Full Text of HB3860 96th General Assembly
HB3860 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB3860
Introduced 2/26/2009, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/409 |
from Ch. 48, par. 409 |
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Amends the Unemployment Insurance Act. Provides that, subject to appropriation, 13 weeks of additional benefits shall be paid to exhaustees.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB3860 |
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unemployment Insurance Act is amended by | 5 |
| changing Section 409 as follows:
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| (820 ILCS 405/409) (from Ch. 48, par. 409)
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| Sec. 409. Extended Benefits.
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| A. For the purposes of this Section:
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| 1. "Extended benefit period" means a period which | 10 |
| begins with
the third week after a week for which there is | 11 |
| a State "on" indicator; and
ends with either of the | 12 |
| following weeks, whichever occurs later: (1) the
third week | 13 |
| after the first week for which there is a
State "off" | 14 |
| indicator, or (2) the thirteenth consecutive week of such
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| period. No extended benefit period shall begin by reason of | 16 |
| a State
"on" indicator before the fourteenth week following | 17 |
| the end of a prior
extended benefit period.
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| 2. There is a "State 'on' indicator" for a week if the | 19 |
| Director
determines, in accordance with the regulations of | 20 |
| the United States
Secretary of Labor or other appropriate | 21 |
| Federal agency, that for the
period consisting of such week | 22 |
| and the immediately preceding twelve
weeks, the rate of | 23 |
| insured unemployment (not seasonally adjusted) in
this |
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| State (a) equaled or exceeded 4% and equaled or exceeded | 2 |
| 120% of
the average of such rates for the corresponding | 3 |
| 13-week period ending in
each of the preceding two calendar | 4 |
| years, or (b) equaled or exceeded 5%;
for weeks beginning | 5 |
| after September 25, 1982 (1) equaled or exceeded 5%
and | 6 |
| equaled or exceeded 120% of the average of such rates for | 7 |
| the corresponding
13-week period ending in each of the | 8 |
| preceding 2 calendar years, or (2)
equaled or exceeded 6 | 9 |
| percent.
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| 3. There is a "State 'off' indicator" for a week if the | 11 |
| Director
determines, in accordance with the regulations of | 12 |
| the United States
Secretary of Labor or other appropriate | 13 |
| Federal agency, that for the
period consisting of such week | 14 |
| and the immediately preceding twelve
weeks, the rate of | 15 |
| insured unemployment (not seasonally adjusted) in
this | 16 |
| State (a) was less than 5% and was less than 120%
of the | 17 |
| average of such rates
for the corresponding 13-week period | 18 |
| ending in each of the preceding 2
calendar years, or (b) | 19 |
| was less than 4%; and for weeks beginning after
September | 20 |
| 25, 1982, (1) was less than 6% and less than 120% of the | 21 |
| average
of such rates for the corresponding 13-week period | 22 |
| ending in each of the
preceding 2 calendar years, or (2) | 23 |
| was less than 5%.
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| 4. "Rate of insured unemployment", for the purpose of | 25 |
| paragraphs
2 and 3, means the percentage derived by | 26 |
| dividing (a) the average
weekly number of individuals |
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| filing claims for "regular benefits" in
this State for | 2 |
| weeks of
unemployment with respect to the most recent 13 | 3 |
| consecutive week period,
as determined by the Director on | 4 |
| the basis of his reports to the United
States Secretary of | 5 |
| Labor or other appropriate Federal agency, by (b)
the | 6 |
| average monthly employment covered under this Act for the | 7 |
| first four
of the most recent six completed calendar | 8 |
| quarters ending before the
close of such 13-week period.
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| 5. "Regular benefits" means benefits, other than | 10 |
| extended benefits
and additional benefits, payable to an | 11 |
| individual (including dependents'
allowances) under this | 12 |
| Act or under any other State unemployment
compensation law | 13 |
| (including benefits payable to Federal civilian
employees | 14 |
| and ex-servicemen pursuant to 5 U.S.C. chapter 85).
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| 6. "Extended benefits" means benefits (including | 16 |
| benefits payable to
Federal civilian employees and | 17 |
| ex-servicemen pursuant to 5 U.S.C.
chapter 85) payable to | 18 |
| an individual under the provisions of this
Section for | 19 |
| weeks which begin in his eligibility period.
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| 7. "Additional benefits" means benefits totally | 21 |
| financed by a State
and payable to exhaustees (as defined | 22 |
| in subsection C) by reason of
conditions of high | 23 |
| unemployment or by reason of other specified factors.
If an | 24 |
| individual is eligible to receive extended benefits under | 25 |
| the
provisions of this Section and is eligible to receive | 26 |
| additional
benefits with respect to the same week under the |
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| law of another State,
he may elect to claim either extended | 2 |
| benefits or additional benefits
with respect to the week.
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| 8. "Eligibility period" means the period consisting of | 4 |
| the weeks in
an individual's benefit year which begin in an | 5 |
| extended benefit period
and, if his benefit year ends | 6 |
| within such extended benefit period, any
weeks thereafter | 7 |
| which begin in such period.
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| 9. Notwithstanding any of the provisions of Sections | 9 |
| 1404, 1405B, and
1501, no employer shall be liable for | 10 |
| payments in lieu of contributions, and
wages shall not | 11 |
| become benefit wages, by reason of the payment of extended
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| benefits which are wholly reimbursed to this State by the | 13 |
| Federal Government.
With respect to extended benefits, | 14 |
| paid prior to July 1, 1989, wages shall
become benefit | 15 |
| wages under Section 1501 only when an individual is
first | 16 |
| paid such benefits with respect to his eligibility period | 17 |
| which
are not wholly reimbursed to this State by the | 18 |
| Federal Government.
Extended benefits, paid on or after | 19 |
| July 1, 1989, shall become benefit
charges under Section | 20 |
| 1501.1 only when any individual is paid such benefits
with | 21 |
| respect to his eligibility period which are not wholly | 22 |
| reimbursed by
the Federal Government.
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| B. An individual shall be eligible to receive extended | 24 |
| benefits
pursuant to this Section for any week which begins in | 25 |
| his eligibility
period if, with respect to such week (1) he has | 26 |
| been paid wages for insured
work during his base period equal |
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| to at least 1 1/2 times the wages paid
in that calendar quarter | 2 |
| of his base period in which such wages were highest,
provided | 3 |
| that this provision applies only with respect to weeks | 4 |
| beginning
after September 25, 1982; (2) he has met the | 5 |
| requirements of Section 500E
of this Act; (3) he is an | 6 |
| exhaustee; and (4) except when the result
would be inconsistent | 7 |
| with the provisions of this
Section, he has satisfied the | 8 |
| requirements of this Act for the receipt
of regular benefits.
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| C. An individual is an exhaustee with respect to a week | 10 |
| which begins
in his eligibility period if:
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| 1. Prior to such week (a) he has received, with respect | 12 |
| to his
current benefit year that includes such week, the | 13 |
| maximum total amount
of benefits to which he was entitled | 14 |
| under the provisions of Section
403B, and all of the | 15 |
| regular benefits (including dependents' allowances)
to | 16 |
| which he had entitlement (if any) on the basis of wages or | 17 |
| employment
under any other State unemployment compensation | 18 |
| law; or (b) he has
received all the regular benefits | 19 |
| available to him with respect to his
current benefit year | 20 |
| that includes such week, under this Act and under
any other | 21 |
| State unemployment compensation law, after a cancellation | 22 |
| of
some or all of his wage credits or the partial or total | 23 |
| reduction of his
regular benefit rights; or (c) his benefit | 24 |
| year terminated, and he
cannot meet the qualifying wage | 25 |
| requirements of Section 500E of this Act
or the qualifying | 26 |
| wage or employment requirements of any other State
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| unemployment compensation law to establish a new benefit | 2 |
| year which
would include such week or, having established a | 3 |
| new benefit year that
includes such week, he is ineligible | 4 |
| for regular benefits by reason of
Section 607 of this Act | 5 |
| or a like provision of any other State
unemployment | 6 |
| compensation law; and
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| 2. For such week (a) he has no right to benefits or | 8 |
| allowances, as
the case may be, under the Railroad | 9 |
| Unemployment Insurance Act, or such other
Federal laws as | 10 |
| are specified in regulations of the United States
Secretary | 11 |
| of Labor or other appropriate Federal agency; and (b) he | 12 |
| has
not received and is not seeking benefits under the | 13 |
| unemployment
compensation law of Canada, except that if he
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| is seeking such benefits and the appropriate agency finally | 15 |
| determines
that he is not entitled to benefits under such | 16 |
| law, this clause shall
not apply.
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| 3. For the purposes of clauses (a) and (b) of paragraph | 18 |
| 1 of this
subsection, an individual shall be deemed to have | 19 |
| received, with respect
to his current benefit year, the | 20 |
| maximum total amount of benefits to
which he was entitled | 21 |
| or all of the regular benefits to which he had
entitlement, | 22 |
| or all of the regular benefits available to him, as the
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| case may be, even though (a) as a result of a pending | 24 |
| reconsideration or
appeal with respect to the "finding" | 25 |
| defined in Section 701, or of a
pending appeal with respect | 26 |
| to wages or employment or both under any
other State |
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| unemployment compensation law, he may subsequently be
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| determined to be entitled to more regular benefits; or (b) | 3 |
| by reason of
a seasonality provision in a State | 4 |
| unemployment compensation law which
establishes the weeks | 5 |
| of the year for which regular benefits may be paid
to | 6 |
| individuals on the basis of wages in seasonal employment he | 7 |
| may be
entitled to regular benefits for future weeks but | 8 |
| such benefits are not
payable with respect to the week for | 9 |
| which he is claiming extended
benefits, provided that he is | 10 |
| otherwise an exhaustee under the
provisions of this | 11 |
| subsection with respect to his rights to regular
benefits, | 12 |
| under such seasonality provision, during the portion of the
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| year in which that week occurs; or (c) having established a | 14 |
| benefit
year, no regular benefits are payable to him with | 15 |
| respect to such year
because his wage credits were | 16 |
| cancelled or his rights to regular
benefits were totally | 17 |
| reduced by reason of the application of a
disqualification | 18 |
| provision of a State unemployment compensation law.
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| D. 1. The provisions of Section 607 and the waiting period
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| requirements of Section 500D shall not be applicable to any | 21 |
| week with
respect to which benefits are otherwise payable | 22 |
| under this Section.
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| 2. An individual shall not cease to be an exhaustee | 24 |
| with respect to
any week solely because he meets the | 25 |
| qualifying wage requirements of
Section 500E for a part of | 26 |
| such week.
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| 3. For the purposes of this Section, the "base period" | 2 |
| referred to
in Sections 601 and 602 shall be the base | 3 |
| period with respect to the
benefit year in which the | 4 |
| individual's eligibility period begins.
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| E. With respect to any week which begins in his eligibility | 6 |
| period,
an exhaustee's "weekly extended benefit amount" shall | 7 |
| be the same as his
weekly benefit amount during his benefit | 8 |
| year which includes such week or, if
such week is not in a | 9 |
| benefit year, during his applicable
benefit year, as defined in | 10 |
| regulations issued by the United States
Secretary of Labor or | 11 |
| other appropriate Federal agency. If the exhaustee
had more | 12 |
| than one weekly benefit amount during
his benefit year, his | 13 |
| weekly extended benefit amount with respect to
such week shall | 14 |
| be the latest of such weekly benefit amounts.
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| F. An eligible exhaustee shall be entitled, during any | 16 |
| eligibility
period, to a maximum total amount of extended | 17 |
| benefits equal to the
lesser of the following amounts:
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| 1. Fifty percent of the maximum total amount of | 19 |
| benefits to which he
was entitled under Section 403B during | 20 |
| his applicable benefit year; or
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| 2. Thirteen times his weekly extended benefit amount as | 22 |
| determined
under subsection E.
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| 3. Notwithstanding subparagraphs 1 and 2 of this | 24 |
| subsection F, and if
the benefit year of an individual ends | 25 |
| within an extended benefit period,
the remaining balance of | 26 |
| extended benefits that the individual would, but
for this |
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| subsection F, be otherwise entitled to receive in that | 2 |
| extended
benefit period, for weeks of unemployment | 3 |
| beginning after the end of the
benefit year, shall be | 4 |
| reduced (but not below zero) by the product of the
number | 5 |
| of weeks for which the individual received any amounts as | 6 |
| trade
readjustment allowances as defined in the federal | 7 |
| Trade Act of 1974 within
that benefit year multiplied by | 8 |
| his weekly benefit amount for extended
benefits.
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| G. 1. A claims adjudicator shall examine the first claim | 10 |
| filed by
an individual with respect to his eligibility | 11 |
| period and, on the basis
of the information in his | 12 |
| possession, shall make an "extended benefits
finding". | 13 |
| Such finding shall state whether or not the individual has | 14 |
| met
the requirement of subsection B(1), is an
exhaustee | 15 |
| and, if he is, his weekly extended benefit amount and the
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| maximum total amount of extended benefits to which he is | 17 |
| entitled. The
claims adjudicator shall promptly notify the | 18 |
| individual of his "extended
benefits finding", and shall | 19 |
| promptly notify the individual's most
recent employing | 20 |
| unit, with respect to benefit years beginning on or
after | 21 |
| July 1, 1989 and the individual's last employer (referred | 22 |
| to in Section
1502.1) that the individual has filed a claim | 23 |
| for extended benefits. The
claims adjudicator may | 24 |
| reconsider his "extended benefits finding" at any time
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| within one year after the close of the individual's | 26 |
| eligibility period, and
shall promptly notify the |
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| individual of such reconsidered finding. All of the
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| provisions of this Act applicable to reviews from findings | 3 |
| or reconsidered
findings made pursuant to Sections 701 and | 4 |
| 703 which are not inconsistent with
the provisions of this | 5 |
| subsection shall be applicable to reviews from extended
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| benefits findings and reconsidered extended benefits | 7 |
| findings.
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| 2. If, pursuant to the reconsideration or appeal with | 9 |
| respect to a
"finding", referred to in paragraph 3 of | 10 |
| subsection C, an exhaustee is
found to be entitled to more | 11 |
| regular benefits and, by reason thereof, is
entitled to | 12 |
| more extended benefits, the claims adjudicator shall make a
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| reconsidered extended benefits finding and shall promptly | 14 |
| notify the
exhaustee thereof.
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| H. Whenever an extended benefit period is to begin in this | 16 |
| State because
there is a State "on" indicator, or whenever an | 17 |
| extended benefit period is to
end in this State because there | 18 |
| is a State "off" indicator, the Director shall
make an | 19 |
| appropriate public announcement.
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| I. Computations required by the provisions of paragraph 6 | 21 |
| of subsection A
shall be made by the Director in accordance | 22 |
| with regulations prescribed by the
United States Secretary of | 23 |
| Labor, or other appropriate Federal agency.
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| J. 1. Interstate Benefit Payment Plan means the plan | 25 |
| approved by
the Interstate Conference of Employment | 26 |
| Security Agencies under which benefits
shall be payable to |
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| unemployed individuals absent from the state (or states)
in | 2 |
| which benefit credits have been accumulated.
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| 2. An individual who commutes from his state of | 4 |
| residence to work in
another state and continues to reside | 5 |
| in such state of residence while filing
his claim for | 6 |
| unemployment insurance under this Section of the Act shall | 7 |
| not be
considered filing a claim under the Interstate | 8 |
| Benefit Payment Plan so long as
he files his claim in and | 9 |
| continues to report to the employment office under
the | 10 |
| regulations applicable to intrastate claimants in the | 11 |
| state in which he was
so employed.
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| 3. "State" when used in this subsection includes States | 13 |
| of the United
States of America, the District of Columbia, | 14 |
| Puerto Rico and the Virgin
Islands. For purposes of this | 15 |
| subsection, the term "state" shall also be
construed to | 16 |
| include Canada.
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| 4. Notwithstanding any other provision of this Act, | 18 |
| effective with weeks
beginning on or after June 1, 1981 an | 19 |
| individual shall be eligible for a
maximum of 2 weeks of | 20 |
| benefits payable under this Section after he files
his | 21 |
| initial claim for extended benefits in an extended benefit | 22 |
| period, as
defined in paragraph 1 of subsection A, under | 23 |
| the Interstate Benefit Payment
Plan unless there also | 24 |
| exists an extended benefit period, as defined in
paragraph | 25 |
| 1 of subsection A, in the state where such claim is filed. | 26 |
| Such
maximum eligibility shall continue as long as the |
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| individual continues to
file his claim under the Interstate | 2 |
| Benefit Payment Plan, notwithstanding
that the individual | 3 |
| moves to another state where an extended benefit period
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| exists and files for weeks prior to his initial Interstate | 5 |
| claim in that state.
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| 5. To assure full tax credit to the employers of this | 7 |
| state against the
tax imposed by the Federal Unemployment | 8 |
| Tax Act, the Director shall take
any action or issue any | 9 |
| regulations necessary in the administration of this
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| subsection to insure that its provisions are so interpreted | 11 |
| and applied
as to meet the requirements of such Federal Act | 12 |
| as interpreted by the United
States Secretary of Labor or | 13 |
| other appropriate Federal agency.
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| K. 1. Notwithstanding any other provisions of this Act, an | 15 |
| individual
shall be ineligible for the payment of extended | 16 |
| benefits for any week of
unemployment in his eligibility | 17 |
| period if the Director finds that during such
period:
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| a. he failed to accept any offer of suitable work | 19 |
| (as defined in
paragraph 3 below) or failed to apply | 20 |
| for any suitable work to which he was
referred by the | 21 |
| Director; or
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| b. he failed to actively engage in seeking work as | 23 |
| prescribed under
paragraph 5 below.
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| 2. Any individual who has been found ineligible for | 25 |
| extended benefits
by reason of the provisions of paragraph | 26 |
| 1 of this subsection shall be denied
benefits beginning |
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| with the first day of the week in which such failure
has | 2 |
| occurred and until he has been employed in each of 4 | 3 |
| subsequent weeks
(whether or not consecutive) and has | 4 |
| earned remuneration equal to at least
4 times his weekly | 5 |
| benefit amount.
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| 3. For purposes of this subsection only, the term | 7 |
| "suitable work" means,
with respect to any individual, any | 8 |
| work which is within such individual's
capabilities, | 9 |
| provided, however, that the gross average weekly | 10 |
| remuneration
payable for the work must exceed the sum of:
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| a. the individual's extended weekly benefit amount | 12 |
| as determined under
subsection E above plus
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| b. the amount, if any, of supplemental | 14 |
| unemployment benefits (as defined
in Section | 15 |
| 501(c)(17)(D) of the Internal Revenue Code of 1954) | 16 |
| payable to
such individual for such week; and further,
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| c. pays wages not less than the higher of --
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| (i) the minimum wage provided by Section 6 | 19 |
| (a)(1) of the Fair Labor
Standards Act of 1938, | 20 |
| without regard to any exemption; or
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| (ii) the applicable state or local minimum | 22 |
| wage;
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| d. provided, however, that no individual shall be | 24 |
| denied extended
benefits for failure to accept an offer | 25 |
| of or apply for any job which meets the
definition of | 26 |
| suitability as described above if:
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| (i) the position was not offered to such | 2 |
| individual in writing or was
not listed with the | 3 |
| employment service;
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| (ii) such failure could not result in a denial | 5 |
| of benefits under the
definition of suitable work | 6 |
| for regular benefits claimants in Section 603
to | 7 |
| the extent that the criteria of suitability in that | 8 |
| Section are not
inconsistent with the provisions | 9 |
| of this paragraph 3;
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| (iii) the individual furnishes satisfactory | 11 |
| evidence to the Director
that his prospects for | 12 |
| obtaining work in his customary occupation within | 13 |
| a
reasonably short period are good. If such | 14 |
| evidence is deemed satisfactory
for this purpose, | 15 |
| the determination of whether any work is suitable | 16 |
| with
respect to such individual shall be made in | 17 |
| accordance with the definition
of suitable work | 18 |
| for regular benefits in Section 603 without regard | 19 |
| to the
definition specified by this paragraph.
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| 4. Notwithstanding the provisions of paragraph 3 to the | 21 |
| contrary, no work
shall be deemed to be suitable work for | 22 |
| an individual which does not accord
with the labor standard | 23 |
| provisions required by Section 3304(a)(5) of the
Internal | 24 |
| Revenue Code of 1954 and set forth herein under Section 603 | 25 |
| of this
Act.
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| 5. For the purposes of subparagraph b of paragraph 1, |
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| an individual shall
be treated as actively engaged in | 2 |
| seeking work during any week if --
| 3 |
| a. the individual has engaged in a systematic and | 4 |
| sustained effort to
obtain work during such week, and
| 5 |
| b. the individual furnishes tangible evidence that | 6 |
| he has engaged in
such effort during such week.
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| 6. The employment service shall refer any individual | 8 |
| entitled to extended
benefits under this Act to any | 9 |
| suitable work which meets the criteria
prescribed in | 10 |
| paragraph 3.
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| 7. Notwithstanding any other provision of this Act, an | 12 |
| individual shall
not be eligible to receive extended | 13 |
| benefits, otherwise payable under this
Section, with | 14 |
| respect to any week of unemployment in his eligibility | 15 |
| period
if such individual has been held ineligible for | 16 |
| benefits under the provisions
of Sections 601, 602 or 603 | 17 |
| of this Act until such individual had requalified
for such | 18 |
| benefits by returning to employment and satisfying the | 19 |
| monetary
requalification provision by earning at least his | 20 |
| weekly benefit amount.
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| 8. This subsection shall be effective for weeks | 22 |
| beginning on or after
March 31, 1981, and before March 7, | 23 |
| 1993, and for weeks beginning on or
after January 1, 1995.
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| L. Subject to appropriation, 13 weeks of additional | 25 |
| benefits, as defined in paragraph 7 of subsection A, shall be | 26 |
| paid to exhaustees. |
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| (Source: P.A. 86-3; 87-1266.)
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