§ 28-41-5 - Weekly benefit rate – Dependents' allowances.
SECTION 28-41-5
§ 28-41-5 Weekly benefit rate –Dependents' allowances. – (a) Benefit rate. The benefit rate payable under this chapter to anyeligible individual with respect to any week of his or her unemployment due tosickness, when that week occurs within a benefit year, shall be, for benefityears beginning on or after October 7, 1990, four and sixty-two hundredthspercent (4.62%) of the wages paid to the individual in that calendar quarter ofthe base period in which the individual's wages were highest; provided,however, that the benefit rate shall not exceed eighty-five percent (85%) ofthe average weekly wage paid to individuals covered by chapters 42 – 44 ofthis title for the preceding calendar year ending December 31. If the maximumweekly benefit rate is not an exact multiple of one dollar ($1.00) then therate shall be raised to the next higher multiple of one dollar ($1.00). Thoseweekly benefit rates shall be effective throughout the benefit years beginningon or after July 1 of the year prior to July of the succeeding calendar year.
(2) The benefit rate of any individual, if not an exactmultiple of one dollar ($1.00), shall be raised to the next higher multiple ofone dollar ($1.00).
(b) Dependents' allowances. An individual to whombenefits for unemployment due to sickness are payable under this chapter withrespect to any week, shall, in addition to those benefits, be paid with respectto each week a dependent's allowance of ten dollars ($10.00) or seven percent(7%), of the individual's benefit rate, payable under subsection (a) of thissection, whichever is greater for each of that individual's children, includingadopted and stepchildren or that individual's court appointed wards who, at thebeginning of the individual's benefit year, is under eighteen (18) years of ageand who is at that time in fact dependent on that individual. A dependent'sallowance shall also be paid to that individual for any child, including anadopted child or a stepchild or that individual's court appointed ward,eighteen (18) years of age or over, incapable of earning any wages because ofmental or physical incapacity, and who is dependent on that individual in factat the beginning of the individual's benefit year, including individuals whohave been appointed the legal guardian of that child by the appropriate court.However, in no instance shall the number of dependents for which an individualmay receive dependents' allowances exceed five (5) in total. The weekly totalof dependents' allowances payable to any individual, if not an exact multipleof one dollar ($1.00), shall be rounded to the next lower multiple of onedollar ($1.00). The number of an individual's dependents, and the fact of theirdependency, shall be determined as of the beginning of that individual'sbenefit year; provided, that only one individual shall be entitled to adependent's allowance for the same dependent with respect to any week. Eachindividual who claims a dependent's allowance shall establish his or her claimto it to the satisfaction of the director under procedures established by thedirector.
(c) Any individual's benefit rate and/or dependents'allowance in effect for a benefit year shall continue in effect until the endof that benefit year.
(d) Partial unemployment due to sickness. For weeksbeginning on or after January 1, 2006, an individual partially unemployed dueto sickness and otherwise eligible in any week shall be paid sufficientbenefits with respect to that week, so that his or her wages, rounded to thenext higher multiple of one dollar ($1.00), and his or her benefits combinedwill equal in amount the weekly benefit rate to which he or she would beentitled if totally unemployed due to sickness in that week; provided that anindividual must have been totally unemployed due to sickness for at least seven(7) consecutive days prior to claiming partial benefits under this provision;provided, that this provision shall not apply if the individual is entitled tolag day benefits pursuant to § 28-41-9; provided, further, that nothingcontained herein shall permit any individual to whom remuneration is payablefor any work performed in any week in an amount equal to or greater than his orher weekly benefit rate to receive benefits or waiting period credit for thatweek.