Citations Affected: IC 22-4.
Synopsis: Head Start employment and unemployment benefits.
Provides that unemployment benefits may not be paid to an individual
employed by a Head Start or an Early Head Start program for a week
during a period between two successive academic years or terms if the
individual performs the employment in the first academic year or term
and there is a reasonable assurance that the individual will be employed
in the second academic year or term.
Effective: July 1, 2011.
January 5, 2011, read first time and referred to Committee on Pensions and Labor.
January 20, 2011, reported favorably _ Do Pass.
January 25, 2011, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning labor
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, 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
subdivision (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) 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.
(5) For services to which 26 U. S.C. 3309(a)(1) applies, if the services are provided to or on behalf of an educational institution, compensation payable based on the services may be denied as specified in subdivisions (1), (2), (3), and (4).
(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.