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(820 ILCS 405/1505) (from Ch. 48, par. 575)
Sec. 1505. Adjustment of state experience factor. (I) If and only if funds from the State treasury are not appropriated on or before January 31, 2023 that are dedicated to pay all outstanding advances made to the State's account in the Unemployment Trust Fund pursuant to Title XII of the federal Social Security Act, then
this Part (I) is inoperative retroactive to January 1, 2023. The state experience
factor shall be adjusted in accordance with the following provisions:
A. For calendar years prior to 1988, the state experience factor shall be adjusted in accordance with the provisions of this Act as amended and in effect on November 18, 2011.
B. (Blank).
C. For calendar year 1988
and each calendar year thereafter, for which the state
experience factor is being determined.
1. For every $50,000,000 (or fraction thereof) by |
| which the adjusted trust fund balance falls below the target balance set forth in this subsection, the state experience factor for the succeeding year shall be increased one percent absolute.
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|
For every $50,000,000 (or fraction thereof) by which
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| the adjusted trust fund balance exceeds the target balance set forth in this subsection, the state experience factor for the succeeding year shall be decreased by one percent absolute.
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The target balance in each calendar year prior to
|
| 2003 is $750,000,000. The target balance in calendar year 2003 is $920,000,000. The target balance in calendar year 2004 is $960,000,000. The target balance in calendar year 2005 and each calendar year through 2022 is $1,000,000,000. The target balance in calendar year 2023 and each calendar year thereafter is $1,750,000,000.
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2. For the purposes of this subsection:
"Net trust fund balance" is the amount standing to
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| the credit of this State's account in the unemployment trust fund as of June 30 of the calendar year immediately preceding the year for which a state experience factor is being determined.
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|
"Adjusted trust fund balance" is the net trust fund
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| balance minus the sum of the benefit reserves for fund building for July 1, 1987 through June 30 of the year prior to the year for which the state experience factor is being determined. The adjusted trust fund balance shall not be less than zero. If the preceding calculation results in a number which is less than zero, the amount by which it is less than zero shall reduce the sum of the benefit reserves for fund building for subsequent years.
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For the purpose of determining the state experience
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| factor for 1989 and for each calendar year thereafter, the following "benefit reserves for fund building" shall apply for each state experience factor calculation in which that 12 month period is applicable:
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a. For the 12 month period ending on June 30,
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| 1988, the "benefit reserve for fund building" shall be 8/104th of the total benefits paid from January 1, 1988 through June 30, 1988.
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b. For the 12 month period ending on June 30,
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| 1989, the "benefit reserve for fund building" shall be the sum of:
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i. 8/104ths of the total benefits paid from
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| July 1, 1988 through December 31, 1988, plus
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ii. 4/108ths of the total benefits paid from
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| January 1, 1989 through June 30, 1989.
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|
c. For the 12 month period ending on June 30,
|
| 1990, the "benefit reserve for fund building" shall be 4/108ths of the total benefits paid from July 1, 1989 through December 31, 1989.
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d. For 1992 and for each calendar year
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| thereafter, the "benefit reserve for fund building" for the 12 month period ending on June 30, 1991 and for each subsequent 12 month period shall be zero.
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3. Notwithstanding the preceding provisions of this
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| subsection, for calendar years 1988 through 2003, the state experience factor shall not be increased or decreased by more than 15 percent absolute.
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|
D. Notwithstanding the provisions of subsection C, the
adjusted state experience factor:
1. Shall be 111 percent for calendar year 1988;
2. Shall not be less than 75 percent nor greater than
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| 135 percent for calendar years 1989 through 2003; and shall not be less than 75% nor greater than 150% for calendar year 2004 and each calendar year thereafter, not counting any increase pursuant to subsection D-1, D-2, or D-3;
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3. Shall not be decreased by more than 5 percent
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| absolute for any calendar year, beginning in calendar year 1989 and through calendar year 1992, by more than 6% absolute for calendar years 1993 through 1995, by more than 10% absolute for calendar years 1999 through 2003 and by more than 12% absolute for calendar year 2004 and each calendar year thereafter, from the adjusted state experience factor of the calendar year preceding the calendar year for which the adjusted state experience factor is being determined;
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4. Shall not be increased by more than 15% absolute
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| for calendar year 1993, by more than 14% absolute for calendar years 1994 and 1995, by more than 10% absolute for calendar years 1999 through 2003 and by more than 16% absolute for calendar year 2004 and each calendar year thereafter, from the adjusted state experience factor for the calendar year preceding the calendar year for which the adjusted state experience factor is being determined;
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5. Shall be 100% for calendar years 1996, 1997, and
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D-1. The adjusted state experience factor for each of calendar years 2013 through 2015 shall be increased by 5% absolute above the adjusted state experience factor as calculated without regard to this subsection. The adjusted state experience factor for each of calendar years 2016 through 2018 shall be increased by 6% absolute above the adjusted state experience factor as calculated without regard to this subsection. The increase in the adjusted state experience factor for calendar year 2018 pursuant to this subsection shall not be counted for purposes of applying paragraph 3 or 4 of subsection D to the calculation of the adjusted state experience factor for calendar year 2019.
D-2. (Blank).
D-3. The adjusted state experience factor for calendar year 2025 shall be increased by 20% absolute above the adjusted state experience factor as calculated without regard to this subsection. The increase in the adjusted state experience factor for calendar year 2025 pursuant to this subsection shall not be counted for purposes of applying paragraph 3 or 4 of subsection D to the calculation of the adjusted state experience factor for calendar year 2026.
D-4. If and only if an appropriation as set forth in subsection B of Part (I) of Section 2101.1 is made, the adjusted state experience factor for calendar years beginning in 2024 shall be increased by 3% absolute above the adjusted state experience factor as calculated without regard to this subsection or subsection D-3. The increase in the state experience factor provided for in this subsection shall not be counted for purposes of applying paragraph 3 or 4 of subsection D to the calculation of the adjusted state experience factor for the following calendar year. This subsection shall cease to be operative beginning January 1 of the calendar year following the calendar year in which the total amount of the transfers of funds provided for in subsection B of Part (I) of Section 2101.1 equals the total amount of the appropriation.
E. The amount standing to the credit of this State's account in the
unemployment trust fund as of June 30 shall be deemed to include as part
thereof (a) any amount receivable on that date from any Federal
governmental agency, or as a payment in lieu of contributions under the
provisions of Sections 1403 and 1405 B and paragraph 2 of Section 302C,
in reimbursement of benefits paid to individuals, and (b) amounts
credited by the Secretary of the Treasury of the United States to this
State's account in the unemployment trust fund pursuant to Section 903
of the Federal Social Security Act, as amended, including any such
amounts which have been appropriated by the General Assembly in
accordance with the provisions of Section 2100 B for expenses of
administration, except any amounts which have been obligated on or
before that date pursuant to such appropriation.
(II) This Part (II) becomes operative if and only if funds from the State treasury are not appropriated on or before January 31, 2023 that are dedicated to pay all outstanding advances made to the State's account in the Unemployment Trust Fund pursuant to Title XII of the federal Social Security Act. If this Part (II) becomes operative, it is operative retroactive to January 1, 2023.
The state experience
factor shall be adjusted in accordance with the following provisions:
A. For calendar years prior to 1988, the state experience factor shall be adjusted in accordance with the provisions of this Act as amended and in effect on November 18, 2011.
B. (Blank).
C. For calendar year 1988
and each calendar year thereafter, for which the state
experience factor is being determined.
1. For every $50,000,000 (or fraction thereof) by
|
| which the adjusted trust fund balance falls below the target balance set forth in this subsection, the state experience factor for the succeeding year shall be increased one percent absolute.
|
|
For every $50,000,000 (or fraction thereof) by which
|
| the adjusted trust fund balance exceeds the target balance set forth in this subsection, the state experience factor for the succeeding year shall be decreased by one percent absolute.
|
|
The target balance in each calendar year prior to
|
| 2003 is $750,000,000. The target balance in calendar year 2003 is $920,000,000. The target balance in calendar year 2004 is $960,000,000. The target balance in calendar year 2005 and each calendar year thereafter is $1,000,000,000.
|
|
2. For the purposes of this subsection:
"Net trust fund balance" is the amount standing to
|
| the credit of this State's account in the unemployment trust fund as of June 30 of the calendar year immediately preceding the year for which a state experience factor is being determined.
|
|
"Adjusted trust fund balance" is the net trust fund
|
| balance minus the sum of the benefit reserves for fund building for July 1, 1987 through June 30 of the year prior to the year for which the state experience factor is being determined. The adjusted trust fund balance shall not be less than zero. If the preceding calculation results in a number which is less than zero, the amount by which it is less than zero shall reduce the sum of the benefit reserves for fund building for subsequent years.
|
|
For the purpose of determining the state experience
|
| factor for 1989 and for each calendar year thereafter, the following "benefit reserves for fund building" shall apply for each state experience factor calculation in which that 12 month period is applicable:
|
|
a. For the 12 month period ending on June 30,
|
| 1988, the "benefit reserve for fund building" shall be 8/104th of the total benefits paid from January 1, 1988 through June 30, 1988.
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|
b. For the 12 month period ending on June 30,
|
| 1989, the "benefit reserve for fund building" shall be the sum of:
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|
i. 8/104ths of the total benefits paid from
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| July 1, 1988 through December 31, 1988, plus
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|
ii. 4/108ths of the total benefits paid from
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| January 1, 1989 through June 30, 1989.
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|
c. For the 12 month period ending on June 30,
|
| 1990, the "benefit reserve for fund building" shall be 4/108ths of the total benefits paid from July 1, 1989 through December 31, 1989.
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|
d. For 1992 and for each calendar year
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| thereafter, the "benefit reserve for fund building" for the 12 month period ending on June 30, 1991 and for each subsequent 12 month period shall be zero.
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3. Notwithstanding the preceding provisions of this
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| subsection, for calendar years 1988 through 2003, the state experience factor shall not be increased or decreased by more than 15 percent absolute.
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|
D. Notwithstanding the provisions of subsection C, the
adjusted state experience factor:
1. Shall be 111 percent for calendar year 1988;
2. Shall not be less than 75 percent nor greater than
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| 135 percent for calendar years 1989 through 2003; and shall not be less than 75% nor greater than 150% for calendar year 2004 and each calendar year thereafter, not counting any increase pursuant to subsection D-1, D-2, or D-3;
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3. Shall not be decreased by more than 5 percent
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| absolute for any calendar year, beginning in calendar year 1989 and through calendar year 1992, by more than 6% absolute for calendar years 1993 through 1995, by more than 10% absolute for calendar years 1999 through 2003 and by more than 12% absolute for calendar year 2004 and each calendar year thereafter, from the adjusted state experience factor of the calendar year preceding the calendar year for which the adjusted state experience factor is being determined;
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4. Shall not be increased by more than 15% absolute
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| for calendar year 1993, by more than 14% absolute for calendar years 1994 and 1995, by more than 10% absolute for calendar years 1999 through 2003 and by more than 16% absolute for calendar year 2004 and each calendar year thereafter, from the adjusted state experience factor for the calendar year preceding the calendar year for which the adjusted state experience factor is being determined;
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5. Shall be 100% for calendar years 1996, 1997, and
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D-1. The adjusted state experience factor for each of calendar years 2013 through 2015 shall be increased by 5% absolute above the adjusted state experience factor as calculated without regard to this subsection. The adjusted state experience factor for each of calendar years 2016 through 2018 shall be increased by 6% absolute above the adjusted state experience factor as calculated without regard to this subsection. The increase in the adjusted state experience factor for calendar year 2018 pursuant to this subsection shall not be counted for purposes of applying paragraph 3 or 4 of subsection D to the calculation of the adjusted state experience factor for calendar year 2019.
D-2. (Blank).
D-3. The adjusted state experience factor for calendar year 2024 shall be increased by 20% absolute above the adjusted state experience factor as calculated without regard to this subsection. The increase in the adjusted state experience factor for calendar year 2024 pursuant to this subsection shall not be counted for purposes of applying paragraph 3 or 4 of subsection D to the calculation of the adjusted state experience factor for calendar year 2025.
E. The amount standing to the credit of this State's account in the
unemployment trust fund as of June 30 shall be deemed to include as part
thereof (a) any amount receivable on that date from any Federal
governmental agency, or as a payment in lieu of contributions under the
provisions of Sections 1403 and 1405 B and paragraph 2 of Section 302C,
in reimbursement of benefits paid to individuals, and (b) amounts
credited by the Secretary of the Treasury of the United States to this
State's account in the unemployment trust fund pursuant to Section 903
of the Federal Social Security Act, as amended, including any such
amounts which have been appropriated by the General Assembly in
accordance with the provisions of Section 2100 B for expenses of
administration, except any amounts which have been obligated on or
before that date pursuant to such appropriation.
(Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff. 1-1-23.)
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