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90_HB0310eng
820 ILCS 405/235 from Ch. 48, par. 345
820 ILCS 405/401 from Ch. 48, par. 401
Amends the Unemployment Insurance Act. In provisions
setting the statewide average weekly wage and the maximum
amount of remuneration to be considered as wages for purposes
of the Act, eliminates language changing those amounts for
1998. Effective immediately.
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1 AN ACT to amend the Unemployment Insurance Act by
2 changing Sections 235 and 401.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unemployment Insurance Act is amended by
6 changing Sections 235 and 401 as follows:
7 (820 ILCS 405/235) (from Ch. 48, par. 345)
8 Sec. 235. The term "wages" does not include:
9 A. That part of the remuneration which, after
10 remuneration equal to $6,000 with respect to employment has
11 been paid to an individual by an employer during any calendar
12 year after 1977 and before 1980, is paid to that such
13 individual by such employer during such calendar year; and
14 that part of the remuneration which, after remuneration equal
15 to $6,500 with respect to employment has been paid to an
16 individual by an employer during each calendar year 1980 and
17 1981, is paid to such individual by such employer during that
18 calendar year; and that part of the remuneration which, after
19 remuneration equal to $7,000 with respect to employment has
20 been paid to an individual by an employer during the calendar
21 year 1982 is paid to such individual by such employer during
22 that calendar year.
23 With respect to the first calendar quarter of 1983, the
24 term "wages" shall include only the remuneration paid to an
25 individual by an employer during such quarter with respect to
26 employment which does not exceed $7,000. With respect to the
27 three calendar quarters, beginning April 1, 1983, the term
28 "wages" shall include only the remuneration paid to an
29 individual by an employer during such period with respect to
30 employment which when added to the "wages" (as defined in the
31 preceding sentence) paid to such individual by such employer
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1 during the first calendar quarter of 1983, does not exceed
2 $8,000.
3 With respect to the calendar year 1984, the term "wages"
4 shall include only the remuneration paid to an individual by
5 an employer during that period with respect to employment
6 which does not exceed $8,000; with respect to calendar years
7 1985, 1986 and 1987, the term "wages" shall include only the
8 remuneration paid to such individual by such employer during
9 that calendar year with respect to employment which does not
10 exceed $8,500.
11 With respect to the calendar years 1988 through 1997 and
12 calendar year 1999 and each calendar year thereafter, the
13 term "wages" shall include only the remuneration paid to an
14 individual by an employer during that period with respect to
15 employment which does not exceed $9,000.
16 With respect to the calendar year 1998, the term "wages"
17 shall include only the remuneration paid to an individual by
18 an employer during that period with respect to employment
19 which does not exceed $10,000. The remuneration paid to an
20 individual by an employer with respect to employment in
21 another State or States, upon which contributions were
22 required of such employer under an unemployment compensation
23 law of such other State or States, shall be included as a
24 part of the remuneration equal to $6,000, $6,500, $7,000,
25 $8,000, $8,500, $9,000, or $10,000, as the case may be,
26 herein referred to. For the purposes of this subsection, any
27 employing unit which succeeds to the organization, trade, or
28 business, or to substantially all of the assets of another
29 employing unit, or to the organization, trade, or business,
30 or to substantially all of the assets of a distinct severable
31 portion of another employing unit, shall be treated as a
32 single unit with its predecessor for the calendar year in
33 which such succession occurs, and any employing unit which is
34 owned or controlled by the same interests which own or
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1 control another employing unit shall be treated as a single
2 unit with the unit so owned or controlled by such interests
3 for any calendar year throughout which such ownership or
4 control exists. This subsection applies only to Sections
5 1400, 1405A, and 1500.
6 B. The amount of any payment (including any amount paid
7 by an employer for insurance or annuities, or into a fund, to
8 provide for any such payment), made to, or on behalf of, an
9 individual or any of his dependents under a plan or system
10 established by an employer which makes provision generally
11 for individuals performing services for him (or for such
12 individuals generally and their dependents) or for a class or
13 classes of such individuals (or for a class or classes of
14 such individuals and their dependents), on account of (1)
15 sickness or accident disability (except those sickness or
16 accident disability payments which would be includable as
17 "wages" in Section 3306(b)(2)(A) of the Federal Internal
18 Revenue Code of 1954, in effect on January 1, 1985, such
19 includable payments to be attributable in such manner as
20 provided by Section 3306(b) of the Federal Internal Revenue
21 Code of 1954, in effect on January 1, 1985), or (2) medical
22 or hospitalization expenses in connection with sickness or
23 accident disability, or (3) death.
24 C. Any payment made to, or on behalf of, an employee or
25 his beneficiary which would be excluded from "wages" by
26 subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
27 3306(b)(5) of the Federal Internal Revenue Code of 1954, in
28 effect on January 1, 1985.
29 D. The amount of any payment on account of sickness or
30 accident disability, or medical or hospitalization expenses
31 in connection with sickness or accident disability, made by
32 an employer to, or on behalf of, an individual performing
33 services for him after the expiration of six calendar months
34 following the last calendar month in which the individual
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1 performed services for such employer.
2 E. Remuneration paid in any medium other than cash by an
3 employing unit to an individual for service in agricultural
4 labor as defined in Section 214.
5 F. The amount of any supplemental payment made by an
6 employer to an individual performing services for him, other
7 than remuneration for services performed, under a shared work
8 plan approved by the Director pursuant to Section 407.1.
9 (Source: P.A. 89-633, eff. 1-1-97.)
10 (820 ILCS 405/401) (from Ch. 48, par. 401)
11 Sec. 401. Weekly Benefit Amount - Dependents'
12 Allowances.
13 A. With respect to any week beginning prior to April 24,
14 1983, an individual's weekly benefit amount shall be an
15 amount equal to the weekly benefit amount as defined in this
16 Act as in effect on November 30, 1982.
17 B. 1. With respect to any week beginning on or after
18 April 24, 1983 and before January 3, 1988, an individual's
19 weekly benefit amount shall be 48% of his prior average
20 weekly wage, rounded (if not already a multiple of one
21 dollar) to the next higher dollar; provided, however, that
22 the weekly benefit amount cannot exceed the maximum weekly
23 benefit amount, and cannot be less than 15% of the statewide
24 average weekly wage, rounded (if not already a multiple of
25 one dollar) to the next higher dollar. However, the weekly
26 benefit amount for an individual who has established a
27 benefit year beginning before April 24, 1983, shall be
28 determined, for weeks beginning on or after April 24, 1983
29 claimed with respect to that benefit year, as provided under
30 this Act as in effect on November 30, 1982. With respect to
31 any week beginning on or after January 3, 1988 and before
32 January 1, 1993, an individual's weekly benefit amount shall
33 be 49% of his prior average weekly wage, rounded (if not
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1 already a multiple of one dollar) to the next higher dollar;
2 provided, however, that the weekly benefit amount cannot
3 exceed the maximum weekly benefit amount, and cannot be less
4 than $51. With respect to any week beginning on or after
5 January 3, 1993, an individual's weekly benefit amount shall
6 be 49.5% of his prior average weekly wage, rounded (if not
7 already a multiple of one dollar) to the next higher dollar;
8 provided, however, that the weekly benefit amount cannot
9 exceed the maximum weekly benefit amount and cannot be less
10 than $51.
11 2. For the purposes of this subsection:
12 With respect to any week beginning on or after April 24,
13 1983, an individual's "prior average weekly wage" means the
14 total wages for insured work paid to that individual during
15 the 2 calendar quarters of his base period in which such
16 total wages were highest, divided by 26. If the quotient is
17 not already a multiple of one dollar, it shall be rounded to
18 the nearest dollar; however if the quotient is equally near 2
19 multiples of one dollar, it shall be rounded to the higher
20 multiple of one dollar.
21 "Determination date" means June 1, 1982, December 1, 1982
22 and December 1 of each succeeding calendar year thereafter.
23 However, if as of June 30, 1982, or any June 30 thereafter,
24 the net amount standing to the credit of this State's account
25 in the unemployment trust fund (less all outstanding advances
26 to that account, including advances pursuant to Title XII of
27 the federal Social Security Act) is greater than
28 $100,000,000, "determination date" shall mean December 1 of
29 that year and June 1 of the succeeding year. Notwithstanding
30 the preceding sentence, for the purposes of this Act only,
31 there shall be no June 1 determination date in any year after
32 1986.
33 "Determination period" means, with respect to each June 1
34 determination date, the 12 consecutive calendar months ending
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1 on the immediately preceding December 31 and, with respect to
2 each December 1 determination date, the 12 consecutive
3 calendar months ending on the immediately preceding June 30.
4 "Benefit period" means the 12 consecutive calendar month
5 period beginning on the first day of the first calendar month
6 immediately following a determination date, except that, with
7 respect to any calendar year in which there is a June 1
8 determination date, "benefit period" shall mean the 6
9 consecutive calendar month period beginning on the first day
10 of the first calendar month immediately following the
11 preceding December 1 determination date and the 6 consecutive
12 calendar month period beginning on the first day of the first
13 calendar month immediately following the June 1 determination
14 date. Notwithstanding the foregoing sentence, the 6 calendar
15 months beginning January 1, 1982 and ending June 30, 1982
16 shall be deemed a benefit period with respect to which the
17 determination date shall be June 1, 1981.
18 "Gross wages" means all the wages paid to individuals
19 during the determination period immediately preceding a
20 determination date for insured work, and reported to the
21 Director by employers prior to the first day of the third
22 calendar month preceding that date.
23 "Covered employment" for any calendar month means the
24 total number of individuals, as determined by the Director,
25 engaged in insured work at mid-month.
26 "Average monthly covered employment" means one-twelfth of
27 the sum of the covered employment for the 12 months of a
28 determination period.
29 "Statewide average annual wage" means the quotient,
30 obtained by dividing gross wages by average monthly covered
31 employment for the same determination period, rounded (if not
32 already a multiple of one cent) to the nearest cent.
33 "Statewide average weekly wage" means the quotient,
34 obtained by dividing the statewide average annual wage by 52,
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1 rounded (if not already a multiple of one cent) to the
2 nearest cent. Notwithstanding any provisions of this Section
3 to the contrary, the statewide average weekly wage for the
4 benefit period beginning July 1, 1982 and ending December 31,
5 1982 shall be the statewide average weekly wage in effect for
6 the immediately preceding benefit period plus one-half of the
7 result obtained by subtracting the statewide average weekly
8 wage for the immediately preceding benefit period from the
9 statewide average weekly wage for the benefit period
10 beginning July 1, 1982 and ending December 31, 1982 as such
11 statewide average weekly wage would have been determined but
12 for the provisions of this paragraph. Notwithstanding any
13 provisions of this Section to the contrary, the statewide
14 average weekly wage for the benefit period beginning April
15 24, 1983 and ending January 31, 1984 shall be $321 and for
16 the benefit period beginning February 1, 1984 and ending
17 December 31, 1986 shall be $335, and for the benefit period
18 beginning January 1, 1987, and ending December 31, 1987,
19 shall be $350, except that for an individual who has
20 established a benefit year beginning before April 24, 1983,
21 the statewide average weekly wage used in determining
22 benefits, for any week beginning on or after April 24, 1983,
23 claimed with respect to that benefit year, shall be $334.80,
24 except that, for the purpose of determining the minimum
25 weekly benefit amount under subsection B(1) for the benefit
26 period beginning January 1, 1987, and ending December 31,
27 1987, the statewide average weekly wage shall be $335; for
28 the benefit periods January 1, 1988 through December 31,
29 1988, January 1, 1989 through December 31, 1989, and January
30 1, 1990 through December 31, 1990, the statewide average
31 weekly wage shall be $359, $381, and $406, respectively.
32 Notwithstanding the preceding sentences of this paragraph,
33 for the benefit period of calendar year 1991, the statewide
34 average weekly wage shall be $406 plus (or minus) an amount
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1 equal to the percentage change in the statewide average
2 weekly wage, as computed in accordance with the preceding
3 sentences of this paragraph, between the benefit periods of
4 calendar years 1989 and 1990, multiplied by $406; and, for
5 the benefit periods of calendar years 1992 through 1997 and
6 calendar year 1999 and each calendar year thereafter, the
7 statewide average weekly wage, shall be the statewide average
8 weekly wage, as determined in accordance with this sentence,
9 for the immediately preceding benefit period plus (or minus)
10 an amount equal to the percentage change in the statewide
11 average weekly wage, as computed in accordance with the
12 preceding sentences of this paragraph, between the 2
13 immediately preceding benefit periods, multiplied by the
14 statewide average weekly wage, as determined in accordance
15 with this sentence, for the immediately preceding benefit
16 period. For the benefit period of 1998, the statewide average
17 weekly wage shall be $491. Provided however, that for any
18 benefit period after December 31, 1990, if 2 of the following
19 3 factors occur, then the statewide average weekly wage shall
20 be the statewide average weekly wage in effect for the
21 immediately preceding benefit period: (a) the average
22 contribution rate for all employers in this State for the
23 calendar year 2 years prior to the benefit period, as a ratio
24 of total contribution payments (including payments in lieu of
25 contributions) to total wages reported by employers in this
26 State for that same period is 0.2% greater than the national
27 average of this ratio, the foregoing to be determined in
28 accordance with rules promulgated by the Director; (b) the
29 balance in this State's account in the unemployment trust
30 fund, as of March 31 of the prior calendar year, is less than
31 $250,000,000; or (c) the number of first payments of initial
32 claims, as determined in accordance with rules promulgated by
33 the Director, for the one year period ending on June 30 of
34 the prior year, has increased more than 25% over the average
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1 number of such payments during the 5 year period ending that
2 same June 30; and provided further that if (a), (b) and (c)
3 occur, then the statewide average weekly wage, as determined
4 in accordance with the preceding sentence, shall be 10% less
5 than it would have been but for these provisions. If the
6 reduced amount, computed in accordance with the preceding
7 sentence, is not already a multiple of one dollar, it shall
8 be rounded to the nearest dollar. The 10% reduction in the
9 statewide average weekly wage in the preceding sentence shall
10 not be in effect for more than 2 benefit periods of any 5
11 consecutive benefit periods. This 10% reduction shall not be
12 cumulative from year to year. Neither the freeze nor the
13 reduction shall be considered in the determination of
14 subsequent years' calculations of statewide average weekly
15 wage. However, for purposes of the Workers' Compensation Act,
16 the statewide average weekly wage will be computed using June
17 1 and December 1 determination dates of each calendar year
18 and such determination shall not be subject to the limitation
19 of $321, $335, $350, $359, $381, $406 or the statewide
20 average weekly wage as computed in accordance with the
21 preceding 7 sentences of this paragraph.
22 With respect to any week beginning on or after April 24,
23 1983 and before January 3, 1988, "maximum weekly benefit
24 amount" means 48% of the statewide average weekly wage,
25 rounded (if not already a multiple of one dollar) to the
26 nearest dollar, provided however, that the maximum weekly
27 benefit amount for an individual who has established a
28 benefit year beginning before April 24, 1983, shall be
29 determined, for weeks beginning on or after April 24, 1983
30 claimed with respect to that benefit year, as provided under
31 this Act as amended and in effect on November 30, 1982,
32 except that the statewide average weekly wage used in such
33 determination shall be $334.80.
34 With respect to any week beginning after January 2, 1988
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1 and before January 1, 1993, "maximum weekly benefit amount"
2 with respect to each week beginning within a benefit period
3 means 49% of the statewide average weekly wage, rounded (if
4 not already a multiple of one dollar) to the next higher
5 dollar.
6 With respect to any week beginning on or after January 3,
7 1993, "maximum weekly benefit amount" with respect to each
8 week beginning within a benefit period means 49.5% of the
9 statewide average weekly wage, rounded (if not already a
10 multiple of one dollar) to the next higher dollar.
11 C. With respect to any week beginning on or after April
12 24, 1983 and before January 3, 1988, an individual to whom
13 benefits are payable with respect to any week shall, in
14 addition to such benefits, be paid, with respect to such
15 week, as follows: in the case of an individual with a
16 nonworking spouse, 7% of his prior average weekly wage,
17 rounded (if not already a multiple of one dollar) to the
18 higher dollar; provided, that the total amount payable to the
19 individual with respect to a week shall not exceed 55% of the
20 statewide average weekly wage, rounded (if not already a
21 multiple of one dollar) to the nearest dollar; and in the
22 case of an individual with a dependent child or dependent
23 children, 14.4% of his prior average weekly wage, rounded (if
24 not already a multiple of one dollar) to the higher dollar;
25 provided, that the total amount payable to the individual
26 with respect to a week shall not exceed 62.4% of the
27 statewide average weekly wage, rounded (if not already a
28 multiple of one dollar) to the next higher dollar with
29 respect to the benefit period beginning January 1, 1987 and
30 ending December 31, 1987, and otherwise to the nearest
31 dollar. However, for an individual with a nonworking spouse
32 or with a dependent child or children who has established a
33 benefit year beginning before April 24, 1983, the amount of
34 additional benefits payable on account of the nonworking
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1 spouse or dependent child or children shall be determined,
2 for weeks beginning on or after April 24, 1983 claimed with
3 respect to that benefit year, as provided under this Act as
4 in effect on November 30, 1982, except that the statewide
5 average weekly wage used in such determination shall be
6 $334.80.
7 With respect to any week beginning on or after January 2,
8 1988 and before January 1, 1991 and any week beginning on or
9 after January 1, 1992, and before January 1, 1993, an
10 individual to whom benefits are payable with respect to any
11 week shall, in addition to those benefits, be paid, with
12 respect to such week, as follows: in the case of an
13 individual with a nonworking spouse, 8% of his prior average
14 weekly wage, rounded (if not already a multiple of one
15 dollar) to the next higher dollar, provided, that the total
16 amount payable to the individual with respect to a week
17 shall not exceed 57% of the statewide average weekly wage,
18 rounded (if not already a multiple of one dollar) to the next
19 higher dollar; and in the case of an individual with a
20 dependent child or dependent children, 15% of his prior
21 average weekly wage, rounded (if not already a multiple of
22 one dollar) to the next higher dollar, provided that the
23 total amount payable to the individual with respect to a week
24 shall not exceed 64% of the statewide average weekly wage,
25 rounded (if not already a multiple of one dollar) to the next
26 higher dollar.
27 With respect to any week beginning on or after January 1,
28 1991 and before January 1, 1992, an individual to whom
29 benefits are payable with respect to any week shall, in
30 addition to the benefits, be paid, with respect to such week,
31 as follows: in the case of an individual with a nonworking
32 spouse, 8.3% of his prior average weekly wage, rounded (if
33 not already a multiple of one dollar) to the next higher
34 dollar, provided, that the total amount payable to the
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1 individual with respect to a week shall not exceed 57.3% of
2 the 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, 15.3% of his prior average weekly wage, rounded (if
6 not already a multiple of one dollar) to the next higher
7 dollar, provided that the total amount payable to the
8 individual with respect to a week shall not exceed 64.3% of
9 the statewide average weekly wage, rounded (if not already a
10 multiple of one dollar) to the next higher dollar.
11 With respect to any week beginning on or after January 3,
12 1993, an individual to whom benefits are payable with respect
13 to any week shall, in addition to those benefits, be paid,
14 with respect to such week, as follows: in the case of an
15 individual with a nonworking spouse, 9% of his prior average
16 weekly wage, rounded (if not already a multiple of one
17 dollar) to the next higher dollar, provided, that the total
18 amount payable to the individual with respect to a week
19 shall not exceed 58.5% 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, 16% of his prior
23 average weekly wage, rounded (if not already a multiple of
24 one dollar) to the next higher dollar, provided that the
25 total amount payable to the individual with respect to a week
26 shall not exceed 65.5% of the statewide average weekly wage,
27 rounded (if not already a multiple of one dollar) to the next
28 higher dollar.
29 For the purposes of this subsection:
30 "Dependent" means a child or a nonworking spouse.
31 "Child" means a natural child, stepchild, or adopted
32 child of an individual claiming benefits under this Act or a
33 child who is in the custody of any such individual by court
34 order, for whom the individual is supplying and, for at least
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1 90 consecutive days (or for the duration of the parental
2 relationship if it has existed for less than 90 days)
3 immediately preceding any week with respect to which the
4 individual has filed a claim, has supplied more than one-half
5 the cost of support, or has supplied at least 1/4 of the cost
6 of support if the individual and the other parent, together,
7 are supplying and, during the aforesaid period, have supplied
8 more than one-half the cost of support, and are, and were
9 during the aforesaid period, members of the same household;
10 and who, on the first day of such week (a) is under 18 years
11 of age, or (b) is, and has been during the immediately
12 preceding 90 days, unable to work because of illness or other
13 disability: provided, that no person who has been determined
14 to be a child of an individual who has been allowed benefits
15 with respect to a week in the individual's benefit year shall
16 be deemed to be a child of the other parent, and no other
17 person shall be determined to be a child of such other
18 parent, during the remainder of that benefit year.
19 "Nonworking spouse" means the lawful husband or wife of
20 an individual claiming benefits under this Act, for whom more
21 than one-half the cost of support has been supplied by the
22 individual for at least 90 consecutive days (or for the
23 duration of the marital relationship if it has existed for
24 less than 90 days) immediately preceding any week with
25 respect to which the individual has filed a claim, but only
26 if the nonworking spouse is currently ineligible to receive
27 benefits under this Act by reason of the provisions of
28 Section 500E.
29 An individual who was obligated by law to provide for the
30 support of a child or of a nonworking spouse for the
31 aforesaid period of 90 consecutive days, but was prevented by
32 illness or injury from doing so, shall be deemed to have
33 provided more than one-half the cost of supporting the child
34 or nonworking spouse for that period.
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1 (Source: P.A. 89-633, eff. 1-1-97.)