Full Text of SB1350 96th General Assembly
SB1350enr 96TH GENERAL ASSEMBLY
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SB1350 Enrolled |
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LRB096 09823 RLC 19986 b |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois
Unemployment Insurance
Trust Fund | 5 |
| Financing Act is amended by changing Section 4 as follows: | 6 |
| (30 ILCS 440/4)
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| Sec. 4. Authority to Issue Revenue Bonds.
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| A. The Department shall have the continuing power to borrow | 9 |
| money for
the purpose
of carrying out the following:
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| 1. To reduce or avoid the need to borrow or obtain a | 11 |
| federal advance
under
Section 1201, et seq., of the Social | 12 |
| Security Act (42 U.S.C. Section 1321), as
amended, or
any | 13 |
| similar federal law; or
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| 2. To refinance a previous advance received by the | 15 |
| Department
with
respect to the payment of Benefits; or
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| 3. To refinance, purchase, redeem, refund, advance | 17 |
| refund or defease
(including, any
combination of the | 18 |
| foregoing) any outstanding Bonds issued pursuant to this
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| Act; or
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| 4. To fund a surplus in Illinois' account in the | 21 |
| Unemployment Trust Fund
of the
United States Treasury.
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| Paragraphs 1, 2 and 4 are inoperative on and after January | 23 |
| 1, 2013 2010 .
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LRB096 09823 RLC 19986 b |
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| B. As evidence of the obligation of the Department to repay | 2 |
| money
borrowed for the
purposes set forth in Section 4A above, | 3 |
| the Department may issue and dispose of
its interest
bearing | 4 |
| revenue Bonds and may also, from time-to-time, issue and | 5 |
| dispose of its
interest bearing
revenue Bonds to purchase, | 6 |
| redeem, refund, advance refund or defease
(including,
any
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| combination of the foregoing) any Bonds at maturity or pursuant | 8 |
| to redemption
provisions or at
any time before maturity. The | 9 |
| Director, in consultation with the Department's
Employment
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| Security Advisory Board, shall have the power to direct that | 11 |
| the Bonds be
issued. Bonds may be
issued in one or more series | 12 |
| and under terms and conditions as needed in
furtherance of the
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| purposes of this Act. The Illinois Finance Authority shall | 14 |
| provide any
technical, legal, or
administrative services if and | 15 |
| when requested by the Director and the
Employment
Security
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| Advisory Board with regard to the issuance of Bonds. Such
Bonds | 17 |
| shall be
issued in the name of the State of Illinois for the | 18 |
| benefit of the Department
and shall be executed
by the | 19 |
| Director. In case any Director whose signature appears on any | 20 |
| Bond
ceases (after
attaching his or her signature) to hold that | 21 |
| office, her or his signature shall
nevertheless be valid
and | 22 |
| effective for all purposes.
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| C. No Bonds shall be issued without the Director's written
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| certification that, based
upon a reasonable financial | 25 |
| analysis, the issuance of Bonds is reasonably
expected to:
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| (i) Result in a savings to the State as compared to |
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LRB096 09823 RLC 19986 b |
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| the cost of
borrowing or
obtaining an advance under | 2 |
| Section 1201, et seq., Social Security Act (42
U.S.C.
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| Section
1321), as amended, or any similar federal law;
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| (ii) Result in terms which are advantageous to the | 5 |
| State through
refunding,
advance refunding or other | 6 |
| similar restructuring of outstanding Bonds; or
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| (iii) Allow the State to avoid an anticipated | 8 |
| deficiency in the State's
account
in the
Unemployment | 9 |
| Trust Fund of the United States Treasury by funding a | 10 |
| surplus in
the
State's account
in the Unemployment | 11 |
| Trust Fund of the United States Treasury.
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| D. All such Bonds shall be payable from Fund Building | 13 |
| Receipts. Bonds
may also
be paid from (i) to the extent | 14 |
| allowable by law, from monies in the State's
account
in the
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| Unemployment Trust Fund of the United States Treasury; and (ii) | 16 |
| to the extent
allowable by law, a
federal advance under Section | 17 |
| 1201, et seq., of the Social Security Act (42
U.S.C. Section | 18 |
| 1321);
and (iii) proceeds of Bonds and receipts from related | 19 |
| credit and exchange
agreements to the extent allowed by this | 20 |
| Act and applicable
legal requirements.
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| E. The maximum principal amount of the Bonds, when combined | 22 |
| with the
outstanding principal of all other Bonds issued | 23 |
| pursuant to this Act, shall not
at any time exceed
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| $1,400,000,000, excluding all of the outstanding principal of | 25 |
| any other Bonds
issued pursuant to
this Act
for which payment
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| has been irrevocably provided by refunding or other manner of |
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LRB096 09823 RLC 19986 b |
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| defeasance. It is
the intent of this
Act that the outstanding | 2 |
| Bond authorization limits provided for in this Section
4E shall | 3 |
| be
revolving in nature, such that the amount of Bonds | 4 |
| outstanding that are not
refunded or otherwise
defeased shall | 5 |
| be included in determining the maximum amount of Bonds
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| authorized
to be issued
pursuant to the Act.
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| F. Such Bonds and refunding Bonds issued pursuant to this | 8 |
| Act may bear
such date
or dates, may mature at such time or | 9 |
| times not exceeding 10 years from their
respective dates of
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| issuance, and may bear interest at such rate or rates not | 11 |
| exceeding the maximum
rate authorized
by the Bond Authorization | 12 |
| Act, as amended and in effect at the time of the
issuance of | 13 |
| the
Bonds.
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| G. The Department may enter into a Credit Agreement | 15 |
| pertaining to the
issuance of
the Bonds, upon terms which are | 16 |
| not inconsistent with this Act and any other
laws, provided | 17 |
| that
the term of such Credit Agreement shall not exceed the | 18 |
| term of the Bonds, plus
any time period
necessary to cure any | 19 |
| defaults under such Credit Agreement.
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| H. Interest earnings paid to holders of the Bonds shall not | 21 |
| be exempt
from income
taxes imposed by the State.
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| I. While any Bond Obligations are outstanding or | 23 |
| anticipated to come
due as a result
of Bonds expected to be | 24 |
| issued in either or both of the 2 immediately
succeeding | 25 |
| calendar quarters, the
Department shall
collect and deposit | 26 |
| Fund Building Receipts into the Master Bond Fund in an
amount |
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LRB096 09823 RLC 19986 b |
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| necessary to
satisfy the Required Fund Building Receipts Amount | 2 |
| prior to expending Fund
Building Receipts
for any other | 3 |
| purpose. The Required Fund Building Receipts Amount shall be | 4 |
| that
amount
necessary to ensure the marketability of the Bonds, | 5 |
| which shall be specified in
the Bond Sale
Order executed by the | 6 |
| Director in connection with the issuance of the Bonds.
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| J. Holders of the Bonds shall have a first and priority | 8 |
| claim on all
Fund Building
Receipts in the Master Bond Fund in | 9 |
| parity with all other holders of the Bonds,
provided that
such | 10 |
| claim may be subordinated to the provider of any Credit | 11 |
| Agreement for any
of the Bonds.
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| K. To the extent that Fund Building Receipts in
the Master
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| Bond Fund are not otherwise needed to satisfy the requirements | 14 |
| of this Act and
the instruments
authorizing the issuance of the | 15 |
| Bonds, such monies shall be used by the
Department, in such
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| amounts as determined by the Director to do any one or a | 17 |
| combination of the following:
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| 1. To purchase, refinance, redeem, refund, advance | 19 |
| refund or defease (or
any
combination of the foregoing) | 20 |
| outstanding Bonds, to the extent such action is
legally
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| available and does not impair the tax exempt status of any | 22 |
| of the Bonds which
are, in fact,
exempt from Federal income | 23 |
| taxation; or
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| 2. As a deposit in the State's account in the | 25 |
| Unemployment Trust Fund
of the
United States Treasury; or | 26 |
| 3. As a deposit into the Special Programs Fund provided |
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LRB096 09823 RLC 19986 b |
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| for under Section 2107 of the Unemployment Insurance Act.
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| L. The Director shall determine the method of sale, type of | 3 |
| bond, bond
form,
redemption provisions and other terms of the | 4 |
| Bonds that, in the Director's
judgment, best achieve
the | 5 |
| purposes of this Act and effect the borrowing at the lowest | 6 |
| practicable
cost, provided that
those determinations are not | 7 |
| inconsistent with this Act or other applicable
legal | 8 |
| requirements.
Those determinations shall be set forth in a | 9 |
| document entitled "Bond Sale
Order"
acceptable, in
form and | 10 |
| substance, to the attorney or attorneys acting as bond counsel | 11 |
| for the
Bonds in
connection with the rendering of opinions | 12 |
| necessary for the issuance of the
Bonds and executed
by the | 13 |
| Director.
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| (Source: P.A. 93-634, eff. 1-1-04; 94-1083, eff. 1-19-07.)
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| Section 10. The Unemployment Insurance Act is amended by | 16 |
| changing Sections 401, 409, and 601 as follows: | 17 |
| (820 ILCS 405/401) (from Ch. 48, par. 401) | 18 |
| Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
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| A. With respect to any week beginning prior to April 24, | 20 |
| 1983, an
individual's weekly benefit amount shall be an amount | 21 |
| equal to the weekly
benefit amount as defined in this Act as in | 22 |
| effect on November 30, 1982.
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| B. 1. With respect to any week beginning on or after April | 24 |
| 24, 1983 and
before January 3, 1988, an individual's weekly |
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LRB096 09823 RLC 19986 b |
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| benefit amount shall be 48%
of his prior average weekly wage, | 2 |
| rounded (if not already a multiple of
one dollar) to the next | 3 |
| higher dollar; provided, however, that the weekly
benefit | 4 |
| amount cannot exceed the maximum weekly benefit amount, and | 5 |
| cannot
be less than 15% of the statewide average weekly wage, | 6 |
| rounded (if not already
a multiple of one dollar) to the next | 7 |
| higher dollar. However, the weekly
benefit amount for an | 8 |
| individual who has established a benefit year
beginning before | 9 |
| April 24, 1983, shall be determined, for weeks beginning
on or | 10 |
| after April 24, 1983 claimed with respect to that benefit year, | 11 |
| as
provided under this Act as in effect on November 30, 1982.
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| With respect to any week beginning on or after January 3, 1988 | 13 |
| and before
January 1, 1993,
an individual's weekly benefit | 14 |
| amount shall be 49% of
his prior average weekly wage, rounded | 15 |
| (if not already a multiple of one
dollar) to the next higher | 16 |
| dollar; provided, however, that the weekly
benefit amount | 17 |
| cannot exceed the maximum weekly benefit amount, and cannot
be | 18 |
| less than $51.
With respect to any week beginning on or after | 19 |
| January
3, 1993 and during a benefit year beginning before | 20 |
| January 4, 2004, an
individual's weekly benefit amount shall be | 21 |
| 49.5% of his prior
average weekly wage, rounded (if not already | 22 |
| a multiple of one dollar) to
the next higher dollar; provided, | 23 |
| however, that the weekly benefit amount
cannot exceed the | 24 |
| maximum weekly benefit amount and cannot be less than $51.
With | 25 |
| respect to any benefit year beginning on or after January 4, | 26 |
| 2004 and
before January 6, 2008, an individual's weekly benefit |
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LRB096 09823 RLC 19986 b |
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| amount shall be 48% of
his or her prior average weekly wage, | 2 |
| rounded (if not already a multiple of one
dollar) to the next | 3 |
| higher dollar; provided, however, that the weekly benefit
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| amount cannot exceed the maximum weekly benefit amount and | 5 |
| cannot be less than
$51. With respect to any benefit year | 6 |
| beginning on or after January 6, 2008, an
individual's weekly | 7 |
| benefit amount shall be 47% of his or her prior average
weekly | 8 |
| wage, rounded (if not already a multiple of one dollar) to the | 9 |
| next
higher dollar; provided, however, that the weekly benefit | 10 |
| amount cannot exceed
the maximum weekly benefit amount and | 11 |
| cannot be less than $51.
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| 2. For the purposes of this subsection:
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| With respect to any week beginning on or after April 24, | 14 |
| 1983, an
individual's "prior average weekly wage" means the | 15 |
| total wages for insured
work paid to that individual during the | 16 |
| 2 calendar quarters of his base
period in which such total | 17 |
| wages were highest, divided by 26. If
the quotient is not | 18 |
| already a multiple of one dollar, it shall be
rounded to the | 19 |
| nearest dollar; however if the quotient is equally near
2 | 20 |
| multiples of one dollar, it shall be rounded to the higher | 21 |
| multiple of
one dollar.
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| "Determination date" means June 1, 1982, December 1, 1982 | 23 |
| and December
1 of each succeeding calendar year thereafter. | 24 |
| However, if as of June 30,
1982, or any June 30 thereafter, the | 25 |
| net amount standing to the credit of
this State's account in | 26 |
| the unemployment trust fund (less all outstanding
advances to |
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LRB096 09823 RLC 19986 b |
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| that account, including advances pursuant to Title XII of the
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| federal Social Security Act) is greater than $100,000,000,
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| "determination date" shall mean December 1 of that year and | 4 |
| June 1 of the
succeeding year. Notwithstanding the preceding | 5 |
| sentence, for the purposes
of this Act only, there shall be no | 6 |
| June 1 determination date in any
year after 1986.
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| "Determination period" means, with respect to each June 1 | 8 |
| determination
date, the 12 consecutive calendar months ending | 9 |
| on the immediately preceding
December 31 and, with respect to | 10 |
| each December 1 determination date, the
12 consecutive calendar | 11 |
| months ending on the immediately preceding June 30.
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| "Benefit period" means the 12 consecutive calendar month | 13 |
| period
beginning on the first day of the first calendar month | 14 |
| immediately following
a determination date, except that, with | 15 |
| respect to any calendar year
in which there is a June 1 | 16 |
| determination date, "benefit period" shall mean
the 6 | 17 |
| consecutive calendar month period beginning on the first day of | 18 |
| the first
calendar month immediately following the preceding | 19 |
| December 1 determination
date and the 6 consecutive calendar | 20 |
| month period beginning on the first
day of the first calendar | 21 |
| month immediately following the June 1 determination
date. | 22 |
| Notwithstanding the foregoing sentence, the 6 calendar months | 23 |
| beginning
January 1, 1982 and ending June 30, 1982 shall be | 24 |
| deemed a benefit period
with respect to which the determination | 25 |
| date shall be June 1, 1981.
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| "Gross wages" means all the wages paid to individuals |
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LRB096 09823 RLC 19986 b |
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| during the
determination period immediately preceding a | 2 |
| determination date for
insured work, and reported to the | 3 |
| Director by employers prior to the
first day of the third | 4 |
| calendar month preceding that date.
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| "Covered employment" for any calendar month means the total | 6 |
| number of
individuals, as determined by the Director, engaged | 7 |
| in insured work at
mid-month.
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| "Average monthly covered employment" means one-twelfth of | 9 |
| the sum of
the covered employment for the 12 months of a | 10 |
| determination period.
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| "Statewide average annual wage" means the quotient, | 12 |
| obtained by
dividing gross wages by average monthly covered | 13 |
| employment for the same
determination period, rounded (if not | 14 |
| already a multiple of one cent) to
the nearest cent.
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| "Statewide average weekly wage" means the quotient, | 16 |
| obtained by
dividing the statewide average annual wage by 52, | 17 |
| rounded (if not
already a multiple of one cent) to the nearest | 18 |
| cent. Notwithstanding any
provisions of this Section to the | 19 |
| contrary, the statewide average weekly
wage for the benefit | 20 |
| period beginning July 1, 1982 and ending December 31,
1982 | 21 |
| shall be the statewide average weekly wage in effect for the | 22 |
| immediately
preceding benefit period plus one-half of the | 23 |
| result obtained by
subtracting the statewide average weekly | 24 |
| wage for the immediately preceding
benefit period from the | 25 |
| statewide average weekly wage for the benefit
period beginning | 26 |
| July 1, 1982 and ending December 31, 1982 as such statewide
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LRB096 09823 RLC 19986 b |
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| average weekly wage would have been determined but for the | 2 |
| provisions of
this paragraph. Notwithstanding any provisions | 3 |
| of this Section to the
contrary, the statewide average weekly | 4 |
| wage for the benefit period beginning
April 24, 1983 and ending | 5 |
| January 31, 1984 shall be $321 and for the benefit
period | 6 |
| beginning February 1, 1984 and ending December 31, 1986 shall | 7 |
| be
$335, and for the benefit period beginning January 1, 1987, | 8 |
| and ending
December 31, 1987, shall be $350, except that for an | 9 |
| individual who has
established a benefit year beginning before | 10 |
| April 24, 1983, the statewide
average weekly wage used in | 11 |
| determining benefits, for any week beginning on
or after April | 12 |
| 24, 1983, claimed with respect to that benefit year, shall
be | 13 |
| $334.80, except that, for the purpose of determining the | 14 |
| minimum weekly
benefit amount under subsection B(1) for the | 15 |
| benefit period beginning
January 1, 1987, and ending December | 16 |
| 31, 1987, the statewide average
weekly wage shall be $335; for | 17 |
| the benefit
periods January 1, 1988 through December 31, 1988, | 18 |
| January
1, 1989 through December 31, 1989, and January 1, 1990
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| through December 31, 1990, the statewide average weekly
wage | 20 |
| shall be $359, $381, and $406, respectively.
Notwithstanding | 21 |
| the preceding sentences of this paragraph,
for the benefit | 22 |
| period of calendar year 1991, the statewide
average weekly wage | 23 |
| shall be $406 plus (or minus) an
amount equal to the percentage | 24 |
| change in the statewide
average weekly wage, as computed in | 25 |
| accordance with
the preceding sentences of this paragraph, | 26 |
| between the
benefit periods of calendar years 1989 and 1990, |
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LRB096 09823 RLC 19986 b |
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| multiplied
by $406; and, for the benefit periods of calendar | 2 |
| years 1992 through
2003 and calendar year 2005 and each | 3 |
| calendar year
thereafter, the
statewide average weekly wage, | 4 |
| shall be the statewide
average weekly wage, as determined in | 5 |
| accordance with
this sentence, for the immediately preceding | 6 |
| benefit
period plus (or minus) an amount equal to the | 7 |
| percentage
change in the statewide average weekly wage, as | 8 |
| computed
in accordance with the preceding sentences of this | 9 |
| paragraph,
between the 2 immediately preceding benefit | 10 |
| periods,
multiplied by the statewide average weekly wage, as
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| determined in accordance with this sentence, for the
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| immediately preceding benefit period.
However, for purposes of | 13 |
| the
Workers'
Compensation Act, the statewide average weekly | 14 |
| wage will be computed
using June 1 and December 1 determination | 15 |
| dates of each calendar year and
such determination shall not be | 16 |
| subject to the limitation of $321,
$335, $350, $359, $381, $406 | 17 |
| or the statewide average weekly wage as
computed in accordance | 18 |
| with the preceding sentence of this
paragraph.
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| With respect to any week beginning on or after April 24, | 20 |
| 1983 and before
January 3, 1988,
"maximum weekly benefit | 21 |
| amount" means 48% of the statewide
average weekly wage, rounded | 22 |
| (if not already a multiple of one dollar) to
the nearest | 23 |
| dollar, provided however, that the maximum weekly
benefit | 24 |
| amount for an individual who has established a benefit year | 25 |
| beginning
before April 24, 1983, shall be determined, for weeks | 26 |
| beginning on or
after April 24, 1983 claimed with respect to |
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LRB096 09823 RLC 19986 b |
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| that benefit year,
as provided under this Act as amended and in | 2 |
| effect on November 30,
1982, except that the statewide average | 3 |
| weekly wage used in such determination
shall be $334.80.
| 4 |
| With respect to any week beginning after January 2, 1988 | 5 |
| and before
January 1, 1993, "maximum weekly benefit amount" | 6 |
| with respect to each week
beginning within a benefit period | 7 |
| means 49% of the statewide average weekly
wage, rounded (if not | 8 |
| already a multiple of one dollar) to the next higher
dollar.
| 9 |
| With respect to any week beginning on or after January 3, | 10 |
| 1993 and during a
benefit year beginning before January 4, | 11 |
| 2004,
"maximum weekly benefit amount" with respect to each week | 12 |
| beginning within
a benefit period means 49.5% of the statewide | 13 |
| average weekly wage, rounded
(if not already a multiple of one | 14 |
| dollar) to the next higher dollar.
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| With respect to any benefit year beginning on or after | 16 |
| January 4, 2004 and
before January 6, 2008, "maximum weekly | 17 |
| benefit amount" with respect to each
week beginning within a | 18 |
| benefit period means 48% of the statewide average
weekly wage, | 19 |
| rounded (if not already a multiple of one dollar) to the next
| 20 |
| higher dollar.
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| With respect to any benefit year beginning on or after | 22 |
| January 6, 2008,
"maximum weekly benefit amount" with respect | 23 |
| to each week beginning within a
benefit period means 47% of the | 24 |
| statewide average weekly wage, rounded (if not
already a | 25 |
| multiple of one dollar) to the next higher dollar.
| 26 |
| C. With respect to any week beginning on or after April 24, |
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LRB096 09823 RLC 19986 b |
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| 1983 and before
January 3, 1988,
an individual to whom benefits | 2 |
| are payable with respect
to any week shall, in addition to such | 3 |
| benefits, be paid, with respect to such
week, as follows: in | 4 |
| the case of an individual with a nonworking spouse,
7% of his | 5 |
| prior average weekly wage, rounded (if not already a multiple
| 6 |
| of one dollar) to the higher dollar; provided, that the total | 7 |
| amount payable
to the individual with respect to a week shall | 8 |
| not exceed 55% of the statewide
average weekly wage, rounded | 9 |
| (if not already a multiple of one dollar) to
the nearest | 10 |
| dollar; and in the case of an individual with a dependent child
| 11 |
| or dependent children, 14.4% of his prior average weekly wage, | 12 |
| rounded (if
not already a multiple of one dollar) to the higher | 13 |
| dollar; provided, that
the total amount payable to the | 14 |
| individual with respect to a week shall
not exceed 62.4% of the | 15 |
| statewide average weekly wage, rounded (if not already
a | 16 |
| multiple of one dollar) to the next higher dollar with respect | 17 |
| to the
benefit period beginning January 1, 1987 and ending | 18 |
| December 31, 1987, and
otherwise to the nearest dollar. | 19 |
| However, for an individual with a
nonworking spouse or with a | 20 |
| dependent child or children who has established
a benefit year | 21 |
| beginning before April 24, 1983, the amount of additional
| 22 |
| benefits payable on account of the nonworking spouse or | 23 |
| dependent child
or children shall be determined, for weeks | 24 |
| beginning on or after April
24, 1983 claimed with respect to | 25 |
| that benefit year, as provided under
this Act as in effect on | 26 |
| November 30, 1982, except that the
statewide average weekly |
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LRB096 09823 RLC 19986 b |
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| wage used in such determination shall be $334.80.
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| With respect to any week beginning on or after January 2, | 3 |
| 1988 and before
January 1, 1991 and any week beginning on or | 4 |
| after January 1, 1992, and before
January 1, 1993, an | 5 |
| individual to whom benefits are payable
with respect to any
| 6 |
| week shall, in addition to those benefits, be paid, with | 7 |
| respect to such
week, as follows: in the case of an individual | 8 |
| with a nonworking spouse,
8% of his prior average weekly wage, | 9 |
| rounded (if not already a multiple
of one dollar) to the next | 10 |
| higher dollar, provided, that the total
amount payable to the | 11 |
| individual with respect to a week shall not
exceed 57% of the | 12 |
| statewide average weekly wage, rounded (if not already
a | 13 |
| multiple of one dollar) to the next higher dollar; and in the | 14 |
| case of
an individual with a dependent child or dependent | 15 |
| children, 15% of
his prior average weekly wage, rounded (if not | 16 |
| already a multiple of one
dollar) to the next higher dollar, | 17 |
| provided that the total amount
payable to the individual with | 18 |
| respect to a week shall not exceed 64%
of the statewide average | 19 |
| weekly wage, rounded (if not already a
multiple of one dollar) | 20 |
| to the next higher dollar.
| 21 |
| With respect to any week beginning on or after January 1, | 22 |
| 1991 and before
January 1, 1992, an individual to whom benefits | 23 |
| are payable with respect to
any week shall, in addition to the | 24 |
| benefits, be paid, with respect to such
week, as follows: in | 25 |
| the case of an individual with a nonworking spouse,
8.3% of his | 26 |
| prior average weekly wage, rounded (if not already a multiple
|
|
|
|
SB1350 Enrolled |
- 16 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| of one dollar) to the next higher dollar, provided, that the | 2 |
| total amount
payable to the individual with respect to a week | 3 |
| shall not exceed 57.3%
of the statewide average weekly wage, | 4 |
| rounded (if not already a multiple of
one dollar) to the next | 5 |
| higher dollar; and in the case of an individual
with a | 6 |
| dependent child or dependent children, 15.3% of his prior | 7 |
| average
weekly wage, rounded (if not already a multiple of one | 8 |
| dollar) to the next
higher dollar, provided that the total | 9 |
| amount payable to the individual
with respect to a week shall | 10 |
| not exceed 64.3% of the statewide average
weekly wage, rounded | 11 |
| (if not already a multiple of one dollar) to the next
higher | 12 |
| dollar.
| 13 |
| With respect to any week beginning on or after January 3, | 14 |
| 1993,
during a benefit year beginning before January 4, 2004,
| 15 |
| an individual to whom benefits are payable with respect to any
| 16 |
| week shall, in addition to those benefits, be paid, with | 17 |
| respect to such
week, as follows: in the case of an individual | 18 |
| with a nonworking spouse,
9% of his prior average weekly wage, | 19 |
| rounded (if not already a multiple
of one dollar) to the next | 20 |
| higher dollar, provided, that the total
amount payable to the | 21 |
| individual with respect to a week shall not
exceed 58.5% of the | 22 |
| statewide average weekly wage, rounded (if not already
a | 23 |
| multiple of one dollar) to the next higher dollar; and in the | 24 |
| case of
an individual with a dependent child or dependent | 25 |
| children, 16% of
his prior average weekly wage, rounded (if not | 26 |
| already a multiple of one
dollar) to the next higher dollar, |
|
|
|
SB1350 Enrolled |
- 17 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| provided that the total amount
payable to the individual with | 2 |
| respect to a week shall not exceed 65.5%
of the statewide | 3 |
| average weekly wage, rounded (if not already a
multiple of one | 4 |
| dollar) to the next higher dollar.
| 5 |
| With respect to any benefit year beginning on or after | 6 |
| January 4, 2004 and
before January 6, 2008, an individual to | 7 |
| whom benefits are payable with respect
to any week shall, in | 8 |
| addition to those benefits, be paid, with respect to such
week, | 9 |
| as follows: in the case of an individual with a nonworking | 10 |
| spouse, 9% of
his or her prior average weekly wage, rounded (if | 11 |
| not already a multiple of one
dollar) to the next higher | 12 |
| dollar, provided, that the total amount payable to
the | 13 |
| individual with respect to a week shall not exceed 57% of the | 14 |
| statewide
average weekly wage, rounded (if not already a | 15 |
| multiple of one dollar) to the
next higher dollar; and in the | 16 |
| case of an individual with a dependent child or
dependent | 17 |
| children, 17.2% of his or her prior average weekly wage, | 18 |
| rounded (if
not already a multiple of one dollar) to the next | 19 |
| higher dollar, provided that
the total amount payable to the | 20 |
| individual with respect to a week shall not
exceed 65.2% of the | 21 |
| statewide average weekly wage, rounded (if not already a
| 22 |
| multiple of one dollar) to the next higher dollar.
| 23 |
| With respect to any benefit year beginning on or after | 24 |
| January 6, 2008 and before January 1, 2010 , an
individual to | 25 |
| whom benefits are payable with respect to any week shall, in
| 26 |
| addition to those benefits, be paid, with respect to such week, |
|
|
|
SB1350 Enrolled |
- 18 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| as follows: in
the case of an individual with a nonworking | 2 |
| spouse, 9% of his or her prior
average weekly wage, rounded (if | 3 |
| not already a multiple of one dollar) to the
next higher | 4 |
| dollar, provided, that the total amount payable
to the | 5 |
| individual with respect to a week shall not exceed 56% of the | 6 |
| statewide
average weekly wage, rounded (if not already a | 7 |
| multiple of one dollar) to the
next higher dollar; and with | 8 |
| respect to any benefit year beginning before
January 1, 2010, | 9 |
| in the case of an individual with a dependent child or
| 10 |
| dependent children, 18.2% of his or her prior average weekly | 11 |
| wage, rounded (if
not already a multiple of one dollar) to the | 12 |
| next higher dollar, provided that
the total amount payable to | 13 |
| the individual with respect to a week
shall not exceed 65.2% of | 14 |
| the statewide average weekly wage, rounded (if not
already a | 15 |
| multiple of one dollar) to the next higher dollar. | 16 |
| The additional
amount paid pursuant to this subsection in | 17 |
| the case of an individual with a
dependent child or dependent | 18 |
| children shall be referred to as the "dependent
child | 19 |
| allowance" , and the percentage rate by which an individual's | 20 |
| prior average weekly wage is multiplied pursuant to this | 21 |
| subsection to calculate the dependent child allowance shall be | 22 |
| referred to as the "dependent child allowance rate" . | 23 |
| With respect to any benefit year beginning on or after | 24 |
| January 1, 2010, an individual to whom benefits are payable | 25 |
| with respect to any week shall, in addition to those benefits, | 26 |
| be paid, with respect to such week, as follows: in the case of |
|
|
|
SB1350 Enrolled |
- 19 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| an individual with a nonworking spouse, the greater of (i) 9% | 2 |
| of his or her prior average weekly wage, rounded (if not | 3 |
| already a multiple of one dollar) to the next higher dollar, or | 4 |
| (ii) $15, provided that the total amount payable to the | 5 |
| individual with respect to a week shall not exceed 56% of the | 6 |
| statewide average weekly wage, rounded (if not already a | 7 |
| multiple of one dollar) to the next higher dollar; and in the | 8 |
| case of an individual with a dependent child or dependent | 9 |
| children, the greater of (i) the product of the dependent child | 10 |
| allowance rate multiplied by his or her prior average weekly | 11 |
| wage, rounded (if not already a multiple of one dollar) to the | 12 |
| next higher dollar, or (ii) the lesser of $50 or 50% of his or | 13 |
| her weekly benefit amount, rounded (if not already a multiple | 14 |
| of one dollar) to the next higher dollar, provided that the | 15 |
| total amount payable to the individual with respect to a week | 16 |
| shall not exceed the product of the statewide average weekly | 17 |
| wage multiplied by the sum of 47% plus the dependent child | 18 |
| allowance rate, rounded (if not already a multiple of one | 19 |
| dollar) to the next higher dollar. | 20 |
| With respect to each benefit year beginning in a calendar
| 21 |
| year after calendar year 2009, the percentage rate used to | 22 |
| calculate the
dependent child allowance rate shall be the sum | 23 |
| of the allowance adjustment
applicable pursuant to Section | 24 |
| 1400.1 to the calendar year in which the benefit
year begins, | 25 |
| plus the percentage rate used to calculate the dependent child
| 26 |
| allowance rate with respect to each benefit year beginning in |
|
|
|
SB1350 Enrolled |
- 20 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| the immediately
preceding calendar year , except as otherwise | 2 |
| provided in this subsection ,
provided that the total amount | 3 |
| payable to the individual with respect to a week
beginning in | 4 |
| such benefit year shall not exceed the product of the statewide
| 5 |
| average weekly wage, rounded (if not already a multiple of one | 6 |
| dollar) to the
next higher dollar and the sum of 47% plus the | 7 |
| percentage rate used to
calculate the individual's dependent | 8 |
| child allowance . The Notwithstanding any
provision to the | 9 |
| contrary, the percentage rate used to calculate the dependent
| 10 |
| child allowance rate with respect to each any benefit year | 11 |
| beginning in calendar year on or after January
1, 2010 , shall | 12 |
| not be less than 17.3% or greater than 18.2%.
The dependent | 13 |
| child allowance rate with respect to each benefit year | 14 |
| beginning in calendar year 2011 shall be reduced by 0.2% | 15 |
| absolute below the rate it would otherwise have been pursuant | 16 |
| to this subsection and, with respect to each benefit year | 17 |
| beginning after calendar year 2010, except as otherwise | 18 |
| provided, shall not be less than 17.1% or greater than 18.0%. | 19 |
| Unless, as a result of this sentence, the agreement between the | 20 |
| Federal Government and State regarding the Federal Additional | 21 |
| Compensation program established under Section 2002 of the | 22 |
| American Recovery and Reinvestment Act, or a successor program, | 23 |
| would not apply or would cease to apply, the dependent child | 24 |
| allowance rate with respect to each benefit year beginning in | 25 |
| calendar year 2012 shall be reduced by 0.1% absolute below the | 26 |
| rate it would otherwise have been pursuant to this subsection |
|
|
|
SB1350 Enrolled |
- 21 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| and, with respect to each benefit year beginning after calendar | 2 |
| year 2011, shall not be less than 17.0% or greater than 17.9%.
| 3 |
| For the purposes of this subsection:
| 4 |
| "Dependent" means a child or a nonworking spouse.
| 5 |
| "Child" means a natural child, stepchild, or adopted child | 6 |
| of an
individual claiming benefits under this Act or a child | 7 |
| who is in the
custody of any such individual by court order, | 8 |
| for whom the individual is
supplying and, for at least 90 | 9 |
| consecutive days (or for the duration of
the parental | 10 |
| relationship if it has existed for less than 90 days)
| 11 |
| immediately preceding any week with respect to which the | 12 |
| individual has
filed a claim, has supplied more than one-half | 13 |
| the cost of support, or
has supplied at least 1/4 of the cost | 14 |
| of support if the individual and
the other parent, together, | 15 |
| are supplying and, during the aforesaid
period, have supplied | 16 |
| more than one-half the cost of support, and are,
and were | 17 |
| during the aforesaid period, members of the same household; and
| 18 |
| who, on the first day of such week (a) is under 18 years of age, | 19 |
| or (b)
is, and has been during the immediately preceding 90 | 20 |
| days, unable to
work because of illness or other disability: | 21 |
| provided, that no person
who has been determined to be a child | 22 |
| of an individual who has been
allowed benefits with respect to | 23 |
| a week in the individual's benefit
year shall be deemed to be a | 24 |
| child of the other parent, and no other
person shall be | 25 |
| determined to be a child of such other parent, during
the | 26 |
| remainder of that benefit year.
|
|
|
|
SB1350 Enrolled |
- 22 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| "Nonworking spouse" means the lawful husband or wife of an | 2 |
| individual
claiming benefits under this Act, for whom more than | 3 |
| one-half the cost
of support has been supplied by the | 4 |
| individual for at least 90
consecutive days (or for the | 5 |
| duration of the marital relationship if it
has existed for less | 6 |
| than 90 days) immediately preceding any week with
respect to | 7 |
| which the individual has filed a claim, but only if the
| 8 |
| nonworking spouse is currently ineligible to receive benefits | 9 |
| under this
Act by reason of the provisions of Section 500E.
| 10 |
| An individual who was obligated by law to provide for the | 11 |
| support of
a child or of a nonworking spouse for the aforesaid | 12 |
| period of 90 consecutive
days, but was prevented by illness or | 13 |
| injury from doing so, shall be deemed
to have provided more | 14 |
| than one-half the cost of supporting the child or
nonworking | 15 |
| spouse for that period.
| 16 |
| (Source: P.A. 93-634, eff. 1-1-04.)
| 17 |
| (820 ILCS 405/409) (from Ch. 48, par. 409)
| 18 |
| Sec. 409. Extended Benefits.
| 19 |
| A. For the purposes of this Section:
| 20 |
| 1. "Extended benefit period" means a period which | 21 |
| begins with
the third week after a week for which there is | 22 |
| a State "on" indicator; and
ends with either of the | 23 |
| following weeks, whichever occurs later: (1) the
third week | 24 |
| after the first week for which there is a
State "off" | 25 |
| indicator, or (2) the thirteenth consecutive week of such
|
|
|
|
SB1350 Enrolled |
- 23 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| period. No extended benefit period shall begin by reason of | 2 |
| a State
"on" indicator before the fourteenth week following | 3 |
| the end of a prior
extended benefit period.
| 4 |
| 2. There is a "State 'on' indicator" for a week if (a) | 5 |
| the Director
determines, in accordance with the | 6 |
| regulations of the United States
Secretary of Labor or | 7 |
| other appropriate Federal agency, that for the
period | 8 |
| consisting of such week and the immediately preceding | 9 |
| twelve
weeks, the rate of insured unemployment (not | 10 |
| seasonally adjusted) in
this State (a) equaled or exceeded | 11 |
| 4% and equaled or exceeded 120% of
the average of such | 12 |
| rates for the corresponding 13-week period ending in
each | 13 |
| of the preceding two calendar years, or (b) equaled or | 14 |
| exceeded 5%;
for weeks beginning after September 25, 1982 | 15 |
| (1) equaled or exceeded 5%
and equaled or exceeded 120% of | 16 |
| the average of such rates for the corresponding
13-week | 17 |
| period ending in each of the preceding 2 calendar years, or | 18 |
| (2)
equaled or exceeded 6 percent , or (b) the United States | 19 |
| Secretary of Labor determines that (1) the average rate of | 20 |
| total unemployment in this State (seasonally adjusted) for | 21 |
| the period consisting of the most recent 3 months for which | 22 |
| data for all states are published before the close of such | 23 |
| week equals or exceeds 6.5%, and (2) the average rate of | 24 |
| total unemployment in this State (seasonally adjusted) for | 25 |
| the 3-month period referred to in (1) equals or exceeds | 26 |
| 110% of such average rate for either (or both) of the |
|
|
|
SB1350 Enrolled |
- 24 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| corresponding 3-month periods ending in the 2 preceding | 2 |
| calendar years. Clause (b) of this paragraph shall only | 3 |
| apply to weeks beginning on or after February 22, 2009, | 4 |
| through the week ending 3 weeks prior to the last week for | 5 |
| which federal sharing is provided as authorized by Section | 6 |
| 2005(a) of Public Law 111-5 and is inoperative as of the | 7 |
| end of the last week for which federal sharing is provided | 8 |
| as authorized by Section 2005(a) of Public Law 111-5 .
| 9 |
| 3. There is a "State 'off' indicator" for a week if | 10 |
| there is not a State 'on' indicator for the week pursuant | 11 |
| to paragraph 2 the Director
determines, in accordance with | 12 |
| the regulations of the United States
Secretary of Labor or | 13 |
| other appropriate Federal agency, that for the
period | 14 |
| consisting of such week and the immediately preceding | 15 |
| twelve
weeks, the rate of insured unemployment (not | 16 |
| seasonally adjusted) in
this State (a) was less than 5% and | 17 |
| was less than 120%
of the average of such rates
for the | 18 |
| corresponding 13-week period ending in each of the | 19 |
| preceding 2
calendar years, or (b) was less than 4%; and | 20 |
| for weeks beginning after
September 25, 1982, (1) was less | 21 |
| than 6% and less than 120% of the average
of such rates for | 22 |
| the corresponding 13-week period ending in each of the
| 23 |
| preceding 2 calendar years, or (2) was less than 5% .
| 24 |
| 4. "Rate of insured unemployment", for the purpose of | 25 |
| paragraph paragraphs
2 and 3 , means the percentage derived | 26 |
| by dividing (a) the average
weekly number of individuals |
|
|
|
SB1350 Enrolled |
- 25 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| filing claims for "regular benefits" in
this State for | 2 |
| weeks of
unemployment with respect to the most recent 13 | 3 |
| consecutive week period,
as determined by the Director on | 4 |
| the basis of his reports to the United
States Secretary of | 5 |
| Labor or other appropriate Federal agency, by (b)
the | 6 |
| average monthly employment covered under this Act for the | 7 |
| first four
of the most recent six completed calendar | 8 |
| quarters ending before the
close of such 13-week period.
| 9 |
| 5. "Regular benefits" means benefits, other than | 10 |
| extended benefits
and additional benefits, payable to an | 11 |
| individual (including dependents'
allowances) under this | 12 |
| Act or under any other State unemployment
compensation law | 13 |
| (including benefits payable to Federal civilian
employees | 14 |
| and ex-servicemen pursuant to 5 U.S.C. chapter 85).
| 15 |
| 6. "Extended benefits" means benefits (including | 16 |
| benefits payable to
Federal civilian employees and | 17 |
| ex-servicemen pursuant to 5 U.S.C.
chapter 85) payable to | 18 |
| an individual under the provisions of this
Section for | 19 |
| weeks which begin in his eligibility period.
| 20 |
| 7. "Additional benefits" means benefits totally | 21 |
| financed by a State
and payable to exhaustees (as defined | 22 |
| in subsection C) by reason of
conditions of high | 23 |
| unemployment or by reason of other specified factors.
If an | 24 |
| individual is eligible to receive extended benefits under | 25 |
| the
provisions of this Section and is eligible to receive | 26 |
| additional
benefits with respect to the same week under the |
|
|
|
SB1350 Enrolled |
- 26 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| law of another State,
he may elect to claim either extended | 2 |
| benefits or additional benefits
with respect to the week.
| 3 |
| 8. "Eligibility period" means the period consisting of | 4 |
| the weeks in
an individual's benefit year which begin in an | 5 |
| extended benefit period
and, if his benefit year ends | 6 |
| within such extended benefit period, any
weeks thereafter | 7 |
| which begin in such period. An individual's eligibility | 8 |
| period shall also include such other weeks as federal law | 9 |
| may allow.
| 10 |
| 9. Notwithstanding any other provision to the contrary | 11 |
| of the provisions of Sections 1404, 1405B, and
1501 , no | 12 |
| employer shall be liable for payments in lieu of | 13 |
| contributions pursuant to Section 1404 , and
wages shall not | 14 |
| become benefit wages, by reason of the payment of extended
| 15 |
| benefits which are wholly reimbursed to this State by the | 16 |
| Federal Government or would have been wholly reimbursed to | 17 |
| this State by the Federal Government if the employer had | 18 |
| paid all of the claimant's wages during the applicable base | 19 |
| period .
With respect to extended benefits, paid prior to | 20 |
| July 1, 1989, wages shall
become benefit wages under | 21 |
| Section 1501 only when an individual is
first paid such | 22 |
| benefits with respect to his eligibility period which
are | 23 |
| not wholly reimbursed to this State by the Federal | 24 |
| Government.
Extended benefits , paid on or after July 1, | 25 |
| 1989, shall not become benefit
charges under Section 1501.1 | 26 |
| if they are wholly reimbursed to this State by the Federal |
|
|
|
SB1350 Enrolled |
- 27 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| Government or would have been wholly reimbursed to this | 2 |
| State by the Federal Government if the employer had paid | 3 |
| all of the claimant's wages during the applicable base | 4 |
| period. For purposes of this paragraph, extended benefits | 5 |
| will be considered to be wholly reimbursed by the Federal | 6 |
| Government notwithstanding the operation of Section | 7 |
| 204(a)(2)(D) of the Federal-State Extended Unemployment | 8 |
| Compensation Act of 1970 only when any individual is paid | 9 |
| such benefits
with respect to his eligibility period which | 10 |
| are not wholly reimbursed by
the Federal Government .
| 11 |
| B. An individual shall be eligible to receive extended | 12 |
| benefits
pursuant to this Section for any week which begins in | 13 |
| his eligibility
period if, with respect to such week (1) he has | 14 |
| been paid wages for insured
work during his base period equal | 15 |
| to at least 1 1/2 times the wages paid
in that calendar quarter | 16 |
| of his base period in which such wages were highest ,
provided | 17 |
| that this provision applies only with respect to weeks | 18 |
| beginning
after September 25, 1982 ; (2) he has met the | 19 |
| requirements of Section 500E
of this Act; (3) he is an | 20 |
| exhaustee; and (4) except when the result
would be inconsistent | 21 |
| with the provisions of this
Section, he has satisfied the | 22 |
| requirements of this Act for the receipt
of regular benefits.
| 23 |
| C. An individual is an exhaustee with respect to a week | 24 |
| which begins
in his eligibility period if:
| 25 |
| 1. Prior to such week (a) he has received, with respect | 26 |
| to his
current benefit year that includes such week, the |
|
|
|
SB1350 Enrolled |
- 28 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| maximum total amount
of benefits to which he was entitled | 2 |
| under the provisions of Section
403B, and all of the | 3 |
| regular benefits (including dependents' allowances)
to | 4 |
| which he had entitlement (if any) on the basis of wages or | 5 |
| employment
under any other State unemployment compensation | 6 |
| law; or (b) he has
received all the regular benefits | 7 |
| available to him with respect to his
current benefit year | 8 |
| that includes such week, under this Act and under
any other | 9 |
| State unemployment compensation law, after a cancellation | 10 |
| of
some or all of his wage credits or the partial or total | 11 |
| reduction of his
regular benefit rights; or (c) his benefit | 12 |
| year terminated, and he
cannot meet the qualifying wage | 13 |
| requirements of Section 500E of this Act
or the qualifying | 14 |
| wage or employment requirements of any other State
| 15 |
| unemployment compensation law to establish a new benefit | 16 |
| year which
would include such week or, having established a | 17 |
| new benefit year that
includes such week, he is ineligible | 18 |
| for regular benefits by reason of
Section 607 of this Act | 19 |
| or a like provision of any other State
unemployment | 20 |
| compensation law; and
| 21 |
| 2. For such week (a) he has no right to benefits or | 22 |
| allowances, as
the case may be, under the Railroad | 23 |
| Unemployment Insurance Act, or such other
Federal laws as | 24 |
| are specified in regulations of the United States
Secretary | 25 |
| of Labor or other appropriate Federal agency; and (b) he | 26 |
| has
not received and is not seeking benefits under the |
|
|
|
SB1350 Enrolled |
- 29 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| unemployment
compensation law of Canada, except that if he
| 2 |
| is seeking such benefits and the appropriate agency finally | 3 |
| determines
that he is not entitled to benefits under such | 4 |
| law, this clause shall
not apply.
| 5 |
| 3. For the purposes of clauses (a) and (b) of paragraph | 6 |
| 1 of this
subsection, an individual shall be deemed to have | 7 |
| received, with respect
to his current benefit year, the | 8 |
| maximum total amount of benefits to
which he was entitled | 9 |
| or all of the regular benefits to which he had
entitlement, | 10 |
| or all of the regular benefits available to him, as the
| 11 |
| case may be, even though (a) as a result of a pending | 12 |
| reconsideration or
appeal with respect to the "finding" | 13 |
| defined in Section 701, or of a
pending appeal with respect | 14 |
| to wages or employment or both under any
other State | 15 |
| unemployment compensation law, he may subsequently be
| 16 |
| determined to be entitled to more regular benefits; or (b) | 17 |
| by reason of
a seasonality provision in a State | 18 |
| unemployment compensation law which
establishes the weeks | 19 |
| of the year for which regular benefits may be paid
to | 20 |
| individuals on the basis of wages in seasonal employment he | 21 |
| may be
entitled to regular benefits for future weeks but | 22 |
| such benefits are not
payable with respect to the week for | 23 |
| which he is claiming extended
benefits, provided that he is | 24 |
| otherwise an exhaustee under the
provisions of this | 25 |
| subsection with respect to his rights to regular
benefits, | 26 |
| under such seasonality provision, during the portion of the
|
|
|
|
SB1350 Enrolled |
- 30 - |
LRB096 09823 RLC 19986 b |
|
| 1 |
| year in which that week occurs; or (c) having established a | 2 |
| benefit
year, no regular benefits are payable to him with | 3 |
| respect to such year
because his wage credits were | 4 |
| cancelled or his rights to regular
benefits were totally | 5 |
| reduced by reason of the application of a
disqualification | 6 |
| provision of a State unemployment compensation law.
| 7 |
| D. 1. The provisions of Section 607 and the waiting period
| 8 |
| requirements of Section 500D shall not be applicable to any | 9 |
| week with
respect to which benefits are otherwise payable | 10 |
| under this Section.
| 11 |
| 2. An individual shall not cease to be an exhaustee | 12 |
| with respect to
any week solely because he meets the | 13 |
| qualifying wage requirements of
Section 500E for a part of | 14 |
| such week.
| 15 |
| 3. For the purposes of this Section, the "base period" | 16 |
| referred to
in Sections 601 and 602 shall be the base | 17 |
| period with respect to the
benefit year in which the | 18 |
| individual's eligibility period begins.
| 19 |
| E. With respect to any week which begins in his eligibility | 20 |
| period,
an exhaustee's "weekly extended benefit amount" shall | 21 |
| be the same as his
weekly benefit amount during his benefit | 22 |
| year which includes such week or, if
such week is not in a | 23 |
| benefit year, during his applicable
benefit year, as defined in | 24 |
| regulations issued by the United States
Secretary of Labor or | 25 |
| other appropriate Federal agency. If the exhaustee
had more | 26 |
| than one weekly benefit amount during
his benefit year, his |
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LRB096 09823 RLC 19986 b |
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| 1 |
| weekly extended benefit amount with respect to
such week shall | 2 |
| be the latest of such weekly benefit amounts.
| 3 |
| F. 1. An eligible exhaustee shall be entitled, during any | 4 |
| eligibility
period, to a maximum total amount of extended | 5 |
| benefits equal to the
lesser of the following amounts:
| 6 |
| a. 1. Fifty percent of the maximum total amount of | 7 |
| benefits to which he
was entitled under Section 403B during | 8 |
| his applicable benefit year; or
| 9 |
| b. 2. Thirteen times his weekly extended benefit amount | 10 |
| as determined
under subsection E ; or .
| 11 |
| c. Thirty-nine times his or her average weekly extended | 12 |
| benefit amount, reduced by the regular benefits (not | 13 |
| including any dependents' allowances) paid to him or her | 14 |
| during such benefit year. | 15 |
| 2. An eligible exhaustee shall be entitled, during a "high | 16 |
| unemployment period", to a maximum total amount of extended | 17 |
| benefits equal to the lesser of the following amounts: | 18 |
| a. Eighty percent of the maximum total amount of | 19 |
| benefits to which he or she was entitled under Section 403B | 20 |
| during his or her applicable benefit year; | 21 |
| b. Twenty times his or her weekly extended benefit | 22 |
| amount as determined under subsection E; or | 23 |
| c. Forty-six times his or her average weekly extended | 24 |
| benefit amount, reduced by the regular benefits (not | 25 |
| including any dependents' allowances) paid to him or her | 26 |
| during such benefit year. |
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LRB096 09823 RLC 19986 b |
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| 1 |
| For purposes of this paragraph, the term "high unemployment | 2 |
| period" means any period during which (i) clause (b) of | 3 |
| paragraph (2) of subsection A is operative and (ii) an extended | 4 |
| benefit period would be in effect if clause (b) of paragraph | 5 |
| (2) of subsection A of this Section were applied by | 6 |
| substituting "8%" for "6.5%".
| 7 |
| 3. Notwithstanding paragraphs subparagraphs 1 and 2 of this | 8 |
| subsection F, and if
the benefit year of an individual ends | 9 |
| within an extended benefit period,
the remaining balance of | 10 |
| extended benefits that the individual would, but
for this | 11 |
| subsection F, be otherwise entitled to receive in that extended
| 12 |
| benefit period, for weeks of unemployment beginning after the | 13 |
| end of the
benefit year, shall be reduced (but not below zero) | 14 |
| by the product of the
number of weeks for which the individual | 15 |
| received any amounts as trade
readjustment allowances as | 16 |
| defined in the federal Trade Act of 1974 within
that benefit | 17 |
| year multiplied by his weekly benefit amount for extended
| 18 |
| benefits.
| 19 |
| G. 1. A claims adjudicator shall examine the first claim | 20 |
| filed by
an individual with respect to his eligibility | 21 |
| period and, on the basis
of the information in his | 22 |
| possession, shall make an "extended benefits
finding". | 23 |
| Such finding shall state whether or not the individual has | 24 |
| met
the requirement of subsection B(1), is an
exhaustee | 25 |
| and, if he is, his weekly extended benefit amount and the
| 26 |
| maximum total amount of extended benefits to which he is |
|
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LRB096 09823 RLC 19986 b |
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| 1 |
| entitled. The
claims adjudicator shall promptly notify the | 2 |
| individual of his "extended
benefits finding", and shall | 3 |
| promptly notify the individual's most
recent employing | 4 |
| unit , with respect to benefit years beginning on or
after | 5 |
| July 1, 1989 and the individual's last employer (referred | 6 |
| to in Section
1502.1) that the individual has filed a claim | 7 |
| for extended benefits. The
claims adjudicator may | 8 |
| reconsider his "extended benefits finding" at any time
| 9 |
| within one year after the close of the individual's | 10 |
| eligibility period, and
shall promptly notify the | 11 |
| individual of such reconsidered finding. All of the
| 12 |
| provisions of this Act applicable to reviews from findings | 13 |
| or reconsidered
findings made pursuant to Sections 701 and | 14 |
| 703 which are not inconsistent with
the provisions of this | 15 |
| subsection shall be applicable to reviews from extended
| 16 |
| benefits findings and reconsidered extended benefits | 17 |
| findings.
| 18 |
| 2. If, pursuant to the reconsideration or appeal with | 19 |
| respect to a
"finding", referred to in paragraph 3 of | 20 |
| subsection C, an exhaustee is
found to be entitled to more | 21 |
| regular benefits and, by reason thereof, is
entitled to | 22 |
| more extended benefits, the claims adjudicator shall make a
| 23 |
| reconsidered extended benefits finding and shall promptly | 24 |
| notify the
exhaustee thereof.
| 25 |
| H. Whenever an extended benefit period is to begin in this | 26 |
| State because
there is a State "on" indicator, or whenever an |
|
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| 1 |
| extended benefit period is to
end in this State because there | 2 |
| is a State "off" indicator, the Director shall
make an | 3 |
| appropriate public announcement.
| 4 |
| I. Computations required by the provisions of paragraph 4 6 | 5 |
| of subsection A
shall be made by the Director in accordance | 6 |
| with regulations prescribed by the
United States Secretary of | 7 |
| Labor, or other appropriate Federal agency.
| 8 |
| J. 1. Interstate Benefit Payment Plan means the plan | 9 |
| approved by
the Interstate Conference of Employment | 10 |
| Security Agencies under which benefits
shall be payable to | 11 |
| unemployed individuals absent from the state (or states)
in | 12 |
| which benefit credits have been accumulated.
| 13 |
| 2. An individual who commutes from his state of | 14 |
| residence to work in
another state and continues to reside | 15 |
| in such state of residence while filing
his claim for | 16 |
| unemployment insurance under this Section of the Act shall | 17 |
| not be
considered filing a claim under the Interstate | 18 |
| Benefit Payment Plan so long as
he files his claim in and | 19 |
| continues to report to the employment office under
the | 20 |
| regulations applicable to intrastate claimants in the | 21 |
| state in which he was
so employed.
| 22 |
| 3. "State" when used in this subsection includes States | 23 |
| of the United
States of America, the District of Columbia, | 24 |
| Puerto Rico and the Virgin
Islands. For purposes of this | 25 |
| subsection, the term "state" shall also be
construed to | 26 |
| include Canada.
|
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LRB096 09823 RLC 19986 b |
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| 1 |
| 4. Notwithstanding any other provision of this Act, | 2 |
| effective with weeks
beginning on or after June 1, 1981 an | 3 |
| individual shall be eligible for a
maximum of 2 weeks of | 4 |
| benefits payable under this Section after he files
his | 5 |
| initial claim for extended benefits in an extended benefit | 6 |
| period, as
defined in paragraph 1 of subsection A, under | 7 |
| the Interstate Benefit Payment
Plan unless there also | 8 |
| exists an extended benefit period, as defined in
paragraph | 9 |
| 1 of subsection A, in the state where such claim is filed. | 10 |
| Such
maximum eligibility shall continue as long as the | 11 |
| individual continues to
file his claim under the Interstate | 12 |
| Benefit Payment Plan, notwithstanding
that the individual | 13 |
| moves to another state where an extended benefit period
| 14 |
| exists and files for weeks prior to his initial Interstate | 15 |
| claim in that state.
| 16 |
| 5. To assure full tax credit to the employers of this | 17 |
| state against the
tax imposed by the Federal Unemployment | 18 |
| Tax Act, the Director shall take
any action or issue any | 19 |
| regulations necessary in the administration of this
| 20 |
| subsection to insure that its provisions are so interpreted | 21 |
| and applied
as to meet the requirements of such Federal Act | 22 |
| as interpreted by the United
States Secretary of Labor or | 23 |
| other appropriate Federal agency.
| 24 |
| K. 1. Notwithstanding any other provisions of this Act, an | 25 |
| individual
shall be ineligible for the payment of extended | 26 |
| benefits for any week of
unemployment in his eligibility |
|
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LRB096 09823 RLC 19986 b |
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| 1 |
| period if the Director finds that during such
period:
| 2 |
| a. he failed to accept any offer of suitable work | 3 |
| (as defined in
paragraph 3 below) or failed to apply | 4 |
| for any suitable work to which he was
referred by the | 5 |
| Director; or
| 6 |
| b. he failed to actively engage in seeking work as | 7 |
| prescribed under
paragraph 5 below.
| 8 |
| 2. Any individual who has been found ineligible for | 9 |
| extended benefits
by reason of the provisions of paragraph | 10 |
| 1 of this subsection shall be denied
benefits beginning | 11 |
| with the first day of the week in which such failure
has | 12 |
| occurred and until he has been employed in each of 4 | 13 |
| subsequent weeks
(whether or not consecutive) and has | 14 |
| earned remuneration equal to at least
4 times his weekly | 15 |
| benefit amount.
| 16 |
| 3. For purposes of this subsection only, the term | 17 |
| "suitable work" means,
with respect to any individual, any | 18 |
| work which is within such individual's
capabilities, | 19 |
| provided, however, that the gross average weekly | 20 |
| remuneration
payable for the work must exceed the sum of :
| 21 |
| a. must exceed the sum of (i) the individual's | 22 |
| extended weekly benefit amount as determined under
| 23 |
| subsection E above plus
(ii) b. the amount, if any, of | 24 |
| supplemental unemployment benefits (as defined
in | 25 |
| Section 501(c)(17)(D) of the Internal Revenue Code of | 26 |
| 1954) payable to
such individual for such week; and |
|
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LRB096 09823 RLC 19986 b |
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| 1 |
| further,
| 2 |
| b. is c. pays wages not less than the higher of --
| 3 |
| (i) the minimum wage provided by Section 6 | 4 |
| (a)(1) of the Fair Labor
Standards Act of 1938, | 5 |
| without regard to any exemption; or
| 6 |
| (ii) the applicable state or local minimum | 7 |
| wage;
| 8 |
| c. d. provided, however, that no individual shall | 9 |
| be denied extended
benefits for failure to accept an | 10 |
| offer of or apply for any job which meets the
| 11 |
| definition of suitability as described above if:
| 12 |
| (i) the position was not offered to such | 13 |
| individual in writing or was
not listed with the | 14 |
| employment service;
| 15 |
| (ii) such failure could not result in a denial | 16 |
| of benefits under the
definition of suitable work | 17 |
| for regular benefits claimants in Section 603
to | 18 |
| the extent that the criteria of suitability in that | 19 |
| Section are not
inconsistent with the provisions | 20 |
| of this paragraph 3;
| 21 |
| (iii) the individual furnishes satisfactory | 22 |
| evidence to the Director
that his prospects for | 23 |
| obtaining work in his customary occupation within | 24 |
| a
reasonably short period are good. If such | 25 |
| evidence is deemed satisfactory
for this purpose, | 26 |
| the determination of whether any work is suitable |
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LRB096 09823 RLC 19986 b |
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| 1 |
| with
respect to such individual shall be made in | 2 |
| accordance with the definition
of suitable work | 3 |
| for regular benefits in Section 603 without regard | 4 |
| to the
definition specified by this paragraph.
| 5 |
| 4. Notwithstanding the provisions of paragraph 3 to the | 6 |
| contrary, no work
shall be deemed to be suitable work for | 7 |
| an individual which does not accord
with the labor standard | 8 |
| provisions required by Section 3304(a)(5) of the
Internal | 9 |
| Revenue Code of 1954 and set forth herein under Section 603 | 10 |
| of this
Act.
| 11 |
| 5. For the purposes of subparagraph b of paragraph 1, | 12 |
| an individual shall
be treated as actively engaged in | 13 |
| seeking work during any week if --
| 14 |
| a. the individual has engaged in a systematic and | 15 |
| sustained effort to
obtain work during such week, and
| 16 |
| b. the individual furnishes tangible evidence that | 17 |
| he has engaged in
such effort during such week.
| 18 |
| 6. The employment service shall refer any individual | 19 |
| entitled to extended
benefits under this Act to any | 20 |
| suitable work which meets the criteria
prescribed in | 21 |
| paragraph 3.
| 22 |
| 7. Notwithstanding any other provision of this Act, an | 23 |
| individual shall
not be eligible to receive extended | 24 |
| benefits, otherwise payable under this
Section, with | 25 |
| respect to any week of unemployment in his eligibility | 26 |
| period
if such individual has been held ineligible for |
|
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LRB096 09823 RLC 19986 b |
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| 1 |
| benefits under the provisions
of Sections 601, 602 or 603 | 2 |
| of this Act until such individual had requalified
for such | 3 |
| benefits by returning to employment and satisfying the | 4 |
| monetary
requalification provision by earning at least his | 5 |
| weekly benefit amount.
| 6 |
| 8. This subsection shall be effective for weeks | 7 |
| beginning on or after
March 31, 1981, and before March 7, | 8 |
| 1993, and for weeks beginning on or
after January 1, 1995.
| 9 |
| L. The Governor may, if federal law so allows, elect, in | 10 |
| writing, to pay individuals, otherwise eligible for extended | 11 |
| benefits pursuant to this Section, any other federally funded | 12 |
| unemployment benefits, including but not limited to benefits | 13 |
| payable pursuant to the federal Supplemental Appropriations | 14 |
| Act, 2008, as amended, prior to paying them benefits under this | 15 |
| Section. | 16 |
| M. The provisions of this Section, as revised by this | 17 |
| amendatory Act of the 96th General Assembly, are retroactive to | 18 |
| February 22, 2009. The provisions of this amendatory Act of the | 19 |
| 96th General Assembly with regard to subsection L and paragraph | 20 |
| 8 of subsection A clarify authority already provided. | 21 |
| (Source: P.A. 86-3; 87-1266.)
| 22 |
| (820 ILCS 405/601) (from Ch. 48, par. 431) | 23 |
| Sec. 601. Voluntary leaving. | 24 |
| A. An individual shall be ineligible for
benefits for the | 25 |
| week in which he or she has left work voluntarily without good
|
|
|
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LRB096 09823 RLC 19986 b |
|
| 1 |
| cause attributable to the employing unit and, thereafter, until | 2 |
| he or she has become
reemployed and has had earnings equal to | 3 |
| or in excess of his or her current weekly
benefit amount in | 4 |
| each of four calendar weeks which are either for services
in | 5 |
| employment, or have been or will be reported pursuant to the | 6 |
| provisions
of the Federal Insurance Contributions Act by each | 7 |
| employing unit for which
such services are performed and which | 8 |
| submits a statement certifying to that fact.
| 9 |
| B. The provisions of this Section shall not apply to an | 10 |
| individual
who has left work voluntarily:
| 11 |
| 1. Because he or she is deemed physically unable to | 12 |
| perform his or her work by a licensed
and practicing | 13 |
| physician, or because the individual's or has left work | 14 |
| voluntarily upon the advice of
a licensed and practicing | 15 |
| physician that assistance is necessary for the
purpose of | 16 |
| caring for his or her spouse, child, or parent who , | 17 |
| according to a licensed and practicing physician or as | 18 |
| otherwise reasonably verified, is in poor physical
or | 19 |
| mental health or is mentally or physically disabled and the | 20 |
| employer is unable to accommodate the individual's need to | 21 |
| provide such assistance will not allow him to perform the | 22 |
| usual and customary
duties of his employment, and he has | 23 |
| notified the employing unit of the
reasons for his absence ;
| 24 |
| 2. To accept other bona fide work and, after such | 25 |
| acceptance, the individual
is either not unemployed in each | 26 |
| of 2 weeks, or earns remuneration for such
work equal to at |
|
|
|
SB1350 Enrolled |
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LRB096 09823 RLC 19986 b |
|
| 1 |
| least twice his or her current weekly benefit amount;
| 2 |
| 3. In lieu of accepting a transfer to other work | 3 |
| offered to the individual
by the employing unit under the | 4 |
| terms of a collective bargaining agreement
or pursuant to | 5 |
| an established employer plan, program, or policy, if the
| 6 |
| acceptance of such other work by the individual would | 7 |
| require the separation
from that work of another individual | 8 |
| currently performing it;
| 9 |
| 4. Solely because of the sexual harassment of the | 10 |
| individual by another
employee. Sexual harassment means | 11 |
| (1) unwelcome sexual advances, requests
for sexual favors, | 12 |
| sexually motivated physical contact or other conduct
or | 13 |
| communication which is made a term or condition of the | 14 |
| employment or
(2) the employee's submission to or rejection | 15 |
| of such conduct or communication
which is the basis for | 16 |
| decisions affecting employment, or (3) when such
conduct or | 17 |
| communication has the purpose or effect of substantially | 18 |
| interfering
with an individual's work performance or | 19 |
| creating an intimidating, hostile,
or offensive working | 20 |
| environment and the employer knows or should know of
the | 21 |
| existence of the harassment and fails to take timely and | 22 |
| appropriate
action;
| 23 |
| 5. Which he or she had accepted after separation from | 24 |
| other work, and the work
which he or she left voluntarily | 25 |
| would be deemed unsuitable under the provisions
of Section | 26 |
| 603;
|
|
|
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LRB096 09823 RLC 19986 b |
|
| 1 |
| 6. (a) Because the individual left work due to verified | 2 |
| circumstances resulting
from
the individual being a victim | 3 |
| of domestic violence as defined in Section 103 of
the | 4 |
| Illinois Domestic Violence Act of 1986 where the domestic | 5 |
| violence caused the individual to reasonably believe that | 6 |
| his or her continued employment would jeopardize his or her | 7 |
| safety or the safety of his or her spouse, minor child, or | 8 |
| parent ; and provided, such individual has
made reasonable | 9 |
| efforts to preserve the employment.
| 10 |
| For the purposes of this paragraph 6, the individual | 11 |
| shall be treated as
being a victim of domestic violence if | 12 |
| the individual provides the following:
| 13 |
| (i) written notice to the employing unit of the | 14 |
| reason for the
individual's
voluntarily leaving; and
| 15 |
| (ii) to the Department provides:
| 16 |
| (A) an order of protection or other | 17 |
| documentation of equitable relief
issued by a | 18 |
| court of competent jurisdiction; or
| 19 |
| (B) a police report or criminal charges | 20 |
| documenting the domestic
violence; or
| 21 |
| (C) medical documentation of the domestic | 22 |
| violence; or
| 23 |
| (D) evidence of domestic violence from a | 24 |
| member of the clergy, attorney, counselor, social | 25 |
| worker,
health worker or domestic violence shelter | 26 |
| worker.
|
|
|
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LRB096 09823 RLC 19986 b |
|
| 1 |
| (b) If the individual does not meet the provisions of | 2 |
| subparagraph (a), the
individual shall be held to have | 3 |
| voluntarily terminated employment for the
purpose of | 4 |
| determining the individual's eligibility for benefits | 5 |
| pursuant to
subsection A.
| 6 |
| (c) Notwithstanding any other provision to the | 7 |
| contrary, evidence of
domestic violence experienced by an | 8 |
| individual, or his or her spouse, minor child, or parent, | 9 |
| including the individual's
statement and corroborating | 10 |
| evidence, shall not be disclosed by the Department
unless | 11 |
| consent for disclosure is given by the individual.
| 12 |
| 7. Because , due to a change in location of employment | 13 |
| of the individual's spouse, the individual left work to | 14 |
| accompany his or her spouse to a place from which it is | 15 |
| impractical to commute or because the individual left | 16 |
| employment to accompany a spouse who has been reassigned | 17 |
| from one military assignment to another. The employer's | 18 |
| account, however, shall not be charged for any benefits | 19 |
| paid out to the individual who leaves work under a | 20 |
| circumstance described in this paragraph to accompany a | 21 |
| spouse reassigned from one military assignment to another . | 22 |
| C. Within 90 days of the effective date of this amendatory | 23 |
| Act of the 96th General Assembly, the Department shall | 24 |
| promulgate rules, pursuant to the Illinois Administrative | 25 |
| Procedure Act and consistent with Section 903(f)(3)(B) of the | 26 |
| Social Security Act, to clarify and provide guidance regarding |
|
|
|
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LRB096 09823 RLC 19986 b |
|
| 1 |
| eligibility and the prevention of fraud. | 2 |
| (Source: P.A. 95-736, eff. 7-16-08.)
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.
|
|