1. A. The unemployed individual, during the individual's base period, shall have been paid wages for insured work of not less than:

   1. 1. One Thousand Five Hundred Dollars ($1,500.00); and

   2. 2. One and one-half (1 1/2) times the amount of wages during that quarter of the individual's base period in which such wages were highest.

      Notwithstanding the preceding provision, an individual with base period wages equal to or more than the highest annual amount of taxable wages that applies to any calendar year in which the claim for unemployment benefits was filed shall be eligible for benefits.

2. B.

   1. 1. If an individual lacks sufficient base period wages under subsection A of this section to establish a claim for benefits, any wages paid in the individual's alternative base period shall be considered as the individual's base period wages.
   2. 2. If the Commission has not received wage information from the individual's employer for the most recent calendar quarter of the alternative base period, the Commission shall accept an affidavit from the individual supported by wage information such as check stubs, deposit slips, or other supporting documentation to determine wages paid.
   3. 3. A determination of benefits based on an alternative base period shall be adjusted when the quarterly wage report is received from the employer, if the wage information in the report differs from that reported by the individual.
   4. 4. If alternative base period wages are established by affidavit of the individual, the employer to which the wages are attributed will have the right to protest the wages reported. If a protest is made, the employer must provide documentary evidence of wages paid to the individual. The Commission will determine the wages paid based on the preponderance of the evidence presented by each party.
   5. 5. Provided, no wages used to establish a claim under an alternative base period shall be subsequently used to establish a second benefit year.
   6. 6. Provided, in any calendar year in which the balance in the Unemployment Compensation Fund is below the amount required to initiate conditional factors pursuant to the provisions of Section 3-113 of this title, this subsection shall not apply and no alternative base period shall be available.

Laws 1980, SB 637, c. 323, § 2-207, emerg. eff. July 1, 1980; Amended by Laws 1983, HB 1223, c. 270, § 6, emerg. eff. June 23, 1983; Amended by Laws 1995, HB 1462, c. 340, § 5, emerg. eff. July 1, 1995; Amended by Laws 2002, SB 1404, c. 452, § 9, eff. November 1, 2002 (superseded document available).