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90_HB3879 820 ILCS 405/500 from Ch. 48, par. 420 Amends provisions of the Unemployment Insurance Act concerning availability for work on certain holidays. Provides that no individual shall be considered unavailable for work unless the employing unit submits, within 10 days after notification of a claim, a notice of possible ineligibility designating the holiday. Effective immediately. LRB9011914WHdv LRB9011914WHdv 1 AN ACT to amend the Unemployment Insurance Act by 2 changing Section 500. 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 Section 500 as follows: 7 (820 ILCS 405/500) (from Ch. 48, par. 420) 8 Sec. 500. Eligibility for benefits. An unemployed 9 individual shall be eligible to receive benefits with respect 10 to any week only if the Director finds that: 11 A. He has registered for work at and thereafter has 12 continued to report at an employment office in accordance 13 with such regulations as the Director may prescribe, except 14 that the Director may, by regulation, waive or alter either 15 or both of the requirements of this subsection as to 16 individuals attached to regular jobs, and as to such other 17 types of cases or situations with respect to which he finds 18 that compliance with such requirements would be oppressive or 19 inconsistent with the purposes of this Act, provided that no 20 such regulation shall conflict with Section 400 of this Act. 21 B. He has made a claim for benefits with respect to such 22 week in accordance with such regulations as the Director may 23 prescribe. 24 C. He is able to work, and is available for work; 25 provided that during the period in question he was actively 26 seeking work and he has certified such. Whenever requested 27 to do so by the Director, the individual shall, in the manner 28 the Director prescribes by regulation, inform the Department 29 of the places at which he has sought work during the period 30 in question. Nothing in this subsection shall limit the 31 Director's approval of alternate methods of demonstrating an -2- LRB9011914WHdv 1 active search for work based on regular reporting to a trade 2 union office. 3 1. If an otherwise eligible individual is unable to 4 work or is unavailable for work on any normal workday of 5 the week, he shall be eligible to receive benefits with 6 respect to such week reduced by one-fifth of his weekly 7 benefit amount for each day of such inability to work or 8 unavailability for work. For the purposes of this 9 paragraph, an individual who reports on a day subsequent 10 to his designated report day shall be deemed unavailable 11 for work on his report day if his failure to report on 12 that day is without good cause, and on each intervening 13 day, if any, on which his failure to report is without 14 good cause. As used in the preceding sentence, "report 15 day" means the day which has been designated for the 16 individual to report to file his claim for benefits with 17 respect to any week. This paragraph shall not be 18 construed so as to effect any change in the status of 19 part-time workers as defined in Section 407. 20 2. An individual shall be considered to be 21 unavailable for work on days listed as whole holidays in 22 "An Act to revise the law in relation to promissory 23 notes, bonds, due bills and other instruments in 24 writing," approved March 18, 1874, as amended; on days 25 which are holidays in his religion or faith, and on days 26 which are holidays according to the custom of his trade 27 or occupation, if his failure to work on such day is a 28 result of the holiday. In determining the claimant's 29 eligibility for benefits and the amount to be paid him, 30 with respect to the week in which such holiday occurs, he 31 shall have attributed to him as additional earnings for 32 that week an amount equal to one-fifth of his weekly 33 benefit amount for each normal work day on which he does 34 not work because of a holiday of the type above -3- LRB9011914WHdv 1 enumerated. For the purpose of this paragraph, no 2 individual shall be considered unavailable for work 3 unless the employing unit, within 10 calendar days after 4 notification of the claim, submits a notice of possible 5 ineligibility designating the holiday. 6 3. An individual shall be deemed unavailable for 7 work if, after his separation from his most recent 8 employing unit, he has removed himself to and remains in 9 a locality where opportunities for work are substantially 10 less favorable than those in the locality he has left. 11 4. An individual shall be deemed unavailable for 12 work with respect to any week which occurs in a period 13 when his principal occupation is that of a student in 14 attendance at, or on vacation from, a public or private 15 school. 16 5. Notwithstanding any other provisions of this 17 Act, an individual shall not be deemed unavailable for 18 work or to have failed actively to seek work, nor shall 19 he be ineligible for benefits by reason of the 20 application of the provisions of Section 603, with 21 respect to any week, because he is enrolled in and is in 22 regular attendance at a training course approved for him 23 by the Director: 24 (a) but only if, with respect to that week, 25 the individual presents, upon request, to the claims 26 adjudicator referred to in Section 702 a statement 27 executed by a responsible person connected with the 28 training course, certifying that the individual was 29 in full-time attendance at such course during the 30 week. The Director may approve such course for an 31 individual only if he finds that (1) reasonable work 32 opportunities for which the individual is fitted by 33 training and experience do not exist in his 34 locality; (2) the training course relates to an -4- LRB9011914WHdv 1 occupation or skill for which there are, or are 2 expected to be in the immediate future, reasonable 3 work opportunities in his locality; (3) the training 4 course is offered by a competent and reliable 5 agency, educational institution, or employing unit; 6 (4) the individual has the required qualifications 7 and aptitudes to complete the course successfully; 8 and (5) the individual is not receiving and is not 9 eligible (other than because he has claimed benefits 10 under this Act) for subsistence payments or similar 11 assistance under any public or private retraining 12 program: Provided, that the Director shall not 13 disapprove such course solely by reason of clause 14 (5) if the subsistence payment or similar assistance 15 is subject to reduction by an amount equal to any 16 benefits payable to the individual under this Act in 17 the absence of the clause. In the event that an 18 individual's weekly unemployment compensation 19 benefit is less than his certified training 20 allowance, that person shall be eligible to receive 21 his entire unemployment compensation benefits, plus 22 such supplemental training allowances that would 23 make an applicant's total weekly benefit identical 24 to the original certified training allowance. 25 (b) The Director shall have the authority to 26 grant approval pursuant to subparagraph (a) above 27 prior to an individual's formal admission into a 28 training course. Requests for approval shall not be 29 made more than 30 days prior to the actual starting 30 date of such course. Requests shall be made at the 31 appropriate unemployment office. Notwithstanding any 32 other provision to the contrary, the Director shall 33 approve a course for an individual if the course is 34 provided to the individual under Title III of the -5- LRB9011914WHdv 1 federal Job Training Partnership Act. 2 (c) The Director shall for purposes of 3 paragraph C have the authority to issue a blanket 4 approval of training programs implemented pursuant 5 to the Comprehensive Employment and Training Act and 6 the Job Training Partnership Act if both the 7 training program and the criteria for an 8 individual's participation in such training meet the 9 requirements of this paragraph C. 10 (d) Notwithstanding the requirements of 11 subparagraph (a), the Director shall have the 12 authority to issue blanket approval of training 13 programs implemented under the terms of a collective 14 bargaining agreement. 15 6. Notwithstanding any other provisions of this 16 Act, an individual shall not be deemed unavailable for 17 work or to have failed actively to seek work, nor shall 18 he be ineligible for benefits, by reason of the 19 application of the provisions of Section 603 with respect 20 to any week because he is in training approved under 21 Section 236 (a)(1) of the federal Trade Act of 1974, nor 22 shall an individual be ineligible for benefits under the 23 provisions of Section 601 by reason of leaving work 24 voluntarily to enter such training if the work left is 25 not of a substantially equal or higher skill level than 26 the individual's past adversely affected employment as 27 defined under the federal Trade Act of 1974 and the wages 28 for such work are less than 80% of his average weekly 29 wage as determined under the federal Trade Act of 1974. 30 D. If his benefit year begins prior to July 6, 1975 or 31 subsequent to January 2, 1982, he has been unemployed for a 32 waiting period of 1 week during such benefit year. If his 33 benefit year begins on or after July 6, l975, but prior to 34 January 3, 1982, and his unemployment continues for more than -6- LRB9011914WHdv 1 three weeks during such benefit year, he shall be eligible 2 for benefits with respect to each week of such unemployment, 3 including the first week thereof. An individual shall be 4 deemed to be unemployed within the meaning of this subsection 5 while receiving public assistance as remuneration for 6 services performed on work projects financed from funds made 7 available to governmental agencies for such purpose. No week 8 shall be counted as a week of unemployment for the purposes 9 of this subsection: 10 1. Unless it occurs within the benefit year which 11 includes the week with respect to which he claims payment 12 of benefits, provided that, for benefit years beginning 13 prior to January 3, 1982, this requirement shall not 14 interrupt the payment of benefits for consecutive weeks 15 of unemployment; and provided further that the week 16 immediately preceding a benefit year, if part of one 17 uninterrupted period of unemployment which continues into 18 such benefit year, shall be deemed (for the purpose of 19 this subsection only and with respect to benefit years 20 beginning prior to January 3, 1982, only) to be within 21 such benefit year, as well as within the preceding 22 benefit year, if the unemployed individual would, except 23 for the provisions of the first paragraph and paragraph 1 24 of this subsection and of Section 605, be eligible for 25 and entitled to benefits for such week. 26 2. If benefits have been paid with respect thereto. 27 3. Unless the individual was eligible for benefits 28 with respect thereto except for the requirements of this 29 subsection and of Section 605. 30 E. With respect to any benefit year beginning prior to 31 January 3, 1982, he has been paid during his base period 32 wages for insured work not less than the amount specified in 33 Section 500E of this Act as amended and in effect on October 34 5, 1980. With respect to any benefit year beginning on or -7- LRB9011914WHdv 1 after January 3, 1982, he has been paid during his base 2 period wages for insured work equal to not less than $1,600, 3 provided that he has been paid wages for insured work equal 4 to at least $440 during that part of his base period which 5 does not include the calendar quarter in which the wages paid 6 to him were highest. 7 F. During that week he has participated in reemployment 8 services to which he has been referred, including but not 9 limited to job search assistance services, pursuant to a 10 profiling system established by the Director by rule in 11 conformity with Section 303(j)(1) of the federal Social 12 Security Act, unless the Director determines that: 13 1. the individual has completed such services; or 14 2. there is justifiable cause for the claimant's 15 failure to participate in such services. 16 This subsection F is added by this amendatory Act of 1995 17 to clarify authority already provided under subsections A and 18 C in connection with the unemployment insurance claimant 19 profiling system required under subsections (a)(10) and 20 (j)(1) of Section 303 of the federal Social Security Act as a 21 condition of federal funding for the administration of the 22 Unemployment Insurance Act. 23 (Source: P.A. 89-21, eff. 6-6-95; 90-554, eff. 12-12-97.) 24 Section 99. Effective date. This Act takes effect upon 25 becoming law.
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