HB2455 EnrolledLRB101 08292 JLS 53360 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Works Jobs Program Act is amended
5by changing Section 20-25 as follows:
 
6    (30 ILCS 559/20-25)
7    Sec. 20-25. The Illinois Works Review Panel.
8    (a) The Illinois Works Review Panel is created and shall be
9comprised of 25 members, each serving 3-year terms. The Speaker
10of the House of Representatives and the President of the Senate
11shall each appoint 5 members within 30 days after the effective
12date of this amendatory Act of the 101st General Assembly. The
13Minority Leader of the House of Representatives and the
14Minority Leader of the Senate shall each appoint 5 members
15within 30 days after the effective date of this amendatory Act
16of the 101st General Assembly. The Director of Commerce and
17Economic Opportunity, or his or her designee, shall serve as a
18member. The Governor shall appoint the following individuals to
19serve as members within 30 days after the effective date of
20this amendatory Act of the 101st General Assembly: a
21representative from a contractor organization; a
22representative from a labor organization; and 2 members of the
23public with workforce development expertise, one of whom shall

 

 

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1be a representative of a nonprofit organization that addresses
2workforce development.
3    (b) The members of the Illinois Works Review Panel shall
4make recommendations to the Department regarding
5identification and evaluation of community-based
6organizations.
7    (c) The Illinois Works Review Panel shall meet, at least
8quarterly, to review and evaluate (i) the Illinois Works
9Preapprenticeship Program and the Illinois Works
10Apprenticeship Initiative, (ii) ideas to diversify the trainee
11corps in the Illinois Works Preapprenticeship Program and the
12workforce in the construction industry in Illinois, (iii) ideas
13to increase diversity in active apprenticeship programs in
14Illinois, and (iv) workforce demographic data collected by the
15Illinois Department of Labor. The Illinois Works Review Panel
16shall hold its initial meeting no later than 45 days after the
17effective date of this amendatory Act of the 101st General
18Assembly.
19    (d) All State contracts and grant agreements funding State
20contracts shall include a requirement that the contractor and
21subcontractor shall, upon reasonable notice, appear before and
22respond to requests for information from the Illinois Works
23Review Panel.
24    (e) By August 1, 2020, and every August 1 thereafter, the
25Illinois Works Review Panel shall report to the General
26Assembly on its evaluation of the Illinois Works

 

 

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1Preapprenticeship Program and the Illinois Works
2Apprenticeship Initiative, including any recommended
3modifications.
4(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
 
5    Section 10. The Illinois Pension Code is amended by
6changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
 
7    (40 ILCS 5/5-144)  (from Ch. 108 1/2, par. 5-144)
8    Sec. 5-144. Death from injury in the performance of acts of
9duty; compensation annuity and supplemental annuity.
10    (a) Beginning January 1, 1986, and without regard to
11whether or not the annuity in question began before that date,
12if the annuity for the widow of a policeman whose death, on or
13after January 1, 1940, results from injury incurred in the
14performance of an act or acts of duty, is not equal to the sum
15hereinafter stated, "compensation annuity" equal to the
16difference between the annuity and an amount equal to 75% of
17the policeman's salary attached to the position he held by
18certification and appointment as a result of competitive civil
19service examination that would ordinarily have been paid to him
20as though he were in active discharge of his duties shall be
21payable to the widow until the policeman, had he lived, would
22have attained age 63. The total amount of the widow's annuity
23and children's awards payable to the family of such policeman
24shall not exceed the amounts stated in Section 5-152.

 

 

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1    For the purposes of this Section only, the death of any
2policeman as a result of the exposure to and contraction of
3COVID-19, as evidenced by either (i) a confirmed positive
4laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
5confirmed diagnosis of COVID-19 from a licensed medical
6professional, shall be rebuttably presumed to have been
7contracted while in the performance of an act or acts of duty
8and the policeman shall be rebuttably presumed to have been
9fatally injured while in active service. The presumption shall
10apply to any policeman who was exposed to and contracted
11COVID-19 on or after March 9, 2020 and on or before December
1231, 2020; except that the presumption shall not apply if the
13policeman was on a leave of absence from his or her employment
14or otherwise not required to report for duty for a period of 14
15or more consecutive days immediately prior to the date of
16contraction of COVID-19. For the purposes of determining when a
17policeman contracted COVID-19 under this paragraph, the date of
18contraction is either the date that the policeman was diagnosed
19with COVID-19 or was unable to work due to symptoms that were
20later diagnosed as COVID-19, whichever occurred first.
21    The provisions of this Section, as amended by Public Act
2284-1104, including the reference to the date upon which the
23deceased policeman would have attained age 63, shall apply to
24all widows of policemen whose death occurs on or after January
251, 1940 due to injury incurred in the performance of an act of
26duty, regardless of whether such death occurred prior to

 

 

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1September 17, 1969. For those widows of policemen that died
2prior to September 17, 1969, who became eligible for
3compensation annuity by the action of Public Act 84-1104, such
4compensation annuity shall begin and be calculated from January
51, 1986. The provisions of this amendatory Act of 1987 are
6intended to restate and clarify the intent of Public Act
784-1104, and do not make any substantive change.
8    (b) Upon termination of the compensation annuity,
9"supplemental annuity" shall become payable to the widow, equal
10to the difference between the annuity for the widow and an
11amount equal to 75% of the annual salary (including all salary
12increases and longevity raises) that the policeman would have
13been receiving when he attained age 63 if the policeman had
14continued in service at the same rank (whether career service
15or exempt) that he last held in the police department. The
16increase in supplemental annuity resulting from this
17amendatory Act of the 92nd General Assembly applies without
18regard to whether the deceased policeman was in service on or
19after the effective date of this amendatory Act and is payable
20from July 1, 2002 or the date upon which the supplemental
21annuity begins, whichever is later.
22    (c) Neither compensation nor supplemental annuity shall be
23paid unless the death of the policeman was a direct result of
24the injury, or the injury was of such character as to prevent
25him from subsequently resuming service as a policeman; nor
26shall compensation or supplemental annuity be paid unless the

 

 

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1widow was the wife of the policeman when the injury occurred.
2(Source: P.A. 92-599, eff. 6-28-02.)
 
3    (40 ILCS 5/5-153)  (from Ch. 108 1/2, par. 5-153)
4    Sec. 5-153. Death benefit.
5    (a) Effective January 1, 1962, an ordinary death benefit is
6payable on account of any policeman in service and in receipt
7of salary on or after such date, which benefit is in addition
8to all other annuities and benefits herein provided. This
9benefit is payable upon death of a policeman:
10        (1) occurring in active service while in receipt of
11    salary;
12        (2) on an authorized and approved leave of absence,
13    without salary, beginning on or after January 1, 1962, if
14    the death occurs within 60 days from the date the employee
15    was in receipt of salary; or otherwise in the service and
16    not separated by resignation or discharge beginning
17    January 1, 1962 if death occurs before his resignation or
18    discharge from the service;
19        (3) receiving duty disability or ordinary disability
20    benefit;
21        (4) occurring within 60 days from the date of
22    termination of duty disability or ordinary disability
23    benefit payments if re-entry into service had not occurred;
24    or
25        (5) occurring on retirement and while in receipt of an

 

 

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1    age and service annuity, Tier 2 monthly retirement annuity,
2    or prior service annuity; provided (a) retirement on such
3    annuity occurred on or after January 1, 1962, and (b) such
4    separation from service was effective on or after the
5    policeman's attainment of age 50, and (c) application for
6    such annuity was made within 60 days after separation from
7    service.
8    (b) The ordinary death benefit is payable to such
9beneficiary or beneficiaries as the policeman has nominated by
10written direction duly signed and acknowledged before an
11officer authorized to take acknowledgments, and filed with the
12board. If no such written direction has been filed or if the
13designated beneficiaries do not survive the policeman, payment
14of the benefit shall be made to his estate.
15    (c) Until December 31, 1977, if death occurs prior to
16retirement on annuity and before the policeman's attainment of
17age 50, the amount of the benefit payable is $6,000. If death
18occurs prior to retirement, at age 50 or over, the benefit of
19$6,000 shall be reduced $400 for each year (commencing on the
20policeman's attainment of age 50, and thereafter on each
21succeeding birthdate) that the policeman's age, at date of
22death, is more than age 50, but in no event below the amount of
23$2,000. However, if death results from injury incurred in the
24performance of an act or acts of duty, prior to retirement on
25annuity, the amount of the benefit payable is $6,000
26notwithstanding the age attained.

 

 

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1    Until December 31, 1977, if the policeman's death occurs
2while he is in receipt of an annuity, the benefit is $2,000 if
3retirement was effective upon attainment of age 55 or greater.
4If the policeman retired at age 50 or over and before age 55,
5the benefit of $2,000 shall be reduced $100 for each year or
6fraction of a year that the policeman's age at retirement was
7less than age 55 to a minimum payment of $1,500.
8    After December 31, 1977, and on or before January 1, 1986,
9if death occurs prior to retirement on annuity and before the
10policeman's attainment of age 50, the amount of the benefit
11payable is $7,000. If death occurs prior to retirement, at age
1250 or over, the benefit of $7,000 shall be reduced $400 for
13each year (commencing on the policeman's attainment of age 50,
14and thereafter on each succeeding birthdate) that the
15policeman's age, at date of death, is more than age 50, but in
16no event below the amount of $3,000. However, if death results
17from injury incurred in the performance of an act or acts of
18duty, prior to retirement on annuity, the amount of the benefit
19payable is $7,000 notwithstanding the age attained.
20    After December 31, 1977, and on or before January 1, 1986,
21if the policeman's death occurs while he is in receipt of an
22annuity, the benefit is $2,250 if retirement was effective upon
23attainment of age 55 or greater. If the policeman retired at
24age 50 or over and before age 55, the benefit of $2,250 shall
25be reduced $100 for each year or fraction of a year that the
26policeman's age at retirement was less than age 55 to a minimum

 

 

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1payment of $1,750.
2    After January 1, 1986, if death occurs prior to retirement
3on annuity and before the policeman's attainment of age 50, the
4amount of benefit payable is $12,000. If death occurs prior to
5retirement, at age 50 or over, the benefit of $12,000 shall be
6reduced $400 for each year (commencing on the policeman's
7attainment of age 50, and thereafter on each succeeding
8birthdate) that the policeman's age, at date of death, is more
9than age 50, but in no event below the amount of $6,000.
10However, if death results from injury in the performance of an
11act or acts of duty, prior to retirement on annuity, the amount
12of benefit payable is $12,000 notwithstanding the age attained.
13    After January 1, 1986, if the policeman's death occurs
14while he is in receipt of an annuity, the benefit is $6,000.
15    (d) For the purposes of this Section only, the death of any
16policeman as a result of the exposure to and contraction of
17COVID-19, as evidenced by either (i) a confirmed positive
18laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
19confirmed diagnosis of COVID-19 from a licensed medical
20professional, shall be rebuttably presumed to have been
21contracted while in the performance of an act or acts of duty
22and the policeman shall be rebuttably presumed to have been
23fatally injured while in active service. The presumption shall
24apply to any policeman who was exposed to and contracted
25COVID-19 on or after March 9, 2020 and on or before December
2631, 2020; except that the presumption shall not apply if the

 

 

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1policeman was on a leave of absence from his or her employment
2or otherwise not required to report for duty for a period of 14
3or more consecutive days immediately prior to the date of
4contraction of COVID-19. For the purposes of determining when a
5policeman contracted COVID-19 under this subsection, the date
6of contraction is either the date that the policeman was
7diagnosed with COVID-19 or was unable to work due to symptoms
8that were later diagnosed as COVID-19, whichever occurred
9first.
10(Source: P.A. 99-905, eff. 11-29-16.)
 
11    (40 ILCS 5/6-140)  (from Ch. 108 1/2, par. 6-140)
12    Sec. 6-140. Death in the line of duty.
13    (a) The annuity for the widow of a fireman whose death
14results from the performance of an act or acts of duty shall be
15an amount equal to 50% of the current annual salary attached to
16the classified position to which the fireman was certified at
17the time of his death and 75% thereof after December 31, 1972.
18    Unless the performance of an act or acts of duty results
19directly in the death of the fireman, or prevents him from
20subsequently resuming active service in the fire department,
21the annuity herein provided shall not be paid; nor shall such
22annuities be paid unless the widow was the wife of the fireman
23at the time of the act or acts of duty which resulted in his
24death.
25    For the purposes of this Section only, the death of any

 

 

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1fireman as a result of the exposure to and contraction of
2COVID-19, as evidenced by either (i) a confirmed positive
3laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
4confirmed diagnosis of COVID-19 from a licensed medical
5professional, shall be rebuttably presumed to have been
6contracted while in the performance of an act or acts of duty
7and the fireman shall be rebuttably presumed to have been
8fatally injured while in active service. The presumption shall
9apply to any fireman who was exposed to and contracted COVID-19
10on or after March 9, 2020 and on or before December 31, 2020;
11except that the presumption shall not apply if the fireman was
12on a leave of absence from his or her employment or otherwise
13not required to report for duty for a period of 14 or more
14consecutive days immediately prior to the date of contraction
15of COVID-19. For the purposes of determining when a fireman
16contracted COVID-19 under this paragraph, the date of
17contraction is either the date that the fireman was diagnosed
18with COVID-19 or was unable to work due to symptoms that were
19later diagnosed as COVID-19, whichever occurred first.
20    (b) The changes made to this Section by this amendatory Act
21of the 92nd General Assembly apply without regard to whether
22the deceased fireman was in service on or after the effective
23date of this amendatory Act. In the case of a widow receiving
24an annuity under this Section that has been reduced to 40% of
25current salary because the fireman, had he lived, would have
26attained the age prescribed for compulsory retirement, the

 

 

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1annuity shall be restored to the amount provided in subsection
2(a), with the increase beginning to accrue on the later of
3January 1, 2001 or the day the annuity first became payable.
4(Source: P.A. 92-50, eff. 7-12-01.)
 
5    (40 ILCS 5/6-150)  (from Ch. 108 1/2, par. 6-150)
6    Sec. 6-150. Death benefit.
7    (a) Effective January 1, 1962, an ordinary death benefit
8shall be payable on account of any fireman in service and in
9receipt of salary on or after such date, which benefit shall be
10in addition to all other annuities and benefits herein
11provided. This benefit shall be payable upon death of a
12fireman:
13        (1) occurring in active service while in receipt of
14    salary;
15        (2) on an authorized and approved leave of absence,
16    without salary, beginning on or after January 1, 1962, if
17    the death occurs within 60 days from the date the fireman
18    was in receipt of salary;
19        (3) receiving duty, occupational disease, or ordinary
20    disability benefit;
21        (4) occurring within 60 days from the date of
22    termination of duty disability, occupational disease
23    disability or ordinary disability benefit payments if
24    re-entry into service had not occurred; or
25        (5) occurring on retirement and while in receipt of an

 

 

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1    age and service annuity, prior service annuity, Tier 2
2    monthly retirement annuity, or minimum annuity; provided
3    (a) retirement on such annuity occurred on or after January
4    1, 1962, and (b) such separation from service was effective
5    on or after the fireman's attainment of age 50, and (c)
6    application for such annuity was made within 60 days after
7    separation from service.
8    (b) The ordinary death benefit shall be payable to such
9beneficiary or beneficiaries as the fireman has nominated by
10written direction duly signed and acknowledged before an
11officer authorized to take acknowledgments, and filed with the
12board. If no such written direction has been filed or if the
13designated beneficiaries do not survive the fireman, payment of
14the benefit shall be made to his estate.
15    (c) Beginning July 1, 1983, if death occurs prior to
16retirement on annuity and before the fireman's attainment of
17age 50, the amount of the benefit payable shall be $12,000.
18Beginning July 1, 1983, if death occurs prior to retirement, at
19age 50 or over, the benefit of $12,000 shall be reduced $400
20for each year (commencing on the fireman's attainment of age 50
21and thereafter on each succeeding birth date) that the
22fireman's age, at date of death, is more than age 49, but in no
23event below the amount of $6,000.
24    Beginning July 1, 1983, if the fireman's death occurs while
25he is in receipt of an annuity, the benefit shall be $6,000.
26    (d) For the purposes of this Section only, the death of any

 

 

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1fireman as a result of the exposure to and contraction of
2COVID-19, as evidenced by either (i) a confirmed positive
3laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
4confirmed diagnosis of COVID-19 from a licensed medical
5professional, shall be rebuttably presumed to have been
6contracted while in the performance of an act or acts of duty
7and the fireman shall be rebuttably presumed to have been
8fatally injured while in active service. The presumption shall
9apply to any fireman who was exposed to and contracted COVID-19
10on or after March 9, 2020 and on or before December 31, 2020;
11except that the presumption shall not apply if the fireman was
12on a leave of absence from his or her employment or otherwise
13not required to report for duty for a period of 14 or more
14consecutive days immediately prior to the date of contraction
15of COVID-19. For the purposes of determining when a fireman
16contracted COVID-19 under this subsection, the date of
17contraction is either the date that the fireman was diagnosed
18with COVID-19 or was unable to work due to symptoms that were
19later diagnosed as COVID-19, whichever occurred first.
20(Source: P.A. 99-905, eff. 11-29-16.)
 
21    Section 15. The Workers' Occupational Diseases Act is
22amended by changing Section 1 as follows:
 
23    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)
24    Sec. 1. This Act shall be known and may be cited as the

 

 

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1"Workers' Occupational Diseases Act".
2    (a) The term "employer" as used in this Act shall be
3construed to be:
4        1. The State and each county, city, town, township,
5    incorporated village, school district, body politic, or
6    municipal corporation therein.
7        2. Every person, firm, public or private corporation,
8    including hospitals, public service, eleemosynary,
9    religious or charitable corporations or associations, who
10    has any person in service or under any contract for hire,
11    express or implied, oral or written.
12        3. Where an employer operating under and subject to the
13    provisions of this Act loans an employee to another such
14    employer and such loaned employee sustains a compensable
15    occupational disease in the employment of such borrowing
16    employer and where such borrowing employer does not provide
17    or pay the benefits or payments due such employee, such
18    loaning employer shall be liable to provide or pay all
19    benefits or payments due such employee under this Act and
20    as to such employee the liability of such loaning and
21    borrowing employers shall be joint and several, provided
22    that such loaning employer shall in the absence of
23    agreement to the contrary be entitled to receive from such
24    borrowing employer full reimbursement for all sums paid or
25    incurred pursuant to this paragraph together with
26    reasonable attorneys' fees and expenses in any hearings

 

 

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1    before the Illinois Workers' Compensation Commission or in
2    any action to secure such reimbursement. Where any benefit
3    is provided or paid by such loaning employer, the employee
4    shall have the duty of rendering reasonable co-operation in
5    any hearings, trials or proceedings in the case, including
6    such proceedings for reimbursement.
7        Where an employee files an Application for Adjustment
8    of Claim with the Illinois Workers' Compensation
9    Commission alleging that his or her claim is covered by the
10    provisions of the preceding paragraph, and joining both the
11    alleged loaning and borrowing employers, they and each of
12    them, upon written demand by the employee and within 7 days
13    after receipt of such demand, shall have the duty of filing
14    with the Illinois Workers' Compensation Commission a
15    written admission or denial of the allegation that the
16    claim is covered by the provisions of the preceding
17    paragraph and in default of such filing or if any such
18    denial be ultimately determined not to have been bona fide
19    then the provisions of Paragraph K of Section 19 of this
20    Act shall apply.
21        An employer whose business or enterprise or a
22    substantial part thereof consists of hiring, procuring or
23    furnishing employees to or for other employers operating
24    under and subject to the provisions of this Act for the
25    performance of the work of such other employers and who
26    pays such employees their salary or wage notwithstanding

 

 

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1    that they are doing the work of such other employers shall
2    be deemed a loaning employer within the meaning and
3    provisions of this Section.
4    (b) The term "employee" as used in this Act, shall be
5construed to mean:
6        1. Every person in the service of the State, county,
7    city, town, township, incorporated village or school
8    district, body politic or municipal corporation therein,
9    whether by election, appointment or contract of hire,
10    express or implied, oral or written, including any official
11    of the State, or of any county, city, town, township,
12    incorporated village, school district, body politic or
13    municipal corporation therein and except any duly
14    appointed member of the fire department in any city whose
15    population exceeds 500,000 according to the last Federal or
16    State census, and except any member of a fire insurance
17    patrol maintained by a board of underwriters in this State.
18    One employed by a contractor who has contracted with the
19    State, or a county, city, town, township, incorporated
20    village, school district, body politic or municipal
21    corporation therein, through its representatives, shall
22    not be considered as an employee of the State, county,
23    city, town, township, incorporated village, school
24    district, body politic or municipal corporation which made
25    the contract.
26        2. Every person in the service of another under any

 

 

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1    contract of hire, express or implied, oral or written, who
2    contracts an occupational disease while working in the
3    State of Illinois, or who contracts an occupational disease
4    while working outside of the State of Illinois but where
5    the contract of hire is made within the State of Illinois,
6    and any person whose employment is principally localized
7    within the State of Illinois, regardless of the place where
8    the disease was contracted or place where the contract of
9    hire was made, including aliens, and minors who, for the
10    purpose of this Act, except Section 3 hereof, shall be
11    considered the same and have the same power to contract,
12    receive payments and give quittances therefor, as adult
13    employees. An employee or his or her dependents under this
14    Act who shall have a cause of action by reason of an
15    occupational disease, disablement or death arising out of
16    and in the course of his or her employment may elect or
17    pursue his or her remedy in the State where the disease was
18    contracted, or in the State where the contract of hire is
19    made, or in the State where the employment is principally
20    localized.
21    (c) "Commission" means the Illinois Workers' Compensation
22Commission created by the Workers' Compensation Act, approved
23July 9, 1951, as amended.
24    (d) In this Act the term "Occupational Disease" means a
25disease arising out of and in the course of the employment or
26which has become aggravated and rendered disabling as a result

 

 

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1of the exposure of the employment. Such aggravation shall arise
2out of a risk peculiar to or increased by the employment and
3not common to the general public.
4    A disease shall be deemed to arise out of the employment if
5there is apparent to the rational mind, upon consideration of
6all the circumstances, a causal connection between the
7conditions under which the work is performed and the
8occupational disease. The disease need not to have been
9foreseen or expected but after its contraction it must appear
10to have had its origin or aggravation in a risk connected with
11the employment and to have flowed from that source as a
12rational consequence.
13    An employee shall be conclusively deemed to have been
14exposed to the hazards of an occupational disease when, for any
15length of time however short, he or she is employed in an
16occupation or process in which the hazard of the disease
17exists; provided however, that in a claim of exposure to atomic
18radiation, the fact of such exposure must be verified by the
19records of the central registry of radiation exposure
20maintained by the Department of Public Health or by some other
21recognized governmental agency maintaining records of such
22exposures whenever and to the extent that the records are on
23file with the Department of Public Health or the agency.
24    Any injury to or disease or death of an employee arising
25from the administration of a vaccine, including without
26limitation smallpox vaccine, to prepare for, or as a response

 

 

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1to, a threatened or potential bioterrorist incident to the
2employee as part of a voluntary inoculation program in
3connection with the person's employment or in connection with
4any governmental program or recommendation for the inoculation
5of workers in the employee's occupation, geographical area, or
6other category that includes the employee is deemed to arise
7out of and in the course of the employment for all purposes
8under this Act. This paragraph added by Public Act 93-829 is
9declarative of existing law and is not a new enactment.
10    The employer liable for the compensation in this Act
11provided shall be the employer in whose employment the employee
12was last exposed to the hazard of the occupational disease
13claimed upon regardless of the length of time of such last
14exposure, except, in cases of silicosis or asbestosis, the only
15employer liable shall be the last employer in whose employment
16the employee was last exposed during a period of 60 days or
17more after the effective date of this Act, to the hazard of
18such occupational disease, and, in such cases, an exposure
19during a period of less than 60 days, after the effective date
20of this Act, shall not be deemed a last exposure. If a miner
21who is suffering or suffered from pneumoconiosis was employed
22for 10 years or more in one or more coal mines there shall,
23effective July 1, 1973 be a rebuttable presumption that his or
24her pneumoconiosis arose out of such employment.
25    If a deceased miner was employed for 10 years or more in
26one or more coal mines and died from a respirable disease there

 

 

HB2455 Enrolled- 21 -LRB101 08292 JLS 53360 b

1shall, effective July 1, 1973, be a rebuttable presumption that
2his or her death was due to pneumoconiosis.
3    Any condition or impairment of health of an employee
4employed as a firefighter, emergency medical technician (EMT),
5emergency medical technician-intermediate (EMT-I), advanced
6emergency medical technician (A-EMT), or paramedic which
7results directly or indirectly from any bloodborne pathogen,
8lung or respiratory disease or condition, heart or vascular
9disease or condition, hypertension, tuberculosis, or cancer
10resulting in any disability (temporary, permanent, total, or
11partial) to the employee shall be rebuttably presumed to arise
12out of and in the course of the employee's firefighting, EMT,
13EMT-I, A-EMT, or paramedic employment and, further, shall be
14rebuttably presumed to be causally connected to the hazards or
15exposures of the employment. This presumption shall also apply
16to any hernia or hearing loss suffered by an employee employed
17as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
18this presumption shall not apply to any employee who has been
19employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
20less than 5 years at the time he or she files an Application
21for Adjustment of Claim concerning this condition or impairment
22with the Illinois Workers' Compensation Commission. The
23rebuttable presumption established under this subsection,
24however, does not apply to an emergency medical technician
25(EMT), emergency medical technician-intermediate (EMT-I),
26advanced emergency medical technician (A-EMT), or paramedic

 

 

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1employed by a private employer if the employee spends the
2preponderance of his or her work time for that employer engaged
3in medical transfers between medical care facilities or
4non-emergency medical transfers to or from medical care
5facilities. The changes made to this subsection by this
6amendatory Act of the 98th General Assembly shall be narrowly
7construed. The Finding and Decision of the Illinois Workers'
8Compensation Commission under only the rebuttable presumption
9provision of this paragraph shall not be admissible or be
10deemed res judicata in any disability claim under the Illinois
11Pension Code arising out of the same medical condition;
12however, this sentence makes no change to the law set forth in
13Krohe v. City of Bloomington, 204 Ill.2d 392.
14    The insurance carrier liable shall be the carrier whose
15policy was in effect covering the employer liable on the last
16day of the exposure rendering such employer liable in
17accordance with the provisions of this Act.
18    (e) "Disablement" means an impairment or partial
19impairment, temporary or permanent, in the function of the body
20or any of the members of the body, or the event of becoming
21disabled from earning full wages at the work in which the
22employee was engaged when last exposed to the hazards of the
23occupational disease by the employer from whom he or she claims
24compensation, or equal wages in other suitable employment; and
25"disability" means the state of being so incapacitated.
26    (f) No compensation shall be payable for or on account of

 

 

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1any occupational disease unless disablement, as herein
2defined, occurs within two years after the last day of the last
3exposure to the hazards of the disease, except in cases of
4occupational disease caused by berylliosis or by the inhalation
5of silica dust or asbestos dust and, in such cases, within 3
6years after the last day of the last exposure to the hazards of
7such disease and except in the case of occupational disease
8caused by exposure to radiological materials or equipment, and
9in such case, within 25 years after the last day of last
10exposure to the hazards of such disease.
11    (g)(1) In any proceeding before the Commission in which the
12employee is a COVID-19 first responder or front-line worker as
13defined in this subsection, if the employee's injury or
14occupational disease resulted from exposure to and contraction
15of COVID-19, the exposure and contraction shall be rebuttably
16presumed to have arisen out of and in the course of the
17employee's first responder or front-line worker employment and
18the injury or occupational disease shall be rebuttably presumed
19to be causally connected to the hazards or exposures of the
20employee's first responder or front-line worker employment.
21    (2) The term "COVID-19 first responder or front-line
22worker" means: all individuals employed as police, fire
23personnel, emergency medical technicians, or paramedics; all
24individuals employed and considered as first responders; all
25workers for health care providers, including nursing homes and
26rehabilitation facilities and home care workers; corrections

 

 

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1officers; and any individuals employed by essential businesses
2and operations as defined in Executive Order 2020-10 dated
3March 20, 2020, as long as individuals employed by essential
4businesses and operations are required by their employment to
5encounter members of the general public or to work in
6employment locations of more than 15 employees. For purposes of
7this subsection only, an employee's home or place of residence
8is not a place of employment, except for home care workers.
9    (3) The presumption created in this subsection may be
10rebutted by evidence, including, but not limited to, the
11following:
12        (A) the employee was working from his or her home, on
13    leave from his or her employment, or some combination
14    thereof, for a period of 14 or more consecutive days
15    immediately prior to the employee's injury, occupational
16    disease, or period of incapacity resulted from exposure to
17    COVID-19; or
18        (B) the employer was engaging in and applying to the
19    fullest extent possible or enforcing to the best of its
20    ability industry-specific workplace sanitation, social
21    distancing, and health and safety practices based on
22    updated guidance issued by the Centers for Disease Control
23    and Prevention or Illinois Department of Public Health or
24    was using a combination of administrative controls,
25    engineering controls, or personal protective equipment to
26    reduce the transmission of COVID-19 to all employees for at

 

 

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1    least 14 consecutive days prior to the employee's injury,
2    occupational disease, or period of incapacity resulting
3    from exposure to COVID-19. For purposes of this subsection,
4    "updated" means the guidance in effect at least 14 days
5    prior to the COVID-19 diagnosis. For purposes of this
6    subsection, "personal protective equipment" means
7    industry-specific equipment worn to minimize exposure to
8    hazards that cause illnesses or serious injuries, which may
9    result from contact with biological, chemical,
10    radiological, physical, electrical, mechanical, or other
11    workplace hazards. "Personal protective equipment"
12    includes, but is not limited to, items such as face
13    coverings, gloves, safety glasses, safety face shields,
14    barriers, shoes, earplugs or muffs, hard hats,
15    respirators, coveralls, vests, and full body suits; or
16        (C) the employee was exposed to COVID-19 by an
17    alternate source.
18    (4) The rebuttable presumption created in this subsection
19applies to all cases tried after the effective date of this
20amendatory Act of the 101st General Assembly and in which the
21diagnosis of COVID-19 was made on or after March 9, 2020 and on
22or before December 31, 2020.
23    (5) Under no circumstances shall any COVID-19 case increase
24or affect any employer's workers' compensation insurance
25experience rating or modification, but COVID-19 costs may be
26included in determining overall State loss costs.

 

 

HB2455 Enrolled- 26 -LRB101 08292 JLS 53360 b

1    (6) In order for the presumption created in this subsection
2to apply at trial, for COVID-19 diagnoses occurring on or
3before June 15, 2020, an employee must provide a confirmed
4medical diagnosis by a licensed medical practitioner or a
5positive laboratory test for COVID-19 or for COVID-19
6antibodies; for COVID-19 diagnoses occurring after June 15,
72020, an employee must provide a positive laboratory test for
8COVID-19 or for COVID-19 antibodies.
9    (7) The presumption created in this subsection does not
10apply if the employee's place of employment was solely the
11employee's home or residence for a period of 14 or more
12consecutive days immediately prior to the employee's injury,
13occupational disease, or period of incapacity resulted from
14exposure to COVID-19.
15    (8) The date of injury or the beginning of the employee's
16occupational disease or period of disability is either the date
17that the employee was unable to work due to contraction of
18COVID-19 or was unable to work due to symptoms that were later
19diagnosed as COVID-19, whichever came first.
20    (9) An employee who contracts COVID-19, but fails to
21establish the rebuttable presumption is not precluded from
22filing for compensation under this Act or under the Workers'
23Compensation Act.
24    (10) To qualify for temporary total disability benefits
25under the presumption created in this subsection, the employee
26must be certified for or recertified for temporary disability.

 

 

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1    (11) An employer is entitled to a credit against any
2liability for temporary total disability due to an employee as
3a result of the employee contracting COVID-19 for (A) any sick
4leave benefits or extended salary benefits paid to the employee
5by the employer under Emergency Family Medical Leave Expansion
6Act, Emergency Paid Sick Leave Act of the Families First
7Coronavirus Response Act, or any other federal law, or (B) any
8other credit to which an employer is entitled under the
9Workers' Compensation Act.
10(Source: P.A. 98-291, eff. 1-1-14; 98-973, eff. 8-15-14.)
 
11    Section 20. The Unemployment Insurance Act is amended by
12changing Sections 401, 409, 500, 612, 1505, and 1506.6 and by
13adding Section 1502.4 as follows:
 
14    (820 ILCS 405/401)  (from Ch. 48, par. 401)
15    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
16    A. With respect to any week beginning in a benefit year
17beginning prior to January 4, 2004, an individual's weekly
18benefit amount shall be an amount equal to the weekly benefit
19amount as defined in the provisions of this Act as amended and
20in effect on November 18, 2011.
21    B. 1. With respect to any benefit year beginning on or
22after January 4, 2004 and before January 6, 2008, an
23individual's weekly benefit amount shall be 48% of his or her
24prior average weekly wage, rounded (if not already a multiple

 

 

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1of one dollar) to the next higher dollar; provided, however,
2that the weekly benefit amount cannot exceed the maximum weekly
3benefit amount and cannot be less than $51. Except as otherwise
4provided in this Section, with respect to any benefit year
5beginning on or after January 6, 2008, an individual's weekly
6benefit amount shall be 47% of his or her prior average weekly
7wage, rounded (if not already a multiple of one dollar) to the
8next higher dollar; provided, however, that the weekly benefit
9amount cannot exceed the maximum weekly benefit amount and
10cannot be less than $51. With respect to any benefit year
11beginning in calendar year 2022, an individual's weekly benefit
12amount shall be 42.4% 40.6% of his or her prior average weekly
13wage, rounded (if not already a multiple of one dollar) to the
14next higher dollar; provided, however, that the weekly benefit
15amount cannot exceed the maximum weekly benefit amount and
16cannot be less than $51.
17    2. For the purposes of this subsection:
18    An individual's "prior average weekly wage" means the total
19wages for insured work paid to that individual during the 2
20calendar quarters of his base period in which such total wages
21were highest, divided by 26. If the quotient is not already a
22multiple of one dollar, it shall be rounded to the nearest
23dollar; however if the quotient is equally near 2 multiples of
24one dollar, it shall be rounded to the higher multiple of one
25dollar.
26    "Determination date" means June 1 and December 1 of each

 

 

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1calendar year except that, for the purposes of this Act only,
2there shall be no June 1 determination date in any year.
3    "Determination period" means, with respect to each June 1
4determination date, the 12 consecutive calendar months ending
5on the immediately preceding December 31 and, with respect to
6each December 1 determination date, the 12 consecutive calendar
7months ending on the immediately preceding June 30.
8    "Benefit period" means the 12 consecutive calendar month
9period beginning on the first day of the first calendar month
10immediately following a determination date, except that, with
11respect to any calendar year in which there is a June 1
12determination date, "benefit period" shall mean the 6
13consecutive calendar month period beginning on the first day of
14the first calendar month immediately following the preceding
15December 1 determination date and the 6 consecutive calendar
16month period beginning on the first day of the first calendar
17month immediately following the June 1 determination date.
18    "Gross wages" means all the wages paid to individuals
19during the determination period immediately preceding a
20determination date for insured work, and reported to the
21Director by employers prior to the first day of the third
22calendar month preceding that date.
23    "Covered employment" for any calendar month means the total
24number of individuals, as determined by the Director, engaged
25in insured work at mid-month.
26    "Average monthly covered employment" means one-twelfth of

 

 

HB2455 Enrolled- 30 -LRB101 08292 JLS 53360 b

1the sum of the covered employment for the 12 months of a
2determination period.
3    "Statewide average annual wage" means the quotient,
4obtained by dividing gross wages by average monthly covered
5employment for the same determination period, rounded (if not
6already a multiple of one cent) to the nearest cent.
7    "Statewide average weekly wage" means the quotient,
8obtained by dividing the statewide average annual wage by 52,
9rounded (if not already a multiple of one cent) to the nearest
10cent. Notwithstanding any provision of this Section to the
11contrary, the statewide average weekly wage for any benefit
12period prior to calendar year 2012 shall be as determined by
13the provisions of this Act as amended and in effect on November
1418, 2011. Notwithstanding any provisions of this Section to the
15contrary, the statewide average weekly wage for the benefit
16period of calendar year 2012 shall be $856.55 and for each
17calendar year thereafter, the statewide average weekly wage
18shall be the statewide average weekly wage, as determined in
19accordance with this sentence, for the immediately preceding
20benefit period plus (or minus) an amount equal to the
21percentage change in the statewide average weekly wage, as
22computed in accordance with the first sentence of this
23paragraph, between the 2 immediately preceding benefit
24periods, multiplied by the statewide average weekly wage, as
25determined in accordance with this sentence, for the
26immediately preceding benefit period. However, for purposes of

 

 

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1the Workers' Compensation Act, the statewide average weekly
2wage will be computed using June 1 and December 1 determination
3dates of each calendar year and such determination shall not be
4subject to the limitation of the statewide average weekly wage
5as computed in accordance with the preceding sentence of this
6paragraph.
7    With respect to any week beginning in a benefit year
8beginning prior to January 4, 2004, "maximum weekly benefit
9amount" with respect to each week beginning within a benefit
10period shall be as defined in the provisions of this Act as
11amended and in effect on November 18, 2011.
12    With respect to any benefit year beginning on or after
13January 4, 2004 and before January 6, 2008, "maximum weekly
14benefit amount" with respect to each week beginning within a
15benefit period means 48% of the statewide average weekly wage,
16rounded (if not already a multiple of one dollar) to the next
17higher dollar.
18    Except as otherwise provided in this Section, with respect
19to any benefit year beginning on or after January 6, 2008,
20"maximum weekly benefit amount" with respect to each week
21beginning within a benefit period means 47% of the statewide
22average weekly wage, rounded (if not already a multiple of one
23dollar) to the next higher dollar.
24    With respect to any benefit year beginning in calendar year
252022, "maximum weekly benefit amount" with respect to each week
26beginning within a benefit period means 42.4% 40.6% of the

 

 

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1statewide average weekly wage, rounded (if not already a
2multiple of one dollar) to the next higher dollar.
3    C. With respect to any week beginning in a benefit year
4beginning prior to January 4, 2004, an individual's eligibility
5for a dependent allowance with respect to a nonworking spouse
6or one or more dependent children shall be as defined by the
7provisions of this Act as amended and in effect on November 18,
82011.
9    With respect to any benefit year beginning on or after
10January 4, 2004 and before January 6, 2008, an individual to
11whom benefits are payable with respect to any week shall, in
12addition to those benefits, be paid, with respect to such week,
13as follows: in the case of an individual with a nonworking
14spouse, 9% of his or her prior average weekly wage, rounded (if
15not already a multiple of one dollar) to the next higher
16dollar, provided, that the total amount payable to the
17individual with respect to a week shall not exceed 57% of the
18statewide average weekly wage, rounded (if not already a
19multiple of one dollar) to the next higher dollar; and in the
20case of an individual with a dependent child or dependent
21children, 17.2% of his or her prior average weekly wage,
22rounded (if not already a multiple of one dollar) to the next
23higher dollar, provided that the total amount payable to the
24individual with respect to a week shall not exceed 65.2% of the
25statewide average weekly wage, rounded (if not already a
26multiple of one dollar) to the next higher dollar.

 

 

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1    With respect to any benefit year beginning on or after
2January 6, 2008 and before January 1, 2010, an individual to
3whom benefits are payable with respect to any week shall, in
4addition to those benefits, be paid, with respect to such week,
5as follows: in the case of an individual with a nonworking
6spouse, 9% of his or her prior average weekly wage, rounded (if
7not already a multiple of one dollar) to the next higher
8dollar, provided, that the total amount payable to the
9individual with respect to a week shall not exceed 56% of the
10statewide average weekly wage, rounded (if not already a
11multiple of one dollar) to the next higher dollar; and in the
12case of an individual with a dependent child or dependent
13children, 18.2% of his or her prior average weekly wage,
14rounded (if not already a multiple of one dollar) to the next
15higher dollar, provided that the total amount payable to the
16individual with respect to a week shall not exceed 65.2% of the
17statewide average weekly wage, rounded (if not already a
18multiple of one dollar) to the next higher dollar.
19    The additional amount paid pursuant to this subsection in
20the case of an individual with a dependent child or dependent
21children shall be referred to as the "dependent child
22allowance", and the percentage rate by which an individual's
23prior average weekly wage is multiplied pursuant to this
24subsection to calculate the dependent child allowance shall be
25referred to as the "dependent child allowance rate".
26    Except as otherwise provided in this Section, with respect

 

 

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1to any benefit year beginning on or after January 1, 2010, an
2individual to whom benefits are payable with respect to any
3week shall, in addition to those benefits, be paid, with
4respect to such week, as follows: in the case of an individual
5with a nonworking spouse, the greater of (i) 9% of his or her
6prior average weekly wage, rounded (if not already a multiple
7of one dollar) to the next higher dollar, or (ii) $15, provided
8that the total amount payable to the individual with respect to
9a week shall not exceed 56% of the statewide average weekly
10wage, rounded (if not already a multiple of one dollar) to the
11next higher dollar; and in the case of an individual with a
12dependent child or dependent children, the greater of (i) the
13product of the dependent child allowance rate multiplied by his
14or her prior average weekly wage, rounded (if not already a
15multiple of one dollar) to the next higher dollar, or (ii) the
16lesser of $50 or 50% of his or her weekly benefit amount,
17rounded (if not already a multiple of one dollar) to the next
18higher dollar, provided that the total amount payable to the
19individual with respect to a week shall not exceed the product
20of the statewide average weekly wage multiplied by the sum of
2147% plus the dependent child allowance rate, rounded (if not
22already a multiple of one dollar) to the next higher dollar.
23    With respect to any benefit year beginning in calendar year
242022, an individual to whom benefits are payable with respect
25to any week shall, in addition to those benefits, be paid, with
26respect to such week, as follows: in the case of an individual

 

 

HB2455 Enrolled- 35 -LRB101 08292 JLS 53360 b

1with a nonworking spouse, the greater of (i) 9% of his or her
2prior average weekly wage, rounded (if not already a multiple
3of one dollar) to the next higher dollar, or (ii) $15, provided
4that the total amount payable to the individual with respect to
5a week shall not exceed 51.4% 49.6% of the statewide average
6weekly wage, rounded (if not already a multiple of one dollar)
7to the next higher dollar; and in the case of an individual
8with a dependent child or dependent children, the greater of
9(i) the product of the dependent child allowance rate
10multiplied by his or her prior average weekly wage, rounded (if
11not already a multiple of one dollar) to the next higher
12dollar, or (ii) the lesser of $50 or 50% of his or her weekly
13benefit amount, rounded (if not already a multiple of one
14dollar) to the next higher dollar, provided that the total
15amount payable to the individual with respect to a week shall
16not exceed the product of the statewide average weekly wage
17multiplied by the sum of 42.4% 40.6% plus the dependent child
18allowance rate, rounded (if not already a multiple of one
19dollar) to the next higher dollar.
20    With respect to each benefit year beginning after calendar
21year 2012, the dependent child allowance rate shall be the sum
22of the allowance adjustment applicable pursuant to Section
231400.1 to the calendar year in which the benefit year begins,
24plus the dependent child allowance rate with respect to each
25benefit year beginning in the immediately preceding calendar
26year, except as otherwise provided in this subsection. The

 

 

HB2455 Enrolled- 36 -LRB101 08292 JLS 53360 b

1dependent child allowance rate with respect to each benefit
2year beginning in calendar year 2010 shall be 17.9%. The
3dependent child allowance rate with respect to each benefit
4year beginning in calendar year 2011 shall be 17.4%. The
5dependent child allowance rate with respect to each benefit
6year beginning in calendar year 2012 shall be 17.0% and, with
7respect to each benefit year beginning after calendar year
82012, shall not be less than 17.0% or greater than 17.9%.
9    For the purposes of this subsection:
10    "Dependent" means a child or a nonworking spouse.
11    "Child" means a natural child, stepchild, or adopted child
12of an individual claiming benefits under this Act or a child
13who is in the custody of any such individual by court order,
14for whom the individual is supplying and, for at least 90
15consecutive days (or for the duration of the parental
16relationship if it has existed for less than 90 days)
17immediately preceding any week with respect to which the
18individual has filed a claim, has supplied more than one-half
19the cost of support, or has supplied at least 1/4 of the cost
20of support if the individual and the other parent, together,
21are supplying and, during the aforesaid period, have supplied
22more than one-half the cost of support, and are, and were
23during the aforesaid period, members of the same household; and
24who, on the first day of such week (a) is under 18 years of age,
25or (b) is, and has been during the immediately preceding 90
26days, unable to work because of illness or other disability:

 

 

HB2455 Enrolled- 37 -LRB101 08292 JLS 53360 b

1provided, that no person who has been determined to be a child
2of an individual who has been allowed benefits with respect to
3a week in the individual's benefit year shall be deemed to be a
4child of the other parent, and no other person shall be
5determined to be a child of such other parent, during the
6remainder of that benefit year.
7    "Nonworking spouse" means the lawful husband or wife of an
8individual claiming benefits under this Act, for whom more than
9one-half the cost of support has been supplied by the
10individual for at least 90 consecutive days (or for the
11duration of the marital relationship if it has existed for less
12than 90 days) immediately preceding any week with respect to
13which the individual has filed a claim, but only if the
14nonworking spouse is currently ineligible to receive benefits
15under this Act by reason of the provisions of Section 500E.
16    An individual who was obligated by law to provide for the
17support of a child or of a nonworking spouse for the aforesaid
18period of 90 consecutive days, but was prevented by illness or
19injury from doing so, shall be deemed to have provided more
20than one-half the cost of supporting the child or nonworking
21spouse for that period.
22(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
 
23    (820 ILCS 405/409)  (from Ch. 48, par. 409)
24    Sec. 409. Extended Benefits.
25    A. For the purposes of this Section:

 

 

HB2455 Enrolled- 38 -LRB101 08292 JLS 53360 b

1        1. "Extended benefit period" means a period which
2    begins with the third week after a week for which there is
3    a State "on" indicator; and ends with either of the
4    following weeks, whichever occurs later: (1) the third week
5    after the first week for which there is a State "off"
6    indicator, or (2) the thirteenth consecutive week of such
7    period. No extended benefit period shall begin by reason of
8    a State "on" indicator before the fourteenth week following
9    the end of a prior extended benefit period.
10        2. There is a "State 'on' indicator" for a week if (a)
11    the Director determines, in accordance with the
12    regulations of the United States Secretary of Labor or
13    other appropriate Federal agency, that for the period
14    consisting of such week and the immediately preceding
15    twelve weeks, the rate of insured unemployment (not
16    seasonally adjusted) in this State (1) equaled or exceeded
17    5% and equaled or exceeded 120% of the average of such
18    rates for the corresponding 13-week period ending in each
19    of the preceding 2 calendar years, or (2) equaled or
20    exceeded 6 percent, or (b) the United States Secretary of
21    Labor determines that (1) the average rate of total
22    unemployment in this State (seasonally adjusted) for the
23    period consisting of the most recent 3 months for which
24    data for all states are published before the close of such
25    week equals or exceeds 6.5%, and (2) the average rate of
26    total unemployment in this State (seasonally adjusted) for

 

 

HB2455 Enrolled- 39 -LRB101 08292 JLS 53360 b

1    the 3-month period referred to in (1) equals or exceeds
2    110% of such average rate for either (or both) of the
3    corresponding 3-month periods ending in the 2 preceding
4    calendar years. Clause (b) of this paragraph shall only
5    apply to weeks beginning on or after February 22, 2009,
6    through the end of the fourth week prior to the last week
7    for which federal sharing is provided as authorized by
8    Section 2005(a) of Public Law 111-5 without regard to
9    Section 2005(c) of Public Law 111-5 and is inoperative as
10    of the end of the last week for which federal sharing is
11    provided as authorized by Section 2005(a) of Public Law
12    111-5 and to weeks beginning on or after March 15, 2020
13    through the end of the fourth week prior to the last week
14    for which federal sharing is provided as authorized by
15    Section 4105 of Public Law 116-127, or any amendments
16    thereto, and is inoperative as of the end of the last week
17    for which federal sharing is provided as authorized by
18    Section 4105 of Public Law 116-127, or any amendments
19    thereto.
20        2.1. With respect to benefits for weeks of unemployment
21    beginning after December 17, 2010, and ending on or before
22    the earlier of the latest date permitted under federal law
23    or the end of the fourth week prior to the last week for
24    which federal sharing is provided as authorized by Section
25    2005(a) of Public Law 111-5 without regard to Section
26    2005(c) of Public Law 111-5, the determination of whether

 

 

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1    there has been a State "on" indicator pursuant to paragraph
2    2 shall be made as if, in clause (a) of paragraph 2, the
3    phrase "2 calendar years" were "3 calendar years" and as
4    if, in clause (b) of paragraph 2, the word "either" were
5    "any", the word "both" were "all", and the phrase "2
6    preceding calendar years" were "3 preceding calendar
7    years".
8        3. There is a "State 'off' indicator" for a week if
9    there is not a State 'on' indicator for the week pursuant
10    to paragraph 2.
11        4. "Rate of insured unemployment", for the purpose of
12    paragraph 2, means the percentage derived by dividing (a)
13    the average weekly number of individuals filing claims for
14    "regular benefits" in this State for weeks of unemployment
15    with respect to the most recent 13 consecutive week period,
16    as determined by the Director on the basis of his reports
17    to the United States Secretary of Labor or other
18    appropriate Federal agency, by (b) the average monthly
19    employment covered under this Act for the first four of the
20    most recent six completed calendar quarters ending before
21    the close of such 13-week period.
22        5. "Regular benefits" means benefits, other than
23    extended benefits and additional benefits, payable to an
24    individual (including dependents' allowances) under this
25    Act or under any other State unemployment compensation law
26    (including benefits payable to Federal civilian employees

 

 

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1    and ex-servicemen pursuant to 5 U.S.C. chapter 85).
2        6. "Extended benefits" means benefits (including
3    benefits payable to Federal civilian employees and
4    ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to
5    an individual under the provisions of this Section for
6    weeks which begin in his eligibility period.
7        7. "Additional benefits" means benefits totally
8    financed by a State and payable to exhaustees (as defined
9    in subsection C) by reason of conditions of high
10    unemployment or by reason of other specified factors. If an
11    individual is eligible to receive extended benefits under
12    the provisions of this Section and is eligible to receive
13    additional benefits with respect to the same week under the
14    law of another State, he may elect to claim either extended
15    benefits or additional benefits with respect to the week.
16        8. "Eligibility period" means the period consisting of
17    the weeks in an individual's benefit year which begin in an
18    extended benefit period and, if his benefit year ends
19    within such extended benefit period, any weeks thereafter
20    which begin in such period. An individual's eligibility
21    period shall also include such other weeks as federal law
22    may allow.
23        9. Notwithstanding any other provision to the
24    contrary, no employer shall be liable for payments in lieu
25    of contributions pursuant to Section 1404, by reason of the
26    payment of extended benefits which are wholly reimbursed to

 

 

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1    this State by the Federal Government or would have been
2    wholly reimbursed to this State by the Federal Government
3    if the employer had paid all of the claimant's wages during
4    the applicable base period. Extended benefits shall not
5    become benefit charges under Section 1501.1 if they are
6    wholly reimbursed to this State by the Federal Government
7    or would have been wholly reimbursed to this State by the
8    Federal Government if the employer had paid all of the
9    claimant's wages during the applicable base period. For
10    purposes of this paragraph, extended benefits will be
11    considered to be wholly reimbursed by the Federal
12    Government notwithstanding the operation of Section
13    204(a)(2)(D) of the Federal-State Extended Unemployment
14    Compensation Act of 1970.
15    B. An individual shall be eligible to receive extended
16benefits pursuant to this Section for any week which begins in
17his eligibility period if, with respect to such week (1) he has
18been paid wages for insured work during his base period equal
19to at least 1 1/2 times the wages paid in that calendar quarter
20of his base period in which such wages were highest; (2) he has
21met the requirements of Section 500E of this Act; (3) he is an
22exhaustee; and (4) except when the result would be inconsistent
23with the provisions of this Section, he has satisfied the
24requirements of this Act for the receipt of regular benefits.
25    C. An individual is an exhaustee with respect to a week
26which begins in his eligibility period if:

 

 

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1        1. Prior to such week (a) he has received, with respect
2    to his current benefit year that includes such week, the
3    maximum total amount of benefits to which he was entitled
4    under the provisions of Section 403B, and all of the
5    regular benefits (including dependents' allowances) to
6    which he had entitlement (if any) on the basis of wages or
7    employment under any other State unemployment compensation
8    law; or (b) he has received all the regular benefits
9    available to him with respect to his current benefit year
10    that includes such week, under this Act and under any other
11    State unemployment compensation law, after a cancellation
12    of some or all of his wage credits or the partial or total
13    reduction of his regular benefit rights; or (c) his benefit
14    year terminated, and he cannot meet the qualifying wage
15    requirements of Section 500E of this Act or the qualifying
16    wage or employment requirements of any other State
17    unemployment compensation law to establish a new benefit
18    year which would include such week or, having established a
19    new benefit year that includes such week, he is ineligible
20    for regular benefits by reason of Section 607 of this Act
21    or a like provision of any other State unemployment
22    compensation law; and
23        2. For such week (a) he has no right to benefits or
24    allowances, as the case may be, under the Railroad
25    Unemployment Insurance Act, or such other Federal laws as
26    are specified in regulations of the United States Secretary

 

 

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1    of Labor or other appropriate Federal agency; and (b) he
2    has not received and is not seeking benefits under the
3    unemployment compensation law of Canada, except that if he
4    is seeking such benefits and the appropriate agency finally
5    determines that he is not entitled to benefits under such
6    law, this clause shall not apply.
7        3. For the purposes of clauses (a) and (b) of paragraph
8    1 of this subsection, an individual shall be deemed to have
9    received, with respect to his current benefit year, the
10    maximum total amount of benefits to which he was entitled
11    or all of the regular benefits to which he had entitlement,
12    or all of the regular benefits available to him, as the
13    case may be, even though (a) as a result of a pending
14    reconsideration or appeal with respect to the "finding"
15    defined in Section 701, or of a pending appeal with respect
16    to wages or employment or both under any other State
17    unemployment compensation law, he may subsequently be
18    determined to be entitled to more regular benefits; or (b)
19    by reason of a seasonality provision in a State
20    unemployment compensation law which establishes the weeks
21    of the year for which regular benefits may be paid to
22    individuals on the basis of wages in seasonal employment he
23    may be entitled to regular benefits for future weeks but
24    such benefits are not payable with respect to the week for
25    which he is claiming extended benefits, provided that he is
26    otherwise an exhaustee under the provisions of this

 

 

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1    subsection with respect to his rights to regular benefits,
2    under such seasonality provision, during the portion of the
3    year in which that week occurs; or (c) having established a
4    benefit year, no regular benefits are payable to him with
5    respect to such year because his wage credits were
6    cancelled or his rights to regular benefits were totally
7    reduced by reason of the application of a disqualification
8    provision of a State unemployment compensation law.
9    D. 1. The provisions of Section 607 and the waiting period
10    requirements of Section 500D shall not be applicable to any
11    week with respect to which benefits are otherwise payable
12    under this Section.
13        2. An individual shall not cease to be an exhaustee
14    with respect to any week solely because he meets the
15    qualifying wage requirements of Section 500E for a part of
16    such week.
17    E. With respect to any week which begins in his eligibility
18period, an exhaustee's "weekly extended benefit amount" shall
19be the same as his weekly benefit amount during his benefit
20year which includes such week or, if such week is not in a
21benefit year, during his applicable benefit year, as defined in
22regulations issued by the United States Secretary of Labor or
23other appropriate Federal agency. If the exhaustee had more
24than one weekly benefit amount during his benefit year, his
25weekly extended benefit amount with respect to such week shall
26be the latest of such weekly benefit amounts.

 

 

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1    F. 1. An eligible exhaustee shall be entitled, during any
2eligibility period, to a maximum total amount of extended
3benefits equal to the lesser of the following amounts, not
4including any Federal Pandemic Unemployment Compensation
5amounts provided for in Section 2104 of Public Law 116-136:
6        a. Fifty percent of the maximum total amount of
7    benefits to which he was entitled under Section 403B during
8    his applicable benefit year;
9        b. Thirteen times his weekly extended benefit amount as
10    determined under subsection E; or
11        c. Thirty-nine times his or her average weekly extended
12    benefit amount, reduced by the regular benefits (not
13    including any dependents' allowances) paid to him or her
14    during such benefit year.
15    2. An eligible exhaustee shall be entitled, during a "high
16unemployment period", to a maximum total amount of extended
17benefits equal to the lesser of the following amounts:
18        a. Eighty percent of the maximum total amount of
19    benefits to which he or she was entitled under Section 403B
20    during his or her applicable benefit year;
21        b. Twenty times his or her weekly extended benefit
22    amount as determined under subsection E; or
23        c. Forty-six times his or her average weekly extended
24    benefit amount, reduced by the regular benefits (not
25    including any dependents' allowances) paid to him or her
26    during such benefit year.

 

 

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1    For purposes of this paragraph, the term "high unemployment
2period" means any period during which (i) clause (b) of
3paragraph (2) of subsection A is operative and (ii) an extended
4benefit period would be in effect if clause (b) of paragraph
5(2) of subsection A of this Section were applied by
6substituting "8%" for "6.5%".
7    3. Notwithstanding paragraphs 1 and 2 of this subsection F,
8and if the benefit year of an individual ends within an
9extended benefit period, the remaining balance of extended
10benefits that the individual would, but for this subsection F,
11be otherwise entitled to receive in that extended benefit
12period, for weeks of unemployment beginning after the end of
13the benefit year, shall be reduced (but not below zero) by the
14product of the number of weeks for which the individual
15received any amounts as trade readjustment allowances as
16defined in the federal Trade Act of 1974 within that benefit
17year multiplied by his weekly benefit amount for extended
18benefits.
19    G. 1. A claims adjudicator shall examine the first claim
20    filed by an individual with respect to his eligibility
21    period and, on the basis of the information in his
22    possession, shall make an "extended benefits finding".
23    Such finding shall state whether or not the individual has
24    met the requirement of subsection B(1), is an exhaustee
25    and, if he is, his weekly extended benefit amount and the
26    maximum total amount of extended benefits to which he is

 

 

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1    entitled. The claims adjudicator shall promptly notify the
2    individual of his "extended benefits finding", and shall
3    promptly notify the individual's most recent employing
4    unit and the individual's last employer (referred to in
5    Section 1502.1) that the individual has filed a claim for
6    extended benefits. The claims adjudicator may reconsider
7    his "extended benefits finding" at any time within one year
8    after the close of the individual's eligibility period, and
9    shall promptly notify the individual of such reconsidered
10    finding. All of the provisions of this Act applicable to
11    reviews from findings or reconsidered findings made
12    pursuant to Sections 701 and 703 which are not inconsistent
13    with the provisions of this subsection shall be applicable
14    to reviews from extended benefits findings and
15    reconsidered extended benefits findings.
16        2. If, pursuant to the reconsideration or appeal with
17    respect to a "finding", referred to in paragraph 3 of
18    subsection C, an exhaustee is found to be entitled to more
19    regular benefits and, by reason thereof, is entitled to
20    more extended benefits, the claims adjudicator shall make a
21    reconsidered extended benefits finding and shall promptly
22    notify the exhaustee thereof.
23    H. Whenever an extended benefit period is to begin in this
24State because there is a State "on" indicator, or whenever an
25extended benefit period is to end in this State because there
26is a State "off" indicator, the Director shall make an

 

 

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1appropriate public announcement.
2    I. Computations required by the provisions of paragraph 4
3of subsection A shall be made by the Director in accordance
4with regulations prescribed by the United States Secretary of
5Labor, or other appropriate Federal agency.
6    J. 1. Interstate Benefit Payment Plan means the plan
7    approved by the Interstate Conference of Employment
8    Security Agencies under which benefits shall be payable to
9    unemployed individuals absent from the state (or states) in
10    which benefit credits have been accumulated.
11        2. An individual who commutes from his state of
12    residence to work in another state and continues to reside
13    in such state of residence while filing his claim for
14    unemployment insurance under this Section of the Act shall
15    not be considered filing a claim under the Interstate
16    Benefit Payment Plan so long as he files his claim in and
17    continues to report to the employment office under the
18    regulations applicable to intrastate claimants in the
19    state in which he was so employed.
20        3. "State" when used in this subsection includes States
21    of the United States of America, the District of Columbia,
22    Puerto Rico and the Virgin Islands. For purposes of this
23    subsection, the term "state" shall also be construed to
24    include Canada.
25        4. Notwithstanding any other provision of this Act, an
26    individual shall be eligible for a maximum of 2 weeks of

 

 

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1    benefits payable under this Section after he files his
2    initial claim for extended benefits in an extended benefit
3    period, as defined in paragraph 1 of subsection A, under
4    the Interstate Benefit Payment Plan unless there also
5    exists an extended benefit period, as defined in paragraph
6    1 of subsection A, in the state where such claim is filed.
7    Such maximum eligibility shall continue as long as the
8    individual continues to file his claim under the Interstate
9    Benefit Payment Plan, notwithstanding that the individual
10    moves to another state where an extended benefit period
11    exists and files for weeks prior to his initial Interstate
12    claim in that state.
13        5. To assure full tax credit to the employers of this
14    state against the tax imposed by the Federal Unemployment
15    Tax Act, the Director shall take any action or issue any
16    regulations necessary in the administration of this
17    subsection to insure that its provisions are so interpreted
18    and applied as to meet the requirements of such Federal Act
19    as interpreted by the United States Secretary of Labor or
20    other appropriate Federal agency.
21    K. 1. Notwithstanding any other provisions of this Act, an
22    individual shall be ineligible for the payment of extended
23    benefits for any week of unemployment in his eligibility
24    period if the Director finds that during such period:
25            a. he failed to accept any offer of suitable work
26        (as defined in paragraph 3 below) or failed to apply

 

 

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1        for any suitable work to which he was referred by the
2        Director; or
3            b. he failed to actively engage in seeking work as
4        prescribed under paragraph 5 below.
5        2. Any individual who has been found ineligible for
6    extended benefits by reason of the provisions of paragraph
7    1 of this subsection shall be denied benefits beginning
8    with the first day of the week in which such failure has
9    occurred and until he has been employed in each of 4
10    subsequent weeks (whether or not consecutive) and has
11    earned remuneration equal to at least 4 times his weekly
12    benefit amount.
13        3. For purposes of this subsection only, the term
14    "suitable work" means, with respect to any individual, any
15    work which is within such individual's capabilities,
16    provided, however, that the gross average weekly
17    remuneration payable for the work:
18            a. must exceed the sum of (i) the individual's
19        extended weekly benefit amount as determined under
20        subsection E above plus (ii) the amount, if any, of
21        supplemental unemployment benefits (as defined in
22        Section 501(c)(17)(D) of the Internal Revenue Code of
23        1954) payable to such individual for such week; and
24        further,
25            b. is not less than the higher of --
26                (i) the minimum wage provided by Section 6

 

 

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1            (a)(1) of the Fair Labor Standards Act of 1938,
2            without regard to any exemption; or
3                (ii) the applicable state or local minimum
4            wage;
5            c. provided, however, that no individual shall be
6        denied extended benefits for failure to accept an offer
7        of or apply for any job which meets the definition of
8        suitability as described above if:
9                (i) the position was not offered to such
10            individual in writing or was not listed with the
11            employment service;
12                (ii) such failure could not result in a denial
13            of benefits under the definition of suitable work
14            for regular benefits claimants in Section 603 to
15            the extent that the criteria of suitability in that
16            Section are not inconsistent with the provisions
17            of this paragraph 3;
18                (iii) the individual furnishes satisfactory
19            evidence to the Director that his prospects for
20            obtaining work in his customary occupation within
21            a reasonably short period are good. If such
22            evidence is deemed satisfactory for this purpose,
23            the determination of whether any work is suitable
24            with respect to such individual shall be made in
25            accordance with the definition of suitable work
26            for regular benefits in Section 603 without regard

 

 

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1            to the definition specified by this paragraph.
2        4. Notwithstanding the provisions of paragraph 3 to the
3    contrary, no work shall be deemed to be suitable work for
4    an individual which does not accord with the labor standard
5    provisions required by Section 3304(a)(5) of the Internal
6    Revenue Code of 1954 and set forth herein under Section 603
7    of this Act.
8        5. For the purposes of subparagraph b of paragraph 1,
9    an individual shall be treated as actively engaged in
10    seeking work during any week if --
11            a. the individual has engaged in a systematic and
12        sustained effort to obtain work during such week, and
13            b. the individual furnishes tangible evidence that
14        he has engaged in such effort during such week.
15        6. The employment service shall refer any individual
16    entitled to extended benefits under this Act to any
17    suitable work which meets the criteria prescribed in
18    paragraph 3.
19        7. Notwithstanding any other provision of this Act, an
20    individual shall not be eligible to receive extended
21    benefits, otherwise payable under this Section, with
22    respect to any week of unemployment in his eligibility
23    period if such individual has been held ineligible for
24    benefits under the provisions of Sections 601, 602 or 603
25    of this Act until such individual had requalified for such
26    benefits by returning to employment and satisfying the

 

 

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1    monetary requalification provision by earning at least his
2    weekly benefit amount.
3        8. In response to the COVID-19 public health emergency,
4    the Director may prescribe such rules as allowed by federal
5    law limiting the work search requirements under subsection
6    K.
7    L. The Governor may, if federal law so allows, elect, in
8writing, to pay individuals, otherwise eligible for extended
9benefits pursuant to this Section, any other federally funded
10unemployment benefits, including but not limited to benefits
11payable pursuant to the federal Supplemental Appropriations
12Act, 2008, as amended, and Public Law 116-136, prior to paying
13them benefits under this Section.
14    M. The provisions of this Section, as revised by this
15amendatory Act of the 96th General Assembly, are retroactive to
16February 22, 2009. The provisions of this amendatory Act of the
1796th General Assembly with regard to subsection L and paragraph
188 of subsection A clarify authority already provided.
19    N. The provisions of this Section, as revised by this
20amendatory Act of the 101st General Assembly, are retroactive
21to March 15, 2020.
22(Source: P.A. 96-30, eff. 6-30-09; 97-1, eff. 3-31-11.)
 
23    (820 ILCS 405/500)  (from Ch. 48, par. 420)
24    Sec. 500. Eligibility for benefits. An unemployed
25individual shall be eligible to receive benefits with respect

 

 

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1to any week only if the Director finds that:
2        A. He has registered for work at and thereafter has
3    continued to report at an employment office in accordance
4    with such regulations as the Director may prescribe, except
5    that the Director may, by regulation, waive or alter either
6    or both of the requirements of this subsection as to
7    individuals attached to regular jobs, and as to such other
8    types of cases or situations with respect to which he finds
9    that compliance with such requirements would be oppressive
10    or inconsistent with the purposes of this Act, provided
11    that no such regulation shall conflict with Section 400 of
12    this Act.
13        B. He has made a claim for benefits with respect to
14    such week in accordance with such regulations as the
15    Director may prescribe.
16        C. He is able to work, and is available for work;
17    provided that during the period in question he was actively
18    seeking work and he has certified such. Whenever requested
19    to do so by the Director, the individual shall, in the
20    manner the Director prescribes by regulation, inform the
21    Department of the places at which he has sought work during
22    the period in question. Nothing in this subsection shall
23    limit the Director's approval of alternate methods of
24    demonstrating an active search for work based on regular
25    reporting to a trade union office.
26            1. If an otherwise eligible individual is unable to

 

 

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1        work or is unavailable for work on any normal workday
2        of the week, he shall be eligible to receive benefits
3        with respect to such week reduced by one-fifth of his
4        weekly benefit amount for each day of such inability to
5        work or unavailability for work. For the purposes of
6        this paragraph, an individual who reports on a day
7        subsequent to his designated report day shall be deemed
8        unavailable for work on his report day if his failure
9        to report on that day is without good cause, and on
10        each intervening day, if any, on which his failure to
11        report is without good cause. As used in the preceding
12        sentence, "report day" means the day which has been
13        designated for the individual to report to file his
14        claim for benefits with respect to any week. This
15        paragraph shall not be construed so as to effect any
16        change in the status of part-time workers as defined in
17        Section 407.
18            2. An individual shall be considered to be
19        unavailable for work on days listed as whole holidays
20        in "An Act to revise the law in relation to promissory
21        notes, bonds, due bills and other instruments in
22        writing," approved March 18, 1874, as amended; on days
23        which are holidays in his religion or faith, and on
24        days which are holidays according to the custom of his
25        trade or occupation, if his failure to work on such day
26        is a result of the holiday. In determining the

 

 

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1        claimant's eligibility for benefits and the amount to
2        be paid him, with respect to the week in which such
3        holiday occurs, he shall have attributed to him as
4        additional earnings for that week an amount equal to
5        one-fifth of his weekly benefit amount for each normal
6        work day on which he does not work because of a holiday
7        of the type above enumerated.
8            3. An individual shall be deemed unavailable for
9        work if, after his separation from his most recent
10        employing unit, he has removed himself to and remains
11        in a locality where opportunities for work are
12        substantially less favorable than those in the
13        locality he has left.
14            4. An individual shall be deemed unavailable for
15        work with respect to any week which occurs in a period
16        when his principal occupation is that of a student in
17        attendance at, or on vacation from, a public or private
18        school.
19            5. Notwithstanding any other provisions of this
20        Act, an individual shall not be deemed unavailable for
21        work or to have failed actively to seek work, nor shall
22        he be ineligible for benefits by reason of the
23        application of the provisions of Section 603, with
24        respect to any week, because he is enrolled in and is
25        in regular attendance at a training course approved for
26        him by the Director:

 

 

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1                (a) but only if, with respect to that week, the
2            individual presents, upon request, to the claims
3            adjudicator referred to in Section 702 a statement
4            executed by a responsible person connected with
5            the training course, certifying that the
6            individual was in full-time attendance at such
7            course during the week. The Director may approve
8            such course for an individual only if he finds that
9            (1) reasonable work opportunities for which the
10            individual is fitted by training and experience do
11            not exist in his locality; (2) the training course
12            relates to an occupation or skill for which there
13            are, or are expected to be in the immediate future,
14            reasonable work opportunities in his locality; (3)
15            the training course is offered by a competent and
16            reliable agency, educational institution, or
17            employing unit; (4) the individual has the
18            required qualifications and aptitudes to complete
19            the course successfully; and (5) the individual is
20            not receiving and is not eligible (other than
21            because he has claimed benefits under this Act) for
22            subsistence payments or similar assistance under
23            any public or private retraining program:
24            Provided, that the Director shall not disapprove
25            such course solely by reason of clause (5) if the
26            subsistence payment or similar assistance is

 

 

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1            subject to reduction by an amount equal to any
2            benefits payable to the individual under this Act
3            in the absence of the clause. In the event that an
4            individual's weekly unemployment compensation
5            benefit is less than his certified training
6            allowance, that person shall be eligible to
7            receive his entire unemployment compensation
8            benefits, plus such supplemental training
9            allowances that would make an applicant's total
10            weekly benefit identical to the original certified
11            training allowance.
12                (b) The Director shall have the authority to
13            grant approval pursuant to subparagraph (a) above
14            prior to an individual's formal admission into a
15            training course. Requests for approval shall not
16            be made more than 30 days prior to the actual
17            starting date of such course. Requests shall be
18            made at the appropriate unemployment office.
19                (c) The Director shall for purposes of
20            paragraph C have the authority to issue a blanket
21            approval of training programs implemented pursuant
22            to the federal Workforce Innovation and
23            Opportunity Act if both the training program and
24            the criteria for an individual's participation in
25            such training meet the requirements of this
26            paragraph C.

 

 

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1                (d) Notwithstanding the requirements of
2            subparagraph (a), the Director shall have the
3            authority to issue blanket approval of training
4            programs implemented under the terms of a
5            collective bargaining agreement.
6            6. Notwithstanding any other provisions of this
7        Act, an individual shall not be deemed unavailable for
8        work or to have failed actively to seek work, nor shall
9        he be ineligible for benefits, by reason of the
10        application of the provisions of Section 603 with
11        respect to any week because he is in training approved
12        under Section 236 (a)(1) of the federal Trade Act of
13        1974, nor shall an individual be ineligible for
14        benefits under the provisions of Section 601 by reason
15        of leaving work voluntarily to enter such training if
16        the work left is not of a substantially equal or higher
17        skill level than the individual's past adversely
18        affected employment as defined under the federal Trade
19        Act of 1974 and the wages for such work are less than
20        80% of his average weekly wage as determined under the
21        federal Trade Act of 1974.
22        D. If his benefit year begins prior to July 6, 1975 or
23    subsequent to January 2, 1982, he has been unemployed for a
24    waiting period of 1 week during such benefit year. If his
25    benefit year begins on or after July 6, 1975, but prior to
26    January 3, 1982, and his unemployment continues for more

 

 

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1    than three weeks during such benefit year, he shall be
2    eligible for benefits with respect to each week of such
3    unemployment, including the first week thereof. An
4    individual shall be deemed to be unemployed within the
5    meaning of this subsection while receiving public
6    assistance as remuneration for services performed on work
7    projects financed from funds made available to
8    governmental agencies for such purpose. No week shall be
9    counted as a week of unemployment for the purposes of this
10    subsection:
11            1. Unless it occurs within the benefit year which
12        includes the week with respect to which he claims
13        payment of benefits, provided that, for benefit years
14        beginning prior to January 3, 1982, this requirement
15        shall not interrupt the payment of benefits for
16        consecutive weeks of unemployment; and provided
17        further that the week immediately preceding a benefit
18        year, if part of one uninterrupted period of
19        unemployment which continues into such benefit year,
20        shall be deemed (for the purpose of this subsection
21        only and with respect to benefit years beginning prior
22        to January 3, 1982, only) to be within such benefit
23        year, as well as within the preceding benefit year, if
24        the unemployed individual would, except for the
25        provisions of the first paragraph and paragraph 1 of
26        this subsection and of Section 605, be eligible for and

 

 

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1        entitled to benefits for such week.
2            2. If benefits have been paid with respect thereto.
3            3. Unless the individual was eligible for benefits
4        with respect thereto except for the requirements of
5        this subsection and of Section 605.
6        D-5. Notwithstanding subsection D, if the individual's
7    benefit year begins on or after March 8, 2020, but prior to
8    the week following the later of (a) the last week of a
9    disaster period established by the Gubernatorial Disaster
10    Proclamation in response to COVID-19, dated March 9, 2020,
11    and any subsequent Gubernatorial Disaster Proclamation in
12    response to COVID-19 or (b) the last week for which federal
13    sharing is provided as authorized by Section 2105 of Public
14    Law 116-136 or any amendment thereto, the individual is not
15    subject to the requirement that the individual be
16    unemployed for a waiting period of one week during such
17    benefit year.
18        E. With respect to any benefit year beginning prior to
19    January 3, 1982, he has been paid during his base period
20    wages for insured work not less than the amount specified
21    in Section 500E of this Act as amended and in effect on
22    October 5, 1980. With respect to any benefit year beginning
23    on or after January 3, 1982, he has been paid during his
24    base period wages for insured work equal to not less than
25    $1,600, provided that he has been paid wages for insured
26    work equal to at least $440 during that part of his base

 

 

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1    period which does not include the calendar quarter in which
2    the wages paid to him were highest.
3        F. During that week he has participated in reemployment
4    services to which he has been referred, including but not
5    limited to job search assistance services, pursuant to a
6    profiling system established by the Director by rule in
7    conformity with Section 303(j)(1) of the federal Social
8    Security Act, unless the Director determines that:
9            1. the individual has completed such services; or
10            2. there is justifiable cause for the claimant's
11        failure to participate in such services.
12        This subsection F is added by this amendatory Act of
13    1995 to clarify authority already provided under
14    subsections A and C in connection with the unemployment
15    insurance claimant profiling system required under
16    subsections (a)(10) and (j)(1) of Section 303 of the
17    federal Social Security Act as a condition of federal
18    funding for the administration of the Unemployment
19    Insurance Act.
20(Source: P.A. 100-477, eff. 9-8-17.)
 
21    (820 ILCS 405/612)  (from Ch. 48, par. 442)
22    Sec. 612. Academic Personnel - Ineligibility between
23academic years or terms.
24    A. Benefits based on wages for services which are
25employment under the provisions of Sections 211.1, 211.2, and

 

 

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1302C shall be payable in the same amount, on the same terms,
2and subject to the same conditions as benefits payable on the
3basis of wages for other services which are employment under
4this Act; except that:
5        1. An individual shall be ineligible for benefits, on
6    the basis of wages for employment in an instructional,
7    research, or principal administrative capacity performed
8    for an institution of higher education, for any week which
9    begins during the period between two successive academic
10    years, or during a similar period between two regular
11    terms, whether or not successive, or during a period of
12    paid sabbatical leave provided for in the individual's
13    contract, if the individual has a contract or contracts to
14    perform services in any such capacity for any institution
15    or institutions of higher education for both such academic
16    years or both such terms.
17        This paragraph 1 shall apply with respect to any week
18    which begins prior to January 1, 1978.
19        2. An individual shall be ineligible for benefits, on
20    the basis of wages for service in employment in any
21    capacity other than those referred to in paragraph 1,
22    performed for an institution of higher learning, for any
23    week which begins after September 30, 1983, during a period
24    between two successive academic years or terms, if the
25    individual performed such service in the first of such
26    academic years or terms and there is a reasonable assurance

 

 

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1    that the individual will perform such service in the second
2    of such academic years or terms.
3        3. An individual shall be ineligible for benefits, on
4    the basis of wages for service in employment in any
5    capacity other than those referred to in paragraph 1,
6    performed for an institution of higher education, for any
7    week which begins after January 5, 1985, during an
8    established and customary vacation period or holiday
9    recess, if the individual performed such service in the
10    period immediately before such vacation period or holiday
11    recess and there is a reasonable assurance that the
12    individual will perform such service in the period
13    immediately following such vacation period or holiday
14    recess.
15    B. Benefits based on wages for services which are
16employment under the provisions of Sections 211.1 and 211.2
17shall be payable in the same amount, on the same terms, and
18subject to the same conditions, as benefits payable on the
19basis of wages for other services which are employment under
20this Act, except that:
21        1. An individual shall be ineligible for benefits, on
22    the basis of wages for service in employment in an
23    instructional, research, or principal administrative
24    capacity performed for an educational institution, for any
25    week which begins after December 31, 1977, during a period
26    between two successive academic years, or during a similar

 

 

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1    period between two regular terms, whether or not
2    successive, or during a period of paid sabbatical leave
3    provided for in the individual's contract, if the
4    individual performed such service in the first of such
5    academic years (or terms) and if there is a contract or a
6    reasonable assurance that the individual will perform
7    service in any such capacity for any educational
8    institution in the second of such academic years (or
9    terms).
10        2. An individual shall be ineligible for benefits, on
11    the basis of wages for service in employment in any
12    capacity other than those referred to in paragraph 1,
13    performed for an educational institution, for any week
14    which begins after December 31, 1977, during a period
15    between two successive academic years or terms, if the
16    individual performed such service in the first of such
17    academic years or terms and there is a reasonable assurance
18    that the individual will perform such service in the second
19    of such academic years or terms.
20        3. An individual shall be ineligible for benefits, on
21    the basis of wages for service in employment in any
22    capacity performed for an educational institution, for any
23    week which begins after January 5, 1985, during an
24    established and customary vacation period or holiday
25    recess, if the individual performed such service in the
26    period immediately before such vacation period or holiday

 

 

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1    recess and there is a reasonable assurance that the
2    individual will perform such service in the period
3    immediately following such vacation period or holiday
4    recess.
5        4. An individual shall be ineligible for benefits on
6    the basis of wages for service in employment in any
7    capacity performed in an educational institution while in
8    the employ of an educational service agency for any week
9    which begins after January 5, 1985, (a) during a period
10    between two successive academic years or terms, if the
11    individual performed such service in the first of such
12    academic years or terms and there is a reasonable assurance
13    that the individual will perform such service in the second
14    of such academic years or terms; and (b) during an
15    established and customary vacation period or holiday
16    recess, if the individual performed such service in the
17    period immediately before such vacation period or holiday
18    recess and there is a reasonable assurance that the
19    individual will perform such service in the period
20    immediately following such vacation period or holiday
21    recess. The term "educational service agency" means a
22    governmental agency or governmental entity which is
23    established and operated exclusively for the purpose of
24    providing such services to one or more educational
25    institutions.
26    C. 1. If benefits are denied to any individual under the

 

 

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1provisions of paragraph 2 of either subsection A or B of this
2Section for any week which begins on or after September 3, 1982
3and such individual is not offered a bona fide opportunity to
4perform such services for the educational institution for the
5second of such academic years or terms, such individual shall
6be entitled to a retroactive payment of benefits for each week
7for which the individual filed a timely claim for benefits as
8determined by the rules and regulations issued by the Director
9for the filing of claims for benefits, provided that such
10benefits were denied solely because of the provisions of
11paragraph 2 of either subsection A or B of this Section.
12    2. If benefits on the basis of wages for service in
13employment in other than an instructional, research, or
14principal administrative capacity performed in an educational
15institution while in the employ of an educational service
16agency are denied to any individual under the provisions of
17subparagraph (a) of paragraph 4 of subsection B and such
18individual is not offered a bona fide opportunity to perform
19such services in an educational institution while in the employ
20of an educational service agency for the second of such
21academic years or terms, such individual shall be entitled to a
22retroactive payment of benefits for each week for which the
23individual filed a timely claim for benefits as determined by
24the rules and regulations issued by the Director for the filing
25of claims for benefits, provided that such benefits were denied
26solely because of subparagraph (a) of paragraph 4 of subsection

 

 

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1B of this Section.
2    D. Notwithstanding any other provision in this Section or
3paragraph 2 of subsection C of Section 500 to the contrary,
4with respect to a week of unemployment beginning on or after
5March 15, 2020, and before December 31, 2020, benefits shall be
6payable to an individual on the basis of wages for employment
7in other than an instructional, research, or principal
8administrative capacity performed for an educational
9institution or an educational service agency under any of the
10circumstances described in this Section, to the extent
11permitted under Section 3304(a)(6) of the Federal Unemployment
12Tax Act, as long as the individual is otherwise eligible for
13benefits.
14(Source: P.A. 87-1178.)
 
15    (820 ILCS 405/1502.4 new)
16    Sec. 1502.4. Benefit charges; COVID-19.
17    A. With respect to any benefits paid for a week of
18unemployment that begins on or after March 15, 2020, and before
19December 31, 2020, and is directly or indirectly attributable
20to COVID-19, notwithstanding any other provisions to the
21contrary an employer that is subject to the payment of
22contributions shall not be chargeable for any benefit charges.
23    B. With respect to any regular benefits paid for a week of
24unemployment that begins on or after March 15, 2020, and before
25December 31, 2020, and is directly or indirectly attributable

 

 

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1to COVID-19, notwithstanding any other provisions to the
2contrary except subsection E, a nonprofit organization that is
3subject to making payments in lieu of contributions shall be
4chargeable for 50% of the benefits paid.
5    C. With respect to any benefits paid for a week of
6unemployment that begins on or after March 15, 2020, and before
7December 31, 2020, and is directly or indirectly attributable
8to COVID-19, notwithstanding any other provisions to the
9contrary except subsection E, the State and any local
10government that is subject to making payments in lieu of
11contributions shall be chargeable for 50% of the benefits paid,
12irrespective of whether the State or local government paid the
13individual who received the benefits wages for insured work
14during the individual's base period.
15    D. Subsections A, B, and C shall only apply to the extent
16that the employer can show that the individual's unemployment
17for the week was directly or indirectly attributable to
18COVID-19.
19    E. No employer shall be chargeable for the week of benefits
20paid to an individual under the provisions of Section 500D-1.
 
21    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
22    Sec. 1505. Adjustment of state experience factor. The state
23experience factor shall be adjusted in accordance with the
24following provisions:
25    A. For calendar years prior to 1988, the state experience

 

 

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1factor shall be adjusted in accordance with the provisions of
2this Act as amended and in effect on November 18, 2011.
3    B. (Blank).
4    C. For calendar year 1988 and each calendar year
5thereafter, for which the state experience factor is being
6determined.
7        1. For every $50,000,000 (or fraction thereof) by which
8    the adjusted trust fund balance falls below the target
9    balance set forth in this subsection, the state experience
10    factor for the succeeding year shall be increased one
11    percent absolute.
12        For every $50,000,000 (or fraction thereof) by which
13    the adjusted trust fund balance exceeds the target balance
14    set forth in this subsection, the state experience factor
15    for the succeeding year shall be decreased by one percent
16    absolute.
17        The target balance in each calendar year prior to 2003
18    is $750,000,000. The target balance in calendar year 2003
19    is $920,000,000. The target balance in calendar year 2004
20    is $960,000,000. The target balance in calendar year 2005
21    and each calendar year thereafter is $1,000,000,000.
22        2. For the purposes of this subsection:
23        "Net trust fund balance" is the amount standing to the
24    credit of this State's account in the unemployment trust
25    fund as of June 30 of the calendar year immediately
26    preceding the year for which a state experience factor is

 

 

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1    being determined.
2        "Adjusted trust fund balance" is the net trust fund
3    balance minus the sum of the benefit reserves for fund
4    building for July 1, 1987 through June 30 of the year prior
5    to the year for which the state experience factor is being
6    determined. The adjusted trust fund balance shall not be
7    less than zero. If the preceding calculation results in a
8    number which is less than zero, the amount by which it is
9    less than zero shall reduce the sum of the benefit reserves
10    for fund building for subsequent years.
11        For the purpose of determining the state experience
12    factor for 1989 and for each calendar year thereafter, the
13    following "benefit reserves for fund building" shall apply
14    for each state experience factor calculation in which that
15    12 month period is applicable:
16            a. For the 12 month period ending on June 30, 1988,
17        the "benefit reserve for fund building" shall be
18        8/104th of the total benefits paid from January 1, 1988
19        through June 30, 1988.
20            b. For the 12 month period ending on June 30, 1989,
21        the "benefit reserve for fund building" shall be the
22        sum of:
23                i. 8/104ths of the total benefits paid from
24            July 1, 1988 through December 31, 1988, plus
25                ii. 4/108ths of the total benefits paid from
26            January 1, 1989 through June 30, 1989.

 

 

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1            c. For the 12 month period ending on June 30, 1990,
2        the "benefit reserve for fund building" shall be
3        4/108ths of the total benefits paid from July 1, 1989
4        through December 31, 1989.
5            d. For 1992 and for each calendar year thereafter,
6        the "benefit reserve for fund building" for the 12
7        month period ending on June 30, 1991 and for each
8        subsequent 12 month period shall be zero.
9        3. Notwithstanding the preceding provisions of this
10    subsection, for calendar years 1988 through 2003, the state
11    experience factor shall not be increased or decreased by
12    more than 15 percent absolute.
13    D. Notwithstanding the provisions of subsection C, the
14adjusted state experience factor:
15        1. Shall be 111 percent for calendar year 1988;
16        2. Shall not be less than 75 percent nor greater than
17    135 percent for calendar years 1989 through 2003; and shall
18    not be less than 75% nor greater than 150% for calendar
19    year 2004 and each calendar year thereafter, not counting
20    any increase pursuant to subsection D-1, D-2, or D-3;
21        3. Shall not be decreased by more than 5 percent
22    absolute for any calendar year, beginning in calendar year
23    1989 and through calendar year 1992, by more than 6%
24    absolute for calendar years 1993 through 1995, by more than
25    10% absolute for calendar years 1999 through 2003 and by
26    more than 12% absolute for calendar year 2004 and each

 

 

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1    calendar year thereafter, from the adjusted state
2    experience factor of the calendar year preceding the
3    calendar year for which the adjusted state experience
4    factor is being determined;
5        4. Shall not be increased by more than 15% absolute for
6    calendar year 1993, by more than 14% absolute for calendar
7    years 1994 and 1995, by more than 10% absolute for calendar
8    years 1999 through 2003 and by more than 16% absolute for
9    calendar year 2004 and each calendar year thereafter, from
10    the adjusted state experience factor for the calendar year
11    preceding the calendar year for which the adjusted state
12    experience factor is being determined;
13        5. Shall be 100% for calendar years 1996, 1997, and
14    1998.
15    D-1. The adjusted state experience factor for each of
16calendar years 2013 through 2015 shall be increased by 5%
17absolute above the adjusted state experience factor as
18calculated without regard to this subsection. The adjusted
19state experience factor for each of calendar years 2016 through
202018 shall be increased by 6% absolute above the adjusted state
21experience factor as calculated without regard to this
22subsection. The increase in the adjusted state experience
23factor for calendar year 2018 pursuant to this subsection shall
24not be counted for purposes of applying paragraph 3 or 4 of
25subsection D to the calculation of the adjusted state
26experience factor for calendar year 2019.

 

 

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1    D-2. (Blank).
2    D-3. The adjusted state experience factor for calendar year
32022 shall be increased by 16% 22% absolute above the adjusted
4state experience factor as calculated without regard to this
5subsection. The increase in the adjusted state experience
6factor for calendar year 2022 pursuant to this subsection shall
7not be counted for purposes of applying paragraph 3 or 4 of
8subsection D to the calculation of the adjusted state
9experience factor for calendar year 2023.
10    E. The amount standing to the credit of this State's
11account in the unemployment trust fund as of June 30 shall be
12deemed to include as part thereof (a) any amount receivable on
13that date from any Federal governmental agency, or as a payment
14in lieu of contributions under the provisions of Sections 1403
15and 1405 B and paragraph 2 of Section 302C, in reimbursement of
16benefits paid to individuals, and (b) amounts credited by the
17Secretary of the Treasury of the United States to this State's
18account in the unemployment trust fund pursuant to Section 903
19of the Federal Social Security Act, as amended, including any
20such amounts which have been appropriated by the General
21Assembly in accordance with the provisions of Section 2100 B
22for expenses of administration, except any amounts which have
23been obligated on or before that date pursuant to such
24appropriation.
25(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
 

 

 

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1    (820 ILCS 405/1506.6)
2    Sec. 1506.6. Surcharge; specified period. For each
3employer whose contribution rate for calendar year 2022 is
4determined pursuant to Section 1500 or 1506.1, in addition to
5the contribution rate established pursuant to Section 1506.3,
6an additional surcharge of 0.325% 0.425% shall be added to the
7contribution rate. The surcharge established by this Section
8shall be due at the same time as other contributions with
9respect to the quarter are due, as provided in Section 1400.
10Payments attributable to the surcharge established pursuant to
11this Section shall be contributions and deposited into the
12clearing account.
13(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
 
14    Section 90. The State Mandates Act is amended by adding
15Section 8.44 as follows:
 
16    (30 ILCS 805/8.44 new)
17    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
18of this Act, no reimbursement by the State is required for the
19implementation of any mandate created by this amendatory Act of
20the 101st General Assembly.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.