Full Text of HB3897 102nd General Assembly
HB3897 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3897 Introduced 2/22/2021, by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED: |
| 820 ILCS 405/1502.1 | from Ch. 48, par. 572.1 |
|
Amends the Unemployment Insurance Act. Provides that an employer's liability to pay benefit charges shall be limited to 50% of the benefit charges resulting from payments to a claimant.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | HB3897 | | LRB102 15132 JLS 20487 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 1502.1 as follows: | 6 | | (820 ILCS 405/1502.1) (from Ch. 48, par. 572.1)
| 7 | | Sec. 1502.1. Employer's benefit charges.
| 8 | | A. Benefit charges which result from payments to any | 9 | | claimant made on or
after July 1, 1989 shall be charged:
| 10 | | 1. For benefit years beginning prior to July 1, 1989, | 11 | | to
each employer who paid wages to the claimant during his | 12 | | base period;
| 13 | | 2. For benefit years beginning on or after July 1,
| 14 | | 1989 but before January 1, 1993, to the later of:
| 15 | | a. the last employer prior to the beginning of the | 16 | | claimant's benefit
year:
| 17 | | i. from whom the claimant was separated or | 18 | | who, by reduction of work
offered, caused the | 19 | | claimant to become unemployed as defined in | 20 | | Section 239,
and,
| 21 | | ii. for whom the claimant performed services | 22 | | in employment, on each of
30 days whether or not | 23 | | such days are consecutive, provided that the wages |
| | | HB3897 | - 2 - | LRB102 15132 JLS 20487 b |
|
| 1 | | for
such services were earned during the period | 2 | | from the beginning of the
claimant's base period | 3 | | to the beginning of the claimant's benefit year; | 4 | | but
that employer shall not be charged if:
| 5 | | (1) the claimant's last separation from | 6 | | that employer was a
voluntary leaving without | 7 | | good cause, as the term is used in Section | 8 | | 601A or
under the circumstances described in | 9 | | paragraphs 1 and 2 of Section 601B; or
| 10 | | (2) the claimant's last separation from | 11 | | that employer was a
discharge for misconduct | 12 | | or a felony or theft connected with his work | 13 | | from that
employer, as these terms are used in | 14 | | Section 602; or
| 15 | | (3) after his last separation from that | 16 | | employer, prior to the
beginning of his | 17 | | benefit year, the claimant refused to accept | 18 | | an offer of or to
apply for suitable work from | 19 | | that employer without good cause, as these | 20 | | terms
are used in Section 603; or
| 21 | | (4) the claimant, following his last | 22 | | separation from that employer,
prior to the | 23 | | beginning of his benefit year, is ineligible | 24 | | or would have
been ineligible under Section | 25 | | 612 if he has or had had base period wages
from | 26 | | the employers to which that Section applies; |
| | | HB3897 | - 3 - | LRB102 15132 JLS 20487 b |
|
| 1 | | or
| 2 | | (5) the claimant subsequently performed | 3 | | services for at least 30
days for an | 4 | | individual or organization which is not an | 5 | | employer subject to
this Act; or
| 6 | | b. the single employer who pays wages to the | 7 | | claimant that allow him
to requalify for benefits | 8 | | after disqualification under Section 601, 602 or 603,
| 9 | | if:
| 10 | | i. the disqualifying event occurred prior to | 11 | | the beginning of the
claimant's benefit year, and
| 12 | | ii. the requalification occurred after the | 13 | | beginning of the claimant's
benefit year, and
| 14 | | iii. even if the 30 day requirement given in | 15 | | this paragraph is not
satisfied; but
| 16 | | iv. the requalifying employer shall not be | 17 | | charged if the claimant is
held ineligible with | 18 | | respect to that requalifying employer under | 19 | | Section
601, 602 or 603.
| 20 | | 3. For benefit years beginning on or after January 1, | 21 | | 1993, with
respect to each week for which benefits are | 22 | | paid, to the later of:
| 23 | | a. the last employer:
| 24 | | i. from whom the claimant was separated or | 25 | | who, by reduction of
work offered, caused the | 26 | | claimant to become unemployed as defined in |
| | | HB3897 | - 4 - | LRB102 15132 JLS 20487 b |
|
| 1 | | Section
239, and
| 2 | | ii. for whom the claimant performed services | 3 | | in employment, on
each of 30 days whether or not | 4 | | such days are consecutive, provided that the
wages | 5 | | for such services were earned since the beginning | 6 | | of the claimant's
base period; but that employer | 7 | | shall not be charged if:
| 8 | | (1) the claimant's separation from that | 9 | | employer was a voluntary
leaving without good | 10 | | cause, as the term is used in Section 601A or | 11 | | under
the circumstances described in | 12 | | paragraphs 1, 2, and 6 of
Section 601B; or
| 13 | | (2) the claimant's separation from that | 14 | | employer was a discharge
for misconduct or a | 15 | | felony or theft connected with his work from | 16 | | that
employer, as these terms are used in | 17 | | Section 602; or
| 18 | | (3) the claimant refused to accept an | 19 | | offer of or to apply for
suitable work from | 20 | | that employer without good cause, as these | 21 | | terms are
used in Section 603 (but only for | 22 | | weeks following the refusal of work); or
| 23 | | (4) the claimant subsequently performed | 24 | | services for at least 30
days for an | 25 | | individual or organization which is not an | 26 | | employer subject to this
Act; or
|
| | | HB3897 | - 5 - | LRB102 15132 JLS 20487 b |
|
| 1 | | (5) the claimant, following his separation | 2 | | from that employer, is
ineligible or would | 3 | | have been ineligible under Section 612 if he | 4 | | has or had
had base period wages from the | 5 | | employers to which that Section applies
(but | 6 | | only for the period of ineligibility or | 7 | | potential ineligibility); or
| 8 | | b. the single employer who pays wages to the | 9 | | claimant that allow him
to requalify for benefits | 10 | | after disqualification under Section 601, 602, or
603, | 11 | | even if the 30 day requirement given in this paragraph | 12 | | is not
satisfied; but the requalifying employer shall | 13 | | not be charged if the
claimant is held ineligible with | 14 | | respect to that requalifying employer
under Section | 15 | | 601, 602, or 603.
| 16 | | A-5. On and after the effective date of this amendatory | 17 | | Act of the 102nd General Assembly, an employer shall be | 18 | | charged for only 50% of the benefit charges that result from | 19 | | the payment of benefits to the claimant. | 20 | | B. Whenever a claimant is ineligible pursuant to Section | 21 | | 614 on the
basis of wages paid during his base period, any days | 22 | | on which such wages
were earned shall not be counted in | 23 | | determining whether that claimant
performed services during at | 24 | | least 30 days for the employer that paid such
wages as required | 25 | | by paragraphs 2 and 3 of subsection A.
| 26 | | C. If no employer meets the requirements of paragraph 2 or |
| | | HB3897 | - 6 - | LRB102 15132 JLS 20487 b |
|
| 1 | | 3 of subsection
A, then no employer will be chargeable for any | 2 | | benefit charges which result
from the payment of benefits to | 3 | | the claimant for that benefit year.
| 4 | | D. Notwithstanding the preceding provisions of this | 5 | | Section, no employer
shall be chargeable for any benefit | 6 | | charges which result from the payment of
benefits to any | 7 | | claimant after the effective date of this amendatory Act of
| 8 | | 1992 where the claimant's separation from that employer | 9 | | occurred
as a result of his detention, incarceration, or | 10 | | imprisonment under State,
local, or federal law.
| 11 | | D-1. Notwithstanding any other provision of this Act, | 12 | | including those affecting finality of benefit charges or | 13 | | rates, an employer shall not be chargeable for any benefit | 14 | | charges which result from the payment of benefits to an | 15 | | individual for any week of unemployment after January 1, 2003,
| 16 | | during the period that the employer's business is closed | 17 | | solely because of the entrance of the employer, one or more of | 18 | | the partners or officers of the employer, or the majority | 19 | | stockholder of the employer into active duty in the Illinois | 20 | | National Guard or the Armed Forces of the United States.
| 21 | | D-2. Notwithstanding any other provision of this Act, an | 22 | | employer shall not be chargeable for any benefit charges that | 23 | | result from the payment of benefits to an individual for any | 24 | | week of unemployment after the effective date of this | 25 | | amendatory Act of the 100th General Assembly if the payment | 26 | | was the result of the individual voluntarily leaving work |
| | | HB3897 | - 7 - | LRB102 15132 JLS 20487 b |
|
| 1 | | under the conditions described in item 6 of subsection C of | 2 | | Section 500. | 3 | | E. For the purposes of Sections 302, 409, 701, 1403, 1404, | 4 | | 1405 and
1508.1, last employer means the employer that:
| 5 | | 1. is charged for benefit payments which become | 6 | | benefit charges under this
Section, or
| 7 | | 2. would have been liable for such benefit charges if | 8 | | it had not elected
to make payments in lieu of | 9 | | contributions.
| 10 | | (Source: P.A. 100-484, eff. 9-8-17.)
|
|