State of Illinois
90th General Assembly
Legislation

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90_HB0937

      820 ILCS 405/205          from Ch. 48, par. 315
          Amends the Unemployment Insurance Act.  Makes a stylistic
      change  in  a  provision   concerning   the   definition   of
      "employer".
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                                               LRB9003762WHgc
 1        AN  ACT  to  amend  the  Unemployment  Insurance  Act  by
 2    changing Section 205.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Unemployment Insurance Act is amended  by
 6    changing Section 205 as follows:
 7        (820 ILCS 405/205) (from Ch. 48, par. 315)
 8        Sec. 205. "Employer" means:
 9        A.  With  respect  to the years 1937, 1938, and 1939, any
10    employing unit which has or had in employment 8 eight or more
11    individuals on some portion of a  day,  but  not  necessarily
12    simultaneously,   and   irrespective   of  whether  the  same
13    individuals are or were employed on each such day within each
14    of twenty or more calendar weeks, whether or not  such  weeks
15    are  or  were  consecutive,  within  either  the  current  or
16    preceding calendar year;
17        B.  1.  With  respect  to  the  years  1940 through 1955,
18    inclusive, any employing unit which has or had in  employment
19    six  or  more  individuals  within  each  of  twenty  or more
20    calendar  weeks  (but  not  necessarily  simultaneously   and
21    irrespective  of  whether  the  same  individuals are or were
22    employed in each such week), whether or not such weeks are or
23    were consecutive, within  either  the  current  or  preceding
24    calendar year;
25        2.  With   respect   to  the  years  1956  through  1971,
26    inclusive, any employing unit which has or had in  employment
27    four  or  more  individuals  within  each  of  twenty or more
28    calendar  weeks  (but  not  necessarily  simultaneously   and
29    irrespective  of  whether  the  same  individuals are or were
30    employed in each such week), whether or not such weeks are or
31    were consecutive, within  either  the  current  or  preceding
                            -2-                LRB9003762WHgc
 1    calendar year;
 2        3.  With respect to the years 1972 and thereafter, except
 3    as provided in subsection K and in Section 301, any employing
 4    unit  which  (1)  pays  or  paid, for services in employment,
 5    wages of at least $1500 within any calendar quarter in either
 6    the current or preceding calendar year; or (2) has or had  in
 7    employment  at least one individual on some portion of a day,
 8    irrespective  of  whether  the  same  individual  is  or  was
 9    employed on each such day, within  each  of  twenty  or  more
10    calendar  weeks,  whether  or  not  such  weeks  are  or were
11    consecutive, within either the current or preceding  calendar
12    year;
13        4.  With  respect  to  the years 1972 and thereafter, any
14    nonprofit organization as defined in Section 211.2, except as
15    provided in subsection K and in Section 301;
16        5.  With respect to the years 1972  and  thereafter,  the
17    State of Illinois and each of its instrumentalities; and with
18    respect  to  the years 1978 and thereafter, each governmental
19    entity referred to in clause (B) of Section 211.1, except  as
20    provided in Section 301;
21        6.  With  respect  to  the years 1978 and thereafter, any
22    employing unit for which service  in  agricultural  labor  is
23    performed  in  employment as defined in Section 211.4, except
24    as provided in subsection K and in Section 301;
25        7.  With respect to the years 1978  and  thereafter,  any
26    employing  unit  for  which  domestic service is performed in
27    employment as defined in Section 211.5, except as provided in
28    subsection K and in Section 301;
29        C.  Any individual or employing unit which  succeeded  to
30    the  organization,  trade,  or  business of another employing
31    unit which at the time of such succession  was  an  employer,
32    and  any  individual or employing unit which succeeded to the
33    organization, trade, or business of  any  distinct  severable
34    portion  of another employing unit, which portion, if treated
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 1    as a separate employing unit, would have been, at the time of
 2    the succession, an employer under subsections A or B of  this
 3    Section;
 4        D.  Any  individual  or employing unit which succeeded to
 5    any of the assets of an employer or to any of the assets of a
 6    distinct severable portion thereof,  if  such  portion,  when
 7    treated  as  a  separate  employing unit would be an employer
 8    under subsections A or  B  of  this  Section,  by  any  means
 9    whatever,  otherwise than in the ordinary course of business,
10    unless and until it is proven in any  proceeding  where  such
11    issue is involved that all of the following exist:
12             1.  The successor unit has not assumed a substantial
13        amount of the predecessor unit's obligations; and
14             2.  The   successor   unit   has   not   acquired  a
15        substantial amount of the predecessor unit's  good  will;
16        and
17             3.  The  successor unit has not continued or resumed
18        a substantial part of the  business  of  the  predecessor
19        unit in the same establishment;
20        E.  Any  individual  or employing unit which succeeded to
21    the organization, trade, or business, or to any of the assets
22    of a predecessor unit (unless and until it is proven  in  any
23    proceeding   where  such  issue  is  involved  that  all  the
24    conditions enumerated in subsection D of this Section exist),
25    if the experience of the successor unit  subsequent  to  such
26    succession  plus the experience of the predecessor unit prior
27    to such succession, both within the same calendar year, would
28    equal the experience necessary  to  constitute  an  employing
29    unit an employer under subsections A or B of this Section;
30        For   the   purposes   of   this   subsection,  the  term
31    "predecessor  unit"  shall  include  any  distinct  severable
32    portion of an employing unit.
33        F.  With  respect  to  the  years  1937   through   1955,
34    inclusive, any employing unit which together with one or more
                            -4-                LRB9003762WHgc
 1    other  employing  units  is  owned or controlled, directly or
 2    indirectly, by legally enforceable means or otherwise, by the
 3    same interests, or which owns or controls one or  more  other
 4    employing   units   directly   or   indirectly,   by  legally
 5    enforceable means or otherwise, and which  if  treated  as  a
 6    single  unit  with such other employing units or interests or
 7    both would be an employer under subsections A or  B  of  this
 8    Section;
 9        G.  Any  employing  unit which, having become an employer
10    under subsections A, B, C, D, E, or F of  this  Section,  has
11    not, under Section 301, ceased to be an employer;
12        H.  For  the effective period of its election pursuant to
13    Section 302, any other employing unit which  has  elected  to
14    become fully subject to this Act;
15        I.  Any employing unit which is an employer under Section
16    245; or
17        J.  Any  employing  unit which, having become an employer
18    under Section 245, has not, with respect to the year 1960  or
19    thereafter, ceased to be an employer under Section 301.
20        K.  In  determining  whether or not an employing unit for
21    which service other than domestic service is  also  performed
22    is  an  employer under paragraphs 3, 4, or 6 of subsection B,
23    the domestic service of an  individual  and  the  wages  paid
24    therefor  shall  not  be  taken  into account. In determining
25    whether or not an employing unit for which service other than
26    agricultural labor is also performed  is  an  employer  under
27    paragraphs  4  or  7  of  subsection  B,  the  service  of an
28    individual in agricultural labor and the wages paid  therefor
29    shall  not  be taken into account. An employing unit which is
30    an employer under paragraph 6 of subsection B is an  employer
31    under paragraph 3 of subsection B.
32    (Source: P.A. 87-1178.)

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