Full Text of SB1698 102nd General Assembly
SB1698enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 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 Sections 235, 401, 403, 1400.1, 1505, 1506.6, and | 6 | | 2101.1 as follows: | 7 | | (820 ILCS 405/235) (from Ch. 48, par. 345) | 8 | | Sec. 235. | 9 | | (I) If and only if funds from the State treasury are not | 10 | | appropriated on or before January 31, 2023 that are dedicated | 11 | | to pay all outstanding advances made to the State's account in | 12 | | the Unemployment Trust Fund pursuant to Title XII of the | 13 | | federal Social Security Act, then
this Part (I) is inoperative | 14 | | retroactive to January 1, 2023. | 15 | | The term "wages" does not include:
| 16 | | A. With respect to calendar years prior to calendar year | 17 | | 2023, the maximum amount includable as "wages" shall be | 18 | | determined pursuant to this Section as in effect prior to the | 19 | | effective date of this amendatory Act of the 102nd General | 20 | | Assembly. | 21 | | With respect to the calendar year 2023,
the term "wages" | 22 | | shall include only the remuneration paid to an
individual by | 23 | | an employer during that period with respect to employment
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| 1 | | which does not exceed $13,271. | 2 | | With respect to the calendar year 2024, the term "wages" | 3 | | shall include only the remuneration paid to an individual by | 4 | | an employer during that period with respect to employment | 5 | | which does not exceed $13,590. | 6 | | With respect to the calendar year 2025, the term "wages" | 7 | | shall include only the remuneration paid to an individual by | 8 | | an employer during that period with respect to employment | 9 | | which does not exceed $13,916. | 10 | | With respect to the calendar year 2026, the term "wages" | 11 | | shall include only the remuneration paid to an individual by | 12 | | an employer during that period with respect to employment | 13 | | which does not exceed $14,250. | 14 | | With respect to the calendar year 2027, and each calendar | 15 | | year thereafter, the term "wages" shall include only the | 16 | | remuneration paid to an individual by an employer during that | 17 | | period with respect to employment which does not exceed | 18 | | $14,592. | 19 | | The remuneration paid to an
individual by an employer with | 20 | | respect to employment in another State or
States, upon which | 21 | | contributions were required of such employer under an
| 22 | | unemployment compensation law of such other State or States, | 23 | | shall be
included as a part of the remuneration herein
| 24 | | referred to. For the purposes of this
subsection, any | 25 | | employing unit which succeeds to the organization,
trade, or | 26 | | business, or to substantially all of the assets of another
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| 1 | | employing unit, or to the organization, trade, or business, or | 2 | | to
substantially all of the assets of a distinct severable | 3 | | portion of
another employing unit, shall be treated as a | 4 | | single unit with its
predecessor for the calendar year in | 5 | | which such succession occurs;
any employing unit which is | 6 | | owned or controlled by the same interests
which own or control | 7 | | another employing unit shall be treated as a single
unit with | 8 | | the unit so owned or controlled by such interests for any
| 9 | | calendar year throughout which such ownership or control | 10 | | exists; and, with respect to any trade or business transfer | 11 | | subject to subsection A of Section 1507.1, a transferee, as | 12 | | defined in subsection G of Section 1507.1, shall be treated as | 13 | | a single unit with the transferor, as defined in subsection G | 14 | | of Section 1507.1, for the calendar year in which the transfer | 15 | | occurs. This
subsection applies only to Sections 1400, 1405A, | 16 | | and 1500. | 17 | | A-1. (Blank). | 18 | | B. The amount of any payment (including any amount paid by | 19 | | an
employer for insurance or annuities, or into a fund, to | 20 | | provide for any
such payment), made to, or on behalf of, an | 21 | | individual or any of his
dependents under a plan or system | 22 | | established by an employer which makes
provision generally for | 23 | | individuals performing services for him (or for
such | 24 | | individuals generally and their dependents) or for a class or
| 25 | | classes of such individuals (or for a class or classes of such
| 26 | | individuals and their dependents), on account of (1)
sickness |
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| 1 | | or accident disability (except those sickness or accident
| 2 | | disability payments which would be includable as "wages" in | 3 | | Section
3306(b)(2)(A) of the Federal Internal Revenue Code of | 4 | | 1954, in effect on
January 1, 1985, such includable payments | 5 | | to be attributable in such manner
as provided by Section | 6 | | 3306(b) of the Federal Internal Revenue Code of
1954, in | 7 | | effect on January 1, 1985), or (2) medical or hospitalization
| 8 | | expenses in connection with sickness or accident disability, | 9 | | or (3) death. | 10 | | C. Any payment made to, or on behalf of, an employee or his
| 11 | | beneficiary which would be excluded from "wages" by | 12 | | subparagraph (A), (B),
(C), (D), (E), (F) or (G), of Section | 13 | | 3306(b)(5) of the Federal Internal
Revenue Code of 1954, in | 14 | | effect on January 1, 1985.
| 15 | | D. The amount of any payment on account of sickness or | 16 | | accident
disability, or medical or hospitalization expenses in | 17 | | connection with
sickness or accident disability, made by an | 18 | | employer to, or on behalf
of, an individual performing | 19 | | services for him after the expiration of
six calendar months | 20 | | following the last calendar month in which the
individual | 21 | | performed services for such employer. | 22 | | E. Remuneration paid in any medium other than cash by an | 23 | | employing unit
to an individual for service in agricultural | 24 | | labor as defined in Section 214.
| 25 | | F. The amount of any supplemental payment made by an | 26 | | employer to an
individual performing services for him, other |
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| 1 | | than remuneration for services
performed, under a shared work | 2 | | plan approved by the Director pursuant to
Section 407.1.
| 3 | | (II) This Part (II) becomes operative if and only if funds | 4 | | from the State treasury are not appropriated on or before | 5 | | January 31, 2023 that are dedicated to pay all outstanding | 6 | | advances made to the State's account in the Unemployment Trust | 7 | | Fund pursuant to Title XII of the federal Social Security Act. | 8 | | If this Part (II) becomes operative, it is operative | 9 | | retroactive to January 1, 2023.
| 10 | | The term "wages" does not include:
| 11 | | A. With respect to calendar years prior to calendar year | 12 | | 2004, the maximum amount includable as "wages" shall be | 13 | | determined pursuant to this Section as in effect on January 1, | 14 | | 2006.
| 15 | | With respect to the calendar year 2004,
the term "wages" | 16 | | shall include only the remuneration paid to an
individual by | 17 | | an employer during that period with respect to employment
| 18 | | which does not exceed $9,800.
With respect to the calendar | 19 | | years 2005 through 2009, the term "wages" shall
include only | 20 | | the remuneration paid to an individual by an employer during | 21 | | that
period with respect to employment which does not exceed | 22 | | the following amounts:
$10,500 with respect to the calendar | 23 | | year 2005; $11,000 with respect to the
calendar year 2006; | 24 | | $11,500 with respect to the calendar year 2007; $12,000
with | 25 | | respect to the calendar year 2008; and $12,300 with respect to | 26 | | the
calendar
year 2009.
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| 1 | | With respect to the calendar years 2010, 2011, 2020, and | 2 | | each calendar year thereafter, the
term "wages" shall include | 3 | | only the remuneration paid to an individual by an
employer | 4 | | during that period with respect to employment which does not | 5 | | exceed
the sum of the wage base adjustment applicable to that | 6 | | year pursuant to Section
1400.1, plus the maximum amount | 7 | | includable as "wages" pursuant to this
subsection with respect | 8 | | to the immediately preceding calendar year. With respect to | 9 | | calendar year 2012, to offset the loss of revenue to the | 10 | | State's account in the unemployment trust fund with respect to | 11 | | the first quarter of calendar year 2011 as a result of Section | 12 | | 1506.5 and the changes made by this amendatory Act of the 97th | 13 | | General Assembly to Section 1506.3, the term "wages" shall | 14 | | include only the remuneration paid to an individual by an | 15 | | employer during that period with respect to employment which | 16 | | does not exceed $13,560.
Except as otherwise provided in | 17 | | subsection A-1, with respect to calendar year 2013, the term | 18 | | "wages" shall include only the remuneration paid to an | 19 | | individual by an employer during that period with respect to | 20 | | employment which does not exceed $12,900. With respect to the | 21 | | calendar years 2014 through 2019, the term "wages" shall | 22 | | include only the remuneration paid to an individual by an | 23 | | employer during that period with respect to employment which | 24 | | does not exceed $12,960. Notwithstanding any provision to the | 25 | | contrary, the maximum amount includable as
"wages" pursuant to | 26 | | this Section shall not be less than $12,300 or greater than
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| 1 | | $12,960 with respect to any calendar year after calendar year | 2 | | 2009 except calendar year 2012 and except as otherwise | 3 | | provided in subsection A-1.
| 4 | | The remuneration paid to an
individual by an employer with | 5 | | respect to employment in another State or
States, upon which | 6 | | contributions were required of such employer under an
| 7 | | unemployment compensation law of such other State or States, | 8 | | shall be
included as a part of the remuneration herein
| 9 | | referred to. For the purposes of this
subsection, any | 10 | | employing unit which succeeds to the organization,
trade, or | 11 | | business, or to substantially all of the assets of another
| 12 | | employing unit, or to the organization, trade, or business, or | 13 | | to
substantially all of the assets of a distinct severable | 14 | | portion of
another employing unit, shall be treated as a | 15 | | single unit with its
predecessor for the calendar year in | 16 | | which such succession occurs;
any employing unit which is | 17 | | owned or controlled by the same interests
which own or control | 18 | | another employing unit shall be treated as a single
unit with | 19 | | the unit so owned or controlled by such interests for any
| 20 | | calendar year throughout which such ownership or control | 21 | | exists; and, with respect to any trade or business transfer | 22 | | subject to subsection A of Section 1507.1, a transferee, as | 23 | | defined in subsection G of Section 1507.1, shall be treated as | 24 | | a single unit with the transferor, as defined in subsection G | 25 | | of Section 1507.1, for the calendar year in which the transfer | 26 | | occurs. This
subsection applies only to Sections 1400, 1405A, |
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| 1 | | and 1500.
| 2 | | A-1. If, by March 1, 2013, the payments attributable to | 3 | | the changes to subsection A by this or any subsequent | 4 | | amendatory Act of the 97th General Assembly do not equal or | 5 | | exceed the loss to this State's account in the unemployment | 6 | | trust fund as a result of Section 1506.5 and the changes made | 7 | | to Section 1506.3 by this or any subsequent amendatory Act of | 8 | | the 97th General Assembly, including unrealized interest, | 9 | | then, with respect to calendar year 2013, the term "wages" | 10 | | shall include only the remuneration paid to an individual by | 11 | | an employer during that period with respect to employment | 12 | | which does not exceed $13,560. | 13 | | B. The amount of any payment (including any amount paid by | 14 | | an
employer for insurance or annuities, or into a fund, to | 15 | | provide for any
such payment), made to, or on behalf of, an | 16 | | individual or any of his
dependents under a plan or system | 17 | | established by an employer which makes
provision generally for | 18 | | individuals performing services for him (or for
such | 19 | | individuals generally and their dependents) or for a class or
| 20 | | classes of such individuals (or for a class or classes of such
| 21 | | individuals and their dependents), on account of (1)
sickness | 22 | | or accident disability (except those sickness or accident
| 23 | | disability payments which would be includable as "wages" in | 24 | | Section
3306(b)(2)(A) of the Federal Internal Revenue Code of | 25 | | 1954, in effect on
January 1, 1985, such includable payments | 26 | | to be attributable in such manner
as provided by Section |
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| 1 | | 3306(b) of the Federal Internal Revenue Code of
1954, in | 2 | | effect on January 1, 1985), or (2) medical or hospitalization
| 3 | | expenses in connection with sickness or accident disability, | 4 | | or (3) death.
| 5 | | C. Any payment made to, or on behalf of, an employee or his
| 6 | | beneficiary which would be excluded from "wages" by | 7 | | subparagraph (A), (B),
(C), (D), (E), (F) or (G), of Section | 8 | | 3306(b)(5) of the Federal Internal
Revenue Code of 1954, in | 9 | | effect on January 1, 1985.
| 10 | | D. The amount of any payment on account of sickness or | 11 | | accident
disability, or medical or hospitalization expenses in | 12 | | connection with
sickness or accident disability, made by an | 13 | | employer to, or on behalf
of, an individual performing | 14 | | services for him after the expiration of
six calendar months | 15 | | following the last calendar month in which the
individual | 16 | | performed services for such employer.
| 17 | | E. Remuneration paid in any medium other than cash by an | 18 | | employing unit
to an individual for service in agricultural | 19 | | labor as defined in Section 214.
| 20 | | F. The amount of any supplemental payment made by an | 21 | | employer to an
individual performing services for him, other | 22 | | than remuneration for services
performed, under a shared work | 23 | | plan approved by the Director pursuant to
Section 407.1.
| 24 | | (Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11.)
| 25 | | (820 ILCS 405/401) (from Ch. 48, par. 401) |
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| 1 | | Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
| 2 | | (I) If and only if funds from the State treasury are not | 3 | | appropriated on or before January 31, 2023 that are dedicated | 4 | | to pay all outstanding advances made to the State's account in | 5 | | the Unemployment Trust Fund pursuant to Title XII of the | 6 | | federal Social Security Act, then
this Part (I) is inoperative | 7 | | retroactive to January 1, 2023. | 8 | | A. With respect to any week beginning in a benefit year | 9 | | beginning prior to January 4, 2004, an
individual's weekly | 10 | | benefit amount shall be an amount equal to the weekly
benefit | 11 | | amount as defined in the provisions of this Act as amended and | 12 | | in effect on November 18, 2011.
| 13 | | B. 1.
With respect to any benefit year beginning on or | 14 | | after January 4, 2004 and
before January 6, 2008, an | 15 | | individual's weekly benefit amount shall be 48% of
his or her | 16 | | prior average weekly wage, rounded (if not already a multiple | 17 | | of one
dollar) to the next higher dollar; provided, however, | 18 | | that the weekly benefit
amount cannot exceed the maximum | 19 | | weekly benefit amount and cannot be less than
$51. Except as | 20 | | otherwise provided in this Section, with respect to any | 21 | | benefit year beginning on or after January 6, 2008, an
| 22 | | individual's weekly benefit amount shall be 47% of his or her | 23 | | prior average
weekly wage, rounded (if not already a multiple | 24 | | of one dollar) to the next
higher dollar; provided, however, | 25 | | that the weekly benefit amount cannot exceed
the maximum | 26 | | weekly benefit amount and cannot be less than $51.
With |
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| 1 | | respect to any benefit year beginning on or after January 1, | 2 | | 2025 2023 and before January 1, 2026 2024 , an individual's | 3 | | weekly benefit amount shall be 40.6% 42.4% of his or her prior | 4 | | average weekly wage, rounded (if not already a multiple of one | 5 | | dollar) to the next higher dollar; provided, however, that the | 6 | | weekly benefit amount cannot exceed the maximum weekly benefit | 7 | | amount and cannot be less than $51.
| 8 | | 2. For the purposes of this subsection:
| 9 | | An
individual's "prior average weekly wage" means the | 10 | | total wages for insured
work paid to that individual during | 11 | | the 2 calendar quarters of his base
period in which such total | 12 | | wages were highest, divided by 26. If
the quotient is not | 13 | | already a multiple of one dollar, it shall be
rounded to the | 14 | | nearest dollar; however if the quotient is equally near
2 | 15 | | multiples of one dollar, it shall be rounded to the higher | 16 | | multiple of
one dollar.
| 17 | | "Determination date" means June 1 and December 1 of each | 18 | | calendar year except that, for the purposes
of this Act only, | 19 | | there shall be no June 1 determination date in any
year.
| 20 | | "Determination period" means, with respect to each June 1 | 21 | | determination
date, the 12 consecutive calendar months ending | 22 | | on the immediately preceding
December 31 and, with respect to | 23 | | each December 1 determination date, the
12 consecutive | 24 | | calendar months ending on the immediately preceding June 30.
| 25 | | "Benefit period" means the 12 consecutive calendar month | 26 | | period
beginning on the first day of the first calendar month |
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| 1 | | immediately following
a determination date, except that, with | 2 | | respect to any calendar year
in which there is a June 1 | 3 | | determination date, "benefit period" shall mean
the 6 | 4 | | consecutive calendar month period beginning on the first day | 5 | | of the first
calendar month immediately following the | 6 | | preceding December 1 determination
date and the 6 consecutive | 7 | | calendar month period beginning on the first
day of the first | 8 | | calendar month immediately following the June 1 determination
| 9 | | date.
| 10 | | "Gross wages" means all the wages paid to individuals | 11 | | during the
determination period immediately preceding a | 12 | | determination date for
insured work, and reported to the | 13 | | Director by employers prior to the
first day of the third | 14 | | calendar month preceding that date.
| 15 | | "Covered employment" for any calendar month means the | 16 | | total number of
individuals, as determined by the Director, | 17 | | engaged in insured work at
mid-month.
| 18 | | "Average monthly covered employment" means one-twelfth of | 19 | | the sum of
the covered employment for the 12 months of a | 20 | | determination period.
| 21 | | "Statewide average annual wage" means the quotient, | 22 | | obtained by
dividing gross wages by average monthly covered | 23 | | employment for the same
determination period, rounded (if not | 24 | | already a multiple of one cent) to
the nearest cent.
| 25 | | "Statewide average weekly wage" means the quotient, | 26 | | obtained by
dividing the statewide average annual wage by 52, |
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| 1 | | rounded (if not
already a multiple of one cent) to the nearest | 2 | | cent. Notwithstanding any provision of this Section to the | 3 | | contrary, the statewide average weekly wage for any benefit | 4 | | period prior to calendar year 2012 shall be as determined by | 5 | | the provisions of this Act as amended and in effect on November | 6 | | 18, 2011. Notwithstanding any
provisions of this Section to | 7 | | the contrary, the statewide average weekly
wage for the | 8 | | benefit period of calendar year 2012 shall be $856.55 and for | 9 | | each calendar year
thereafter, the
statewide average weekly | 10 | | wage shall be the statewide
average weekly wage, as determined | 11 | | in accordance with
this sentence, for the immediately | 12 | | preceding benefit
period plus (or minus) an amount equal to | 13 | | the percentage
change in the statewide average weekly wage, as | 14 | | computed
in accordance with the first sentence of this | 15 | | paragraph,
between the 2 immediately preceding benefit | 16 | | periods,
multiplied by the statewide average weekly wage, as
| 17 | | determined in accordance with this sentence, for the
| 18 | | immediately preceding benefit period.
However, for purposes of | 19 | | the
Workers'
Compensation Act, the statewide average weekly | 20 | | wage will be computed
using June 1 and December 1 | 21 | | determination dates of each calendar year and
such | 22 | | determination shall not be subject to the limitation of the | 23 | | statewide average weekly wage as
computed in accordance with | 24 | | the preceding sentence of this
paragraph.
| 25 | | With respect to any week beginning in a benefit year | 26 | | beginning prior to January 4, 2004, "maximum weekly benefit |
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| 1 | | amount" with respect to each week beginning within a benefit | 2 | | period shall be as defined in the provisions of this Act as | 3 | | amended and in effect on November 18, 2011.
| 4 | | With respect to any benefit year beginning on or after | 5 | | January 4, 2004 and
before January 6, 2008, "maximum weekly | 6 | | benefit amount" with respect to each
week beginning within a | 7 | | benefit period means 48% of the statewide average
weekly wage, | 8 | | rounded (if not already a multiple of one dollar) to the next
| 9 | | higher dollar.
| 10 | | Except as otherwise provided in this Section, with respect | 11 | | to any benefit year beginning on or after January 6, 2008,
| 12 | | "maximum weekly benefit amount" with respect to each week | 13 | | beginning within a
benefit period means 47% of the statewide | 14 | | average weekly wage, rounded (if not
already a multiple of one | 15 | | dollar) to the next higher dollar.
| 16 | | With respect to any benefit year beginning on or after | 17 | | January 1, 2025 2023 and before January 1, 2026 2024 , "maximum | 18 | | weekly benefit amount" with respect to each week beginning | 19 | | within a benefit period means 40.6% 42.4% of the statewide | 20 | | average weekly wage, rounded (if not already a multiple of one | 21 | | dollar) to the next higher dollar. | 22 | | C. With respect to any week beginning in a benefit year | 23 | | beginning prior to January 4, 2004, an individual's | 24 | | eligibility for a dependent allowance with respect to a | 25 | | nonworking spouse or one or more dependent children shall be | 26 | | as defined by the provisions of this Act as amended and in |
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| 1 | | effect on November 18, 2011.
| 2 | | With respect to any benefit year beginning on or after | 3 | | January 4, 2004 and
before January 6, 2008, an individual to | 4 | | whom benefits are payable with respect
to any week shall, in | 5 | | addition to those benefits, be paid, with respect to such
| 6 | | week, as follows: in the case of an individual with a | 7 | | nonworking spouse, 9% of
his or her prior average weekly wage, | 8 | | rounded (if not already a multiple of one
dollar) to the next | 9 | | higher dollar, provided, that the total amount payable to
the | 10 | | individual with respect to a week shall not exceed 57% of the | 11 | | statewide
average weekly wage, rounded (if not already a | 12 | | multiple of one dollar) to the
next higher dollar; and in the | 13 | | case of an individual with a dependent child or
dependent | 14 | | children, 17.2% of his or her prior average weekly wage, | 15 | | rounded (if
not already a multiple of one dollar) to the next | 16 | | higher dollar, provided that
the total amount payable to the | 17 | | individual with respect to a week shall not
exceed 65.2% of the | 18 | | statewide average weekly wage, rounded (if not already a
| 19 | | multiple of one dollar) to the next higher dollar.
| 20 | | With respect to any benefit year beginning on or after | 21 | | January 6, 2008 and before January 1, 2010, an
individual to | 22 | | whom benefits are payable with respect to any week shall, in
| 23 | | addition to those benefits, be paid, with respect to such | 24 | | week, as follows: in
the case of an individual with a | 25 | | nonworking spouse, 9% of his or her prior
average weekly wage, | 26 | | rounded (if not already a multiple of one dollar) to the
next |
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| 1 | | higher dollar, provided, that the total amount payable
to the | 2 | | individual with respect to a week shall not exceed 56% of the | 3 | | statewide
average weekly wage, rounded (if not already a | 4 | | multiple of one dollar) to the
next higher dollar; and in the | 5 | | case of an individual with a dependent child or
dependent | 6 | | children, 18.2% of his or her prior average weekly wage, | 7 | | rounded (if
not already a multiple of one dollar) to the next | 8 | | higher dollar, provided that
the total amount payable to the | 9 | | individual with respect to a week
shall not exceed 65.2% of the | 10 | | statewide average weekly wage, rounded (if not
already a | 11 | | multiple of one dollar) to the next higher dollar. | 12 | | The additional
amount paid pursuant to this subsection in | 13 | | the case of an individual with a
dependent child or dependent | 14 | | children shall be referred to as the "dependent
child | 15 | | allowance", and the percentage rate by which an individual's | 16 | | prior average weekly wage is multiplied pursuant to this | 17 | | subsection to calculate the dependent child allowance shall be | 18 | | referred to as the "dependent child allowance rate". | 19 | | Except as otherwise provided in this Section, with respect | 20 | | to any benefit year beginning on or after January 1, 2010, an | 21 | | individual to whom benefits are payable with respect to any | 22 | | week shall, in addition to those benefits, be paid, with | 23 | | respect to such week, as follows: in the case of an individual | 24 | | with a nonworking spouse, the greater of (i) 9% of his or her | 25 | | prior average weekly wage, rounded (if not already a multiple | 26 | | of one dollar) to the next higher dollar, or (ii) $15, provided |
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| 1 | | that the total amount payable to the individual with respect | 2 | | to a week shall not exceed 56% of the statewide average weekly | 3 | | wage, rounded (if not already a multiple of one dollar) to the | 4 | | next higher dollar; and in the case of an individual with a | 5 | | dependent child or dependent children, the greater of (i) the | 6 | | product of the dependent child allowance rate multiplied by | 7 | | his or her prior average weekly wage, rounded (if not already a | 8 | | multiple of one dollar) to the next higher dollar, or (ii) the | 9 | | lesser of $50 or 50% of his or her weekly benefit amount, | 10 | | rounded (if not already a multiple of one dollar) to the next | 11 | | higher dollar, provided that the total amount payable to the | 12 | | individual with respect to a week shall not exceed the product | 13 | | of the statewide average weekly wage multiplied by the sum of | 14 | | 47% plus the dependent child allowance rate, rounded (if not | 15 | | already a multiple of one dollar) to the next higher dollar. | 16 | | With respect to any benefit year beginning on or after | 17 | | January 1, 2025 2023 and before January 1, 2026 2024 , an | 18 | | individual to whom benefits are payable with respect to any | 19 | | week shall, in addition to those benefits, be paid, with | 20 | | respect to such week, as follows: in the case of an individual | 21 | | with a nonworking spouse, the greater of (i) 9% of his or her | 22 | | prior average weekly wage, rounded (if not already a multiple | 23 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 24 | | that the total amount payable to the individual with respect | 25 | | to a week shall not exceed 49.6% 51.4% of the statewide average | 26 | | weekly wage, rounded (if not already a multiple of one dollar) |
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| 1 | | to the next higher dollar; and in the case of an individual | 2 | | with a dependent child or dependent children, the greater of | 3 | | (i) the product of the dependent child allowance rate | 4 | | multiplied by his or her prior average weekly wage, rounded | 5 | | (if not already a multiple of one dollar) to the next higher | 6 | | dollar, or (ii) the lesser of $50 or 50% of his or her weekly | 7 | | benefit amount, 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 the product of the statewide average weekly wage | 11 | | multiplied by the sum of 40.6% 42.4% plus the dependent child | 12 | | allowance rate, rounded (if not already a multiple of one | 13 | | dollar) to the next higher dollar. | 14 | | With respect to each benefit year beginning after calendar | 15 | | year 2012, the
dependent child allowance rate shall be the sum | 16 | | of the allowance adjustment
applicable pursuant to Section | 17 | | 1400.1 to the calendar year in which the benefit
year begins, | 18 | | plus the dependent child
allowance rate with respect to each | 19 | | benefit year beginning in the immediately
preceding calendar | 20 | | year, except as otherwise provided in this subsection. The | 21 | | dependent
child allowance rate with respect to each benefit | 22 | | year beginning in calendar year 2010 shall be 17.9%.
The | 23 | | dependent child allowance rate with respect to each benefit | 24 | | year beginning in calendar year 2011 shall be 17.4%. The | 25 | | dependent child allowance rate with respect to each benefit | 26 | | year beginning in calendar year 2012 shall be 17.0% and, with |
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| 1 | | respect to each benefit year beginning after calendar year | 2 | | 2012, 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; | 18 | | and
who, on the first day of such week (a) is under 18 years of | 19 | | age, or (b)
is, and has been during the immediately preceding | 20 | | 90 days, unable to
work because of illness or other | 21 | | disability: provided, that no person
who has been determined | 22 | | to be a child of an individual who has been
allowed benefits | 23 | | with respect to a week in the individual's benefit
year shall | 24 | | be deemed to be a child of the other parent, and no other
| 25 | | person shall be determined to be a child of such other parent, | 26 | | during
the remainder of that benefit year.
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| 1 | | "Nonworking spouse" means the lawful husband or wife of an | 2 | | individual
claiming benefits under this Act, for whom more | 3 | | than 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 | 6 | | less than 90 days) immediately preceding any week with
respect | 7 | | to 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 | | (II) This Part (II) becomes operative if and only if funds | 17 | | from the State treasury are not appropriated on or before | 18 | | January 31, 2023 that are dedicated to pay all outstanding | 19 | | advances made to the State's account in the Unemployment Trust | 20 | | Fund pursuant to Title XII of the federal Social Security Act. | 21 | | If this Part (II) becomes operative, it is operative | 22 | | retroactive to January 1, 2023. | 23 | | A. With respect to any week beginning in a benefit year | 24 | | beginning prior to January 4, 2004, an
individual's weekly | 25 | | benefit amount shall be an amount equal to the weekly
benefit | 26 | | amount as defined in the provisions of this Act as amended and |
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| 1 | | in effect on November 18, 2011.
| 2 | | B. 1.
With respect to any benefit year beginning on or | 3 | | after January 4, 2004 and
before January 6, 2008, an | 4 | | individual's weekly benefit amount shall be 48% of
his or her | 5 | | prior average weekly wage, rounded (if not already a multiple | 6 | | of one
dollar) to the next higher dollar; provided, however, | 7 | | that the weekly benefit
amount cannot exceed the maximum | 8 | | weekly benefit amount and cannot be less than
$51. Except as | 9 | | otherwise provided in this Section, with respect to any | 10 | | benefit year beginning on or after January 6, 2008, an
| 11 | | individual's weekly benefit amount shall be 47% of his or her | 12 | | prior average
weekly wage, rounded (if not already a multiple | 13 | | of one dollar) to the next
higher dollar; provided, however, | 14 | | that the weekly benefit amount cannot exceed
the maximum | 15 | | weekly benefit amount and cannot be less than $51.
With | 16 | | respect to any benefit year beginning on or after January 1, | 17 | | 2024 and before January 1, 2025, an individual's weekly | 18 | | benefit amount shall be 40.6% of his or her prior average | 19 | | weekly wage, rounded (if not already a multiple of one dollar) | 20 | | to the next higher dollar; provided, however, that the weekly | 21 | | benefit amount cannot exceed the maximum weekly benefit amount | 22 | | and cannot be less than $51. | 23 | | 2. For the purposes of this subsection:
| 24 | | An
individual's "prior average weekly wage" means the | 25 | | total wages for insured
work paid to that individual during | 26 | | the 2 calendar quarters of his base
period in which such total |
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| 1 | | wages were highest, divided by 26. If
the quotient is not | 2 | | already a multiple of one dollar, it shall be
rounded to the | 3 | | nearest dollar; however if the quotient is equally near
2 | 4 | | multiples of one dollar, it shall be rounded to the higher | 5 | | multiple of
one dollar.
| 6 | | "Determination date" means June 1 and December 1 of each | 7 | | calendar year except that, for the purposes
of this Act only, | 8 | | there shall be no June 1 determination date in any
year.
| 9 | | "Determination period" means, with respect to each June 1 | 10 | | determination
date, the 12 consecutive calendar months ending | 11 | | on the immediately preceding
December 31 and, with respect to | 12 | | each December 1 determination date, the
12 consecutive | 13 | | calendar months ending on the immediately preceding June 30.
| 14 | | "Benefit period" means the 12 consecutive calendar month | 15 | | period
beginning on the first day of the first calendar month | 16 | | immediately following
a determination date, except that, with | 17 | | respect to any calendar year
in which there is a June 1 | 18 | | determination date, "benefit period" shall mean
the 6 | 19 | | consecutive calendar month period beginning on the first day | 20 | | of the first
calendar month immediately following the | 21 | | preceding December 1 determination
date and the 6 consecutive | 22 | | calendar month period beginning on the first
day of the first | 23 | | calendar month immediately following the June 1 determination
| 24 | | date.
| 25 | | "Gross wages" means all the wages paid to individuals | 26 | | during the
determination period immediately preceding a |
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| 1 | | determination date for
insured work, and reported to the | 2 | | Director by employers prior to the
first day of the third | 3 | | calendar month preceding that date.
| 4 | | "Covered employment" for any calendar month means the | 5 | | total number of
individuals, as determined by the Director, | 6 | | engaged in insured work at
mid-month.
| 7 | | "Average monthly covered employment" means one-twelfth of | 8 | | the sum of
the covered employment for the 12 months of a | 9 | | determination period.
| 10 | | "Statewide average annual wage" means the quotient, | 11 | | obtained by
dividing gross wages by average monthly covered | 12 | | employment for the same
determination period, rounded (if not | 13 | | already a multiple of one cent) to
the nearest cent.
| 14 | | "Statewide average weekly wage" means the quotient, | 15 | | obtained by
dividing the statewide average annual wage by 52, | 16 | | rounded (if not
already a multiple of one cent) to the nearest | 17 | | cent. Notwithstanding any provision of this Section to the | 18 | | contrary, the statewide average weekly wage for any benefit | 19 | | period prior to calendar year 2012 shall be as determined by | 20 | | the provisions of this Act as amended and in effect on November | 21 | | 18, 2011. Notwithstanding any
provisions of this Section to | 22 | | the contrary, the statewide average weekly
wage for the | 23 | | benefit period of calendar year 2012 shall be $856.55 and for | 24 | | each calendar year
thereafter, the
statewide average weekly | 25 | | wage shall be the statewide
average weekly wage, as determined | 26 | | in accordance with
this sentence, for the immediately |
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| 1 | | preceding benefit
period plus (or minus) an amount equal to | 2 | | the percentage
change in the statewide average weekly wage, as | 3 | | computed
in accordance with the first sentence of this | 4 | | paragraph,
between the 2 immediately preceding benefit | 5 | | periods,
multiplied by the statewide average weekly wage, as
| 6 | | determined in accordance with this sentence, for the
| 7 | | immediately preceding benefit period.
However, for purposes of | 8 | | the
Workers'
Compensation Act, the statewide average weekly | 9 | | wage will be computed
using June 1 and December 1 | 10 | | determination dates of each calendar year and
such | 11 | | determination shall not be subject to the limitation of the | 12 | | statewide average weekly wage as
computed in accordance with | 13 | | the preceding sentence of this
paragraph.
| 14 | | With respect to any week beginning in a benefit year | 15 | | beginning prior to January 4, 2004, "maximum weekly benefit | 16 | | amount" with respect to each week beginning within a benefit | 17 | | period shall be as defined in the provisions of this Act as | 18 | | amended and in effect on November 18, 2011. | 19 | | With respect to any benefit year beginning on or after | 20 | | January 4, 2004 and
before January 6, 2008, "maximum weekly | 21 | | benefit amount" with respect to each
week beginning within a | 22 | | benefit period means 48% of the statewide average
weekly wage, | 23 | | rounded (if not already a multiple of one dollar) to the next
| 24 | | higher dollar.
| 25 | | Except as otherwise provided in this Section, with respect | 26 | | to any benefit year beginning on or after January 6, 2008,
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| 1 | | "maximum weekly benefit amount" with respect to each week | 2 | | beginning within a
benefit period means 47% 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 1, 2024 and before January 1, 2025, "maximum weekly | 7 | | benefit amount" with respect to each week beginning within a | 8 | | benefit period means 40.6% of the statewide average weekly | 9 | | wage, rounded (if not already a multiple of one dollar) to the | 10 | | next higher dollar. | 11 | | C. With respect to any week beginning in a benefit year | 12 | | beginning prior to January 4, 2004, an individual's | 13 | | eligibility for a dependent allowance with respect to a | 14 | | nonworking spouse or one or more dependent children shall be | 15 | | as defined by the provisions of this Act as amended and in | 16 | | effect on November 18, 2011.
| 17 | | With respect to any benefit year beginning on or after | 18 | | January 4, 2004 and
before January 6, 2008, an individual to | 19 | | whom benefits are payable with respect
to any week shall, in | 20 | | addition to those benefits, be paid, with respect to such
| 21 | | week, as follows: in the case of an individual with a | 22 | | nonworking spouse, 9% of
his or her prior average weekly wage, | 23 | | rounded (if not already a multiple of one
dollar) to the next | 24 | | higher dollar, provided, that the total amount payable to
the | 25 | | individual with respect to a week shall not exceed 57% of the | 26 | | statewide
average weekly wage, rounded (if not already a |
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| 1 | | multiple of one dollar) to the
next higher dollar; and in the | 2 | | case of an individual with a dependent child or
dependent | 3 | | children, 17.2% of his or her prior average weekly wage, | 4 | | rounded (if
not already a multiple of one dollar) to the next | 5 | | higher dollar, provided that
the total amount payable to the | 6 | | individual with respect to a week shall not
exceed 65.2% of the | 7 | | statewide average weekly wage, rounded (if not already a
| 8 | | multiple of one dollar) to the next higher dollar.
| 9 | | With respect to any benefit year beginning on or after | 10 | | January 6, 2008 and before January 1, 2010, an
individual to | 11 | | whom benefits are payable with respect to any week shall, in
| 12 | | addition to those benefits, be paid, with respect to such | 13 | | week, as follows: in
the case of an individual with a | 14 | | nonworking spouse, 9% of his or her prior
average weekly wage, | 15 | | rounded (if not already a multiple of one dollar) to the
next | 16 | | higher dollar, provided, that the total amount payable
to the | 17 | | individual with respect to a week shall not exceed 56% of the | 18 | | statewide
average weekly wage, rounded (if not already a | 19 | | multiple of one dollar) to the
next higher dollar; and in the | 20 | | case of an individual with a dependent child or
dependent | 21 | | children, 18.2% of his or her prior average weekly wage, | 22 | | rounded (if
not already a multiple of one dollar) to the next | 23 | | higher dollar, provided that
the total amount payable to the | 24 | | individual with respect to a week
shall not exceed 65.2% of the | 25 | | statewide average weekly wage, rounded (if not
already a | 26 | | multiple of one dollar) to the next higher dollar. |
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| 1 | | The additional
amount paid pursuant to this subsection in | 2 | | the case of an individual with a
dependent child or dependent | 3 | | children shall be referred to as the "dependent
child | 4 | | allowance", and the percentage rate by which an individual's | 5 | | prior average weekly wage is multiplied pursuant to this | 6 | | subsection to calculate the dependent child allowance shall be | 7 | | referred to as the "dependent child allowance rate". | 8 | | Except as otherwise provided in this Section, with respect | 9 | | to any benefit year beginning on or after January 1, 2010, an | 10 | | individual to whom benefits are payable with respect to any | 11 | | week shall, in addition to those benefits, be paid, with | 12 | | respect to such week, as follows: in the case of an individual | 13 | | with a nonworking spouse, the greater of (i) 9% of his or her | 14 | | prior average weekly wage, rounded (if not already a multiple | 15 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 16 | | that the total amount payable to the individual with respect | 17 | | to a week shall not exceed 56% of the statewide average weekly | 18 | | wage, rounded (if not already a multiple of one dollar) to the | 19 | | next higher dollar; and in the case of an individual with a | 20 | | dependent child or dependent children, the greater of (i) the | 21 | | product of the dependent child allowance rate multiplied by | 22 | | his or her prior average weekly wage, rounded (if not already a | 23 | | multiple of one dollar) to the next higher dollar, or (ii) the | 24 | | lesser of $50 or 50% of his or her weekly benefit amount, | 25 | | rounded (if not already a multiple of one dollar) to the next | 26 | | higher dollar, provided that the total amount payable to the |
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| 1 | | individual with respect to a week shall not exceed the product | 2 | | of the statewide average weekly wage multiplied by the sum of | 3 | | 47% plus the dependent child allowance rate, rounded (if not | 4 | | already a multiple of one dollar) to the next higher dollar. | 5 | | With respect to any benefit year beginning on or after | 6 | | January 1, 2024 and before January 1, 2025, 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 | 9 | | week, as follows: in the case of an individual with a | 10 | | nonworking spouse, the greater of (i) 9% of his or her prior | 11 | | average weekly wage, rounded (if not already a multiple of one | 12 | | dollar) to the next higher dollar, or (ii) $15, provided that | 13 | | the total amount payable to the individual with respect to a | 14 | | week shall not exceed 49.6% of the statewide average weekly | 15 | | wage, rounded (if not already a multiple of one dollar) to the | 16 | | next higher dollar; and in the case of an individual with a | 17 | | dependent child or dependent children, the greater of (i) the | 18 | | product of the dependent child allowance rate multiplied by | 19 | | his or her prior average weekly wage, rounded (if not already a | 20 | | multiple of one dollar) to the next higher dollar, or (ii) the | 21 | | lesser of $50 or 50% of his or her weekly benefit amount, | 22 | | rounded (if not already a multiple of one dollar) to the next | 23 | | higher dollar, provided that the total amount payable to the | 24 | | individual with respect to a week shall not exceed the product | 25 | | of the statewide average weekly wage multiplied by the sum of | 26 | | 40.6% plus the dependent child allowance rate, rounded (if not |
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| 1 | | already a multiple of one dollar) to the next higher dollar. | 2 | | With respect to each benefit year beginning after calendar | 3 | | year 2012, the
dependent child allowance rate shall be the sum | 4 | | of the allowance adjustment
applicable pursuant to Section | 5 | | 1400.1 to the calendar year in which the benefit
year begins, | 6 | | plus the dependent child
allowance rate with respect to each | 7 | | benefit year beginning in the immediately
preceding calendar | 8 | | year, except as otherwise provided in this subsection. The | 9 | | dependent
child allowance rate with respect to each benefit | 10 | | year beginning in calendar year 2010 shall be 17.9%.
The | 11 | | dependent child allowance rate with respect to each benefit | 12 | | year beginning in calendar year 2011 shall be 17.4%. The | 13 | | dependent child allowance rate with respect to each benefit | 14 | | year beginning in calendar year 2012 shall be 17.0% and, with | 15 | | respect to each benefit year beginning after calendar year | 16 | | 2012, shall not be less than 17.0% or greater than 17.9%.
| 17 | | For the purposes of this subsection:
| 18 | | "Dependent" means a child or a nonworking spouse.
| 19 | | "Child" means a natural child, stepchild, or adopted child | 20 | | of an
individual claiming benefits under this Act or a child | 21 | | who is in the
custody of any such individual by court order, | 22 | | for whom the individual is
supplying and, for at least 90 | 23 | | consecutive days (or for the duration of
the parental | 24 | | relationship if it has existed for less than 90 days)
| 25 | | immediately preceding any week with respect to which the | 26 | | individual has
filed a claim, has supplied more than one-half |
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| 1 | | the cost of support, or
has supplied at least 1/4 of the cost | 2 | | of support if the individual and
the other parent, together, | 3 | | are supplying and, during the aforesaid
period, have supplied | 4 | | more than one-half the cost of support, and are,
and were | 5 | | during the aforesaid period, members of the same household; | 6 | | and
who, on the first day of such week (a) is under 18 years of | 7 | | age, or (b)
is, and has been during the immediately preceding | 8 | | 90 days, unable to
work because of illness or other | 9 | | disability: provided, that no person
who has been determined | 10 | | to be a child of an individual who has been
allowed benefits | 11 | | with respect to a week in the individual's benefit
year shall | 12 | | be deemed to be a child of the other parent, and no other
| 13 | | person shall be determined to be a child of such other parent, | 14 | | during
the remainder of that benefit year.
| 15 | | "Nonworking spouse" means the lawful husband or wife of an | 16 | | individual
claiming benefits under this Act, for whom more | 17 | | than one-half the cost
of support has been supplied by the | 18 | | individual for at least 90
consecutive days (or for the | 19 | | duration of the marital relationship if it
has existed for | 20 | | less than 90 days) immediately preceding any week with
respect | 21 | | to which the individual has filed a claim, but only if the
| 22 | | nonworking spouse is currently ineligible to receive benefits | 23 | | under this
Act by reason of the provisions of Section 500E.
| 24 | | An individual who was obligated by law to provide for the | 25 | | support of
a child or of a nonworking spouse for the aforesaid | 26 | | period of 90 consecutive
days, but was prevented by illness or |
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| 1 | | injury from doing so, shall be deemed
to have provided more | 2 | | than one-half the cost of supporting the child or
nonworking | 3 | | spouse for that period. | 4 | | (Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; | 5 | | 102-671, eff. 11-30-21; 102-700, eff. 4-19-22.)
| 6 | | (820 ILCS 405/403) (from Ch. 48, par. 403)
| 7 | | Sec. 403. Maximum total amount of benefits. | 8 | | (I) If and only if funds from the State treasury are not | 9 | | appropriated on or before January 31, 2023 that are dedicated | 10 | | to pay all outstanding advances made to the State's account in | 11 | | the Unemployment Trust Fund pursuant to Title XII of the | 12 | | federal Social Security Act, then
this Part (I) is inoperative | 13 | | retroactive to January 1, 2023. | 14 | | A. With respect to
any benefit year beginning prior to | 15 | | September 30, 1979, any otherwise eligible
individual shall be | 16 | | entitled, during such benefit year, to a maximum
total amount | 17 | | of benefits as shall be determined in the manner set forth
in | 18 | | this Act as amended and in effect on November 9, 1977.
| 19 | | B. With respect to any benefit year beginning on or after | 20 | | September 30,
1979, except as otherwise provided in this | 21 | | Section, any otherwise eligible individual shall be entitled, | 22 | | during such benefit
year, to a maximum total amount of | 23 | | benefits equal to 26 times his or her weekly
benefit amount | 24 | | plus dependents' allowances, or to the total wages for insured
| 25 | | work paid to such individual during the individual's base |
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| 1 | | period, whichever
amount is smaller. With respect to any | 2 | | benefit year beginning in calendar year 2012, any otherwise | 3 | | eligible individual shall be entitled, during such benefit | 4 | | year, to a maximum total amount of benefits equal to 25 times | 5 | | his or her weekly benefit amount plus dependents' allowances, | 6 | | or to the total wages for insured work paid to such individual | 7 | | during the individual's base period, whichever amount is | 8 | | smaller. With respect to any benefit year beginning on or | 9 | | after January 1, 2025 2023 and before January 1, 2026 2024 , any | 10 | | otherwise eligible individual shall be entitled, during such | 11 | | benefit year, to a maximum total amount of benefits equal to 23 | 12 | | 24 times his or her weekly benefit amount plus dependents' | 13 | | allowances, or to the total wages for insured work paid to such | 14 | | individual during the individual's base period, whichever | 15 | | amount is smaller.
| 16 | | (II) This Part (II) becomes operative if and only if funds | 17 | | from the State treasury are not appropriated on or before | 18 | | January 31, 2023 that are dedicated to pay all outstanding | 19 | | advances made to the State's account in the Unemployment Trust | 20 | | Fund pursuant to Title XII of the federal Social Security Act. | 21 | | If this Part (II) becomes operative, it is operative | 22 | | retroactive to January 1, 2023. | 23 | | A. With respect to
any benefit year beginning prior to | 24 | | September 30, 1979, any otherwise eligible
individual shall be | 25 | | entitled, during such benefit year, to a maximum
total amount | 26 | | of benefits as shall be determined in the manner set forth
in |
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| 1 | | this Act as amended and in effect on November 9, 1977.
| 2 | | B. With respect to any benefit year beginning on or after | 3 | | September 30,
1979, except as otherwise provided in this | 4 | | Section, any otherwise eligible individual shall be entitled, | 5 | | during such benefit
year, to a maximum total amount of | 6 | | benefits equal to 26 times his or her weekly
benefit amount | 7 | | plus dependents' allowances, or to the total wages for insured
| 8 | | work paid to such individual during the individual's base | 9 | | period, whichever
amount is smaller. With respect to any | 10 | | benefit year beginning in calendar year 2012, any otherwise | 11 | | eligible individual shall be entitled, during such benefit | 12 | | year, to a maximum total amount of benefits equal to 25 times | 13 | | his or her weekly benefit amount plus dependents' allowances, | 14 | | or to the total wages for insured work paid to such individual | 15 | | during the individual's base period, whichever amount is | 16 | | smaller. With respect to any benefit year beginning on or | 17 | | after January 1, 2024 and before January 1, 2025, any | 18 | | otherwise eligible individual shall be entitled, during such | 19 | | benefit year, to a maximum total amount of benefits equal to 23 | 20 | | times his or her weekly benefit amount plus dependents' | 21 | | allowances, or to the total wages for insured work paid to such | 22 | | individual during the individual's base period, whichever | 23 | | amount is smaller. | 24 | | (Source: P.A. 101-423, eff. 1-1-20; 102-671, eff. 11-30-21; | 25 | | 102-700, eff. 4-19-22.)
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| 1 | | (820 ILCS 405/1400.1)
| 2 | | Sec. 1400.1. Solvency Adjustments. (I) If and only if | 3 | | funds from the State treasury are not appropriated on or | 4 | | before January 31, 2023 that are dedicated to pay all | 5 | | outstanding advances made to the State's account in the | 6 | | Unemployment Trust Fund pursuant to Title XII of the federal | 7 | | Social Security Act, then
this Part (I) is inoperative | 8 | | retroactive to January 1, 2023. | 9 | | As used in this Section, "prior year's
trust fund
balance" | 10 | | means the net amount standing to the credit of this State's | 11 | | account in
the
unemployment
trust fund (less all outstanding | 12 | | advances to that account, including but not
limited to | 13 | | advances
pursuant to Title XII of the federal Social Security | 14 | | Act) as of June 30 of the
immediately
preceding calendar year.
| 15 | | The wage base adjustment, rate adjustment, and allowance | 16 | | adjustment applicable to any calendar year prior to 2023 shall | 17 | | be as determined pursuant to this Section as in effect prior to | 18 | | the effective date of this amendatory Act of the 102nd General | 19 | | Assembly. | 20 | | The wage base adjustment, rate adjustment , and allowance | 21 | | adjustment
applicable to any
calendar year after calendar year | 22 | | 2023 and each calendar year thereafter 2009 shall be as | 23 | | follows:
| 24 | | If the prior year's trust fund balance is less than | 25 | | $525,000,000 $300,000,000 , the wage
base adjustment
shall | 26 | | be $220, the rate adjustment shall be 0.05%, and the |
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| 1 | | allowance adjustment
shall be -0.3%
absolute.
| 2 | | If the prior year's trust fund balance is equal to or | 3 | | greater than
$525,000,000 $300,000,000 but less than
| 4 | | $1,225,000,000 $700,000,000 , the wage base adjustment | 5 | | shall be $150, the rate adjustment
shall be
0.025%, and | 6 | | the allowance adjustment shall be -0.2% absolute.
| 7 | | If the prior year's trust fund balance is equal to or | 8 | | greater than
$1,225,000,000 $700,000,000 but less than
| 9 | | $1,750,000,000 $1,000,000,000 , the wage base adjustment | 10 | | shall be $75, the rate adjustment
shall be 0, and
the | 11 | | allowance adjustment shall
be -0.1% absolute.
| 12 | | If the prior year's trust fund balance is equal to or | 13 | | greater than
$1,750,000,000 $1,000,000,000 but less
than | 14 | | $2,275,000,000 $1,300,000,000 , the wage base adjustment | 15 | | shall be -$75, the rate
adjustment shall be
0, and the | 16 | | allowance adjustment shall be 0.1% absolute.
| 17 | | If the prior year's trust fund balance is equal to or | 18 | | greater than
$2,275,000,000 $1,300,000,000 but less
than | 19 | | $2,975,000,000 $1,700,000,000 , the wage base adjustment | 20 | | shall be -$150, the rate
adjustment shall be
-0.025%, and | 21 | | the allowance adjustment shall be 0.2% absolute.
| 22 | | If the prior year's trust fund balance is equal to or | 23 | | greater than
$2,975,000,000 $1,700,000,000 , the wage
base | 24 | | adjustment shall be -$220, the rate adjustment shall be - | 25 | | 0.05%, and
the allowance
adjustment shall be 0.3% | 26 | | absolute.
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| 1 | | (II) This Part (II) becomes operative if and only if funds | 2 | | from the State treasury are not appropriated on or before | 3 | | January 31, 2023 that are dedicated to pay all outstanding | 4 | | advances made to the State's account in the Unemployment Trust | 5 | | Fund pursuant to Title XII of the federal Social Security Act. | 6 | | If this Part (II) becomes operative, it is operative | 7 | | retroactive to January 1, 2023. | 8 | | As used in this Section, "prior year's
trust fund
balance" | 9 | | means the net amount standing to the credit of this State's | 10 | | account in
the
unemployment
trust fund (less all outstanding | 11 | | advances to that account, including but not
limited to | 12 | | advances
pursuant to Title XII of the federal Social Security | 13 | | Act) as of June 30 of the
immediately
preceding calendar year.
| 14 | | The wage base adjustment, rate adjustment, and allowance | 15 | | adjustment
applicable to any
calendar year after calendar year | 16 | | 2009 shall be as follows:
| 17 | | If the prior year's trust fund balance is less than | 18 | | $300,000,000, the wage
base adjustment
shall be $220, the | 19 | | rate adjustment shall be 0.05%, and the allowance | 20 | | adjustment
shall be -0.3%
absolute.
| 21 | | If the prior year's trust fund balance is equal to or | 22 | | greater than
$300,000,000 but less than
$700,000,000, the | 23 | | wage base adjustment shall be $150, the rate adjustment
| 24 | | shall be
0.025%, and the allowance adjustment shall be - | 25 | | 0.2% absolute.
| 26 | | If the prior year's trust fund balance is equal to or |
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| 1 | | greater than
$700,000,000 but less than
$1,000,000,000, | 2 | | the wage base adjustment shall be $75, the rate adjustment
| 3 | | shall be 0, and
the allowance adjustment shall
be -0.1% | 4 | | absolute.
| 5 | | If the prior year's trust fund balance is equal to or | 6 | | greater than
$1,000,000,000 but less
than $1,300,000,000, | 7 | | the wage base adjustment shall be -$75, the rate
| 8 | | adjustment shall be
0, and the allowance adjustment shall | 9 | | be 0.1% absolute.
| 10 | | If the prior year's trust fund balance is equal to or | 11 | | greater than
$1,300,000,000 but less
than $1,700,000,000, | 12 | | the wage base adjustment shall be -$150, the rate
| 13 | | adjustment shall be
-0.025%, and the allowance adjustment | 14 | | shall be 0.2% absolute.
| 15 | | If the prior year's trust fund balance is equal to or | 16 | | greater than
$1,700,000,000, the wage
base adjustment | 17 | | shall be -$220, the rate adjustment shall be -0.05%, and
| 18 | | the allowance
adjustment shall be 0.3% absolute. | 19 | | (Source: P.A. 93-634, eff. 1-1-04.) | 20 | | (820 ILCS 405/1505) (from Ch. 48, par. 575)
| 21 | | Sec. 1505. Adjustment of state experience factor. (I) | 22 | | If and only if funds from the State treasury are not | 23 | | appropriated on or before January 31, 2023 that are dedicated | 24 | | to pay all outstanding advances made to the State's account in | 25 | | the Unemployment Trust Fund pursuant to Title XII of the |
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| 1 | | federal Social Security Act, then
this Part (I) is inoperative | 2 | | retroactive to January 1, 2023. | 3 | | The state experience
factor shall be adjusted in accordance | 4 | | with the following provisions:
| 5 | | A. For calendar years prior to 1988, the state experience | 6 | | factor shall be adjusted in accordance with the provisions of | 7 | | this Act as amended and in effect on November 18, 2011.
| 8 | | B. (Blank).
| 9 | | C. For calendar year 1988
and each calendar year | 10 | | thereafter, for which the state
experience factor is being | 11 | | determined.
| 12 | | 1. For every $50,000,000 (or fraction thereof) by | 13 | | which
the adjusted trust fund balance falls below the | 14 | | target balance set forth in
this subsection,
the state | 15 | | experience factor for the succeeding year shall
be | 16 | | increased one percent absolute.
| 17 | | For every $50,000,000 (or fraction thereof) by which
| 18 | | the adjusted trust fund balance exceeds the target balance | 19 | | set forth in this
subsection, the
state experience factor | 20 | | for the succeeding year shall be
decreased by one percent | 21 | | absolute.
| 22 | | The target balance in each calendar year prior to 2003 | 23 | | is $750,000,000.
The
target balance in
calendar year 2003 | 24 | | is $920,000,000. The target balance in calendar year 2004 | 25 | | is
$960,000,000.
The target balance in calendar year 2005 | 26 | | and each calendar year through 2022 thereafter
is
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| 1 | | $1,000,000,000.
The target balance in calendar year 2023 | 2 | | and each calendar year thereafter is $1,750,000,000.
| 3 | | 2. For the purposes of this subsection:
| 4 | | "Net trust fund balance" is the amount standing to the
| 5 | | credit of this State's account in the unemployment trust
| 6 | | fund as of June 30 of the calendar year immediately | 7 | | preceding
the year for which a state experience factor is | 8 | | being determined.
| 9 | | "Adjusted trust fund balance" is the net trust fund | 10 | | balance
minus the sum of the benefit reserves for fund | 11 | | building
for July 1, 1987 through June 30 of the year prior | 12 | | to the
year for which the state experience factor is being | 13 | | determined.
The adjusted trust fund balance shall not be | 14 | | less than
zero. If the preceding calculation results in a | 15 | | number
which is less than zero, the amount by which it is | 16 | | less
than zero shall reduce the sum of the benefit | 17 | | reserves
for fund building for subsequent years.
| 18 | | For the purpose of determining the state experience | 19 | | factor
for 1989 and for each calendar year thereafter, the | 20 | | following
"benefit reserves for fund building" shall apply | 21 | | for each
state experience factor calculation in which that | 22 | | 12 month
period is applicable:
| 23 | | a. For the 12 month period ending on June 30, 1988, | 24 | | the
"benefit reserve for fund building" shall be | 25 | | 8/104th of
the total benefits paid from January 1, | 26 | | 1988 through June 30, 1988.
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| 1 | | b. For the 12 month period ending on June 30, 1989, | 2 | | the
"benefit reserve for fund building" shall be the | 3 | | sum of:
| 4 | | i. 8/104ths of the total benefits paid from | 5 | | July 1,
1988 through December 31, 1988, plus
| 6 | | ii. 4/108ths of the total benefits paid from | 7 | | January
1, 1989 through June 30, 1989.
| 8 | | c. For the 12 month period ending on June 30, 1990, | 9 | | the
"benefit reserve for fund building" shall be | 10 | | 4/108ths of
the total benefits paid from July 1, 1989 | 11 | | through December 31, 1989.
| 12 | | d. For 1992 and for each calendar year thereafter, | 13 | | the
"benefit reserve for fund building" for the 12 | 14 | | month period
ending on June 30, 1991 and for each | 15 | | subsequent 12 month
period shall be zero.
| 16 | | 3. Notwithstanding the preceding provisions of this | 17 | | subsection,
for calendar years 1988 through 2003, the | 18 | | state experience factor shall not
be increased or | 19 | | decreased
by more than 15 percent absolute.
| 20 | | D. Notwithstanding the provisions of subsection C, the
| 21 | | adjusted state experience factor:
| 22 | | 1. Shall be 111 percent for calendar year 1988;
| 23 | | 2. Shall not be less than 75 percent nor greater than
| 24 | | 135 percent for calendar years 1989 through 2003; and | 25 | | shall not
be less than 75% nor greater than 150% for | 26 | | calendar year 2004 and each
calendar year
thereafter, not |
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| 1 | | counting any increase pursuant to subsection D-1, D-2, or | 2 | | D-3;
| 3 | | 3. Shall not be decreased by more than 5 percent | 4 | | absolute for any
calendar year, beginning in calendar year | 5 | | 1989 and through calendar year
1992, by more than 6% | 6 | | absolute for calendar years 1993
through 1995, by more | 7 | | than 10% absolute for calendar years
1999 through 2003 and | 8 | | by more than 12% absolute for calendar year 2004 and
each | 9 | | calendar year thereafter, from the adjusted state
| 10 | | experience factor of the calendar year preceding the | 11 | | calendar year for which
the adjusted state experience | 12 | | factor is being determined;
| 13 | | 4. Shall not be increased by more than 15% absolute | 14 | | for calendar year
1993, by more than 14% absolute for | 15 | | calendar years 1994 and
1995, by more than 10% absolute | 16 | | for calendar years 1999
through 2003 and by more than 16% | 17 | | absolute for calendar year 2004 and each
calendar
year
| 18 | | thereafter, from the adjusted state experience factor for | 19 | | the calendar year
preceding the calendar year for which | 20 | | the adjusted state experience factor
is being determined;
| 21 | | 5. Shall be 100% for calendar years 1996, 1997, and | 22 | | 1998.
| 23 | | D-1. The adjusted state experience factor for each of | 24 | | calendar years 2013 through 2015 shall be increased by 5% | 25 | | absolute above the adjusted state experience factor as | 26 | | calculated without regard to this subsection. The adjusted |
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| 1 | | state experience factor for each of calendar years 2016 | 2 | | through 2018 shall be increased by 6% absolute above the | 3 | | adjusted state experience factor as calculated without regard | 4 | | to this subsection. The increase in the adjusted state | 5 | | experience factor for calendar year 2018 pursuant to this | 6 | | subsection shall not be counted for purposes of applying | 7 | | paragraph 3 or 4 of subsection D to the calculation of the | 8 | | adjusted state experience factor for calendar year 2019. | 9 | | D-2. (Blank). | 10 | | D-3. The adjusted state experience factor for calendar | 11 | | year 2025 2023 shall be increased by 20% 16% absolute above the | 12 | | adjusted state experience factor as calculated without regard | 13 | | to this subsection. The increase in the adjusted state | 14 | | experience factor for calendar year 2025 2023 pursuant to this | 15 | | subsection shall not be counted for purposes of applying | 16 | | paragraph 3 or 4 of subsection D to the calculation of the | 17 | | adjusted state experience factor for calendar year 2026 2024 . | 18 | | D-4. If and only if an appropriation as set forth in | 19 | | subsection B of Part (I) of Section 2101.1 is made, the | 20 | | adjusted state experience factor for calendar years beginning | 21 | | in 2024 shall be increased by 3% absolute above the adjusted | 22 | | state experience factor as calculated without regard to this | 23 | | subsection or subsection D-3. The increase in the state | 24 | | experience factor provided for in this subsection shall not be | 25 | | counted for purposes of applying paragraph 3 or 4 of | 26 | | subsection D to the calculation of the adjusted state |
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| 1 | | experience factor for the following calendar year. This | 2 | | subsection shall cease to be operative beginning January 1 of | 3 | | the calendar year following the calendar year in which the | 4 | | total amount of the transfers of funds provided for in | 5 | | subsection B of Part (I) of Section 2101.1 equals the total | 6 | | amount of the appropriation. | 7 | | E. The amount standing to the credit of this State's | 8 | | account in the
unemployment trust fund as of June 30 shall be | 9 | | deemed to include as part
thereof (a) any amount receivable on | 10 | | that date from any Federal
governmental agency, or as a | 11 | | payment in lieu of contributions under the
provisions of | 12 | | Sections 1403 and 1405 B and paragraph 2 of Section 302C,
in | 13 | | reimbursement of benefits paid to individuals, and (b) amounts
| 14 | | credited by the Secretary of the Treasury of the United States | 15 | | to this
State's account in the unemployment trust fund | 16 | | pursuant to Section 903
of the Federal Social Security Act, as | 17 | | amended, including any such
amounts which have been | 18 | | appropriated by the General Assembly in
accordance with the | 19 | | provisions of Section 2100 B for expenses of
administration, | 20 | | except any amounts which have been obligated on or
before that | 21 | | date pursuant to such appropriation.
| 22 | | (II) This Part (II) becomes operative if and only if funds | 23 | | from the State treasury are not appropriated on or before | 24 | | January 31, 2023 that are dedicated to pay all outstanding | 25 | | advances made to the State's account in the Unemployment Trust | 26 | | Fund pursuant to Title XII of the federal Social Security Act. |
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| 1 | | If this Part (II) becomes operative, it is operative | 2 | | retroactive to January 1, 2023. | 3 | | The state experience
factor shall be adjusted in accordance | 4 | | with the following provisions:
| 5 | | A. For calendar years prior to 1988, the state experience | 6 | | factor shall be adjusted in accordance with the provisions of | 7 | | this Act as amended and in effect on November 18, 2011.
| 8 | | B. (Blank).
| 9 | | C. For calendar year 1988
and each calendar year | 10 | | thereafter, for which the state
experience factor is being | 11 | | determined.
| 12 | | 1. For every $50,000,000 (or fraction thereof) by | 13 | | which
the adjusted trust fund balance falls below the | 14 | | target balance set forth in
this subsection,
the state | 15 | | experience factor for the succeeding year shall
be | 16 | | increased one percent absolute.
| 17 | | For every $50,000,000 (or fraction thereof) by which
| 18 | | the adjusted trust fund balance exceeds the target balance | 19 | | set forth in this
subsection, the
state experience factor | 20 | | for the succeeding year shall be
decreased by one percent | 21 | | absolute.
| 22 | | The target balance in each calendar year prior to 2003 | 23 | | is $750,000,000.
The
target balance in
calendar year 2003 | 24 | | is $920,000,000. The target balance in calendar year 2004 | 25 | | is
$960,000,000.
The target balance in calendar year 2005 | 26 | | and each calendar year thereafter
is
$1,000,000,000.
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| 1 | | 2. For the purposes of this subsection:
| 2 | | "Net trust fund balance" is the amount standing to the
| 3 | | credit of this State's account in the unemployment trust
| 4 | | fund as of June 30 of the calendar year immediately | 5 | | preceding
the year for which a state experience factor is | 6 | | being determined.
| 7 | | "Adjusted trust fund balance" is the net trust fund | 8 | | balance
minus the sum of the benefit reserves for fund | 9 | | building
for July 1, 1987 through June 30 of the year prior | 10 | | to the
year for which the state experience factor is being | 11 | | determined.
The adjusted trust fund balance shall not be | 12 | | less than
zero. If the preceding calculation results in a | 13 | | number
which is less than zero, the amount by which it is | 14 | | less
than zero shall reduce the sum of the benefit | 15 | | reserves
for fund building for subsequent years.
| 16 | | For the purpose of determining the state experience | 17 | | factor
for 1989 and for each calendar year thereafter, the | 18 | | following
"benefit reserves for fund building" shall apply | 19 | | for each
state experience factor calculation in which that | 20 | | 12 month
period is applicable:
| 21 | | a. For the 12 month period ending on June 30, 1988, | 22 | | the
"benefit reserve for fund building" shall be | 23 | | 8/104th of
the total benefits paid from January 1, | 24 | | 1988 through June 30, 1988.
| 25 | | b. For the 12 month period ending on June 30, 1989, | 26 | | the
"benefit reserve for fund building" shall be the |
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| 1 | | sum of:
| 2 | | i. 8/104ths of the total benefits paid from | 3 | | July 1,
1988 through December 31, 1988, plus
| 4 | | ii. 4/108ths of the total benefits paid from | 5 | | January
1, 1989 through June 30, 1989.
| 6 | | c. For the 12 month period ending on June 30, 1990, | 7 | | the
"benefit reserve for fund building" shall be | 8 | | 4/108ths of
the total benefits paid from July 1, 1989 | 9 | | through December 31, 1989.
| 10 | | d. For 1992 and for each calendar year thereafter, | 11 | | the
"benefit reserve for fund building" for the 12 | 12 | | month period
ending on June 30, 1991 and for each | 13 | | subsequent 12 month
period shall be zero.
| 14 | | 3. Notwithstanding the preceding provisions of this | 15 | | subsection,
for calendar years 1988 through 2003, the | 16 | | state experience factor shall not
be increased or | 17 | | decreased
by more than 15 percent absolute.
| 18 | | D. Notwithstanding the provisions of subsection C, the
| 19 | | adjusted state experience factor:
| 20 | | 1. Shall be 111 percent for calendar year 1988;
| 21 | | 2. Shall not be less than 75 percent nor greater than
| 22 | | 135 percent for calendar years 1989 through 2003; and | 23 | | shall not
be less than 75% nor greater than 150% for | 24 | | calendar year 2004 and each
calendar year
thereafter, not | 25 | | counting any increase pursuant to subsection D-1, D-2, or | 26 | | D-3;
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| 1 | | 3. Shall not be decreased by more than 5 percent | 2 | | absolute for any
calendar year, beginning in calendar year | 3 | | 1989 and through calendar year
1992, by more than 6% | 4 | | absolute for calendar years 1993
through 1995, by more | 5 | | than 10% absolute for calendar years
1999 through 2003 and | 6 | | by more than 12% absolute for calendar year 2004 and
each | 7 | | calendar year thereafter, from the adjusted state
| 8 | | experience factor of the calendar year preceding the | 9 | | calendar year for which
the adjusted state experience | 10 | | factor is being determined;
| 11 | | 4. Shall not be increased by more than 15% absolute | 12 | | for calendar year
1993, by more than 14% absolute for | 13 | | calendar years 1994 and
1995, by more than 10% absolute | 14 | | for calendar years 1999
through 2003 and by more than 16% | 15 | | absolute for calendar year 2004 and each
calendar
year
| 16 | | thereafter, from the adjusted state experience factor for | 17 | | the calendar year
preceding the calendar year for which | 18 | | the adjusted state experience factor
is being determined;
| 19 | | 5. Shall be 100% for calendar years 1996, 1997, and | 20 | | 1998.
| 21 | | D-1. The adjusted state experience factor for each of | 22 | | calendar years 2013 through 2015 shall be increased by 5% | 23 | | absolute above the adjusted state experience factor as | 24 | | calculated without regard to this subsection. The adjusted | 25 | | state experience factor for each of calendar years 2016 | 26 | | through 2018 shall be increased by 6% absolute above the |
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| 1 | | adjusted state experience factor as calculated without regard | 2 | | to this subsection. The increase in the adjusted state | 3 | | experience factor for calendar year 2018 pursuant to this | 4 | | subsection shall not be counted for purposes of applying | 5 | | paragraph 3 or 4 of subsection D to the calculation of the | 6 | | adjusted state experience factor for calendar year 2019. | 7 | | D-2. (Blank). | 8 | | D-3. The adjusted state experience factor for calendar | 9 | | year 2024 shall be increased by 20% absolute above the | 10 | | adjusted state experience factor as calculated without regard | 11 | | to this subsection. The increase in the adjusted state | 12 | | experience factor for calendar year 2024 pursuant to this | 13 | | subsection shall not be counted for purposes of applying | 14 | | paragraph 3 or 4 of subsection D to the calculation of the | 15 | | adjusted state experience factor for calendar year 2025. | 16 | | E. The amount standing to the credit of this State's | 17 | | account in the
unemployment trust fund as of June 30 shall be | 18 | | deemed to include as part
thereof (a) any amount receivable on | 19 | | that date from any Federal
governmental agency, or as a | 20 | | payment in lieu of contributions under the
provisions of | 21 | | Sections 1403 and 1405 B and paragraph 2 of Section 302C,
in | 22 | | reimbursement of benefits paid to individuals, and (b) amounts
| 23 | | credited by the Secretary of the Treasury of the United States | 24 | | to this
State's account in the unemployment trust fund | 25 | | pursuant to Section 903
of the Federal Social Security Act, as | 26 | | amended, including any such
amounts which have been |
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| 1 | | appropriated by the General Assembly in
accordance with the | 2 | | provisions of Section 2100 B for expenses of
administration, | 3 | | except any amounts which have been obligated on or
before that | 4 | | date pursuant to such appropriation. | 5 | | (Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; | 6 | | 102-671, eff. 11-30-21; 102-700, eff. 4-19-22.)
| 7 | | (820 ILCS 405/1506.6) | 8 | | Sec. 1506.6. Surcharge; specified period. | 9 | | (I) If and only if funds from the State treasury are not | 10 | | appropriated on or before January 31, 2023 that are dedicated | 11 | | to pay all outstanding advances made to the State's account in | 12 | | the Unemployment Trust Fund pursuant to Title XII of the | 13 | | federal Social Security Act, then
this Part (I) is inoperative | 14 | | retroactive to January 1, 2023. For each employer whose | 15 | | contribution rate for calendar year 2025 2023 is determined | 16 | | pursuant to Section 1500 or 1506.1, in addition to the | 17 | | contribution rate established pursuant to Section 1506.3, an | 18 | | additional surcharge of 0.350% 0.325% shall be added to the | 19 | | contribution rate. The surcharge established by this Section | 20 | | shall be due at the same time as other contributions with | 21 | | respect to the quarter are due, as provided in Section 1400. | 22 | | Payments attributable to the surcharge established pursuant to | 23 | | this Section shall be contributions and deposited into the | 24 | | clearing account.
| 25 | | (II) This Part (II) becomes operative if and only if funds |
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| 1 | | from the State treasury are not appropriated on or before | 2 | | January 31, 2023 that are dedicated to pay all outstanding | 3 | | advances made to the State's account in the Unemployment Trust | 4 | | Fund pursuant to Title XII of the federal Social Security Act. | 5 | | If this Part (II) becomes operative, it is operative | 6 | | retroactive to January 1, 2023. For each employer whose | 7 | | contribution rate for calendar year 2024 is determined | 8 | | pursuant to Section 1500 or 1506.1, in addition to the | 9 | | contribution rate established pursuant to Section 1506.3, an | 10 | | additional surcharge of 0.350% shall be added to the | 11 | | contribution rate. The surcharge established by this Section | 12 | | shall be due at the same time as other contributions with | 13 | | respect to the quarter are due, as provided in Section 1400. | 14 | | Payments attributable to the surcharge established pursuant to | 15 | | this Section shall be contributions and deposited into the | 16 | | clearing account. | 17 | | (Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; | 18 | | 102-671, eff. 11-30-21; 102-700, eff. 4-19-22.) | 19 | | (820 ILCS 405/2101.1)
| 20 | | Sec. 2101.1. Mandatory transfers. | 21 | | (I) If and only if funds from the State treasury are not | 22 | | appropriated on or before January 31, 2023 that are dedicated | 23 | | to pay all outstanding advances made to the State's account in | 24 | | the Unemployment Trust Fund pursuant to Title XII of the | 25 | | federal Social Security Act, then
this Part (I) is inoperative |
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| 1 | | retroactive to January 1, 2023. | 2 | | A. Notwithstanding any other provision in Section 2101 to | 3 | | the contrary, no later than June 30, 2007, an amount equal to | 4 | | at least $1,400,136 but not to exceed $7,000,136 shall be | 5 | | transferred from the special administrative account to this | 6 | | State's account in the Unemployment Trust Fund. No later than | 7 | | June 30, 2008, and June 30 of each of the three immediately | 8 | | succeeding calendar years, there shall be transferred from the | 9 | | special administrative account to this State's account in the | 10 | | Unemployment Trust Fund an amount at least equal to the lesser | 11 | | of $1,400,000 or the unpaid principal. For purposes of this | 12 | | Section, the unpaid principal is the difference between | 13 | | $7,000,136 and the sum of amounts, excluding interest, | 14 | | previously transferred pursuant to this Section. In addition | 15 | | to the amounts otherwise specified in this Section, each | 16 | | transfer shall include a payment of any interest accrued | 17 | | pursuant to this Section through the end of the immediately | 18 | | preceding calendar quarter for which the federal Department of | 19 | | the Treasury has published the yield for state accounts in the | 20 | | Unemployment Trust Fund. Interest pursuant to this Section | 21 | | shall accrue daily beginning on January 1, 2007, and be | 22 | | calculated on the basis of the unpaid principal as of the | 23 | | beginning of the day. The rate at which the interest shall | 24 | | accrue for each calendar day within a calendar quarter shall | 25 | | equal the quotient obtained by dividing the yield for that | 26 | | quarter for state accounts in the Unemployment Trust Fund as |
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| 1 | | published by the federal Department of the Treasury by the | 2 | | total number of calendar days within that quarter. Interest | 3 | | accrued but not yet due at the time the unpaid principal is | 4 | | paid in full shall be transferred within 30 days after the | 5 | | federal Department of the Treasury has published the yield for | 6 | | state accounts in the Unemployment Trust Fund for all quarters | 7 | | for which interest has accrued pursuant to this Section but | 8 | | not yet been paid. A transfer required pursuant to this | 9 | | Section in a fiscal year of this State shall occur before any | 10 | | transfer made with respect to that same fiscal year from the | 11 | | special administrative account to the Title III Social | 12 | | Security and Employment Fund. | 13 | | B. If and only if an appropriation is made in calendar year | 14 | | 2023 to this State's account in the Unemployment Trust Fund, | 15 | | as a loan solely for purposes of paying unemployment insurance | 16 | | benefits under this Act and without the accrual of interest, | 17 | | from a fund of the State treasury, the Director shall take all | 18 | | necessary action to transfer 10% of the total amount of the | 19 | | appropriation from this State's account in the Unemployment | 20 | | Trust Fund to the State's Budget Stabilization Fund prior to | 21 | | July 1 of each year or as soon thereafter as practical. | 22 | | Transfers shall begin in calendar year 2024 and continue on an | 23 | | annual basis until the total amount of such transfers equals | 24 | | the total amount of the appropriation. In any calendar year in | 25 | | which the balance of this State's account in the Unemployment | 26 | | Trust Fund, less all outstanding advances to that account, |
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| 1 | | pursuant to Title XII of the federal Social Security Act, is | 2 | | below $1,200,000,000 as of June 1, any transfer provided for | 3 | | in this subsection shall not be made that calendar year. | 4 | | (II) This Part (II) becomes operative if and only if funds | 5 | | from the State treasury are not appropriated on or before | 6 | | January 31, 2023 that are dedicated to pay all outstanding | 7 | | advances made to the State's account in the Unemployment Trust | 8 | | Fund pursuant to Title XII of the federal Social Security Act. | 9 | | If this Part (II) becomes operative, it is operative | 10 | | retroactive to January 1, 2023. Notwithstanding any other | 11 | | provision in Section 2101 to the contrary, no later than June | 12 | | 30, 2007, an amount equal to at least $1,400,136 but not to | 13 | | exceed $7,000,136 shall be transferred from the special | 14 | | administrative account to this State's account in the | 15 | | Unemployment Trust Fund. No later than June 30, 2008, and June | 16 | | 30 of each of the three immediately succeeding calendar years, | 17 | | there shall be transferred from the special administrative | 18 | | account to this State's account in the Unemployment Trust Fund | 19 | | an amount at least equal to the lesser of $1,400,000 or the | 20 | | unpaid principal. For purposes of this Section, the unpaid | 21 | | principal is the difference between $7,000,136 and the sum of | 22 | | amounts, excluding interest, previously transferred pursuant | 23 | | to this Section. In addition to the amounts otherwise | 24 | | specified in this Section, each transfer shall include a | 25 | | payment of any interest accrued pursuant to this Section | 26 | | through the end of the immediately preceding calendar quarter |
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| 1 | | for which the federal Department of the Treasury has published | 2 | | the yield for state accounts in the Unemployment Trust Fund. | 3 | | Interest pursuant to this Section shall accrue daily beginning | 4 | | on January 1, 2007, and be calculated on the basis of the | 5 | | unpaid principal as of the beginning of the day. The rate at | 6 | | which the interest shall accrue for each calendar day within a | 7 | | calendar quarter shall equal the quotient obtained by dividing | 8 | | the yield for that quarter for state accounts in the | 9 | | Unemployment Trust Fund as published by the federal Department | 10 | | of the Treasury by the total number of calendar days within | 11 | | that quarter. Interest accrued but not yet due at the time the | 12 | | unpaid principal is paid in full shall be transferred within | 13 | | 30 days after the federal Department of the Treasury has | 14 | | published the yield for state accounts in the Unemployment | 15 | | Trust Fund for all quarters for which interest has accrued | 16 | | pursuant to this Section but not yet been paid. A transfer | 17 | | required pursuant to this Section in a fiscal year of this | 18 | | State shall occur before any transfer made with respect to | 19 | | that same fiscal year from the special administrative account | 20 | | to the Title III Social Security and Employment Fund.
| 21 | | (Source: P.A. 94-1083, eff. 1-19-07.)
| 22 | | Section 99. Effective date. This Act takes effect January | 23 | | 1, 2023.
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