97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3520

 

Introduced 2/8/2012, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/220  from Ch. 48, par. 330

    Amends the Unemployment Insurance Act. Provides that the term "employment" does not include service performed after December 31, 2012 in the employ of certain governmental entities if the service is performed on a temporary basis as a public safety employee and the pay received for the service during the calendar quarter is less than $1,000. Defines terms. Effective January 1, 2013.


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A BILL FOR

 

SB3520LRB097 19356 JLS 64605 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 Section 220 as follows:
 
6    (820 ILCS 405/220)  (from Ch. 48, par. 330)
7    Sec. 220. A. The term "employment" shall not include
8service performed prior to 1972 in the employ of this State, or
9of any political subdivision thereof, or of any wholly owned
10instrumentality of this State or its political subdivisions.
11    B. The term "employment" shall not include service,
12performed after 1971 and before 1978, in the employ of this
13State or any of its instrumentalities:
14        1. In an elective position;
15        2. Of a professional or consulting nature, compensated
16    on a per diem or retainer basis;
17        3. For a State prison or other State correctional
18    institution, by an inmate of the prison or correctional
19    institution;
20        4. As part of an unemployment work-relief or
21    work-training program assisted or financed in whole or in
22    part by any Federal agency or an agency of this State, by
23    an individual receiving such work-relief or work-training;

 

 

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1        5. In a facility conducted for the purpose of carrying
2    out a program of rehabilitation for individuals whose
3    earning capacity is impaired by age or physical or mental
4    deficiency or injury or providing remunerative work for
5    individuals who because of their impaired physical or
6    mental capacity cannot be readily absorbed in the
7    competitive labor market, by an individual receiving such
8    rehabilitation or remunerative work;
9        6. Directly for the Illinois State Fair during its
10    active duration (including the week immediately preceding
11    and the week immediately following the Fair);
12        7. Directly and solely in connection with an emergency,
13    in fire-fighting, snow removal, flood control, control of
14    the effects of wind or flood, and the like, by an
15    individual hired solely for the period of such emergency;
16        8. In the Illinois National Guard, directly and solely
17    in connection with its summer training camps or during
18    emergencies, by an individual called to duty solely for
19    such purposes.
20    C. Except as provided in Section 302, the term "employment"
21shall not include service performed in the employ of a
22political subdivision or a municipal corporation, or an
23instrumentality of one or more of the foregoing or of this
24State and one or more of the foregoing. This subsection shall
25not apply to service performed after December 31, 1977.
26    D. The term "employment" shall not include service

 

 

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1performed after December 31, 1977:
2        1. In the employ of a governmental entity referred to
3    in clause (B) of Section 211.1 if such service is performed
4    in the exercise of duties
5            a. As an elected official;
6            b. As a member of a legislative body, or a member
7        of the judiciary, of this State or a political
8        subdivision or municipal corporation;
9            c. As a member of the Illinois National Guard or
10        Air National Guard;
11            d. As a worker serving on a temporary basis in case
12        of fire, storm, snow, earthquake, flood, or similar
13        emergency;
14            e. In a position which, under or pursuant to the
15        laws of this State, is designated as a major nontenured
16        policymaking or advisory position, or as a
17        policymaking position the performance of the duties of
18        which ordinarily does not require more than 8 hours per
19        week.
20        2. As part of an unemployment work-relief or
21    work-training program assisted or financed in whole or in
22    part by any Federal agency or an agency of this State, or a
23    political subdivision or municipal corporation, by an
24    individual receiving such work-relief or work-training.
25        3. In a facility conducted for the purpose of carrying
26    out a program of rehabilitation for individuals whose

 

 

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1    earning capacity is impaired by age or physical or mental
2    deficiency or injury or providing remunerative work for
3    individuals who because of their impaired physical or
4    mental capacity cannot be readily absorbed in the
5    competitive labor market, by an individual receiving such
6    rehabilitation or remunerative work.
7        4. By an inmate of a custodial or penal institution.
8    E. The term "employment" shall not include service
9performed on or after January 1, 2002 in the employ of a
10governmental entity referred to in clause (B) of Section 211.1
11if the service is performed in the exercise of duties as an
12election official or election worker and the amount of
13remuneration received by the individual during the calendar
14year for service as an election official or election worker is
15less than $1,000.
16    F. The term "employment" shall not include service
17performed in the employ of an Indian tribe if such service is
18performed in the exercise of duties:
19        1. as an elected official;
20        2. as a member of a legislative body, or a member of
21    the judiciary, of that Indian tribe;
22        3. as a worker serving on a temporary basis in case of
23    fire, storm, snow, earthquake, flood, or similar
24    emergency;
25        4. in a position which, under or pursuant to tribal
26    law, is designated as a major nontenured policymaking or

 

 

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1    advisory position, or as a policymaking position the
2    performance of the duties of which ordinarily does not
3    require more than 8 hours per week;
4        5. as part of an unemployment work-relief or
5    work-training program assisted or financed in whole or in
6    part by any federal agency or an agency of this State, or a
7    political subdivision or municipal corporation, or an
8    Indian tribe, by an individual receiving such work-relief
9    or work training;
10        6. in a facility conducted for the purpose of carrying
11    out a program of rehabilitation for individuals whose
12    earning capacity is impaired by age or physical or mental
13    deficiency or injury or providing remunerative work for
14    individuals who because of their impaired physical or
15    mental capacity cannot be readily absorbed in the
16    competitive labor market, by an individual receiving such
17    rehabilitation or remunerative work;
18        7. by an inmate of a custodial or penal institution.
19    G. The term "employment" shall not include service
20performed after December 31, 2012 in the employ of a
21governmental entity referred to in clause (B) of Section 211.1
22if that service is performed in the exercise of duties as a
23worker serving on temporary basis as a public safety employee
24and the amount of remuneration received by the individual
25during the calendar quarter for that service as a public safety
26employee is less than $1,000.

 

 

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1        1. For purposes of this subsection, "temporary basis"
2    means a part-time worker, as defined in Section 407 of this
3    Act, exempt from eligibility under subparagraph d of
4    paragraph 1 of subsection D of Section 220 of this Act who
5    either:
6            (a) does not earn wages, as defined in Section 234
7        of this Act, for 8 of the 12 weeks generally comprising
8        each of the 4 calendar quarters which in turn comprise
9        the base period, as defined in Section 237 of this Act;
10        or
11            (b) has not accrued hours of service, as defined in
12        Section 211.1 of this Act, in excess of 24 hours per
13        week for 10 of the 12 weeks generally comprising each
14        of the 4 calendar quarters which in turn comprise the
15        base period, as defined in Section 237 of this Act.
16        2. For purposes of this subsection, "public safety
17    employee" means: a police officer, detective, deputy
18    sheriff, state trooper, investigator inspector,
19    correctional officer, park ranger, firefighter, paramedic,
20    emergency medical technician, or staffing ambulance
21    attendant or operator who performs work including, but not
22    limited to: crime prevention, detection, or enforcement;
23    pursuit, restraint, apprehension, and detention of
24    criminal suspects or convicts; fire prevention, control,
25    mitigation, investigation, or suppression; rescue and
26    medical treatment of fire, crime, or accident victims;

 

 

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1    service as a volunteer emergency worker, as defined in
2    Section 3 of the Volunteer Emergency Worker Job Protection
3    Act; or service as a disaster service volunteer, as defined
4    in Section 15 of the Local Government Disaster Service
5    Volunteer Act.
6(Source: P.A. 92-441, eff. 1-1-02; 92-555, eff. 6-24-02.)
 
7    Section 99. Effective date. This Act takes effect on
8January 1, 2013.