Full Text of HB2772 98th General Assembly
HB2772ham001 98TH GENERAL ASSEMBLY | Rep. Donald L. Moffitt Filed: 3/19/2013
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| 1 | | AMENDMENT TO HOUSE BILL 2772
| 2 | | AMENDMENT NO. ______. Amend House Bill 2772 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unemployment Insurance Act is amended by | 5 | | changing
Section 611 as follows:
| 6 | | (820 ILCS 405/611) (from Ch. 48, par. 441)
| 7 | | Sec. 611. Retirement pay. | 8 | | A. For the purposes of this Section
"disqualifying income" | 9 | | means:
| 10 | | 1. The entire amount which an individual has received | 11 | | or will
receive with respect to a week in the form of a | 12 | | retirement payment (a)
from an individual or organization | 13 | | (i) for which he
performed services during his base period | 14 | | or which is liable for benefit
charges or payments in lieu | 15 | | of contributions as a result of the payment of
benefits to | 16 | | such individual and (ii) which pays
all of the cost of such |
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| 1 | | retirement payment, or (b) from a trust, annuity
or | 2 | | insurance fund or under an annuity or insurance contract, | 3 | | to or under
which an individual or organization for which | 4 | | he
performed services during his base period or which is | 5 | | liable for benefit
charges or payments in lieu of | 6 | | contributions as a result of the payment of
benefits to | 7 | | such individual pays or has paid
all of the premiums or | 8 | | contributions; and
| 9 | | 2. One-half the amount which an individual has received | 10 | | or will
receive with respect to a week in the form of a | 11 | | retirement payment (a)
from an individual or organization | 12 | | (i) for which he
performed services during his base period | 13 | | or which is liable for benefit
charges or payments in lieu | 14 | | of contributions as a result of the payment of
benefits to | 15 | | such individual and (ii) which pays
some, but not all, of | 16 | | the cost of such retirement payment, or (b) from a
trust, | 17 | | annuity or insurance fund (including , except as provided in | 18 | | paragraph 2.1, primary social security old
age and | 19 | | disability retirement benefits, including those based on
| 20 | | self-employment) or under an annuity or insurance
| 21 | | contract, to or under which an individual or organization | 22 | | for which he
performed
services during his base period or | 23 | | which is liable for benefit charges or
payments in lieu of | 24 | | contributions as a result of the payment of benefits to
| 25 | | such individual pays or has paid some, but not all, of the | 26 | | premiums or
contributions.
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| 1 | | 2.1. Notwithstanding paragraphs 1 and 2 above, none of | 2 | | the amount that a volunteer firefighter or volunteer | 3 | | ambulance worker
has received or will receive with respect | 4 | | to a week in the form of primary
social security old age | 5 | | and disability retirement benefits, including those
based | 6 | | on self-employment, shall constitute disqualifying income.
| 7 | | 3. Notwithstanding paragraphs
paragraph 1 , 2 and 2.1
2
| 8 | | above, the
entire amount which an individual has received | 9 | | or will
receive, with respect to any week which begins | 10 | | after March 31, 1980, of
any governmental or other pension, | 11 | | retirement, or retired pay, annuity
or any other similar | 12 | | periodic payment which is based on any previous work
of | 13 | | such individual during his base period or which is liable | 14 | | for benefit
charges or payments in lieu of contributions as | 15 | | a result of the payment of
benefits to such individual. | 16 | | This paragraph shall be in effect only if it is
required as | 17 | | a condition for full tax credit against the tax imposed by
| 18 | | the Federal Unemployment Tax Act.
| 19 | | B. Whenever an individual has received or will receive a | 20 | | retirement
payment for a month, an amount shall be deemed to | 21 | | have been paid him for
each day equal to one-thirtieth of such | 22 | | retirement payment. If the
retirement payment is for a | 23 | | half-month, an amount shall be deemed to
have been paid the | 24 | | individual for each day equal to one-fifteenth of
such | 25 | | retirement payment. If the retirement payment is for any other
| 26 | | period, an amount shall be deemed to have been paid the |
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| 1 | | individual for
each day in such period equal to the retirement | 2 | | payment divided by the
number of days in the period.
| 3 | | C. An individual shall be ineligible for benefits for any | 4 | | week with
respect to which his disqualifying income equals or | 5 | | exceeds his weekly
benefit amount. If such disqualifying income | 6 | | with respect to a week
totals less than the benefits for which | 7 | | he would otherwise be eligible
under this Act, he shall be | 8 | | paid, with respect to such week, benefits
reduced by the amount | 9 | | of such disqualifying income.
| 10 | | D. To assure full tax credit to the employers of this State | 11 | | against
the tax imposed by the Federal Unemployment Tax Act, | 12 | | the Director shall
take any action as may be necessary in the | 13 | | administration of paragraph 3
of subsection A of this Section | 14 | | to insure that
the application of its provisions
conform to the | 15 | | requirements of such Federal Act as interpreted by the United
| 16 | | States Secretary of Labor or other appropriate Federal agency.
| 17 | | (Source: P.A. 86-3.)".
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