HOUSE BILL No. 1940
DIGEST OF INTRODUCED BILL
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.
January 23, 2003, read first time and referred to Committee on Labor and Employment.
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. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) Benefits based on
service in employment defined in
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
(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,
(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
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
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
(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
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.