Current through P.L. 171-2024
Section 22-4-19-13 - Benefits; charges to experience accounts; change of rates; notice(a) An employer that is required to be provided a notice or report under this section is entitled to delivery of the notice or report by the United States Postal Service using first class mail. If an employer wants to receive notices and reports by mail, the employer shall notify the department in the form and manner prescribed by the department.(b) Where an employer makes an offer of employment directly to a claimant, promptly giving written notice to the department of the offer, or when the employer makes an offer of employment in writing through the department, the commissioner, the deputy, or an authorized representative of the state or the United States employment service, which offer shall specify the claimant by name, and when the claimant fails to register subsequent to the receipt of the offer of employment by the department, the commissioner, the deputy, or an authorized representative of the state or the United States employment service, then a notice shall promptly be sent to the employer of the claimant's failure to return and to register. If the claimant, in the claimant's benefit period, again registers or renews and continues the claimant's claim for benefits, the employer shall promptly be provided with notice of the fact in order that the employer may have an opportunity to renew and remake an offer of employment to the claimant.(c) Upon the filing by an individual of an additional claim for benefits, a notice shall be promptly provided to an employer from whose employ the individual claims to have been last separated.(d) Upon the filing by an individual of an initial claim for benefits, a notice shall be promptly provided to the base period employer or base period employers and to the employing units including an employer from whose employ the individual claims to have been last separated. The computation of the benefit rights of the individual shall be made as promptly as possible and, if the claim is deemed valid, then a notice of benefit liability shall be provided to each employer whose experience account is potentially chargeable with benefits to be paid to the individual. The notice shall contain the date, the name and Social Security number of the individual, the ending date of the individual's base period, and the week ending date of the first week of the individual's benefit year. The notice shall further contain information as to the proportion of benefits chargeable to the employer's experience account in ratio to the earnings of the individual from the employer and shall advise the employer of the employer's right to protest the claim and the payment of any benefits and of the place and time within which the protest must be made in the form and manner prescribed by the department and of the contents of the protest.(e) Whenever a determination is made with respect to the validity of any claim for benefits, or the eligibility of any claimant for benefits, which involves the cancellation of wage credits or benefit rights, the imposition of any disqualification, period of ineligibility or penalty, or the denial of the claim, a notice shall promptly be provided to the claimant and to each employer directly involved or connected with the issue raised as to the validity of the claim, the eligibility of the claimant for benefits, or the imposition of a disqualification period of ineligibility or penalty, or the denial of the claim. The employer or the claimant may protest a determination within the time limits and in the manner as provided in IC 22-4-17-2 and upon the protest shall be entitled to a hearing as provided in IC 22-4-17-2 and IC 22-4-17-3.(f) Every employer shall be provided with a monthly report of benefit charges which shall contain an itemized statement showing the names of individuals to whom benefits were paid and charged to the experience account of such employer, the weeks with respect to which each individual received benefits, the amount of the benefits, and the total amount of benefits charged to the employer's account during the period covered by the report.(g) Following the computation of rates of contribution for employers for each calendar year, each employer shall be provided with notice not later than ninety (90) days after the effective date of the rates, setting out the employer's rate of contribution for the year, computed by the department as of the preceding June 30, together with sufficient information for the employer to determine and compute the amount of a voluntary payment required from the employer in order to qualify for and obtain a lower rate of contribution for the year and also advising the employer of the length of time within which or last date upon which the voluntary payment will be received or can be made.Amended by P.L. 122-2019,SEC. 34, eff. 7/1/2019.Amended by P.L. 177-2017,SEC. 3, eff. 7/1/2017.(Formerly: Acts 1947, c.208, s.2013; Acts 1951, c.307, s.4; Acts 1953, c.177, s.24; Acts 1957, c.261, s.4; Acts 1967, c.310, s.21.) As amended by P.L. 144-1986, SEC.114; P.L. 11-1987, SEC.25; P.L. 18-1987, SEC.60; P.L. 21-1995, SEC.101.