Rep. Donald L. Moffitt
Filed: 3/19/2013
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 2772 




2    AMENDMENT NO. ______. Amend House Bill 2772 by replacing 
3everything after the enacting clause with the following:


 
4    "Section 5. The Unemployment Insurance Act is amended by 
5changing
Section 611 as follows:


 
6    (820 ILCS 405/611)  (from Ch. 48, par. 441)

7    Sec. 611. Retirement pay.  
8    A. For the purposes of this Section
"disqualifying income" 
9means:


10        1.  The entire amount which an individual has received 
11    or will
receive with respect to a week in the form of a 
12    retirement payment (a)
from an individual or organization 
13    (i) for which he
performed services during his base period 
14    or which is liable for benefit
charges or payments in lieu 
15    of contributions as a result of the payment of
benefits to 
16    such individual and (ii) which pays
all of the cost of such 
 
 
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1    retirement payment, or (b) from a trust, annuity
or 
2    insurance fund or under an annuity or insurance contract, 
3    to or under
which an individual or organization for which 
4    he
performed services during his base period or which is 
5    liable for benefit
charges or payments in lieu of 
6    contributions as a result of the payment of
benefits to 
7    such individual pays or has paid
all of the premiums or 
8    contributions; and


9        2. One-half the amount which an individual has received 
10    or will
receive with respect to a week in the form of a 
11    retirement payment (a)
from an individual or organization 
12    (i) for which he
performed services during his base period 
13    or which is liable for benefit
charges or payments in lieu 
14    of contributions as a result of the payment of
benefits to 
15    such individual and (ii) which pays
some, but not all, of 
16    the cost of such retirement payment, or (b) from a
trust, 
17    annuity or insurance fund (including, except as provided in 
18    paragraph 2.1, primary social security old
age and 
19    disability retirement benefits, including those based on

20    self-employment) or under an annuity or insurance

21    contract, to or under which an individual or organization 
22    for which he
performed
services during his base period or 
23    which is liable for benefit charges or
payments in lieu of 
24    contributions as a result of the payment of benefits to

25    such individual pays or has paid some, but not all, of the 
26    premiums or
contributions.


 
 
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1        2.1. Notwithstanding paragraphs 1 and 2 above, none of 
2    the amount that a volunteer firefighter or volunteer 
3    ambulance worker
has received or will receive with respect 
4    to a week in the form of primary
social security old age 
5    and disability retirement benefits, including those
based 
6    on self-employment, shall constitute disqualifying income.


7        3. Notwithstanding paragraphs
paragraph 1, 2 and 2.1
2

8    above, the
entire amount which an individual has received 
9    or will
receive, with respect to any week which begins 
10    after March 31, 1980, of
any governmental or other pension, 
11    retirement, or retired pay, annuity
or any other similar 
12    periodic payment which is based on any previous work
of 
13    such individual during his base period or which is liable 
14    for benefit
charges or payments in lieu of contributions as 
15    a result of the payment of
benefits to such individual. 
16    This paragraph shall be in effect only if it is
required as 
17    a condition for full tax credit against the tax imposed by

18    the Federal Unemployment Tax Act.


19    B. Whenever an individual has received or will receive a 
20retirement
payment for a month, an amount shall be deemed to 
21have been paid him for
each day equal to one-thirtieth of such 
22retirement payment. If the
retirement payment is for a 
23half-month, an amount shall be deemed to
have been paid the 
24individual for each day equal to one-fifteenth of
such 
25retirement payment. If the retirement payment is for any other

26period, an amount shall be deemed to have been paid the 
 
 
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1individual for
each day in such period equal to the retirement 
2payment divided by the
number of days in the period.


3    C. An individual shall be ineligible for benefits for any 
4week with
respect to which his disqualifying income equals or 
5exceeds his weekly
benefit amount. If such disqualifying income 
6with respect to a week
totals less than the benefits for which 
7he would otherwise be eligible
under this Act, he shall be 
8paid, with respect to such week, benefits
reduced by the amount 
9of such disqualifying income.


10    D. To assure full tax credit to the employers of this State 
11against
the tax imposed by the Federal Unemployment Tax Act, 
12the Director shall
take any action as may be necessary in the 
13administration of paragraph 3
of subsection A of this Section 
14to insure that
the application of its provisions
conform to the 
15requirements of such Federal Act as interpreted by the United

16States Secretary of Labor or other appropriate Federal agency.


17(Source: P.A. 86-3.)".