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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3103 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED: |
| 820 ILCS 405/1502.1 | from Ch. 48, par. 572.1 |
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Amends provisions of the Unemployment Insurance Act concerning an employer's benefit charges. Provides that an employer is not regarded as having caused a claimant to become unemployed by reduction of work offered if: the claimant performed services for the employer in each of the 6 weeks immediately preceding the claimant's current benefit year and those services did not result in the claimant ceasing to be an unemployed individual, and the claimant performed services for the employer in each week of the claimant's current benefit year and those services did not result in the claimant ceasing to be an unemployed individual for more than 2 weeks during the claimant's current benefit year.
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| | A BILL FOR |
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1 | | AN ACT concerning employment.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Unemployment Insurance Act is amended by |
5 | | changing Section 1502.1 as follows: |
6 | | (820 ILCS 405/1502.1) (from Ch. 48, par. 572.1)
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7 | | Sec. 1502.1. Employer's benefit charges.
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8 | | A. Benefit charges which result from payments to any |
9 | | claimant made on or
after July 1, 1989 shall be charged:
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10 | | 1. For benefit years beginning prior to July 1, 1989, |
11 | | to
each employer who paid wages to the claimant during his |
12 | | base period;
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13 | | 2. For benefit years beginning on or after July 1,
1989 |
14 | | but before January 1, 1993, to the later of:
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15 | | a. the last employer prior to the beginning of the |
16 | | claimant's benefit
year:
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17 | | i. from whom the claimant was separated or who, |
18 | | by reduction of work
offered, caused the claimant |
19 | | to become unemployed as defined in Section 239,
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20 | | and,
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21 | | ii. for whom the claimant performed services |
22 | | in employment, on each of
30 days whether or not |
23 | | such days are consecutive, provided that the wages |
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1 | | for
such services were earned during the period |
2 | | from the beginning of the
claimant's base period to |
3 | | the beginning of the claimant's benefit year; but
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4 | | that employer shall not be charged if:
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5 | | (1) the claimant's last separation from |
6 | | that employer was a
voluntary leaving without |
7 | | good cause, as the term is used in Section 601A |
8 | | or
under the circumstances described in |
9 | | paragraphs 1 and 2 of Section 601B; or
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10 | | (2) the claimant's last separation from |
11 | | that employer was a
discharge for misconduct or |
12 | | a felony or theft connected with his work from |
13 | | that
employer, as these terms are used in |
14 | | Section 602; or
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15 | | (3) after his last separation from that |
16 | | employer, prior to the
beginning of his benefit |
17 | | year, the claimant refused to accept an offer |
18 | | of or to
apply for suitable work from that |
19 | | employer without good cause, as these terms
are |
20 | | used in Section 603; or
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21 | | (4) the claimant, following his last |
22 | | separation from that employer,
prior to the |
23 | | beginning of his benefit year, is ineligible or |
24 | | would have
been ineligible under Section 612 if |
25 | | he has or had had base period wages
from the |
26 | | employers to which that Section applies; or
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1 | | (5) the claimant subsequently performed |
2 | | services for at least 30
days for an individual |
3 | | or organization which is not an employer |
4 | | subject to
this Act; or
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5 | | b. the single employer who pays wages to the |
6 | | claimant that allow him
to requalify for benefits after |
7 | | disqualification under Section 601, 602 or 603,
if:
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8 | | i. the disqualifying event occurred prior to |
9 | | the beginning of the
claimant's benefit year, and
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10 | | ii. the requalification occurred after the |
11 | | beginning of the claimant's
benefit year, and
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12 | | iii. even if the 30 day requirement given in |
13 | | this paragraph is not
satisfied; but
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14 | | iv. the requalifying employer shall not be |
15 | | charged if the claimant is
held ineligible with |
16 | | respect to that requalifying employer under |
17 | | Section
601, 602 or 603.
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18 | | 3. For benefit years beginning on or after January 1, |
19 | | 1993, with
respect to each week for which benefits are |
20 | | paid, to the later of:
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21 | | a. the last employer:
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22 | | i. from whom the claimant was separated or who, |
23 | | by reduction of
work offered, caused the claimant |
24 | | to become unemployed as defined in Section
239, and
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25 | | ii. for whom the claimant performed services |
26 | | in employment, on
each of 30 days whether or not |
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1 | | such days are consecutive, provided that the
wages |
2 | | for such services were earned since the beginning |
3 | | of the claimant's
base period; but that employer |
4 | | shall not be charged if:
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5 | | (1) the claimant's separation from that |
6 | | employer was a voluntary
leaving without good |
7 | | cause, as the term is used in Section 601A or |
8 | | under
the circumstances described in |
9 | | paragraphs 1, 2, and 6 of
Section 601B; or
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10 | | (2) the claimant's separation from that |
11 | | employer was a discharge
for misconduct or a |
12 | | felony or theft connected with his work from |
13 | | that
employer, as these terms are used in |
14 | | Section 602; or
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15 | | (3) the claimant refused to accept an |
16 | | offer of or to apply for
suitable work from |
17 | | that employer without good cause, as these |
18 | | terms are
used in Section 603 (but only for |
19 | | weeks following the refusal of work); or
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20 | | (4) the claimant subsequently performed |
21 | | services for at least 30
days for an individual |
22 | | or organization which is not an employer |
23 | | subject to this
Act; or
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24 | | (5) the claimant, following his separation |
25 | | from that employer, is
ineligible or would have |
26 | | been ineligible under Section 612 if he has or |
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1 | | had
had base period wages from the employers to |
2 | | which that Section applies
(but only for the |
3 | | period of ineligibility or potential |
4 | | ineligibility); or
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5 | | b. the single employer who pays wages to the |
6 | | claimant that allow him
to requalify for benefits after |
7 | | disqualification under Section 601, 602, or
603, even |
8 | | if the 30 day requirement given in this paragraph is |
9 | | not
satisfied; but the requalifying employer shall not |
10 | | be charged if the
claimant is held ineligible with |
11 | | respect to that requalifying employer
under Section |
12 | | 601, 602, or 603.
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13 | | B. Whenever a claimant is ineligible pursuant to Section |
14 | | 614 on the
basis of wages paid during his base period, any days |
15 | | on which such wages
were earned shall not be counted in |
16 | | determining whether that claimant
performed services during at |
17 | | least 30 days for the employer that paid such
wages as required |
18 | | by paragraphs 2 and 3 of subsection A.
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19 | | C. If no employer meets the requirements of paragraph 2 or |
20 | | 3 of subsection
A, then no employer will be chargeable for any |
21 | | benefit charges which result
from the payment of benefits to |
22 | | the claimant for that benefit year.
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23 | | D. Notwithstanding the preceding provisions of this |
24 | | Section, no employer
shall be chargeable for any benefit |
25 | | charges which result from the payment of
benefits to any |
26 | | claimant after the effective date of this amendatory Act of
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1 | | 1992 where the claimant's separation from that employer |
2 | | occurred
as a result of his detention, incarceration, or |
3 | | imprisonment under State,
local, or federal law.
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4 | | D-1. Notwithstanding any other provision of this Act, |
5 | | including those affecting finality of benefit charges or rates, |
6 | | an employer shall not be chargeable for any benefit charges |
7 | | which result from the payment of benefits to an individual for |
8 | | any week of unemployment after January 1, 2003,
during the |
9 | | period that the employer's business is closed solely because of |
10 | | the entrance of the employer, one or more of the partners or |
11 | | officers of the employer, or the majority stockholder of the |
12 | | employer into active duty in the Illinois National Guard or the |
13 | | Armed Forces of the United States.
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14 | | D-2. For purposes of subparagraph a of paragraph 3 of |
15 | | subsection A, with respect to benefit years beginning on and |
16 | | after the effective date of this amendatory Act of the 98th |
17 | | General Assembly, an employer shall not be regarded as having |
18 | | caused a claimant to become unemployed by reduction of work |
19 | | offered if (1) the claimant performed services for the employer |
20 | | in each of the 6 weeks immediately preceding the claimant's |
21 | | current benefit year and those services did not result in the |
22 | | claimant ceasing to be an unemployed individual, as defined in |
23 | | Section 239, based upon the weekly benefit amount for the |
24 | | claimant's current benefit year and (2) the claimant has |
25 | | performed services for the employer in each week of the |
26 | | claimant's current benefit year and those services did not |
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1 | | result in the claimant ceasing to be an unemployed individual, |
2 | | as defined in Section 239, for more than 2 weeks during the |
3 | | claimant's current benefit year. |
4 | | E. For the purposes of Sections 302, 409, 701, 1403, 1404, |
5 | | 1405 and
1508.1, last employer means the employer that:
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6 | | 1. is charged for benefit payments which become benefit |
7 | | charges under this
Section, or
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8 | | 2. would have been liable for such benefit charges if |
9 | | it had not elected
to make payments in lieu of |
10 | | contributions.
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11 | | (Source: P.A. 93-634, eff. 1-1-04; 93-1012, eff. 8-24-04; |
12 | | 94-152, eff. 7-8-05.)
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