It is enacted by the General Assembly as follows
SECTION 1. Section 28-41-5 of the General Laws in Chapter 28-41 entitled "Temporary Disability Insurance -- Benefits" is hereby amended to read as follows:
28-41-5. Weekly benefit rate. -- (a) Benefit rate. (1) The benefit rate payable under this chapter to any eligible individual with respect to any week of his or her unemployment due to sickness, when that week occurs within a benefit year, shall be:
for benefit years beginning on or after October 7, l990, four and sixty-two hundredths percent (4.62%) of the wages paid to the individual in that calendar quarter of the base period in which the individual's wages were highest; provided, however, that the benefit rate shall not exceed seventy percent (70%), effective July 1, 1990 seventy-five percent (75%), and effective July 1, 1991 eighty percent (80%), and effective July 1, 1992 eighty-five percent (85%) of the average weekly wage paid to individuals covered by the Employment Security Act of the state of Rhode Island for the preceding calendar year ending December 31. If the said maximum weekly benefit rate is not an exact multiple of one dollar ($1.00) then the said rate shall be raised to the next higher multiple of one dollar ($1.00). Those weekly benefit rates shall be effective throughout the benefit years beginning on 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 exact multiple of one dollar ($1.00) shall be raised to the next higher multiple of one dollar ($1.00).
(b) Dependents' allowances. An individual to whom benefits for unemployment due to sickness are payable under this chapter with respect to any week, shall, in addition to those benefits, be paid with respect to each week a dependent's allowance of ten dollars ($10.00) or five percent (5%), and effective July 1, 1990 six percent (6%), and effective July 1, 1991 seven percent (7%), of the individual's benefit rate payable under subsection (a), whichever is greater for each of that individual's children, including adopted and stepchildren {ADD or that individual's court appointed wards ADD} who, at the beginning of the individual's benefit year is under eighteen (18) years of age and who is at that time in fact dependent on that individual. Such a dependent's allowance shall also be paid to that individual for any child, including an adopted child or a stepchild {ADD or that individual's court appointed ward ADD}, eighteen (18) years of age or over, incapable of earning any wages because of mental or physical incapacity, and who is dependent on that individual in fact at the beginning of the individual's benefit year. However, in no instance shall the number of dependents for which an individual may receive dependents' allowances exceed five (5) in total. The weekly total of dependents' allowances payable to any individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the next lower multiple of one dollar ($1.00). The number of an individual's dependents, and the fact of their dependency, shall be determined as of the beginning of that individual's benefit year; provided, however, that only one individual shall be entitled to a dependent's allowance for the same dependent with respect to any week. Each individual who claims a dependent's allowance shall establish his or her claim thereto to the satisfaction of the director under procedures established by the director. This provision shall be effective for all benefit years beginning on or after July 1, 1988.
(c) Any individual's benefit rate and/or dependents' allowance in effect for a benefit year, shall continue in effect until the end of that benefit year.
SECTION 2. Section 28-44-6 of the General Laws in Chapter 28-44 entitled "Employment Security -- Benefits" is hereby amended to read as follows:
28-44-6. Weekly benefits for total unemployment -- Year established -- Dependents' allowance. -- (a)(1) The benefit rate payable under this chapter to any eligible individual with respect to any week of his or her total unemployment, when that week occurs within a benefit year, shall be, for benefit years beginning on or after October 1, 1989, four and sixty-two hundredths percent (4.62%) of the wages paid to the individual in that calendar quarter of the base period in which the individual's wages were highest;
(2) Provided, however, that the benefit rate shall not be more than sixty seven percent (67%) of the average weekly wage paid to individuals in employment covered by the for the preceding calendar year ending December 31. If the maximum weekly benefit rate is not an exact multiple of one dollar ($1.00), then the rate shall be rounded to the next lower multiple of one dollar ($1.00).
(3) The average weekly wage of individuals in covered employment shall be computed as follows: On or before May 31 of each year, the total annual wages paid to individuals in covered employment for the preceding calendar year by all employers shall be divided by the monthly average number of individuals in covered employment during that preceding calendar year, and the quotient shall be divided by fifty-two (52). That weekly benefit rates shall be effective throughout benefit years beginning on or after July 1 of that year and prior to July 1, of the succeeding calendar year.
(4) The benefit rate of any individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the next lower multiple of one dollar ($1.00).
(b)(1) An individual to whom benefits for total or partial unemployment are payable under this chapter with respect to any week shall, in addition to those benefits, be paid with respect to each week a dependent's allowance of ten dollars ($10.00) or five percent (5%) of the individual's allowance benefit rate whichever is greater for each of that individual's children, including adopted and stepchildren, {ADD or that individual's court appointed wards ADD} who, at the beginnig of the individual's benefit year, isunder eighteen (18) years of age, and who is at that time in fact dependent on that individual.
(2) The dependent's allowance shall also be paid to the individual for any child, including an adopted child or a stepchild, eighteen (18) years of age or over, incapable of earning any wages because of mental or physical incapacity, and who is dependent on that individual in fact at the beginning of the individual's benefit year.
(3) However, in no instance shall the number of dependents for which an individual may receive dependents' allowances exceed five (5) in total.
(4) The weekly total of dependents' allowances payable to any individual, if not an exact multiple of one dollar ($1.00), shall be rounded to the next lower multiple of one dollar ($1.00).
(5) The number of an individual's dependents, and the fact of their dependency, shall be determined as of the beginning of that individual's benefit year; provided, however, that only one individual shall be entitled to a dependent's allowance for the same dependent with respect to any week. As to two (2) or more parties making claim for an allowance for the same dependent for the same week, the benefit shall be provided to the party who has actual custody of the dependent, or in the case of joint custody, to the party who has physical possession of the dependent.
(6) Each individual who claims a dependent's allowance shall establish his or her claim thereto to the satisfaction of the director under procedures established by the director.
(7) This subsection shall be effective for all benefit years beginning on or after July 1, 1985.
SECTION 3. This act shall take effect upon passage.
