State of Illinois
90th General Assembly
Legislation

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90_SB1752

      820 ILCS 405/1506.1       from Ch. 48, par. 576.1
      820 ILCS 405/1506.3       from Ch. 48, par. 576.3
          Amends the Unemployment  Insurance  Act.   Makes  changes
      concerning the determination of employers' contribution rates
      and fund building rates for 1999 and subsequent years.
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 1        AN  ACT  to  amend  the  Unemployment  Insurance  Act  by
 2    changing Sections 1506.1 and 1506.3.
 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 Sections 1506.1 and 1506.3 as follows:
 7        (820 ILCS 405/1506.1) (from Ch. 48, par. 576.1)
 8        Sec.  1506.1.   Determination  of Employer's Contribution
 9    Rate.
10        A.  The contribution rate for any calendar year prior  to
11    1982  of  each  employer  who  has incurred liability for the
12    payment of contributions within each of  the  three  calendar
13    years  immediately  preceding  the  calendar year for which a
14    rate is being determined shall be  determined  in  accordance
15    with  the  provisions of this Act as amended and in effect on
16    October 5, 1980.
17        B.  The contribution rate for  calendar  years  1982  and
18    1983  of  each  employer  who  has incurred liability for the
19    payment of contributions within each of  the  three  calendar
20    years  immediately  preceding  the  calendar year for which a
21    rate is being determined shall be  the  product  obtained  by
22    multiplying  the  employer's  benefit  wage  ratio  for  that
23    calendar year by the adjusted state experience factor for the
24    same year, provided that:
25             1.  No  employer's  contribution rate shall be lower
26        than two-tenths of 1 percent or higher than 5.3%; and
27             2.  Intermediate  contribution  rates  between  such
28        minimum and maximum rates shall  be  at  one-tenth  of  1
29        percent intervals.
30             3.  If  the  product  obtained  as  provided in this
31        subsection is not an exact multiple  of  one-tenth  of  1
                            -2-                LRB9009700WHmg
 1        percent,  it  shall  be increased or reduced, as the case
 2        may be, to the nearer multiple of one-tenth of 1 percent.
 3        If such product is  equally  near  to  two  multiples  of
 4        one-tenth  of  1  percent,  it  shall be increased to the
 5        higher multiple of  one-tenth  of  1  percent.   If  such
 6        product  is less than two-tenths of one percent, it shall
 7        be increased to two-tenths of 1 percent, and  if  greater
 8        than 5.3%, it shall be reduced to 5.3%.
 9        The  contribution  rate  of  each employer for whom wages
10    became benefit wages during the applicable  period  specified
11    in Section 1503, but who paid no contributions upon wages for
12    insured  work  during  such  period  on  or  before  the date
13    designated in Section 1503, shall be 5.3%.
14        The contribution rate of each employer for whom no  wages
15    became  benefit  wages during the applicable period specified
16    in Section 1503, and who paid no contributions upon wages for
17    insured work  during  such  period  on  or  before  the  date
18    specified in Section 1503, shall be 2.7 percent.
19        Notwithstanding  the other provisions of this Section, no
20    employer's contribution rate with respect to  calendar  years
21    1982  and  1983  shall  exceed  2.7  percent of the wages for
22    insured work paid by him during any calendar quarter, if such
23    wages paid during  such  calendar  quarter  total  less  than
24    $50,000.
25        C.  The  contribution  rate for calendar years 1984, 1985
26    and 1986 of each employer who has incurred liability for  the
27    payment  of  contributions  within  each  of the two calendar
28    years immediately preceding the calendar  year  for  which  a
29    rate  is  being  determined  shall be the product obtained by
30    multiplying  the  employer's  benefit  wage  ratio  for  that
31    calendar year by the adjusted state experience factor for the
32    same year, provided that:
33             1.  An employer's minimum contribution rate shall be
34        the  greater  of:  .2%;  or,  the  product  obtained   by
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 1        multiplying  .2%  by the adjusted state experience factor
 2        for the applicable calendar year.
 3             2.  An employer's maximum contribution rate shall be
 4        the greater of 5.5%  or  the  product  of  5.5%  and  the
 5        adjusted  State  experience  factor  for  the  applicable
 6        calendar  year except that such maximum contribution rate
 7        shall not be higher than 6.3% for calendar year 1984, nor
 8        be higher than 6.6% or lower than 6.4% for calendar  year
 9        1985,  nor  be  higher  than  6.7% or lower than 6.5% for
10        calendar year 1986.
11             3.  If any product obtained in  this  subsection  is
12        not  an  exact  multiple  of one-tenth of one percent, it
13        shall be increased or reduced, as the case may be to  the
14        nearer  multiple  of  one-tenth  of  one percent. If such
15        product is equally near to two multiples of one-tenth  of
16        one percent, it shall be increased to the higher multiple
17        of one-tenth of one percent.
18             4.  Intermediate  rates  between  such  minimum  and
19        maximum  rates  shall  be  at  one-tenth  of  one percent
20        intervals.
21        The contribution rate of each  employer  for  whom  wages
22    became  benefit  wages during the applicable period specified
23    in Section 1503, but who paid no contributions upon wages for
24    insured work  during  such  period  on  or  before  the  date
25    designated in Section 1503, shall be the maximum contribution
26    rate  as  determined  by  paragraph 2 of this subsection. The
27    contribution rate for each employer for whom no wages  became
28    benefit  wages  during the applicable period on or before the
29    date specified in Section 1503, and who paid no contributions
30    upon wages for insured work during such period on  or  before
31    the  date  specified in Section 1503, shall be the greater of
32    2.7% or 2.7% times the then current adjusted state experience
33    factor as determined by the Director in accordance  with  the
34    provisions of Sections 1504 and 1505.
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 1        Notwithstanding, the other provisions of this Section, no
 2    employer's  contribution  rate  with  respect to the calendar
 3    year 1984 shall exceed 2.7 percent  times  the  then  current
 4    adjusted   state  experience  factor  as  determined  by  the
 5    Director in accordance with the provisions of  Sections  1504
 6    and 1505 of the wages for insured work paid by him during any
 7    calendar  quarter,  if  such  wages paid during such calendar
 8    quarter total less than $50,000.
 9        D.  The contribution rate for calendar years 1987,  1988,
10    1989 and 1990 of each employer who has incurred liability for
11    the  payment  of  contributions  within  each  of  the  three
12    calendar  years  immediately  preceding the calendar year for
13    which a  rate  is  being  determined  shall  be  the  product
14    obtained by multiplying the employer's benefit wage ratio for
15    that  calendar  year  by the adjusted state experience factor
16    for the same year, provided, that:
17             1.  An employer's minimum contribution rate shall be
18        the greater of .2% or the product obtained by multiplying
19        .2% by the  adjusted  State  experience  factor  for  the
20        applicable calendar year.
21             2.  An employer's maximum contribution rate shall be
22        the  greater  of  5.5%  or  the  product  of 5.5% and the
23        adjusted State experience factor for  the  calendar  year
24        1987 except that such maximum contribution rate shall not
25        be  higher than 6.7% or lower than 6.5% and an employer's
26        maximum contribution rate for 1988, 1989 and  1990  shall
27        be  the  greater  of  6.4% or the product of 6.4% and the
28        adjusted  State  experience  factor  for  the  applicable
29        calendar year.
30             3.  If any product obtained in  this  subsection  is
31        not  an  exact  multiple  of one-tenth of one percent, it
32        shall be increased or reduced, as the case may be to  the
33        nearer  multiple  of  one-tenth  of  1  percent.  If such
34        product is equally near to two multiples of one-tenth  of
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 1        1  percent,  it shall be increased to the higher multiple
 2        of one-tenth of 1 percent.
 3             4.  Intermediate  rates  between  such  minimum  and
 4        maximum  rates  shall  be  at  one-tenth  of  1   percent
 5        intervals.
 6        The  contribution  rate  of  each employer for whom wages
 7    became benefit wages during the applicable  period  specified
 8    in  Section  1503,  but  who did not report wages for insured
 9    work during such period, shall be  the  maximum  contribution
10    rate  as  determined  by paragraph 2 of this subsection.  The
11    contribution rate for each employer for whom no wages  became
12    benefit  wages  during  the  applicable  period  specified in
13    Section 1503, and who did not report wages for  insured  work
14    during  such  period,  shall  be  the greater of 2.7% or 2.7%
15    times the then current adjusted State  experience  factor  as
16    determined  by the Director in accordance with the provisions
17    of Sections 1504 and 1505.
18        E.  The contribution rate for calendar year 1991 and each
19    calendar year thereafter of each employer  who  has  incurred
20    liability for the payment of contributions within each of the
21    three  calendar years immediately preceding the calendar year
22    for which a rate is being determined  shall  be  the  product
23    obtained  by multiplying the employer's benefit ratio defined
24    by Section 1503.1 for that  calendar  year  by  the  adjusted
25    state experience factor for the same year, provided that:
26             1.  Except  as otherwise provided in this paragraph,
27        An employer's  minimum  contribution  rate  for  calendar
28        years  prior to 1996 and for calendar years 1997 and 1998
29        shall be the greater of 0.2% or the product  obtained  by
30        multiplying  0.2% by the adjusted state experience factor
31        for the applicable calendar year. An  employer's  minimum
32        contribution  rate for calendar years after 1998 shall be
33        the  greater  of  0.1%  or  the   product   obtained   by
34        multiplying  0.1% by the adjusted state experience factor
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 1        for the applicable calendar year. An  employer's  minimum
 2        contribution rate shall be 0.1% for calendar year 1996.
 3             2.  An employer's maximum contribution rate shall be
 4        the  greater  of  6.4%  or  the  product  of 6.4% and the
 5        adjusted  state  experience  factor  for  the  applicable
 6        calendar year.
 7             3.  If any product obtained in  this  subsection  is
 8        not  an  exact  multiple  of one-tenth of one percent, it
 9        shall be increased or reduced, as the case may be to  the
10        nearer  multiple  of  one-tenth  of  one percent. If such
11        product is equally near to two multiples of one-tenth  of
12        one percent, it shall be increased to the higher multiple
13        of one-tenth of one percent.
14             4.  Intermediate  rates  between  such  minimum  and
15        maximum  rates  shall  be  at  one-tenth  of  one percent
16        intervals.
17        The contribution rate of each  employer  for  whom  wages
18    became  benefit  wages during the applicable period specified
19    in Section 1503 or for whom benefit payments  became  benefit
20    charges  during  the  applicable  period specified in Section
21    1503.1, but who did not report wages for insured work  during
22    such  period,  shall  be  the  maximum  contribution  rate as
23    determined  by  paragraph  2   of   this   subsection.    The
24    contribution  rate for each employer for whom no wages became
25    benefit wages  during  the  applicable  period  specified  in
26    Section  1503  or for whom no benefit payments became benefit
27    charges during the applicable  period  specified  in  Section
28    1503.1,  and who did not report wages for insured work during
29    such period, shall be the greater of 2.7% or 2.7%  times  the
30    then  current  adjusted state experience factor as determined
31    by the Director in accordance with the provisions of Sections
32    1504 and 1505.
33        F.  Notwithstanding the other provisions of this Section,
34    and pursuant to Section 271 of  the  Tax  Equity  and  Fiscal
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 1    Responsibility   Act  of  1982,  as  amended,  no  employer's
 2    contribution rate with respect to calendar years 1985,  1986,
 3    1987  and  1988  shall, for any calendar quarter during which
 4    the wages paid by that employer are less than $50,000, exceed
 5    the following: with respect to calendar year 1985, 3.7%; with
 6    respect to calendar year 1986, 4.1%; with respect to calendar
 7    year 1987, 4.5%; and with  respect  to  calendar  year  1988,
 8    5.0%.
 9        G.  Notwithstanding the other provisions of this Section,
10    no employer's contribution rate with respect to calendar year
11    1989  and  each calendar year thereafter shall exceed 5.4% of
12    the wages for insured work paid by him  during  any  calendar
13    quarter,  if  such  wages  paid  during such calendar quarter
14    total less than $50,000.
15    (Source: P.A. 89-446, eff. 2-8-96.)
16        (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3)
17        Sec.   1506.3.    Fund   building   rates   -   Temporary
18    Administrative Funding.
19        A.  Notwithstanding any other provision of this Act,  the
20    following  fund  building  rates  shall  be in effect for the
21    following calendar years:
22        For each employer whose contribution rate for 1988, 1989,
23    1990, the first, third, and fourth quarters of 1991, and 1992
24    through, 1993, 1994, 1995, and 1997 and 1998 and any calendar
25    year thereafter would, in the absence  of  this  Section,  be
26    0.2%  or  higher, or whose contribution rate for 1999 and any
27    calendar year  thereafter  would,  in  the  absence  of  this
28    Section,  be 0.1% or higher, a contribution rate which is the
29    sum of such rate and 0.4%;
30        For each employer whose contribution rate for the  second
31    quarter  of  1991  would,  in the absence of this Section, be
32    0.2% or higher, a contribution rate which is the sum of  such
33    rate and 0.3%;
                            -8-                LRB9009700WHmg
 1        For each employer whose contribution rate for 1996 would,
 2    in  the  absence  of  this  Section,  be  0.1%  or  higher, a
 3    contribution rate which is the sum of such rate and 0.4%;
 4        Notwithstanding the preceding paragraphs of this  Section
 5    or any other provision of this Act, except for the provisions
 6    contained  in  Section 1500 pertaining to rates applicable to
 7    employers classified under the Standard Industrial  Code,  no
 8    employer  whose  total  wages  for  insured  work paid by him
 9    during any calendar quarter in 1988  and  any  calendar  year
10    thereafter are less than $50,000 shall pay contributions at a
11    rate   with   respect  to  such  quarter  which  exceeds  the
12    following: with respect  to  calendar  year  1988,  5%;  with
13    respect to 1989 and any calendar year thereafter, 5.4%.
14        Notwithstanding  the preceding paragraph of this Section,
15    or  any  other  provision  of   this   Act,   no   employer's
16    contribution rate with respect to calendar years 1993 through
17    1995  shall  exceed 5.4% if the employer ceased operations at
18    an Illinois  manufacturing  facility  in  1991  and  remained
19    closed  at that facility during all of 1992, and the employer
20    in 1993 commits to invest at least $5,000,000 for the purpose
21    of resuming operations at that  facility,  and  the  employer
22    rehires  during 1993 at least 250 of the individuals employed
23    by it at that facility during the one year  period  prior  to
24    the  cessation  of  its  operations, provided that, within 30
25    days after the effective date of this amendatory Act of 1993,
26    the employer makes application to the Department to have  the
27    provisions  of  this  paragraph apply to it.  The immediately
28    preceding sentence shall be null and void with respect to  an
29    employer  which  by  December  31, 1993 has not satisfied the
30    rehiring requirement specified by this paragraph or which  by
31    December  31,  1994  has not made the investment specified by
32    this paragraph.
33        B.  Notwithstanding any other provision of this Act,  for
34    the  second  quarter  of  1991, the contribution rate of each
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 1    employer as determined  in  accordance  with  Sections  1500,
 2    1506.1,  and  subsection  A of this Section shall be equal to
 3    the sum of such rate and 0.1%; provided that this  subsection
 4    shall  not  apply  to  any employer whose rate computed under
 5    Section 1506.1 for such quarter is  between  5.1%  and  5.3%,
 6    inclusive,  and  who  qualifies  for  the  5.4%  rate ceiling
 7    imposed by the  last  paragraph  of  subsection  A  for  such
 8    quarter.  All payments made pursuant to this subsection shall
 9    be  deposited  in the Employment Security Administrative Fund
10    established  under  Section   2103.1   and   used   for   the
11    administration of this Act.
12        C.  Payments   received   by   the   Director  which  are
13    insufficient to pay the total contributions due under the Act
14    shall be first applied to satisfy the amount due pursuant  to
15    subsection B.
16        D.  All   provisions   of  this  Act  applicable  to  the
17    collection or refund of any contribution due under  this  Act
18    shall  be  applicable  to the collection or refund of amounts
19    due pursuant to subsection B.
20    (Source: P.A. 88-518; 89-446, eff. 2-8-96.)

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