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90_SB0352
820 ILCS 405/602 from Ch. 48, par. 432
Amends the Unemployment Insurance Act. Makes a stylistic
change in a provision concerning discharge for misconduct.
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1 AN ACT to amend the Unemployment Insurance Act by
2 changing Section 602.
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 602 as follows:
7 (820 ILCS 405/602) (from Ch. 48, par. 432)
8 Sec. 602. Discharge for misconduct - Felony. A. An
9 individual shall be ineligible for benefits for the week in
10 which he has been discharged for misconduct connected with
11 his work and, thereafter, until he has become reemployed and
12 has had earnings equal to or in excess of his current weekly
13 benefit amount in each of 4 four calendar weeks which are
14 either for services in employment, or have been or will be
15 reported pursuant to the provisions of the Federal Insurance
16 Contributions Act by each employing unit for which such
17 services are performed and which submits a statement
18 certifying to that fact. The requalification requirements of
19 the preceding sentence shall be deemed to have been
20 satisfied, as of the date of reinstatement, if, subsequent to
21 his discharge by an employing unit for misconduct connected
22 with his work, such individual is reinstated by such
23 employing unit. For purposes of this subsection, the term
24 "misconduct" means the deliberate and willful violation of a
25 reasonable rule or policy of the employing unit, governing
26 the individual's behavior in performance of his work,
27 provided such violation has harmed the employing unit or
28 other employees or has been repeated by the individual
29 despite a warning or other explicit instruction from the
30 employing unit.
31 B. Notwithstanding any other provision of this Act, no
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1 benefit rights shall accrue to any individual based upon
2 wages from any employer for service rendered prior to the day
3 upon which such individual was discharged because of the
4 commission of a felony in connection with his work, or
5 because of theft in connection with his work, for which the
6 employer was in no way responsible; provided, that the
7 employer notified the Director of such possible ineligibility
8 within the time limits specified by regulations of the
9 Director, and that the individual has admitted his commission
10 of the felony or theft to a representative of the Director,
11 or has signed a written admission of such act and such
12 written admission has been presented to a representative of
13 the Director, or such act has resulted in a conviction or
14 order of supervision by a court of competent jurisdiction;
15 and provided further, that if by reason of such act, he is in
16 legal custody, held on bail or is a fugitive from justice,
17 the determination of his benefit rights shall be held in
18 abeyance pending the result of any legal proceedings arising
19 therefrom.
20 (Source: P.A. 85-956.)