§40-2-104. Computation of benefit amount.

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COMPUTATION OF BENEFIT AMOUNT.

A. The weekly benefit amount of an individual shall be an amount equal to one twenty-third (1/23) of the taxable wages paid to the individual during that quarter of his base period in which the taxable wages were highest. If the amount is more than the maximum weekly benefit amount, it shall be reduced to the maximum weekly benefit amount or if the amount is less than Sixteen Dollars ($16.00), it shall be increased to Sixteen Dollars ($16.00).

B. The maximum weekly benefit amount shall be:

1. Sixty percent (60%) of the average weekly wage of the second preceding calendar year during any calendar year in which the balance in the Unemployment Compensation Fund is in excess of the amount required to initiate conditional contribution rates, pursuant to the provisions of Section 3-113 of this title;

2. Fifty-seven and one-half percent (57.5%) of the average weekly wage of the second preceding calendar year during calendar years in which condition "a", as set forth in paragraph

(1)of Section 3-113 of this title, exists;

3. Fifty-five percent (55%) of the average weekly wage of the second preceding calendar year during calendar years in which condition "b", as set forth in paragraph

(2)of Section 3-113 of this title, exists;

4. Fifty-two and one-half percent (52.5%) of the average weekly wage of the second preceding calendar year during calendar years in which condition "c", as set forth in paragraph

(3)of Section 3-113 of this title, exists; and

5. Fifty percent (50%) of the average weekly wage of the second preceding calendar year during calendar years in which condition "d", as set forth in paragraph

(4)of Section 3-113 of this title, exists.

C. Before the last day of June of each year the Commission shall determine the average weekly wage of the preceding calendar year in the following manner:

1. The sum of the total monthly employment reported for the calendar year shall be divided by twelve

(12)to determine the average monthly employment;

2. The sum of the total wages reported for the previous calendar year shall be divided by the average monthly employment to determine the average annual wage; and

3. The average annual wage shall be divided by fifty-two

(52)to determine the average weekly wage. Added by Laws 1980, c. 323, § 2-104, eff. July 1, 1980. Amended by Laws 1983, c. 270, § 4, emerg. eff. June 23, 1983; Laws 1998, c. 161, § 4, eff. July 1, 1998; Laws 2017, c. 345, § 3, eff. July 1, 2017.