Rep. Lisa M. Dugan
Filed: 11/12/2010
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1 | AMENDMENT TO HOUSE BILL 2108
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2 | AMENDMENT NO. ______. Amend House Bill 2108 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unemployment Insurance Act is amended by | ||||||
5 | adding Section 407.5 as follows: | ||||||
6 | (820 ILCS 405/407.5 new) | ||||||
7 | Sec. 407.5. Shared Work Benefits. | ||||||
8 | A. Notwithstanding any other provision of this Act, for the | ||||||
9 | purposes of this Section an individual is "unemployed" in any | ||||||
10 | week if the individual works less than his or her normal hours | ||||||
11 | or number of days in a week for the individual's regular | ||||||
12 | employer, and the Director finds that the regular employer has | ||||||
13 | reduced or restricted the individual's hours or days of work, | ||||||
14 | or has rehired an individual previously laid off and reduced | ||||||
15 | that individual's hours or days of work from those previously | ||||||
16 | worked, as the result of a plan by the regular employer to |
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1 | reduce unemployment and stabilize the work force through a | ||||||
2 | program of sharing the work remaining after a reduction in | ||||||
3 | total hours of work and a corresponding reduction in wages, | ||||||
4 | among not less than 10% of the employer's regular permanent | ||||||
5 | work force involved in the affected work unit or units. | ||||||
6 | B. Except as otherwise provided in this Section, each | ||||||
7 | individual eligible under this Act who is "unemployed" in any | ||||||
8 | week shall be paid with respect to that week a weekly shared | ||||||
9 | work benefit amount equal to the percentage of reduction of the | ||||||
10 | individual's wages resulting from reduced hours or days of | ||||||
11 | work, rounded to the nearest 10%, multiplied by 50% of the | ||||||
12 | lesser of the individual's current full time weekly wage | ||||||
13 | rounded to the next higher dollar or the Statewide average | ||||||
14 | weekly wage as defined in paragraph 2 of subsection B of | ||||||
15 | Section 401 of this Act, except that this provision shall apply | ||||||
16 | only if the percentage of reduction is 10% or more. The shared | ||||||
17 | work benefit amount shall be rounded (if not already a multiple | ||||||
18 | of one dollar) to the next higher dollar. | ||||||
19 | C. No individual shall be paid any benefits under this | ||||||
20 | Section in excess of 20 weeks of benefits during a period of 52 | ||||||
21 | consecutive weeks, beginning with the first week of benefits | ||||||
22 | paid under this Section. An individual shall be ineligible for | ||||||
23 | benefits under this Section for any week with respect to which | ||||||
24 | the individual has made a claim for unemployment insurance | ||||||
25 | benefits pursuant to any other Section of this Act or under an | ||||||
26 | unemployment insurance law of any other State or Canada or |
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1 | under an unemployment insurance system established by an Act of | ||||||
2 | Congress; provided, however, that if the appropriate agency | ||||||
3 | finally determines that the individual is not entitled to | ||||||
4 | unemployment insurance benefits for the week or weeks involved | ||||||
5 | and that determination has become final and unappealable, the | ||||||
6 | ineligibility arising from the making of a claim under this | ||||||
7 | subsection shall not apply. | ||||||
8 | D. Any amount payable under this Section shall be reduced | ||||||
9 | by the amount of any and all compensation payable for personal | ||||||
10 | services whether performed as an employee or an independent | ||||||
11 | contractor or as a juror or as a witness, except compensation | ||||||
12 | payable by the regular employer not in excess of compensation | ||||||
13 | payable for reduced hours of work assigned an individual by the | ||||||
14 | regular employer under a shared work plan. | ||||||
15 | E. All benefits payable under this Section shall be paid | ||||||
16 | from the Shared Work Benefits Fund which is hereby created. | ||||||
17 | Following any biweekly period or periods, participating | ||||||
18 | employers shall submit to the Department, on forms provided by | ||||||
19 | the Director, a list of those employees who, during any prior | ||||||
20 | biweekly period or periods, are entitled to shared work | ||||||
21 | benefits, the week or weeks for which they are entitled, and | ||||||
22 | the amount of such benefits to be paid to each employee. | ||||||
23 | Additional information shall be submitted as may be required by | ||||||
24 | the Director. The completed form shall be accompanied by the | ||||||
25 | employer's payment in an amount equal to all benefits to be | ||||||
26 | paid for the biweekly period or periods pursuant to this |
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1 | Section. The employer's form shall also be accompanied by the | ||||||
2 | certifications, on forms provided by the Director, of each | ||||||
3 | employee entitled to receive shared work benefits for the | ||||||
4 | biweekly period or periods. The employee certification form | ||||||
5 | shall include such information as may be required by the | ||||||
6 | Director. All amounts collected pursuant to this Section shall | ||||||
7 | be deposited into the Shared Work Benefits Fund. No benefits | ||||||
8 | may be paid under this Section to an employee of an employer | ||||||
9 | for any period for which the employer has not submitted the | ||||||
10 | necessary forms or payments. | ||||||
11 | F. Except as otherwise provided by or inconsistent with | ||||||
12 | this Section, all provisions of this Act and authorized | ||||||
13 | regulations apply to benefits under this Section. Authorized | ||||||
14 | regulations may, to the extent permitted by federal law, make | ||||||
15 | such distinctions and requirements as may be necessary in the | ||||||
16 | procedures and provisions applicable to unemployed individuals | ||||||
17 | to carry out the purposes of this Section. No employee shall be | ||||||
18 | required to register for work or actively seek work as a | ||||||
19 | condition of receiving benefits under this Section. | ||||||
20 | G. The Department, in the administration of the program | ||||||
21 | created by this Section, shall establish guidelines which | ||||||
22 | ensure the equitable and consistent administration of the | ||||||
23 | program. | ||||||
24 | H. The program created by this Section shall not affect any | ||||||
25 | pension or insurance benefit of employees participating in the | ||||||
26 | program. |
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1 | I. Employees shall not be eligible to receive any benefits | ||||||
2 | under this Section unless their employer agrees, in writing, | ||||||
3 | and their bargaining agent pursuant to any applicable | ||||||
4 | collective bargaining agreement agrees, in writing, to | ||||||
5 | voluntarily participate in the shared work program approved by | ||||||
6 | the Director. | ||||||
7 | J. The Director shall receive and hold, as custodian, all | ||||||
8 | moneys paid to the Shared Work Benefits Fund in a | ||||||
9 | nonappropriated local account. The moneys in such account | ||||||
10 | (which shall be kept separate and apart from all other public | ||||||
11 | moneys) shall be expended solely for the payment of benefits | ||||||
12 | under the provisions of this Act and in accordance with any | ||||||
13 | guidelines the Director may subsequently develop. The General | ||||||
14 | Assembly shall appropriate funds for the administration of the | ||||||
15 | Shared Work Program. In the event that the funds appropriated | ||||||
16 | for the administration of the Shared Work Program are | ||||||
17 | insufficient for the proper administration of this Program, as | ||||||
18 | determined by the Director, the Program and any benefits | ||||||
19 | payable pursuant to this Section shall terminate until such | ||||||
20 | time as the Director determines that a sufficient appropriation | ||||||
21 | is available.
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22 | Section 99. Effective date. This Act takes effect January | ||||||
23 | 1, 2011.".
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