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90_HB0310ham001
LRB9002128WHmgam
1 AMENDMENT TO HOUSE BILL 310
2 AMENDMENT NO. . Amend House Bill 310 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Unemployment Insurance Act is amended by
5 changing Sections 235 and 401 as follows:
6 (820 ILCS 405/235) (from Ch. 48, par. 345)
7 Sec. 235. The term "wages" does not include:
8 A. That part of the remuneration which, after
9 remuneration equal to $6,000 with respect to employment has
10 been paid to an individual by an employer during any calendar
11 year after 1977 and before 1980, is paid to that such
12 individual by such employer during such calendar year; and
13 that part of the remuneration which, after remuneration equal
14 to $6,500 with respect to employment has been paid to an
15 individual by an employer during each calendar year 1980 and
16 1981, is paid to such individual by such employer during that
17 calendar year; and that part of the remuneration which, after
18 remuneration equal to $7,000 with respect to employment has
19 been paid to an individual by an employer during the calendar
20 year 1982 is paid to such individual by such employer during
21 that calendar year.
22 With respect to the first calendar quarter of 1983, the
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1 term "wages" shall include only the remuneration paid to an
2 individual by an employer during such quarter with respect to
3 employment which does not exceed $7,000. With respect to the
4 three calendar quarters, beginning April 1, 1983, the term
5 "wages" shall include only the remuneration paid to an
6 individual by an employer during such period with respect to
7 employment which when added to the "wages" (as defined in the
8 preceding sentence) paid to such individual by such employer
9 during the first calendar quarter of 1983, does not exceed
10 $8,000.
11 With respect to the calendar year 1984, the term "wages"
12 shall include only the remuneration paid to an individual by
13 an employer during that period with respect to employment
14 which does not exceed $8,000; with respect to calendar years
15 1985, 1986 and 1987, the term "wages" shall include only the
16 remuneration paid to such individual by such employer during
17 that calendar year with respect to employment which does not
18 exceed $8,500.
19 With respect to the calendar years 1988 through 1997 and
20 calendar year 1999 and each calendar year thereafter, the
21 term "wages" shall include only the remuneration paid to an
22 individual by an employer during that period with respect to
23 employment which does not exceed $9,000.
24 With respect to the calendar year 1998, the term "wages"
25 shall include only the remuneration paid to an individual by
26 an employer during that period with respect to employment
27 which does not exceed $10,000. The remuneration paid to an
28 individual by an employer with respect to employment in
29 another State or States, upon which contributions were
30 required of such employer under an unemployment compensation
31 law of such other State or States, shall be included as a
32 part of the remuneration equal to $6,000, $6,500, $7,000,
33 $8,000, $8,500, $9,000, or $10,000, as the case may be,
34 herein referred to. For the purposes of this subsection, any
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1 employing unit which succeeds to the organization, trade, or
2 business, or to substantially all of the assets of another
3 employing unit, or to the organization, trade, or business,
4 or to substantially all of the assets of a distinct severable
5 portion of another employing unit, shall be treated as a
6 single unit with its predecessor for the calendar year in
7 which such succession occurs, and any employing unit which is
8 owned or controlled by the same interests which own or
9 control another employing unit shall be treated as a single
10 unit with the unit so owned or controlled by such interests
11 for any calendar year throughout which such ownership or
12 control exists. This subsection applies only to Sections
13 1400, 1405A, and 1500.
14 B. The amount of any payment (including any amount paid
15 by an employer for insurance or annuities, or into a fund, to
16 provide for any such payment), made to, or on behalf of, an
17 individual or any of his dependents under a plan or system
18 established by an employer which makes provision generally
19 for individuals performing services for him (or for such
20 individuals generally and their dependents) or for a class or
21 classes of such individuals (or for a class or classes of
22 such individuals and their dependents), on account of (1)
23 sickness or accident disability (except those sickness or
24 accident disability payments which would be includable as
25 "wages" in Section 3306(b)(2)(A) of the Federal Internal
26 Revenue Code of 1954, in effect on January 1, 1985, such
27 includable payments to be attributable in such manner as
28 provided by Section 3306(b) of the Federal Internal Revenue
29 Code of 1954, in effect on January 1, 1985), or (2) medical
30 or hospitalization expenses in connection with sickness or
31 accident disability, or (3) death.
32 C. Any payment made to, or on behalf of, an employee or
33 his beneficiary which would be excluded from "wages" by
34 subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
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1 3306(b)(5) of the Federal Internal Revenue Code of 1954, in
2 effect on January 1, 1985.
3 D. The amount of any payment on account of sickness or
4 accident disability, or medical or hospitalization expenses
5 in connection with sickness or accident disability, made by
6 an employer to, or on behalf of, an individual performing
7 services for him after the expiration of six calendar months
8 following the last calendar month in which the individual
9 performed services for such employer.
10 E. Remuneration paid in any medium other than cash by an
11 employing unit to an individual for service in agricultural
12 labor as defined in Section 214.
13 F. The amount of any supplemental payment made by an
14 employer to an individual performing services for him, other
15 than remuneration for services performed, under a shared work
16 plan approved by the Director pursuant to Section 407.1.
17 (Source: P.A. 89-633, eff. 1-1-97.)
18 (820 ILCS 405/401) (from Ch. 48, par. 401)
19 Sec. 401. Weekly Benefit Amount - Dependents'
20 Allowances.
21 A. With respect to any week beginning prior to April 24,
22 1983, an individual's weekly benefit amount shall be an
23 amount equal to the weekly benefit amount as defined in this
24 Act as in effect on November 30, 1982.
25 B. 1. With respect to any week beginning on or after
26 April 24, 1983 and before January 3, 1988, an individual's
27 weekly benefit amount shall be 48% of his prior average
28 weekly wage, rounded (if not already a multiple of one
29 dollar) to the next higher dollar; provided, however, that
30 the weekly benefit amount cannot exceed the maximum weekly
31 benefit amount, and cannot be less than 15% of the statewide
32 average weekly wage, rounded (if not already a multiple of
33 one dollar) to the next higher dollar. However, the weekly
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1 benefit amount for an individual who has established a
2 benefit year beginning before April 24, 1983, shall be
3 determined, for weeks beginning on or after April 24, 1983
4 claimed with respect to that benefit year, as provided under
5 this Act as in effect on November 30, 1982. With respect to
6 any week beginning on or after January 3, 1988 and before
7 January 1, 1993, an individual's weekly benefit amount shall
8 be 49% of his prior average weekly wage, rounded (if not
9 already a multiple of one dollar) to the next higher dollar;
10 provided, however, that the weekly benefit amount cannot
11 exceed the maximum weekly benefit amount, and cannot be less
12 than $51. With respect to any week beginning on or after
13 January 3, 1993, an individual's weekly benefit amount shall
14 be 49.5% of his prior average weekly wage, rounded (if not
15 already a multiple of one dollar) to the next higher dollar;
16 provided, however, that the weekly benefit amount cannot
17 exceed the maximum weekly benefit amount and cannot be less
18 than $51.
19 2. For the purposes of this subsection:
20 With respect to any week beginning on or after April 24,
21 1983, an individual's "prior average weekly wage" means the
22 total wages for insured work paid to that individual during
23 the 2 calendar quarters of his base period in which such
24 total wages were highest, divided by 26. If the quotient is
25 not already a multiple of one dollar, it shall be rounded to
26 the nearest dollar; however if the quotient is equally near 2
27 multiples of one dollar, it shall be rounded to the higher
28 multiple of one dollar.
29 "Determination date" means June 1, 1982, December 1, 1982
30 and December 1 of each succeeding calendar year thereafter.
31 However, if as of June 30, 1982, or any June 30 thereafter,
32 the net amount standing to the credit of this State's account
33 in the unemployment trust fund (less all outstanding advances
34 to that account, including advances pursuant to Title XII of
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1 the federal Social Security Act) is greater than
2 $100,000,000, "determination date" shall mean December 1 of
3 that year and June 1 of the succeeding year. Notwithstanding
4 the preceding sentence, for the purposes of this Act only,
5 there shall be no June 1 determination date in any year after
6 1986.
7 "Determination period" means, with respect to each June 1
8 determination date, the 12 consecutive calendar months ending
9 on the immediately preceding December 31 and, with respect to
10 each December 1 determination date, the 12 consecutive
11 calendar months ending on the immediately preceding June 30.
12 "Benefit period" means the 12 consecutive calendar month
13 period beginning on the first day of the first calendar month
14 immediately following a determination date, except that, with
15 respect to any calendar year in which there is a June 1
16 determination date, "benefit period" shall mean the 6
17 consecutive calendar month period beginning on the first day
18 of the first calendar month immediately following the
19 preceding December 1 determination date and the 6 consecutive
20 calendar month period beginning on the first day of the first
21 calendar month immediately following the June 1 determination
22 date. Notwithstanding the foregoing sentence, the 6 calendar
23 months beginning January 1, 1982 and ending June 30, 1982
24 shall be deemed a benefit period with respect to which the
25 determination date shall be June 1, 1981.
26 "Gross wages" means all the wages paid to individuals
27 during the determination period immediately preceding a
28 determination date for insured work, and reported to the
29 Director by employers prior to the first day of the third
30 calendar month preceding that date.
31 "Covered employment" for any calendar month means the
32 total number of individuals, as determined by the Director,
33 engaged in insured work at mid-month.
34 "Average monthly covered employment" means one-twelfth of
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1 the sum of the covered employment for the 12 months of a
2 determination period.
3 "Statewide average annual wage" means the quotient,
4 obtained by dividing gross wages by average monthly covered
5 employment for the same determination period, rounded (if not
6 already a multiple of one cent) to the nearest cent.
7 "Statewide average weekly wage" means the quotient,
8 obtained by dividing the statewide average annual wage by 52,
9 rounded (if not already a multiple of one cent) to the
10 nearest cent. Notwithstanding any provisions of this Section
11 to the contrary, the statewide average weekly wage for the
12 benefit period beginning July 1, 1982 and ending December 31,
13 1982 shall be the statewide average weekly wage in effect for
14 the immediately preceding benefit period plus one-half of the
15 result obtained by subtracting the statewide average weekly
16 wage for the immediately preceding benefit period from the
17 statewide average weekly wage for the benefit period
18 beginning July 1, 1982 and ending December 31, 1982 as such
19 statewide average weekly wage would have been determined but
20 for the provisions of this paragraph. Notwithstanding any
21 provisions of this Section to the contrary, the statewide
22 average weekly wage for the benefit period beginning April
23 24, 1983 and ending January 31, 1984 shall be $321 and for
24 the benefit period beginning February 1, 1984 and ending
25 December 31, 1986 shall be $335, and for the benefit period
26 beginning January 1, 1987, and ending December 31, 1987,
27 shall be $350, except that for an individual who has
28 established a benefit year beginning before April 24, 1983,
29 the statewide average weekly wage used in determining
30 benefits, for any week beginning on or after April 24, 1983,
31 claimed with respect to that benefit year, shall be $334.80,
32 except that, for the purpose of determining the minimum
33 weekly benefit amount under subsection B(1) for the benefit
34 period beginning January 1, 1987, and ending December 31,
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1 1987, the statewide average weekly wage shall be $335; for
2 the benefit periods January 1, 1988 through December 31,
3 1988, January 1, 1989 through December 31, 1989, and January
4 1, 1990 through December 31, 1990, the statewide average
5 weekly wage shall be $359, $381, and $406, respectively.
6 Notwithstanding the preceding sentences of this paragraph,
7 for the benefit period of calendar year 1991, the statewide
8 average weekly wage shall be $406 plus (or minus) an amount
9 equal to the percentage change in the statewide average
10 weekly wage, as computed in accordance with the preceding
11 sentences of this paragraph, between the benefit periods of
12 calendar years 1989 and 1990, multiplied by $406; and, for
13 the benefit periods of calendar years 1992 through 1997 and
14 calendar year 1999 and each calendar year thereafter, the
15 statewide average weekly wage, shall be the statewide average
16 weekly wage, as determined in accordance with this sentence,
17 for the immediately preceding benefit period plus (or minus)
18 an amount equal to the percentage change in the statewide
19 average weekly wage, as computed in accordance with the
20 preceding sentences of this paragraph, between the 2
21 immediately preceding benefit periods, multiplied by the
22 statewide average weekly wage, as determined in accordance
23 with this sentence, for the immediately preceding benefit
24 period. For the benefit period of 1998, the statewide average
25 weekly wage shall be $491. Provided however, that for any
26 benefit period after December 31, 1990, if 2 of the following
27 3 factors occur, then the statewide average weekly wage shall
28 be the statewide average weekly wage in effect for the
29 immediately preceding benefit period: (a) the average
30 contribution rate for all employers in this State for the
31 calendar year 2 years prior to the benefit period, as a ratio
32 of total contribution payments (including payments in lieu of
33 contributions) to total wages reported by employers in this
34 State for that same period is 0.2% greater than the national
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1 average of this ratio, the foregoing to be determined in
2 accordance with rules promulgated by the Director; (b) the
3 balance in this State's account in the unemployment trust
4 fund, as of March 31 of the prior calendar year, is less than
5 $250,000,000; or (c) the number of first payments of initial
6 claims, as determined in accordance with rules promulgated by
7 the Director, for the one year period ending on June 30 of
8 the prior year, has increased more than 25% over the average
9 number of such payments during the 5 year period ending that
10 same June 30; and provided further that if (a), (b) and (c)
11 occur, then the statewide average weekly wage, as determined
12 in accordance with the preceding sentence, shall be 10% less
13 than it would have been but for these provisions. If the
14 reduced amount, computed in accordance with the preceding
15 sentence, is not already a multiple of one dollar, it shall
16 be rounded to the nearest dollar. The 10% reduction in the
17 statewide average weekly wage in the preceding sentence shall
18 not be in effect for more than 2 benefit periods of any 5
19 consecutive benefit periods. This 10% reduction shall not be
20 cumulative from year to year. Neither the freeze nor the
21 reduction shall be considered in the determination of
22 subsequent years' calculations of statewide average weekly
23 wage. However, for purposes of the Workers' Compensation Act,
24 the statewide average weekly wage will be computed using June
25 1 and December 1 determination dates of each calendar year
26 and such determination shall not be subject to the limitation
27 of $321, $335, $350, $359, $381, $406 or the statewide
28 average weekly wage as computed in accordance with the
29 preceding 7 sentences of this paragraph.
30 With respect to any week beginning on or after April 24,
31 1983 and before January 3, 1988, "maximum weekly benefit
32 amount" means 48% of the statewide average weekly wage,
33 rounded (if not already a multiple of one dollar) to the
34 nearest dollar, provided however, that the maximum weekly
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1 benefit amount for an individual who has established a
2 benefit year beginning before April 24, 1983, shall be
3 determined, for weeks beginning on or after April 24, 1983
4 claimed with respect to that benefit year, as provided under
5 this Act as amended and in effect on November 30, 1982,
6 except that the statewide average weekly wage used in such
7 determination shall be $334.80.
8 With respect to any week beginning after January 2, 1988
9 and before January 1, 1993, "maximum weekly benefit amount"
10 with respect to each week beginning within a benefit period
11 means 49% of the statewide average weekly wage, rounded (if
12 not already a multiple of one dollar) to the next higher
13 dollar.
14 With respect to any week beginning on or after January 3,
15 1993, "maximum weekly benefit amount" with respect to each
16 week beginning within a benefit period means 49.5% of the
17 statewide average weekly wage, rounded (if not already a
18 multiple of one dollar) to the next higher dollar.
19 C. With respect to any week beginning on or after April
20 24, 1983 and before January 3, 1988, an individual to whom
21 benefits are payable with respect to any week shall, in
22 addition to such benefits, be paid, with respect to such
23 week, as follows: in the case of an individual with a
24 nonworking spouse, 7% of his prior average weekly wage,
25 rounded (if not already a multiple of one dollar) to the
26 higher dollar; provided, that the total amount payable to the
27 individual with respect to a week shall not exceed 55% of the
28 statewide average weekly wage, rounded (if not already a
29 multiple of one dollar) to the nearest dollar; and in the
30 case of an individual with a dependent child or dependent
31 children, 14.4% of his prior average weekly wage, rounded (if
32 not already a multiple of one dollar) to the higher dollar;
33 provided, that the total amount payable to the individual
34 with respect to a week shall not exceed 62.4% of the
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1 statewide average weekly wage, rounded (if not already a
2 multiple of one dollar) to the next higher dollar with
3 respect to the benefit period beginning January 1, 1987 and
4 ending December 31, 1987, and otherwise to the nearest
5 dollar. However, for an individual with a nonworking spouse
6 or with a dependent child or children who has established a
7 benefit year beginning before April 24, 1983, the amount of
8 additional benefits payable on account of the nonworking
9 spouse or dependent child or children shall be determined,
10 for weeks beginning on or after April 24, 1983 claimed with
11 respect to that benefit year, as provided under this Act as
12 in effect on November 30, 1982, except that the statewide
13 average weekly wage used in such determination shall be
14 $334.80.
15 With respect to any week beginning on or after January 2,
16 1988 and before January 1, 1991 and any week beginning on or
17 after January 1, 1992, and before January 1, 1993, an
18 individual to whom benefits are payable with respect to any
19 week shall, in addition to those benefits, be paid, with
20 respect to such week, as follows: in the case of an
21 individual with a nonworking spouse, 8% of his prior average
22 weekly wage, rounded (if not already a multiple of one
23 dollar) to the next higher dollar, provided, that the total
24 amount payable to the individual with respect to a week
25 shall not exceed 57% of the statewide average weekly wage,
26 rounded (if not already a multiple of one dollar) to the next
27 higher dollar; and in the case of an individual with a
28 dependent child or dependent children, 15% of his prior
29 average weekly wage, rounded (if not already a multiple of
30 one dollar) to the next higher dollar, provided that the
31 total amount payable to the individual with respect to a week
32 shall not exceed 64% of the statewide average weekly wage,
33 rounded (if not already a multiple of one dollar) to the next
34 higher dollar.
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1 With respect to any week beginning on or after January 1,
2 1991 and before January 1, 1992, an individual to whom
3 benefits are payable with respect to any week shall, in
4 addition to the benefits, be paid, with respect to such week,
5 as follows: in the case of an individual with a nonworking
6 spouse, 8.3% of his prior average weekly wage, rounded (if
7 not already a multiple of one dollar) to the next higher
8 dollar, provided, that the total amount payable to the
9 individual with respect to a week shall not exceed 57.3% of
10 the statewide average weekly wage, rounded (if not already a
11 multiple of one dollar) to the next higher dollar; and in the
12 case of an individual with a dependent child or dependent
13 children, 15.3% of his prior average weekly wage, rounded (if
14 not already a multiple of one dollar) to the next higher
15 dollar, provided that the total amount payable to the
16 individual with respect to a week shall not exceed 64.3% of
17 the statewide average weekly wage, rounded (if not already a
18 multiple of one dollar) to the next higher dollar.
19 With respect to any week beginning on or after January 3,
20 1993, an individual to whom benefits are payable with respect
21 to any week shall, in addition to those benefits, be paid,
22 with respect to such week, as follows: in the case of an
23 individual with a nonworking spouse, 9% of his prior average
24 weekly wage, rounded (if not already a multiple of one
25 dollar) to the next higher dollar, provided, that the total
26 amount payable to the individual with respect to a week
27 shall not exceed 58.5% of the statewide average weekly wage,
28 rounded (if not already a multiple of one dollar) to the next
29 higher dollar; and in the case of an individual with a
30 dependent child or dependent children, 16% of his prior
31 average weekly wage, rounded (if not already a multiple of
32 one dollar) to the next higher dollar, provided that the
33 total amount payable to the individual with respect to a week
34 shall not exceed 65.5% of the statewide average weekly wage,
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1 rounded (if not already a multiple of one dollar) to the next
2 higher dollar.
3 For the purposes of this subsection:
4 "Dependent" means a child or a nonworking spouse.
5 "Child" means a natural child, stepchild, or adopted
6 child of an individual claiming benefits under this Act or a
7 child who is in the custody of any such individual by court
8 order, for whom the individual is supplying and, for at least
9 90 consecutive days (or for the duration of the parental
10 relationship if it has existed for less than 90 days)
11 immediately preceding any week with respect to which the
12 individual has filed a claim, has supplied more than one-half
13 the cost of support, or has supplied at least 1/4 of the cost
14 of support if the individual and the other parent, together,
15 are supplying and, during the aforesaid period, have supplied
16 more than one-half the cost of support, and are, and were
17 during the aforesaid period, members of the same household;
18 and who, on the first day of such week (a) is under 18 years
19 of age, or (b) is, and has been during the immediately
20 preceding 90 days, unable to work because of illness or other
21 disability: provided, that no person who has been determined
22 to be a child of an individual who has been allowed benefits
23 with respect to a week in the individual's benefit year shall
24 be deemed to be a child of the other parent, and no other
25 person shall be determined to be a child of such other
26 parent, during the remainder of that benefit year.
27 "Nonworking spouse" means the lawful husband or wife of
28 an individual claiming benefits under this Act, for whom more
29 than one-half the cost of support has been supplied by the
30 individual for at least 90 consecutive days (or for the
31 duration of the marital relationship if it has existed for
32 less than 90 days) immediately preceding any week with
33 respect to which the individual has filed a claim, but only
34 if the nonworking spouse is currently ineligible to receive
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1 benefits under this Act by reason of the provisions of
2 Section 500E.
3 An individual who was obligated by law to provide for the
4 support of a child or of a nonworking spouse for the
5 aforesaid period of 90 consecutive days, but was prevented by
6 illness or injury from doing so, shall be deemed to have
7 provided more than one-half the cost of supporting the child
8 or nonworking spouse for that period.
9 (Source: P.A. 89-633, eff. 1-1-97.)".