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90_SB0434
820 ILCS 405/500 from Ch. 48, par. 420
Amends the Unemployment Insurance Act. Disqualifies a
school crossing guard from status as available for work, and
thus eligible for benefits, during any week beginning after
June 1, 1997 that the guard is not working due to an
established vacation or holiday recess occurring between his
or her past and probable future employment as a guard.
Effective immediately.
LRB9000655WHmg
LRB9000655WHmg
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 on a form provided by
27 the Department listing the places at which he has sought
28 work; however, nothing in this subsection shall limit the
29 Director's approval of alternate methods of demonstrating an
30 active search for work based on regular reporting to a trade
31 union office.
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1 1. If an otherwise eligible individual is unable to
2 work or is unavailable for work on any normal workday of
3 the week, he shall be eligible to receive benefits with
4 respect to such week reduced by one-fifth of his weekly
5 benefit amount for each day of such inability to work or
6 unavailability for work. For the purposes of this
7 paragraph, an individual who reports on a day subsequent
8 to his designated report day shall be deemed unavailable
9 for work on his report day if his failure to report on
10 that day is without good cause, and on each intervening
11 day, if any, on which his failure to report is without
12 good cause. As used in the preceding sentence, "report
13 day" means the day which has been designated for the
14 individual to report to file his claim for benefits with
15 respect to any week. This paragraph shall not be
16 construed so as to effect any change in the status of
17 part-time workers as defined in Section 407.
18 2. An individual shall be considered to be
19 unavailable for work on days listed as whole holidays in
20 "An Act to revise the law in relation to promissory
21 notes, bonds, due bills and other instruments in
22 writing," approved March 18, 1874, as amended; on days
23 which are holidays in his religion or faith, and on days
24 which are holidays according to the custom of his trade
25 or occupation, if his failure to work on such day is a
26 result of the holiday. In determining the claimant's
27 eligibility for benefits and the amount to be paid him,
28 with respect to the week in which such holiday occurs, he
29 shall have attributed to him as additional earnings for
30 that week an amount equal to one-fifth of his weekly
31 benefit amount for each normal work day on which he does
32 not work because of a holiday of the type above
33 enumerated.
34 3. An individual shall be deemed unavailable for
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1 work if, after his separation from his most recent
2 employing unit, he has removed himself to and remains in
3 a locality where opportunities for work are substantially
4 less favorable than those in the locality he has left.
5 4. An individual shall be deemed unavailable for
6 work with respect to any week which occurs in a period
7 when his principal occupation is that of a student in
8 attendance at, or on vacation from, a public or private
9 school.
10 5. Notwithstanding any other provisions of this
11 Act, an individual shall not be deemed unavailable for
12 work or to have failed actively to seek work, nor shall
13 he be ineligible for benefits by reason of the
14 application of the provisions of Section 603, with
15 respect to any week, because he is enrolled in and is in
16 regular attendance at a training course approved for him
17 by the Director:
18 (a) but only if, with respect to that week,
19 the individual presents to the claims adjudicator
20 referred to in Section 702 a statement executed by a
21 responsible person connected with the training
22 course, certifying that the individual was in
23 full-time attendance at such course during the week.
24 The Director may approve such course for an
25 individual only if he finds that (1) reasonable work
26 opportunities for which the individual is fitted by
27 training and experience do not exist in his
28 locality; (2) the training course relates to an
29 occupation or skill for which there are, or are
30 expected to be in the immediate future, reasonable
31 work opportunities in his locality; (3) the training
32 course is offered by a competent and reliable
33 agency, educational institution, or employing unit;
34 (4) the individual has the required qualifications
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1 and aptitudes to complete the course successfully;
2 and (5) the individual is not receiving and is not
3 eligible (other than because he has claimed benefits
4 under this Act) for subsistence payments or similar
5 assistance under any public or private retraining
6 program: Provided, that the Director shall not
7 disapprove such course solely by reason of clause
8 (5) if the subsistence payment or similar assistance
9 is subject to reduction by an amount equal to any
10 benefits payable to the individual under this Act in
11 the absence of the clause. In the event that an
12 individual's weekly unemployment compensation
13 benefit is less than his certified training
14 allowance, that person shall be eligible to receive
15 his entire unemployment compensation benefits, plus
16 such supplemental training allowances that would
17 make an applicant's total weekly benefit identical
18 to the original certified training allowance.
19 (b) The Director shall have the authority to
20 grant approval pursuant to subparagraph (a) above
21 prior to an individual's formal admission into a
22 training course. Requests for approval shall not be
23 made more than 30 days prior to the actual starting
24 date of such course. Requests shall be made at the
25 appropriate unemployment office. Notwithstanding any
26 other provision to the contrary, the Director shall
27 approve a course for an individual if the course is
28 provided to the individual under Title III of the
29 federal Job Training Partnership Act.
30 (c) The Director shall for purposes of
31 paragraph C have the authority to issue a blanket
32 approval of training programs implemented pursuant
33 to the Comprehensive Employment and Training Act and
34 the Job Training Partnership Act if both the
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1 training program and the criteria for an
2 individual's participation in such training meet the
3 requirements of this paragraph C.
4 (d) Notwithstanding the requirements of
5 subparagraph (a), the Director shall have the
6 authority to issue blanket approval of training
7 programs implemented under the terms of a collective
8 bargaining agreement.
9 6. Notwithstanding any other provisions of this
10 Act, an individual shall not be deemed unavailable for
11 work or to have failed actively to seek work, nor shall
12 he be ineligible for benefits, by reason of the
13 application of the provisions of Section 603 with respect
14 to any week because he is in training approved under
15 Section 236 (a)(1) of the federal Trade Act of 1974, nor
16 shall an individual be ineligible for benefits under the
17 provisions of Section 601 by reason of leaving work
18 voluntarily to enter such training if the work left is
19 not of a substantially equal or higher skill level than
20 the individual's past adversely affected employment as
21 defined under the federal Trade Act of 1974 and the wages
22 for such work are less than 80% of his average weekly
23 wage as determined under the federal Trade Act of 1974.
24 7. An individual shall be deemed unavailable for
25 work, on the basis of wages for service in employment in
26 any capacity as a school crossing guard, with respect to
27 any week that begins after June 1, 1997 if: the week is
28 during an established and customary vacation period or
29 holiday recess, the individual performed that service in
30 the period immediately before that vacation or holiday
31 recess, and there is a reasonable assurance that the
32 individual will perform the service in the period
33 immediately following that vacation period or holiday.
34 D. If his benefit year begins prior to July 6, 1975 or
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1 subsequent to January 2, 1982, he has been unemployed for a
2 waiting period of 1 week during such benefit year. If his
3 benefit year begins on or after July 6, l975, but prior to
4 January 3, 1982, and his unemployment continues for more than
5 three weeks during such benefit year, he shall be eligible
6 for benefits with respect to each week of such unemployment,
7 including the first week thereof. An individual shall be
8 deemed to be unemployed within the meaning of this subsection
9 while receiving public assistance as remuneration for
10 services performed on work projects financed from funds made
11 available to governmental agencies for such purpose. No week
12 shall be counted as a week of unemployment for the purposes
13 of this subsection:
14 1. Unless it occurs within the benefit year which
15 includes the week with respect to which he claims payment
16 of benefits, provided that, for benefit years beginning
17 prior to January 3, 1982, this requirement shall not
18 interrupt the payment of benefits for consecutive weeks
19 of unemployment; and provided further that the week
20 immediately preceding a benefit year, if part of one
21 uninterrupted period of unemployment which continues into
22 such benefit year, shall be deemed (for the purpose of
23 this subsection only and with respect to benefit years
24 beginning prior to January 3, 1982, only) to be within
25 such benefit year, as well as within the preceding
26 benefit year, if the unemployed individual would, except
27 for the provisions of the first paragraph and paragraph 1
28 of this subsection and of Section 605, be eligible for
29 and entitled to benefits for such week.
30 2. If benefits have been paid with respect thereto.
31 3. Unless the individual was eligible for benefits
32 with respect thereto except for the requirements of this
33 subsection and of Section 605.
34 E. With respect to any benefit year beginning prior to
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1 January 3, 1982, he has been paid during his base period
2 wages for insured work not less than the amount specified in
3 Section 500E of this Act as amended and in effect on October
4 5, 1980. With respect to any benefit year beginning on or
5 after January 3, 1982, he has been paid during his base
6 period wages for insured work equal to not less than $1,600,
7 provided that he has been paid wages for insured work equal
8 to at least $440 during that part of his base period which
9 does not include the calendar quarter in which the wages paid
10 to him were highest.
11 F. During that week he has participated in reemployment
12 services to which he has been referred, including but not
13 limited to job search assistance services, pursuant to a
14 profiling system established by the Director by rule in
15 conformity with Section 303(j)(1) of the federal Social
16 Security Act, unless the Director determines that:
17 1. the individual has completed such services; or
18 2. there is justifiable cause for the claimant's
19 failure to participate in such services.
20 This subsection F is added by this amendatory Act of 1995
21 to clarify authority already provided under subsections A and
22 C in connection with the unemployment insurance claimant
23 profiling system required under subsections (a)(10) and
24 (j)(1) of Section 303 of the federal Social Security Act as a
25 condition of federal funding for the administration of the
26 Unemployment Insurance Act.
27 (Source: P.A. 88-655, eff. 9-16-94; 89-21, eff. 6-6-95.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.