State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]


92_SB0795eng

 
SB795 Engrossed                                LRB9204812WHcs

 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 Sections 1506.1 and 1506.3 as follows:

 6        (820 ILCS 405/1506.1) (from Ch. 48, par. 576.1)
 7        Sec. 1506.1.  Determination  of  Employer's  Contribution
 8    Rate.
 9        A.  The  contribution rate for any calendar year prior to
10    1982 of each employer who  has  incurred  liability  for  the
11    payment  of  contributions  within each of the three calendar
12    years immediately preceding the calendar  year  for  which  a
13    rate  is  being  determined shall be determined in accordance
14    with the provisions of this Act as amended and in  effect  on
15    October 5, 1980.
16        B.  The  contribution  rate  for  calendar years 1982 and
17    1983 of each employer who  has  incurred  liability  for  the
18    payment  of  contributions  within each of the three calendar
19    years immediately preceding the calendar  year  for  which  a
20    rate  is  being  determined  shall be the product obtained by
21    multiplying  the  employer's  benefit  wage  ratio  for  that
22    calendar year by the adjusted state experience factor for the
23    same year, provided that:
24             1.  No employer's contribution rate shall  be  lower
25        than two-tenths of 1 percent or higher than 5.3%; and
26             2.  Intermediate  contribution  rates  between  such
27        minimum  and  maximum  rates  shall  be at one-tenth of 1
28        percent intervals.
29             3.  If the product  obtained  as  provided  in  this
30        subsection  is  not  an  exact multiple of one-tenth of 1
31        percent, it shall be increased or reduced,  as  the  case
 
SB795 Engrossed             -2-                LRB9204812WHcs
 1        may be, to the nearer multiple of one-tenth of 1 percent.
 2        If  such  product  is  equally  near  to two multiples of
 3        one-tenth of 1 percent, it  shall  be  increased  to  the
 4        higher  multiple  of  one-tenth  of  1  percent.  If such
 5        product is less than two-tenths of one percent, it  shall
 6        be  increased  to two-tenths of 1 percent, and if greater
 7        than 5.3%, it shall be reduced to 5.3%.
 8        The contribution rate of each  employer  for  whom  wages
 9    became  benefit  wages during the applicable period specified
10    in Section 1503, but who paid no contributions upon wages for
11    insured work  during  such  period  on  or  before  the  date
12    designated in Section 1503, shall be 5.3%.
13        The  contribution rate of each employer for whom no wages
14    became benefit wages during the applicable  period  specified
15    in Section 1503, and who paid no contributions upon wages for
16    insured  work  during  such  period  on  or  before  the date
17    specified in Section 1503, shall be 2.7 percent.
18        Notwithstanding the other provisions of this Section,  no
19    employer's  contribution  rate with respect to calendar years
20    1982 and 1983 shall exceed  2.7  percent  of  the  wages  for
21    insured work paid by him during any calendar quarter, if such
22    wages  paid  during  such  calendar  quarter  total less than
23    $50,000.
24        C.  The contribution rate for calendar years  1984,  1985
25    and  1986 of each employer who has incurred liability for the
26    payment of contributions within  each  of  the  two  calendar
27    years  immediately  preceding  the  calendar year for which a
28    rate is being determined shall be  the  product  obtained  by
29    multiplying  the  employer's  benefit  wage  ratio  for  that
30    calendar year by the adjusted state experience factor for the
31    same year, provided that:
32             1.  An employer's minimum contribution rate shall be
33        the   greater  of:  .2%;  or,  the  product  obtained  by
34        multiplying .2% by the adjusted state  experience  factor
 
SB795 Engrossed             -3-                LRB9204812WHcs
 1        for the applicable calendar year.
 2             2.  An employer's maximum contribution rate shall be
 3        the  greater  of  5.5%  or  the  product  of 5.5% and the
 4        adjusted  State  experience  factor  for  the  applicable
 5        calendar year except that such maximum contribution  rate
 6        shall not be higher than 6.3% for calendar year 1984, nor
 7        be  higher than 6.6% or lower than 6.4% for calendar year
 8        1985, nor be higher than 6.7%  or  lower  than  6.5%  for
 9        calendar year 1986.
10             3.  If  any  product  obtained in this subsection is
11        not an exact multiple of one-tenth  of  one  percent,  it
12        shall  be increased or reduced, as the case may be to the
13        nearer multiple of one-tenth  of  one  percent.  If  such
14        product  is equally near to two multiples of one-tenth of
15        one percent, it shall be increased to the higher multiple
16        of one-tenth of one percent.
17             4.  Intermediate  rates  between  such  minimum  and
18        maximum rates  shall  be  at  one-tenth  of  one  percent
19        intervals.
20        The  contribution  rate  of  each employer for whom wages
21    became benefit wages during the applicable  period  specified
22    in Section 1503, but who paid no contributions upon wages for
23    insured  work  during  such  period  on  or  before  the date
24    designated in Section 1503, shall be the maximum contribution
25    rate as determined by paragraph 2  of  this  subsection.  The
26    contribution  rate for each employer for whom no wages became
27    benefit wages during the applicable period on or  before  the
28    date specified in Section 1503, and who paid no contributions
29    upon  wages  for insured work during such period on or before
30    the date specified in Section 1503, shall be the  greater  of
31    2.7% or 2.7% times the then current adjusted state experience
32    factor  as  determined by the Director in accordance with the
33    provisions of Sections 1504 and 1505.
34        Notwithstanding, the other provisions of this Section, no
 
SB795 Engrossed             -4-                LRB9204812WHcs
 1    employer's contribution rate with  respect  to  the  calendar
 2    year  1984  shall  exceed  2.7 percent times the then current
 3    adjusted  state  experience  factor  as  determined  by   the
 4    Director  in  accordance with the provisions of Sections 1504
 5    and 1505 of the wages for insured work paid by him during any
 6    calendar quarter, if such wages  paid  during  such  calendar
 7    quarter total less than $50,000.
 8        D.  The  contribution rate for calendar years 1987, 1988,
 9    1989 and 1990 of each employer who has incurred liability for
10    the  payment  of  contributions  within  each  of  the  three
11    calendar years immediately preceding the  calendar  year  for
12    which  a  rate  is  being  determined  shall  be  the product
13    obtained by multiplying the employer's benefit wage ratio for
14    that calendar year by the adjusted  state  experience  factor
15    for the same year, provided, that:
16             1.  An employer's minimum contribution rate shall be
17        the greater of .2% or the product obtained by multiplying
18        .2%  by  the  adjusted  State  experience  factor for the
19        applicable calendar year.
20             2.  An employer's maximum contribution rate shall be
21        the greater of 5.5%  or  the  product  of  5.5%  and  the
22        adjusted  State  experience  factor for the calendar year
23        1987 except that such maximum contribution rate shall not
24        be higher than 6.7% or lower than 6.5% and an  employer's
25        maximum  contribution  rate for 1988, 1989 and 1990 shall
26        be the greater of 6.4% or the product  of  6.4%  and  the
27        adjusted  State  experience  factor  for  the  applicable
28        calendar year.
29             3.  If  any  product  obtained in this subsection is
30        not an exact multiple of one-tenth  of  one  percent,  it
31        shall  be increased or reduced, as the case may be to the
32        nearer multiple of  one-tenth  of  1  percent.   If  such
33        product  is equally near to two multiples of one-tenth of
34        1 percent, it shall be increased to the  higher  multiple
 
SB795 Engrossed             -5-                LRB9204812WHcs
 1        of one-tenth of 1 percent.
 2             4.  Intermediate  rates  between  such  minimum  and
 3        maximum   rates  shall  be  at  one-tenth  of  1  percent
 4        intervals.
 5        The contribution rate of each  employer  for  whom  wages
 6    became  benefit  wages during the applicable period specified
 7    in Section 1503, but who did not  report  wages  for  insured
 8    work  during  such  period, shall be the maximum contribution
 9    rate as determined by paragraph 2 of  this  subsection.   The
10    contribution  rate for each employer for whom no wages became
11    benefit wages  during  the  applicable  period  specified  in
12    Section  1503,  and who did not report wages for insured work
13    during such period, shall be the  greater  of  2.7%  or  2.7%
14    times  the  then  current adjusted State experience factor as
15    determined by the Director in accordance with the  provisions
16    of Sections 1504 and 1505.
17        E.  The contribution rate for calendar year 1991 and each
18    calendar  year  thereafter  of each employer who has incurred
19    liability for the payment of contributions within each of the
20    three calendar years immediately preceding the calendar  year
21    for  which  a  rate  is being determined shall be the product
22    obtained by multiplying the employer's benefit ratio  defined
23    by  Section  1503.1  for  that  calendar year by the adjusted
24    state experience factor for the same year, provided that:
25             1.  Except as otherwise provided in this  paragraph,
26        An  employer's  minimum  contribution  rate  for calendar
27        years prior to 2002 shall be the greater of 0.2%  or  the
28        product  obtained  by  multiplying  0.2%  by the adjusted
29        state experience factor for the applicable calendar year.
30        An employer's  minimum  contribution  rate  for  calendar
31        years  after  2001  shall  be  the greater of 0.1% or the
32        product obtained by  multiplying  0.1%  by  the  adjusted
33        state experience factor for the applicable calendar year.
34        An employer's minimum contribution rate shall be 0.1% for
 
SB795 Engrossed             -6-                LRB9204812WHcs
 1        calendar year 1996.
 2             2.  An employer's maximum contribution rate shall be
 3        the  greater  of  6.4%  or  the  product  of 6.4% and the
 4        adjusted  state  experience  factor  for  the  applicable
 5        calendar year.
 6             3.  If any product obtained in  this  subsection  is
 7        not  an  exact  multiple  of one-tenth of one percent, it
 8        shall be increased or reduced, as the case may be to  the
 9        nearer  multiple  of  one-tenth  of  one percent. If such
10        product is equally near to two multiples of one-tenth  of
11        one percent, it shall be increased to the higher multiple
12        of one-tenth of one percent.
13             4.  Intermediate  rates  between  such  minimum  and
14        maximum  rates  shall  be  at  one-tenth  of  one percent
15        intervals.
16        The contribution rate of each  employer  for  whom  wages
17    became  benefit  wages during the applicable period specified
18    in Section 1503 or for whom benefit payments  became  benefit
19    charges  during  the  applicable  period specified in Section
20    1503.1, but who did not report wages for insured work  during
21    such  period,  shall  be  the  maximum  contribution  rate as
22    determined  by  paragraph  2   of   this   subsection.    The
23    contribution  rate for each employer for whom no wages became
24    benefit wages  during  the  applicable  period  specified  in
25    Section  1503  or for whom no benefit payments became benefit
26    charges during the applicable  period  specified  in  Section
27    1503.1,  and who did not report wages for insured work during
28    such period, shall be the greater of 2.7% or 2.7%  times  the
29    then  current  adjusted state experience factor as determined
30    by the Director in accordance with the provisions of Sections
31    1504 and 1505.
32        F.  Notwithstanding the other provisions of this Section,
33    and pursuant to Section 271 of  the  Tax  Equity  and  Fiscal
34    Responsibility   Act  of  1982,  as  amended,  no  employer's
 
SB795 Engrossed             -7-                LRB9204812WHcs
 1    contribution rate with respect to calendar years 1985,  1986,
 2    1987  and  1988  shall, for any calendar quarter during which
 3    the wages paid by that employer are less than $50,000, exceed
 4    the following: with respect to calendar year 1985, 3.7%; with
 5    respect to calendar year 1986, 4.1%; with respect to calendar
 6    year 1987, 4.5%; and with  respect  to  calendar  year  1988,
 7    5.0%.
 8        G.  Notwithstanding the other provisions of this Section,
 9    no employer's contribution rate with respect to calendar year
10    1989  and  each calendar year thereafter shall exceed 5.4% of
11    the wages for insured work paid by him  during  any  calendar
12    quarter,  if  such  wages  paid  during such calendar quarter
13    total less than $50,000.
14    (Source: P.A. 89-446, eff. 2-8-96.)

15        (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3)
16        Sec.   1506.3.    Fund   building   rates   -   Temporary
17    Administrative Funding.
18        A.  Notwithstanding any other provision of this Act,  the
19    following  fund  building  rates  shall  be in effect for the
20    following calendar years:
21        For each employer whose contribution rate for 1988, 1989,
22    1990, the first, third, and fourth quarters of 1991, and 1992
23    through 2001, 1993, 1994, 1995, and  1997  and  any  calendar
24    year  thereafter  would,  in  the absence of this Section, be
25    0.2% or higher, or whose contribution rate for 2002  and  any
26    calendar  year  thereafter  would,  in  the  absence  of this
27    Section, be 0.1% or higher, a contribution rate which is  the
28    sum of such rate and 0.4%;
29        For  each employer whose contribution rate for the second
30    quarter of 1991 would, in the absence  of  this  Section,  be
31    0.2%  or higher, a contribution rate which is the sum of such
32    rate and 0.3%;
33        For each employer whose contribution rate for 1996 would,
 
SB795 Engrossed             -8-                LRB9204812WHcs
 1    in the  absence  of  this  Section,  be  0.1%  or  higher,  a
 2    contribution rate which is the sum of such rate and 0.4%;
 3        Notwithstanding  the preceding paragraphs of this Section
 4    or any other provision of this Act, except for the provisions
 5    contained in Section 1500 pertaining to rates  applicable  to
 6    employers  classified  under the Standard Industrial Code, or
 7    another classification system sanctioned by the United States
 8    Department of Labor and prescribed by the Director  by  rule,
 9    no  employer  whose  total wages for insured work paid by him
10    during any calendar quarter in 1988  and  any  calendar  year
11    thereafter are less than $50,000 shall pay contributions at a
12    rate   with   respect  to  such  quarter  which  exceeds  the
13    following: with respect  to  calendar  year  1988,  5%;  with
14    respect to 1989 and any calendar year thereafter, 5.4%.
15        Notwithstanding  the preceding paragraph of this Section,
16    or  any  other  provision  of   this   Act,   no   employer's
17    contribution rate with respect to calendar years 1993 through
18    1995  shall  exceed 5.4% if the employer ceased operations at
19    an Illinois  manufacturing  facility  in  1991  and  remained
20    closed  at that facility during all of 1992, and the employer
21    in 1993 commits to invest at least $5,000,000 for the purpose
22    of resuming operations at that  facility,  and  the  employer
23    rehires  during 1993 at least 250 of the individuals employed
24    by it at that facility during the one year  period  prior  to
25    the  cessation  of  its  operations, provided that, within 30
26    days after the effective date of this amendatory Act of 1993,
27    the employer makes application to the Department to have  the
28    provisions  of  this  paragraph apply to it.  The immediately
29    preceding sentence shall be null and void with respect to  an
30    employer  which  by  December  31, 1993 has not satisfied the
31    rehiring requirement specified by this paragraph or which  by
32    December  31,  1994  has not made the investment specified by
33    this paragraph.
34        B.  Notwithstanding any other provision of this Act,  for
 
SB795 Engrossed             -9-                LRB9204812WHcs
 1    the  second  quarter  of  1991, the contribution rate of each
 2    employer as determined  in  accordance  with  Sections  1500,
 3    1506.1,  and  subsection  A of this Section shall be equal to
 4    the sum of such rate and 0.1%; provided that this  subsection
 5    shall  not  apply  to  any employer whose rate computed under
 6    Section 1506.1 for such quarter is  between  5.1%  and  5.3%,
 7    inclusive,  and  who  qualifies  for  the  5.4%  rate ceiling
 8    imposed by the  last  paragraph  of  subsection  A  for  such
 9    quarter.  All payments made pursuant to this subsection shall
10    be  deposited  in the Employment Security Administrative Fund
11    established  under  Section   2103.1   and   used   for   the
12    administration of this Act.
13        C.  Payments   received   by   the   Director  which  are
14    insufficient to pay the total contributions due under the Act
15    shall be first applied to satisfy the amount due pursuant  to
16    subsection B.
17        D.  All   provisions   of  this  Act  applicable  to  the
18    collection or refund of any contribution due under  this  Act
19    shall  be  applicable  to the collection or refund of amounts
20    due pursuant to subsection B.
21    (Source: P.A. 91-342, eff. 1-1-00.)

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