Full Text of HB3856 96th General Assembly
HB3856eng 96TH GENERAL ASSEMBLY
|
|
|
HB3856 Engrossed |
|
LRB096 09317 WGH 19471 b |
|
| 1 |
| AN ACT concerning employment.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Unemployment Insurance Act is amended by | 5 |
| changing Section 500 as follows:
| 6 |
| (820 ILCS 405/500) (from Ch. 48, par. 420)
| 7 |
| Sec. 500. Eligibility for benefits. An unemployed | 8 |
| individual shall
be eligible to receive benefits with respect | 9 |
| to any week only if the
Director finds that:
| 10 |
| A. He has registered for work at and thereafter has | 11 |
| continued to
report at an employment office in accordance with | 12 |
| such regulations as
the Director may prescribe, except that the | 13 |
| Director may, by regulation,
waive or alter either or both of | 14 |
| the requirements of this subsection as
to individuals attached | 15 |
| to regular jobs, and as to such other types of
cases or | 16 |
| situations with respect to which he finds that compliance with
| 17 |
| such requirements would be oppressive or inconsistent with the | 18 |
| purposes
of this Act, provided that no such regulation shall | 19 |
| conflict with
Section 400 of this Act.
| 20 |
| B. He has made a claim for benefits with respect to such | 21 |
| week in
accordance with such regulations as the Director may | 22 |
| prescribe.
| 23 |
| C. He is able to work, and is available for work; provided |
|
|
|
HB3856 Engrossed |
- 2 - |
LRB096 09317 WGH 19471 b |
|
| 1 |
| that
during the period in question he was actively seeking work | 2 |
| and he has
certified such. Whenever requested to do so by the | 3 |
| Director, the individual
shall, in the manner the Director | 4 |
| prescribes by regulation, inform the
Department of the places | 5 |
| at
which he has sought work during the period in question.
| 6 |
| Nothing in this subsection shall limit
the Director's approval | 7 |
| of alternate methods of demonstrating an active
search for work
| 8 |
| based on regular reporting to a trade union office.
| 9 |
| 1. If an otherwise eligible individual is unable to | 10 |
| work or is
unavailable for work on any normal workday of | 11 |
| the week, he shall be
eligible to receive benefits with | 12 |
| respect to such week reduced by
one-fifth of his weekly | 13 |
| benefit amount for each day of such inability to
work or | 14 |
| unavailability for work. For the purposes of this | 15 |
| paragraph, an
individual who reports on a day subsequent to | 16 |
| his designated report day
shall be deemed unavailable for | 17 |
| work on his report day if his failure to
report on that day | 18 |
| is without good cause, and on each intervening day,
if any, | 19 |
| on which his failure to report is without good cause. As | 20 |
| used
in the preceding sentence, "report day" means the day | 21 |
| which has been
designated for the individual to report to | 22 |
| file his claim for benefits
with respect to any week. This | 23 |
| paragraph shall not be construed so as
to effect any change | 24 |
| in the status of part-time workers as defined in
Section | 25 |
| 407.
| 26 |
| 2. An individual shall be considered to be unavailable |
|
|
|
HB3856 Engrossed |
- 3 - |
LRB096 09317 WGH 19471 b |
|
| 1 |
| for work on
days listed as whole holidays in "An Act to | 2 |
| revise the law in relation
to promissory notes, bonds, due | 3 |
| bills and other instruments in writing,"
approved March 18, | 4 |
| 1874, as amended; on days which are holidays in his
| 5 |
| religion or faith, and on days which are holidays according | 6 |
| to the
custom of his trade or occupation, if his failure to | 7 |
| work on such day is
a result of the holiday. In determining | 8 |
| the claimant's eligibility for
benefits and the amount to | 9 |
| be paid him, with respect to the week in
which such holiday | 10 |
| occurs, he shall have attributed to him as additional
| 11 |
| earnings for that week an amount equal to one-fifth of his | 12 |
| weekly
benefit amount for each normal work day on which he | 13 |
| does not work
because of a holiday of the type above | 14 |
| enumerated.
| 15 |
| 3. An individual shall be deemed unavailable for work | 16 |
| if, after his
separation from his most recent employing | 17 |
| unit, he has removed himself
to and remains in a locality | 18 |
| where opportunities for work are
substantially less | 19 |
| favorable than those in the locality he has left.
| 20 |
| 4. An individual shall be deemed unavailable for work | 21 |
| with respect
to any week which occurs in a period when his | 22 |
| principal occupation is
that of a student in attendance at, | 23 |
| or on vacation from, a public or
private school ; however, | 24 |
| an individual shall not be deemed unavailable for work with | 25 |
| respect to any week because, during that week, the | 26 |
| individual is pursuing an online course of instruction |
|
|
|
HB3856 Engrossed |
- 4 - |
LRB096 09317 WGH 19471 b |
|
| 1 |
| offered by a public or private school via the Internet that | 2 |
| requires neither presence at a campus nor adherence to a | 3 |
| schedule of classes at particular dates and times .
| 4 |
| 5. Notwithstanding any other provisions of this Act, an | 5 |
| individual
shall not be deemed unavailable for work or to | 6 |
| have failed actively to
seek work, nor shall he be | 7 |
| ineligible for benefits by reason of the
application of the | 8 |
| provisions of Section 603, with respect to any week,
| 9 |
| because he is enrolled in and is in regular attendance at a | 10 |
| training
course approved for him by the Director:
| 11 |
| (a) but only if, with respect to
that week, the | 12 |
| individual presents,
upon request,
to the claims | 13 |
| adjudicator referred to
in Section 702 a statement | 14 |
| executed by a responsible person connected
with the | 15 |
| training course, certifying that the individual was in
| 16 |
| full-time attendance at such course during the week. | 17 |
| The Director may
approve such course for an individual | 18 |
| only if he finds that (1)
reasonable work opportunities | 19 |
| for which the individual is fitted by
training and | 20 |
| experience do not exist in his locality; (2) the | 21 |
| training course
relates to an occupation or skill for | 22 |
| which there are, or are
expected to be in the immediate | 23 |
| future, reasonable work opportunities in
his locality; | 24 |
| (3) the training course is offered by a competent and
| 25 |
| reliable agency, educational institution, or employing | 26 |
| unit; (4)
the individual has the required |
|
|
|
HB3856 Engrossed |
- 5 - |
LRB096 09317 WGH 19471 b |
|
| 1 |
| qualifications and aptitudes to complete the
course | 2 |
| successfully; and (5) the individual is not receiving | 3 |
| and is not
eligible (other than because he has claimed | 4 |
| benefits under this Act) for
subsistence payments or | 5 |
| similar assistance under any public or private
| 6 |
| retraining program: Provided, that the Director shall | 7 |
| not disapprove
such course solely by reason of clause | 8 |
| (5) if the subsistence payment or
similar assistance is | 9 |
| subject to reduction by an amount equal to any
benefits | 10 |
| payable to the individual under this Act in the absence | 11 |
| of the
clause. In the event that an individual's weekly | 12 |
| unemployment
compensation benefit is less than his | 13 |
| certified training allowance, that
person shall be | 14 |
| eligible to receive his entire unemployment | 15 |
| compensation
benefits, plus such supplemental training | 16 |
| allowances that would make an
applicant's total weekly | 17 |
| benefit identical to the original certified
training | 18 |
| allowance.
| 19 |
| (b) The Director shall have the authority to grant | 20 |
| approval pursuant to
subparagraph (a) above prior to an | 21 |
| individual's formal admission into a
training course. | 22 |
| Requests for approval shall not be made more than 30 | 23 |
| days
prior to the actual starting date of such course. | 24 |
| Requests shall be made
at the appropriate unemployment | 25 |
| office.
| 26 |
| (c) The Director shall for purposes of paragraph C |
|
|
|
HB3856 Engrossed |
- 6 - |
LRB096 09317 WGH 19471 b |
|
| 1 |
| have the authority
to issue a blanket approval of | 2 |
| training programs implemented pursuant to
the federal | 3 |
| Workforce Investment Act of 1998 if both the training | 4 |
| program and the criteria for an individual's
| 5 |
| participation in such training meet the requirements | 6 |
| of this paragraph C.
| 7 |
| (d) Notwithstanding the requirements of | 8 |
| subparagraph (a), the Director
shall have the | 9 |
| authority to issue blanket approval of training | 10 |
| programs
implemented under the terms of a collective | 11 |
| bargaining agreement.
| 12 |
| 6. Notwithstanding any other provisions of this Act, an | 13 |
| individual shall
not be deemed unavailable for work or to | 14 |
| have failed actively to seek work,
nor shall he be | 15 |
| ineligible for benefits, by reason of the application of
| 16 |
| the provisions of Section 603 with respect to any week | 17 |
| because he is in
training approved under Section 236 (a)(1) | 18 |
| of the federal Trade Act of 1974,
nor shall an individual | 19 |
| be ineligible for benefits under the provisions
of Section | 20 |
| 601 by reason of leaving work voluntarily to enter such | 21 |
| training
if the work left is not of a substantially equal | 22 |
| or higher skill level than
the individual's past adversely | 23 |
| affected employment as defined under the
federal Trade Act | 24 |
| of 1974 and the wages for such work are less than 80% of | 25 |
| his
average weekly wage as determined under the federal | 26 |
| Trade Act of 1974.
|
|
|
|
HB3856 Engrossed |
- 7 - |
LRB096 09317 WGH 19471 b |
|
| 1 |
| D. If his benefit year begins prior to July 6, 1975 or | 2 |
| subsequent to
January 2, 1982, he has been unemployed for a | 3 |
| waiting period of 1 week
during such benefit year. If his | 4 |
| benefit year begins on or after July 6,
l975, but prior to | 5 |
| January 3, 1982, and his unemployment
continues for more than | 6 |
| three weeks during such benefit year, he shall
be eligible for | 7 |
| benefits with respect to each week of such unemployment,
| 8 |
| including the first week thereof. An individual shall be deemed | 9 |
| to be
unemployed within the meaning of this subsection while | 10 |
| receiving public
assistance as remuneration for services | 11 |
| performed on work projects
financed from funds made available | 12 |
| to governmental agencies for such
purpose. No week shall be | 13 |
| counted as a week of unemployment for the
purposes of this | 14 |
| subsection:
| 15 |
| 1. Unless it occurs within the benefit year which | 16 |
| includes the week
with respect to which he claims payment | 17 |
| of benefits, provided that, for
benefit years beginning | 18 |
| prior to January 3, 1982, this
requirement shall not | 19 |
| interrupt the payment of benefits for consecutive
weeks of | 20 |
| unemployment; and provided further that the week | 21 |
| immediately
preceding a benefit year, if part of one | 22 |
| uninterrupted period of
unemployment which continues into | 23 |
| such benefit year, shall be deemed
(for the purpose of this | 24 |
| subsection only and with respect to benefit years
beginning | 25 |
| prior to January 3, 1982, only) to be within such benefit
| 26 |
| year, as well as within the preceding benefit year, if the |
|
|
|
HB3856 Engrossed |
- 8 - |
LRB096 09317 WGH 19471 b |
|
| 1 |
| unemployed
individual would, except for the provisions of | 2 |
| the first paragraph and
paragraph 1 of this subsection and | 3 |
| of Section 605, be eligible for and
entitled to benefits | 4 |
| for such week.
| 5 |
| 2. If benefits have been paid with respect thereto.
| 6 |
| 3. Unless the individual was eligible for benefits with | 7 |
| respect
thereto except for the requirements of this | 8 |
| subsection and of Section
605.
| 9 |
| E. With respect to any benefit year beginning prior to | 10 |
| January 3, 1982,
he has been paid during his base period wages | 11 |
| for insured work not
less than the amount specified in Section | 12 |
| 500E of this Act as amended
and in effect on October 5, 1980. | 13 |
| With respect to any benefit year
beginning on or after January | 14 |
| 3, 1982, he has been paid during his base
period wages for | 15 |
| insured work equal to not less than $1,600, provided that
he | 16 |
| has been paid wages for insured work equal to at least $440 | 17 |
| during that
part of his base period which does not include the | 18 |
| calendar quarter in
which the wages paid to him were highest.
| 19 |
| F. During that week he has participated in reemployment | 20 |
| services to which
he has been referred, including but not | 21 |
| limited to job search assistance
services, pursuant to a | 22 |
| profiling system established by the Director by rule in
| 23 |
| conformity with Section 303(j)(1) of the federal Social | 24 |
| Security Act, unless
the Director determines that:
| 25 |
| 1. the individual has completed such services; or
| 26 |
| 2. there is justifiable cause for the claimant's |
|
|
|
HB3856 Engrossed |
- 9 - |
LRB096 09317 WGH 19471 b |
|
| 1 |
| failure to participate in
such services.
| 2 |
| This subsection F is added by this amendatory Act of 1995 | 3 |
| to clarify
authority already provided under subsections A and C | 4 |
| in connection with the
unemployment insurance claimant | 5 |
| profiling system required under subsections
(a)(10) and (j)(1) | 6 |
| of Section 303 of the federal Social Security Act as a
| 7 |
| condition of federal
funding for the administration of the | 8 |
| Unemployment Insurance Act.
| 9 |
| (Source: P.A. 92-396, eff. 1-1-02.)
|
|