Title 34, Chapter 8, Section 193
( 34-8-193)
(a) The weekly benefit amount of an individual's claim shall be that amount computed by dividing the two highest quarters of wages paid in the base period by 48. Any fraction of a dollar shall then be disregarded. Wages must have been paid in at least two quarters of the base period and total wages in the base period must equal or exceed 150 percent of the highest quarter base period wages. For claims that fail to establish entitlement due to failure to meet the 150 percent requirement, an alternative computation shall be made. In such event, the weekly benefit amount shall be computed by dividing the highest single quarter of base period wages paid by 24. Any fraction of a dollar shall then be disregarded. Under this alternative computation, wages must have been paid in at least two quarters of the base period and total base period wages must equal or exceed 40 times the weekly benefit amount. Regardless of the method of computation used, wages must have been paid for insured work, as defined in Code Section 34-8-41. (b) Weekly benefit amount entitlement as computed in this Code
section shall be no less than $27.00 per week for benefit years
beginning on or after July 1, 1983; provided, however, that for
benefit years beginning on or after July 1, 1987, when the weekly
benefit amount, as computed, would be more than $26.00 but less than
$37.00, the individual's weekly benefit amount will be $37.00, and
no weekly benefit amount shall be established for less than $37.00;
provided, further, that for benefit years beginning on or after July
1, 1997, when the weekly benefit amount, as computed, would be more
than $26.00 but less than $39.00, the individual's weekly benefit
amount will be $39.00, and no weekly benefit amount shall be
established for less than $39.00. (c) Weekly benefit amount entitlement as computed in this Code
section shall not exceed these amounts for the applicable time
period: (1) For claims filed on or after July 1, 1990, but before July 1,
1994, the maximum weekly benefit amount shall not exceed $185.00; (2) For claims filed on or after July 1, 1994, but before July 1,
1995, the maximum weekly benefit amount shall not exceed $195.00; (3) For claims filed on or after July 1, 1995, but before July 1,
1996, the maximum weekly benefit amount shall not exceed $205.00; (4) For claims filed on or after July 1, 1996, but before July 1,
1997, the maximum weekly benefit amount shall not exceed $215.00; (5) For claims filed on or after July 1, 1997, but before July 1,
1998, the maximum weekly benefit amount shall not exceed $224.00; (6) For claims filed on or after July 1, 1998, but before July 1,
1999, the maximum weekly benefit amount shall not exceed $244.00; (7) For claims filed on or after July 1, 1999, but before July 1,
2000, the maximum weekly benefit amount shall not exceed $264.00; (8) For claims filed on or after July 1, 2000, but before July 1,
2001, the maximum weekly benefit amount shall not exceed $274.00;
and
(9) For claims filed on or after July 1, 2001, the maximum weekly
benefit amount shall not exceed $284.00. Provided, however, for the period on or after January 1, 2000, whenever the State-wide Reserve Ratio, as defined in Code Section 34-8-156, is 1.25 percent or less, no future increase in the weekly benefit amount shall be effective until the State-wide Reserve Ratio is over 1.25 percent. (d) The maximum benefits payable to an individual in a benefit year shall be the lesser of 26 times the weekly benefit amount or one-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (e) An otherwise eligible individual shall be paid the weekly
benefit amount, less gross earnings in excess of $30.00, payable to
the individual applicable to the week for which benefits are
claimed. Such remaining benefit, if not a multiple of $1.00, shall
be computed to the nearest multiple of $1.00. Earnings of $30.00 or
less will not affect entitlement to benefits. For the purpose of
this subsection, jury duty pay shall not be considered as earnings. (f)(1) The amount of unemployment compensation payable to an
individual for any week which begins in a period with respect to
which such individual is receiving a governmental or other
pension, retirement or retired pay, annuity, or any other similar
periodic payment which is based on the previous work of such
individual shall be reduced by an amount equal to the amount of
such pension, retirement or retired pay, annuity, or other payment
which is reasonably attributable to such week. Such remaining
benefit, if not a multiple of $1.00, shall be computed to the
nearest multiple of $1.00. (2) The requirements of this subsection shall apply to any
pension, retirement or retired pay, annuity, or other similar
periodic payment only if: (A) Such pension, retirement or retired pay, annuity, or similar
payment is under a plan maintained or contributed to by a
base-period employer or chargeable employer as determined under
applicable law; and (B) Payments for services performed for such employer by the
individual after the beginning of the base period affect
eligibility for or increase the amount of such pension,
retirement or retired pay, annuity, or similar payment, except
in the case of pensions paid under the federal Social Security
Act, the Railroad Retirement Act of 1974, or the corresponding
provisions of prior law. (3) The Commissioner shall take into consideration the amount
contributed by the individual for the pension, retirement or
retired pay, annuity, or other similar periodic payment and shall
limit such reduction based on the percent share contributed by
such individual. An individual who, while working, contributed 50
percent or more toward such plan shall not be subject to a
reduction in the weekly benefit amount of the claim.
(g) Between the filing of one benefit year claim and the filing of
another benefit year claim, an individual must have performed
services in bona fide employment and earned insured wages for such
services. These wages for insured work must equal or exceed ten
times the weekly benefit amount of the new claim in order to
establish entitlement. (h) The wage credits and benefit rights of persons who entered the
armed services of the United States during a national emergency are
preserved for the period of their actual service and six months
thereafter in accordance with regulations of the Commissioner. |