Full Text of HB5536 96th General Assembly
HB5536 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5536
Introduced 2/9/2010, by Rep. Jack McGuire SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/401 |
from Ch. 48, par. 401 |
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Amends provisions of the Unemployment Insurance Act concerning dependents' allowances by including, in the definition of "child", a child who is under 23 years of age and enrolled as a full-time student.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB5536 |
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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 401 as follows: | 6 |
| (820 ILCS 405/401) (from Ch. 48, par. 401) | 7 |
| Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
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| A. With respect to any week beginning prior to April 24, | 9 |
| 1983, an
individual's weekly benefit amount shall be an amount | 10 |
| equal to the weekly
benefit amount as defined in this Act as in | 11 |
| effect on November 30, 1982.
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| B. 1. With respect to any week beginning on or after April | 13 |
| 24, 1983 and
before January 3, 1988, an individual's weekly | 14 |
| benefit amount shall be 48%
of his prior average weekly wage, | 15 |
| rounded (if not already a multiple of
one dollar) to the next | 16 |
| higher dollar; provided, however, that the weekly
benefit | 17 |
| amount cannot exceed the maximum weekly benefit amount, and | 18 |
| cannot
be less than 15% of the statewide average weekly wage, | 19 |
| rounded (if not already
a multiple of one dollar) to the next | 20 |
| higher dollar. However, the weekly
benefit amount for an | 21 |
| individual who has established a benefit year
beginning before | 22 |
| April 24, 1983, shall be determined, for weeks beginning
on or | 23 |
| after April 24, 1983 claimed with respect to that benefit year, |
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| as
provided under this Act as in effect on November 30, 1982.
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| With respect to any week beginning on or after January 3, 1988 | 3 |
| and before
January 1, 1993,
an individual's weekly benefit | 4 |
| amount shall be 49% of
his prior average weekly wage, rounded | 5 |
| (if not already a multiple of one
dollar) to the next higher | 6 |
| dollar; provided, however, that the weekly
benefit amount | 7 |
| cannot exceed the maximum weekly benefit amount, and cannot
be | 8 |
| less than $51.
With respect to any week beginning on or after | 9 |
| January
3, 1993 and during a benefit year beginning before | 10 |
| January 4, 2004, an
individual's weekly benefit amount shall be | 11 |
| 49.5% of his prior
average weekly wage, rounded (if not already | 12 |
| a multiple of one dollar) to
the next higher dollar; provided, | 13 |
| however, that the weekly benefit amount
cannot exceed the | 14 |
| maximum weekly benefit amount and cannot be less than $51.
With | 15 |
| respect to any benefit year beginning on or after January 4, | 16 |
| 2004 and
before January 6, 2008, an individual's weekly benefit | 17 |
| amount shall be 48% of
his or her prior average weekly wage, | 18 |
| rounded (if not already a multiple of one
dollar) to the next | 19 |
| higher dollar; provided, however, that the weekly benefit
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| amount cannot exceed the maximum weekly benefit amount and | 21 |
| cannot be less than
$51. With respect to any benefit year | 22 |
| beginning on or after January 6, 2008, an
individual's weekly | 23 |
| benefit amount shall be 47% of his or her prior average
weekly | 24 |
| wage, rounded (if not already a multiple of one dollar) to the | 25 |
| next
higher dollar; provided, however, that the weekly benefit | 26 |
| amount cannot exceed
the maximum weekly benefit amount and |
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| cannot be less than $51.
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| 2. For the purposes of this subsection:
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| With respect to any week beginning on or after April 24, | 4 |
| 1983, an
individual's "prior average weekly wage" means the | 5 |
| total wages for insured
work paid to that individual during the | 6 |
| 2 calendar quarters of his base
period in which such total | 7 |
| wages were highest, divided by 26. If
the quotient is not | 8 |
| already a multiple of one dollar, it shall be
rounded to the | 9 |
| nearest dollar; however if the quotient is equally near
2 | 10 |
| multiples of one dollar, it shall be rounded to the higher | 11 |
| multiple of
one dollar.
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| "Determination date" means June 1, 1982, December 1, 1982 | 13 |
| and December
1 of each succeeding calendar year thereafter. | 14 |
| However, if as of June 30,
1982, or any June 30 thereafter, the | 15 |
| net amount standing to the credit of
this State's account in | 16 |
| the unemployment trust fund (less all outstanding
advances to | 17 |
| that account, including advances pursuant to Title XII of the
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| federal Social Security Act) is greater than $100,000,000,
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| "determination date" shall mean December 1 of that year and | 20 |
| June 1 of the
succeeding year. Notwithstanding the preceding | 21 |
| sentence, for the purposes
of this Act only, there shall be no | 22 |
| June 1 determination date in any
year after 1986.
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| "Determination period" means, with respect to each June 1 | 24 |
| determination
date, the 12 consecutive calendar months ending | 25 |
| on the immediately preceding
December 31 and, with respect to | 26 |
| each December 1 determination date, the
12 consecutive calendar |
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| months ending on the immediately preceding June 30.
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| "Benefit period" means the 12 consecutive calendar month | 3 |
| period
beginning on the first day of the first calendar month | 4 |
| immediately following
a determination date, except that, with | 5 |
| respect to any calendar year
in which there is a June 1 | 6 |
| determination date, "benefit period" shall mean
the 6 | 7 |
| consecutive calendar month period beginning on the first day of | 8 |
| the first
calendar month immediately following the preceding | 9 |
| December 1 determination
date and the 6 consecutive calendar | 10 |
| month period beginning on the first
day of the first calendar | 11 |
| month immediately following the June 1 determination
date. | 12 |
| Notwithstanding the foregoing sentence, the 6 calendar months | 13 |
| beginning
January 1, 1982 and ending June 30, 1982 shall be | 14 |
| deemed a benefit period
with respect to which the determination | 15 |
| date shall be June 1, 1981.
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| "Gross wages" means all the wages paid to individuals | 17 |
| during the
determination period immediately preceding a | 18 |
| determination date for
insured work, and reported to the | 19 |
| Director by employers prior to the
first day of the third | 20 |
| calendar month preceding that date.
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| "Covered employment" for any calendar month means the total | 22 |
| number of
individuals, as determined by the Director, engaged | 23 |
| in insured work at
mid-month.
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| "Average monthly covered employment" means one-twelfth of | 25 |
| the sum of
the covered employment for the 12 months of a | 26 |
| determination period.
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| "Statewide average annual wage" means the quotient, | 2 |
| obtained by
dividing gross wages by average monthly covered | 3 |
| employment for the same
determination period, rounded (if not | 4 |
| already a multiple of one cent) to
the nearest cent.
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| "Statewide average weekly wage" means the quotient, | 6 |
| obtained by
dividing the statewide average annual wage by 52, | 7 |
| rounded (if not
already a multiple of one cent) to the nearest | 8 |
| cent. Notwithstanding any
provisions of this Section to the | 9 |
| contrary, the statewide average weekly
wage for the benefit | 10 |
| period beginning July 1, 1982 and ending December 31,
1982 | 11 |
| shall be the statewide average weekly wage in effect for the | 12 |
| immediately
preceding benefit period plus one-half of the | 13 |
| result obtained by
subtracting the statewide average weekly | 14 |
| wage for the immediately preceding
benefit period from the | 15 |
| statewide average weekly wage for the benefit
period beginning | 16 |
| July 1, 1982 and ending December 31, 1982 as such statewide
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| average weekly wage would have been determined but for the | 18 |
| provisions of
this paragraph. Notwithstanding any provisions | 19 |
| of this Section to the
contrary, the statewide average weekly | 20 |
| wage for the benefit period beginning
April 24, 1983 and ending | 21 |
| January 31, 1984 shall be $321 and for the benefit
period | 22 |
| beginning February 1, 1984 and ending December 31, 1986 shall | 23 |
| be
$335, and for the benefit period beginning January 1, 1987, | 24 |
| and ending
December 31, 1987, shall be $350, except that for an | 25 |
| individual who has
established a benefit year beginning before | 26 |
| April 24, 1983, the statewide
average weekly wage used in |
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| determining benefits, for any week beginning on
or after April | 2 |
| 24, 1983, claimed with respect to that benefit year, shall
be | 3 |
| $334.80, except that, for the purpose of determining the | 4 |
| minimum weekly
benefit amount under subsection B(1) for the | 5 |
| benefit period beginning
January 1, 1987, and ending December | 6 |
| 31, 1987, the statewide average
weekly wage shall be $335; for | 7 |
| the benefit
periods January 1, 1988 through December 31, 1988, | 8 |
| January
1, 1989 through December 31, 1989, and January 1, 1990
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| through December 31, 1990, the statewide average weekly
wage | 10 |
| shall be $359, $381, and $406, respectively.
Notwithstanding | 11 |
| the preceding sentences of this paragraph,
for the benefit | 12 |
| period of calendar year 1991, the statewide
average weekly wage | 13 |
| shall be $406 plus (or minus) an
amount equal to the percentage | 14 |
| change in the statewide
average weekly wage, as computed in | 15 |
| accordance with
the preceding sentences of this paragraph, | 16 |
| between the
benefit periods of calendar years 1989 and 1990, | 17 |
| multiplied
by $406; and, for the benefit periods of calendar | 18 |
| years 1992 through
2003 and calendar year 2005 and each | 19 |
| calendar year
thereafter, the
statewide average weekly wage, | 20 |
| shall be the statewide
average weekly wage, as determined in | 21 |
| accordance with
this sentence, for the immediately preceding | 22 |
| benefit
period plus (or minus) an amount equal to the | 23 |
| percentage
change in the statewide average weekly wage, as | 24 |
| computed
in accordance with the preceding sentences of this | 25 |
| paragraph,
between the 2 immediately preceding benefit | 26 |
| periods,
multiplied by the statewide average weekly wage, as
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| determined in accordance with this sentence, for the
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| immediately preceding benefit period.
However, for purposes of | 3 |
| the
Workers'
Compensation Act, the statewide average weekly | 4 |
| wage will be computed
using June 1 and December 1 determination | 5 |
| dates of each calendar year and
such determination shall not be | 6 |
| subject to the limitation of $321,
$335, $350, $359, $381, $406 | 7 |
| or the statewide average weekly wage as
computed in accordance | 8 |
| with the preceding sentence of this
paragraph.
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| With respect to any week beginning on or after April 24, | 10 |
| 1983 and before
January 3, 1988,
"maximum weekly benefit | 11 |
| amount" means 48% of the statewide
average weekly wage, rounded | 12 |
| (if not already a multiple of one dollar) to
the nearest | 13 |
| dollar, provided however, that the maximum weekly
benefit | 14 |
| amount for an individual who has established a benefit year | 15 |
| beginning
before April 24, 1983, shall be determined, for weeks | 16 |
| beginning on or
after April 24, 1983 claimed with respect to | 17 |
| that benefit year,
as provided under this Act as amended and in | 18 |
| effect on November 30,
1982, except that the statewide average | 19 |
| weekly wage used in such determination
shall be $334.80.
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| With respect to any week beginning after January 2, 1988 | 21 |
| and before
January 1, 1993, "maximum weekly benefit amount" | 22 |
| with respect to each week
beginning within a benefit period | 23 |
| means 49% of the statewide average weekly
wage, rounded (if not | 24 |
| already a multiple of one dollar) to the next higher
dollar.
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| With respect to any week beginning on or after January 3, | 26 |
| 1993 and during a
benefit year beginning before January 4, |
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| 2004,
"maximum weekly benefit amount" with respect to each week | 2 |
| beginning within
a benefit period means 49.5% of the statewide | 3 |
| average weekly wage, rounded
(if not already a multiple of one | 4 |
| dollar) to the next higher dollar.
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| With respect to any benefit year beginning on or after | 6 |
| January 4, 2004 and
before January 6, 2008, "maximum weekly | 7 |
| benefit amount" with respect to each
week beginning within a | 8 |
| benefit period means 48% of the statewide average
weekly wage, | 9 |
| rounded (if not already a multiple of one dollar) to the next
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| higher dollar.
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| With respect to any benefit year beginning on or after | 12 |
| January 6, 2008,
"maximum weekly benefit amount" with respect | 13 |
| to each week beginning within a
benefit period means 47% of the | 14 |
| statewide average weekly wage, rounded (if not
already a | 15 |
| multiple of one dollar) to the next higher dollar.
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| C. With respect to any week beginning on or after April 24, | 17 |
| 1983 and before
January 3, 1988,
an individual to whom benefits | 18 |
| are payable with respect
to any week shall, in addition to such | 19 |
| benefits, be paid, with respect to such
week, as follows: in | 20 |
| the case of an individual with a nonworking spouse,
7% of his | 21 |
| prior average weekly wage, rounded (if not already a multiple
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| of one dollar) to the higher dollar; provided, that the total | 23 |
| amount payable
to the individual with respect to a week shall | 24 |
| not exceed 55% of the statewide
average weekly wage, rounded | 25 |
| (if not already a multiple of one dollar) to
the nearest | 26 |
| dollar; and in the case of an individual with a dependent child
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| or dependent children, 14.4% of his prior average weekly wage, | 2 |
| rounded (if
not already a multiple of one dollar) to the higher | 3 |
| dollar; provided, that
the total amount payable to the | 4 |
| individual with respect to a week shall
not exceed 62.4% of the | 5 |
| statewide average weekly wage, rounded (if not already
a | 6 |
| multiple of one dollar) to the next higher dollar with respect | 7 |
| to the
benefit period beginning January 1, 1987 and ending | 8 |
| December 31, 1987, and
otherwise to the nearest dollar. | 9 |
| However, for an individual with a
nonworking spouse or with a | 10 |
| dependent child or children who has established
a benefit year | 11 |
| beginning before April 24, 1983, the amount of additional
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| benefits payable on account of the nonworking spouse or | 13 |
| dependent child
or children shall be determined, for weeks | 14 |
| beginning on or after April
24, 1983 claimed with respect to | 15 |
| that benefit year, as provided under
this Act as in effect on | 16 |
| November 30, 1982, except that the
statewide average weekly | 17 |
| wage used in such determination shall be $334.80.
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| With respect to any week beginning on or after January 2, | 19 |
| 1988 and before
January 1, 1991 and any week beginning on or | 20 |
| after January 1, 1992, and before
January 1, 1993, an | 21 |
| individual to whom benefits are payable
with respect to any
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| 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,
8% of his prior average weekly wage, | 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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| individual with respect to a week shall not
exceed 57% of the | 2 |
| statewide average weekly wage, rounded (if not already
a | 3 |
| multiple of one dollar) to the next higher dollar; and in the | 4 |
| case of
an individual with a dependent child or dependent | 5 |
| children, 15% of
his prior average weekly wage, rounded (if not | 6 |
| already a multiple of one
dollar) to the next higher dollar, | 7 |
| provided that the total amount
payable to the individual with | 8 |
| respect to a week shall not exceed 64%
of the statewide average | 9 |
| weekly wage, rounded (if not already a
multiple of one dollar) | 10 |
| to the next higher dollar.
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| With respect to any week beginning on or after January 1, | 12 |
| 1991 and before
January 1, 1992, an individual to whom benefits | 13 |
| are payable with respect to
any week shall, in addition to the | 14 |
| benefits, be paid, with respect to such
week, as follows: in | 15 |
| the case of an individual with a nonworking spouse,
8.3% of his | 16 |
| prior average weekly wage, rounded (if not already a multiple
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| of one dollar) to the next higher dollar, provided, that the | 18 |
| total amount
payable to the individual with respect to a week | 19 |
| shall not exceed 57.3%
of the statewide average weekly wage, | 20 |
| rounded (if not already a multiple of
one dollar) to the next | 21 |
| higher dollar; and in the case of an individual
with a | 22 |
| dependent child or dependent children, 15.3% of his prior | 23 |
| average
weekly wage, rounded (if not already a multiple of one | 24 |
| dollar) to the next
higher dollar, provided that the total | 25 |
| amount payable to the individual
with respect to a week shall | 26 |
| not exceed 64.3% of the statewide average
weekly wage, rounded |
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| (if not already a multiple of one dollar) to the next
higher | 2 |
| dollar.
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| With respect to any week beginning on or after January 3, | 4 |
| 1993,
during a benefit year beginning before January 4, 2004,
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| an individual to whom benefits are payable with respect to any
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| week shall, in addition to those benefits, be paid, with | 7 |
| respect to such
week, as follows: in the case of an individual | 8 |
| with a nonworking spouse,
9% of his prior average weekly wage, | 9 |
| rounded (if not already a multiple
of one dollar) to the next | 10 |
| higher dollar, provided, that the total
amount payable to the | 11 |
| individual with respect to a week shall not
exceed 58.5% of the | 12 |
| statewide average weekly wage, rounded (if not already
a | 13 |
| multiple of one dollar) to the next higher dollar; and in the | 14 |
| case of
an individual with a dependent child or dependent | 15 |
| children, 16% of
his prior average weekly wage, rounded (if not | 16 |
| already a multiple of one
dollar) to the next higher dollar, | 17 |
| provided that the total amount
payable to the individual with | 18 |
| respect to a week shall not exceed 65.5%
of the statewide | 19 |
| average weekly wage, rounded (if not already a
multiple of one | 20 |
| dollar) to the next higher dollar.
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| With respect to any benefit year beginning on or after | 22 |
| January 4, 2004 and
before January 6, 2008, an individual to | 23 |
| whom benefits are payable with respect
to any week shall, in | 24 |
| addition to those benefits, be paid, with respect to such
week, | 25 |
| as follows: in the case of an individual with a nonworking | 26 |
| spouse, 9% of
his or her prior average weekly wage, rounded (if |
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| not already a multiple of one
dollar) to the next higher | 2 |
| dollar, provided, that the total amount payable to
the | 3 |
| individual with respect to a week shall not exceed 57% of the | 4 |
| statewide
average weekly wage, rounded (if not already a | 5 |
| multiple of one dollar) to the
next higher dollar; and in the | 6 |
| case of an individual with a dependent child or
dependent | 7 |
| children, 17.2% 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 65.2% of the | 11 |
| statewide average weekly wage, rounded (if not already a
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| multiple of one dollar) to the next higher dollar.
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| With respect to any benefit year beginning on or after | 14 |
| January 6, 2008 and before January 1, 2010, an
individual to | 15 |
| whom benefits are payable with respect to any week shall, in
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| addition to those benefits, be paid, with respect to such week, | 17 |
| as follows: in
the case of an individual with a nonworking | 18 |
| spouse, 9% of his or her prior
average weekly wage, rounded (if | 19 |
| not already a multiple of one dollar) to the
next higher | 20 |
| dollar, provided, that the total amount payable
to the | 21 |
| individual with respect to a week shall not exceed 56% of the | 22 |
| statewide
average weekly wage, rounded (if not already a | 23 |
| multiple of one dollar) to the
next higher dollar; and in the | 24 |
| case of an individual with a dependent child or
dependent | 25 |
| children, 18.2% 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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| higher dollar, provided that
the total amount payable to the | 2 |
| individual with respect to a week
shall not exceed 65.2% of the | 3 |
| statewide average weekly wage, rounded (if not
already a | 4 |
| multiple of one dollar) to the next higher dollar. | 5 |
| The additional
amount paid pursuant to this subsection in | 6 |
| the case of an individual with a
dependent child or dependent | 7 |
| children shall be referred to as the "dependent
child | 8 |
| allowance", and the percentage rate by which an individual's | 9 |
| prior average weekly wage is multiplied pursuant to this | 10 |
| subsection to calculate the dependent child allowance shall be | 11 |
| referred to as the "dependent child allowance rate". | 12 |
| With respect to any benefit year beginning on or after | 13 |
| January 1, 2010, an individual to whom benefits are payable | 14 |
| with respect to any week shall, in addition to those benefits, | 15 |
| be paid, with respect to such week, as follows: in the case of | 16 |
| an individual with a nonworking spouse, the greater of (i) 9% | 17 |
| of his or her prior average weekly wage, rounded (if not | 18 |
| already a multiple of one dollar) to the next higher dollar, or | 19 |
| (ii) $15, provided that the total amount payable to the | 20 |
| individual with respect to a week shall not exceed 56% of the | 21 |
| statewide average weekly wage, rounded (if not already a | 22 |
| multiple of one dollar) to the next higher dollar; and in the | 23 |
| case of an individual with a dependent child or dependent | 24 |
| children, the greater of (i) the product of the dependent child | 25 |
| allowance rate multiplied by his or her prior average weekly | 26 |
| wage, rounded (if not already a multiple of one dollar) to the |
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| next higher dollar, or (ii) the lesser of $50 or 50% of his or | 2 |
| her weekly benefit amount, rounded (if not already a multiple | 3 |
| of one dollar) to the next higher dollar, provided that the | 4 |
| total amount payable to the individual with respect to a week | 5 |
| shall not exceed the product of the statewide average weekly | 6 |
| wage multiplied by the sum of 47% plus the dependent child | 7 |
| allowance rate, rounded (if not already a multiple of one | 8 |
| dollar) to the next higher dollar. | 9 |
| With respect to each benefit year beginning after calendar | 10 |
| year 2009, the
dependent child allowance rate shall be the sum | 11 |
| of the allowance adjustment
applicable pursuant to Section | 12 |
| 1400.1 to the calendar year in which the benefit
year begins, | 13 |
| plus the dependent child
allowance rate with respect to each | 14 |
| benefit year beginning in the immediately
preceding calendar | 15 |
| year, except as otherwise provided in this subsection. The | 16 |
| dependent
child allowance rate with respect to each benefit | 17 |
| year beginning in calendar year 2010 shall not be greater than | 18 |
| 18.2%.
The dependent child allowance rate with respect to each | 19 |
| benefit year beginning in calendar year 2011 shall be reduced | 20 |
| by 0.2% absolute below the rate it would otherwise have been | 21 |
| pursuant to this subsection and, with respect to each benefit | 22 |
| year beginning after calendar year 2010, except as otherwise | 23 |
| provided, shall not be less than 17.1% or greater than 18.0%. | 24 |
| Unless, as a result of this sentence, the agreement between the | 25 |
| Federal Government and State regarding the Federal Additional | 26 |
| Compensation program established under Section 2002 of the |
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| American Recovery and Reinvestment Act, or a successor program, | 2 |
| would not apply or would cease to apply, the dependent child | 3 |
| allowance rate with respect to each benefit year beginning in | 4 |
| calendar year 2012 shall be reduced by 0.1% absolute below the | 5 |
| rate it would otherwise have been pursuant to this subsection | 6 |
| and, with respect to each benefit year beginning after calendar | 7 |
| year 2011, shall not be less than 17.0% or greater than 17.9%.
| 8 |
| For the purposes of this subsection:
| 9 |
| "Dependent" means a child or a nonworking spouse.
| 10 |
| "Child" means a natural child, stepchild, or adopted child | 11 |
| of an
individual claiming benefits under this Act or a child | 12 |
| who is in the
custody of any such individual by court order, | 13 |
| for whom the individual is
supplying and, for at least 90 | 14 |
| consecutive days (or for the duration of
the parental | 15 |
| relationship if it has existed for less than 90 days)
| 16 |
| immediately preceding any week with respect to which the | 17 |
| individual has
filed a claim, has supplied more than one-half | 18 |
| the cost of support, or
has supplied at least 1/4 of the cost | 19 |
| of support if the individual and
the other parent, together, | 20 |
| are supplying and, during the aforesaid
period, have supplied | 21 |
| more than one-half the cost of support, and are,
and were | 22 |
| during the aforesaid period, members of the same household; and
| 23 |
| who, on the first day of such week (a) is under 18 years of age, | 24 |
| or (b)
is, and has been during the immediately preceding 90 | 25 |
| days, unable to
work because of illness or other disability , or | 26 |
| (c) is under 23 years of age and enrolled as a full-time |
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|
HB5536 |
- 16 - |
LRB096 19214 WGH 34605 b |
|
| 1 |
| student : provided, that no person
who has been determined to be | 2 |
| a child of an individual who has been
allowed benefits with | 3 |
| respect to a week in the individual's benefit
year shall be | 4 |
| deemed to be a child of the other parent, and no other
person | 5 |
| shall be determined to be a child of such other parent, during
| 6 |
| the remainder of that benefit year.
| 7 |
| "Nonworking spouse" means the lawful husband or wife of an | 8 |
| individual
claiming benefits under this Act, for whom more than | 9 |
| one-half the cost
of support has been supplied by the | 10 |
| individual for at least 90
consecutive days (or for the | 11 |
| duration of the marital relationship if it
has existed for less | 12 |
| than 90 days) immediately preceding any week with
respect to | 13 |
| which the individual has filed a claim, but only if the
| 14 |
| nonworking spouse is currently ineligible to receive benefits | 15 |
| under this
Act by reason of the provisions of Section 500E.
| 16 |
| An individual who was obligated by law to provide for the | 17 |
| support of
a child or of a nonworking spouse for the aforesaid | 18 |
| period of 90 consecutive
days, but was prevented by illness or | 19 |
| injury from doing so, shall be deemed
to have provided more | 20 |
| than one-half the cost of supporting the child or
nonworking | 21 |
| spouse for that period.
| 22 |
| (Source: P.A. 96-30, eff. 6-30-09.)
|
|