SB3520 97TH GENERAL ASSEMBLY

LRB097 19356 JLS 64605 b

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.

A BILL FOR

AN ACT concerning employment.

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

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

(820 ILCS 405/220) (from Ch. 48, par. 330)

Sec. 220. A. The term "employment" shall not include service performed prior to 1972 in the employ of this State, or of any political subdivision thereof, or of any wholly owned instrumentality of this State or its political subdivisions.

B. The term "employment" shall not include service, performed after 1971 and before 1978, in the employ of this State or any of its instrumentalities:

1. In an elective position;

2. Of a professional or consulting nature, compensated on a per diem or retainer basis;

3. For a State prison or other State correctional institution, by an inmate of the prison or correctional institution;

4. As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any Federal agency or an agency of this State, by an individual receiving such work-relief or work-training;

5. In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work;

6. Directly for the Illinois State Fair during its active duration (including the week immediately preceding and the week immediately following the Fair);

7. Directly and solely in connection with an emergency, in fire-fighting, snow removal, flood control, control of the effects of wind or flood, and the like, by an individual hired solely for the period of such emergency;

8. In the Illinois National Guard, directly and solely in connection with its summer training camps or during emergencies, by an individual called to duty solely for such purposes.

C. Except as provided in Section 302, the term "employment" shall not include service performed in the employ of a political subdivision or a municipal corporation, or an instrumentality of one or more of the foregoing or of this State and one or more of the foregoing. This subsection shall not apply to service performed after December 31, 1977.

D. The term "employment" shall not include service performed after December 31, 1977:

1. In the employ of a governmental entity referred to in clause (B) of Section 211.1 if such service is performed in the exercise of duties

a. As an elected official;

b. As a member of a legislative body, or a member of the judiciary, of this State or a political subdivision or municipal corporation;

c. As a member of the Illinois National Guard or Air National Guard;

d. As a worker serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency;

e. In a position which, under or pursuant to the laws of this State, is designated as a major nontenured policymaking or advisory position, or as a policymaking position the performance of the duties of which ordinarily does not require more than 8 hours per week.

2. As part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any Federal agency or an agency of this State, or a political subdivision or municipal corporation, by an individual receiving such work-relief or work-training.

3. In a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work.

4. By an inmate of a custodial or penal institution.

E. The term "employment" shall not include service performed on or after January 1, 2002 in the employ of a governmental entity referred to in clause (B) of Section 211.1 if the service is performed in the exercise of duties as an election official or election worker and the amount of remuneration received by the individual during the calendar year for service as an election official or election worker is less than $1,000.

F. The term "employment" shall not include service performed in the employ of an Indian tribe if such service is performed in the exercise of duties:

1. as an elected official;

2. as a member of a legislative body, or a member of the judiciary, of that Indian tribe;

3. as a worker serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency;

4. in a position which, under or pursuant to tribal law, is designated as a major nontenured policymaking or advisory position, or as a policymaking position the performance of the duties of which ordinarily does not require more than 8 hours per week;

5. as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any federal agency or an agency of this State, or a political subdivision or municipal corporation, or an Indian tribe, by an individual receiving such work-relief or work training;

6. in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market, by an individual receiving such rehabilitation or remunerative work;

7. by an inmate of a custodial or penal institution.

G. The term "employment" shall not include service performed after December 31, 2012 in the employ of a governmental entity referred to in clause (B) of Section 211.1 if that service is performed in the exercise of duties as a worker serving on temporary basis as a public safety employee and the amount of remuneration received by the individual during the calendar quarter for that service as a public safety employee is less than $1,000.

1. For purposes of this subsection, "temporary basis" means a part-time worker, as defined in Section 407 of this Act, exempt from eligibility under subparagraph d of paragraph 1 of subsection D of Section 220 of this Act who either:

(a) does not earn wages, as defined in Section 234 of this Act, for 8 of the 12 weeks generally comprising each of the 4 calendar quarters which in turn comprise the base period, as defined in Section 237 of this Act; or

(b) has not accrued hours of service, as defined in Section 211.1 of this Act, in excess of 24 hours per week for 10 of the 12 weeks generally comprising each of the 4 calendar quarters which in turn comprise the base period, as defined in Section 237 of this Act.

2. For purposes of this subsection, "public safety employee" means: a police officer, detective, deputy sheriff, state trooper, investigator inspector, correctional officer, park ranger, firefighter, paramedic, emergency medical technician, or staffing ambulance attendant or operator who performs work including, but not limited to: crime prevention, detection, or enforcement; pursuit, restraint, apprehension, and detention of criminal suspects or convicts; fire prevention, control, mitigation, investigation, or suppression; rescue and medical treatment of fire, crime, or accident victims; service as a volunteer emergency worker, as defined in Section 3 of the Volunteer Emergency Worker Job Protection Act; or service as a disaster service volunteer, as defined in Section 15 of the Local Government Disaster Service Volunteer Act.

(Source: P.A. 92-441, eff. 1-1-02; 92-555, eff. 6-24-02.)

Section 99. Effective date. This Act takes effect on January 1, 2013.