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90_SB0354
820 ILCS 405/612 from Ch. 48, par. 442
Amends the Unemployment Insurance Act. Makes a stylistic
change in a provision concerning the ineligibility of certain
academic personnel between academic years or terms.
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1 AN ACT to amend the Unemployment Insurance Act by
2 changing Section 612.
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 612 as follows:
7 (820 ILCS 405/612) (from Ch. 48, par. 442)
8 Sec. 612. Academic Personnel - Ineligibility between
9 academic years or terms.
10 A. Benefits based on wages for services which are
11 employment under the provisions of Sections 211.1, 211.2, and
12 302C shall be payable in the same amount, on the same terms,
13 and subject to the same conditions as benefits payable on the
14 basis of wages for other services which are employment under
15 this Act; except that:
16 1. An individual shall be ineligible for benefits,
17 on the basis of wages for employment in an instructional,
18 research, or principal administrative capacity performed
19 for an institution of higher education, for any week
20 which begins during the period between 2 two successive
21 academic years, or during a similar period between 2 two
22 regular terms, whether or not successive, or during a
23 period of paid sabbatical leave provided for in the
24 individual's contract, if the individual has a contract
25 or contracts to perform services in any such capacity for
26 any institution or institutions of higher education for
27 both such academic years or both such terms.
28 This paragraph 1 shall apply with respect to any
29 week which begins prior to January 1, 1978.
30 2. An individual shall be ineligible for benefits,
31 on the basis of wages for service in employment in any
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1 capacity other than those referred to in paragraph 1,
2 performed for an institution of higher learning, for any
3 week which begins after September 30, 1983, during a
4 period between two successive academic years or terms, if
5 the individual performed such service in the first of
6 such academic years or terms and there is a reasonable
7 assurance that the individual will perform such service
8 in the second of such academic years or terms.
9 3. An individual shall be ineligible for benefits,
10 on the basis of wages for service in employment in any
11 capacity other than those referred to in paragraph 1,
12 performed for an institution of higher education, for any
13 week which begins after January 5, 1985, during an
14 established and customary vacation period or holiday
15 recess, if the individual performed such service in the
16 period immediately before such vacation period or holiday
17 recess and there is a reasonable assurance that the
18 individual will perform such service in the period
19 immediately following such vacation period or holiday
20 recess.
21 B. Benefits based on wages for services which are
22 employment under the provisions of Sections 211.1 and 211.2
23 shall be payable in the same amount, on the same terms, and
24 subject to the same conditions, as benefits payable on the
25 basis of wages for other services which are employment under
26 this Act, except that:
27 1. An individual shall be ineligible for benefits,
28 on the basis of wages for service in employment in an
29 instructional, research, or principal administrative
30 capacity performed for an educational institution, for
31 any week which begins after December 31, 1977, during a
32 period between two successive academic years, or during a
33 similar period between two regular terms, whether or not
34 successive, or during a period of paid sabbatical leave
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1 provided for in the individual's contract, if the
2 individual performed such service in the first of such
3 academic years (or terms) and if there is a contract or a
4 reasonable assurance that the individual will perform
5 service in any such capacity for any educational
6 institution in the second of such academic years (or
7 terms).
8 2. An individual shall be ineligible for benefits,
9 on the basis of wages for service in employment in any
10 capacity other than those referred to in paragraph 1,
11 performed for an educational institution, for any week
12 which begins after December 31, 1977, during a period
13 between two successive academic years or terms, if the
14 individual performed such service in the first of such
15 academic years or terms and there is a reasonable
16 assurance that the individual will perform such service
17 in the second of such academic years or terms.
18 3. An individual shall be ineligible for benefits,
19 on the basis of wages for service in employment in any
20 capacity performed for an educational institution, for
21 any week which begins after January 5, 1985, during an
22 established and customary vacation period or holiday
23 recess, if the individual performed such service in the
24 period immediately before such vacation period or holiday
25 recess and there is a reasonable assurance that the
26 individual will perform such service in the period
27 immediately following such vacation period or holiday
28 recess.
29 4. An individual shall be ineligible for benefits
30 on the basis of wages for service in employment in any
31 capacity performed in an educational institution while in
32 the employ of an educational service agency for any week
33 which begins after January 5, 1985, (a) during a period
34 between two successive academic years or terms, if the
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1 individual performed such service in the first of such
2 academic years or terms and there is a reasonable
3 assurance that the individual will perform such service
4 in the second of such academic years or terms; and (b)
5 during an established and customary vacation period or
6 holiday recess, if the individual performed such service
7 in the period immediately before such vacation period or
8 holiday recess and there is a reasonable assurance that
9 the individual will perform such service in the period
10 immediately following such vacation period or holiday
11 recess. The term "educational service agency" means a
12 governmental agency or governmental entity which is
13 established and operated exclusively for the purpose of
14 providing such services to one or more educational
15 institutions.
16 C. 1. If benefits are denied to any individual under the
17 provisions of paragraph 2 of either subsection A or B of this
18 Section for any week which begins on or after September 3,
19 1982 and such individual is not offered a bona fide
20 opportunity to perform such services for the educational
21 institution for the second of such academic years or terms,
22 such individual shall be entitled to a retroactive payment of
23 benefits for each week for which the individual filed a
24 timely claim for benefits as determined by the rules and
25 regulations issued by the Director for the filing of claims
26 for benefits, provided that such benefits were denied solely
27 because of the provisions of paragraph 2 of either subsection
28 A or B of this Section.
29 2. If benefits on the basis of wages for service in
30 employment in other than an instructional, research, or
31 principal administrative capacity performed in an educational
32 institution while in the employ of an educational service
33 agency are denied to any individual under the provisions of
34 subparagraph (a) of paragraph 4 of subsection B and such
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1 individual is not offered a bona fide opportunity to perform
2 such services in an educational institution while in the
3 employ of an educational service agency for the second of
4 such academic years or terms, such individual shall be
5 entitled to a retroactive payment of benefits for each week
6 for which the individual filed a timely claim for benefits as
7 determined by the rules and regulations issued by the
8 Director for the filing of claims for benefits, provided that
9 such benefits were denied solely because of subparagraph (a)
10 of paragraph 4 of subsection B of this Section.
11 (Source: P.A. 87-1178.)