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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| ||||||||||||||||||||||||
4 | Section 5. The Unemployment Insurance Act is amended by | ||||||||||||||||||||||||
5 | changing Section 401 as follows: | ||||||||||||||||||||||||
6 | (820 ILCS 405/401) (from Ch. 48, par. 401) | ||||||||||||||||||||||||
7 | Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
| ||||||||||||||||||||||||
8 | A. With respect to any week beginning prior to April 24, | ||||||||||||||||||||||||
9 | 1983, an
individual's weekly benefit amount shall be an amount | ||||||||||||||||||||||||
10 | equal to the weekly
benefit amount as defined in this Act as in | ||||||||||||||||||||||||
11 | effect on November 30, 1982.
| ||||||||||||||||||||||||
12 | B. 1. With respect to any week beginning on or after April | ||||||||||||||||||||||||
13 | 24, 1983 and
before January 3, 1988, an individual's weekly | ||||||||||||||||||||||||
14 | benefit amount shall be 48%
of his prior average weekly wage, | ||||||||||||||||||||||||
15 | rounded (if not already a multiple of
one dollar) to the next | ||||||||||||||||||||||||
16 | higher dollar; provided, however, that the weekly
benefit | ||||||||||||||||||||||||
17 | amount cannot exceed the maximum weekly benefit amount, and | ||||||||||||||||||||||||
18 | cannot
be less than 15% of the statewide average weekly wage, | ||||||||||||||||||||||||
19 | rounded (if not already
a multiple of one dollar) to the next | ||||||||||||||||||||||||
20 | higher dollar. However, the weekly
benefit amount for an | ||||||||||||||||||||||||
21 | individual who has established a benefit year
beginning before | ||||||||||||||||||||||||
22 | April 24, 1983, shall be determined, for weeks beginning
on or | ||||||||||||||||||||||||
23 | after April 24, 1983 claimed with respect to that benefit year, |
| |||||||
| |||||||
1 | as
provided under this Act as in effect on November 30, 1982.
| ||||||
2 | With respect to any week beginning on or after January 3, 1988 | ||||||
3 | and before
January 1, 1993,
an individual's weekly benefit | ||||||
4 | amount shall be 49% of
his prior average weekly wage, rounded | ||||||
5 | (if not already a multiple of one
dollar) to the next higher | ||||||
6 | dollar; provided, however, that the weekly
benefit amount | ||||||
7 | cannot exceed the maximum weekly benefit amount, and cannot
be | ||||||
8 | less than $51.
With respect to any week beginning on or after | ||||||
9 | January
3, 1993 and during a benefit year beginning before | ||||||
10 | January 4, 2004, an
individual's weekly benefit amount shall be | ||||||
11 | 49.5% of his prior
average weekly wage, rounded (if not already | ||||||
12 | a multiple of one dollar) to
the next higher dollar; provided, | ||||||
13 | however, that the weekly benefit amount
cannot exceed the | ||||||
14 | maximum weekly benefit amount and cannot be less than $51.
With | ||||||
15 | respect to any benefit year beginning on or after January 4, | ||||||
16 | 2004 and
before January 6, 2008, an individual's weekly benefit | ||||||
17 | amount shall be 48% of
his or her prior average weekly wage, | ||||||
18 | rounded (if not already a multiple of one
dollar) to the next | ||||||
19 | higher dollar; provided, however, that the weekly benefit
| ||||||
20 | amount cannot exceed the maximum weekly benefit amount and | ||||||
21 | cannot be less than
$51. With respect to any benefit year | ||||||
22 | beginning on or after January 6, 2008, an
individual's weekly | ||||||
23 | benefit amount shall be 47% of his or her prior average
weekly | ||||||
24 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
25 | next
higher dollar; provided, however, that the weekly benefit | ||||||
26 | amount cannot exceed
the maximum weekly benefit amount and |
| |||||||
| |||||||
1 | cannot be less than $51.
| ||||||
2 | 2. For the purposes of this subsection:
| ||||||
3 | With respect to any week beginning on or after April 24, | ||||||
4 | 1983, an
individual's "prior average weekly wage" means the | ||||||
5 | total wages for insured
work paid to that individual during the | ||||||
6 | 2 calendar quarters of his base
period in which such total | ||||||
7 | wages were highest, divided by 26. If
the quotient is not | ||||||
8 | already a multiple of one dollar, it shall be
rounded to the | ||||||
9 | nearest dollar; however if the quotient is equally near
2 | ||||||
10 | multiples of one dollar, it shall be rounded to the higher | ||||||
11 | multiple of
one dollar.
| ||||||
12 | "Determination date" means June 1, 1982, December 1, 1982 | ||||||
13 | and December
1 of each succeeding calendar year thereafter. | ||||||
14 | However, if as of June 30,
1982, or any June 30 thereafter, the | ||||||
15 | net amount standing to the credit of
this State's account in | ||||||
16 | the unemployment trust fund (less all outstanding
advances to | ||||||
17 | that account, including advances pursuant to Title XII of the
| ||||||
18 | federal Social Security Act) is greater than $100,000,000,
| ||||||
19 | "determination date" shall mean December 1 of that year and | ||||||
20 | June 1 of the
succeeding year. Notwithstanding the preceding | ||||||
21 | sentence, for the purposes
of this Act only, there shall be no | ||||||
22 | June 1 determination date in any
year after 1986.
| ||||||
23 | "Determination period" means, with respect to each June 1 | ||||||
24 | determination
date, the 12 consecutive calendar months ending | ||||||
25 | on the immediately preceding
December 31 and, with respect to | ||||||
26 | each December 1 determination date, the
12 consecutive calendar |
| |||||||
| |||||||
1 | months ending on the immediately preceding June 30.
| ||||||
2 | "Benefit period" means the 12 consecutive calendar month | ||||||
3 | period
beginning on the first day of the first calendar month | ||||||
4 | immediately following
a determination date, except that, with | ||||||
5 | respect to any calendar year
in which there is a June 1 | ||||||
6 | determination date, "benefit period" shall mean
the 6 | ||||||
7 | consecutive calendar month period beginning on the first day of | ||||||
8 | the first
calendar month immediately following the preceding | ||||||
9 | December 1 determination
date and the 6 consecutive calendar | ||||||
10 | month period beginning on the first
day of the first calendar | ||||||
11 | month immediately following the June 1 determination
date. | ||||||
12 | Notwithstanding the foregoing sentence, the 6 calendar months | ||||||
13 | beginning
January 1, 1982 and ending June 30, 1982 shall be | ||||||
14 | deemed a benefit period
with respect to which the determination | ||||||
15 | date shall be June 1, 1981.
| ||||||
16 | "Gross wages" means all the wages paid to individuals | ||||||
17 | during the
determination period immediately preceding a | ||||||
18 | determination date for
insured work, and reported to the | ||||||
19 | Director by employers prior to the
first day of the third | ||||||
20 | calendar month preceding that date.
| ||||||
21 | "Covered employment" for any calendar month means the total | ||||||
22 | number of
individuals, as determined by the Director, engaged | ||||||
23 | in insured work at
mid-month.
| ||||||
24 | "Average monthly covered employment" means one-twelfth of | ||||||
25 | the sum of
the covered employment for the 12 months of a | ||||||
26 | determination period.
|
| |||||||
| |||||||
1 | "Statewide average annual wage" means the quotient, | ||||||
2 | obtained by
dividing gross wages by average monthly covered | ||||||
3 | employment for the same
determination period, rounded (if not | ||||||
4 | already a multiple of one cent) to
the nearest cent.
| ||||||
5 | "Statewide average weekly wage" means the quotient, | ||||||
6 | obtained by
dividing the statewide average annual wage by 52, | ||||||
7 | rounded (if not
already a multiple of one cent) to the nearest | ||||||
8 | cent. Notwithstanding any
provisions of this Section to the | ||||||
9 | contrary, the statewide average weekly
wage for the benefit | ||||||
10 | period beginning July 1, 1982 and ending December 31,
1982 | ||||||
11 | shall be the statewide average weekly wage in effect for the | ||||||
12 | immediately
preceding benefit period plus one-half of the | ||||||
13 | result obtained by
subtracting the statewide average weekly | ||||||
14 | wage for the immediately preceding
benefit period from the | ||||||
15 | statewide average weekly wage for the benefit
period beginning | ||||||
16 | July 1, 1982 and ending December 31, 1982 as such statewide
| ||||||
17 | average weekly wage would have been determined but for the | ||||||
18 | provisions of
this paragraph. Notwithstanding any provisions | ||||||
19 | of this Section to the
contrary, the statewide average weekly | ||||||
20 | wage for the benefit period beginning
April 24, 1983 and ending | ||||||
21 | January 31, 1984 shall be $321 and for the benefit
period | ||||||
22 | beginning February 1, 1984 and ending December 31, 1986 shall | ||||||
23 | be
$335, and for the benefit period beginning January 1, 1987, | ||||||
24 | and ending
December 31, 1987, shall be $350, except that for an | ||||||
25 | individual who has
established a benefit year beginning before | ||||||
26 | April 24, 1983, the statewide
average weekly wage used in |
| |||||||
| |||||||
1 | determining benefits, for any week beginning on
or after April | ||||||
2 | 24, 1983, claimed with respect to that benefit year, shall
be | ||||||
3 | $334.80, except that, for the purpose of determining the | ||||||
4 | minimum weekly
benefit amount under subsection B(1) for the | ||||||
5 | benefit period beginning
January 1, 1987, and ending December | ||||||
6 | 31, 1987, the statewide average
weekly wage shall be $335; for | ||||||
7 | the benefit
periods January 1, 1988 through December 31, 1988, | ||||||
8 | January
1, 1989 through December 31, 1989, and January 1, 1990
| ||||||
9 | through December 31, 1990, the statewide average weekly
wage | ||||||
10 | shall be $359, $381, and $406, respectively.
Notwithstanding | ||||||
11 | the preceding sentences of this paragraph,
for the benefit | ||||||
12 | period of calendar year 1991, the statewide
average weekly wage | ||||||
13 | shall be $406 plus (or minus) an
amount equal to the percentage | ||||||
14 | change in the statewide
average weekly wage, as computed in | ||||||
15 | accordance with
the preceding sentences of this paragraph, | ||||||
16 | between the
benefit periods of calendar years 1989 and 1990, | ||||||
17 | multiplied
by $406; and, for the benefit periods of calendar | ||||||
18 | years 1992 through
2003 and calendar year 2005 and each | ||||||
19 | calendar year
thereafter, the
statewide average weekly wage, | ||||||
20 | shall be the statewide
average weekly wage, as determined in | ||||||
21 | accordance with
this sentence, for the immediately preceding | ||||||
22 | benefit
period plus (or minus) an amount equal to the | ||||||
23 | percentage
change in the statewide average weekly wage, as | ||||||
24 | computed
in accordance with the preceding sentences of this | ||||||
25 | paragraph,
between the 2 immediately preceding benefit | ||||||
26 | periods,
multiplied by the statewide average weekly wage, as
|
| |||||||
| |||||||
1 | determined in accordance with this sentence, for the
| ||||||
2 | immediately preceding benefit period.
However, for purposes of | ||||||
3 | the
Workers'
Compensation Act, the statewide average weekly | ||||||
4 | wage will be computed
using June 1 and December 1 determination | ||||||
5 | dates of each calendar year and
such determination shall not be | ||||||
6 | subject to the limitation of $321,
$335, $350, $359, $381, $406 | ||||||
7 | or the statewide average weekly wage as
computed in accordance | ||||||
8 | with the preceding sentence of this
paragraph.
| ||||||
9 | With respect to any week beginning on or after April 24, | ||||||
10 | 1983 and before
January 3, 1988,
"maximum weekly benefit | ||||||
11 | amount" means 48% of the statewide
average weekly wage, rounded | ||||||
12 | (if not already a multiple of one dollar) to
the nearest | ||||||
13 | dollar, provided however, that the maximum weekly
benefit | ||||||
14 | amount for an individual who has established a benefit year | ||||||
15 | beginning
before April 24, 1983, shall be determined, for weeks | ||||||
16 | beginning on or
after April 24, 1983 claimed with respect to | ||||||
17 | that benefit year,
as provided under this Act as amended and in | ||||||
18 | effect on November 30,
1982, except that the statewide average | ||||||
19 | weekly wage used in such determination
shall be $334.80.
| ||||||
20 | With respect to any week beginning after January 2, 1988 | ||||||
21 | and before
January 1, 1993, "maximum weekly benefit amount" | ||||||
22 | with respect to each week
beginning within a benefit period | ||||||
23 | means 49% of the statewide average weekly
wage, rounded (if not | ||||||
24 | already a multiple of one dollar) to the next higher
dollar.
| ||||||
25 | With respect to any week beginning on or after January 3, | ||||||
26 | 1993 and during a
benefit year beginning before January 4, |
| |||||||
| |||||||
1 | 2004,
"maximum weekly benefit amount" with respect to each week | ||||||
2 | beginning within
a benefit period means 49.5% of the statewide | ||||||
3 | average weekly wage, rounded
(if not already a multiple of one | ||||||
4 | dollar) to the next higher dollar.
| ||||||
5 | With respect to any benefit year beginning on or after | ||||||
6 | January 4, 2004 and
before January 6, 2008, "maximum weekly | ||||||
7 | benefit amount" with respect to each
week beginning within a | ||||||
8 | benefit period means 48% of the statewide average
weekly wage, | ||||||
9 | rounded (if not already a multiple of one dollar) to the next
| ||||||
10 | higher dollar.
| ||||||
11 | With respect to any benefit year beginning on or after | ||||||
12 | January 6, 2008,
"maximum weekly benefit amount" with respect | ||||||
13 | to each week beginning within a
benefit period means 47% of the | ||||||
14 | statewide average weekly wage, rounded (if not
already a | ||||||
15 | multiple of one dollar) to the next higher dollar.
| ||||||
16 | C. With respect to any week beginning on or after April 24, | ||||||
17 | 1983 and before
January 3, 1988,
an individual to whom benefits | ||||||
18 | are payable with respect
to any week shall, in addition to such | ||||||
19 | benefits, be paid, with respect to such
week, as follows: in | ||||||
20 | the case of an individual with a nonworking spouse,
7% of his | ||||||
21 | prior average weekly wage, rounded (if not already a multiple
| ||||||
22 | of one dollar) to the higher dollar; provided, that the total | ||||||
23 | amount payable
to the individual with respect to a week shall | ||||||
24 | not exceed 55% of the statewide
average weekly wage, rounded | ||||||
25 | (if not already a multiple of one dollar) to
the nearest | ||||||
26 | dollar; and in the case of an individual with a dependent child
|
| |||||||
| |||||||
1 | or dependent children, 14.4% of his prior average weekly wage, | ||||||
2 | rounded (if
not already a multiple of one dollar) to the higher | ||||||
3 | dollar; provided, that
the total amount payable to the | ||||||
4 | individual with respect to a week shall
not exceed 62.4% of the | ||||||
5 | statewide average weekly wage, rounded (if not already
a | ||||||
6 | multiple of one dollar) to the next higher dollar with respect | ||||||
7 | to the
benefit period beginning January 1, 1987 and ending | ||||||
8 | December 31, 1987, and
otherwise to the nearest dollar. | ||||||
9 | However, for an individual with a
nonworking spouse or with a | ||||||
10 | dependent child or children who has established
a benefit year | ||||||
11 | beginning before April 24, 1983, the amount of additional
| ||||||
12 | benefits payable on account of the nonworking spouse or | ||||||
13 | dependent child
or children shall be determined, for weeks | ||||||
14 | beginning on or after April
24, 1983 claimed with respect to | ||||||
15 | that benefit year, as provided under
this Act as in effect on | ||||||
16 | November 30, 1982, except that the
statewide average weekly | ||||||
17 | wage used in such determination shall be $334.80.
| ||||||
18 | With respect to any week beginning on or after January 2, | ||||||
19 | 1988 and before
January 1, 1991 and any week beginning on or | ||||||
20 | after January 1, 1992, and before
January 1, 1993, an | ||||||
21 | individual to whom benefits are payable
with respect to any
| ||||||
22 | week shall, in addition to those benefits, be paid, with | ||||||
23 | respect to such
week, as follows: in the case of an individual | ||||||
24 | with a nonworking spouse,
8% of his prior average weekly wage, | ||||||
25 | rounded (if not already a multiple
of one dollar) to the next | ||||||
26 | higher dollar, provided, that the total
amount payable to the |
| |||||||
| |||||||
1 | individual with respect to a week shall not
exceed 57% of the | ||||||
2 | statewide average weekly wage, rounded (if not already
a | ||||||
3 | multiple of one dollar) to the next higher dollar; and in the | ||||||
4 | case of
an individual with a dependent child or dependent | ||||||
5 | children, 15% of
his prior average weekly wage, rounded (if not | ||||||
6 | already a multiple of one
dollar) to the next higher dollar, | ||||||
7 | provided that the total amount
payable to the individual with | ||||||
8 | respect to a week shall not exceed 64%
of the statewide average | ||||||
9 | weekly wage, rounded (if not already a
multiple of one dollar) | ||||||
10 | to the next higher dollar.
| ||||||
11 | With respect to any week beginning on or after January 1, | ||||||
12 | 1991 and before
January 1, 1992, an individual to whom benefits | ||||||
13 | are payable with respect to
any week shall, in addition to the | ||||||
14 | benefits, be paid, with respect to such
week, as follows: in | ||||||
15 | the case of an individual with a nonworking spouse,
8.3% of his | ||||||
16 | prior average weekly wage, rounded (if not already a multiple
| ||||||
17 | of one dollar) to the next higher dollar, provided, that the | ||||||
18 | total amount
payable to the individual with respect to a week | ||||||
19 | shall not exceed 57.3%
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, 15.3% of his prior | ||||||
23 | average
weekly wage, rounded (if not already a multiple of one | ||||||
24 | dollar) to the next
higher dollar, provided that the total | ||||||
25 | amount payable to the individual
with respect to a week shall | ||||||
26 | not exceed 64.3% of the statewide average
weekly wage, rounded |
| |||||||
| |||||||
1 | (if not already a multiple of one dollar) to the next
higher | ||||||
2 | dollar.
| ||||||
3 | With respect to any week beginning on or after January 3, | ||||||
4 | 1993,
during a benefit year beginning before January 4, 2004,
| ||||||
5 | an individual to whom benefits are payable with respect to any
| ||||||
6 | week shall, in addition to those benefits, be paid, with | ||||||
7 | respect to such
week, as follows: in the case of an individual | ||||||
8 | with a nonworking spouse,
9% of his prior average weekly wage, | ||||||
9 | rounded (if not already a multiple
of one dollar) to the next | ||||||
10 | higher dollar, provided, that the total
amount payable to the | ||||||
11 | individual with respect to a week shall not
exceed 58.5% of the | ||||||
12 | statewide average weekly wage, rounded (if not already
a | ||||||
13 | multiple of one dollar) to the next higher dollar; and in the | ||||||
14 | case of
an individual with a dependent child or dependent | ||||||
15 | children, 16% of
his prior average weekly wage, rounded (if not | ||||||
16 | already a multiple of one
dollar) to the next higher dollar, | ||||||
17 | provided that the total amount
payable to the individual with | ||||||
18 | respect to a week shall not exceed 65.5%
of the statewide | ||||||
19 | average weekly wage, rounded (if not already a
multiple of one | ||||||
20 | dollar) to the next higher dollar.
| ||||||
21 | With respect to any benefit year beginning on or after | ||||||
22 | January 4, 2004 and
before January 6, 2008, an individual to | ||||||
23 | whom benefits are payable with respect
to any week shall, in | ||||||
24 | addition to those benefits, be paid, with respect to such
week, | ||||||
25 | as follows: in the case of an individual with a nonworking | ||||||
26 | spouse, 9% of
his or her prior average weekly wage, rounded (if |
| |||||||
| |||||||
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% of the | ||||||
4 | 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, 17.2% of his or her prior average weekly wage, | ||||||
8 | rounded (if
not already a multiple of one dollar) to the next | ||||||
9 | higher dollar, provided that
the total amount payable to the | ||||||
10 | individual with respect to a week shall not
exceed 65.2% of the | ||||||
11 | statewide average weekly wage, rounded (if not already a
| ||||||
12 | multiple of one dollar) to the next higher dollar.
| ||||||
13 | With respect to any benefit year beginning on or after | ||||||
14 | January 6, 2008 and before January 1, 2010, an
individual to | ||||||
15 | whom benefits are payable with respect to any week shall, in
| ||||||
16 | addition to those benefits, be paid, with respect to such week, | ||||||
17 | as follows: in
the case of an individual with a nonworking | ||||||
18 | spouse, 9% of his or her prior
average weekly wage, rounded (if | ||||||
19 | not already a multiple of one dollar) to the
next higher | ||||||
20 | dollar, provided, that the total amount payable
to the | ||||||
21 | individual with respect to a week shall not exceed 56% of the | ||||||
22 | statewide
average weekly wage, rounded (if not already a | ||||||
23 | multiple of one dollar) to the
next higher dollar; and in the | ||||||
24 | case of an individual with a dependent child or
dependent | ||||||
25 | children, 18.2% of his or her prior average weekly wage, | ||||||
26 | rounded (if
not already a multiple of one dollar) to the next |
| |||||||
| |||||||
1 | higher dollar, provided that
the total amount payable to the | ||||||
2 | individual with respect to a week
shall not exceed 65.2% of the | ||||||
3 | statewide average weekly wage, rounded (if not
already a | ||||||
4 | multiple of one dollar) to the next higher dollar. | ||||||
5 | The additional
amount paid pursuant to this subsection in | ||||||
6 | the case of an individual with a
dependent child or dependent | ||||||
7 | children shall be referred to as the "dependent
child | ||||||
8 | allowance", and the percentage rate by which an individual's | ||||||
9 | prior average weekly wage is multiplied pursuant to this | ||||||
10 | subsection to calculate the dependent child allowance shall be | ||||||
11 | referred to as the "dependent child allowance rate". | ||||||
12 | With respect to any benefit year beginning on or after | ||||||
13 | January 1, 2010, an individual to whom benefits are payable | ||||||
14 | with respect to any week shall, in addition to those benefits, | ||||||
15 | be paid, with respect to such week, as follows: in the case of | ||||||
16 | an individual with a nonworking spouse, the greater of (i) 9% | ||||||
17 | of his or her prior average weekly wage, rounded (if not | ||||||
18 | already a multiple of one dollar) to the next higher dollar, or | ||||||
19 | (ii) $15, provided that the total amount payable to the | ||||||
20 | individual with respect to a week shall not exceed 56% of the | ||||||
21 | statewide average weekly wage, rounded (if not already a | ||||||
22 | multiple of one dollar) to the next higher dollar; and in the | ||||||
23 | case of an individual with a dependent child or dependent | ||||||
24 | children, the greater of (i) the product of the dependent child | ||||||
25 | allowance rate multiplied by his or her prior average weekly | ||||||
26 | wage, rounded (if not already a multiple of one dollar) to the |
| |||||||
| |||||||
1 | next higher dollar, or (ii) the lesser of $50 or 50% of his or | ||||||
2 | her weekly benefit amount, rounded (if not already a multiple | ||||||
3 | of one dollar) to the next higher dollar, provided that the | ||||||
4 | total amount payable to the individual with respect to a week | ||||||
5 | shall not exceed the product of the statewide average weekly | ||||||
6 | wage multiplied by the sum of 47% plus the dependent child | ||||||
7 | allowance rate, rounded (if not already a multiple of one | ||||||
8 | dollar) to the next higher dollar. | ||||||
9 | With respect to each benefit year beginning after calendar | ||||||
10 | year 2009, the
dependent child allowance rate shall be the sum | ||||||
11 | of the allowance adjustment
applicable pursuant to Section | ||||||
12 | 1400.1 to the calendar year in which the benefit
year begins, | ||||||
13 | plus the dependent child
allowance rate with respect to each | ||||||
14 | benefit year beginning in the immediately
preceding calendar | ||||||
15 | year, except as otherwise provided in this subsection. The | ||||||
16 | dependent
child allowance rate with respect to each benefit | ||||||
17 | year beginning in calendar year 2010 shall not be greater than | ||||||
18 | 18.2%.
The dependent child allowance rate with respect to each | ||||||
19 | benefit year beginning in calendar year 2011 shall be reduced | ||||||
20 | by 0.2% absolute below the rate it would otherwise have been | ||||||
21 | pursuant to this subsection and, with respect to each benefit | ||||||
22 | year beginning after calendar year 2010, except as otherwise | ||||||
23 | provided, shall not be less than 17.1% or greater than 18.0%. | ||||||
24 | Unless, as a result of this sentence, the agreement between the | ||||||
25 | Federal Government and State regarding the Federal Additional | ||||||
26 | Compensation program established under Section 2002 of the |
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| |||||||
1 | American Recovery and Reinvestment Act, or a successor program, | ||||||
2 | would not apply or would cease to apply, the dependent child | ||||||
3 | allowance rate with respect to each benefit year beginning in | ||||||
4 | calendar year 2012 shall be reduced by 0.1% absolute below the | ||||||
5 | rate it would otherwise have been pursuant to this subsection | ||||||
6 | and, with respect to each benefit year beginning after calendar | ||||||
7 | year 2011, shall not be less than 17.0% or greater than 17.9%.
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8 | For the purposes of this subsection:
| ||||||
9 | "Dependent" means a child or a nonworking spouse.
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10 | "Child" means a natural child, stepchild, or adopted child | ||||||
11 | of an
individual claiming benefits under this Act or a child | ||||||
12 | who is in the
custody of any such individual by court order, | ||||||
13 | for whom the individual is
supplying and, for at least 90 | ||||||
14 | consecutive days (or for the duration of
the parental | ||||||
15 | relationship if it has existed for less than 90 days)
| ||||||
16 | immediately preceding any week with respect to which the | ||||||
17 | individual has
filed a claim, has supplied more than one-half | ||||||
18 | the cost of support, or
has supplied at least 1/4 of the cost | ||||||
19 | of support if the individual and
the other parent, together, | ||||||
20 | are supplying and, during the aforesaid
period, have supplied | ||||||
21 | more than one-half the cost of support, and are,
and were | ||||||
22 | during the aforesaid period, members of the same household; and
| ||||||
23 | who, on the first day of such week (a) is under 18 years of age, | ||||||
24 | or (b)
is, and has been during the immediately preceding 90 | ||||||
25 | days, unable to
work because of illness or other disability , or | ||||||
26 | (c) is under 23 years of age and enrolled as a full-time |
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| |||||||
1 | student : provided, that no person
who has been determined to be | ||||||
2 | a child of an individual who has been
allowed benefits with | ||||||
3 | respect to a week in the individual's benefit
year shall be | ||||||
4 | deemed to be a child of the other parent, and no other
person | ||||||
5 | shall be determined to be a child of such other parent, during
| ||||||
6 | the remainder of that benefit year.
| ||||||
7 | "Nonworking spouse" means the lawful husband or wife of an | ||||||
8 | individual
claiming benefits under this Act, for whom more than | ||||||
9 | one-half the cost
of support has been supplied by the | ||||||
10 | individual for at least 90
consecutive days (or for the | ||||||
11 | duration of the marital relationship if it
has existed for less | ||||||
12 | than 90 days) immediately preceding any week with
respect to | ||||||
13 | which the individual has filed a claim, but only if the
| ||||||
14 | nonworking spouse is currently ineligible to receive benefits | ||||||
15 | under this
Act by reason of the provisions of Section 500E.
| ||||||
16 | An individual who was obligated by law to provide for the | ||||||
17 | support of
a child or of a nonworking spouse for the aforesaid | ||||||
18 | period of 90 consecutive
days, but was prevented by illness or | ||||||
19 | injury from doing so, shall be deemed
to have provided more | ||||||
20 | than one-half the cost of supporting the child or
nonworking | ||||||
21 | spouse for that period.
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22 | (Source: P.A. 96-30, eff. 6-30-09.)
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