Introduced Version






HOUSE BILL No. 1940

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 22-4-14-7 .

Synopsis: Unemployment benefits for educational employees. Provides that an employee of an educational institution who does not continue in service with the educational institution after the end of an academic year or term is not eligible for unemployment benefits until after the date the employee would have returned to service for the next academic year or term if the employee were still providing services to the educational institution.

Effective: July 1, 2003.





Thompson, LaPlante




    January 23, 2003, read first time and referred to Committee on Labor and Employment.







Introduced

First Regular Session 113th General Assembly (2003)


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HOUSE BILL No. 1940



    A BILL FOR AN ACT to amend the Indiana Code concerning labor and industrial safety.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 22-4-14-7; (03)IN1940.1.1. -->     SECTION 1. IC 22-4-14-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) Benefits based on service in employment defined in IC 22-4-8-2 (i) and IC 22-4-8-2 (j) shall be payable in the same amount, on the terms, and subject to the same conditions as compensation payable on the basis of other service subject to this article, unless otherwise specifically provided, subject to the following exceptions:
        (1) With respect to service performed in an instructional, research, or principal administrative capacity for an educational institution, benefits may not be paid based on the service for any week of unemployment commencing during the period between two (2) successive academic years or terms or during the period between two (2) regular but not successive terms or during a period of paid sabbatical leave provided for in the individual's contract to any individual if the individual performs the services in the first of the academic years or terms and if there is a reasonable assurance that the individual will perform services in

an instructional, research, or principal administrative capacity for any educational institution in the second of the academic years or terms.
        (2) With respect to services performed in any capacity (other than those listed in subdivision (1)) of this section) for an educational institution, benefits may not be paid based on the service of an individual for any week which commences during a period between two (2) successive academic years or terms if the individual performs the service in the first of the academic years or terms and there is reasonable assurance that the individual will perform the service in the second of the academic years or terms. However, with respect to weeks of unemployment beginning on or after January 1, 1984, and before July 1, 2003, if compensation is denied to any individual under this subdivision and the individual was not offered an opportunity to perform such services for the educational institution for the second of the academic years or terms, the individual is entitled to a retroactive payment of compensation for each week for which the individual filed a timely claim for compensation and for which compensation was denied solely by reason of this subdivision.
        (3) With respect to any services described in subdivisions (1) or (2), of this section, compensation payable for these services shall be denied to any individual for any week which commences during an established and customary vacation period or holiday recess if there is reasonable assurance that the individual will perform the services in the period immediately following the vacation period or holiday recess.
        (4) For service described in subdivisions (1), (2), and (3) and for weeks of unemployment beginning on or after July 1, 2003, if:
            (A) an individual's service does not continue with an educational institution; or
            (B) there is not a reasonable assurance that the individual will perform services for an educational institution:
                (i) after the end of an academic year or term; or
                (ii) in the period immediately following a vacation period, a holiday recess, or the period between school terms;
        benefits may not be paid until after the date the individual would have resumed service with the educational institution had the individual's service continued with the educational institution.


         (5) With respect to any services described in subdivisions (1) and (2), benefits shall not be payable on the basis of services in any such capacities as specified in subdivisions (1), (2), and (3) to any individual who performed such services in an educational institution while in the employ of an educational service agency. For purposes of this subdivision, the term "educational service agency" means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing such services to one (1) or more educational institutions.
    (b) For purposes of this section, benefits may not be denied during the period between academic years or terms to any individual having wage credits earned with other than an educational institution if the wage credits qualify the individual under section 5 of this chapter and the individual is otherwise eligible. In these cases, the claim shall be computed based on the wage credits earned with employers other than educational institutions reported for the individual during the base period, in accordance with IC 22-4-12-2 and IC 22-4-12-4. Benefits paid based on the computation shall be only for weeks of unemployment occurring between academic years or terms. For any weeks of unemployment claims other than between academic years or terms, the claims of these individuals shall be recomputed to include all base period wages.