HB6090 96TH GENERAL ASSEMBLY


 


 
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6090

 

Introduced 2/11/2010, by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/612   from Ch. 48, par. 442

    Amends the Unemployment Insurance Act. Provides that an individual is ineligible for benefits on the basis of wages for service for a municipality as a school crossing guard between 2 successive academic years or terms or during a vacation period or holiday recess if the individual performed the service in the first of the academic years or terms or before the vacation period or holiday recess and there is a reasonable assurance that the individual will perform the service in the second of the academic years or terms or after the vacation period or holiday recess, subject to specified exceptions. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning employment.
 
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 612 as follows:
 
6     (820 ILCS 405/612)  (from Ch. 48, par. 442)
7     Sec. 612. Academic Personnel; crossing guards -
8 Ineligibility between academic years or terms.
9     A. Benefits based on wages for services which are
10 employment under the provisions of Sections 211.1, 211.2, and
11 302C shall be payable in the same amount, on the same terms,
12 and subject to the same conditions as benefits payable on the
13 basis of wages for other services which are employment under
14 this Act; except that:
15         1. An individual shall be ineligible for benefits, on
16     the basis of wages for employment in an instructional,
17     research, or principal administrative capacity performed
18     for an institution of higher education, for any week which
19     begins during the period between two successive academic
20     years, or during a similar period between two regular
21     terms, whether or not successive, or during a period of
22     paid sabbatical leave provided for in the individual's
23     contract, if the individual has a contract or contracts to

 

 

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1     perform services in any such capacity for any institution
2     or institutions of higher education for both such academic
3     years or both such terms.
4         This paragraph 1 shall apply with respect to any week
5     which begins prior to January 1, 1978.
6         2. An individual shall be ineligible for benefits, on
7     the basis of wages for service in employment in any
8     capacity other than those referred to in paragraph 1,
9     performed for an institution of higher learning, for any
10     week which begins after September 30, 1983, during a period
11     between two successive academic years or terms, if the
12     individual performed such service in the first of such
13     academic years or terms and there is a reasonable assurance
14     that the individual will perform such service in the second
15     of such academic years or terms.
16         3. An individual shall be ineligible for benefits, on
17     the basis of wages for service in employment in any
18     capacity other than those referred to in paragraph 1,
19     performed for an institution of higher education, for any
20     week which begins after January 5, 1985, during an
21     established and customary vacation period or holiday
22     recess, if the individual performed such service in the
23     period immediately before such vacation period or holiday
24     recess and there is a reasonable assurance that the
25     individual will perform such service in the period
26     immediately following such vacation period or holiday

 

 

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1     recess.
2     B. Benefits based on wages for services which are
3 employment under the provisions of Sections 211.1 and 211.2
4 shall be payable in the same amount, on the same terms, and
5 subject to the same conditions, as benefits payable on the
6 basis of wages for other services which are employment under
7 this Act, except that:
8         1. An individual shall be ineligible for benefits, on
9     the basis of wages for service in employment in an
10     instructional, research, or principal administrative
11     capacity performed for an educational institution, for any
12     week which begins after December 31, 1977, during a period
13     between two successive academic years, or during a similar
14     period between two regular terms, whether or not
15     successive, or during a period of paid sabbatical leave
16     provided for in the individual's contract, if the
17     individual performed such service in the first of such
18     academic years (or terms) and if there is a contract or a
19     reasonable assurance that the individual will perform
20     service in any such capacity for any educational
21     institution in the second of such academic years (or
22     terms).
23         2. An individual shall be ineligible for benefits, on
24     the basis of wages for service in employment in any
25     capacity other than those referred to in paragraph 1,
26     performed for an educational institution, for any week

 

 

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1     which begins after December 31, 1977, during a period
2     between two successive academic years or terms, if the
3     individual performed such service in the first of such
4     academic years or terms and there is a reasonable assurance
5     that the individual will perform such service in the second
6     of such academic years or terms.
7         3. An individual shall be ineligible for benefits, on
8     the basis of wages for service in employment in any
9     capacity performed for an educational institution, for any
10     week which begins after January 5, 1985, during an
11     established and customary vacation period or holiday
12     recess, if the individual performed such service in the
13     period immediately before such vacation period or holiday
14     recess and there is a reasonable assurance that the
15     individual will perform such service in the period
16     immediately following such vacation period or holiday
17     recess.
18         4. An individual shall be ineligible for benefits on
19     the basis of wages for service in employment in any
20     capacity performed in an educational institution while in
21     the employ of an educational service agency for any week
22     which begins after January 5, 1985, (a) during a period
23     between two successive academic years or terms, if the
24     individual performed such service in the first of such
25     academic years or terms and there is a reasonable assurance
26     that the individual will perform such service in the second

 

 

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1     of such academic years or terms; and (b) during an
2     established and customary vacation period or holiday
3     recess, if the individual performed such service in the
4     period immediately before such vacation period or holiday
5     recess and there is a reasonable assurance that the
6     individual will perform such service in the period
7     immediately following such vacation period or holiday
8     recess. The term "educational service agency" means a
9     governmental agency or governmental entity which is
10     established and operated exclusively for the purpose of
11     providing such services to one or more educational
12     institutions.
13     C. 1. If benefits are denied to any individual under the
14 provisions of paragraph 2 of either subsection A or B of this
15 Section for any week which begins on or after September 3, 1982
16 and such individual is not offered a bona fide opportunity to
17 perform such services for the educational institution for the
18 second of such academic years or terms, such individual shall
19 be entitled to a retroactive payment of benefits for each week
20 for which the individual filed a timely claim for benefits as
21 determined by the rules and regulations issued by the Director
22 for the filing of claims for benefits, provided that such
23 benefits were denied solely because of the provisions of
24 paragraph 2 of either subsection A or B of this Section.
25     2. If benefits on the basis of wages for service in
26 employment in other than an instructional, research, or

 

 

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1 principal administrative capacity performed in an educational
2 institution while in the employ of an educational service
3 agency are denied to any individual under the provisions of
4 subparagraph (a) of paragraph 4 of subsection B and such
5 individual is not offered a bona fide opportunity to perform
6 such services in an educational institution while in the employ
7 of an educational service agency for the second of such
8 academic years or terms, such individual shall be entitled to a
9 retroactive payment of benefits for each week for which the
10 individual filed a timely claim for benefits as determined by
11 the rules and regulations issued by the Director for the filing
12 of claims for benefits, provided that such benefits were denied
13 solely because of subparagraph (a) of paragraph 4 of subsection
14 B of this Section.
15     D. 1. An individual shall be ineligible for benefits, on
16 the basis of wages for service in employment for a municipality
17 as a school crossing guard for any week which begins on or
18 after the effective date of this amendatory Act of the 96th
19 General Assembly, during a period between 2 successive academic
20 years or terms, if the individual performed such service in the
21 first of such academic years or terms and there is a reasonable
22 assurance that the individual will perform such service in the
23 second of such academic years or terms.
24     2. An individual shall be ineligible for benefits, on the
25 basis of wages for service in employment for a municipality as
26 a school crossing guard for any week which begins on or after

 

 

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1 the effective date of this amendatory Act of the 96th General
2 Assembly, during an established and customary vacation period
3 or holiday recess, if the individual performed such service in
4 the period immediately before such vacation period or holiday
5 recess and there is a reasonable assurance that the individual
6 will perform such service in the period immediately following
7 such vacation period or holiday recess.
8     3. If benefits are denied to any individual under the
9 provisions of paragraph 1 of this subsection D for any week
10 which begins on or after the effective date of this amendatory
11 Act of the 96th General Assembly and such individual is not
12 offered a bona fide opportunity to perform such services for
13 the second of such academic years or terms, such individual
14 shall be entitled to a retroactive payment of benefits for each
15 week for which the individual filed a timely claim for benefits
16 as determined by the rules and regulations issued by the
17 Director for the filing of claims for benefits, provided that
18 such benefits were denied solely because of the provisions of
19 paragraph 1 of this subsection D.
20 (Source: P.A. 87-1178.)
 
21     Section 99. Effective date. This Act takes effect upon
22 becoming law.