Full Text of HB4172 98th General Assembly
HB4172ham001 98TH GENERAL ASSEMBLY | Rep. Kelly M. Cassidy Filed: 4/7/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4172
| 2 | | AMENDMENT NO. ______. Amend House Bill 4172 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. A. For the purposes of this | 8 | | Section
"disqualifying income" means:
| 9 | | 1. The entire amount which an individual has received or | 10 | | will
receive with respect to a week in the form of a retirement | 11 | | payment (a)
from an individual or organization (i) for which he
| 12 | | performed services during his base period or which is liable | 13 | | for benefit
charges or payments in lieu of contributions as a | 14 | | result of the payment of
benefits to such individual and (ii) | 15 | | which pays
all of the cost of such retirement payment, or (b) | 16 | | from a trust, annuity
or insurance fund or under an annuity or |
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| 1 | | insurance contract, to or under
which an individual or | 2 | | organization for which he
performed services during his base | 3 | | period or which is liable for benefit
charges or payments in | 4 | | lieu of contributions as a result of the payment of
benefits to | 5 | | such individual pays or has paid
all of the premiums or | 6 | | contributions; and
| 7 | | 2. One-half the amount which an individual has received or | 8 | | will
receive with respect to a week in the form of a retirement | 9 | | payment (a)
from an individual or organization (i) for which he
| 10 | | performed services during his base period or which is liable | 11 | | for benefit
charges or payments in lieu of contributions as a | 12 | | result of the payment of
benefits to such individual and (ii) | 13 | | which pays
some, but not all, of the cost of such retirement | 14 | | payment, or (b) from a
trust, annuity or insurance fund | 15 | | (including primary social security old
age and disability | 16 | | retirement benefits, including those based on
self-employment) | 17 | | or under an annuity or insurance
contract, to or under which an | 18 | | individual or organization for which he
performed
services | 19 | | during his base period or which is liable for benefit charges | 20 | | or
payments in lieu of contributions as a result of the payment | 21 | | of benefits to
such individual pays or has paid some, but not | 22 | | all, of the premiums or
contributions.
| 23 | | 2.1. Notwithstanding paragraphs 1 and 2 above, none of the | 24 | | amount that an individual
has received or will receive with | 25 | | respect to a week in the form of social security old age, | 26 | | survivors, and disability benefits under 42 U.S.C. Section 401 |
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| 1 | | et seq., including those
based on self-employment, shall | 2 | | constitute disqualifying income.
| 3 | | 3. Notwithstanding paragraphs
paragraph 1 , and 2 , and 2.1
| 4 | | above, the
entire amount which an individual has received or | 5 | | will
receive, with respect to any week which begins after March | 6 | | 31, 1980, of
any governmental or other pension, retirement, or | 7 | | retired pay, annuity
or any other similar periodic payment | 8 | | which is based on any previous work
of such individual during | 9 | | his base period or which is liable for benefit
charges or | 10 | | payments in lieu of contributions as a result of the payment of
| 11 | | benefits to such individual. This paragraph shall be in effect | 12 | | only if it is
required as a condition for full tax credit | 13 | | against the tax imposed by
the Federal Unemployment Tax Act.
| 14 | | B. Whenever an individual has received or will receive a | 15 | | retirement
payment for a month, an amount shall be deemed to | 16 | | have been paid him for
each day equal to one-thirtieth of such | 17 | | retirement payment. If the
retirement payment is for a | 18 | | half-month, an amount shall be deemed to
have been paid the | 19 | | individual for each day equal to one-fifteenth of
such | 20 | | retirement payment. If the retirement payment is for any other
| 21 | | period, an amount shall be deemed to have been paid the | 22 | | individual for
each day in such period equal to the retirement | 23 | | payment divided by the
number of days in the period.
| 24 | | C. An individual shall be ineligible for benefits for any | 25 | | week with
respect to which his disqualifying income equals or | 26 | | exceeds his weekly
benefit amount. If such disqualifying income |
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| 1 | | with respect to a week
totals less than the benefits for which | 2 | | he would otherwise be eligible
under this Act, he shall be | 3 | | paid, with respect to such week, benefits
reduced by the amount | 4 | | of such disqualifying income.
| 5 | | D. To assure full tax credit to the employers of this State | 6 | | against
the tax imposed by the Federal Unemployment Tax Act, | 7 | | the Director shall
take any action as may be necessary in the | 8 | | administration of paragraph 3
of subsection A of this Section | 9 | | to insure that
the application of its provisions
conform to the | 10 | | requirements of such Federal Act as interpreted by the United
| 11 | | States Secretary of Labor or other appropriate Federal agency.
| 12 | | (Source: P.A. 86-3.)".
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