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91_HB1149
LRB9102525WHdv
1 AN ACT to amend the Unemployment Insurance Act by
2 changing Sections 235 and 401.
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 235 and 401 as follows:
7 (820 ILCS 405/235) (from Ch. 48, par. 345)
8 Sec. 235. The term "wages" does not include:
9 A. That part of the remuneration which, after
10 remuneration equal to $6,000 with respect to employment has
11 been paid to an individual by an employer during any calendar
12 year after 1977 and before 1980, is paid to such individual
13 by such employer during such calendar year; and that part of
14 the remuneration which, after remuneration equal to $6,500
15 with respect to employment has been paid to an individual by
16 an employer during each calendar year 1980 and 1981, is paid
17 to such individual by such employer during that calendar
18 year; and that part of the remuneration which, after
19 remuneration equal to $7,000 with respect to employment has
20 been paid to an individual by an employer during the calendar
21 year 1982 is paid to such individual by such employer during
22 that calendar year.
23 With respect to the first calendar quarter of 1983, the
24 term "wages" shall include only the remuneration paid to an
25 individual by an employer during such quarter with respect to
26 employment which does not exceed $7,000. With respect to the
27 three calendar quarters, beginning April 1, 1983, the term
28 "wages" shall include only the remuneration paid to an
29 individual by an employer during such period with respect to
30 employment which when added to the "wages" (as defined in the
31 preceding sentence) paid to such individual by such employer
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1 during the first calendar quarter of 1983, does not exceed
2 $8,000.
3 With respect to the calendar year 1984, the term "wages"
4 shall include only the remuneration paid to an individual by
5 an employer during that period with respect to employment
6 which does not exceed $8,000; with respect to calendar years
7 1985, 1986 and 1987, the term "wages" shall include only the
8 remuneration paid to such individual by such employer during
9 that calendar year with respect to employment which does not
10 exceed $8,500.
11 With respect to the calendar years 1988 through 2003 1999
12 2001 and each calendar year
13 thereafter, the term "wages" shall include only the
14 remuneration paid to an individual by an employer during that
15 period with respect to employment which does not exceed
16 $9,000.
17 With respect to the calendar year 2004 2000, the term
18 "wages" shall include only the remuneration paid to an
19 individual by an employer during that period with respect to
20 employment which does not exceed $10,000. The remuneration
21 paid to an individual by an employer with respect to
22 employment in another State or States, upon which
23 contributions were required of such employer under an
24 unemployment compensation law of such other State or States,
25 shall be included as a part of the remuneration equal to
26 $6,000, $6,500, $7,000, $8,000, $8,500, $9,000, or $10,000,
27 as the case may be, herein referred to. For the purposes of
28 this subsection, any employing unit which succeeds to the
29 organization, trade, or business, or to substantially all of
30 the assets of another employing unit, or to the organization,
31 trade, or business, or to substantially all of the assets of
32 a distinct severable portion of another employing unit, shall
33 be treated as a single unit with its predecessor for the
34 calendar year in which such succession occurs, and any
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1 employing unit which is owned or controlled by the same
2 interests which own or control another employing unit shall
3 be treated as a single unit with the unit so owned or
4 controlled by such interests for any calendar year throughout
5 which such ownership or control exists. This subsection
6 applies only to Sections 1400, 1405A, and 1500.
7 B. The amount of any payment (including any amount paid
8 by an employer for insurance or annuities, or into a fund, to
9 provide for any such payment), made to, or on behalf of, an
10 individual or any of his dependents under a plan or system
11 established by an employer which makes provision generally
12 for individuals performing services for him (or for such
13 individuals generally and their dependents) or for a class or
14 classes of such individuals (or for a class or classes of
15 such individuals and their dependents), on account of (1)
16 sickness or accident disability (except those sickness or
17 accident disability payments which would be includable as
18 "wages" in Section 3306(b)(2)(A) of the Federal Internal
19 Revenue Code of 1954, in effect on January 1, 1985, such
20 includable payments to be attributable in such manner as
21 provided by Section 3306(b) of the Federal Internal Revenue
22 Code of 1954, in effect on January 1, 1985), or (2) medical
23 or hospitalization expenses in connection with sickness or
24 accident disability, or (3) death.
25 C. Any payment made to, or on behalf of, an employee or
26 his beneficiary which would be excluded from "wages" by
27 subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
28 3306(b)(5) of the Federal Internal Revenue Code of 1954, in
29 effect on January 1, 1985.
30 D. The amount of any payment on account of sickness or
31 accident disability, or medical or hospitalization expenses
32 in connection with sickness or accident disability, made by
33 an employer to, or on behalf of, an individual performing
34 services for him after the expiration of six calendar months
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1 following the last calendar month in which the individual
2 performed services for such employer.
3 E. Remuneration paid in any medium other than cash by an
4 employing unit to an individual for service in agricultural
5 labor as defined in Section 214.
6 F. The amount of any supplemental payment made by an
7 employer to an individual performing services for him, other
8 than remuneration for services performed, under a shared work
9 plan approved by the Director pursuant to Section 407.1.
10 (Source: P.A. 89-633, eff. 1-1-97; 90-554, eff. 12-12-97.)
11 (820 ILCS 405/401) (from Ch. 48, par. 401)
12 Sec. 401. Weekly Benefit Amount - Dependents'
13 Allowances.
14 A. With respect to any week beginning prior to April 24,
15 1983, an individual's weekly benefit amount shall be an
16 amount equal to the weekly benefit amount as defined in this
17 Act as in effect on November 30, 1982.
18 B. 1. With respect to any week beginning on or after
19 April 24, 1983 and before January 3, 1988, an individual's
20 weekly benefit amount shall be 48% of his prior average
21 weekly wage, rounded (if not already a multiple of one
22 dollar) to the next higher dollar; provided, however, that
23 the weekly benefit amount cannot exceed the maximum weekly
24 benefit amount, and cannot be less than 15% of the statewide
25 average weekly wage, rounded (if not already a multiple of
26 one dollar) to the next higher dollar. However, the weekly
27 benefit amount for an individual who has established a
28 benefit year beginning before April 24, 1983, shall be
29 determined, for weeks beginning on or after April 24, 1983
30 claimed with respect to that benefit year, as provided under
31 this Act as in effect on November 30, 1982. With respect to
32 any week beginning on or after January 3, 1988 and before
33 January 1, 1993, an individual's weekly benefit amount shall
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1 be 49% of his prior average weekly wage, rounded (if not
2 already a multiple of one dollar) to the next higher dollar;
3 provided, however, that the weekly benefit amount cannot
4 exceed the maximum weekly benefit amount, and cannot be less
5 than $51. With respect to any week beginning on or after
6 January 3, 1993, an individual's weekly benefit amount shall
7 be 49.5% of his prior average weekly wage, rounded (if not
8 already a multiple of one dollar) to the next higher dollar;
9 provided, however, that the weekly benefit amount cannot
10 exceed the maximum weekly benefit amount and cannot be less
11 than $51.
12 2. For the purposes of this subsection:
13 With respect to any week beginning on or after April 24,
14 1983, an individual's "prior average weekly wage" means the
15 total wages for insured work paid to that individual during
16 the 2 calendar quarters of his base period in which such
17 total wages were highest, divided by 26. If the quotient is
18 not already a multiple of one dollar, it shall be rounded to
19 the nearest dollar; however if the quotient is equally near 2
20 multiples of one dollar, it shall be rounded to the higher
21 multiple of one dollar.
22 "Determination date" means June 1, 1982, December 1, 1982
23 and December 1 of each succeeding calendar year thereafter.
24 However, if as of June 30, 1982, or any June 30 thereafter,
25 the net amount standing to the credit of this State's account
26 in the unemployment trust fund (less all outstanding advances
27 to that account, including advances pursuant to Title XII of
28 the federal Social Security Act) is greater than
29 $100,000,000, "determination date" shall mean December 1 of
30 that year and June 1 of the succeeding year. Notwithstanding
31 the preceding sentence, for the purposes of this Act only,
32 there shall be no June 1 determination date in any year after
33 1986.
34 "Determination period" means, with respect to each June 1
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1 determination date, the 12 consecutive calendar months ending
2 on the immediately preceding December 31 and, with respect to
3 each December 1 determination date, the 12 consecutive
4 calendar months ending on the immediately preceding June 30.
5 "Benefit period" means the 12 consecutive calendar month
6 period beginning on the first day of the first calendar month
7 immediately following a determination date, except that, with
8 respect to any calendar year in which there is a June 1
9 determination date, "benefit period" shall mean the 6
10 consecutive calendar month period beginning on the first day
11 of the first calendar month immediately following the
12 preceding December 1 determination date and the 6 consecutive
13 calendar month period beginning on the first day of the first
14 calendar month immediately following the June 1 determination
15 date. Notwithstanding the foregoing sentence, the 6 calendar
16 months beginning January 1, 1982 and ending June 30, 1982
17 shall be deemed a benefit period with respect to which the
18 determination date shall be June 1, 1981.
19 "Gross wages" means all the wages paid to individuals
20 during the determination period immediately preceding a
21 determination date for insured work, and reported to the
22 Director by employers prior to the first day of the third
23 calendar month preceding that date.
24 "Covered employment" for any calendar month means the
25 total number of individuals, as determined by the Director,
26 engaged in insured work at mid-month.
27 "Average monthly covered employment" means one-twelfth of
28 the sum of the covered employment for the 12 months of a
29 determination period.
30 "Statewide average annual wage" means the quotient,
31 obtained by dividing gross wages by average monthly covered
32 employment for the same determination period, rounded (if not
33 already a multiple of one cent) to the nearest cent.
34 "Statewide average weekly wage" means the quotient,
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1 obtained by dividing the statewide average annual wage by 52,
2 rounded (if not already a multiple of one cent) to the
3 nearest cent. Notwithstanding any provisions of this Section
4 to the contrary, the statewide average weekly wage for the
5 benefit period beginning July 1, 1982 and ending December 31,
6 1982 shall be the statewide average weekly wage in effect for
7 the immediately preceding benefit period plus one-half of the
8 result obtained by subtracting the statewide average weekly
9 wage for the immediately preceding benefit period from the
10 statewide average weekly wage for the benefit period
11 beginning July 1, 1982 and ending December 31, 1982 as such
12 statewide average weekly wage would have been determined but
13 for the provisions of this paragraph. Notwithstanding any
14 provisions of this Section to the contrary, the statewide
15 average weekly wage for the benefit period beginning April
16 24, 1983 and ending January 31, 1984 shall be $321 and for
17 the benefit period beginning February 1, 1984 and ending
18 December 31, 1986 shall be $335, and for the benefit period
19 beginning January 1, 1987, and ending December 31, 1987,
20 shall be $350, except that for an individual who has
21 established a benefit year beginning before April 24, 1983,
22 the statewide average weekly wage used in determining
23 benefits, for any week beginning on or after April 24, 1983,
24 claimed with respect to that benefit year, shall be $334.80,
25 except that, for the purpose of determining the minimum
26 weekly benefit amount under subsection B(1) for the benefit
27 period beginning January 1, 1987, and ending December 31,
28 1987, the statewide average weekly wage shall be $335; for
29 the benefit periods January 1, 1988 through December 31,
30 1988, January 1, 1989 through December 31, 1989, and January
31 1, 1990 through December 31, 1990, the statewide average
32 weekly wage shall be $359, $381, and $406, respectively.
33 Notwithstanding the preceding sentences of this paragraph,
34 for the benefit period of calendar year 1991, the statewide
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1 average weekly wage shall be $406 plus (or minus) an amount
2 equal to the percentage change in the statewide average
3 weekly wage, as computed in accordance with the preceding
4 sentences of this paragraph, between the benefit periods of
5 calendar years 1989 and 1990, multiplied by $406; and, for
6 the benefit periods of calendar years 1992 through 2003 1999
7 and calendar year 2005 2001 and each calendar year
8 thereafter, the statewide average weekly wage, shall be the
9 statewide average weekly wage, as determined in accordance
10 with this sentence, for the immediately preceding benefit
11 period plus (or minus) an amount equal to the percentage
12 change in the statewide average weekly wage, as computed in
13 accordance with the preceding sentences of this paragraph,
14 between the 2 immediately preceding benefit periods,
15 multiplied by the statewide average weekly wage, as
16 determined in accordance with this sentence, for the
17 immediately preceding benefit period. For the benefit period
18 of 2004 2000, the statewide average weekly wage shall be $636
19 $524. Provided however, that for any benefit period after
20 December 31, 1990, if 2 of the following 3 factors occur,
21 then the statewide average weekly wage shall be the statewide
22 average weekly wage in effect for the immediately preceding
23 benefit period: (a) the average contribution rate for all
24 employers in this State for the calendar year 2 years prior
25 to the benefit period, as a ratio of total contribution
26 payments (including payments in lieu of contributions) to
27 total wages reported by employers in this State for that same
28 period is 0.2% greater than the national average of this
29 ratio, the foregoing to be determined in accordance with
30 rules promulgated by the Director; (b) the balance in this
31 State's account in the unemployment trust fund, as of March
32 31 of the prior calendar year, is less than $250,000,000; or
33 (c) the number of first payments of initial claims, as
34 determined in accordance with rules promulgated by the
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1 Director, for the one year period ending on June 30 of the
2 prior year, has increased more than 25% over the average
3 number of such payments during the 5 year period ending that
4 same June 30; and provided further that if (a), (b) and (c)
5 occur, then the statewide average weekly wage, as determined
6 in accordance with the preceding sentence, shall be 10% less
7 than it would have been but for these provisions. If the
8 reduced amount, computed in accordance with the preceding
9 sentence, is not already a multiple of one dollar, it shall
10 be rounded to the nearest dollar. The 10% reduction in the
11 statewide average weekly wage in the preceding sentence shall
12 not be in effect for more than 2 benefit periods of any 5
13 consecutive benefit periods. This 10% reduction shall not be
14 cumulative from year to year. Neither the freeze nor the
15 reduction shall be considered in the determination of
16 subsequent years' calculations of statewide average weekly
17 wage. However, for purposes of the Workers' Compensation Act,
18 the statewide average weekly wage will be computed using June
19 1 and December 1 determination dates of each calendar year
20 and such determination shall not be subject to the limitation
21 of $321, $335, $350, $359, $381, $406 or the statewide
22 average weekly wage as computed in accordance with the
23 preceding 7 sentences of this paragraph.
24 With respect to any week beginning on or after April 24,
25 1983 and before January 3, 1988, "maximum weekly benefit
26 amount" means 48% of the statewide average weekly wage,
27 rounded (if not already a multiple of one dollar) to the
28 nearest dollar, provided however, that the maximum weekly
29 benefit amount for an individual who has established a
30 benefit year beginning before April 24, 1983, shall be
31 determined, for weeks beginning on or after April 24, 1983
32 claimed with respect to that benefit year, as provided under
33 this Act as amended and in effect on November 30, 1982,
34 except that the statewide average weekly wage used in such
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1 determination shall be $334.80.
2 With respect to any week beginning after January 2, 1988
3 and before January 1, 1993, "maximum weekly benefit amount"
4 with respect to each week beginning within a benefit period
5 means 49% of the statewide average weekly wage, rounded (if
6 not already a multiple of one dollar) to the next higher
7 dollar.
8 With respect to any week beginning on or after January 3,
9 1993, "maximum weekly benefit amount" with respect to each
10 week beginning within a benefit period means 49.5% of the
11 statewide average weekly wage, rounded (if not already a
12 multiple of one dollar) to the next higher dollar.
13 C. With respect to any week beginning on or after April
14 24, 1983 and before January 3, 1988, an individual to whom
15 benefits are payable with respect to any week shall, in
16 addition to such benefits, be paid, with respect to such
17 week, as follows: in the case of an individual with a
18 nonworking spouse, 7% of his prior average weekly wage,
19 rounded (if not already a multiple of one dollar) to the
20 higher dollar; provided, that the total amount payable to the
21 individual with respect to a week shall not exceed 55% of the
22 statewide average weekly wage, rounded (if not already a
23 multiple of one dollar) to the nearest dollar; and in the
24 case of an individual with a dependent child or dependent
25 children, 14.4% of his prior average weekly wage, rounded (if
26 not already a multiple of one dollar) to the higher dollar;
27 provided, that the total amount payable to the individual
28 with respect to a week shall not exceed 62.4% of the
29 statewide average weekly wage, rounded (if not already a
30 multiple of one dollar) to the next higher dollar with
31 respect to the benefit period beginning January 1, 1987 and
32 ending December 31, 1987, and otherwise to the nearest
33 dollar. However, for an individual with a nonworking spouse
34 or with a dependent child or children who has established a
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1 benefit year beginning before April 24, 1983, the amount of
2 additional benefits payable on account of the nonworking
3 spouse or dependent child or children shall be determined,
4 for weeks beginning on or after April 24, 1983 claimed with
5 respect to that benefit year, as provided under this Act as
6 in effect on November 30, 1982, except that the statewide
7 average weekly wage used in such determination shall be
8 $334.80.
9 With respect to any week beginning on or after January 2,
10 1988 and before January 1, 1991 and any week beginning on or
11 after January 1, 1992, and before January 1, 1993, an
12 individual to whom benefits are payable with respect to any
13 week shall, in addition to those benefits, be paid, with
14 respect to such week, as follows: in the case of an
15 individual with a nonworking spouse, 8% of his prior average
16 weekly wage, rounded (if not already a multiple of one
17 dollar) to the next higher dollar, provided, that the total
18 amount payable to the individual with respect to a week
19 shall not exceed 57% of the statewide average weekly wage,
20 rounded (if not already a multiple of one dollar) to the next
21 higher dollar; and in the case of an individual with a
22 dependent child or dependent children, 15% of his prior
23 average weekly wage, rounded (if not already a multiple of
24 one dollar) to the next higher dollar, provided that the
25 total amount payable to the individual with respect to a week
26 shall not exceed 64% of the statewide average weekly wage,
27 rounded (if not already a multiple of one dollar) to the next
28 higher dollar.
29 With respect to any week beginning on or after January 1,
30 1991 and before January 1, 1992, an individual to whom
31 benefits are payable with respect to any week shall, in
32 addition to the benefits, be paid, with respect to such week,
33 as follows: in the case of an individual with a nonworking
34 spouse, 8.3% of his prior average weekly wage, rounded (if
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1 not already a multiple of one dollar) to the next higher
2 dollar, provided, that the total amount payable to the
3 individual with respect to a week shall not exceed 57.3% of
4 the statewide average weekly wage, rounded (if not already a
5 multiple of one dollar) to the next higher dollar; and in the
6 case of an individual with a dependent child or dependent
7 children, 15.3% of his prior average weekly wage, rounded (if
8 not already a multiple of one dollar) to the next higher
9 dollar, provided that the total amount payable to the
10 individual with respect to a week shall not exceed 64.3% of
11 the statewide average weekly wage, rounded (if not already a
12 multiple of one dollar) to the next higher dollar.
13 With respect to any week beginning on or after January 3,
14 1993, an individual to whom benefits are payable with respect
15 to any week shall, in addition to those benefits, be paid,
16 with respect to such week, as follows: in the case of an
17 individual with a nonworking spouse, 9% of his prior average
18 weekly wage, rounded (if not already a multiple of one
19 dollar) to the next higher dollar, provided, that the total
20 amount payable to the individual with respect to a week
21 shall not exceed 58.5% of the statewide average weekly wage,
22 rounded (if not already a multiple of one dollar) to the next
23 higher dollar; and in the case of an individual with a
24 dependent child or dependent children, 16% of his prior
25 average weekly wage, rounded (if not already a multiple of
26 one dollar) to the next higher dollar, provided that the
27 total amount payable to the individual with respect to a week
28 shall not exceed 65.5% of the statewide average weekly wage,
29 rounded (if not already a multiple of one dollar) to the next
30 higher dollar.
31 For the purposes of this subsection:
32 "Dependent" means a child or a nonworking spouse.
33 "Child" means a natural child, stepchild, or adopted
34 child of an individual claiming benefits under this Act or a
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1 child who is in the custody of any such individual by court
2 order, for whom the individual is supplying and, for at least
3 90 consecutive days (or for the duration of the parental
4 relationship if it has existed for less than 90 days)
5 immediately preceding any week with respect to which the
6 individual has filed a claim, has supplied more than one-half
7 the cost of support, or has supplied at least 1/4 of the cost
8 of support if the individual and the other parent, together,
9 are supplying and, during the aforesaid period, have supplied
10 more than one-half the cost of support, and are, and were
11 during the aforesaid period, members of the same household;
12 and who, on the first day of such week (a) is under 18 years
13 of age, or (b) is, and has been during the immediately
14 preceding 90 days, unable to work because of illness or other
15 disability: provided, that no person who has been determined
16 to be a child of an individual who has been allowed benefits
17 with respect to a week in the individual's benefit year shall
18 be deemed to be a child of the other parent, and no other
19 person shall be determined to be a child of such other
20 parent, during the remainder of that benefit year.
21 "Nonworking spouse" means the lawful husband or wife of
22 an individual claiming benefits under this Act, for whom more
23 than one-half the cost of support has been supplied by the
24 individual for at least 90 consecutive days (or for the
25 duration of the marital relationship if it has existed for
26 less than 90 days) immediately preceding any week with
27 respect to which the individual has filed a claim, but only
28 if the nonworking spouse is currently ineligible to receive
29 benefits under this Act by reason of the provisions of
30 Section 500E.
31 An individual who was obligated by law to provide for the
32 support of a child or of a nonworking spouse for the
33 aforesaid period of 90 consecutive days, but was prevented by
34 illness or injury from doing so, shall be deemed to have
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1 provided more than one-half the cost of supporting the child
2 or nonworking spouse for that period.
3 (Source: P.A. 89-633, eff. 1-1-97; 90-554, eff. 12-12-97.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.
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