Sen. Terry Link
Filed: 3/25/2011
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1 | AMENDMENT TO HOUSE BILL 1030
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2 | AMENDMENT NO. ______. Amend House Bill 1030 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Unemployment Insurance Act is amended by | ||||||
5 | changing Sections 235, 403, 409, 1506.3, and 2100 and by adding | ||||||
6 | Sections 1506.5, and 2108 as follows: | ||||||
7 | (820 ILCS 405/235) (from Ch. 48, par. 345) | ||||||
8 | Sec. 235. The term "wages" does not include:
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9 | A. With respect to calendar years prior to calendar year | ||||||
10 | 2004, the maximum amount includable as "wages" shall be | ||||||
11 | determined pursuant to this Section as in effect on January 1, | ||||||
12 | 2006. That part of the remuneration which,
after remuneration | ||||||
13 | equal to $6,000 with
respect to employment has been paid to an | ||||||
14 | individual by an employer during any
calendar year after 1977 | ||||||
15 | and before 1980, is paid to such individual by such
employer | ||||||
16 | during such calendar year; and that part of the remuneration |
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1 | which,
after remuneration equal to $6,500 with respect to | ||||||
2 | employment has
been paid to an individual by an employer during | ||||||
3 | each calendar year 1980
and 1981, is paid to such individual by | ||||||
4 | such employer during that calendar
year; and that part of the | ||||||
5 | remuneration which, after remuneration equal
to $7,000 with | ||||||
6 | respect to employment has been paid to an individual by an
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7 | employer during the calendar year 1982 is paid to such | ||||||
8 | individual by such
employer during that calendar year.
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9 | With respect to the first calendar quarter of 1983, the | ||||||
10 | term "wages" shall
include only the remuneration paid to an | ||||||
11 | individual by an employer during
such quarter with respect to | ||||||
12 | employment which does not exceed $7,000. With
respect to the | ||||||
13 | three calendar quarters, beginning April 1, 1983, the term
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14 | "wages" shall include only the remuneration paid to an | ||||||
15 | individual by an
employer during such period with respect to | ||||||
16 | employment which when added
to the "wages" (as defined in the | ||||||
17 | preceding sentence) paid to such individual
by such employer | ||||||
18 | during the first calendar quarter of 1983, does not exceed
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19 | $8,000.
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20 | With respect to the calendar year 1984, the term "wages" | ||||||
21 | shall include
only the remuneration paid to an individual by an | ||||||
22 | employer during that period
with respect to employment which | ||||||
23 | does not exceed $8,000; with respect to
calendar years 1985, | ||||||
24 | 1986 and 1987, the term "wages" shall include only the
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25 | remuneration paid to
such individual by such employer during | ||||||
26 | that calendar year with respect to
employment which does not |
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1 | exceed $8,500.
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2 | With respect to the calendar years 1988 through 2003, the | ||||||
3 | term "wages"
shall include only the remuneration paid to an | ||||||
4 | individual by an employer
during that period with respect to | ||||||
5 | employment which does not exceed $9,000.
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6 | With respect to the calendar year 2004,
the term "wages" | ||||||
7 | shall include only the remuneration paid to an
individual by an | ||||||
8 | employer during that period with respect to employment
which | ||||||
9 | does not exceed $9,800.
With respect to the calendar years 2005 | ||||||
10 | through 2009, the term "wages" shall
include only the | ||||||
11 | remuneration paid to an individual by an employer during that
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12 | period with respect to employment which does not exceed the | ||||||
13 | following amounts:
$10,500 with respect to the calendar year | ||||||
14 | 2005; $11,000 with respect to the
calendar year 2006; $11,500 | ||||||
15 | with respect to the calendar year 2007; $12,000
with respect to | ||||||
16 | the calendar year 2008; and $12,300 with respect to the
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17 | calendar
year 2009.
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18 | Except as otherwise provided in subsection A-1, with With | ||||||
19 | respect to the calendar years year 2010 , 2011, 2013, and each | ||||||
20 | calendar year thereafter, the
term "wages" shall include only | ||||||
21 | the remuneration paid to an individual by an
employer during | ||||||
22 | that period with respect to employment which does not exceed
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23 | the sum of the wage base adjustment applicable to that year | ||||||
24 | pursuant to Section
1400.1, plus the maximum amount includable | ||||||
25 | as "wages" pursuant to this
subsection with respect to the | ||||||
26 | immediately preceding calendar year ; for purposes of this |
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1 | sentence, the maximum amount includable as "wages" with respect | ||||||
2 | to calendar year 2013 shall be calculated as though the maximum | ||||||
3 | amount includable as "wages" with respect to calendar year 2012 | ||||||
4 | had been calculated pursuant to this sentence. With respect to | ||||||
5 | calendar year 2012, to offset the loss of revenue to the | ||||||
6 | State's account in the unemployment trust fund with respect to | ||||||
7 | the first quarter of calendar year 2011 as a result of Section | ||||||
8 | 1506.5 and the changes made by this amendatory Act of the 97th | ||||||
9 | General Assembly to Section 1506.3, the term "wages" shall | ||||||
10 | include only the remuneration paid to an individual by an | ||||||
11 | employer during that period with respect to employment which | ||||||
12 | does not exceed $13,560 .
Notwithstanding any provision to the | ||||||
13 | contrary, the maximum amount includable as
"wages" pursuant to | ||||||
14 | this Section shall not be less than $12,300 or greater than
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15 | $12,960 with respect to any calendar year after calendar year | ||||||
16 | 2009 except calendar year 2012 and except as otherwise provided | ||||||
17 | in subsection A-1 .
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18 | The remuneration paid to an
individual by an employer with | ||||||
19 | respect to employment in another State or
States, upon which | ||||||
20 | contributions were required of such employer under an
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21 | unemployment compensation law of such other State or States, | ||||||
22 | shall be
included as a part of the remuneration herein
referred | ||||||
23 | to. For the purposes of this
subsection, any employing unit | ||||||
24 | which succeeds to the organization,
trade, or business, or to | ||||||
25 | substantially all of the assets of another
employing unit, or | ||||||
26 | to the organization, trade, or business, or to
substantially |
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1 | all of the assets of a distinct severable portion of
another | ||||||
2 | employing unit, shall be treated as a single unit with its
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3 | predecessor for the calendar year in which such succession | ||||||
4 | occurs;
any employing unit which is owned or controlled by the | ||||||
5 | same interests
which own or control another employing unit | ||||||
6 | shall be treated as a single
unit with the unit so owned or | ||||||
7 | controlled by such interests for any
calendar year throughout | ||||||
8 | which such ownership or control exists; and, with respect to | ||||||
9 | any trade or business transfer subject to subsection A of | ||||||
10 | Section 1507.1, a transferee, as defined in subsection G of | ||||||
11 | Section 1507.1, shall be treated as a single unit with the | ||||||
12 | transferor, as defined in subsection G of Section 1507.1, for | ||||||
13 | the calendar year in which the transfer occurs. This
subsection | ||||||
14 | applies only to Sections 1400, 1405A, and 1500.
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15 | A-1. If, by March 1, 2013, the payments attributable to the | ||||||
16 | changes to subsection A by this or any subsequent amendatory | ||||||
17 | Act of the 97th General Assembly do not equal or exceed the | ||||||
18 | loss to this State's account in the unemployment trust fund as | ||||||
19 | a result of Section 1506.5 and the changes made to Section | ||||||
20 | 1506.3 by this or any subsequent amendatory Act of the 97th | ||||||
21 | General Assembly, including unrealized interest, then, with | ||||||
22 | respect to calendar year 2013, the term "wages" shall include | ||||||
23 | only the remuneration paid to an individual by an employer | ||||||
24 | during that period with respect to employment which does not | ||||||
25 | exceed $13,560. For purposes of subsection A, if the maximum | ||||||
26 | amount includable as "wages" with respect to calendar year 2013 |
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1 | is $13,560, the maximum amount includable as "wages" with | ||||||
2 | respect to calendar year 2014 shall be calculated as though the | ||||||
3 | maximum amount includable as "wages" with respect to calendar | ||||||
4 | year 2013 had been calculated pursuant to subsection A, without | ||||||
5 | regard to this Section. | ||||||
6 | B. The amount of any payment (including any amount paid by | ||||||
7 | an
employer for insurance or annuities, or into a fund, to | ||||||
8 | provide for any
such payment), made to, or on behalf of, an | ||||||
9 | individual or any of his
dependents under a plan or system | ||||||
10 | established by an employer which makes
provision generally for | ||||||
11 | individuals performing services for him (or for
such | ||||||
12 | individuals generally and their dependents) or for a class or
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13 | classes of such individuals (or for a class or classes of such
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14 | individuals and their dependents), on account of (1)
sickness | ||||||
15 | or accident disability (except those sickness or accident
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16 | disability payments which would be includable as "wages" in | ||||||
17 | Section
3306(b)(2)(A) of the Federal Internal Revenue Code of | ||||||
18 | 1954, in effect on
January 1, 1985, such includable payments to | ||||||
19 | be attributable in such manner
as provided by Section 3306(b) | ||||||
20 | of the Federal Internal Revenue Code of
1954, in effect on | ||||||
21 | January 1, 1985), or (2) medical or hospitalization
expenses in | ||||||
22 | connection with sickness or accident disability, or (3) death.
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23 | C. Any payment made to, or on behalf of, an employee or his
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24 | beneficiary which would be excluded from "wages" by | ||||||
25 | subparagraph (A), (B),
(C), (D), (E), (F) or (G), of Section | ||||||
26 | 3306(b)(5) of the Federal Internal
Revenue Code of 1954, in |
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1 | effect on January 1, 1985.
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2 | D. The amount of any payment on account of sickness or | ||||||
3 | accident
disability, or medical or hospitalization expenses in | ||||||
4 | connection with
sickness or accident disability, made by an | ||||||
5 | employer to, or on behalf
of, an individual performing services | ||||||
6 | for him after the expiration of
six calendar months following | ||||||
7 | the last calendar month in which the
individual performed | ||||||
8 | services for such employer.
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9 | E. Remuneration paid in any medium other than cash by an | ||||||
10 | employing unit
to an individual for service in agricultural | ||||||
11 | labor as defined in Section 214.
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12 | F. The amount of any supplemental payment made by an | ||||||
13 | employer to an
individual performing services for him, other | ||||||
14 | than remuneration for services
performed, under a shared work | ||||||
15 | plan approved by the Director pursuant to
Section 407.1.
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16 | (Source: P.A. 93-634, eff. 1-1-04; 93-676, eff. 6-22-04; | ||||||
17 | 94-301, eff. 1-1-06.)
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18 | (820 ILCS 405/403) (from Ch. 48, par. 403)
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19 | Sec. 403. Maximum total amount of benefits.) A. With | ||||||
20 | respect to
any benefit year beginning prior to September 30, | ||||||
21 | 1979, any otherwise eligible
individual shall be entitled, | ||||||
22 | during such benefit year, to a maximum
total amount of benefits | ||||||
23 | as shall be determined in the manner set forth
in this Act as | ||||||
24 | amended and in effect on November 9, 1977.
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25 | B. With respect to any benefit year beginning on or after |
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1 | September 30,
1979, except as otherwise provided in this | ||||||
2 | Section, any otherwise eligible individual shall be entitled, | ||||||
3 | during such benefit
year, to a maximum total amount of benefits | ||||||
4 | equal to 26 times his or her weekly
benefit amount plus | ||||||
5 | dependents' dependents allowances, or to the total wages for | ||||||
6 | insured
work paid to such individual during the individual's | ||||||
7 | base period, whichever
amount is smaller. With respect to any | ||||||
8 | benefit year beginning in calendar year 2012, any otherwise | ||||||
9 | eligible individual shall be entitled, during such benefit | ||||||
10 | year, to a maximum total amount of benefits equal to 25 times | ||||||
11 | his or her weekly benefit amount plus dependents' allowances, | ||||||
12 | or to the total wages for insured work paid to such individual | ||||||
13 | during the individual's base period, whichever amount is | ||||||
14 | smaller. If the maximum amount includable as "wages" pursuant | ||||||
15 | to Section 235 is $13,560 with respect to calendar year 2013, | ||||||
16 | then, with respect to any benefit year beginning after March | ||||||
17 | 31, 2013 and before April 1, 2014, any otherwise eligible | ||||||
18 | individual shall be entitled, during such benefit year, to a | ||||||
19 | maximum total amount of benefits equal to 25 times his or her | ||||||
20 | weekly benefit amount plus dependents allowances, or to the | ||||||
21 | total wages for insured work paid to such individual during the | ||||||
22 | individual's base period, whichever amount is smaller.
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23 | (Source: P.A. 81-962.)
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24 | (820 ILCS 405/409) (from Ch. 48, par. 409)
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25 | Sec. 409. Extended Benefits.
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1 | A. For the purposes of this Section:
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2 | 1. "Extended benefit period" means a period which | ||||||
3 | begins with
the third week after a week for which there is | ||||||
4 | a State "on" indicator; and
ends with either of the | ||||||
5 | following weeks, whichever occurs later: (1) the
third week | ||||||
6 | after the first week for which there is a
State "off" | ||||||
7 | indicator, or (2) the thirteenth consecutive week of such
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8 | period. No extended benefit period shall begin by reason of | ||||||
9 | a State
"on" indicator before the fourteenth week following | ||||||
10 | the end of a prior
extended benefit period.
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11 | 2. There is a "State 'on' indicator" for a week if (a) | ||||||
12 | the Director
determines, in accordance with the | ||||||
13 | regulations of the United States
Secretary of Labor or | ||||||
14 | other appropriate Federal agency, that for the
period | ||||||
15 | consisting of such week and the immediately preceding | ||||||
16 | twelve
weeks, the rate of insured unemployment (not | ||||||
17 | seasonally adjusted) in
this State (1) equaled or exceeded | ||||||
18 | 5%
and equaled or exceeded 120% of the average of such | ||||||
19 | rates for the corresponding
13-week period ending in each | ||||||
20 | of the preceding 2 calendar years, or (2)
equaled or | ||||||
21 | exceeded 6 percent, or (b) the United States Secretary of | ||||||
22 | Labor determines that (1) the average rate of total | ||||||
23 | unemployment in this State (seasonally adjusted) for the | ||||||
24 | period consisting of the most recent 3 months for which | ||||||
25 | data for all states are published before the close of such | ||||||
26 | week equals or exceeds 6.5%, and (2) the average rate of |
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1 | total unemployment in this State (seasonally adjusted) for | ||||||
2 | the 3-month period referred to in (1) equals or exceeds | ||||||
3 | 110% of such average rate for either (or both) of the | ||||||
4 | corresponding 3-month periods ending in the 2 preceding | ||||||
5 | calendar years. Clause (b) of this paragraph shall only | ||||||
6 | apply to weeks beginning on or after February 22, 2009, | ||||||
7 | through the end of the fourth week ending 3 weeks prior to | ||||||
8 | the last week for which federal sharing is provided as | ||||||
9 | authorized by Section 2005(a) of Public Law 111-5 without | ||||||
10 | regard to Section 2005(c) of Public Law 111-5 and is | ||||||
11 | inoperative as of the end of the last week for which | ||||||
12 | federal sharing is provided as authorized by Section | ||||||
13 | 2005(a) of Public Law 111-5.
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14 | 2.1. With respect to benefits for weeks of unemployment | ||||||
15 | beginning after December 17, 2010, and ending on or before | ||||||
16 | the earlier of the latest date permitted under federal law | ||||||
17 | or the end of the fourth week prior to the last week for | ||||||
18 | which federal sharing is provided as authorized by Section | ||||||
19 | 2005(a) of Public Law 111-5 without regard to Section | ||||||
20 | 2005(c) of Public Law 111-5, the determination of whether | ||||||
21 | there has been a State "on" indicator pursuant to paragraph | ||||||
22 | 2 shall be made as if, in clause (a) of paragraph 2, the | ||||||
23 | phrase "2 calendar years" were "3 calendar years" and as | ||||||
24 | if, in clause (b) of paragraph 2, the word "either" were | ||||||
25 | "any", the word "both" were "all", and the phrase "2 | ||||||
26 | preceding calendar years" were "3 preceding calendar |
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1 | years".
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2 | 3. There is a "State 'off' indicator" for a week if | ||||||
3 | there is not a State 'on' indicator for the week pursuant | ||||||
4 | to paragraph 2.
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5 | 4. "Rate of insured unemployment", for the purpose of | ||||||
6 | paragraph
2, means the percentage derived by dividing (a) | ||||||
7 | the average
weekly number of individuals filing claims for | ||||||
8 | "regular benefits" in
this State for weeks of
unemployment | ||||||
9 | with respect to the most recent 13 consecutive week period,
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10 | as determined by the Director on the basis of his reports | ||||||
11 | to the United
States Secretary of Labor or other | ||||||
12 | appropriate Federal agency, by (b)
the average monthly | ||||||
13 | employment covered under this Act for the first four
of the | ||||||
14 | most recent six completed calendar quarters ending before | ||||||
15 | the
close of such 13-week period.
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16 | 5. "Regular benefits" means benefits, other than | ||||||
17 | extended benefits
and additional benefits, payable to an | ||||||
18 | individual (including dependents'
allowances) under this | ||||||
19 | Act or under any other State unemployment
compensation law | ||||||
20 | (including benefits payable to Federal civilian
employees | ||||||
21 | and ex-servicemen pursuant to 5 U.S.C. chapter 85).
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22 | 6. "Extended benefits" means benefits (including | ||||||
23 | benefits payable to
Federal civilian employees and | ||||||
24 | ex-servicemen pursuant to 5 U.S.C.
chapter 85) payable to | ||||||
25 | an individual under the provisions of this
Section for | ||||||
26 | weeks which begin in his eligibility period.
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1 | 7. "Additional benefits" means benefits totally | ||||||
2 | financed by a State
and payable to exhaustees (as defined | ||||||
3 | in subsection C) by reason of
conditions of high | ||||||
4 | unemployment or by reason of other specified factors.
If an | ||||||
5 | individual is eligible to receive extended benefits under | ||||||
6 | the
provisions of this Section and is eligible to receive | ||||||
7 | additional
benefits with respect to the same week under the | ||||||
8 | law of another State,
he may elect to claim either extended | ||||||
9 | benefits or additional benefits
with respect to the week.
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10 | 8. "Eligibility period" means the period consisting of | ||||||
11 | the weeks in
an individual's benefit year which begin in an | ||||||
12 | extended benefit period
and, if his benefit year ends | ||||||
13 | within such extended benefit period, any
weeks thereafter | ||||||
14 | which begin in such period. An individual's eligibility | ||||||
15 | period shall also include such other weeks as federal law | ||||||
16 | may allow.
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17 | 9. Notwithstanding any other provision to the | ||||||
18 | contrary, no employer shall be liable for payments in lieu | ||||||
19 | of contributions pursuant to Section 1404, by reason of the | ||||||
20 | payment of extended
benefits which are wholly reimbursed to | ||||||
21 | this State by the Federal Government or would have been | ||||||
22 | wholly reimbursed to this State by the Federal Government | ||||||
23 | if the employer had paid all of the claimant's wages during | ||||||
24 | the applicable base period.
Extended benefits shall not | ||||||
25 | become benefit
charges under Section 1501.1 if they are | ||||||
26 | wholly reimbursed to this State by the Federal Government |
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1 | or would have been wholly reimbursed to this State by the | ||||||
2 | Federal Government if the employer had paid all of the | ||||||
3 | claimant's wages during the applicable base period. For | ||||||
4 | purposes of this paragraph, extended benefits will be | ||||||
5 | considered to be wholly reimbursed by the Federal | ||||||
6 | Government notwithstanding the operation of Section | ||||||
7 | 204(a)(2)(D) of the Federal-State Extended Unemployment | ||||||
8 | Compensation Act of 1970.
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9 | B. An individual shall be eligible to receive extended | ||||||
10 | benefits
pursuant to this Section for any week which begins in | ||||||
11 | his eligibility
period if, with respect to such week (1) he has | ||||||
12 | been paid wages for insured
work during his base period equal | ||||||
13 | to at least 1 1/2 times the wages paid
in that calendar quarter | ||||||
14 | of his base period in which such wages were highest; (2) he has | ||||||
15 | met the requirements of Section 500E
of this Act; (3) he is an | ||||||
16 | exhaustee; and (4) except when the result
would be inconsistent | ||||||
17 | with the provisions of this
Section, he has satisfied the | ||||||
18 | requirements of this Act for the receipt
of regular benefits.
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19 | C. An individual is an exhaustee with respect to a week | ||||||
20 | which begins
in his eligibility period if:
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21 | 1. Prior to such week (a) he has received, with respect | ||||||
22 | to his
current benefit year that includes such week, the | ||||||
23 | maximum total amount
of benefits to which he was entitled | ||||||
24 | under the provisions of Section
403B, and all of the | ||||||
25 | regular benefits (including dependents' allowances)
to | ||||||
26 | which he had entitlement (if any) on the basis of wages or |
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1 | employment
under any other State unemployment compensation | ||||||
2 | law; or (b) he has
received all the regular benefits | ||||||
3 | available to him with respect to his
current benefit year | ||||||
4 | that includes such week, under this Act and under
any other | ||||||
5 | State unemployment compensation law, after a cancellation | ||||||
6 | of
some or all of his wage credits or the partial or total | ||||||
7 | reduction of his
regular benefit rights; or (c) his benefit | ||||||
8 | year terminated, and he
cannot meet the qualifying wage | ||||||
9 | requirements of Section 500E of this Act
or the qualifying | ||||||
10 | wage or employment requirements of any other State
| ||||||
11 | unemployment compensation law to establish a new benefit | ||||||
12 | year which
would include such week or, having established a | ||||||
13 | new benefit year that
includes such week, he is ineligible | ||||||
14 | for regular benefits by reason of
Section 607 of this Act | ||||||
15 | or a like provision of any other State
unemployment | ||||||
16 | compensation law; and
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17 | 2. For such week (a) he has no right to benefits or | ||||||
18 | allowances, as
the case may be, under the Railroad | ||||||
19 | Unemployment Insurance Act, or such other
Federal laws as | ||||||
20 | are specified in regulations of the United States
Secretary | ||||||
21 | of Labor or other appropriate Federal agency; and (b) he | ||||||
22 | has
not received and is not seeking benefits under the | ||||||
23 | unemployment
compensation law of Canada, except that if he
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24 | is seeking such benefits and the appropriate agency finally | ||||||
25 | determines
that he is not entitled to benefits under such | ||||||
26 | law, this clause shall
not apply.
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1 | 3. For the purposes of clauses (a) and (b) of paragraph | ||||||
2 | 1 of this
subsection, an individual shall be deemed to have | ||||||
3 | received, with respect
to his current benefit year, the | ||||||
4 | maximum total amount of benefits to
which he was entitled | ||||||
5 | or all of the regular benefits to which he had
entitlement, | ||||||
6 | or all of the regular benefits available to him, as the
| ||||||
7 | case may be, even though (a) as a result of a pending | ||||||
8 | reconsideration or
appeal with respect to the "finding" | ||||||
9 | defined in Section 701, or of a
pending appeal with respect | ||||||
10 | to wages or employment or both under any
other State | ||||||
11 | unemployment compensation law, he may subsequently be
| ||||||
12 | determined to be entitled to more regular benefits; or (b) | ||||||
13 | by reason of
a seasonality provision in a State | ||||||
14 | unemployment compensation law which
establishes the weeks | ||||||
15 | of the year for which regular benefits may be paid
to | ||||||
16 | individuals on the basis of wages in seasonal employment he | ||||||
17 | may be
entitled to regular benefits for future weeks but | ||||||
18 | such benefits are not
payable with respect to the week for | ||||||
19 | which he is claiming extended
benefits, provided that he is | ||||||
20 | otherwise an exhaustee under the
provisions of this | ||||||
21 | subsection with respect to his rights to regular
benefits, | ||||||
22 | under such seasonality provision, during the portion of the
| ||||||
23 | year in which that week occurs; or (c) having established a | ||||||
24 | benefit
year, no regular benefits are payable to him with | ||||||
25 | respect to such year
because his wage credits were | ||||||
26 | cancelled or his rights to regular
benefits were totally |
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1 | reduced by reason of the application of a
disqualification | ||||||
2 | provision of a State unemployment compensation law.
| ||||||
3 | D. 1. The provisions of Section 607 and the waiting period
| ||||||
4 | requirements of Section 500D shall not be applicable to any | ||||||
5 | week with
respect to which benefits are otherwise payable | ||||||
6 | under this Section.
| ||||||
7 | 2. An individual shall not cease to be an exhaustee | ||||||
8 | with respect to
any week solely because he meets the | ||||||
9 | qualifying wage requirements of
Section 500E for a part of | ||||||
10 | such week.
| ||||||
11 | E. With respect to any week which begins in his eligibility | ||||||
12 | period,
an exhaustee's "weekly extended benefit amount" shall | ||||||
13 | be the same as his
weekly benefit amount during his benefit | ||||||
14 | year which includes such week or, if
such week is not in a | ||||||
15 | benefit year, during his applicable
benefit year, as defined in | ||||||
16 | regulations issued by the United States
Secretary of Labor or | ||||||
17 | other appropriate Federal agency. If the exhaustee
had more | ||||||
18 | than one weekly benefit amount during
his benefit year, his | ||||||
19 | weekly extended benefit amount with respect to
such week shall | ||||||
20 | be the latest of such weekly benefit amounts.
| ||||||
21 | F. 1. An eligible exhaustee shall be entitled, during any | ||||||
22 | eligibility
period, to a maximum total amount of extended | ||||||
23 | benefits equal to the
lesser of the following amounts:
| ||||||
24 | a. Fifty percent of the maximum total amount of | ||||||
25 | benefits to which he
was entitled under Section 403B during | ||||||
26 | his applicable benefit year;
|
| |||||||
| |||||||
1 | b. Thirteen times his weekly extended benefit amount as | ||||||
2 | determined
under subsection E; or
| ||||||
3 | c. Thirty-nine times his or her average weekly extended | ||||||
4 | benefit amount, reduced by the regular benefits (not | ||||||
5 | including any dependents' allowances) paid to him or her | ||||||
6 | during such benefit year. | ||||||
7 | 2. An eligible exhaustee shall be entitled, during a "high | ||||||
8 | unemployment period", to a maximum total amount of extended | ||||||
9 | benefits equal to the lesser of the following amounts: | ||||||
10 | a. Eighty percent of the maximum total amount of | ||||||
11 | benefits to which he or she was entitled under Section 403B | ||||||
12 | during his or her applicable benefit year; | ||||||
13 | b. Twenty times his or her weekly extended benefit | ||||||
14 | amount as determined under subsection E; or | ||||||
15 | c. Forty-six times his or her average weekly extended | ||||||
16 | benefit amount, reduced by the regular benefits (not | ||||||
17 | including any dependents' allowances) paid to him or her | ||||||
18 | during such benefit year. | ||||||
19 | For purposes of this paragraph, the term "high unemployment | ||||||
20 | period" means any period during which (i) clause (b) of | ||||||
21 | paragraph (2) of subsection A is operative and (ii) an extended | ||||||
22 | benefit period would be in effect if clause (b) of paragraph | ||||||
23 | (2) of subsection A of this Section were applied by | ||||||
24 | substituting "8%" for "6.5%".
| ||||||
25 | 3. Notwithstanding paragraphs 1 and 2 of this subsection F, | ||||||
26 | and if
the benefit year of an individual ends within an |
| |||||||
| |||||||
1 | extended benefit period,
the remaining balance of extended | ||||||
2 | benefits that the individual would, but
for this subsection F, | ||||||
3 | be otherwise entitled to receive in that extended
benefit | ||||||
4 | period, for weeks of unemployment beginning after the end of | ||||||
5 | the
benefit year, shall be reduced (but not below zero) by the | ||||||
6 | product of the
number of weeks for which the individual | ||||||
7 | received any amounts as trade
readjustment allowances as | ||||||
8 | defined in the federal Trade Act of 1974 within
that benefit | ||||||
9 | year multiplied by his weekly benefit amount for extended
| ||||||
10 | benefits.
| ||||||
11 | G. 1. A claims adjudicator shall examine the first claim | ||||||
12 | filed by
an individual with respect to his eligibility | ||||||
13 | period and, on the basis
of the information in his | ||||||
14 | possession, shall make an "extended benefits
finding". | ||||||
15 | Such finding shall state whether or not the individual has | ||||||
16 | met
the requirement of subsection B(1), is an
exhaustee | ||||||
17 | and, if he is, his weekly extended benefit amount and the
| ||||||
18 | maximum total amount of extended benefits to which he is | ||||||
19 | entitled. The
claims adjudicator shall promptly notify the | ||||||
20 | individual of his "extended
benefits finding", and shall | ||||||
21 | promptly notify the individual's most
recent employing | ||||||
22 | unit and the individual's last employer (referred to in | ||||||
23 | Section
1502.1) that the individual has filed a claim for | ||||||
24 | extended benefits. The
claims adjudicator may reconsider | ||||||
25 | his "extended benefits finding" at any time
within one year | ||||||
26 | after the close of the individual's eligibility period, and
|
| |||||||
| |||||||
1 | shall promptly notify the individual of such reconsidered | ||||||
2 | finding. All of the
provisions of this Act applicable to | ||||||
3 | reviews from findings or reconsidered
findings made | ||||||
4 | pursuant to Sections 701 and 703 which are not inconsistent | ||||||
5 | with
the provisions of this subsection shall be applicable | ||||||
6 | to reviews from extended
benefits findings and | ||||||
7 | reconsidered extended benefits findings.
| ||||||
8 | 2. If, pursuant to the reconsideration or appeal with | ||||||
9 | respect to a
"finding", referred to in paragraph 3 of | ||||||
10 | subsection C, an exhaustee is
found to be entitled to more | ||||||
11 | regular benefits and, by reason thereof, is
entitled to | ||||||
12 | more extended benefits, the claims adjudicator shall make a
| ||||||
13 | reconsidered extended benefits finding and shall promptly | ||||||
14 | notify the
exhaustee thereof.
| ||||||
15 | H. Whenever an extended benefit period is to begin in this | ||||||
16 | State because
there is a State "on" indicator, or whenever an | ||||||
17 | extended benefit period is to
end in this State because there | ||||||
18 | is a State "off" indicator, the Director shall
make an | ||||||
19 | appropriate public announcement.
| ||||||
20 | I. Computations required by the provisions of paragraph 4 | ||||||
21 | of subsection A
shall be made by the Director in accordance | ||||||
22 | with regulations prescribed by the
United States Secretary of | ||||||
23 | Labor, or other appropriate Federal agency.
| ||||||
24 | J. 1. Interstate Benefit Payment Plan means the plan | ||||||
25 | approved by
the Interstate Conference of Employment | ||||||
26 | Security Agencies under which benefits
shall be payable to |
| |||||||
| |||||||
1 | unemployed individuals absent from the state (or states)
in | ||||||
2 | which benefit credits have been accumulated.
| ||||||
3 | 2. An individual who commutes from his state of | ||||||
4 | residence to work in
another state and continues to reside | ||||||
5 | in such state of residence while filing
his claim for | ||||||
6 | unemployment insurance under this Section of the Act shall | ||||||
7 | not be
considered filing a claim under the Interstate | ||||||
8 | Benefit Payment Plan so long as
he files his claim in and | ||||||
9 | continues to report to the employment office under
the | ||||||
10 | regulations applicable to intrastate claimants in the | ||||||
11 | state in which he was
so employed.
| ||||||
12 | 3. "State" when used in this subsection includes States | ||||||
13 | of the United
States of America, the District of Columbia, | ||||||
14 | Puerto Rico and the Virgin
Islands. For purposes of this | ||||||
15 | subsection, the term "state" shall also be
construed to | ||||||
16 | include Canada.
| ||||||
17 | 4. Notwithstanding any other provision of this Act, an | ||||||
18 | individual shall be eligible for a
maximum of 2 weeks of | ||||||
19 | benefits payable under this Section after he files
his | ||||||
20 | initial claim for extended benefits in an extended benefit | ||||||
21 | period, as
defined in paragraph 1 of subsection A, under | ||||||
22 | the Interstate Benefit Payment
Plan unless there also | ||||||
23 | exists an extended benefit period, as defined in
paragraph | ||||||
24 | 1 of subsection A, in the state where such claim is filed. | ||||||
25 | Such
maximum eligibility shall continue as long as the | ||||||
26 | individual continues to
file his claim under the Interstate |
| |||||||
| |||||||
1 | Benefit Payment Plan, notwithstanding
that the individual | ||||||
2 | moves to another state where an extended benefit period
| ||||||
3 | exists and files for weeks prior to his initial Interstate | ||||||
4 | claim in that state.
| ||||||
5 | 5. To assure full tax credit to the employers of this | ||||||
6 | state against the
tax imposed by the Federal Unemployment | ||||||
7 | Tax Act, the Director shall take
any action or issue any | ||||||
8 | regulations necessary in the administration of this
| ||||||
9 | subsection to insure that its provisions are so interpreted | ||||||
10 | and applied
as to meet the requirements of such Federal Act | ||||||
11 | as interpreted by the United
States Secretary of Labor or | ||||||
12 | other appropriate Federal agency.
| ||||||
13 | K. 1. Notwithstanding any other provisions of this Act, an | ||||||
14 | individual
shall be ineligible for the payment of extended | ||||||
15 | benefits for any week of
unemployment in his eligibility | ||||||
16 | period if the Director finds that during such
period:
| ||||||
17 | a. he failed to accept any offer of suitable work | ||||||
18 | (as defined in
paragraph 3 below) or failed to apply | ||||||
19 | for any suitable work to which he was
referred by the | ||||||
20 | Director; or
| ||||||
21 | b. he failed to actively engage in seeking work as | ||||||
22 | prescribed under
paragraph 5 below.
| ||||||
23 | 2. Any individual who has been found ineligible for | ||||||
24 | extended benefits
by reason of the provisions of paragraph | ||||||
25 | 1 of this subsection shall be denied
benefits beginning | ||||||
26 | with the first day of the week in which such failure
has |
| |||||||
| |||||||
1 | occurred and until he has been employed in each of 4 | ||||||
2 | subsequent weeks
(whether or not consecutive) and has | ||||||
3 | earned remuneration equal to at least
4 times his weekly | ||||||
4 | benefit amount.
| ||||||
5 | 3. For purposes of this subsection only, the term | ||||||
6 | "suitable work" means,
with respect to any individual, any | ||||||
7 | work which is within such individual's
capabilities, | ||||||
8 | provided, however, that the gross average weekly | ||||||
9 | remuneration
payable for the work:
| ||||||
10 | a. must exceed the sum of (i) the individual's | ||||||
11 | extended weekly benefit amount as determined under
| ||||||
12 | subsection E above plus
(ii) the amount, if any, of | ||||||
13 | supplemental unemployment benefits (as defined
in | ||||||
14 | Section 501(c)(17)(D) of the Internal Revenue Code of | ||||||
15 | 1954) payable to
such individual for such week; and | ||||||
16 | further,
| ||||||
17 | b. is not less than the higher of --
| ||||||
18 | (i) the minimum wage provided by Section 6 | ||||||
19 | (a)(1) of the Fair Labor
Standards Act of 1938, | ||||||
20 | without regard to any exemption; or
| ||||||
21 | (ii) the applicable state or local minimum | ||||||
22 | wage;
| ||||||
23 | c. provided, however, that no individual shall be | ||||||
24 | denied extended
benefits for failure to accept an offer | ||||||
25 | of or apply for any job which meets the
definition of | ||||||
26 | suitability as described above if:
|
| |||||||
| |||||||
1 | (i) the position was not offered to such | ||||||
2 | individual in writing or was
not listed with the | ||||||
3 | employment service;
| ||||||
4 | (ii) such failure could not result in a denial | ||||||
5 | of benefits under the
definition of suitable work | ||||||
6 | for regular benefits claimants in Section 603
to | ||||||
7 | the extent that the criteria of suitability in that | ||||||
8 | Section are not
inconsistent with the provisions | ||||||
9 | of this paragraph 3;
| ||||||
10 | (iii) the individual furnishes satisfactory | ||||||
11 | evidence to the Director
that his prospects for | ||||||
12 | obtaining work in his customary occupation within | ||||||
13 | a
reasonably short period are good. If such | ||||||
14 | evidence is deemed satisfactory
for this purpose, | ||||||
15 | the determination of whether any work is suitable | ||||||
16 | with
respect to such individual shall be made in | ||||||
17 | accordance with the definition
of suitable work | ||||||
18 | for regular benefits in Section 603 without regard | ||||||
19 | to the
definition specified by this paragraph.
| ||||||
20 | 4. Notwithstanding the provisions of paragraph 3 to the | ||||||
21 | contrary, no work
shall be deemed to be suitable work for | ||||||
22 | an individual which does not accord
with the labor standard | ||||||
23 | provisions required by Section 3304(a)(5) of the
Internal | ||||||
24 | Revenue Code of 1954 and set forth herein under Section 603 | ||||||
25 | of this
Act.
| ||||||
26 | 5. For the purposes of subparagraph b of paragraph 1, |
| |||||||
| |||||||
1 | an individual shall
be treated as actively engaged in | ||||||
2 | seeking work during any week if --
| ||||||
3 | a. the individual has engaged in a systematic and | ||||||
4 | sustained effort to
obtain work during such week, and
| ||||||
5 | b. the individual furnishes tangible evidence that | ||||||
6 | he has engaged in
such effort during such week.
| ||||||
7 | 6. The employment service shall refer any individual | ||||||
8 | entitled to extended
benefits under this Act to any | ||||||
9 | suitable work which meets the criteria
prescribed in | ||||||
10 | paragraph 3.
| ||||||
11 | 7. Notwithstanding any other provision of this Act, an | ||||||
12 | individual shall
not be eligible to receive extended | ||||||
13 | benefits, otherwise payable under this
Section, with | ||||||
14 | respect to any week of unemployment in his eligibility | ||||||
15 | period
if such individual has been held ineligible for | ||||||
16 | benefits under the provisions
of Sections 601, 602 or 603 | ||||||
17 | of this Act until such individual had requalified
for such | ||||||
18 | benefits by returning to employment and satisfying the | ||||||
19 | monetary
requalification provision by earning at least his | ||||||
20 | weekly benefit amount.
| ||||||
21 | L. The Governor may, if federal law so allows, elect, in | ||||||
22 | writing, to pay individuals, otherwise eligible for extended | ||||||
23 | benefits pursuant to this Section, any other federally funded | ||||||
24 | unemployment benefits, including but not limited to benefits | ||||||
25 | payable pursuant to the federal Supplemental Appropriations | ||||||
26 | Act, 2008, as amended, prior to paying them benefits under this |
| |||||||
| |||||||
1 | Section. | ||||||
2 | M. The provisions of this Section, as revised by this | ||||||
3 | amendatory Act of the 96th General Assembly, are retroactive to | ||||||
4 | February 22, 2009. The provisions of this amendatory Act of the | ||||||
5 | 96th General Assembly with regard to subsection L and paragraph | ||||||
6 | 8 of subsection A clarify authority already provided. | ||||||
7 | (Source: P.A. 96-30, eff. 6-30-09.)
| ||||||
8 | (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3)
| ||||||
9 | Sec. 1506.3. Fund building rates - Temporary | ||||||
10 | Administrative Funding.
| ||||||
11 | A. Notwithstanding any other provision of this Act, the | ||||||
12 | following fund
building rates shall be in effect for the | ||||||
13 | following calendar years:
| ||||||
14 | For each employer whose contribution rate for 1988, 1989, | ||||||
15 | 1990, the
first, third, and fourth quarters of 1991, 1992, | ||||||
16 | 1993, 1994, 1995,
and 1997 through 2003 would, in the
absence | ||||||
17 | of this
Section, be 0.2% or higher, a contribution rate which | ||||||
18 | is the sum of such rate
and a fund building rate of 0.4%;
| ||||||
19 | For each employer whose contribution rate for the second | ||||||
20 | quarter of
1991 would, in the absence of this Section, be 0.2% | ||||||
21 | or higher, a
contribution rate which is the sum of such rate | ||||||
22 | and 0.3%;
| ||||||
23 | For each employer whose contribution rate for 1996 would, | ||||||
24 | in the absence of
this Section, be 0.1% or higher, a | ||||||
25 | contribution rate which is the sum of such
rate and 0.4%;
|
| |||||||
| |||||||
1 |
For each employer whose contribution rate for 2004 through | ||||||
2 | 2009 would, in
the
absence
of this Section, be 0.2% or higher, | ||||||
3 | a contribution rate which is the sum of
such rate and the
| ||||||
4 | following: a fund building rate of 0.7% for 2004; a fund | ||||||
5 | building rate of 0.9%
for 2005; a fund
building rate of 0.8% | ||||||
6 | for 2006 and 2007; a fund building rate of 0.6% for 2008;
a | ||||||
7 | fund building
rate of 0.4% for 2009.
| ||||||
8 |
For each employer whose contribution rate for 2010 and any | ||||||
9 | calendar year
thereafter
would, in the absence of this Section, | ||||||
10 | be 0.2% or higher, a contribution rate
which is the sum of
such | ||||||
11 | rate and a fund building rate equal to the sum of the rate | ||||||
12 | adjustment
applicable to that year
pursuant to Section 1400.1, | ||||||
13 | plus the fund building rate in effect pursuant to
this Section | ||||||
14 | for the
immediately preceding calendar year. Notwithstanding | ||||||
15 | any provision to the
contrary, the fund
building rate in effect | ||||||
16 | for any calendar year after calendar year 2009 shall
not be | ||||||
17 | less than 0.4%
or greater than 0.55%.
Notwithstanding any other | ||||||
18 | provision to the contrary, the fund building rate established | ||||||
19 | pursuant to this Section shall not apply with respect to the | ||||||
20 | first quarter of calendar year 2011. The changes made to | ||||||
21 | Section 235 by this amendatory Act of the 97th General Assembly | ||||||
22 | are intended to offset the loss of revenue to the State's | ||||||
23 | account in the unemployment trust fund with respect to the | ||||||
24 | first quarter of calendar year 2011 as a result of Section | ||||||
25 | 1506.5 and the changes made to this Section by this amendatory | ||||||
26 | Act of the 97th General Assembly.
|
| |||||||
| |||||||
1 | Notwithstanding the preceding paragraphs of this Section
| ||||||
2 | or any other provision of this Act, except for the provisions
| ||||||
3 | contained in Section 1500 pertaining to rates applicable
to | ||||||
4 | employers classified under the Standard Industrial
Code,
or | ||||||
5 | another classification system sanctioned by the United States | ||||||
6 | Department
of Labor and prescribed by the Director by rule,
no | ||||||
7 | employer whose total wages for insured work
paid by him during | ||||||
8 | any calendar quarter in 1988 and
any calendar year thereafter | ||||||
9 | are less than $50,000 shall
pay contributions at a rate with | ||||||
10 | respect to such quarter
which exceeds the following: with | ||||||
11 | respect to calendar year
1988, 5%; with respect to 1989 and any | ||||||
12 | calendar year thereafter, 5.4%, plus any penalty contribution | ||||||
13 | rate calculated pursuant to subsection C of Section 1507.1.
| ||||||
14 | Notwithstanding the preceding paragraph of this Section, | ||||||
15 | or any other
provision of this Act, no employer's contribution | ||||||
16 | rate with respect to calendar
years 1993 through 1995 shall | ||||||
17 | exceed 5.4% if the employer ceased operations at
an Illinois | ||||||
18 | manufacturing facility in 1991 and remained closed at that | ||||||
19 | facility
during all of 1992, and the employer in 1993 commits | ||||||
20 | to invest at least
$5,000,000 for the purpose of resuming | ||||||
21 | operations at that facility, and the
employer rehires during | ||||||
22 | 1993 at least 250 of the individuals employed by it at
that | ||||||
23 | facility during the one year period prior to the cessation of | ||||||
24 | its
operations, provided that, within 30 days after the | ||||||
25 | effective date of this
amendatory Act of 1993, the employer | ||||||
26 | makes application to the Department to
have the provisions of |
| |||||||
| |||||||
1 | this paragraph apply to it. The immediately preceding
sentence | ||||||
2 | shall be null and void with respect to an employer which by | ||||||
3 | December
31, 1993 has not satisfied the rehiring requirement | ||||||
4 | specified by this paragraph
or which by December 31, 1994 has | ||||||
5 | not made the investment specified by this
paragraph. All | ||||||
6 | payments attributable to the fund building rate established
| ||||||
7 | pursuant to
this Section with
respect to the fourth quarter of | ||||||
8 | calendar year 2003, the first quarter of
calendar year 2004 and
| ||||||
9 | any calendar quarter thereafter as of the close of which there | ||||||
10 | are either bond
obligations
outstanding pursuant to the | ||||||
11 | Illinois Unemployment Insurance Trust Fund
Financing Act, or | ||||||
12 | bond
obligations anticipated to be outstanding as of either or | ||||||
13 | both of the 2
immediately succeeding
calendar quarters, shall | ||||||
14 | be directed for deposit into the Master Bond Fund. | ||||||
15 | Notwithstanding any other provision of this subsection, no fund | ||||||
16 | building rate shall be added to any penalty contribution rate | ||||||
17 | assessed pursuant to subsection C of Section 1507.1.
| ||||||
18 | B. Notwithstanding any other provision of this Act, for the | ||||||
19 | second
quarter of 1991, the contribution rate of each employer | ||||||
20 | as determined in
accordance with Sections 1500, 1506.1, and | ||||||
21 | subsection A of this Section
shall be equal to the sum of such | ||||||
22 | rate and 0.1%; provided that this
subsection shall not apply to | ||||||
23 | any employer whose rate computed under
Section 1506.1 for such | ||||||
24 | quarter is between 5.1% and 5.3%, inclusive, and
who qualifies | ||||||
25 | for the 5.4% rate ceiling imposed by the last paragraph of
| ||||||
26 | subsection A for such quarter. All payments made pursuant to |
| |||||||
| |||||||
1 | this
subsection shall be deposited in the Employment Security | ||||||
2 | Administrative
Fund established under Section 2103.1 and used | ||||||
3 | for the administration of
this Act.
| ||||||
4 | C. Payments received by the Director which are insufficient | ||||||
5 | to pay the
total contributions due under the Act shall be first | ||||||
6 | applied to satisfy the
amount due pursuant to subsection B.
| ||||||
7 | C-1. Payments received by the Director with respect to the | ||||||
8 | fourth quarter
of
calendar year
2003, the first quarter of | ||||||
9 | calendar year 2004 and any calendar quarter
thereafter as of | ||||||
10 | the close of
which there are either bond obligations | ||||||
11 | outstanding pursuant to the Illinois
Unemployment
Insurance | ||||||
12 | Trust Fund Financing Act, or bond obligations anticipated to be
| ||||||
13 | outstanding as of either or both of the 2 immediately | ||||||
14 | succeeding calendar
quarters, shall, to the extent they are | ||||||
15 | insufficient to pay the total
amount due under the Act with | ||||||
16 | respect to the quarter, be first applied to
satisfy the amount | ||||||
17 | due
with respect to that quarter and attributable to the fund | ||||||
18 | building rate
established pursuant to this
Section. | ||||||
19 | Notwithstanding any other provision to the contrary, with | ||||||
20 | respect to
an employer whose
contribution rate with respect to | ||||||
21 | a quarter subject to this subsection would
have exceeded 5.4%
| ||||||
22 | but for the 5.4% rate ceiling imposed pursuant to subsection A, | ||||||
23 | the amount due
from the
employer with respect to that quarter | ||||||
24 | and attributable to the fund building
rate established
pursuant | ||||||
25 | to subsection A shall equal the amount, if any, by which the | ||||||
26 | amount
due and
attributable to the 5.4% rate exceeds the amount |
| |||||||
| |||||||
1 | that would have been due and
attributable to the
employer's | ||||||
2 | rate determined pursuant to Sections 1500 and 1506.1, without | ||||||
3 | regard
to the fund
building rate established pursuant to | ||||||
4 | subsection A.
| ||||||
5 | D. All provisions of this Act applicable to the collection | ||||||
6 | or refund of
any contribution due under this Act shall be | ||||||
7 | applicable to the collection or
refund of amounts due pursuant | ||||||
8 | to subsection B and amounts directed pursuant
to this Section | ||||||
9 | for deposit into the Master
Bond Fund to the extent
they would | ||||||
10 | not otherwise be considered as contributions.
| ||||||
11 | (Source: P.A. 93-634, eff. 1-1-04; 94-301, eff. 1-1-06.)
| ||||||
12 | (820 ILCS 405/1506.5 new) | ||||||
13 | Sec. 1506.5. Surcharge; specified period. With respect to | ||||||
14 | the first quarter of calendar year 2011, each employer shall | ||||||
15 | pay a surcharge equal to 0.5% of the total wages for insured | ||||||
16 | work subject to the payment of contributions under Sections | ||||||
17 | 234, 235, and 245. The surcharge established by this Section | ||||||
18 | shall be due at the same time as contributions with respect to | ||||||
19 | the first quarter of calendar year 2011 are due, as provided in | ||||||
20 | Section 1400. Notwithstanding any other provision to the | ||||||
21 | contrary, with respect to an employer whose contribution rate | ||||||
22 | with respect to the first quarter of calendar year 2011, | ||||||
23 | calculated without regard to this amendatory Act of the 97th | ||||||
24 | General Assembly, would have exceeded 5.4% but for the 5.4% | ||||||
25 | rate ceiling imposed pursuant to subsection A of Section |
| |||||||
| |||||||
1 | 1506.3, the amount due from the employer with respect to that | ||||||
2 | quarter and attributable to the surcharge established pursuant | ||||||
3 | to this Section shall equal the amount, if any, by which the | ||||||
4 | amount due and attributable to the 5.4% rate exceeds the amount | ||||||
5 | that would have been due and attributable to the employer's | ||||||
6 | rate determined pursuant to Sections 1500 and 1506.1. Payments | ||||||
7 | received by the Director with respect to the first quarter of | ||||||
8 | calendar year 2011 shall, to the extent they are insufficient | ||||||
9 | to pay the total amount due under the Act with respect to the | ||||||
10 | quarter, be first applied to satisfy the amount due with | ||||||
11 | respect to that quarter and attributable to the surcharge | ||||||
12 | established pursuant to this Section. All provisions of this | ||||||
13 | Act applicable to the collection or refund of any contribution | ||||||
14 | due under this Act shall be applicable to the collection or | ||||||
15 | refund of amounts due pursuant to this Section. Interest shall | ||||||
16 | accrue with respect to amounts due pursuant to this Section to | ||||||
17 | the same extent and under the same terms and conditions as | ||||||
18 | provided by Section 1401 with respect to contributions. The | ||||||
19 | changes made to Section 235 by this amendatory Act of the 97th | ||||||
20 | General Assembly are intended to offset the loss of revenue to | ||||||
21 | the State's account in the unemployment trust fund with respect | ||||||
22 | to the first quarter of calendar year 2011 as a result of this | ||||||
23 | Section 1506.5 and the changes made to Section 1506.3 by this | ||||||
24 | amendatory Act of the 97th General Assembly. | ||||||
25 | (820 ILCS 405/2100) (from Ch. 48, par. 660)
|
| |||||||
| |||||||
1 | Sec. 2100. Handling of funds - Bond - Accounts.
| ||||||
2 | A. All contributions
and payments in lieu of contributions | ||||||
3 | collected under this Act, including but
not limited to fund | ||||||
4 | building receipts and receipts attributable to the surcharge | ||||||
5 | established pursuant to Section 1506.5 , together
with any | ||||||
6 | interest thereon; all penalties collected pursuant to this Act; | ||||||
7 | any
property or securities acquired through the use thereof; | ||||||
8 | all moneys advanced
to this State's account in the unemployment | ||||||
9 | trust fund pursuant to the
provisions
of Title XII of the | ||||||
10 | Social Security Act, as amended; all moneys directed for
| ||||||
11 | transfer from the Master Bond Fund or the Title XII Interest | ||||||
12 | Fund to this State's account in the unemployment
trust fund;
| ||||||
13 | all moneys received
from the Federal government as | ||||||
14 | reimbursements pursuant to Section 204 of
the Federal-State | ||||||
15 | Extended Unemployment Compensation Act of 1970, as amended;
all | ||||||
16 | moneys credited to this State's account in the unemployment | ||||||
17 | trust fund
pursuant to Section 903 of the Federal Social | ||||||
18 | Security Act, as amended;
and all earnings of such property or | ||||||
19 | securities and any interest earned
upon any such moneys shall | ||||||
20 | be paid or turned over to and held by the Director,
as | ||||||
21 | ex-officio custodian of
the clearing account, the unemployment | ||||||
22 | trust fund account and the benefit
account, and by the State | ||||||
23 | Treasurer, as ex-officio custodian of the special
| ||||||
24 | administrative account, separate
and apart from all public | ||||||
25 | moneys or funds of this State, as hereinafter
provided. Such | ||||||
26 | moneys shall be administered by the Director exclusively
for |
| |||||||
| |||||||
1 | the purposes of this Act.
| ||||||
2 | No such moneys shall be paid or expended except upon the | ||||||
3 | direction of the
Director in accordance with such regulations | ||||||
4 | as he shall prescribe pursuant
to the provisions of this Act.
| ||||||
5 | The State Treasurer shall be liable on his general official | ||||||
6 | bond for the
faithful performance of his duties in connection | ||||||
7 | with the moneys in the
special administrative account provided | ||||||
8 | for under
this Act. Such liability on his official bond shall | ||||||
9 | exist in addition to
the liability upon any separate bond given | ||||||
10 | by him. All sums recovered for
losses sustained by the account | ||||||
11 | shall be
deposited in that account.
| ||||||
12 | The Director shall be liable on his general official bond | ||||||
13 | for the faithful
performance of his duties in connection with | ||||||
14 | the moneys in the clearing
account, the benefit account and | ||||||
15 | unemployment trust fund account provided
for under this Act. | ||||||
16 | Such liability on his official bond shall exist in
addition to | ||||||
17 | the liability upon any separate bond given by him. All sums
| ||||||
18 | recovered for losses sustained by any one of the accounts shall | ||||||
19 | be deposited
in the account that sustained such loss.
| ||||||
20 | The Treasurer shall maintain for such moneys a special
| ||||||
21 | administrative account. The Director shall
maintain for such | ||||||
22 | moneys 3 separate accounts: a clearing account,
a benefit | ||||||
23 | account and an unemployment trust fund account. All moneys | ||||||
24 | payable
under this Act (except moneys requisitioned from this | ||||||
25 | State's account in
the unemployment trust fund and deposited in | ||||||
26 | the benefit account and moneys directed for deposit into the |
| |||||||
| |||||||
1 | Special Programs Fund provided for under Section 2107), | ||||||
2 | including
but not limited to moneys directed for transfer from | ||||||
3 | the Master
Bond Fund or the Title XII Interest Fund to this | ||||||
4 | State's account in the unemployment trust fund,
upon
receipt | ||||||
5 | thereof by the Director, shall be immediately deposited in the
| ||||||
6 | clearing account;
provided, however, that, except as is | ||||||
7 | otherwise provided in this Section,
interest and penalties | ||||||
8 | shall not be deemed a part of the clearing account
but shall be | ||||||
9 | transferred immediately upon clearance thereof to the special
| ||||||
10 | administrative account ; further provided that an amount not to | ||||||
11 | exceed $90,000,000 in payments attributable to the surcharge | ||||||
12 | established pursuant to Section 1506.5, including any interest | ||||||
13 | thereon, shall not be deemed a part of the clearing account but | ||||||
14 | shall be transferred immediately upon clearance thereof to the | ||||||
15 | Title XII Interest Fund .
| ||||||
16 | After clearance thereof, all other moneys in the clearing | ||||||
17 | account shall
be immediately deposited by the Director with the
| ||||||
18 | Secretary of the Treasury of the United States of America to | ||||||
19 | the credit
of the account of this State in the unemployment | ||||||
20 | trust fund, established
and maintained pursuant to the Federal | ||||||
21 | Social Security Act, as amended,
except fund building receipts, | ||||||
22 | which shall be deposited into the Master Bond
Fund.
The benefit | ||||||
23 | account shall consist of all moneys requisitioned from this
| ||||||
24 | State's account in the unemployment trust fund. The moneys in | ||||||
25 | the benefit
account shall be expended in accordance with | ||||||
26 | regulations prescribed by the
Director and solely for the |
| |||||||
| |||||||
1 | payment of benefits, refunds of contributions,
interest and | ||||||
2 | penalties under the provisions of the Act, the payment of
| ||||||
3 | health insurance in accordance with Section 410 of this Act, | ||||||
4 | and the transfer
or payment of funds to any Federal or State | ||||||
5 | agency pursuant to reciprocal
arrangements entered into by the | ||||||
6 | Director under the provisions of Section
2700E, except that | ||||||
7 | moneys credited to this State's account in the unemployment
| ||||||
8 | trust fund pursuant to Section 903 of the Federal Social | ||||||
9 | Security Act, as
amended, shall be used exclusively as provided | ||||||
10 | in subsection B. For purposes
of this Section only, to the | ||||||
11 | extent allowed by applicable legal
requirements, the
payment of | ||||||
12 | benefits includes but is not limited to the payment of | ||||||
13 | principal on
any bonds issued
pursuant to the Illinois | ||||||
14 | Unemployment Insurance Trust Fund Financing Act,
exclusive of | ||||||
15 | any
interest or administrative expenses in connection with the | ||||||
16 | bonds. The
Director
shall, from time to time, requisition from | ||||||
17 | the unemployment trust fund such
amounts, not exceeding the | ||||||
18 | amounts standing to the State's account therein,
as he deems | ||||||
19 | necessary solely for the payment of such benefits, refunds,
and | ||||||
20 | funds, for a reasonable future period. The Director, as | ||||||
21 | ex-officio
custodian of the benefit account, which shall be | ||||||
22 | kept separate and apart
from all other public moneys, shall | ||||||
23 | issue his checks for the payment of
such benefits, refunds, | ||||||
24 | health insurance and funds solely from the moneys so
received
| ||||||
25 | into the benefit account. However, after January 1, 1987, no | ||||||
26 | payment check shall
be drawn on such benefit account unless at |
| |||||||
| |||||||
1 | the time of drawing there is
sufficient money in the account to | ||||||
2 | make the payment pay the check . The Director shall
retain in | ||||||
3 | the clearing account
an amount of interest and
penalties equal | ||||||
4 | to the amount of
interest and penalties to be refunded from the | ||||||
5 | benefit account. After
clearance thereof, the amount so | ||||||
6 | retained shall be immediately deposited
by the Director, as are | ||||||
7 | all other moneys in the clearing account,
with the Secretary of | ||||||
8 | the Treasury of the United States. If, at any
time, an | ||||||
9 | insufficient amount of interest and penalties is available for
| ||||||
10 | retention in the clearing account, no refund of interest or | ||||||
11 | penalties
shall be made from the benefit account until a | ||||||
12 | sufficient amount is
available for retention and is so | ||||||
13 | retained, or until the State
Treasurer, upon the direction of | ||||||
14 | the Director, transfers to the Director
a sufficient amount | ||||||
15 | from the special administrative account, for
immediate deposit | ||||||
16 | in the benefit account.
| ||||||
17 | Any balance of moneys requisitioned from the unemployment | ||||||
18 | trust fund
which remains unclaimed or unpaid in the benefit | ||||||
19 | account
after the expiration of the period for which such sums | ||||||
20 | were
requisitioned
shall either be deducted from estimates of | ||||||
21 | and may be utilized for authorized
expenditures during | ||||||
22 | succeeding periods, or, in the discretion of the
Director, | ||||||
23 | shall be redeposited with the Secretary of the Treasury of the
| ||||||
24 | United States to the credit of the State's account in the | ||||||
25 | unemployment
trust fund.
| ||||||
26 | Moneys in the clearing, benefit and special administrative |
| |||||||
| |||||||
1 | accounts
shall not be commingled with other State funds but | ||||||
2 | they shall be
deposited as required by law and maintained in | ||||||
3 | separate accounts on the
books of a savings and loan | ||||||
4 | association or bank.
| ||||||
5 | No bank or savings and loan association shall receive | ||||||
6 | public funds as
permitted by this Section, unless it has | ||||||
7 | complied with the requirements
established pursuant to Section | ||||||
8 | 6 of "An Act relating to certain investments
of public funds by | ||||||
9 | public agencies", approved July 23, 1943, as now or
hereafter
| ||||||
10 | amended.
| ||||||
11 | B. Moneys credited to the account of this State in the | ||||||
12 | unemployment
trust fund by the Secretary of the Treasury of the | ||||||
13 | United States
pursuant to Section 903 of the Social Security | ||||||
14 | Act may be
requisitioned from this State's account and used as | ||||||
15 | authorized by
Section 903. Any interest required to be paid on | ||||||
16 | advances
under Title XII of the Social Security Act shall be | ||||||
17 | paid in a timely manner
and shall not be paid, directly or | ||||||
18 | indirectly, by an equivalent reduction
in contributions or | ||||||
19 | payments in lieu of contributions from amounts in this
State's | ||||||
20 | account in the unemployment trust fund. Such moneys may be
| ||||||
21 | requisitioned and used for the payment of expenses incurred for | ||||||
22 | the
administration of this Act, but only pursuant to a specific
| ||||||
23 | appropriation by the General Assembly and only if the expenses | ||||||
24 | are
incurred and the moneys are requisitioned after the | ||||||
25 | enactment of an
appropriation law which:
| ||||||
26 | 1. Specifies the purpose or purposes for which such |
| |||||||
| |||||||
1 | moneys are
appropriated and the amount or amounts | ||||||
2 | appropriated therefor;
| ||||||
3 | 2. Limits the period within which such moneys may be | ||||||
4 | obligated to a
period ending not more than 2 years after | ||||||
5 | the date of the enactment of
the appropriation law; and
| ||||||
6 | 3. Limits the amount which may be obligated during any | ||||||
7 | fiscal year
to an amount which does not exceed the amount | ||||||
8 | by which (a) the aggregate
of the amounts transferred to | ||||||
9 | the account of this State
pursuant to Section
903 of the | ||||||
10 | Social Security Act exceeds (b) the aggregate of the | ||||||
11 | amounts used
by this State pursuant to
this Act and charged | ||||||
12 | against the amounts transferred to the account of this
| ||||||
13 | State.
| ||||||
14 | For purposes of paragraph (3) above, amounts obligated for
| ||||||
15 | administrative purposes pursuant to an appropriation shall be | ||||||
16 | chargeable
against transferred amounts at the exact time the | ||||||
17 | obligation is entered
into. The appropriation, obligation, and | ||||||
18 | expenditure or other disposition
of money appropriated under | ||||||
19 | this subsection shall be accounted for in
accordance with | ||||||
20 | standards established by the United States Secretary of Labor.
| ||||||
21 | Moneys appropriated as provided herein for the payment of | ||||||
22 | expenses of
administration shall be requisitioned by the | ||||||
23 | Director as needed for the
payment of obligations incurred | ||||||
24 | under such appropriation. Upon
requisition,
such moneys shall | ||||||
25 | be deposited with the State Treasurer, who shall hold
such | ||||||
26 | moneys, as ex-officio custodian thereof, in accordance with the
|
| |||||||
| |||||||
1 | requirements of Section 2103 and, upon the direction of the | ||||||
2 | Director,
shall make payments therefrom pursuant to such | ||||||
3 | appropriation. Moneys so
deposited shall, until expended, | ||||||
4 | remain a part of the unemployment trust
fund and, if any will | ||||||
5 | not be expended, shall be returned promptly to the
account of | ||||||
6 | this State in the unemployment trust fund.
| ||||||
7 | C. The Governor is authorized to apply to the United States
| ||||||
8 | Secretary of Labor for an advance or advances to this State's | ||||||
9 | account in
the unemployment trust fund pursuant to the | ||||||
10 | conditions set forth in
Title XII of the Federal Social | ||||||
11 | Security Act, as amended. The amount of
any such advance may be | ||||||
12 | repaid from this State's account in the
unemployment trust | ||||||
13 | fund. | ||||||
14 | D. The Director shall annually on or before the first day | ||||||
15 | of March report in writing to the Employment Security Advisory | ||||||
16 | Board concerning the deposits into and expenditures from this | ||||||
17 | State's account in the Unemployment Trust Fund.
| ||||||
18 | (Source: P.A. 93-634, eff. 1-1-04; 94-1083, eff. 1-19-07.)
| ||||||
19 | (820 ILCS 405/2108 new) | ||||||
20 | Sec. 2108. Title XII Interest Fund. The Title XII Interest | ||||||
21 | Fund shall be held separate and apart from all public moneys or | ||||||
22 | funds of this State. Payments attributable to the surcharge | ||||||
23 | established pursuant to Section 1506.5 in an amount not to | ||||||
24 | exceed $90,000,000 shall be deposited into the Title XII | ||||||
25 | Interest Fund, together with any moneys that may otherwise be |
| |||||||
| |||||||
1 | directed for deposit into that Fund. No such moneys shall be | ||||||
2 | paid or expended except upon the direction of the Director who, | ||||||
3 | as ex officio custodian of the Title XII Interest Fund, shall | ||||||
4 | expend such moneys only for the payment of interest required to | ||||||
5 | be paid on advances under Title XII of the Social Security Act | ||||||
6 | or for transfer to this State's account in the unemployment | ||||||
7 | trust fund. Any funds remaining in the Title XII Interest Fund | ||||||
8 | after payment of the interest due as of September 30, 2011, on | ||||||
9 | advances under Title XII of the Social Security Act shall be | ||||||
10 | transferred to this State's account in the unemployment trust | ||||||
11 | fund no later than October 31, 2011. | ||||||
12 | Moneys in the Title XII Interest Fund shall not be | ||||||
13 | commingled with other State funds, but they shall be deposited | ||||||
14 | as required by law and maintained in a separate account on the | ||||||
15 | books of a savings and loan association, bank, or other | ||||||
16 | qualified financial institution. All interest earnings on | ||||||
17 | amounts within the Title XII Interest Fund shall accrue to the | ||||||
18 | Title XII Interest Fund. The Director shall be liable on her or | ||||||
19 | his general official bond for the faithful performance of her | ||||||
20 | or his duties in connection with the moneys in the Title XII | ||||||
21 | Interest Fund. Such liability on her or his official bond shall | ||||||
22 | exist in addition to the liability upon any separate bond given | ||||||
23 | by her or him. All sums recovered for losses sustained by the | ||||||
24 | Title XII Interest Fund shall be deposited into the Fund. | ||||||
25 | Section 95. Applicability. Section 1506.5 of the |
| |||||||
| |||||||
1 | Unemployment Insurance Act and the changes made to Section | ||||||
2 | 1506.3 of the Unemployment Insurance Act apply retroactively to | ||||||
3 | January 1, 2011, except that a payment which, as of the | ||||||
4 | effective date of this Act, has already been made with respect | ||||||
5 | to the first quarter of calendar year 2011 pursuant to the | ||||||
6 | Unemployment Insurance Act as in effect immediately prior to | ||||||
7 | the effective date of this Act shall be deposited as required | ||||||
8 | by the Unemployment Insurance Act as in effect immediately | ||||||
9 | prior to the effective date of this Act.
| ||||||
10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.".
|