102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3733

 

Introduced 2/22/2021, by Rep. Jaime M. Andrade, Jr.

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/235  from Ch. 48, par. 345
820 ILCS 405/402  from Ch. 48, par. 402

    Amends the Unemployment Insurance Act. Provides that amounts paid to an individual by a county board of election commissioners for work performed as a judge of elections on the day of an election governed by the Illinois Election Code at a polling place in any precinct in Illinois is not included within the definition of the term "wages". Provides that an unemployed individual, who is otherwise eligible, shall not be deemed unavailable for work or ineligible solely by reason of the individual's work as a board worker for a county board of elections on an election day.


LRB102 11065 JLS 16397 b

 

 

A BILL FOR

 

HB3733LRB102 11065 JLS 16397 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 Unemployment Insurance Act is amended by
5changing Sections 235 and 402 as follows:
 
6    (820 ILCS 405/235)  (from Ch. 48, par. 345)
7    Sec. 235. The term "wages" does not include:
8    A. With respect to calendar years prior to calendar year
92004, the maximum amount includable as "wages" shall be
10determined pursuant to this Section as in effect on January 1,
112006.
12    With respect to the calendar year 2004, the term "wages"
13shall include only the remuneration paid to an individual by
14an employer during that period with respect to employment
15which does not exceed $9,800. With respect to the calendar
16years 2005 through 2009, the term "wages" shall include only
17the remuneration paid to an individual by an employer during
18that period with respect to employment which does not exceed
19the following amounts: $10,500 with respect to the calendar
20year 2005; $11,000 with respect to the calendar year 2006;
21$11,500 with respect to the calendar year 2007; $12,000 with
22respect to the calendar year 2008; and $12,300 with respect to
23the calendar year 2009.

 

 

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1    With respect to the calendar years 2010, 2011, 2020, and
2each calendar year thereafter, the term "wages" shall include
3only the remuneration paid to an individual by an employer
4during that period with respect to employment which does not
5exceed the sum of the wage base adjustment applicable to that
6year pursuant to Section 1400.1, plus the maximum amount
7includable as "wages" pursuant to this subsection with respect
8to the immediately preceding calendar year. With respect to
9calendar year 2012, to offset the loss of revenue to the
10State's account in the unemployment trust fund with respect to
11the first quarter of calendar year 2011 as a result of Section
121506.5 and the changes made by this amendatory Act of the 97th
13General Assembly to Section 1506.3, the term "wages" shall
14include only the remuneration paid to an individual by an
15employer during that period with respect to employment which
16does not exceed $13,560. Except as otherwise provided in
17subsection A-1, with respect to calendar year 2013, the term
18"wages" shall include only the remuneration paid to an
19individual by an employer during that period with respect to
20employment which does not exceed $12,900. With respect to the
21calendar years 2014 through 2019, the term "wages" shall
22include only the remuneration paid to an individual by an
23employer during that period with respect to employment which
24does not exceed $12,960. Notwithstanding any provision to the
25contrary, the maximum amount includable as "wages" pursuant to
26this Section shall not be less than $12,300 or greater than

 

 

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1$12,960 with respect to any calendar year after calendar year
22009 except calendar year 2012 and except as otherwise
3provided in subsection A-1.
4    The remuneration paid to an individual by an employer with
5respect to employment in another State or States, upon which
6contributions were required of such employer under an
7unemployment compensation law of such other State or States,
8shall be included as a part of the remuneration herein
9referred to. For the purposes of this subsection, any
10employing unit which succeeds to the organization, trade, or
11business, or to substantially all of the assets of another
12employing unit, or to the organization, trade, or business, or
13to substantially all of the assets of a distinct severable
14portion of another employing unit, shall be treated as a
15single unit with its predecessor for the calendar year in
16which such succession occurs; any employing unit which is
17owned or controlled by the same interests which own or control
18another employing unit shall be treated as a single unit with
19the unit so owned or controlled by such interests for any
20calendar year throughout which such ownership or control
21exists; and, with respect to any trade or business transfer
22subject to subsection A of Section 1507.1, a transferee, as
23defined in subsection G of Section 1507.1, shall be treated as
24a single unit with the transferor, as defined in subsection G
25of Section 1507.1, for the calendar year in which the transfer
26occurs. This subsection applies only to Sections 1400, 1405A,

 

 

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1and 1500.
2    A-1. If, by March 1, 2013, the payments attributable to
3the changes to subsection A by this or any subsequent
4amendatory Act of the 97th General Assembly do not equal or
5exceed the loss to this State's account in the unemployment
6trust fund as a result of Section 1506.5 and the changes made
7to Section 1506.3 by this or any subsequent amendatory Act of
8the 97th General Assembly, including unrealized interest,
9then, with respect to calendar year 2013, the term "wages"
10shall include only the remuneration paid to an individual by
11an employer during that period with respect to employment
12which does not exceed $13,560.
13    B. The amount of any payment (including any amount paid by
14an employer for insurance or annuities, or into a fund, to
15provide for any such payment), made to, or on behalf of, an
16individual or any of his dependents under a plan or system
17established by an employer which makes provision generally for
18individuals performing services for him (or for such
19individuals generally and their dependents) or for a class or
20classes of such individuals (or for a class or classes of such
21individuals and their dependents), on account of (1) sickness
22or accident disability (except those sickness or accident
23disability payments which would be includable as "wages" in
24Section 3306(b)(2)(A) of the Federal Internal Revenue Code of
251954, in effect on January 1, 1985, such includable payments
26to be attributable in such manner as provided by Section

 

 

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13306(b) of the Federal Internal Revenue Code of 1954, in
2effect on January 1, 1985), or (2) medical or hospitalization
3expenses in connection with sickness or accident disability,
4or (3) death.
5    C. Any payment made to, or on behalf of, an employee or his
6beneficiary which would be excluded from "wages" by
7subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
83306(b)(5) of the Federal Internal Revenue Code of 1954, in
9effect on January 1, 1985.
10    D. The amount of any payment on account of sickness or
11accident disability, or medical or hospitalization expenses in
12connection with sickness or accident disability, made by an
13employer to, or on behalf of, an individual performing
14services for him after the expiration of six calendar months
15following the last calendar month in which the individual
16performed services for such employer.
17    E. Remuneration paid in any medium other than cash by an
18employing unit to an individual for service in agricultural
19labor as defined in Section 214.
20    F. The amount of any supplemental payment made by an
21employer to an individual performing services for him, other
22than remuneration for services performed, under a shared work
23plan approved by the Director pursuant to Section 407.1.
24    G. Payment to an individual by a county board of election
25commissioners for work performed as a judge of elections on
26the day of an election governed by the Illinois Election Code

 

 

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1at a polling place in any precinct in Illinois.
2(Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11.)
 
3    (820 ILCS 405/402)  (from Ch. 48, par. 402)
4    Sec. 402. Reduced weekly benefits. Each eligible
5individual who is unemployed in any week, as defined in
6Section 239, shall be paid, with respect to such week, a
7benefit in an amount equal to his weekly benefit amount (plus
8dependents' allowances) less that part of wages (if any)
9payable to him with respect to such week which is in excess of
1050% of his weekly benefit amount, provided that such benefit
11for any benefit week shall be reduced by: (1) the amount of any
12holiday pay which the individual is entitled to receive, and
13receives, for any workday in such week, and (2) the amount of
14any vacation wages allocated to such week by the individual's
15employer pursuant to Section 610 of this Act, and (3)
16one-fifth of the weekly benefit amount for each normal workday
17during which such individual is unable to work or unavailable
18for work, and provided, further, that this subsection shall
19not be construed so as to effect any change in the status of
20part-time workers as defined in Section 407. An unemployed
21individual, who is otherwise eligible, shall not be deemed
22unavailable for work or ineligible solely by reason of the
23individual's work as a board worker for a county board of
24elections on an election day. Such benefit, if not a multiple
25of $1, shall be computed to the next higher multiple of $1.

 

 

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1(Source: P.A. 82-22.)