State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


92_SB0858enr

 
SB858 Enrolled                                 LRB9201212RCcd

 1        AN ACT in relation to 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 500 and 703 as follows:

 6        (820 ILCS 405/500) (from Ch. 48, par. 420)
 7        Sec.  500.   Eligibility  for  benefits.    An unemployed
 8    individual shall be eligible to receive benefits with respect
 9    to any week only if the Director finds that:
10        A.  He has registered for  work  at  and  thereafter  has
11    continued  to  report  at  an employment office in accordance
12    with such regulations as the Director may  prescribe,  except
13    that  the  Director may, by regulation, waive or alter either
14    or  both  of  the  requirements  of  this  subsection  as  to
15    individuals attached to regular jobs, and as  to  such  other
16    types  of  cases or situations with respect to which he finds
17    that compliance with such requirements would be oppressive or
18    inconsistent with the purposes of this Act, provided that  no
19    such regulation shall conflict with Section 400 of this Act.
20        B.  He has made a claim for benefits with respect to such
21    week  in accordance with such regulations as the Director may
22    prescribe.
23        C.  He is able  to  work,  and  is  available  for  work;
24    provided  that  during the period in question he was actively
25    seeking work and he has certified such.   Whenever  requested
26    to do so by the Director, the individual shall, in the manner
27    the  Director prescribes by regulation, inform the Department
28    of the places at which he has sought work during  the  period
29    in  question.    Nothing  in  this subsection shall limit the
30    Director's approval of alternate methods of demonstrating  an
31    active search for work  based on regular reporting to a trade
 
SB858 Enrolled             -2-                 LRB9201212RCcd
 1    union office.
 2             1.  If an otherwise eligible individual is unable to
 3        work  or is unavailable for work on any normal workday of
 4        the week, he shall be eligible to receive  benefits  with
 5        respect  to  such week reduced by one-fifth of his weekly
 6        benefit amount for each day of such inability to work  or
 7        unavailability  for  work.   For  the  purposes  of  this
 8        paragraph,  an individual who reports on a day subsequent
 9        to his designated report day shall be deemed  unavailable
10        for  work  on  his report day if his failure to report on
11        that day is without good cause, and on  each  intervening
12        day,  if  any,  on which his failure to report is without
13        good cause.  As used in the preceding  sentence,  "report
14        day"  means  the  day  which  has been designated for the
15        individual to report to file his claim for benefits  with
16        respect  to  any  week.   This  paragraph  shall  not  be
17        construed  so  as  to  effect any change in the status of
18        part-time workers as defined in Section 407.
19             2.  An  individual  shall  be   considered   to   be
20        unavailable  for work on days listed as whole holidays in
21        "An Act to revise  the  law  in  relation  to  promissory
22        notes,   bonds,   due  bills  and  other  instruments  in
23        writing," approved March 18, 1874, as  amended;  on  days
24        which  are holidays in his religion or faith, and on days
25        which are holidays according to the custom of  his  trade
26        or  occupation,  if  his failure to work on such day is a
27        result of the holiday.   In  determining  the  claimant's
28        eligibility  for  benefits and the amount to be paid him,
29        with respect to the week in which such holiday occurs, he
30        shall have attributed to him as additional  earnings  for
31        that  week  an  amount  equal  to one-fifth of his weekly
32        benefit amount for each normal work day on which he  does
33        not   work  because  of  a  holiday  of  the  type  above
34        enumerated.
 
SB858 Enrolled             -3-                 LRB9201212RCcd
 1             3.  An individual shall be  deemed  unavailable  for
 2        work  if,  after  his  separation  from  his  most recent
 3        employing unit, he has removed himself to and remains  in
 4        a locality where opportunities for work are substantially
 5        less favorable than those in the locality he has left.
 6             4.  An  individual  shall  be deemed unavailable for
 7        work with respect to any week which occurs  in  a  period
 8        when  his  principal  occupation  is that of a student in
 9        attendance at, or on vacation from, a public  or  private
10        school.
11             5.  Notwithstanding  any  other  provisions  of this
12        Act, an individual shall not be  deemed  unavailable  for
13        work  or  to have failed actively to seek work, nor shall
14        he  be  ineligible  for  benefits  by   reason   of   the
15        application  of  the  provisions  of  Section  603,  with
16        respect  to any week, because he is enrolled in and is in
17        regular attendance at a training course approved for  him
18        by the Director:
19                  (a)  but  only  if,  with respect to that week,
20             the individual presents, upon request, to the claims
21             adjudicator referred to in Section 702  a  statement
22             executed  by a responsible person connected with the
23             training course, certifying that the individual  was
24             in  full-time  attendance  at such course during the
25             week.  The Director may approve such course  for  an
26             individual only if he finds that (1) reasonable work
27             opportunities  for which the individual is fitted by
28             training  and  experience  do  not  exist   in   his
29             locality;  (2)  the  training  course  relates to an
30             occupation or skill for  which  there  are,  or  are
31             expected  to  be in the immediate future, reasonable
32             work opportunities in his locality; (3) the training
33             course  is  offered  by  a  competent  and  reliable
34             agency, educational institution, or employing  unit;
 
SB858 Enrolled             -4-                 LRB9201212RCcd
 1             (4)  the  individual has the required qualifications
 2             and aptitudes to complete the  course  successfully;
 3             and  (5)  the individual is not receiving and is not
 4             eligible (other than because he has claimed benefits
 5             under this Act) for subsistence payments or  similar
 6             assistance  under  any  public or private retraining
 7             program:  Provided,  that  the  Director  shall  not
 8             disapprove  such  course  solely by reason of clause
 9             (5) if the subsistence payment or similar assistance
10             is subject to reduction by an amount  equal  to  any
11             benefits payable to the individual under this Act in
12             the  absence  of  the  clause.  In the event that an
13             individual's   weekly   unemployment    compensation
14             benefit   is   less   than  his  certified  training
15             allowance, that person shall be eligible to  receive
16             his  entire unemployment compensation benefits, plus
17             such supplemental  training  allowances  that  would
18             make  an  applicant's total weekly benefit identical
19             to the original certified training allowance.
20                  (b)  The Director shall have the  authority  to
21             grant  approval  pursuant  to subparagraph (a) above
22             prior to an individual's  formal  admission  into  a
23             training  course. Requests for approval shall not be
24             made more than 30 days prior to the actual  starting
25             date  of  such course. Requests shall be made at the
26             appropriate unemployment office. Notwithstanding any
27             other provision to the contrary, the Director  shall
28             approve  a course for an individual if the course is
29             provided to the individual under Title  III  of  the
30             federal Job Training Partnership Act.
31                  (c)  The   Director   shall   for  purposes  of
32             paragraph C have the authority to  issue  a  blanket
33             approval  of  training programs implemented pursuant
34             to the federal  Workforce  Investment  Act  of  1998
 
SB858 Enrolled             -5-                 LRB9201212RCcd
 1             Comprehensive  Employment  and  Training Act and the
 2             Job Training Partnership Act if  both  the  training
 3             program   and   the  criteria  for  an  individual's
 4             participation in such training meet the requirements
 5             of this paragraph C.
 6                  (d)  Notwithstanding   the   requirements    of
 7             subparagraph   (a),  the  Director  shall  have  the
 8             authority to  issue  blanket  approval  of  training
 9             programs implemented under the terms of a collective
10             bargaining agreement.
11             6.  Notwithstanding  any  other  provisions  of this
12        Act, an individual shall not be  deemed  unavailable  for
13        work  or  to have failed actively to seek work, nor shall
14        he  be  ineligible  for  benefits,  by  reason   of   the
15        application of the provisions of Section 603 with respect
16        to  any  week  because  he  is in training approved under
17        Section 236 (a)(1) of the federal Trade Act of 1974,  nor
18        shall  an individual be ineligible for benefits under the
19        provisions of Section  601  by  reason  of  leaving  work
20        voluntarily  to  enter  such training if the work left is
21        not of a substantially equal or higher skill  level  than
22        the  individual's  past  adversely affected employment as
23        defined under the federal Trade Act of 1974 and the wages
24        for such work are less than 80%  of  his  average  weekly
25        wage as determined under the federal Trade Act of 1974.
26        D.  If  his  benefit year begins prior to July 6, 1975 or
27    subsequent to January 2, 1982, he has been unemployed  for  a
28    waiting  period  of  1  week during such benefit year. If his
29    benefit year begins on or after July 6, l975,  but  prior  to
30    January 3, 1982, and his unemployment continues for more than
31    three  weeks  during  such benefit year, he shall be eligible
32    for benefits with respect to each week of such  unemployment,
33    including  the  first  week thereof.   An individual shall be
34    deemed to be unemployed within the meaning of this subsection
 
SB858 Enrolled             -6-                 LRB9201212RCcd
 1    while  receiving  public  assistance  as   remuneration   for
 2    services  performed on work projects financed from funds made
 3    available to governmental agencies for such purpose.  No week
 4    shall be counted as a week of unemployment for  the  purposes
 5    of this subsection:
 6             1.  Unless  it  occurs within the benefit year which
 7        includes the week with respect to which he claims payment
 8        of benefits, provided that, for benefit  years  beginning
 9        prior  to  January  3,  1982,  this requirement shall not
10        interrupt the payment of benefits for  consecutive  weeks
11        of  unemployment;  and  provided  further  that  the week
12        immediately preceding a benefit  year,  if  part  of  one
13        uninterrupted period of unemployment which continues into
14        such  benefit  year,  shall be deemed (for the purpose of
15        this subsection only and with respect  to  benefit  years
16        beginning  prior  to  January 3, 1982, only) to be within
17        such benefit  year,  as  well  as  within  the  preceding
18        benefit  year, if the unemployed individual would, except
19        for the provisions of the first paragraph and paragraph 1
20        of this subsection and of Section 605,  be  eligible  for
21        and entitled to benefits for such week.
22             2.  If benefits have been paid with respect thereto.
23             3.  Unless  the individual was eligible for benefits
24        with respect thereto except for the requirements of  this
25        subsection and of Section 605.
26        E.  With  respect  to any benefit year beginning prior to
27    January 3, 1982, he has been  paid  during  his  base  period
28    wages  for insured work not less than the amount specified in
29    Section 500E of this Act as amended and in effect on  October
30    5,  1980.  With  respect  to any benefit year beginning on or
31    after January 3, 1982, he  has  been  paid  during  his  base
32    period  wages for insured work equal to not less than $1,600,
33    provided that he has been paid wages for insured  work  equal
34    to  at  least  $440 during that part of his base period which
 
SB858 Enrolled             -7-                 LRB9201212RCcd
 1    does not include the calendar quarter in which the wages paid
 2    to him were highest.
 3        F.  During that week he has participated in  reemployment
 4    services  to  which  he  has been referred, including but not
 5    limited to job search  assistance  services,  pursuant  to  a
 6    profiling  system  established  by  the  Director  by rule in
 7    conformity with  Section  303(j)(1)  of  the  federal  Social
 8    Security Act, unless the Director determines that:
 9             1.  the individual has completed such services; or
10             2.  there  is  justifiable  cause for the claimant's
11        failure to participate in such services.
12        This subsection F is added by this amendatory Act of 1995
13    to clarify authority already provided under subsections A and
14    C in connection  with  the  unemployment  insurance  claimant
15    profiling  system  required  under  subsections  (a)(10)  and
16    (j)(1) of Section 303 of the federal Social Security Act as a
17    condition  of  federal  funding for the administration of the
18    Unemployment Insurance Act.
19    (Source: P.A. 89-21, eff. 6-6-95; 90-554, eff. 12-12-97.)

20        (820 ILCS 405/703) (from Ch. 48, par. 453)
21        Sec. 703. Reconsideration of findings or determinations.
22        The claims adjudicator may reconsider his finding at  any
23    time  within  thirteen  weeks  after the close of the benefit
24    year. He may reconsider his determination at any time  within
25    one  year  after  the  last  day  of  the  week for which the
26    determination was made, except that if the issue  is  whether
27    or   not,  by  reason  of  a  back  pay  award  made  by  any
28    governmental agency or pursuant to  arbitration  proceedings,
29    or  by reason of a payment of wages wrongfully withheld by an
30    employing unit, an individual has received wages for  a  week
31    with  respect  to which he or she has received benefits or if
32    the issue is  whether  or  not  the  claimant  misstated  his
33    earnings for the week, such reconsidered determination may be
 
SB858 Enrolled             -8-                 LRB9201212RCcd
 1    made at any time within 3 two years after the last day of the
 2    week.  No  finding  or determination shall be reconsidered at
 3    any time after appeal therefrom has been  taken  pursuant  to
 4    the  provisions  of Section 800, except where a case has been
 5    remanded to the claims adjudicator by a Referee, the Director
 6    or the Board of Review, and except, further, that if an issue
 7    as to whether or not the claimant misstated his  earnings  is
 8    newly discovered, the determination may be reconsidered after
 9    and  notwithstanding  the  fact  that  the  decision upon the
10    appeal  has  become  final.  Notice  of   such   reconsidered
11    determination or reconsidered finding shall be promptly given
12    to   the   parties   entitled   to  notice  of  the  original
13    determination or finding, as the case may  be,  in  the  same
14    manner  as  is  prescribed  therefor,  and  such reconsidered
15    determination or reconsidered finding  shall  be  subject  to
16    appeal  in the same manner and shall be given the same effect
17    as is provided for an original determination or finding.
18    (Source: P.A. 77-1443.)

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