093_SB2087

 
                                     LRB093 11810 WGH 15864 b

 1        AN ACT concerning unemployment insurance.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Unemployment Insurance Act is amended by
 5    changing Section 220 as follows:

 6        (820 ILCS 405/220) (from Ch. 48, par. 330)
 7        Sec. 220.  A.  The term "employment"  shall  not  include
 8    service  performed prior to 1972 in the employ of this State,
 9    or of any political subdivision thereof,  or  of  any  wholly
10    owned   instrumentality   of  this  State  or  its  political
11    subdivisions.
12        B.  The term  "employment"  shall  not  include  service,
13    performed  after  1971 and before 1978, in the employ of this
14    State or any of its instrumentalities:
15             1.  In an elective position;
16             2.  Of  a   professional   or   consulting   nature,
17        compensated on a per diem or retainer basis;
18             3.  For  a  State prison or other State correctional
19        institution, by an inmate of the prison  or  correctional
20        institution;
21             4.  As   part  of  an  unemployment  work-relief  or
22        work-training program assisted or financed in whole or in
23        part by any Federal agency or an agency of this State, by
24        an   individual    receiving    such    work-relief    or
25        work-training;
26             5.  In  a  facility  conducted  for  the  purpose of
27        carrying out a program of rehabilitation for  individuals
28        whose  earning capacity is impaired by age or physical or
29        mental deficiency or  injury  or  providing  remunerative
30        work  for  individuals  who  because  of  their  impaired
31        physical or mental capacity cannot be readily absorbed in
 
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 1        the  competitive labor market, by an individual receiving
 2        such rehabilitation or remunerative work;
 3             6.  Directly for the Illinois State Fair during  its
 4        active duration (including the week immediately preceding
 5        and the week immediately following the Fair);
 6             7.  Directly   and  solely  in  connection  with  an
 7        emergency, in fire-fighting, snow removal, flood control,
 8        control of the effects of wind or flood, and the like, by
 9        an  individual  hired  solely  for  the  period  of  such
10        emergency;
11             8.  In the Illinois  National  Guard,  directly  and
12        solely  in  connection  with its summer training camps or
13        during emergencies,  by  an  individual  called  to  duty
14        solely for such purposes.
15        C.  Except   as   provided   in  Section  302,  the  term
16    "employment" shall  not  include  service  performed  in  the
17    employ of a political subdivision or a municipal corporation,
18    or  an  instrumentality of one or more of the foregoing or of
19    this State and one or more of the foregoing. This  subsection
20    shall not apply to service performed after December 31, 1977.
21        D.  The  term  "employment"  shall  not  include  service
22    performed after December 31, 1977:
23             1.  In  the employ of a governmental entity referred
24        to in clause (B) of Section  211.1  if  such  service  is
25        performed in the exercise of duties
26                  a.  As an elected official;
27                  b.  As  a  member  of  a legislative body, or a
28             member  of  the  judiciary,  of  this  State  or   a
29             political subdivision or municipal corporation;
30                  c.  As  a member of the Illinois National Guard
31             or Air National Guard;
32                  d.  As a worker serving on a temporary basis in
33             case of fire, storm,  snow,  earthquake,  flood,  or
34             similar emergency;
 
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 1                  e.  In  a  position which, under or pursuant to
 2             the laws of this State, is  designated  as  a  major
 3             nontenured  policymaking or advisory position, or as
 4             a policymaking  position  the   performance  of  the
 5             duties  of  which  ordinarily  does not require more
 6             than 8 hours per week.
 7             2.  As  part  of  an  unemployment  work-relief   or
 8        work-training program assisted or financed in whole or in
 9        part by any Federal agency or an agency of this State, or
10        a  political  subdivision or municipal corporation, by an
11        individual receiving such work-relief or work-training.
12             3.  In a  facility  conducted  for  the  purpose  of
13        carrying  out a program of rehabilitation for individuals
14        whose earning capacity is impaired by age or physical  or
15        mental  deficiency  or  injury  or providing remunerative
16        work  for  individuals  who  because  of  their  impaired
17        physical or mental capacity cannot be readily absorbed in
18        the competitive labor market, by an individual  receiving
19        such rehabilitation or remunerative work.
20             4.  By   an   inmate   of   a   custodial  or  penal
21        institution.
22        E.  The  term  "employment"  shall  not  include  service
23    performed on or after January 1, 2002  in  the  employ  of  a
24    governmental  entity  referred  to  in  clause (B) of Section
25    211.1 if the service is performed in the exercise  of  duties
26    as  an election official or election worker and the amount of
27    remuneration received by the individual during  the  calendar
28    year  for  service as an election official or election worker
29    is less than $1,000.
30        F.  The  term  "employment"  shall  not  include  service
31    performed in the employ of an Indian tribe if such service is
32    performed in the exercise of duties:
33             1.  as an elected official;
34             2.  as a member of a legislative body, or  a  member
 
                            -4-      LRB093 11810 WGH 15864 b
 1        of the judiciary, of that Indian tribe;
 2             3.  as a worker serving on a temporary basis in case
 3        of  fire,  storm,  snow,  earthquake,  flood,  or similar
 4        emergency;
 5             4.  in a position which, under or pursuant to tribal
 6        law, is designated as a major nontenured policymaking  or
 7        advisory  position,  or  as  a  policymaking position the
 8        performance of the duties of which  ordinarily  does  not
 9        require more than 8 hours per week;
10             5.  as   part  of  an  unemployment  work-relief  or
11        work-training program assisted or financed in whole or in
12        part by any federal agency or an agency of this State, or
13        a political subdivision or municipal corporation,  or  an
14        Indian tribe, by an individual receiving such work-relief
15        or work training;
16             6.  in  a  facility  conducted  for  the  purpose of
17        carrying out a program of rehabilitation for  individuals
18        whose  earning capacity is impaired by age or physical or
19        mental deficiency or  injury  or  providing  remunerative
20        work  for  individuals  who  because  of  their  impaired
21        physical or mental capacity cannot be readily absorbed in
22        the  competitive labor market, by an individual receiving
23        such rehabilitation or remunerative work;
24             7.  by  an  inmate   of   a   custodial   or   penal
25        institution.
26        G.  The  term  "employment"  shall  not  include  service
27    performed  by  paid  on  call  personnel of a fire protection
28    district.
29    (Source: P.A. 92-441, eff. 1-1-02; 92-555, eff. 6-24-02.)