week because the individual is in training with the approval of
the department, nor shall such individual be denied benefits with
respect to any week in which the individual is in training with the
approval of the department by reason of the application of the
provisions of this section with respect to the availability for work or
active search for work or by reason of the application of the provisions
of IC 22-4-15-2 relating to failure to apply for, or the refusal to accept,
suitable work. The department shall by rule prescribe the conditions
under which approval of such training will be granted.
(e) Notwithstanding subsection (b), (c), or (d), or IC 22-4-15-2, an
otherwise eligible individual shall not be denied benefits for any week
or determined not able, available, and actively seeking work, because
the individual is responding to a summons for jury service. The
individual shall:
(1) obtain from the court proof of the individual's jury service;
and
(2) provide to the department, in the manner the department
prescribes by rule, proof of the individual's jury service.
(f) If an otherwise eligible individual is unable to work or
unavailable for work on any normal work day of the week, the
SEA 371 — CC 1
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individual shall be eligible to receive benefits with respect to such
week reduced by one-third (1/3) of the individual's weekly benefit
amount for each day of such inability to work or unavailability for
work.
(g) An individual has made an effort to secure full-time work with
respect to any week in which the individual has:
(1) completed activities directed by the department under sections
3.2 and 3.5 of this chapter;
(2) completed any work search activities as directed by the
department under rules adopted by the department; under
subsection (h); and
(3) affirmed the individual has made an effort to secure full-time
work.
(h) Not later than December 31, 2021, the department shall adopt
rules under IC 4-22-2 to define:
(1) the acceptable types of work search activities;
(2) the number of work search activities required to be completed
in any week;
(3) the requirements for producing documentation; and
(4) the requirement to apply to, and accept if offered, suitable jobs
referred by the department.
(i) The rules adopted by the department under subsection (h) shall:
(1) take into consideration whether an individual has a reasonable
assurance of reemployment and, if so, the length of the
prospective period of unemployment; and
(2) be consistent with the guidance provided by the United States
Department of Labor in Training and Employment Notice No.
17-19, dated February 10, 2020.
SECTION 11. IC 22-4-14-3.2, AS ADDED BY P.L.171-2016,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 3.2. (a) For purposes of section 3 of this chapter,
not later than the fourth sixth week after the week an individual begins
receiving benefits but not earlier than the fourth week after the
week an individual begins receiving benefits, the individual must be
scheduled to visit and receive an orientation to the services available
through a one stop center (as defined by IC 22-4.1-1-5). The individual
must appear when scheduled, but in any event, the individual's
orientation must be completed not later than the sixth week after the
week the individual begins receiving benefits.
(b) The department may waive the requirements of subsection (a):
only
(1) as determined by the department; or
SEA 371 — CC 1
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(2) when one (1) of the following applies to an individual:
(1) (A) The individual is attending training or retraining
approved by the department.
(2) (B) The individual is a job-attached worker with a specific
recall date that is not more than sixty (60) days after the
individual's separation date.
(3) (C) The individual is using:
(A) (i) a hiring service;
(B) (ii) a referral service; or
(C) (iii) another job placement service as determined by the
department.
(4) (D) The individual is receiving a supplemental
unemployment benefit under a contract or agreement.
SECTION 12. IC 22-4-14-6, AS AMENDED BY P.L.175-2009,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) An individual shall be eligible to receive
extended benefits with respect to any week of unemployment in the
individual's eligibility period only if the commissioner finds that with
respect to such week:
(1) the individual is an "exhaustee"; (as defined in
IC 22-4-2-34(j)); and
(2) the individual has satisfied the requirements of this article for
the receipt of regular benefits that are applicable to extended
benefits, including not being subject to a disqualification for the
receipt of benefits.
(b) If an individual has been disqualified from receiving extended
benefits for failure to actively engage in seeking work under
IC 22-4-15-2(c), the ineligibility shall continue for the week in which
the failure occurs and until the individual earns remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of four (4) weeks. For purposes of this
subsection, an individual shall be treated as actively engaged in seeking
work during any week if:
(1) the individual has engaged in a systematic and sustained effort
to obtain work during the week; and
(2) the individual provides tangible evidence to the department of
workforce development that the individual has engaged in an
effort to obtain work during the week.
(c) (b) For claims for extended benefits established after September
25, 1982, notwithstanding any other provision of this article, an
individual shall be eligible to receive extended benefits only if the
individual's insured wages in the base period with respect to which the
SEA 371 — CC 1
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individual exhausted all rights to regular compensation were equal to
or exceeded one and one-half (1 1/2) times the individual's insured
wages in that calendar quarter of the base period in which the
individual's insured wages were the highest.
SECTION 13. IC 22-4-14-6.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6.1. (a) The department shall
classify as:
(1) good; or
(2) not good;
a claimant for extended benefits's prospects for obtaining work in
the claimant's customary occupation within eight (8) weeks of
filing for extended benefits.
(b) Not later than the end of the week in which the initial claim
is filed, the department shall notify the claimant for extended
benefits of the following:
(1) The claimant's classification under subsection (a).
(2) What kind of jobs the claimant may be referred to.
(3) What kind of jobs the claimant must seek and accept.
(4) The evidence the claimant must furnish to the department
regarding the claimant's search for work.
(5) Any disqualifications that may result from failure to seek,
apply for, or accept suitable work.
The classification and requirements described in subdivisions (1)
through (5) are applicable beginning with the week following the
week in which the claimant is furnished written notice of the
classification and requirements.
(c) If a claimant for extended benefits is classified as having
good prospects under subsection (a), but those prospects are not
realized by the close of the eighth week following the week in which
the claimant was furnished written notice of the claimant's
prospects, the department shall reclassify the claimant's prospects
as not good unless the claimant furnishes to the department
satisfactory evidence that the claimant's prospects are good.
(d) Any determination or classification of job prospects of a
claimant for extended benefits is mutually exclusive and only one
(1) classification may be applied to a claimant as to any failure to
seek, apply for, or accept suitable work with respect to any week.
(e) Whenever the department makes a determination of benefit
eligibility with respect to a claimant for extended benefits's failure
to seek, apply for, or accept suitable work, the determination must:
(1) include a finding as to the claimant's job prospects at the
SEA 371 — CC 1
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time the issue arose; and
(2) explain how the claimant's job prospects relate to the
decision to allow or deny benefits.
SECTION 14. IC 22-4-14-6.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6.3. The department shall refer
a claimant for extended benefits to suitable work, beginning with
the week following the week in which the claimant is furnished
written notice under section 6.1(b) of this chapter, and continuing
for each week as long as the claimant claims extended benefits.
SECTION 15. IC 22-4-14-6.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6.5. If a claimant for extended
benefits:
(1) fails to accept an offer of suitable work; or
(2) fails to apply for suitable work to which the claimant is
referred;
the claimant is ineligible for extended benefits for the week in
which the failure occurred and each subsequent week, unless the
claimant earns remuneration in employment equal to or exceeding
the weekly benefit amount of the individual's claim in each of four
(4) weeks.
SECTION 16. IC 22-4-14-6.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6.7. (a) A claimant for extended
benefits shall:
(1) make a systematic and sustained effort to search for
suitable work; and
(2) furnish to the department tangible evidence of an active
search for suitable work;
beginning with the week following the week in which the claimant
is furnished written notice under section 6.1(b) of this chapter, and
continuing for each week as long as the claimant claims extended
benefits.
(b) Except as provided in subsection (c), if a claimant for
extended benefits fails to:
(1) search for suitable work; or
(2) furnish tangible evidence of an active search for suitable
work;
the claimant is ineligible for the week in which the failure occurred
and each subsequent week, unless the claimant earns remuneration
in employment equal to or exceeding the weekly benefit amount of
SEA 371 — CC 1
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the individual's claim in each of four (4) weeks.
(c) A claimant for extended benefits who fails to engage in a
systematic and sustained search for suitable work in any week
because the individual is serving on jury duty may be eligible for
extended benefits if the claimant takes the actions described in
section 3(e) of this chapter.
SECTION 17. IC 22-4-14-6.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 6.9. (a) With respect to benefits
for weeks of unemployment beginning after August 13, 1981, an
extended benefit period begins with the third week after a week for
which there is a state "on" indicator and ends with the later of the
following:
(1) The third week after the first week for which there is a
state "off" indicator.
(2) The thirteenth consecutive week of such period.
(b) However, no extended benefit period may begin by reason of
a state "on" indicator before the fourteenth week following the end
of a prior extended benefit period which was in effect with respect
to this state.
(c) There is a state "on" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States Secretary of Labor, that for the period consisting of
such week and the immediately preceding twelve (12) weeks, the
rate of insured unemployment (not seasonally adjusted) under this
article:
(1) equaled or exceeded one hundred twenty percent (120%)
of the average of such rates for the corresponding thirteen
(13) week period ending in each of the preceding two (2)
calendar years; and
(2) equaled or exceeded five percent (5%).
However, the determination of whether there has been a state "on"
or "off" indicator beginning or ending any extended benefit period
shall be made under this subsection as if it did not contain
subdivision (1) if the insured unemployment rate is at least six
percent (6%). Any week for which there would otherwise be a state
"on" indicator shall continue to be such a week and may not be
determined to be a week for which there is a state "off" indicator.
(d) In addition to the test for a state "on" indicator under
subsection (c), there is a state "on" indicator for this state for a
week if:
(1) the average rate of total unemployment in Indiana,
SEA 371 — CC 1
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seasonally adjusted, as determined by the United States
Secretary of Labor, for the period consisting of the most
recent three (3) months for which data for all states are
published before the close of the week, equals or exceeds six
and five-tenths percent (6.5%); and
(2) the average rate of total unemployment in Indiana,
seasonally adjusted, as determined by the United States
Secretary of Labor, for the three (3) month period referred to
in subdivision (1) equals or exceeds one hundred ten percent
(110%) of the average for either or both of the corresponding
three (3) month periods ending in the two (2) preceding
calendar years.
There is a state "off" indicator for a week if either of the
requirements in subdivisions (1) and (2) are not satisfied. However,
any week for which there would otherwise be a state "on"
indicator under this section continues to be subject to the "on"
indicator and shall not be considered a week for which there is a
state "off" indicator. 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) There is a state "off" indicator for this state for a week if the
commissioner determines, in accordance with the regulations of the
United States Secretary of Labor, that for the period consisting of
such week and the immediately preceding twelve (12) weeks, the
requirements of subsection (c) have not been met.
(f) With respect to compensation for 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 addition to
the tests for a state "on" indicator under subsections (c) and (d),
there is a state "on" indicator for a week if:
(1) the average rate of insured unemployment for the period
consisting of the week and the immediately preceding twelve
(12) weeks equals or exceeds five percent (5%); and
(2) the average rate of insured unemployment for the period
consisting of the week and the immediately preceding twelve
SEA 371 — CC 1
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(12) weeks equals or exceeds one hundred twenty percent
(120%) of the average rates of insured unemployment for the
corresponding thirteen (13) week period ending in each of the
preceding three (3) calendar years.
(g) There is a state "off" indicator for a week based on the rate
of insured unemployment only if the rate of insured unemployment
for the period consisting of the week and the immediately
preceding twelve (12) weeks does not result in an "on" indicator
under subsection (c)(1).
(h) With respect to compensation for 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 addition to
the tests for a state "on" indicator under subsections (c) and (d),
there is a state "on" indicator for a week if:
(1) the average rate of total unemployment (seasonally
adjusted), as determined by the United States Secretary of
Labor, for the period consisting of the most recent three (3)
months for which data for all states are published before the
close of the week equals or exceeds six and one-half percent
(6.5%); and
(2) the average rate of total unemployment in Indiana
(seasonally adjusted), as determined by the United States
Secretary of Labor, for the three (3) month period referred to
in subdivision (1) equals or exceeds one hundred ten percent
(110%) of the average for any or all of the corresponding
three (3) month periods ending in the three (3) preceding
calendar years.
(i) There is a state "off" indicator for a week based on the rate
of total unemployment only if the rate of total unemployment for
the period consisting of the most recent three (3) months for which
data for all states are published before the close of the week does
not result in an "on" indicator under subsection (d)(1).
SECTION 18. IC 22-4-15-1, AS AMENDED BY P.L.117-2023,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Regarding an individual's most recent
separation from employment before filing an initial or additional claim
for benefits, an individual who voluntarily left the employment without
good cause in connection with the work or was discharged from the
SEA 371 — CC 1
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employment for just cause is ineligible for waiting period or benefit
rights for the week in which the disqualifying separation occurred and
until:
(1) the individual has earned remuneration in employment in at
least eight (8) weeks; and
(2) the remuneration earned equals or exceeds the product of the
weekly benefit amount multiplied by eight (8).
If the qualification amount has not been earned at the expiration of an
individual's benefit period, the unearned amount shall be carried
forward to an extended benefit period or to the benefit period of a
subsequent claim.
(b) When it has been determined that an individual has been
separated from employment under disqualifying conditions as outlined
in this section, the maximum benefit amount of the individual's current
claim, as initially determined, shall be reduced by an amount
determined as follows:
(1) For the first separation from employment under disqualifying
conditions, the maximum benefit amount of the individual's
current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second separation from employment under
disqualifying conditions, the maximum benefit amount of the
individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent separation from employment
under disqualifying conditions, the maximum benefit amount of
the individual's current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(c) The disqualifications provided in this section shall be subject to
the following modifications:
SEA 371 — CC 1
32
(1) An individual shall not be subject to disqualification because
of separation from the individual's employment if:
(A) the individual left to accept with another employer
previously secured permanent full-time work which offered
reasonable expectation of continued covered employment and
betterment of wages or working conditions and thereafter was
employed on said job;
(B) having been simultaneously employed by two (2)
employers, the individual leaves one (1) such employer
voluntarily without good cause in connection with the work
but remains in employment with the second employer with a
reasonable expectation of continued employment; or
(C) the individual left to accept recall made by a base period
employer.
(2) An individual whose unemployment is the result of medically
substantiated physical disability and who is involuntarily
unemployed after having made reasonable efforts to maintain the
employment relationship shall not be subject to disqualification
under this section for such separation.
(3) An individual who left work to enter the armed forces of the
United States shall not be subject to disqualification under this
section for such leaving of work.
(4) An individual whose employment is terminated under the
compulsory retirement provision of a collective bargaining
agreement to which the employer is a party, or under any other
plan, system, or program, public or private, providing for
compulsory retirement and who is otherwise eligible shall not be
deemed to have left the individual's work voluntarily without
good cause in connection with the work. However, if such
individual subsequently becomes reemployed and thereafter
voluntarily leaves work without good cause in connection with the
work, the individual shall be deemed ineligible as outlined in this
section.
(5) An otherwise eligible individual shall not be denied benefits
for any week because the individual is in training approved under
Section 236(a)(1) of the Trade Act of 1974, nor shall the
individual be denied benefits by reason of leaving work to enter
such training, provided the work left is not suitable employment,
or because of the application to any week in training of provisions
in this law (or any applicable federal unemployment
compensation law), relating to availability for work, active search
for work, or refusal to accept work. For purposes of this
SEA 371 — CC 1
33
subdivision, the term "suitable employment" means with respect
to an individual, work of a substantially equal or higher skill level
than the individual's past adversely affected employment (as
defined for purposes of the Trade Act of 1974), and wages for
such work at not less than eighty percent (80%) of the individual's
average weekly wage as determined for the purposes of the Trade
Act of 1974.
(6) An individual is not subject to disqualification because of
separation from the individual's employment if:
(A) the employment was outside the individual's labor market;
(B) the individual left to accept previously secured full-time
work with an employer in the individual's labor market; and
(C) the individual actually became employed with the
employer in the individual's labor market.
(7) An individual who, but for the voluntary separation to move
to another labor market to join a spouse who had moved to that
labor market, shall not be disqualified for that voluntary
separation, if the individual is otherwise eligible for benefits.
Benefits paid to the spouse whose eligibility is established under
this subdivision shall not be charged against the employer from
whom the spouse voluntarily separated.
(8) An individual shall not be subject to disqualification if the
individual voluntarily left employment or was discharged due to
circumstances directly caused by domestic or family violence (as
defined in IC 31-9-2-42). An individual who may be entitled to
benefits based on this modification may apply to the office of the
attorney general under IC 5-26.5 to have an address designated by
the office of the attorney general to serve as the individual's
address for purposes of this article.
(9) An individual shall not be subject to disqualification if the
individual:
(A) has requested an exemption from an employer's
COVID-19 immunization requirement;
(B) has complied with the requirements set forth in
IC 22-5-4.6; and
(C) was discharged from employment for failing or refusing to
receive an immunization against COVID-19.
As used in this subsection, "labor market" means the area surrounding
an individual's permanent residence, outside which the individual
cannot reasonably commute on a daily basis. In determining whether
an individual can reasonably commute under this subdivision, the
department shall consider the nature of the individual's job.
SEA 371 — CC 1
34
(d) "Discharge for just cause" as used in this section is defined to
include but not be limited to:
(1) separation initiated by an employer for falsification of an
employment application to obtain employment through
subterfuge;
(2) knowing violation of a reasonable and uniformly enforced rule
of an employer, including a rule regarding attendance;
(3) if an employer does not have a rule regarding attendance, an
individual's unsatisfactory attendance, if good cause for absences
or tardiness is not established;
(4) damaging the employer's property through willful negligence;
and wanton misconduct;
(5) refusing to obey instructions;
(6) reporting to work under the influence of alcohol or drugs or
consuming alcohol or drugs on employer's premises during
working hours;
(7) (6) conduct endangering safety of self or coworkers;
(8) (7) incarceration in jail following conviction of a
misdemeanor or felony by a court of competent jurisdiction; or
(9) (8) any breach of duty in connection with work which is
reasonably owed an employer by an employee.
(e) To verify that domestic or family violence has occurred, an
individual who applies for benefits under subsection (c)(8) shall
provide one (1) of the following:
(1) A report of a law enforcement agency (as defined in
IC 10-13-3-10).
(2) A protection order issued under IC 34-26-5.
(3) A foreign protection order (as defined in IC 34-6-2-48.5).
(4) An affidavit from a domestic violence service provider
verifying services provided to the individual by the domestic
violence service provider.
SECTION 19. IC 22-4-15-2, AS AMENDED BY P.L.183-2015,
SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) With respect to benefit periods established
on and after July 3, 1977, an individual is ineligible for waiting period
or benefit rights, or extended benefit rights, if the department finds that,
being totally, partially, or part-totally unemployed at the time when the
work offer is effective or when the individual is directed to apply for
work, the individual fails without good cause:
(1) to apply for available, suitable work when directed by the
commissioner, the deputy, or an authorized representative of the
department of workforce development or the United States
SEA 371 — CC 1
35
training and employment service;
(2) to accept, at any time after the individual is notified of a
separation, suitable work when found for and offered to the
individual by the commissioner, the deputy, or an authorized
representative of the department of workforce development or the
United States training and employment service, or an employment
unit; or
(3) to return to the individual's customary self-employment when
directed by the commissioner or the deputy.
(b) With respect to benefit periods established on and after July 6,
1980, the ineligibility shall continue for the week in which the failure
occurs and until the individual earns:
(1) remuneration in employment in at least each of eight (8)
weeks; and
(2) remuneration equal to or exceeding the product of the
individual's weekly benefit amount multiplied by eight (8).
If the qualification amount has not been earned at the expiration of an
individual's benefit period, the unearned amount shall be carried
forward to an extended benefit period or to the benefit period of a
subsequent claim.
(c) With respect to extended benefit periods established on and after
July 5, 1981, the ineligibility shall continue for the week in which the
failure occurs and until the individual earns remuneration in
employment equal to or exceeding the weekly benefit amount of the
individual's claim in each of four (4) weeks.
(d) If an individual failed to apply for or accept suitable work as
outlined in this section, the maximum benefit amount of the
individual's current claim, as initially determined, shall be reduced by
an amount determined as follows:
(1) For the first failure to apply for or accept suitable work, the
maximum benefit amount of the individual's current claim is
equal to the result of:
(A) the maximum benefit amount of the individual's current
claim, as initially determined; multiplied by
(B) seventy-five percent (75%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(2) For the second failure to apply for or accept suitable work, the
maximum benefit amount of the individual's current claim is
equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (1); multiplied by
SEA 371 — CC 1
36
(B) eighty-five percent (85%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(3) For the third and any subsequent failure to apply for or accept
suitable work, the maximum benefit amount of the individual's
current claim is equal to the result of:
(A) the maximum benefit amount of the individual's current
claim determined under subdivision (2); multiplied by
(B) ninety percent (90%);
rounded (if not already a multiple of one dollar ($1)) to the next
higher dollar.
(e) In determining whether or not any such work is suitable for an
individual, the department shall consider:
(1) the degree of risk involved to such individual's health, safety,
and morals;
(2) the individual's physical fitness and prior training and
experience;
(3) the individual's length of unemployment and prospects for
securing local work in the individual's customary occupation; and
(4) the distance of the available work from the individual's
residence.
However, work under substantially the same terms and conditions
under which the individual was employed by a base-period employer,
which is within the individual's prior training and experience and
physical capacity to perform, shall be considered to be suitable work
unless the claimant has made a bona fide change in residence which
makes such offered work unsuitable to the individual because of the
distance involved. During the fifth through the eighth consecutive week
of claiming benefits, work is not considered unsuitable solely because
the work pays not less than ninety percent (90%) of the individual's
prior weekly wage. After eight (8) consecutive weeks of claiming
benefits, work is not considered unsuitable solely because the work
pays not less than eighty percent (80%) of the individual's prior weekly
wage. However, work is not considered suitable under this section if
the work pays less than Indiana's minimum wage as determined under
IC 22-2-2. For an individual who is subject to section 1(c)(8) of this
chapter, the determination of suitable work for the individual must
reasonably accommodate the individual's need to address the physical,
psychological, legal, and other effects of domestic or family violence.
(f) Notwithstanding any other provisions of this article, no work
shall be considered suitable and benefits shall not be denied under this
article to any otherwise eligible individual for refusing to accept new
SEA 371 — CC 1
37
work under any of the following conditions:
(1) If the position offered is vacant due directly to a strike,
lockout, or other labor dispute.
(2) If the remuneration, hours, or other conditions of the work
offered are substantially less favorable to the individual than
those prevailing for similar work in the locality.
(3) If as a condition of being employed the individual would be
required to join a company union or to resign from or refrain from
joining a bona fide labor organization.
(4) If as a condition of being employed the individual would be
required to discontinue training into which the individual had
entered with the approval of the department.
(g) Notwithstanding subsection (e), with respect to extended benefit
periods established on and after July 5, 1981, "suitable work" means
any work which is within an individual's capabilities. However, if the
individual furnishes evidence satisfactory to the department that the
individual's prospects for obtaining work in the individual's customary
occupation within a reasonably short period are good, the
determination of whether any work is suitable work shall be made as
provided in subsection (e).
(h) With respect to extended benefit periods established on and after
July 5, 1981, no work shall be considered suitable and extended
benefits shall not be denied under this article to any otherwise eligible
individual for refusing to accept new work under any of the following
conditions:
(1) If the gross average weekly remuneration payable to the
individual for the position would not exceed the sum of:
(A) the individual's average weekly benefit amount for the
individual's benefit year; plus
(B) the amount (if any) of supplemental unemployment
compensation benefits (as defined in Section 501(c)(17)(D) of
the Internal Revenue Code) payable to the individual for such
week.
(2) If the position was not offered to the individual in writing or
was not listed with the department of workforce development.
(3) If such failure would not result in a denial of compensation
under the provisions of this article to the extent that such
provisions are not inconsistent with the applicable federal law.
(4) If the position pays wages less than the higher of:
(A) the minimum wage provided by 29 U.S.C. 206(a)(1) (the
Fair Labor Standards Act of 1938), without regard to any
exemption; or
SEA 371 — CC 1
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(B) the state minimum wage (IC 22-2-2).
(i) The department of workforce development shall refer individuals
eligible for extended benefits to any suitable work (as defined in
subsection (g)) to which subsection (h) would not apply.
(j) (g) An individual is considered to have refused an offer of
suitable work under subsection (a) if an offer of work is withdrawn by
an employer after an individual:
(1) tests positive for drugs after a drug test given on behalf of the
prospective employer as a condition of an offer of employment;
or
(2) refuses, without good cause, to submit to a drug test required
by the prospective employer as a condition of an offer of
employment.
(k) (h) The department's records concerning the results of a drug test
described in subsection (j) (g) may not be admitted against a defendant
in a criminal proceeding.
SECTION 20. IC 22-4-15-6.1, AS AMENDED BY P.L.121-2014,
SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6.1. (a) Notwithstanding any other provisions of
this article, all of the individual's wage credits established prior to the
day upon which the individual was discharged for gross misconduct in
connection with work are canceled.
(b) As used in this section, "gross misconduct" means any of the
following committed in connection with work, as determined by the
department by a preponderance of the evidence:
(1) A felony.
(2) A Class A misdemeanor.
(3) Working, or reporting for work, in a state of intoxication
caused by the individual's use of alcohol or a controlled substance
(as defined in IC 35-48-1-9), or consuming alcohol or a
controlled substance (as defined in IC 35-48-1-9) on the
employer's premises without employer permission.
(4) Battery on another individual while on the employer's property
or during working hours.
(5) Theft or embezzlement.
(6) Fraud.
(c) If evidence is presented that an action or requirement of the
employer may have caused the conduct that is the basis for the
employee's discharge, the conduct is not gross misconduct under this
section.
(d) Lawful conduct not otherwise prohibited by an employer is not
gross misconduct under this section.
SEA 371 — CC 1
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SECTION 21. IC 22-4-17-1, AS AMENDED BY P.L.175-2009,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. (a) Claims for benefits shall be made in
accordance with rules adopted by the department. The department shall
adopt reasonable procedures consistent with the provisions of this
article for the expediting of the taking of claims of individuals for
benefits in instances of mass layoffs by employers, the purpose of
which shall be to minimize the amount of time required for such
individuals to file claims upon becoming unemployed as the result of
such mass layoffs.
(b) Except when the result would be inconsistent with the other
provisions of this article, as provided in the rules of the department, the
provisions of this article which apply to claims for, or the payment of,
regular benefits shall apply to claims for, and the payment of, extended
benefits.
(c) Whenever an extended benefit period is to become effective in
this state as a result of a state "on" indicator, or an extended benefit
period is to be terminated in this state as a result of a state "off"
indicator, the commissioner shall make an appropriate public
announcement.
(d) Computations required by the provisions of IC 22-4-2-34(f)
described in IC 22-4-2-34(b) shall be made by the department in
accordance with regulations prescribed by the United States
Department of Labor.
(e) Each employer shall display and maintain in places readily
accessible to all employees posters concerning its regulations and shall
make available to each such individual at the time the individual
becomes unemployed printed benefit rights information furnished by
the department.
SECTION 22. IC 22-4-17-2, AS AMENDED BY P.L.122-2019,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 2. (a) When an individual files an initial claim, the
department shall promptly make a determination of the individual's
status as an insured worker. A notice of the determination of insured
status shall be furnished to the individual promptly. Each determination
shall be based on and include a statement showing the amount of wages
paid to the individual for insured work by each employer during the
individual's base period and shall include a finding as to whether the
wages meet the requirements for the individual to be an insured
worker, and, if so, the week ending date of the first week of the
individual's benefit period, the individual's weekly benefit amount, and
the maximum amount of benefits that may be paid to the individual for
SEA 371 — CC 1
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weeks of unemployment in the individual's benefit period. For the
individual who is not insured, the notice shall include the reason for the
determination. The following apply in regard to the determination:
(1) Unless the individual, within ten (10) fifteen (15) days after
the determination was sent by the department to the individual,
asks for a hearing before an administrative law judge, the
determination shall be final and benefits shall be paid or denied
in accordance with the determination. The date listed under date
sent on the determination of eligibility is prima facie evidence
that the determination was sent to the party on that date.
(2) If an individual asks for a wage investigation, the
unemployment insurance tax division shall promptly perform
an investigation to determine whether wages from insured
work should be added or subtracted from the claim. A
determination of the wage investigation shall be furnished to
the individual promptly upon completion. Unless the
individual, within fifteen (15) days after the determination
was sent by the unemployment insurance tax division,
requests an appeal to a liability administrative law judge
under IC 22-4-32-1, the determination shall be final.
(b) The department shall promptly furnish each employer in the base
period whose experience or reimbursable account is potentially
chargeable with benefits to be paid to the individual with a notice of
the employer's benefit liability. The notice shall contain the date, the
name and Social Security account number of the individual, the ending
date of the individual's base period, and the week ending date of the
first week of the individual's benefit period. The notice shall further
contain information as to the proportion of benefits chargeable to the
employer's experience or reimbursable account in ratio to the earnings
of the individual from the employer. Unless the employer within ten
(10) fifteen (15) days after the notice of benefit liability was sent by the
department to the employer, asks for a hearing before an a liability
administrative law judge, the determination shall be final and benefits
paid shall be charged in accordance with the determination.
(c) An employing unit, including an employer, having knowledge
of any facts which may affect an individual's eligibility or right to
waiting period credits or benefits, shall notify the department in the
form and manner prescribed by the department of those facts within ten
(10) days after the claim for benefits was sent by the department.
(d) In addition to the foregoing determination of insured status by
the department, the deputy shall, throughout the benefit period,
determine the claimant's eligibility with respect to each week for which
SEA 371 — CC 1
41
the claimant claims waiting period credit or benefit rights, the validity
of the claimant's claim, and the cause for which the claimant left the
claimant's work, or may refer the claim to an administrative law judge
who shall make the initial determination in accordance with the
procedure in section 3 of this chapter.
(e) 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 or connected
with the issue raised as to the validity of the claim, the eligibility of the
claimant for waiting period credit or benefits, or the imposition of a
disqualification period or penalty, or the denial of the claim, and of the
cause for which the claimant left the claimant's work, of the
determination and the reasons for the determination.
(f) Except as otherwise provided in this section regarding parties
located in Alaska, Hawaii, and Puerto Rico, unless the claimant or the
employer, within ten (10) fifteen (15) days after the notification
required by subsection (e), was sent by the department to the claimant
or the employer, asks for a hearing before an administrative law judge,
the decision shall be final and benefits shall be paid or denied in
accordance with the decision.
(g) For a notice of disputed administrative determination or decision
sent by the department to the claimant or employer either of whom is
located in Alaska, Hawaii, or Puerto Rico, unless the claimant or
employer, within fifteen (15) days after the notification required by
subsection (e) was sent to the claimant or employer, asks for a hearing
before an administrative law judge, the decision shall be final and
benefits shall be paid or denied in accordance with the decision.
(h) If a claimant or an employer requests a hearing under subsection
(f) or (g), the request shall be filed with the department within the
prescribed periods provided in this section and shall be in the form and
manner prescribed by the department. In the event a hearing is
requested by an employer or the department after it has been
administratively determined that benefits should be allowed to a
claimant, entitled benefits shall continue to be paid to the claimant
unless the administrative determination has been reversed by a due
process hearing. Benefits with respect to any week not in dispute shall
be paid promptly regardless of any appeal.
(i) A person may not participate on behalf of the department in any
case in which the person is an interested party.
(j) Solely on the ground of obvious administrative error appearing
on the face of an original determination, and within the benefit year of
the affected claims, the commissioner, or a representative authorized
SEA 371 — CC 1
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by the commissioner to act in the commissioner's behalf, may
reconsider and direct the deputy to revise the original determination so
as to correct the obvious error. Time for filing an appeal and requesting
a hearing before an administrative law judge regarding the
determinations handed down pursuant to this subsection shall begin on
the date following the date of revision of the original determination and
shall be filed with the commissioner in the form and manner prescribed
by the department within the prescribed periods provided in subsection
(c).
(k) Notice to the employer and the claimant that the determination
of the department is final if a hearing is not requested shall be
prominently displayed on the notice of the determination which is sent
to the employer and the claimant.
(l) If an allegation of the applicability of IC 22-4-15-1(c)(8) is made
by the individual at the time of the claim for benefits, the department
shall not notify the employer of the claimant's current address or
physical location.
(m) All individuals who have not previously verified their
identity with the department shall, prior to filing a new claim for
unemployment benefits, verify their identity in the form and
manner prescribed by the department.
(n) An individual is ineligible for unemployment benefits or
extended benefits unless the individual has verified the individual's
identity in the form and manner prescribed by the department.
SECTION 23. IC 22-4-17-6, AS AMENDED BY P.L.119-2020,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) The manner in which disputed claims shall
be presented and the conduct of hearings and appeals, including the
conduct of administrative law judges, review board members, and other
individuals who adjudicate claims during a hearing or other
adjudicative process, shall be in accordance with rules adopted by the
department for determining the rights of the parties, whether or not the
rules conform to common law or statutory rules of evidence and other
technical rules of procedure.
(b) The proceedings before an administrative law judge are de novo,
except as provided in subsection (c).
(c) Administrative law judges, review board members, and other
individuals who adjudicate claims during a hearing or other
adjudicative process may consider as evidence and include in the
record described in subsection (d) records of the department that are
material to the issues being considered in the hearing if the records are
made available to the interested parties prior to the hearing. through the
SEA 371 — CC 1
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following:
(1) The United States mail.
(2) The department's electronic portal.
(d) A full and complete record shall be kept of all proceedings in
connection with a disputed claim. The testimony at any hearing upon
a disputed claim need not be transcribed unless the disputed claim is
further appealed.
(e) Each party to a hearing before an administrative law judge held
under section 3 of this chapter shall be sent a notice of the hearing at
least ten (10) days before the date of the hearing specifying the date,
place, and time of the hearing, identifying the issues to be decided, and
providing complete information about the rules of evidence and
standards of proof that the administrative law judge will use to
determine the validity of the claim.
(f) If a hearing so scheduled has not commenced within at least sixty
(60) minutes of the time for which it was scheduled, then a party
involved in the hearing may request a continuance of the hearing. Upon
submission of a request for continuance of a hearing under
circumstances provided in this section, the continuance shall be
granted unless the party requesting the continuance was responsible for
the delay in the commencement of the hearing as originally scheduled.
In the latter instance, the continuance shall be discretionary with the
administrative law judge. Testimony or other evidence introduced by
a party at a hearing before an administrative law judge or the review
board that another party to the hearing:
(1) is not prepared to meet; and
(2) by ordinary prudence could not be expected to have
anticipated;
shall be good cause for continuance of the hearing and upon motion
such continuance shall be granted.
(g) The administrative records of the department are
self-authenticating and admissible in the administrative hearing.
SECTION 24. IC 22-4-17-8.5, AS AMENDED BY P.L.108-2006,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 8.5. (a) As used in this section, "interested party"
has the meaning set forth in 646 IAC 3-12-1. 646 IAC 5-10-2.
(b) Except as otherwise provided in this section, all hearings
scheduled before an administrative law judge or the review board
shall be set as telephone hearings, in which all parties to the appeal
shall participate by telephone or other means of electronic
communication.
(c) A party to a hearing scheduled by telephone has a right to
SEA 371 — CC 1
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object to telephone or electronic participation and be allowed to
participate in the hearing in person. An objection shall be filed in
accordance with the procedures set out in 646 IAC 5-10-24.
(d) An administrative law judge or the review board may, at
their discretion, schedule and conduct an in-person hearing.
(b) An administrative law judge or the review board may hold a
hearing under this chapter by telephone if any of the following
conditions exist:
(1) The claimant or the employer is not located in Indiana.
(2) An interested party requests without an objection being filed
as provided in 646 IAC 3-12-21 that the hearing be held by
telephone.
(3) An interested party cannot appear in person because of an
illness or injury to the party.
(4) In the case of a hearing before an administrative law judge, the
administrative law judge determines without any interested party
filing an objection as provided in 646 IAC 3-12-21 that a hearing
by telephone is proper and just.
(5) In the case of a hearing before the review board, the issue to
be adjudicated does not require both parties to be present.
(6) In the case of a hearing before the review board, the review
board has determined that a hearing by telephone is proper and
just.
SECTION 25. IC 22-4-19-6, AS AMENDED BY SEA 2-2025,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 6. (a) Each employing unit shall keep true and
accurate records containing information the department considers
necessary. These records are:
(1) open to inspection; and
(2) subject to being copied;
by an authorized representative of the department at any reasonable
time and as often as may be necessary. The department, the review
board, or an administrative law judge may require from any employing
unit any verified or unverified report, with respect to persons employed
by it, which is considered necessary for the effective administration of
this article.
(b) Except as provided in this section, information obtained or
obtained from any person in the administration of this article and the
records of the department relating to the unemployment tax or the
payment of benefits is confidential and may not be published or be
open to public inspection in any manner revealing the individual's or
the employing unit's identity, except in obedience to an order of a court
SEA 371 — CC 1
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or as provided in this section.
(c) A claimant or an employer at a hearing before an administrative
law judge or the review board shall be supplied with information from
the records referred to in this section to the extent necessary for the
proper presentation of the subject matter of the appearance.
(d) (c) The department may release the following: information:
(1) Summary statistical data may be released to the public.
Information described in subsection (b) to the extent
permitted by 20 CFR 603.
(2) Employer specific information known as Quarterly Census of
Employment and Wages data and data resulting from
enhancements made through the business establishment list
improvement project may be released to the Indiana economic
development corporation only for the following purposes:
(A) The purpose of conducting a survey.
(B) The purpose of aiding the officers or employees of the
Indiana economic development corporation in providing
economic development assistance through program
development, research, or other methods.
(C) Other purposes consistent with the goals of the Indiana
economic development corporation and not inconsistent with
those of the department, including the purposes of IC 5-28-6-7.
(3) Employer specific information known as Quarterly Census of
Employment and Wages data and data resulting from
enhancements made through the business establishment list
improvement project may be released to:
(A) the budget agency and the legislative services agency only
for aiding the employees of the budget agency or the
legislative services agency in forecasting tax revenues; and
(B) the Indiana department of labor for the purpose of
conducting a survey and reporting to the United States
Department of Labor or the federal Bureau of Labor Statistics.
(4) (2) Wages data to the office of the secretary of family and
social services for the purposes specified in IC 12-15-1-24(d).
(e) The department may make information available under
subsection (d) only:
(1) if:
(A) under subsection (d)(1), data provided in summary form
cannot be used to identify information relating to a specific
employer or specific employee; or
(B) under subsection (d)(2) and (d)(3), there is an agreement
that the employer specific information released will be treated
SEA 371 — CC 1
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as confidential and will be released only in summary form that
cannot be used to identify information relating to a specific
employer or a specific employee; and
(2) after the cost of making the information available to the
person requesting the information is paid under IC 5-14-3.
(f) The department may disclose confidential information:
(1) to an individual or employer as provided in 20 CFR 603.5(c),
upon request and proper identification of the individual or
employer;
(2) through informed consent of a party as provided in 20 CFR
603.5(d);
(3) to a public official as provided in 20 CFR 603.5(e);
(4) to an agent or contractor of a public official as provided in 20
CFR 603.5(f); or
(5) to the Bureau of Labor Statistics as provided in 20 CFR
603.5(g);
after the cost of making the information available to the party
requesting the information is paid under IC 5-14-3.
(g) (d) In addition to the confidentiality provisions of subsection (b),
the fact that a claim has been made under IC 22-4-15-1(c)(8) and any
information furnished by the claimant or an agent to the department to
verify a claim of domestic or family violence are confidential.
Information concerning the claimant's current address or physical
location shall not be disclosed to the employer or any other person.
Disclosure is subject to the following additional restrictions:
(1) The claimant must be notified before any release of
information.
(2) Any disclosure is subject to redaction of unnecessary
identifying information, including the claimant's address.
(h) An employee:
(1) of the department who recklessly violates subsection (a), (c),
(d), (e), (f), or (g); or
(2) of any governmental entity listed in subsection (f) who
recklessly violates subsection (f);
commits a Class B misdemeanor.
(i) (e) An employee of the Indiana economic development
corporation, the budget agency, or the legislative services agency who
violates subsection (d), (e), or (f) An individual who recklessly
violates the confidentiality provisions of this section commits a
Class B misdemeanor.
(j) (f) An employer or agent of an employer that becomes aware that
a claim has been made under IC 22-4-15-1(c)(8) shall maintain that
SEA 371 — CC 1
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information as confidential.
(k) (g) The department may shall charge a reasonable processing fee
not to exceed two dollars ($2) of six dollars ($6) for each record that
provides information about an individual's last known employer
released in compliance with a court order under subsection (b).
SECTION 26. IC 22-4-19-10, AS AMENDED BY P.L.122-2019,
SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 10. Any employing unit which negligently or
willfully fails to submit any report of information required for the
proper administration of this article demanded by the commissioner
within ten (10) days after request for the same is sent to the employing
unit by registered mail shall be assessed a penalty of twenty-five dollars
($25).
SECTION 27. IC 22-4-19-13, AS AMENDED BY P.L.122-2019,
SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 13. (a) An employer that is required to be
provided a notice or report under this section is entitled to delivery of
the notice or report by the United States Postal Service using first class
mail. If an employer wants to receive notices and reports by mail, the
employer shall notify the department in the form and manner
prescribed by the department.
(b) (a) Where an employer makes an offer of employment directly
to a claimant, promptly giving written notice to the department of the
offer, or when the employer makes an offer of employment in writing
through the department, the commissioner, the deputy, or an authorized
representative of the state or the United States employment service,
which offer shall specify the claimant by name, and when the claimant
fails to register subsequent to the receipt of the offer of employment by
the department, the commissioner, the deputy, or an authorized
representative of the state or the United States employment service,
then a notice shall promptly be sent to the employer of the claimant's
failure to return and to register. If the claimant, in the claimant's benefit
period, again registers or renews and continues the claimant's claim for
benefits, the employer shall promptly be provided with notice of the
fact in order that the employer may have an opportunity to renew and
remake an offer of employment to the claimant.
(c) (b) Upon the filing by an individual of an additional claim for
benefits, a notice shall be promptly provided to an employer from
whose employ the individual claims to have been last separated.
(d) (c) Upon the filing by an individual of an initial claim for
benefits, a notice shall be promptly provided to the base period
employer or base period employers and to the employing units
SEA 371 — CC 1
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including an employer from whose employ the individual claims to
have been last separated. The computation of the benefit rights of the
individual shall be made as promptly as possible and, if the claim is
deemed valid, then a notice of benefit liability shall be provided to each
employer whose experience account is potentially chargeable with
benefits to be paid to the individual. The notice shall contain the date,
the name and Social Security number of the individual, the ending date
of the individual's base period, and the week ending date of the first
week of the individual's benefit year. The notice shall further contain
information as to the proportion of benefits chargeable to the
employer's experience account in ratio to the earnings of the individual
from the employer and shall advise the employer of the employer's
right to protest the claim and the payment of any benefits and of the
place and time within which the protest must be made in the form and
manner prescribed by the department and of the contents of the protest.
(e) (d) Whenever a determination is made with respect to the
validity of any claim for benefits, or the eligibility of any claimant for
benefits, which involves the cancellation of wage credits or benefit
rights, the imposition of any disqualification, period of ineligibility or
penalty, or the denial of the claim, a notice shall promptly be provided
to the claimant and to each employer directly involved or connected
with the issue raised as to the validity of the claim, the eligibility of the
claimant for benefits, or the imposition of a disqualification period of
ineligibility or penalty, or the denial of the claim. The employer or the
claimant may protest a determination within the time limits and in the
manner as provided in IC 22-4-17-2 and upon the protest shall be
entitled to a hearing as provided in IC 22-4-17-2 and IC 22-4-17-3.
(f) (e) Every employer shall be provided with a monthly report of
benefit charges which shall contain an itemized statement showing the
names of individuals to whom benefits were paid and charged to the
experience account of such employer, the weeks with respect to which
each individual received benefits, the amount of the benefits, and the
total amount of benefits charged to the employer's account during the
period covered by the report.
(g) (f) Following the computation of rates of contribution for
employers for each calendar year, each employer shall be provided with
notice not later than ninety (90) days after the effective date of the
rates, setting out the employer's rate of contribution for the year,
computed by the department as of the preceding June 30, together with
sufficient information for the employer to determine and compute the
amount of a voluntary payment required from the employer in order to
qualify for and obtain a lower rate of contribution for the year and also
SEA 371 — CC 1
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advising the employer of the length of time within which or last date
upon which the voluntary payment will be received or can be made.
SECTION 28. IC 22-4-25-1, AS AMENDED BY P.L.165-2021,
SECTION 183, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 1. (a) There is created in the state
treasury a special fund to be known as the special employment and
training services fund. All interest on delinquent contributions and
penalties collected under this article, together with any voluntary
contributions tendered as a contribution to this fund, shall be paid into
this fund. The money shall not be expended or available for
expenditure in any manner which would permit their substitution for
(or a corresponding reduction in) federal funds which would in the
absence of the money be available to finance expenditures for the
administration of this article, but nothing in this section shall prevent
the money from being used as a revolving fund to cover expenditures
necessary and proper under the law for which federal funds have been
duly requested but not yet received, subject to the charging of
expenditures against the funds when received. The money in this fund
shall be used by the department for the payment of refunds of interest
on delinquent contributions and penalties so collected, for the payment
of costs of administration which are found not to have been properly
and validly chargeable against federal grants or other funds received
for or in the employment and training services administration fund, on
and after July 1, 1945. The money shall be available either to satisfy
the obligations incurred by the department directly, or by transfer by
the department of the required amount from the special employment
and training services fund to the employment and training services
administration fund. The department shall order the transfer of the
funds or the payment of any obligation or expenditure and the funds
shall be paid by the treasurer of state on requisition drawn by the
department and certified by the commissioner. The money in this fund
is specifically made available to replace within a reasonable time any
money received by this state pursuant to 42 U.S.C. 502, as amended,
which, because of any action or contingency, has been lost or has been
expended for purposes other than or in amounts in excess of those
approved by the United States Department of Labor. The money in this
fund shall be continuously available to the department for expenditures
in accordance with the provisions of this section and for the prevention,
detection, and recovery of delinquent contributions, penalties, and
improper benefit payments, and shall not lapse at any time or be
transferred to any other fund, except as provided in this article. Except
as provided in subsection (e), after making the grants required under
SEA 371 — CC 1
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subsection (c), the department may expend an amount not to exceed
eleven million five hundred thousand dollars ($11,500,000) in a state
fiscal year for the purpose of prevention, detection, and recovery of
delinquent contributions, penalties, and improper benefit payments,
unless an additional amount is approved by the budget committee.
Nothing in this section shall be construed to limit, alter, or amend the
liability of the state assumed and created by IC 22-4-28, or to change
the procedure prescribed in IC 22-4-28 for the satisfaction of the
liability, except to the extent that the liability may be satisfied by and
out of the funds of the special employment and training services fund
created by this section. Each state fiscal year, the commissioner shall
make the training grants required under subsection (c) before amounts
are expended from the fund in accordance with this section for any
other purpose.
(b) The following apply to the special employment and training
services fund:
(1) If on December 31 the balance in the special employment and
training services fund exceeds eleven million five hundred
thousand dollars ($11,500,000) and the unemployment
insurance benefit fund balance is greater than or equal to one
billion dollars ($1,000,000,000), the department shall order, not
later than thirty (30) days after December 31, payment of the
amount that exceeds eleven million five hundred thousand dollars
($11,500,000) into the unemployment insurance benefit fund.
unemployment insurance modernization fund established by
IC 22-4-25.5.
(2) If on December 31 the balance in the special employment
and training services fund exceeds eleven million five hundred
thousand dollars ($11,500,000) and the unemployment
insurance benefit fund balance is less than one billion dollars
($1,000,000,000), the department shall order, not later than
thirty (30) days after December 31, payment of the amount
that exceeds eleven million five hundred thousand dollars
($11,500,000) into the unemployment insurance benefit fund.
(c) Subject to the availability of funds, on July 1 each year the
commissioner shall release the following amounts before expenditures
are made in accordance with this section for any other purpose:
(1) Four million dollars ($4,000,000) to the state educational
institution established under IC 21-25-2-1 for training provided
to participants in apprenticeship programs approved by the United
States Department of Labor, Bureau of Apprenticeship and
Training.
SEA 371 — CC 1
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(2) Four million dollars ($4,000,000) to the state educational
institution instituted and incorporated under IC 21-22-2-1 for
training provided to participants in joint labor and management
apprenticeship programs approved by the United States
Department of Labor, Bureau of Apprenticeship and Training.
(3) Two hundred fifty thousand dollars ($250,000) for
journeyman upgrade training to each of the state educational
institutions described in subdivisions (1) and (2).
(4) Four hundred thousand dollars ($400,000) annually for
training and counseling assistance:
(A) provided by Hometown Plans under 41 CFR 60-4.5; and
(B) approved by the United States Department of Labor,
Bureau of Apprenticeship and Training;
to individuals who have been unemployed for at least four (4)
weeks or whose annual income is less than twenty thousand
dollars ($20,000).
(5) Three hundred thousand dollars ($300,000) annually for
training and counseling assistance provided by the state
institution established under IC 21-25-2-1 to individuals who
have been unemployed for at least four (4) weeks or whose annual
income is less than twenty thousand dollars ($20,000) for the
purpose of enabling those individuals to apply for admission to
apprenticeship programs offered by providers approved by the
United States Department of Labor, Bureau of Apprenticeship and
Training.
(d) Each state educational institution described in subsection (c) is
entitled to keep ten percent (10%) of the funds released under
subsection (c) for the payment of costs of administering the funds. On
each June 30 following the release of the funds, any funds released
under subsection (c) not used by the state educational institutions under
subsection (c) shall be returned to the special employment and training
services fund.
SECTION 29. IC 22-4-25.5 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 25.5. Unemployment Insurance Modernization Fund
Sec. 1. As used in this chapter, "fund" means the unemployment
insurance modernization fund established by section 2 of this
chapter.
Sec. 2. (a) The unemployment insurance modernization fund is
established for the purpose of modernizing and maintaining the
unemployment insurance system.
SEA 371 — CC 1
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(b) The money in the fund is available to the department for the
modernization of the unemployment insurance system.
Sec. 3. The fund consists of the following:
(1) Money transferred from the special employment and
training services fund under IC 22-4-25-1.
(2) Appropriations made by the general assembly.
(3) Grants and gifts of money.
Sec. 4. The department shall administer the fund.
Sec. 5. Money in the fund at the end of a state fiscal year does
not revert to the state general fund.
Sec. 6. On or before October 1 of each year, the department
shall submit a report to the budget committee detailing the
expenditures made from the fund during the previous state fiscal
year.
SECTION 30. IC 22-4-32-1, AS AMENDED BY P.L.122-2019,
SECTION 41, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 1. A liability administrative law judge shall hear
all matters pertaining to:
(1) the assessment of contributions, payment in lieu of
contributions, surcharge, penalties, and interest;
(2) which accounts, if any, benefits paid, or finally ordered to be
paid, should be charged;
(3) successorships, and related matters arising from a
successorship, including but not limited to:
(A) the transfer of accounts;
(B) the determination of rates of contribution; and
(C) determinations under IC 22-4-11.5;
(4) claims for refunds of contributions or adjustments; and
(5) the definition of employment under IC 22-4-8;
for which an employing unit interested party has timely filed a protest
under section 4 of this chapter.
SECTION 31. IC 22-4-32-4, AS AMENDED BY P.L.122-2019,
SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 4. (a) An employing unit interested party shall
have fifteen (15) calendar days, beginning on the date an initial
determination is sent to the employing unit, interested party, within
which to protest in writing an initial determination of the department
with respect to section 1 of this chapter.
(b) If a notice under this chapter is served through the United States
Postal Service, three (3) days must be added to a period that
commences upon service of notice.
(c) The filing of a document with the unemployment insurance
SEA 371 — CC 1
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appeals division is complete on the earliest of the following dates that
apply to the filing:
(1) The date on which the document is delivered to the
unemployment insurance appeals division.
(2) The date of the postmark on the envelope containing the
document if the document is mailed to the unemployment
insurance appeals division by the United States Postal Service.
(3) The date on which the document is deposited with a private
carrier, as shown by a receipt issued by the carrier, if the
document is sent to the unemployment insurance appeals division
by a private carrier.
SECTION 32. IC 22-4-32-5, AS AMENDED BY P.L.171-2016,
SECTION 44, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 5. Upon receipt of such protest in writing, the
commissioner promptly shall refer the written protest to the liability
administrative law judge who shall set a date for a hearing before the
liability administrative law judge and will notify the interested parties.
thereof by registered mail. Unless such written protest is withdrawn,
the liability administrative law judge, after affording the parties a
reasonable opportunity for a fair hearing, shall make findings and
conclusions, and, on the basis thereof, affirm, modify, or reverse the
initial determination of the department.
SECTION 33. IC 22-4-32-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 6. Any interested party
to the dispute shall mean and include:
(1) the protesting employing unit;
(2) the individual protesting the definition of employment
under IC 22-4-8;
(3) the commissioner; and
(4) any person appearing to the liability administrative law judge
to be necessary or indispensable to the determination of the issues
involved in the hearing.
SECTION 34. IC 22-4-44 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 44. Reemployment Skills Training Pilot Program
Sec. 1. As used in this chapter, "eligible provider" has the
meaning set forth in IC 22-4.1-20-1. The term includes, for
purposes of this chapter, a training provider listed on the
department's eligible training provider list on the department's
website.
Sec. 2. As used in this chapter, "pilot program" means the
SEA 371 — CC 1
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reemployment skills training pilot program established by the
department under section 3 of this chapter.
Sec. 3. The department may establish a reemployment skills
training pilot program to supplement an individual's receipt of
weekly unemployment benefits for each week of unemployment
that the individual is:
(1) eligible for unemployment benefits; and
(2) making satisfactory weekly progress toward a training
program approved under this chapter.
Sec. 4. An individual is eligible to participate in the pilot
program if the department determines that the individual is:
(1) unlikely to find sustainable employment without further
training;
(2) eligible for unemployment compensation under this
article; and
(3) more likely to complete training with a weekly incentive.
Sec. 5. The department may approve a training program under
the pilot program that meets the following requirements:
(1) The department determines that the training program is
for a high wage and high demand occupation.
(2) Completion of the training program results in an industry
recognized credential or certification.
(3) Completion of the training program substantially
increases the likelihood of an individual being employed.
(4) The training program is offered by an eligible provider.
Sec. 6. (a) This section applies only if the department establishes
the pilot program.
(b) The pilot program may not be funded from the
unemployment trust fund.
(c) The reemployment skills training pilot program fund is
established for the purpose of funding the pilot program.
(d) The fund shall be administered by the department.
(e) The expenses of administering the fund shall be paid from
money in the fund.
(f) The fund consists of the following:
(1) Appropriations to the fund.
(2) Federal grant funds.
(3) Gifts or donations to the fund.
(g) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public money may be invested.
(h) Money in the fund at the end of a state fiscal year does not
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55
revert to the state general fund.
SECTION 35. IC 22-4.1-4-15 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2025]: Sec. 15. Not later than December 1,
2025, and not later than December 1 of each calendar year
thereafter, the department shall prepare and submit a report to the
budget committee concerning the status of the department's
unemployment insurance program, including the balance and
status of the unemployment trust fund.
SECTION 36. IC 22-4.1-21-12, AS AMENDED BY P.L.157-2023,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 12. (a) A person may not do business as a
postsecondary proprietary educational institution in Indiana without
having obtained authorization under this chapter.
(b) Upon discovery by the department, the department shall
issue a written notice of violation to a person who fails to obtain
authorization under this chapter.
(c) A person who receives a written notice of violation under
subsection (b) has fifteen (15) days from the date the notice is
issued by the department to obtain authorization under this
chapter.
(d) If a person described in subsection (c) fails to obtain
authorization under this chapter from the department within
fifteen (15) days from the date the notice is issued, the department
may assess a civil penalty of one hundred dollars ($100) per student
who:
(1) attends the subject postsecondary proprietary educational
institution; and
(2) resides in Indiana.
(e) Civil penalties collected under this section shall be deposited
in the proprietary educational institution authorization fund
established by section 39 of this chapter.
SECTION 37. IC 22-4.1-21-39, AS AMENDED BY P.L.157-2023,
SECTION 22, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]: Sec. 39. (a) The proprietary educational institution
authorization fund is established.
(b) The proprietary educational institution authorization fund shall
be administered by the department.
(c) Money in the proprietary educational institution authorization
fund at the end of a state fiscal year does not revert to the general fund.
(d) All fees and civil penalties collected by the department under
this chapter shall be deposited in the proprietary educational institution
SEA 371 — CC 1
56
authorization fund.
(e) Money in the proprietary educational institution authorization
fund shall be used by the department to administer this chapter.
SEA 371 — CC 1
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 371 — CC 1Every fact on this page links to its source, starting with the official bill record.