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92_HB0425
LRB9200771WHcs
1 AN ACT concerning unemployment insurance.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Unemployment Insurance Act is amended by
5 changing Section 612 as follows:
6 (820 ILCS 405/612) (from Ch. 48, par. 442)
7 Sec. 612. Academic Personnel - Ineligibility between
8 academic years or terms.
9 A. Benefits based on wages for services which are
10 employment under the provisions of Sections 211.1, and 211.2,
11 and 302C shall be payable in the same amount, on the same
12 terms, and subject to the same conditions as benefits payable
13 on the basis of wages for other services which are employment
14 under this Act; except that an individual is ineligible for
15 benefits, on the basis of wages for services in an
16 instructional, research, or principal administrative capacity
17 performed:
18 1. For an educational institution, for any week
19 that begins during the period between 2 successive
20 academic years or terms (or, when an agreement provides
21 instead for a similar period between 2 regular but not
22 successive terms, during that period) or during a period
23 of paid sabbatical leave provided for in the individual's
24 contract, if the individual performs those services in
25 the first of the academic years (or terms) and there is a
26 contract or reasonable assurance that the individual will
27 perform services in any such capacity for any educational
28 institution, in the second of those academic years or
29 terms.
30 2. For an educational institution, for any week
31 that begins during an established and customary vacation
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1 period or holiday recess, if the individual performs
2 those services in the period immediately before the
3 vacation period or holiday recess and there is a
4 reasonable assurance that the individual will perform
5 those services in the period immediately following the
6 vacation period or holiday recess.
7 3. In an educational institution, while in the
8 employ of an educational service agency for any week: (i)
9 during a period between 2 successive academic years or
10 terms, if the individual performed those services in the
11 first of those academic years or terms and there is a
12 reasonable assurance that the individual will perform
13 those services in the second of those academic years or
14 terms; and (ii) during an established and customary
15 vacation period or holiday recess, if the individual
16 performed those services in the period immediately before
17 the vacation period or holiday recess and there is a
18 reasonable assurance that the individual will perform
19 those services in the period immediately following the
20 vacation period or holiday recess. As used in this
21 Section, "educational service agency" means a
22 governmental agency or governmental entity that is
23 established and operated exclusively for the purpose of
24 providing such service to one or more educational
25 institutions.
26 : 1. an individual shall be ineligible for benefits, on the
27 basis of wages for employment in an instructional, research,
28 or principal administrative capacity performed for an
29 institution of higher education, for any week which begins
30 during the period between two successive academic years, or
31 during a similar period between two regular terms, whether or
32 not successive, or during a period of paid sabbatical leave
33 provided for in the individual's contract, if the individual
34 has a contract or contracts to perform services in any such
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1 capacity for any institution or institutions of higher
2 education for both such academic years or both such terms.
3 This paragraph 1 shall apply with respect to any week
4 which begins prior to January 1, 1978.
5 2. An individual shall be ineligible for benefits,
6 on the basis of wages for service in employment in any
7 capacity other than those referred to in paragraph 1,
8 performed for an institution of higher learning, for any
9 week which begins after September 30, 1983, during a
10 period between two successive academic years or terms, if
11 the individual performed such service in the first of
12 such academic years or terms and there is a reasonable
13 assurance that the individual will perform such service
14 in the second of such academic years or terms.
15 3. An individual shall be ineligible for benefits,
16 on the basis of wages for service in employment in any
17 capacity other than those referred to in paragraph 1,
18 performed for an institution of higher education, for any
19 week which begins after January 5, 1985, during an
20 established and customary vacation period or holiday
21 recess, if the individual performed such service in the
22 period immediately before such vacation period or holiday
23 recess and there is a reasonable assurance that the
24 individual will perform such service in the period
25 immediately following such vacation period or holiday
26 recess.
27 B. Benefits based on wages for services which are
28 employment under the provisions of Sections 211.1 and 211.2
29 shall be payable in the same amount, on the same terms, and
30 subject to the same conditions, as benefits payable on the
31 basis of wages for other services which are employment under
32 this Act, except that: 1. an individual shall be ineligible
33 for benefits, on the basis of wages for service in employment
34 in an instructional, research, or principal administrative
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1 capacity performed for an educational institution, for any
2 week which begins after December 31, 1977, during a period
3 between two successive academic years, or during a similar
4 period between two regular terms, whether or not successive,
5 or during a period of paid sabbatical leave provided for in
6 the individual's contract, if the individual performed such
7 service in the first of such academic years (or terms) and if
8 there is a contract or a reasonable assurance that the
9 individual will perform service in any such capacity for any
10 educational institution in the second of such academic years
11 (or terms).
12 2. An individual shall be ineligible for benefits,
13 on the basis of wages for service in employment in any
14 capacity other than those referred to in paragraph 1,
15 performed for an educational institution, for any week
16 which begins after December 31, 1977, during a period
17 between two successive academic years or terms, if the
18 individual performed such service in the first of such
19 academic years or terms and there is a reasonable
20 assurance that the individual will perform such service
21 in the second of such academic years or terms.
22 3. An individual shall be ineligible for benefits,
23 on the basis of wages for service in employment in any
24 capacity performed for an educational institution, for
25 any week which begins after January 5, 1985, during an
26 established and customary vacation period or holiday
27 recess, if the individual performed such service in the
28 period immediately before such vacation period or holiday
29 recess and there is a reasonable assurance that the
30 individual will perform such service in the period
31 immediately following such vacation period or holiday
32 recess.
33 4. An individual shall be ineligible for benefits
34 on the basis of wages for service in employment in any
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1 capacity performed in an educational institution while in
2 the employ of an educational service agency for any week
3 which begins after January 5, 1985, (a) during a period
4 between two successive academic years or terms, if the
5 individual performed such service in the first of such
6 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; and (b)
9 during an established and customary vacation period or
10 holiday recess, if the individual performed such service
11 in the period immediately before such vacation period or
12 holiday recess and there is a reasonable assurance that
13 the individual will perform such service in the period
14 immediately following such vacation period or holiday
15 recess. The term "educational service agency" means a
16 governmental agency or governmental entity which is
17 established and operated exclusively for the purpose of
18 providing such services to one or more educational
19 institutions.
20 C. 1. If benefits are denied to any individual under the
21 provisions of paragraph 2 of either subsection A or B of this
22 Section for any week which begins on or after September 3,
23 1982 and such individual is not offered a bona fide
24 opportunity to perform such services for the educational
25 institution for the second of such academic years or terms,
26 such individual shall be entitled to a retroactive payment of
27 benefits for each week for which the individual filed a
28 timely claim for benefits as determined by the rules and
29 regulations issued by the Director for the filing of claims
30 for benefits, provided that such benefits were denied solely
31 because of the provisions of paragraph 2 of either subsection
32 A or B of this Section.
33 2. If benefits on the basis of wages for service in
34 employment in other than an instructional, research, or
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1 principal administrative capacity performed in an educational
2 institution while in the employ of an educational service
3 agency are denied to any individual under the provisions of
4 subparagraph (a) of paragraph 4 of subsection B and such
5 individual is not offered a bona fide opportunity to perform
6 such services in an educational institution while in the
7 employ of an educational service agency for the second of
8 such academic years or terms, such individual shall be
9 entitled to a retroactive payment of benefits for each week
10 for which the individual filed a timely claim for benefits as
11 determined by the rules and regulations issued by the
12 Director for the filing of claims for benefits, provided that
13 such benefits were denied solely because of subparagraph (a)
14 of paragraph 4 of subsection B of this Section.
15 (Source: P.A. 87-1178.)