| ||||
Public Act 101-0633 | ||||
| ||||
| ||||
AN ACT concerning employment.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Works Jobs Program Act is amended | ||||
by changing Section 20-25 as follows: | ||||
(30 ILCS 559/20-25)
| ||||
Sec. 20-25. The Illinois Works Review Panel. | ||||
(a) The Illinois Works Review Panel is created and shall be | ||||
comprised of 25 members, each serving 3-year terms. The Speaker | ||||
of the House of Representatives and the President of the Senate | ||||
shall each appoint 5 members within 30 days after the effective | ||||
date of this amendatory Act of the 101st General Assembly . The | ||||
Minority Leader of the House of Representatives and the | ||||
Minority Leader of the Senate shall each appoint 5 members | ||||
within 30 days after the effective date of this amendatory Act | ||||
of the 101st General Assembly . The Director of Commerce and | ||||
Economic Opportunity, or his or her designee, shall serve as a | ||||
member. The Governor shall appoint the following individuals to | ||||
serve as members within 30 days after the effective date of | ||||
this amendatory Act of the 101st General Assembly : a | ||||
representative from a contractor organization; a | ||||
representative from a labor organization; and 2 members of the | ||||
public with workforce development expertise, one of whom shall |
be a representative of a nonprofit organization that addresses | ||
workforce development. | ||
(b) The members of the Illinois Works Review Panel shall | ||
make recommendations to the Department regarding | ||
identification and evaluation of community-based | ||
organizations. | ||
(c) The Illinois Works Review Panel shall meet, at least | ||
quarterly, to review and evaluate (i) the Illinois Works | ||
Preapprenticeship Program and the Illinois Works | ||
Apprenticeship Initiative, (ii) ideas to diversify the trainee | ||
corps in the Illinois Works Preapprenticeship Program and the | ||
workforce in the construction industry in Illinois, (iii) ideas | ||
to increase diversity in active apprenticeship programs in | ||
Illinois, and (iv) workforce demographic data collected by the | ||
Illinois Department of Labor. The Illinois Works Review Panel | ||
shall hold its initial meeting no later than 45 days after the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly. | ||
(d) All State contracts and grant agreements funding State | ||
contracts shall include a requirement that the contractor and | ||
subcontractor shall, upon reasonable notice, appear before and | ||
respond to requests for information from the Illinois Works | ||
Review Panel. | ||
(e) By August 1, 2020, and every August 1 thereafter, the | ||
Illinois Works Review Panel shall report to the General | ||
Assembly on its evaluation of the Illinois Works |
Preapprenticeship Program and the Illinois Works | ||
Apprenticeship Initiative, including any recommended | ||
modifications.
| ||
(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.) | ||
Section 10. The Illinois Pension Code is amended by | ||
changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
| ||
(40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
| ||
Sec. 5-144. Death from injury in the performance of acts of | ||
duty;
compensation annuity and supplemental annuity. | ||
(a) Beginning January 1, 1986, and without regard to | ||
whether or not the
annuity in question began before that date, | ||
if the annuity for the widow of a
policeman whose death, on or | ||
after January 1, 1940, results from injury
incurred in the | ||
performance of an act or acts of duty, is not equal to the sum
| ||
hereinafter stated, "compensation annuity" equal to the | ||
difference between the
annuity and an amount equal to 75% of | ||
the policeman's salary attached to the
position he held by | ||
certification and appointment as a result of competitive
civil | ||
service examination that would ordinarily have been paid to him | ||
as though
he were in active discharge of his duties shall be | ||
payable to the widow until
the policeman, had he lived, would | ||
have attained age 63. The total amount of
the widow's annuity | ||
and children's awards payable to the family of such
policeman | ||
shall not exceed the amounts stated in Section 5-152.
|
For the purposes of this Section only, the death of any | ||
policeman as a result of the exposure to and contraction of | ||
COVID-19, as evidenced by either (i) a confirmed positive | ||
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | ||
confirmed diagnosis of COVID-19 from a licensed medical | ||
professional, shall be rebuttably presumed to have been | ||
contracted while in the performance of an act or acts of duty | ||
and the policeman shall be rebuttably presumed to have been | ||
fatally injured while in active service. The presumption shall | ||
apply to any policeman who was exposed to and contracted | ||
COVID-19 on or after March 9, 2020 and on or before December | ||
31, 2020; except that the presumption shall not apply if the | ||
policeman was on a leave of absence from his or her employment | ||
or otherwise not required to report for duty for a period of 14 | ||
or more consecutive days immediately prior to the date of | ||
contraction of COVID-19. For the purposes of determining when a | ||
policeman contracted COVID-19 under this paragraph, the date of | ||
contraction is either the date that the policeman was diagnosed | ||
with COVID-19 or was unable to work due to symptoms that were | ||
later diagnosed as COVID-19, whichever occurred first. | ||
The provisions of this Section, as amended by Public Act | ||
84-1104, including
the reference to the date upon which the | ||
deceased policeman would have attained
age 63, shall apply to | ||
all widows of policemen whose death occurs on or after
January | ||
1, 1940 due to injury incurred in the performance of an act of | ||
duty,
regardless of whether such death occurred prior to |
September 17, 1969. For
those widows of policemen that died | ||
prior to September 17, 1969, who became
eligible for | ||
compensation annuity by the action of Public Act 84-1104, such
| ||
compensation annuity shall begin and be calculated from January | ||
1, 1986. The
provisions of this amendatory Act of 1987 are | ||
intended to restate and clarify
the intent of Public Act | ||
84-1104, and do not make any substantive change.
| ||
(b) Upon termination of the compensation annuity, | ||
"supplemental annuity"
shall become payable to the widow, equal | ||
to the difference between the annuity
for the widow and an | ||
amount equal to 75% of the annual salary
(including all salary | ||
increases and longevity raises) that the policeman would
have | ||
been receiving when he attained age 63 if the policeman had | ||
continued in
service at the same rank (whether career service | ||
or exempt) that he last held
in the police department. The | ||
increase in supplemental annuity resulting from
this | ||
amendatory Act of the 92nd General Assembly applies without
| ||
regard to whether the deceased policeman was in service on or | ||
after the
effective date of this amendatory Act and is payable | ||
from July 1, 2002 or the
date upon which the supplemental | ||
annuity begins,
whichever is later.
| ||
(c) Neither compensation nor supplemental annuity shall be | ||
paid unless the
death of the policeman was a direct result of | ||
the injury, or the injury was
of such character as to prevent | ||
him from subsequently resuming service as a
policeman; nor | ||
shall compensation or supplemental annuity be paid unless the
|
widow was the wife of the policeman when the injury occurred.
| ||
(Source: P.A. 92-599, eff. 6-28-02.)
| ||
(40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
| ||
Sec. 5-153. Death benefit. | ||
(a) Effective January 1, 1962, an ordinary death benefit is | ||
payable
on account of any policeman in service and in receipt | ||
of salary on or
after such date, which benefit is in addition | ||
to all other annuities and
benefits herein provided. This | ||
benefit is payable upon death of a
policeman:
| ||
(1) occurring in active service while in receipt of | ||
salary;
| ||
(2) on an authorized and approved leave of absence, | ||
without salary,
beginning on or after January 1, 1962, if | ||
the death occurs within 60
days from the date the employee | ||
was in receipt of salary; or otherwise
in the service and | ||
not separated by resignation or discharge beginning
| ||
January 1, 1962 if death occurs before his resignation or | ||
discharge from
the service;
| ||
(3) receiving duty disability or ordinary disability | ||
benefit;
| ||
(4) occurring within 60 days from the date of | ||
termination of duty
disability or ordinary disability | ||
benefit payments if re-entry into
service had not occurred; | ||
or
| ||
(5) occurring on retirement and while in receipt of an |
age and
service annuity, Tier 2 monthly retirement annuity, | ||
or prior service annuity; provided (a) retirement on such
| ||
annuity occurred on or after January 1, 1962, and (b) such | ||
separation
from service was effective on or after the | ||
policeman's attainment of age
50, and (c) application for | ||
such annuity was made within 60 days after
separation from | ||
service.
| ||
(b) The ordinary death benefit is payable to such | ||
beneficiary or
beneficiaries as the policeman has nominated by | ||
written direction duly
signed and acknowledged before an | ||
officer authorized to take
acknowledgments, and filed with the | ||
board. If no such written direction
has been filed or if the | ||
designated beneficiaries do not survive the
policeman, payment | ||
of the benefit shall be made to his estate.
| ||
(c) Until December 31, 1977, if death occurs prior to | ||
retirement on annuity
and before the
policeman's attainment of | ||
age 50, the amount of the benefit payable is
$6,000. If death | ||
occurs prior to retirement, at age 50 or over, the
benefit of | ||
$6,000 shall be reduced $400 for each year (commencing on the
| ||
policeman's attainment of age 50, and thereafter on each | ||
succeeding
birthdate) that the policeman's age, at date of | ||
death, is more than age
50, but in no event below the amount of | ||
$2,000. However, if death
results from injury incurred in the | ||
performance of an act or acts of
duty, prior to retirement on | ||
annuity, the amount of the benefit payable
is $6,000 | ||
notwithstanding the age attained.
|
Until December 31, 1977, if the policeman's death occurs | ||
while he is in
receipt of an annuity,
the benefit is $2,000 if | ||
retirement was effective upon attainment of age
55 or greater. | ||
If the policeman retired at age 50 or over and before age
55, | ||
the benefit of $2,000 shall be reduced $100 for each year or
| ||
fraction of a year that the policeman's age at retirement was | ||
less than
age 55 to a minimum payment of $1,500.
| ||
After December 31, 1977, and on or before January 1, 1986, | ||
if death
occurs prior to retirement on annuity
and before the | ||
policeman's attainment of age 50, the amount of the benefit
| ||
payable is $7,000. If death occurs prior to retirement, at age | ||
50 or over,
the benefit of $7,000 shall be reduced $400 for | ||
each year (commencing on
the policeman's attainment of age 50, | ||
and thereafter on each succeeding
birthdate) that the | ||
policeman's age, at date of death, is more than age
50, but in | ||
no event below the amount of $3,000. However, if death results
| ||
from injury incurred in the performance of an act or acts of | ||
duty, prior
to retirement on annuity, the amount of the benefit | ||
payable is $7,000 notwithstanding
the age attained.
| ||
After December 31, 1977, and on or before January 1, 1986, | ||
if the
policeman's death occurs while he is in
receipt of an | ||
annuity, the benefit is $2,250 if retirement was effective
upon | ||
attainment of age 55 or greater. If the policeman retired at | ||
age 50
or over and before age 55, the benefit of $2,250 shall | ||
be reduced $100 for
each year or fraction of a year that the | ||
policeman's age at retirement was
less than age 55 to a minimum |
payment of $1,750.
| ||
After January 1, 1986, if death occurs prior to retirement | ||
on annuity and
before the policeman's attainment of age 50, the | ||
amount of benefit payable
is $12,000. If death occurs prior to | ||
retirement, at age 50 or over, the
benefit of $12,000 shall be | ||
reduced $400 for each year (commencing on the
policeman's | ||
attainment of age 50, and thereafter on each succeeding
| ||
birthdate) that the policeman's age, at date of death, is more | ||
than age 50,
but in no event below the amount of $6,000. | ||
However, if death results from
injury in the performance of an | ||
act or acts of duty, prior to retirement on
annuity, the amount | ||
of benefit payable is $12,000 notwithstanding the age attained.
| ||
After January 1, 1986, if the policeman's death occurs | ||
while he is in
receipt of an annuity, the benefit is $6,000.
| ||
(d) For the purposes of this Section only, the death of any | ||
policeman as a result of the exposure to and contraction of | ||
COVID-19, as evidenced by either (i) a confirmed positive | ||
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | ||
confirmed diagnosis of COVID-19 from a licensed medical | ||
professional, shall be rebuttably presumed to have been | ||
contracted while in the performance of an act or acts of duty | ||
and the policeman shall be rebuttably presumed to have been | ||
fatally injured while in active service. The presumption shall | ||
apply to any policeman who was exposed to and contracted | ||
COVID-19 on or after March 9, 2020 and on or before December | ||
31, 2020; except that the presumption shall not apply if the |
policeman was on a leave of absence from his or her employment | ||
or otherwise not required to report for duty for a period of 14 | ||
or more consecutive days immediately prior to the date of | ||
contraction of COVID-19. For the purposes of determining when a | ||
policeman contracted COVID-19 under this subsection, the date | ||
of contraction is either the date that the policeman was | ||
diagnosed with COVID-19 or was unable to work due to symptoms | ||
that were later diagnosed as COVID-19, whichever occurred | ||
first. | ||
(Source: P.A. 99-905, eff. 11-29-16.)
| ||
(40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
| ||
Sec. 6-140. Death in the line of duty.
| ||
(a) The annuity for the widow of a fireman whose death | ||
results from
the performance of an act or acts of duty shall be | ||
an amount equal to 50% of
the current annual salary attached to | ||
the classified position to which the
fireman was certified at | ||
the time of his death and 75% thereof after
December 31, 1972.
| ||
Unless the performance of an act or acts of duty results | ||
directly in the
death of the fireman, or prevents him from | ||
subsequently resuming active
service in the fire department, | ||
the annuity herein provided shall not be
paid; nor shall such | ||
annuities be paid unless the widow was the wife of the
fireman | ||
at the time of the act or acts of duty which resulted in his | ||
death.
| ||
For the purposes of this Section only, the death of any |
fireman as a result of the exposure to and contraction of | ||
COVID-19, as evidenced by either (i) a confirmed positive | ||
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | ||
confirmed diagnosis of COVID-19 from a licensed medical | ||
professional, shall be rebuttably presumed to have been | ||
contracted while in the performance of an act or acts of duty | ||
and the fireman shall be rebuttably presumed to have been | ||
fatally injured while in active service. The presumption shall | ||
apply to any fireman who was exposed to and contracted COVID-19 | ||
on or after March 9, 2020 and on or before December 31, 2020; | ||
except that the presumption shall not apply if the fireman was | ||
on a leave of absence from his or her employment or otherwise | ||
not required to report for duty for a period of 14 or more | ||
consecutive days immediately prior to the date of contraction | ||
of COVID-19. For the purposes of determining when a fireman | ||
contracted COVID-19 under this paragraph, the date of | ||
contraction is either the date that the fireman was diagnosed | ||
with COVID-19 or was unable to work due to symptoms that were | ||
later diagnosed as COVID-19, whichever occurred first. | ||
(b) The changes made to this Section by this amendatory Act | ||
of the 92nd
General Assembly apply without regard to whether | ||
the deceased fireman was in
service on or after the effective | ||
date of this amendatory Act. In the case of
a widow receiving | ||
an annuity under this Section that has been reduced to 40%
of | ||
current salary because the fireman, had he lived, would have | ||
attained the
age prescribed for compulsory retirement, the |
annuity shall be restored to the
amount provided in subsection | ||
(a), with the increase beginning to accrue on
the later of | ||
January 1, 2001 or the day the annuity first became payable.
| ||
(Source: P.A. 92-50, eff. 7-12-01.)
| ||
(40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
| ||
Sec. 6-150. Death benefit. | ||
(a) Effective January 1, 1962, an ordinary death benefit | ||
shall
be payable on account of any fireman in service and in | ||
receipt of salary on
or after such date, which benefit shall be | ||
in addition to all other
annuities and benefits herein | ||
provided. This benefit shall be payable upon
death of a | ||
fireman:
| ||
(1) occurring in active service while in receipt of | ||
salary;
| ||
(2) on an authorized and approved leave of absence, | ||
without salary,
beginning on or after January 1, 1962, if | ||
the death occurs within 60 days
from the date the fireman | ||
was in receipt of salary;
| ||
(3) receiving duty, occupational disease, or ordinary | ||
disability
benefit;
| ||
(4) occurring within 60 days from the date of | ||
termination of duty
disability, occupational disease | ||
disability or ordinary disability benefit
payments if | ||
re-entry into service had not occurred; or
| ||
(5) occurring on retirement and while in receipt of an |
age and service annuity,
prior service annuity, Tier 2 | ||
monthly retirement annuity, or minimum annuity; provided | ||
(a) retirement on such
annuity occurred on or after January | ||
1, 1962, and (b) such separation from
service was effective | ||
on or after the fireman's attainment of age 50, and
(c) | ||
application for such annuity was made within 60 days after | ||
separation
from service.
| ||
(b) The ordinary death benefit shall be payable to such | ||
beneficiary or
beneficiaries as the fireman has nominated by | ||
written direction duly signed
and acknowledged before an | ||
officer authorized to take acknowledgments, and
filed with the | ||
board. If no such written direction has been filed or if the
| ||
designated beneficiaries do not survive the fireman, payment of | ||
the benefit
shall be made to his estate.
| ||
(c) Beginning July 1, 1983, if death occurs prior to | ||
retirement on
annuity and before the
fireman's attainment of | ||
age 50, the amount of the benefit payable shall be
$12,000. | ||
Beginning July 1, 1983, if death occurs prior
to retirement, at | ||
age 50 or over, the benefit
of $12,000 shall be reduced $400 | ||
for each year
(commencing on the fireman's
attainment of age 50 | ||
and thereafter on each succeeding birth date) that the
| ||
fireman's age, at date of death, is more than age 49, but in no | ||
event below
the amount of $6,000.
| ||
Beginning July 1, 1983, if the fireman's death occurs while | ||
he is in
receipt of an annuity, the
benefit shall be $6,000.
| ||
(d) For the purposes of this Section only, the death of any |
fireman as a result of the exposure to and contraction of | ||
COVID-19, as evidenced by either (i) a confirmed positive | ||
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a | ||
confirmed diagnosis of COVID-19 from a licensed medical | ||
professional, shall be rebuttably presumed to have been | ||
contracted while in the performance of an act or acts of duty | ||
and the fireman shall be rebuttably presumed to have been | ||
fatally injured while in active service. The presumption shall | ||
apply to any fireman who was exposed to and contracted COVID-19 | ||
on or after March 9, 2020 and on or before December 31, 2020; | ||
except that the presumption shall not apply if the fireman was | ||
on a leave of absence from his or her employment or otherwise | ||
not required to report for duty for a period of 14 or more | ||
consecutive days immediately prior to the date of contraction | ||
of COVID-19. For the purposes of determining when a fireman | ||
contracted COVID-19 under this subsection, the date of | ||
contraction is either the date that the fireman was diagnosed | ||
with COVID-19 or was unable to work due to symptoms that were | ||
later diagnosed as COVID-19, whichever occurred first. | ||
(Source: P.A. 99-905, eff. 11-29-16.)
| ||
Section 15. The Workers' Occupational Diseases Act is | ||
amended by changing Section 1 as follows:
| ||
(820 ILCS 310/1) (from Ch. 48, par. 172.36)
| ||
Sec. 1. This Act shall be known and may be cited as the |
"Workers'
Occupational Diseases Act".
| ||
(a) The term "employer" as used in this Act shall be | ||
construed to
be:
| ||
1. The State and each county, city, town, township, | ||
incorporated
village, school district, body politic, or | ||
municipal corporation
therein.
| ||
2. Every person, firm, public or private corporation, | ||
including
hospitals, public service, eleemosynary, | ||
religious or charitable
corporations or associations, who | ||
has any person in service or under any
contract for hire, | ||
express or implied, oral or written.
| ||
3. Where an employer operating under and subject to the | ||
provisions
of this Act loans an employee to another such | ||
employer and such loaned
employee sustains a compensable | ||
occupational disease in the employment
of such borrowing | ||
employer and where such borrowing employer does not
provide | ||
or pay the benefits or payments due such employee, such | ||
loaning
employer shall be liable to provide or pay all | ||
benefits or payments due
such employee under this Act and | ||
as to such employee the liability of
such loaning and | ||
borrowing employers shall be joint and several,
provided | ||
that such loaning employer shall in the absence of | ||
agreement to
the contrary be entitled to receive from such | ||
borrowing employer full
reimbursement for all sums paid or | ||
incurred pursuant to this paragraph
together with | ||
reasonable attorneys' fees and expenses in any hearings
|
before the Illinois Workers' Compensation Commission or in | ||
any action to secure such
reimbursement. Where any benefit | ||
is provided or paid by such loaning
employer, the employee | ||
shall have the duty of rendering reasonable
co-operation in | ||
any hearings, trials or proceedings in the case,
including | ||
such proceedings for reimbursement.
| ||
Where an employee files an Application for Adjustment | ||
of Claim with
the Illinois Workers' Compensation | ||
Commission alleging that his or her claim is covered by
the | ||
provisions of the preceding paragraph, and joining both the | ||
alleged
loaning and borrowing employers, they and each of | ||
them, upon written
demand by the employee and within 7 days | ||
after receipt of such demand,
shall have the duty of filing | ||
with the Illinois Workers' Compensation Commission a | ||
written
admission or denial of the allegation that the | ||
claim is covered by the
provisions of the preceding | ||
paragraph and in default of such filing or
if any such | ||
denial be ultimately determined not to have been bona fide
| ||
then the provisions of Paragraph K of Section 19 of this | ||
Act shall
apply.
| ||
An employer whose business or enterprise or a | ||
substantial part
thereof consists of hiring, procuring or | ||
furnishing employees to or for
other employers operating | ||
under and subject to the provisions of this
Act for the | ||
performance of the work of such other employers and who | ||
pays
such employees their salary or wage notwithstanding |
that they are doing
the work of such other employers shall | ||
be deemed a loaning employer
within the meaning and | ||
provisions of this Section.
| ||
(b) The term "employee" as used in this Act, shall be | ||
construed to
mean:
| ||
1. Every person in the service of the State, county, | ||
city, town,
township, incorporated village or school | ||
district, body politic or
municipal corporation therein, | ||
whether by election, appointment or
contract of hire, | ||
express or implied, oral or written, including any
official | ||
of the State, or of any county, city, town, township,
| ||
incorporated village, school district, body politic or | ||
municipal
corporation therein and except any duly | ||
appointed member of the fire
department in any city whose | ||
population exceeds 500,000 according to the
last Federal or | ||
State census, and except any member of a fire insurance
| ||
patrol maintained by a board of underwriters in this State. | ||
One employed
by a contractor who has contracted with the | ||
State, or a county, city,
town, township, incorporated | ||
village, school district, body politic or
municipal | ||
corporation therein, through its representatives, shall | ||
not be
considered as an employee of the State, county, | ||
city, town, township,
incorporated village, school | ||
district, body politic or municipal
corporation which made | ||
the contract.
| ||
2. Every person in the service of another under any |
contract of
hire, express or implied, oral or written, who | ||
contracts an occupational
disease while working in the | ||
State of Illinois, or who contracts an
occupational disease | ||
while working outside of the State of Illinois but
where | ||
the contract of hire is made within the State of Illinois, | ||
and any
person whose employment is principally localized | ||
within the State of
Illinois, regardless of the place where | ||
the disease was contracted or
place where the contract of | ||
hire was made, including aliens, and minors
who, for the | ||
purpose of this Act, except Section 3 hereof, shall be
| ||
considered the same and have the same power to contract, | ||
receive
payments and give quittances therefor, as adult | ||
employees. An employee
or his or her dependents under this | ||
Act who shall have a cause of action
by reason of an | ||
occupational disease, disablement or death arising out
of | ||
and in the course of his or her employment may elect or | ||
pursue
his or her remedy in the State where the disease was | ||
contracted, or in the
State where the contract of hire is | ||
made, or in the State where the
employment is principally | ||
localized.
| ||
(c) "Commission" means the Illinois Workers' Compensation | ||
Commission created by the
Workers' Compensation Act, approved | ||
July 9, 1951, as amended.
| ||
(d) In this Act the term "Occupational Disease" means a | ||
disease
arising out of and in the course of the employment or | ||
which has become
aggravated and rendered disabling as a result |
of the exposure of the
employment. Such aggravation shall arise | ||
out of a risk peculiar to or
increased by the employment and | ||
not common to the general public.
| ||
A disease shall be deemed to arise out of the employment if | ||
there is
apparent to the rational mind, upon consideration of | ||
all the
circumstances, a causal connection between the | ||
conditions under which
the work is performed and the | ||
occupational disease. The disease need not
to have been | ||
foreseen or expected but after its contraction it must
appear | ||
to have had its origin or aggravation in a risk connected with
| ||
the employment and to have flowed from that source as a | ||
rational
consequence.
| ||
An employee shall be conclusively deemed to have been | ||
exposed to the
hazards of an occupational disease when, for any | ||
length of time however
short, he or she is employed in an | ||
occupation or process in which the
hazard of the disease | ||
exists; provided however, that in a claim of
exposure to atomic | ||
radiation, the fact of such exposure must be verified
by the | ||
records of the central registry of radiation exposure | ||
maintained
by the Department of Public Health or by some other | ||
recognized
governmental agency maintaining records of such | ||
exposures whenever and
to the extent that the records are on | ||
file with the Department of Public
Health or the agency. | ||
Any injury to or disease or death of an employee arising | ||
from the administration of a vaccine, including without | ||
limitation smallpox vaccine, to prepare for, or as a response |
to, a threatened or potential bioterrorist incident to the | ||
employee as part of a voluntary inoculation program in | ||
connection with the person's employment or in connection with | ||
any governmental program or recommendation for the inoculation | ||
of workers in the employee's occupation, geographical area, or | ||
other category that includes the employee is deemed to arise | ||
out of and in the course of the employment for all purposes | ||
under this Act. This paragraph added by Public Act 93-829 is | ||
declarative of existing law and is not a new enactment.
| ||
The employer liable for the compensation in this Act | ||
provided shall
be the employer in whose employment the employee | ||
was last exposed to the
hazard of the occupational disease | ||
claimed upon regardless of the length
of time of such last | ||
exposure, except, in cases of silicosis or
asbestosis, the only | ||
employer liable shall be the last employer in whose
employment | ||
the employee was last exposed during a period of 60 days or
| ||
more after the effective date of this Act, to the hazard of | ||
such
occupational disease, and, in such cases, an exposure | ||
during a period of
less than 60 days, after the effective date | ||
of this Act, shall not be
deemed a last exposure. If a miner | ||
who is suffering or suffered from
pneumoconiosis was employed | ||
for 10 years or more in one or more coal
mines there shall, | ||
effective July 1, 1973 be a rebuttable presumption
that his or | ||
her pneumoconiosis arose out of such employment.
| ||
If a deceased miner was employed for 10 years or more in | ||
one or more
coal mines and died from a respirable disease there |
shall, effective
July 1, 1973, be a rebuttable presumption that | ||
his or her death was due
to pneumoconiosis.
| ||
Any condition or impairment of health of an employee | ||
employed as a
firefighter, emergency medical technician (EMT), | ||
emergency medical technician-intermediate (EMT-I), advanced | ||
emergency medical technician (A-EMT), or paramedic which | ||
results
directly or indirectly from any bloodborne pathogen, | ||
lung or respiratory
disease
or
condition, heart
or vascular | ||
disease or condition, hypertension, tuberculosis, or cancer
| ||
resulting
in any disability (temporary, permanent, total, or | ||
partial) to the employee
shall be rebuttably presumed to arise | ||
out of and in the course of the
employee's firefighting, EMT, | ||
EMT-I, A-EMT, or paramedic employment and, further, shall be
| ||
rebuttably presumed to be causally connected to the hazards or | ||
exposures of
the employment. This presumption shall also apply | ||
to any hernia or hearing
loss suffered by an employee employed | ||
as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, | ||
this presumption shall not apply to any employee who has been | ||
employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for | ||
less than 5 years at the time he or she files an Application | ||
for Adjustment of Claim concerning this condition or impairment | ||
with the Illinois Workers' Compensation Commission. The | ||
rebuttable presumption established under this subsection, | ||
however, does not apply to an emergency medical technician | ||
(EMT), emergency medical technician-intermediate (EMT-I), | ||
advanced emergency medical technician (A-EMT), or paramedic |
employed by a private employer if the employee spends the | ||
preponderance of his or her work time for that employer engaged | ||
in medical transfers between medical care facilities or | ||
non-emergency medical transfers to or from medical care | ||
facilities. The changes made to this subsection by this | ||
amendatory Act of the 98th General Assembly shall be narrowly | ||
construed. The Finding and Decision of the Illinois Workers' | ||
Compensation Commission under only the rebuttable presumption | ||
provision of this paragraph shall not be admissible or be | ||
deemed res judicata in any disability claim under the Illinois | ||
Pension Code arising out of the same medical condition; | ||
however, this sentence makes no change to the law set forth in | ||
Krohe v. City of Bloomington, 204 Ill.2d 392.
| ||
The insurance carrier liable shall be the carrier whose | ||
policy was in
effect covering the employer liable on the last | ||
day of the exposure
rendering such employer liable in | ||
accordance with the provisions of this
Act.
| ||
(e) "Disablement" means an impairment or partial | ||
impairment,
temporary or permanent, in the function of the body | ||
or any of the
members of the body, or the event of becoming | ||
disabled from earning full
wages at the work in which the | ||
employee was engaged when last exposed to
the hazards of the | ||
occupational disease by the employer from whom he or
she claims | ||
compensation, or equal wages in other suitable employment;
and | ||
"disability" means the state of being so incapacitated.
| ||
(f) No compensation shall be payable for or on account of |
any
occupational disease unless disablement, as herein | ||
defined, occurs
within two years after the last day of the last | ||
exposure to the hazards
of the disease, except in cases of | ||
occupational disease caused by
berylliosis or by the inhalation | ||
of silica dust or asbestos dust and, in
such cases, within 3 | ||
years after the last day of the last exposure to
the hazards of | ||
such disease and except in the case of occupational
disease | ||
caused by exposure to radiological materials or equipment, and
| ||
in such case, within 25 years after the last day of last | ||
exposure to the
hazards of such disease.
| ||
(g)(1) In any proceeding before the Commission in which the | ||
employee is a COVID-19 first responder or front-line worker as | ||
defined in this subsection, if the employee's injury or | ||
occupational disease resulted from exposure to and contraction | ||
of COVID-19, the exposure and contraction shall be rebuttably | ||
presumed to have arisen out of and in the course of the | ||
employee's first responder or front-line worker employment and | ||
the injury or occupational disease shall be rebuttably presumed | ||
to be causally connected to the hazards or exposures of the | ||
employee's first responder or front-line worker employment. | ||
(2) The term "COVID-19 first responder or front-line | ||
worker" means: all individuals employed as police, fire | ||
personnel, emergency medical technicians, or paramedics; all | ||
individuals employed and considered as first responders; all | ||
workers for health care providers, including nursing homes and | ||
rehabilitation facilities and home care workers; corrections |
officers; and any individuals employed by essential businesses | ||
and operations as defined in Executive Order 2020-10 dated | ||
March 20, 2020, as long as individuals employed by essential | ||
businesses and operations are required by their employment to | ||
encounter members of the general public or to work in | ||
employment locations of more than 15 employees. For purposes of | ||
this subsection only, an employee's home or place of residence | ||
is not a place of employment, except for home care workers. | ||
(3) The presumption created in this subsection may be | ||
rebutted by evidence, including, but not limited to, the | ||
following: | ||
(A) the employee was working from his or her home, on | ||
leave from his or her employment, or some combination | ||
thereof, for a period of 14 or more consecutive days | ||
immediately prior to the employee's injury, occupational | ||
disease, or period of incapacity resulted from exposure to | ||
COVID-19; or | ||
(B) the employer was engaging in and applying to the | ||
fullest extent possible or enforcing to the best of its | ||
ability industry-specific workplace sanitation, social | ||
distancing, and health and safety practices based on | ||
updated guidance issued by the Centers for Disease Control | ||
and Prevention or Illinois Department of Public Health or | ||
was using a combination of administrative controls, | ||
engineering controls, or personal protective equipment to | ||
reduce the transmission of COVID-19 to all employees for at |
least 14 consecutive days prior to the employee's injury, | ||
occupational disease, or period of incapacity resulting | ||
from exposure to COVID-19. For purposes of this subsection, | ||
"updated" means the guidance in effect at least 14 days | ||
prior to the COVID-19 diagnosis. For purposes of this | ||
subsection, "personal protective equipment" means | ||
industry-specific equipment worn to minimize exposure to | ||
hazards that cause illnesses or serious injuries, which may | ||
result from contact with biological, chemical, | ||
radiological, physical, electrical, mechanical, or other | ||
workplace hazards. "Personal protective equipment" | ||
includes, but is not limited to, items such as face | ||
coverings, gloves, safety glasses, safety face shields, | ||
barriers, shoes, earplugs or muffs, hard hats, | ||
respirators, coveralls, vests, and full body suits; or | ||
(C) the employee was exposed to COVID-19 by an | ||
alternate source. | ||
(4) The rebuttable presumption created in this subsection | ||
applies to all cases tried after the effective date of this | ||
amendatory Act of the 101st General Assembly and in which the | ||
diagnosis of COVID-19 was made on or after March 9, 2020 and on | ||
or before December 31, 2020. | ||
(5) Under no circumstances shall any COVID-19 case increase | ||
or affect any employer's workers' compensation insurance | ||
experience rating or modification, but COVID-19 costs may be | ||
included in determining overall State loss costs. |
(6) In order for the presumption created in this subsection | ||
to apply at trial, for COVID-19 diagnoses occurring on or | ||
before June 15, 2020, an employee must provide a confirmed | ||
medical diagnosis by a licensed medical practitioner or a | ||
positive laboratory test for COVID-19 or for COVID-19 | ||
antibodies; for COVID-19 diagnoses occurring after June 15, | ||
2020, an employee must provide a positive laboratory test for | ||
COVID-19 or for COVID-19 antibodies. | ||
(7) The presumption created in this subsection does not | ||
apply if the employee's place of employment was solely the | ||
employee's home or residence for a period of 14 or more | ||
consecutive days immediately prior to the employee's injury, | ||
occupational disease, or period of incapacity resulted from | ||
exposure to COVID-19. | ||
(8) The date of injury or the beginning of the employee's | ||
occupational disease or period of disability is either the date | ||
that the employee was unable to work due to contraction of | ||
COVID-19 or was unable to work due to symptoms that were later | ||
diagnosed as COVID-19, whichever came first. | ||
(9) An employee who contracts COVID-19, but fails to | ||
establish the rebuttable presumption is not precluded from | ||
filing for compensation under this Act or under the Workers' | ||
Compensation Act. | ||
(10) To qualify for temporary total disability benefits | ||
under the presumption created in this subsection, the employee | ||
must be certified for or recertified for temporary disability. |
(11) An employer is entitled to a credit against any | ||
liability for temporary total disability due to an employee as | ||
a result of the employee contracting COVID-19 for (A) any sick | ||
leave benefits or extended salary benefits paid to the employee | ||
by the employer under Emergency Family Medical Leave Expansion | ||
Act, Emergency Paid Sick Leave Act of the Families First | ||
Coronavirus Response Act, or any other federal law, or (B) any | ||
other credit to which an employer is entitled under the | ||
Workers' Compensation Act. | ||
(Source: P.A. 98-291, eff. 1-1-14; 98-973, eff. 8-15-14.)
| ||
Section 20. The Unemployment Insurance Act is amended by | ||
changing Sections 401, 409, 500, 612, 1505, and 1506.6 and by | ||
adding Section 1502.4 as follows: | ||
(820 ILCS 405/401) (from Ch. 48, par. 401) | ||
Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
| ||
A. With respect to any week beginning in a benefit year | ||
beginning prior to January 4, 2004, an
individual's weekly | ||
benefit amount shall be an amount equal to the weekly
benefit | ||
amount as defined in the provisions of this Act as amended and | ||
in effect on November 18, 2011.
| ||
B. 1.
With respect to any benefit year beginning on or | ||
after January 4, 2004 and
before January 6, 2008, an | ||
individual's weekly benefit amount shall be 48% of
his or her | ||
prior average weekly wage, rounded (if not already a multiple |
of one
dollar) to the next higher dollar; provided, however, | ||
that the weekly benefit
amount cannot exceed the maximum weekly | ||
benefit amount and cannot be less than
$51. Except as otherwise | ||
provided in this Section, with respect to any benefit year | ||
beginning on or after January 6, 2008, an
individual's weekly | ||
benefit amount shall be 47% of his or her prior average
weekly | ||
wage, rounded (if not already a multiple of one dollar) to the | ||
next
higher dollar; provided, however, that the weekly benefit | ||
amount cannot exceed
the maximum weekly benefit amount and | ||
cannot be less than $51.
With respect to any benefit year | ||
beginning in calendar year 2022, an individual's weekly benefit | ||
amount shall be 42.4% 40.6% of his or her prior average weekly | ||
wage, rounded (if not already a multiple of one dollar) to the | ||
next higher dollar; provided, however, that the weekly benefit | ||
amount cannot exceed the maximum weekly benefit amount and | ||
cannot be less than $51.
| ||
2. For the purposes of this subsection:
| ||
An
individual's "prior average weekly wage" means the total | ||
wages for insured
work paid to that individual during the 2 | ||
calendar quarters of his base
period in which such total wages | ||
were highest, divided by 26. If
the quotient is not already a | ||
multiple of one dollar, it shall be
rounded to the nearest | ||
dollar; however if the quotient is equally near
2 multiples of | ||
one dollar, it shall be rounded to the higher multiple of
one | ||
dollar.
| ||
"Determination date" means June 1 and December 1 of each |
calendar year except that, for the purposes
of this Act only, | ||
there shall be no June 1 determination date in any
year.
| ||
"Determination period" means, with respect to each June 1 | ||
determination
date, the 12 consecutive calendar months ending | ||
on the immediately preceding
December 31 and, with respect to | ||
each December 1 determination date, the
12 consecutive calendar | ||
months ending on the immediately preceding June 30.
| ||
"Benefit period" means the 12 consecutive calendar month | ||
period
beginning on the first day of the first calendar month | ||
immediately following
a determination date, except that, with | ||
respect to any calendar year
in which there is a June 1 | ||
determination date, "benefit period" shall mean
the 6 | ||
consecutive calendar month period beginning on the first day of | ||
the first
calendar month immediately following the preceding | ||
December 1 determination
date and the 6 consecutive calendar | ||
month period beginning on the first
day of the first calendar | ||
month immediately following the June 1 determination
date.
| ||
"Gross wages" means all the wages paid to individuals | ||
during the
determination period immediately preceding a | ||
determination date for
insured work, and reported to the | ||
Director by employers prior to the
first day of the third | ||
calendar month preceding that date.
| ||
"Covered employment" for any calendar month means the total | ||
number of
individuals, as determined by the Director, engaged | ||
in insured work at
mid-month.
| ||
"Average monthly covered employment" means one-twelfth of |
the sum of
the covered employment for the 12 months of a | ||
determination period.
| ||
"Statewide average annual wage" means the quotient, | ||
obtained by
dividing gross wages by average monthly covered | ||
employment for the same
determination period, rounded (if not | ||
already a multiple of one cent) to
the nearest cent.
| ||
"Statewide average weekly wage" means the quotient, | ||
obtained by
dividing the statewide average annual wage by 52, | ||
rounded (if not
already a multiple of one cent) to the nearest | ||
cent. Notwithstanding any provision of this Section to the | ||
contrary, the statewide average weekly wage for any benefit | ||
period prior to calendar year 2012 shall be as determined by | ||
the provisions of this Act as amended and in effect on November | ||
18, 2011. Notwithstanding any
provisions of this Section to the | ||
contrary, the statewide average weekly
wage for the benefit | ||
period of calendar year 2012 shall be $856.55 and for each | ||
calendar year
thereafter, the
statewide average weekly wage | ||
shall be the statewide
average weekly wage, as determined in | ||
accordance with
this sentence, for the immediately preceding | ||
benefit
period plus (or minus) an amount equal to the | ||
percentage
change in the statewide average weekly wage, as | ||
computed
in accordance with the first sentence of this | ||
paragraph,
between the 2 immediately preceding benefit | ||
periods,
multiplied by the statewide average weekly wage, as
| ||
determined in accordance with this sentence, for the
| ||
immediately preceding benefit period.
However, for purposes of |
the
Workers'
Compensation Act, the statewide average weekly | ||
wage will be computed
using June 1 and December 1 determination | ||
dates of each calendar year and
such determination shall not be | ||
subject to the limitation of the statewide average weekly wage | ||
as
computed in accordance with the preceding sentence of this
| ||
paragraph.
| ||
With respect to any week beginning in a benefit year | ||
beginning prior to January 4, 2004, "maximum weekly benefit | ||
amount" with respect to each week beginning within a benefit | ||
period shall be as defined in the provisions of this Act as | ||
amended and in effect on November 18, 2011.
| ||
With respect to any benefit year beginning on or after | ||
January 4, 2004 and
before January 6, 2008, "maximum weekly | ||
benefit amount" with respect to each
week beginning within a | ||
benefit period means 48% of the statewide average
weekly wage, | ||
rounded (if not already a multiple of one dollar) to the next
| ||
higher dollar.
| ||
Except as otherwise provided in this Section, with respect | ||
to any benefit year beginning on or after January 6, 2008,
| ||
"maximum weekly benefit amount" with respect to each week | ||
beginning within a
benefit period means 47% of the statewide | ||
average weekly wage, rounded (if not
already a multiple of one | ||
dollar) to the next higher dollar.
| ||
With respect to any benefit year beginning in calendar year | ||
2022, "maximum weekly benefit amount" with respect to each week | ||
beginning within a benefit period means 42.4% 40.6% of the |
statewide average weekly wage, rounded (if not already a | ||
multiple of one dollar) to the next higher dollar. | ||
C. With respect to any week beginning in a benefit year | ||
beginning prior to January 4, 2004, an individual's eligibility | ||
for a dependent allowance with respect to a nonworking spouse | ||
or one or more dependent children shall be as defined by the | ||
provisions of this Act as amended and in effect on November 18, | ||
2011.
| ||
With respect to any benefit year beginning on or after | ||
January 4, 2004 and
before January 6, 2008, an individual to | ||
whom benefits are payable with respect
to any week shall, in | ||
addition to those benefits, be paid, with respect to such
week, | ||
as follows: in the case of an individual with a nonworking | ||
spouse, 9% of
his or her prior average weekly wage, rounded (if | ||
not already a multiple of one
dollar) to the next higher | ||
dollar, provided, that the total amount payable to
the | ||
individual with respect to a week shall not exceed 57% of the | ||
statewide
average weekly wage, rounded (if not already a | ||
multiple of one dollar) to the
next higher dollar; and in the | ||
case of an individual with a dependent child or
dependent | ||
children, 17.2% of his or her prior average weekly wage, | ||
rounded (if
not already a multiple of one dollar) to the next | ||
higher dollar, provided that
the total amount payable to the | ||
individual with respect to a week shall not
exceed 65.2% of the | ||
statewide average weekly wage, rounded (if not already a
| ||
multiple of one dollar) to the next higher dollar.
|
With respect to any benefit year beginning on or after | ||
January 6, 2008 and before January 1, 2010, an
individual to | ||
whom benefits are payable with respect to any week shall, in
| ||
addition to those benefits, be paid, with respect to such week, | ||
as follows: in
the case of an individual with a nonworking | ||
spouse, 9% of his or her prior
average weekly wage, rounded (if | ||
not already a multiple of one dollar) to the
next higher | ||
dollar, provided, that the total amount payable
to the | ||
individual with respect to a week shall not exceed 56% of the | ||
statewide
average weekly wage, rounded (if not already a | ||
multiple of one dollar) to the
next higher dollar; and in the | ||
case of an individual with a dependent child or
dependent | ||
children, 18.2% of his or her prior average weekly wage, | ||
rounded (if
not already a multiple of one dollar) to the next | ||
higher dollar, provided that
the total amount payable to the | ||
individual with respect to a week
shall not exceed 65.2% of the | ||
statewide average weekly wage, rounded (if not
already a | ||
multiple of one dollar) to the next higher dollar. | ||
The additional
amount paid pursuant to this subsection in | ||
the case of an individual with a
dependent child or dependent | ||
children shall be referred to as the "dependent
child | ||
allowance", and the percentage rate by which an individual's | ||
prior average weekly wage is multiplied pursuant to this | ||
subsection to calculate the dependent child allowance shall be | ||
referred to as the "dependent child allowance rate". | ||
Except as otherwise provided in this Section, with respect |
to any benefit year beginning on or after January 1, 2010, an | ||
individual to whom benefits are payable with respect to any | ||
week shall, in addition to those benefits, be paid, with | ||
respect to such week, as follows: in the case of an individual | ||
with a nonworking spouse, the greater of (i) 9% of his or her | ||
prior average weekly wage, rounded (if not already a multiple | ||
of one dollar) to the next higher dollar, or (ii) $15, provided | ||
that the total amount payable to the individual with respect to | ||
a week shall not exceed 56% of the statewide average weekly | ||
wage, rounded (if not already a multiple of one dollar) to the | ||
next higher dollar; and in the case of an individual with a | ||
dependent child or dependent children, the greater of (i) the | ||
product of the dependent child allowance rate multiplied by his | ||
or her prior average weekly wage, rounded (if not already a | ||
multiple of one dollar) to the next higher dollar, or (ii) the | ||
lesser of $50 or 50% of his or her weekly benefit amount, | ||
rounded (if not already a multiple of one dollar) to the next | ||
higher dollar, provided that the total amount payable to the | ||
individual with respect to a week shall not exceed the product | ||
of the statewide average weekly wage multiplied by the sum of | ||
47% plus the dependent child allowance rate, rounded (if not | ||
already a multiple of one dollar) to the next higher dollar. | ||
With respect to any benefit year beginning in calendar year | ||
2022, an individual to whom benefits are payable with respect | ||
to any week shall, in addition to those benefits, be paid, with | ||
respect to such week, as follows: in the case of an individual |
with a nonworking spouse, the greater of (i) 9% of his or her | ||
prior average weekly wage, rounded (if not already a multiple | ||
of one dollar) to the next higher dollar, or (ii) $15, provided | ||
that the total amount payable to the individual with respect to | ||
a week shall not exceed 51.4% 49.6% of the statewide average | ||
weekly wage, rounded (if not already a multiple of one dollar) | ||
to the next higher dollar; and in the case of an individual | ||
with a dependent child or dependent children, the greater of | ||
(i) the product of the dependent child allowance rate | ||
multiplied by his or her prior average weekly wage, rounded (if | ||
not already a multiple of one dollar) to the next higher | ||
dollar, or (ii) the lesser of $50 or 50% of his or her weekly | ||
benefit amount, rounded (if not already a multiple of one | ||
dollar) to the next higher dollar, provided that the total | ||
amount payable to the individual with respect to a week shall | ||
not exceed the product of the statewide average weekly wage | ||
multiplied by the sum of 42.4% 40.6% plus the dependent child | ||
allowance rate, rounded (if not already a multiple of one | ||
dollar) to the next higher dollar. | ||
With respect to each benefit year beginning after calendar | ||
year 2012, the
dependent child allowance rate shall be the sum | ||
of the allowance adjustment
applicable pursuant to Section | ||
1400.1 to the calendar year in which the benefit
year begins, | ||
plus the dependent child
allowance rate with respect to each | ||
benefit year beginning in the immediately
preceding calendar | ||
year, except as otherwise provided in this subsection. The |
dependent
child allowance rate with respect to each benefit | ||
year beginning in calendar year 2010 shall be 17.9%.
The | ||
dependent child allowance rate with respect to each benefit | ||
year beginning in calendar year 2011 shall be 17.4%. The | ||
dependent child allowance rate with respect to each benefit | ||
year beginning in calendar year 2012 shall be 17.0% and, with | ||
respect to each benefit year beginning after calendar year | ||
2012, shall not be less than 17.0% or greater than 17.9%.
| ||
For the purposes of this subsection:
| ||
"Dependent" means a child or a nonworking spouse.
| ||
"Child" means a natural child, stepchild, or adopted child | ||
of an
individual claiming benefits under this Act or a child | ||
who is in the
custody of any such individual by court order, | ||
for whom the individual is
supplying and, for at least 90 | ||
consecutive days (or for the duration of
the parental | ||
relationship if it has existed for less than 90 days)
| ||
immediately preceding any week with respect to which the | ||
individual has
filed a claim, has supplied more than one-half | ||
the cost of support, or
has supplied at least 1/4 of the cost | ||
of support if the individual and
the other parent, together, | ||
are supplying and, during the aforesaid
period, have supplied | ||
more than one-half the cost of support, and are,
and were | ||
during the aforesaid period, members of the same household; and
| ||
who, on the first day of such week (a) is under 18 years of age, | ||
or (b)
is, and has been during the immediately preceding 90 | ||
days, unable to
work because of illness or other disability: |
provided, that no person
who has been determined to be a child | ||
of an individual who has been
allowed benefits with respect to | ||
a week in the individual's benefit
year shall be deemed to be a | ||
child of the other parent, and no other
person shall be | ||
determined to be a child of such other parent, during
the | ||
remainder of that benefit year.
| ||
"Nonworking spouse" means the lawful husband or wife of an | ||
individual
claiming benefits under this Act, for whom more than | ||
one-half the cost
of support has been supplied by the | ||
individual for at least 90
consecutive days (or for the | ||
duration of the marital relationship if it
has existed for less | ||
than 90 days) immediately preceding any week with
respect to | ||
which the individual has filed a claim, but only if the
| ||
nonworking spouse is currently ineligible to receive benefits | ||
under this
Act by reason of the provisions of Section 500E.
| ||
An individual who was obligated by law to provide for the | ||
support of
a child or of a nonworking spouse for the aforesaid | ||
period of 90 consecutive
days, but was prevented by illness or | ||
injury from doing so, shall be deemed
to have provided more | ||
than one-half the cost of supporting the child or
nonworking | ||
spouse for that period.
| ||
(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20 .)
| ||
(820 ILCS 405/409) (from Ch. 48, par. 409)
| ||
Sec. 409. Extended Benefits.
| ||
A. For the purposes of this Section:
|
1. "Extended benefit period" means a period which | ||
begins with
the third week after a week for which there is | ||
a State "on" indicator; and
ends with either of the | ||
following weeks, whichever occurs later: (1) the
third week | ||
after the first week for which there is a
State "off" | ||
indicator, or (2) the thirteenth consecutive week of such
| ||
period. No extended benefit period shall begin by reason of | ||
a State
"on" indicator before the fourteenth week following | ||
the end of a prior
extended benefit period.
| ||
2. There is a "State 'on' indicator" for a week if (a) | ||
the Director
determines, in accordance with the | ||
regulations of the United States
Secretary of Labor or | ||
other appropriate Federal agency, that for the
period | ||
consisting of such week and the immediately preceding | ||
twelve
weeks, the rate of insured unemployment (not | ||
seasonally adjusted) in
this State (1) equaled or exceeded | ||
5%
and equaled or exceeded 120% of the average of such | ||
rates for the corresponding
13-week period ending in each | ||
of the preceding 2 calendar years, or (2)
equaled or | ||
exceeded 6 percent, or (b) the United States Secretary of | ||
Labor determines that (1) the average rate of total | ||
unemployment in this State (seasonally adjusted) for the | ||
period consisting of the most recent 3 months for which | ||
data for all states are published before the close of such | ||
week equals or exceeds 6.5%, and (2) the average rate of | ||
total unemployment in this State (seasonally adjusted) for |
the 3-month period referred to in (1) equals or exceeds | ||
110% of such average rate for either (or both) of the | ||
corresponding 3-month periods ending in the 2 preceding | ||
calendar years. Clause (b) of this paragraph shall only | ||
apply to weeks beginning on or after February 22, 2009, | ||
through the end of the fourth week prior to the last week | ||
for which federal sharing is provided as authorized by | ||
Section 2005(a) of Public Law 111-5 without regard to | ||
Section 2005(c) of Public Law 111-5 and is inoperative as | ||
of the end of the last week for which federal sharing is | ||
provided as authorized by Section 2005(a) of Public Law | ||
111-5 and to weeks beginning on or after March 15, 2020 | ||
through the end of the fourth week prior to the last week | ||
for which federal sharing is provided as authorized by | ||
Section 4105 of Public Law 116-127, or any amendments | ||
thereto, and is inoperative as of the end of the last week | ||
for which federal sharing is provided as authorized by | ||
Section 4105 of Public Law 116-127, or any amendments | ||
thereto .
| ||
2.1. With respect to benefits for weeks of unemployment | ||
beginning after December 17, 2010, and ending on or before | ||
the earlier of the latest date permitted under federal law | ||
or the end of the fourth week prior to the last week for | ||
which federal sharing is provided as authorized by Section | ||
2005(a) of Public Law 111-5 without regard to Section | ||
2005(c) of Public Law 111-5, the determination of whether |
there has been a State "on" indicator pursuant to paragraph | ||
2 shall be made as if, in clause (a) of paragraph 2, the | ||
phrase "2 calendar years" were "3 calendar years" and as | ||
if, in clause (b) of paragraph 2, the word "either" were | ||
"any", the word "both" were "all", and the phrase "2 | ||
preceding calendar years" were "3 preceding calendar | ||
years".
| ||
3. There is a "State 'off' indicator" for a week if | ||
there is not a State 'on' indicator for the week pursuant | ||
to paragraph 2.
| ||
4. "Rate of insured unemployment", for the purpose of | ||
paragraph
2, means the percentage derived by dividing (a) | ||
the average
weekly number of individuals filing claims for | ||
"regular benefits" in
this State for weeks of
unemployment | ||
with respect to the most recent 13 consecutive week period,
| ||
as determined by the Director on the basis of his reports | ||
to the United
States Secretary of Labor or other | ||
appropriate Federal agency, by (b)
the average monthly | ||
employment covered under this Act for the first four
of the | ||
most recent six completed calendar quarters ending before | ||
the
close of such 13-week period.
| ||
5. "Regular benefits" means benefits, other than | ||
extended benefits
and additional benefits, payable to an | ||
individual (including dependents'
allowances) under this | ||
Act or under any other State unemployment
compensation law | ||
(including benefits payable to Federal civilian
employees |
and ex-servicemen pursuant to 5 U.S.C. chapter 85).
| ||
6. "Extended benefits" means benefits (including | ||
benefits payable to
Federal civilian employees and | ||
ex-servicemen pursuant to 5 U.S.C.
chapter 85) payable to | ||
an individual under the provisions of this
Section for | ||
weeks which begin in his eligibility period.
| ||
7. "Additional benefits" means benefits totally | ||
financed by a State
and payable to exhaustees (as defined | ||
in subsection C) by reason of
conditions of high | ||
unemployment or by reason of other specified factors.
If an | ||
individual is eligible to receive extended benefits under | ||
the
provisions of this Section and is eligible to receive | ||
additional
benefits with respect to the same week under the | ||
law of another State,
he may elect to claim either extended | ||
benefits or additional benefits
with respect to the week.
| ||
8. "Eligibility period" means the period consisting of | ||
the weeks in
an individual's benefit year which begin in an | ||
extended benefit period
and, if his benefit year ends | ||
within such extended benefit period, any
weeks thereafter | ||
which begin in such period. An individual's eligibility | ||
period shall also include such other weeks as federal law | ||
may allow.
| ||
9. Notwithstanding any other provision to the | ||
contrary, no employer shall be liable for payments in lieu | ||
of contributions pursuant to Section 1404, by reason of the | ||
payment of extended
benefits which are wholly reimbursed to |
this State by the Federal Government or would have been | ||
wholly reimbursed to this State by the Federal Government | ||
if the employer had paid all of the claimant's wages during | ||
the applicable base period.
Extended benefits shall not | ||
become benefit
charges under Section 1501.1 if they are | ||
wholly reimbursed to this State by the Federal Government | ||
or would have been wholly reimbursed to this State by the | ||
Federal Government if the employer had paid all of the | ||
claimant's wages during the applicable base period. For | ||
purposes of this paragraph, extended benefits will be | ||
considered to be wholly reimbursed by the Federal | ||
Government notwithstanding the operation of Section | ||
204(a)(2)(D) of the Federal-State Extended Unemployment | ||
Compensation Act of 1970.
| ||
B. An individual shall be eligible to receive extended | ||
benefits
pursuant to this Section for any week which begins in | ||
his eligibility
period if, with respect to such week (1) he has | ||
been paid wages for insured
work during his base period equal | ||
to at least 1 1/2 times the wages paid
in that calendar quarter | ||
of his base period in which such wages were highest; (2) he has | ||
met the requirements of Section 500E
of this Act; (3) he is an | ||
exhaustee; and (4) except when the result
would be inconsistent | ||
with the provisions of this
Section, he has satisfied the | ||
requirements of this Act for the receipt
of regular benefits.
| ||
C. An individual is an exhaustee with respect to a week | ||
which begins
in his eligibility period if:
|
1. Prior to such week (a) he has received, with respect | ||
to his
current benefit year that includes such week, the | ||
maximum total amount
of benefits to which he was entitled | ||
under the provisions of Section
403B, and all of the | ||
regular benefits (including dependents' allowances)
to | ||
which he had entitlement (if any) on the basis of wages or | ||
employment
under any other State unemployment compensation | ||
law; or (b) he has
received all the regular benefits | ||
available to him with respect to his
current benefit year | ||
that includes such week, under this Act and under
any other | ||
State unemployment compensation law, after a cancellation | ||
of
some or all of his wage credits or the partial or total | ||
reduction of his
regular benefit rights; or (c) his benefit | ||
year terminated, and he
cannot meet the qualifying wage | ||
requirements of Section 500E of this Act
or the qualifying | ||
wage or employment requirements of any other State
| ||
unemployment compensation law to establish a new benefit | ||
year which
would include such week or, having established a | ||
new benefit year that
includes such week, he is ineligible | ||
for regular benefits by reason of
Section 607 of this Act | ||
or a like provision of any other State
unemployment | ||
compensation law; and
| ||
2. For such week (a) he has no right to benefits or | ||
allowances, as
the case may be, under the Railroad | ||
Unemployment Insurance Act, or such other
Federal laws as | ||
are specified in regulations of the United States
Secretary |
of Labor or other appropriate Federal agency; and (b) he | ||
has
not received and is not seeking benefits under the | ||
unemployment
compensation law of Canada, except that if he
| ||
is seeking such benefits and the appropriate agency finally | ||
determines
that he is not entitled to benefits under such | ||
law, this clause shall
not apply.
| ||
3. For the purposes of clauses (a) and (b) of paragraph | ||
1 of this
subsection, an individual shall be deemed to have | ||
received, with respect
to his current benefit year, the | ||
maximum total amount of benefits to
which he was entitled | ||
or all of the regular benefits to which he had
entitlement, | ||
or all of the regular benefits available to him, as the
| ||
case may be, even though (a) as a result of a pending | ||
reconsideration or
appeal with respect to the "finding" | ||
defined in Section 701, or of a
pending appeal with respect | ||
to wages or employment or both under any
other State | ||
unemployment compensation law, he may subsequently be
| ||
determined to be entitled to more regular benefits; or (b) | ||
by reason of
a seasonality provision in a State | ||
unemployment compensation law which
establishes the weeks | ||
of the year for which regular benefits may be paid
to | ||
individuals on the basis of wages in seasonal employment he | ||
may be
entitled to regular benefits for future weeks but | ||
such benefits are not
payable with respect to the week for | ||
which he is claiming extended
benefits, provided that he is | ||
otherwise an exhaustee under the
provisions of this |
subsection with respect to his rights to regular
benefits, | ||
under such seasonality provision, during the portion of the
| ||
year in which that week occurs; or (c) having established a | ||
benefit
year, no regular benefits are payable to him with | ||
respect to such year
because his wage credits were | ||
cancelled or his rights to regular
benefits were totally | ||
reduced by reason of the application of a
disqualification | ||
provision of a State unemployment compensation law.
| ||
D. 1. The provisions of Section 607 and the waiting period
| ||
requirements of Section 500D shall not be applicable to any | ||
week with
respect to which benefits are otherwise payable | ||
under this Section.
| ||
2. An individual shall not cease to be an exhaustee | ||
with respect to
any week solely because he meets the | ||
qualifying wage requirements of
Section 500E for a part of | ||
such week.
| ||
E. With respect to any week which begins in his eligibility | ||
period,
an exhaustee's "weekly extended benefit amount" shall | ||
be the same as his
weekly benefit amount during his benefit | ||
year which includes such week or, if
such week is not in a | ||
benefit year, during his applicable
benefit year, as defined in | ||
regulations issued by the United States
Secretary of Labor or | ||
other appropriate Federal agency. If the exhaustee
had more | ||
than one weekly benefit amount during
his benefit year, his | ||
weekly extended benefit amount with respect to
such week shall | ||
be the latest of such weekly benefit amounts.
|
F. 1. An eligible exhaustee shall be entitled, during any | ||
eligibility
period, to a maximum total amount of extended | ||
benefits equal to the
lesser of the following amounts , not | ||
including any Federal Pandemic Unemployment Compensation | ||
amounts provided for in Section 2104 of Public Law 116-136 :
| ||
a. Fifty percent of the maximum total amount of | ||
benefits to which he
was entitled under Section 403B during | ||
his applicable benefit year;
| ||
b. Thirteen times his weekly extended benefit amount as | ||
determined
under subsection E; or
| ||
c. Thirty-nine times his or her average weekly extended | ||
benefit amount, reduced by the regular benefits (not | ||
including any dependents' allowances) paid to him or her | ||
during such benefit year. | ||
2. An eligible exhaustee shall be entitled, during a "high | ||
unemployment period", to a maximum total amount of extended | ||
benefits equal to the lesser of the following amounts: | ||
a. Eighty percent of the maximum total amount of | ||
benefits to which he or she was entitled under Section 403B | ||
during his or her applicable benefit year; | ||
b. Twenty times his or her weekly extended benefit | ||
amount as determined under subsection E; or | ||
c. Forty-six times his or her average weekly extended | ||
benefit amount, reduced by the regular benefits (not | ||
including any dependents' allowances) paid to him or her | ||
during such benefit year. |
For purposes of this paragraph, the term "high unemployment | ||
period" means any period during which (i) clause (b) of | ||
paragraph (2) of subsection A is operative and (ii) an extended | ||
benefit period would be in effect if clause (b) of paragraph | ||
(2) of subsection A of this Section were applied by | ||
substituting "8%" for "6.5%".
| ||
3. Notwithstanding paragraphs 1 and 2 of this subsection F, | ||
and if
the benefit year of an individual ends within an | ||
extended benefit period,
the remaining balance of extended | ||
benefits that the individual would, but
for this subsection F, | ||
be otherwise entitled to receive in that extended
benefit | ||
period, for weeks of unemployment beginning after the end of | ||
the
benefit year, shall be reduced (but not below zero) by the | ||
product of the
number of weeks for which the individual | ||
received any amounts as trade
readjustment allowances as | ||
defined in the federal Trade Act of 1974 within
that benefit | ||
year multiplied by his weekly benefit amount for extended
| ||
benefits.
| ||
G. 1. A claims adjudicator shall examine the first claim | ||
filed by
an individual with respect to his eligibility | ||
period and, on the basis
of the information in his | ||
possession, shall make an "extended benefits
finding". | ||
Such finding shall state whether or not the individual has | ||
met
the requirement of subsection B(1), is an
exhaustee | ||
and, if he is, his weekly extended benefit amount and the
| ||
maximum total amount of extended benefits to which he is |
entitled. The
claims adjudicator shall promptly notify the | ||
individual of his "extended
benefits finding", and shall | ||
promptly notify the individual's most
recent employing | ||
unit and the individual's last employer (referred to in | ||
Section
1502.1) that the individual has filed a claim for | ||
extended benefits. The
claims adjudicator may reconsider | ||
his "extended benefits finding" at any time
within one year | ||
after the close of the individual's eligibility period, and
| ||
shall promptly notify the individual of such reconsidered | ||
finding. All of the
provisions of this Act applicable to | ||
reviews from findings or reconsidered
findings made | ||
pursuant to Sections 701 and 703 which are not inconsistent | ||
with
the provisions of this subsection shall be applicable | ||
to reviews from extended
benefits findings and | ||
reconsidered extended benefits findings.
| ||
2. If, pursuant to the reconsideration or appeal with | ||
respect to a
"finding", referred to in paragraph 3 of | ||
subsection C, an exhaustee is
found to be entitled to more | ||
regular benefits and, by reason thereof, is
entitled to | ||
more extended benefits, the claims adjudicator shall make a
| ||
reconsidered extended benefits finding and shall promptly | ||
notify the
exhaustee thereof.
| ||
H. Whenever an extended benefit period is to begin in this | ||
State because
there is a State "on" indicator, or whenever an | ||
extended benefit period is to
end in this State because there | ||
is a State "off" indicator, the Director shall
make an |
appropriate public announcement.
| ||
I. Computations required by the provisions of paragraph 4 | ||
of subsection A
shall be made by the Director in accordance | ||
with regulations prescribed by the
United States Secretary of | ||
Labor, or other appropriate Federal agency.
| ||
J. 1. Interstate Benefit Payment Plan means the plan | ||
approved by
the Interstate Conference of Employment | ||
Security Agencies under which benefits
shall be payable to | ||
unemployed individuals absent from the state (or states)
in | ||
which benefit credits have been accumulated.
| ||
2. An individual who commutes from his state of | ||
residence to work in
another state and continues to reside | ||
in such state of residence while filing
his claim for | ||
unemployment insurance under this Section of the Act shall | ||
not be
considered filing a claim under the Interstate | ||
Benefit Payment Plan so long as
he files his claim in and | ||
continues to report to the employment office under
the | ||
regulations applicable to intrastate claimants in the | ||
state in which he was
so employed.
| ||
3. "State" when used in this subsection includes States | ||
of the United
States of America, the District of Columbia, | ||
Puerto Rico and the Virgin
Islands. For purposes of this | ||
subsection, the term "state" shall also be
construed to | ||
include Canada.
| ||
4. Notwithstanding any other provision of this Act, an | ||
individual shall be eligible for a
maximum of 2 weeks of |
benefits payable under this Section after he files
his | ||
initial claim for extended benefits in an extended benefit | ||
period, as
defined in paragraph 1 of subsection A, under | ||
the Interstate Benefit Payment
Plan unless there also | ||
exists an extended benefit period, as defined in
paragraph | ||
1 of subsection A, in the state where such claim is filed. | ||
Such
maximum eligibility shall continue as long as the | ||
individual continues to
file his claim under the Interstate | ||
Benefit Payment Plan, notwithstanding
that the individual | ||
moves to another state where an extended benefit period
| ||
exists and files for weeks prior to his initial Interstate | ||
claim in that state.
| ||
5. To assure full tax credit to the employers of this | ||
state against the
tax imposed by the Federal Unemployment | ||
Tax Act, the Director shall take
any action or issue any | ||
regulations necessary in the administration of this
| ||
subsection to insure that its provisions are so interpreted | ||
and applied
as to meet the requirements of such Federal Act | ||
as interpreted by the United
States Secretary of Labor or | ||
other appropriate Federal agency.
| ||
K. 1. Notwithstanding any other provisions of this Act, an | ||
individual
shall be ineligible for the payment of extended | ||
benefits for any week of
unemployment in his eligibility | ||
period if the Director finds that during such
period:
| ||
a. he failed to accept any offer of suitable work | ||
(as defined in
paragraph 3 below) or failed to apply |
for any suitable work to which he was
referred by the | ||
Director; or
| ||
b. he failed to actively engage in seeking work as | ||
prescribed under
paragraph 5 below.
| ||
2. Any individual who has been found ineligible for | ||
extended benefits
by reason of the provisions of paragraph | ||
1 of this subsection shall be denied
benefits beginning | ||
with the first day of the week in which such failure
has | ||
occurred and until he has been employed in each of 4 | ||
subsequent weeks
(whether or not consecutive) and has | ||
earned remuneration equal to at least
4 times his weekly | ||
benefit amount.
| ||
3. For purposes of this subsection only, the term | ||
"suitable work" means,
with respect to any individual, any | ||
work which is within such individual's
capabilities, | ||
provided, however, that the gross average weekly | ||
remuneration
payable for the work:
| ||
a. must exceed the sum of (i) the individual's | ||
extended weekly benefit amount as determined under
| ||
subsection E above plus
(ii) the amount, if any, of | ||
supplemental unemployment benefits (as defined
in | ||
Section 501(c)(17)(D) of the Internal Revenue Code of | ||
1954) payable to
such individual for such week; and | ||
further,
| ||
b. is not less than the higher of --
| ||
(i) the minimum wage provided by Section 6 |
(a)(1) of the Fair Labor
Standards Act of 1938, | ||
without regard to any exemption; or
| ||
(ii) the applicable state or local minimum | ||
wage;
| ||
c. provided, however, that no individual shall be | ||
denied extended
benefits for failure to accept an offer | ||
of or apply for any job which meets the
definition of | ||
suitability as described above if:
| ||
(i) the position was not offered to such | ||
individual in writing or was
not listed with the | ||
employment service;
| ||
(ii) such failure could not result in a denial | ||
of benefits under the
definition of suitable work | ||
for regular benefits claimants in Section 603
to | ||
the extent that the criteria of suitability in that | ||
Section are not
inconsistent with the provisions | ||
of this paragraph 3;
| ||
(iii) the individual furnishes satisfactory | ||
evidence to the Director
that his prospects for | ||
obtaining work in his customary occupation within | ||
a
reasonably short period are good. If such | ||
evidence is deemed satisfactory
for this purpose, | ||
the determination of whether any work is suitable | ||
with
respect to such individual shall be made in | ||
accordance with the definition
of suitable work | ||
for regular benefits in Section 603 without regard |
to the
definition specified by this paragraph.
| ||
4. Notwithstanding the provisions of paragraph 3 to the | ||
contrary, no work
shall be deemed to be suitable work for | ||
an individual which does not accord
with the labor standard | ||
provisions required by Section 3304(a)(5) of the
Internal | ||
Revenue Code of 1954 and set forth herein under Section 603 | ||
of this
Act.
| ||
5. For the purposes of subparagraph b of paragraph 1, | ||
an individual shall
be treated as actively engaged in | ||
seeking work during any week if --
| ||
a. the individual has engaged in a systematic and | ||
sustained effort to
obtain work during such week, and
| ||
b. the individual furnishes tangible evidence that | ||
he has engaged in
such effort during such week.
| ||
6. The employment service shall refer any individual | ||
entitled to extended
benefits under this Act to any | ||
suitable work which meets the criteria
prescribed in | ||
paragraph 3.
| ||
7. Notwithstanding any other provision of this Act, an | ||
individual shall
not be eligible to receive extended | ||
benefits, otherwise payable under this
Section, with | ||
respect to any week of unemployment in his eligibility | ||
period
if such individual has been held ineligible for | ||
benefits under the provisions
of Sections 601, 602 or 603 | ||
of this Act until such individual had requalified
for such | ||
benefits by returning to employment and satisfying the |
monetary
requalification provision by earning at least his | ||
weekly benefit amount.
| ||
8. In response to the COVID-19 public health emergency, | ||
the Director may prescribe such rules as allowed by federal | ||
law limiting the work search requirements under subsection | ||
K. | ||
L. The Governor may, if federal law so allows, elect, in | ||
writing, to pay individuals, otherwise eligible for extended | ||
benefits pursuant to this Section, any other federally funded | ||
unemployment benefits, including but not limited to benefits | ||
payable pursuant to the federal Supplemental Appropriations | ||
Act, 2008, as amended, and Public Law 116-136, prior to paying | ||
them benefits under this Section. | ||
M. The provisions of this Section, as revised by this | ||
amendatory Act of the 96th General Assembly, are retroactive to | ||
February 22, 2009. The provisions of this amendatory Act of the | ||
96th General Assembly with regard to subsection L and paragraph | ||
8 of subsection A clarify authority already provided. | ||
N. The provisions of this Section, as revised by this | ||
amendatory Act of the 101st General Assembly, are retroactive | ||
to March 15, 2020. | ||
(Source: P.A. 96-30, eff. 6-30-09; 97-1, eff. 3-31-11.)
| ||
(820 ILCS 405/500) (from Ch. 48, par. 420)
| ||
Sec. 500. Eligibility for benefits. An unemployed | ||
individual shall
be eligible to receive benefits with respect |
to any week only if the
Director finds that:
| ||
A. He has registered for work at and thereafter has | ||
continued to
report at an employment office in accordance | ||
with such regulations as
the Director may prescribe, except | ||
that the Director may, by regulation,
waive or alter either | ||
or both of the requirements of this subsection as
to | ||
individuals attached to regular jobs, and as to such other | ||
types of
cases or situations with respect to which he finds | ||
that compliance with
such requirements would be oppressive | ||
or inconsistent with the purposes
of this Act, provided | ||
that no such regulation shall conflict with
Section 400 of | ||
this Act.
| ||
B. He has made a claim for benefits with respect to | ||
such week in
accordance with such regulations as the | ||
Director may prescribe.
| ||
C. He is able to work, and is available for work; | ||
provided that
during the period in question he was actively | ||
seeking work and he has
certified such. Whenever requested | ||
to do so by the Director, the individual
shall, in the | ||
manner the Director prescribes by regulation, inform the
| ||
Department of the places at
which he has sought work during | ||
the period in question.
Nothing in this subsection shall | ||
limit
the Director's approval of alternate methods of | ||
demonstrating an active
search for work
based on regular | ||
reporting to a trade union office.
| ||
1. If an otherwise eligible individual is unable to |
work or is
unavailable for work on any normal workday | ||
of the week, he shall be
eligible to receive benefits | ||
with respect to such week reduced by
one-fifth of his | ||
weekly benefit amount for each day of such inability to
| ||
work or unavailability for work. For the purposes of | ||
this paragraph, an
individual who reports on a day | ||
subsequent to his designated report day
shall be deemed | ||
unavailable for work on his report day if his failure | ||
to
report on that day is without good cause, and on | ||
each intervening day,
if any, on which his failure to | ||
report is without good cause. As used
in the preceding | ||
sentence, "report day" means the day which has been
| ||
designated for the individual to report to file his | ||
claim for benefits
with respect to any week. This | ||
paragraph shall not be construed so as
to effect any | ||
change in the status of part-time workers as defined in
| ||
Section 407.
| ||
2. An individual shall be considered to be | ||
unavailable for work on
days listed as whole holidays | ||
in "An Act to revise the law in relation
to promissory | ||
notes, bonds, due bills and other instruments in | ||
writing,"
approved March 18, 1874, as amended; on days | ||
which are holidays in his
religion or faith, and on | ||
days which are holidays according to the
custom of his | ||
trade or occupation, if his failure to work on such day | ||
is
a result of the holiday. In determining the |
claimant's eligibility for
benefits and the amount to | ||
be paid him, with respect to the week in
which such | ||
holiday occurs, he shall have attributed to him as | ||
additional
earnings for that week an amount equal to | ||
one-fifth of his weekly
benefit amount for each normal | ||
work day on which he does not work
because of a holiday | ||
of the type above enumerated.
| ||
3. An individual shall be deemed unavailable for | ||
work if, after his
separation from his most recent | ||
employing unit, he has removed himself
to and remains | ||
in a locality where opportunities for work are
| ||
substantially less favorable than those in the | ||
locality he has left.
| ||
4. An individual shall be deemed unavailable for | ||
work with respect
to any week which occurs in a period | ||
when his principal occupation is
that of a student in | ||
attendance at, or on vacation from, a public or
private | ||
school.
| ||
5. Notwithstanding any other provisions of this | ||
Act, an individual
shall not be deemed unavailable for | ||
work or to have failed actively to
seek work, nor shall | ||
he be ineligible for benefits by reason of the
| ||
application of the provisions of Section 603, with | ||
respect to any week,
because he is enrolled in and is | ||
in regular attendance at a training
course approved for | ||
him by the Director:
|
(a) but only if, with respect to
that week, the | ||
individual presents,
upon request,
to the claims | ||
adjudicator referred to
in Section 702 a statement | ||
executed by a responsible person connected
with | ||
the training course, certifying that the | ||
individual was in
full-time attendance at such | ||
course during the week. The Director may
approve | ||
such course for an individual only if he finds that | ||
(1)
reasonable work opportunities for which the | ||
individual is fitted by
training and experience do | ||
not exist in his locality; (2) the training course
| ||
relates to an occupation or skill for which there | ||
are, or are
expected to be in the immediate future, | ||
reasonable work opportunities in
his locality; (3) | ||
the training course is offered by a competent and
| ||
reliable agency, educational institution, or | ||
employing unit; (4)
the individual has the | ||
required qualifications and aptitudes to complete | ||
the
course successfully; and (5) the individual is | ||
not receiving and is not
eligible (other than | ||
because he has claimed benefits under this Act) for
| ||
subsistence payments or similar assistance under | ||
any public or private
retraining program: | ||
Provided, that the Director shall not disapprove
| ||
such course solely by reason of clause (5) if the | ||
subsistence payment or
similar assistance is |
subject to reduction by an amount equal to any
| ||
benefits payable to the individual under this Act | ||
in the absence of the
clause. In the event that an | ||
individual's weekly unemployment
compensation | ||
benefit is less than his certified training | ||
allowance, that
person shall be eligible to | ||
receive his entire unemployment compensation
| ||
benefits, plus such supplemental training | ||
allowances that would make an
applicant's total | ||
weekly benefit identical to the original certified
| ||
training allowance.
| ||
(b) The Director shall have the authority to | ||
grant approval pursuant to
subparagraph (a) above | ||
prior to an individual's formal admission into a
| ||
training course. Requests for approval shall not | ||
be made more than 30 days
prior to the actual | ||
starting date of such course. Requests shall be | ||
made
at the appropriate unemployment office.
| ||
(c) The Director shall for purposes of | ||
paragraph C have the authority
to issue a blanket | ||
approval of training programs implemented pursuant | ||
to
the federal Workforce
Innovation and | ||
Opportunity Act if both the training program and | ||
the criteria for an individual's
participation in | ||
such training meet the requirements of this | ||
paragraph C.
|
(d) Notwithstanding the requirements of | ||
subparagraph (a), the Director
shall have the | ||
authority to issue blanket approval of training | ||
programs
implemented under the terms of a | ||
collective bargaining agreement.
| ||
6. Notwithstanding any other provisions of this | ||
Act, an individual shall
not be deemed unavailable for | ||
work or to have failed actively to seek work,
nor shall | ||
he be ineligible for benefits, by reason of the | ||
application of
the provisions of Section 603 with | ||
respect to any week because he is in
training approved | ||
under Section 236 (a)(1) of the federal Trade Act of | ||
1974,
nor shall an individual be ineligible for | ||
benefits under the provisions
of Section 601 by reason | ||
of leaving work voluntarily to enter such training
if | ||
the work left is not of a substantially equal or higher | ||
skill level than
the individual's past adversely | ||
affected employment as defined under the
federal Trade | ||
Act of 1974 and the wages for such work are less than | ||
80% of his
average weekly wage as determined under the | ||
federal Trade Act of 1974.
| ||
D. If his benefit year begins prior to July 6, 1975 or | ||
subsequent to
January 2, 1982, he has been unemployed for a | ||
waiting period of 1 week
during such benefit year. If his | ||
benefit year begins on or after July 6,
1975, but prior to | ||
January 3, 1982, and his unemployment
continues for more |
than three weeks during such benefit year, he shall
be | ||
eligible for benefits with respect to each week of such | ||
unemployment,
including the first week thereof. An | ||
individual shall be deemed to be
unemployed within the | ||
meaning of this subsection while receiving public
| ||
assistance as remuneration for services performed on work | ||
projects
financed from funds made available to | ||
governmental agencies for such
purpose. No week shall be | ||
counted as a week of unemployment for the
purposes of this | ||
subsection:
| ||
1. Unless it occurs within the benefit year which | ||
includes the week
with respect to which he claims | ||
payment of benefits, provided that, for
benefit years | ||
beginning prior to January 3, 1982, this
requirement | ||
shall not interrupt the payment of benefits for | ||
consecutive
weeks of unemployment; and provided | ||
further that the week immediately
preceding a benefit | ||
year, if part of one uninterrupted period of
| ||
unemployment which continues into such benefit year, | ||
shall be deemed
(for the purpose of this subsection | ||
only and with respect to benefit years
beginning prior | ||
to January 3, 1982, only) to be within such benefit
| ||
year, as well as within the preceding benefit year, if | ||
the unemployed
individual would, except for the | ||
provisions of the first paragraph and
paragraph 1 of | ||
this subsection and of Section 605, be eligible for and
|
entitled to benefits for such week.
| ||
2. If benefits have been paid with respect thereto.
| ||
3. Unless the individual was eligible for benefits | ||
with respect
thereto except for the requirements of | ||
this subsection and of Section
605.
| ||
D-5. Notwithstanding subsection D, if the individual's | ||
benefit year begins on or after March 8, 2020, but prior to | ||
the week following the later of (a) the last week of a | ||
disaster period established by the Gubernatorial Disaster | ||
Proclamation in response to COVID-19, dated March 9, 2020, | ||
and any subsequent Gubernatorial Disaster Proclamation in | ||
response to COVID-19 or (b) the last week for which federal | ||
sharing is provided as authorized by Section 2105 of Public | ||
Law 116-136 or any amendment thereto, the individual is not | ||
subject to the requirement that the individual be | ||
unemployed for a waiting period of one week during such | ||
benefit year. | ||
E. With respect to any benefit year beginning prior to | ||
January 3, 1982,
he has been paid during his base period | ||
wages for insured work not
less than the amount specified | ||
in Section 500E of this Act as amended
and in effect on | ||
October 5, 1980. With respect to any benefit year
beginning | ||
on or after January 3, 1982, he has been paid during his | ||
base
period wages for insured work equal to not less than | ||
$1,600, provided that
he has been paid wages for insured | ||
work equal to at least $440 during that
part of his base |
period which does not include the calendar quarter in
which | ||
the wages paid to him were highest.
| ||
F. During that week he has participated in reemployment | ||
services to which
he has been referred, including but not | ||
limited to job search assistance
services, pursuant to a | ||
profiling system established by the Director by rule in
| ||
conformity with Section 303(j)(1) of the federal Social | ||
Security Act, unless
the Director determines that:
| ||
1. the individual has completed such services; or
| ||
2. there is justifiable cause for the claimant's | ||
failure to participate in
such services.
| ||
This subsection F is added by this amendatory Act of | ||
1995 to clarify
authority already provided under | ||
subsections A and C in connection with the
unemployment | ||
insurance claimant profiling system required under | ||
subsections
(a)(10) and (j)(1) of Section 303 of the | ||
federal Social Security Act as a
condition of federal
| ||
funding for the administration of the Unemployment | ||
Insurance Act.
| ||
(Source: P.A. 100-477, eff. 9-8-17.)
| ||
(820 ILCS 405/612) (from Ch. 48, par. 442)
| ||
Sec. 612.
Academic Personnel - Ineligibility between | ||
academic years or
terms.
| ||
A. Benefits based on wages for services which are | ||
employment under the
provisions
of Sections 211.1, 211.2, and |
302C shall be payable in the same amount,
on the same terms, | ||
and subject to the same conditions as benefits payable
on the | ||
basis of wages for other services which are employment under | ||
this
Act; except that:
| ||
1. An individual shall be ineligible for
benefits, on | ||
the basis of wages for employment in an instructional, | ||
research,
or principal administrative capacity performed | ||
for an institution of higher
education, for any week which | ||
begins during the period between two successive
academic | ||
years, or during a similar period between two regular | ||
terms, whether
or not successive, or during a period of | ||
paid sabbatical leave provided
for in the individual's | ||
contract, if the individual has a
contract or contracts to | ||
perform services in any such capacity for any
institution
| ||
or institutions of higher education for both such academic | ||
years or both such
terms.
| ||
This paragraph 1 shall apply with respect to any week | ||
which begins prior
to January 1, 1978.
| ||
2. An individual shall be ineligible for benefits, on | ||
the basis of wages
for service in employment in any | ||
capacity other than those referred to in
paragraph 1, | ||
performed for an institution of higher learning, for
any | ||
week which begins after September 30, 1983, during a period | ||
between
two successive academic years or terms, if the | ||
individual performed such
service in the first of such | ||
academic years or terms and there is a reasonable
assurance
|
that the individual will perform such service in the second | ||
of such academic
years or terms.
| ||
3. An individual shall be ineligible for benefits, on | ||
the basis of
wages for service in employment in any | ||
capacity other than those referred
to in paragraph 1, | ||
performed for an institution of higher education, for
any | ||
week which begins after January 5, 1985, during an | ||
established and
customary vacation period or holiday | ||
recess, if the individual performed
such service in the | ||
period immediately before such vacation period or
holiday | ||
recess and there is a reasonable assurance that the | ||
individual will
perform such service in the period | ||
immediately following such vacation
period or holiday | ||
recess.
| ||
B. Benefits based on wages for services which are | ||
employment under the
provisions of Sections 211.1 and 211.2 | ||
shall be payable in the same amount,
on the same terms, and | ||
subject to the same conditions, as benefits payable
on the | ||
basis
of wages for other services which are employment under | ||
this Act, except that:
| ||
1. An individual shall be ineligible for benefits, on | ||
the basis of wages
for service in employment
in an | ||
instructional, research, or principal administrative | ||
capacity performed
for an educational institution, for any | ||
week which begins after December
31, 1977, during a period | ||
between two successive academic years, or during
a similar |
period between two regular terms, whether or not | ||
successive, or
during a period of paid sabbatical leave | ||
provided for in the individual's
contract, if the | ||
individual performed such service in the first of such
| ||
academic years (or terms) and if there is a contract or a | ||
reasonable assurance
that the individual will perform | ||
service in any such capacity for any
educational
| ||
institution in the second of such academic years (or | ||
terms).
| ||
2. An individual shall be ineligible for benefits, on | ||
the basis of wages
for service in employment in any | ||
capacity other than those referred to in
paragraph 1, | ||
performed for an educational institution,
for any week | ||
which
begins after December 31, 1977, during a period | ||
between two successive academic
years or terms, if the | ||
individual performed such service in the first of
such | ||
academic years or terms and there is a reasonable assurance | ||
that the
individual will perform such service in the second | ||
of such academic years or
terms.
| ||
3. An individual shall be ineligible for benefits, on | ||
the basis of
wages for service in employment in any | ||
capacity performed for an
educational institution, for any | ||
week which begins after January 5, 1985,
during an | ||
established and customary vacation period or holiday | ||
recess, if
the individual performed such service in the | ||
period immediately before such
vacation period or holiday |
recess and there is a reasonable assurance that
the | ||
individual will perform such service in the period | ||
immediately
following such vacation period or holiday | ||
recess.
| ||
4. An individual shall be ineligible for benefits on | ||
the basis of wages
for service in employment in any | ||
capacity performed in an educational
institution while in | ||
the employ of an educational service agency
for any week | ||
which begins after January 5, 1985, (a) during a period
| ||
between two successive academic years or terms, if the | ||
individual performed
such service in the first of such | ||
academic years or terms and there is
a reasonable assurance | ||
that the individual will perform such service in
the second | ||
of such academic years or terms; and (b) during an | ||
established
and customary vacation period or holiday | ||
recess, if the individual performed
such service in the | ||
period immediately before such vacation period or holiday
| ||
recess and there is a reasonable assurance that the | ||
individual will perform
such service in the period | ||
immediately following such vacation period or
holiday | ||
recess.
The term "educational service agency" means a | ||
governmental agency or
governmental
entity which is | ||
established and operated exclusively for the purpose of
| ||
providing such services to one or more educational | ||
institutions.
| ||
C. 1. If benefits are denied to any individual under the |
provisions of
paragraph
2 of either subsection A or B of this | ||
Section for any week which begins
on or after September 3, 1982 | ||
and such individual is not offered a bona
fide opportunity to | ||
perform such services for the educational institution
for the | ||
second of such academic years or terms, such individual shall | ||
be
entitled to a retroactive payment of benefits for each week | ||
for which the
individual filed a timely claim for benefits as | ||
determined by the rules
and regulations issued by the Director | ||
for the filing of claims for benefits,
provided that such | ||
benefits were denied solely because of the provisions
of | ||
paragraph 2 of either subsection A or B of this Section.
| ||
2. If benefits on the basis of wages for service in | ||
employment in
other than an instructional, research, or | ||
principal administrative capacity
performed in an educational | ||
institution while in the employ of an
educational service | ||
agency are denied to any individual under the
provisions of | ||
subparagraph (a) of paragraph 4 of subsection B and such
| ||
individual is not offered a bona fide opportunity to perform | ||
such services
in an educational institution while in the employ | ||
of an educational service
agency for the second of such | ||
academic years or terms, such individual
shall be entitled to a | ||
retroactive payment of benefits for each week for
which the | ||
individual filed a timely claim for benefits as determined by | ||
the
rules and regulations issued by the Director for the filing | ||
of claims for
benefits, provided that such benefits were denied | ||
solely because
of subparagraph (a) of paragraph 4 of subsection |
B of this Section.
| ||
D. Notwithstanding any other provision in this Section or | ||
paragraph 2 of subsection C of Section 500 to the contrary, | ||
with respect to a week of unemployment beginning on or after | ||
March 15, 2020, and before December 31, 2020, benefits shall be | ||
payable to an individual on the basis of wages for employment | ||
in other than an instructional, research, or principal | ||
administrative capacity performed for an educational | ||
institution or an educational service agency under any of the | ||
circumstances described in this Section, to the extent | ||
permitted under Section 3304(a)(6) of the Federal Unemployment | ||
Tax Act, as long as the individual is otherwise eligible for | ||
benefits. | ||
(Source: P.A. 87-1178.)
| ||
(820 ILCS 405/1502.4 new) | ||
Sec. 1502.4. Benefit charges; COVID-19. | ||
A. With respect to any benefits paid for a week of | ||
unemployment that begins on or after March 15, 2020, and before | ||
December 31, 2020, and is directly or indirectly attributable | ||
to COVID-19, notwithstanding any other provisions to the | ||
contrary an employer that is subject to the payment of | ||
contributions shall not be chargeable for any benefit charges. | ||
B. With respect to any regular benefits paid for a week of | ||
unemployment that begins on or after March 15, 2020, and before | ||
December 31, 2020, and is directly or indirectly attributable |
to COVID-19, notwithstanding any other provisions to the | ||
contrary except subsection E, a nonprofit organization that is | ||
subject to making payments in lieu of contributions shall be | ||
chargeable for 50% of the benefits paid. | ||
C. With respect to any benefits paid for a week of | ||
unemployment that begins on or after March 15, 2020, and before | ||
December 31, 2020, and is directly or indirectly attributable | ||
to COVID-19, notwithstanding any other provisions to the | ||
contrary except subsection E, the State and any local | ||
government that is subject to making payments in lieu of | ||
contributions shall be chargeable for 50% of the benefits paid, | ||
irrespective of whether the State or local government paid the | ||
individual who received the benefits wages for insured work | ||
during the individual's base period. | ||
D. Subsections A, B, and C shall only apply to the extent | ||
that the employer can show that the individual's unemployment | ||
for the week was directly or indirectly attributable to | ||
COVID-19. | ||
E. No employer shall be chargeable for the week of benefits | ||
paid to an individual under the provisions of Section 500D-1. | ||
(820 ILCS 405/1505) (from Ch. 48, par. 575)
| ||
Sec. 1505. Adjustment of state experience factor. The state | ||
experience
factor shall be adjusted in accordance with the | ||
following provisions:
| ||
A. For calendar years prior to 1988, the state experience |
factor shall be adjusted in accordance with the provisions of | ||
this Act as amended and in effect on November 18, 2011.
| ||
B. (Blank).
| ||
C. For calendar year 1988
and each calendar year | ||
thereafter, for which the state
experience factor is being | ||
determined.
| ||
1. For every $50,000,000 (or fraction thereof) by which
| ||
the adjusted trust fund balance falls below the target | ||
balance set forth in
this subsection,
the state experience | ||
factor for the succeeding year shall
be increased one | ||
percent absolute.
| ||
For every $50,000,000 (or fraction thereof) by which
| ||
the adjusted trust fund balance exceeds the target balance | ||
set forth in this
subsection, the
state experience factor | ||
for the succeeding year shall be
decreased by one percent | ||
absolute.
| ||
The target balance in each calendar year prior to 2003 | ||
is $750,000,000.
The
target balance in
calendar year 2003 | ||
is $920,000,000. The target balance in calendar year 2004 | ||
is
$960,000,000.
The target balance in calendar year 2005 | ||
and each calendar year thereafter
is
$1,000,000,000.
| ||
2. For the purposes of this subsection:
| ||
"Net trust fund balance" is the amount standing to the
| ||
credit of this State's account in the unemployment trust
| ||
fund as of June 30 of the calendar year immediately | ||
preceding
the year for which a state experience factor is |
being determined.
| ||
"Adjusted trust fund balance" is the net trust fund | ||
balance
minus the sum of the benefit reserves for fund | ||
building
for July 1, 1987 through June 30 of the year prior | ||
to the
year for which the state experience factor is being | ||
determined.
The adjusted trust fund balance shall not be | ||
less than
zero. If the preceding calculation results in a | ||
number
which is less than zero, the amount by which it is | ||
less
than zero shall reduce the sum of the benefit reserves
| ||
for fund building for subsequent years.
| ||
For the purpose of determining the state experience | ||
factor
for 1989 and for each calendar year thereafter, the | ||
following
"benefit reserves for fund building" shall apply | ||
for each
state experience factor calculation in which that | ||
12 month
period is applicable:
| ||
a. For the 12 month period ending on June 30, 1988, | ||
the
"benefit reserve for fund building" shall be | ||
8/104th of
the total benefits paid from January 1, 1988 | ||
through June 30, 1988.
| ||
b. For the 12 month period ending on June 30, 1989, | ||
the
"benefit reserve for fund building" shall be the | ||
sum of:
| ||
i. 8/104ths of the total benefits paid from | ||
July 1,
1988 through December 31, 1988, plus
| ||
ii. 4/108ths of the total benefits paid from | ||
January
1, 1989 through June 30, 1989.
|
c. For the 12 month period ending on June 30, 1990, | ||
the
"benefit reserve for fund building" shall be | ||
4/108ths of
the total benefits paid from July 1, 1989 | ||
through December 31, 1989.
| ||
d. For 1992 and for each calendar year thereafter, | ||
the
"benefit reserve for fund building" for the 12 | ||
month period
ending on June 30, 1991 and for each | ||
subsequent 12 month
period shall be zero.
| ||
3. Notwithstanding the preceding provisions of this | ||
subsection,
for calendar years 1988 through 2003, the state | ||
experience factor shall not
be increased or decreased
by | ||
more than 15 percent absolute.
| ||
D. Notwithstanding the provisions of subsection C, the
| ||
adjusted state experience factor:
| ||
1. Shall be 111 percent for calendar year 1988;
| ||
2. Shall not be less than 75 percent nor greater than
| ||
135 percent for calendar years 1989 through 2003; and shall | ||
not
be less than 75% nor greater than 150% for calendar | ||
year 2004 and each
calendar year
thereafter, not counting | ||
any increase pursuant to subsection D-1, D-2, or D-3;
| ||
3. Shall not be decreased by more than 5 percent | ||
absolute for any
calendar year, beginning in calendar year | ||
1989 and through calendar year
1992, by more than 6% | ||
absolute for calendar years 1993
through 1995, by more than | ||
10% absolute for calendar years
1999 through 2003 and by | ||
more than 12% absolute for calendar year 2004 and
each |
calendar year thereafter, from the adjusted state
| ||
experience factor of the calendar year preceding the | ||
calendar year for which
the adjusted state experience | ||
factor is being determined;
| ||
4. Shall not be increased by more than 15% absolute for | ||
calendar year
1993, by more than 14% absolute for calendar | ||
years 1994 and
1995, by more than 10% absolute for calendar | ||
years 1999
through 2003 and by more than 16% absolute for | ||
calendar year 2004 and each
calendar
year
thereafter, from | ||
the adjusted state experience factor for the calendar year
| ||
preceding the calendar year for which the adjusted state | ||
experience factor
is being determined;
| ||
5. Shall be 100% for calendar years 1996, 1997, and | ||
1998.
| ||
D-1. The adjusted state experience factor for each of | ||
calendar years 2013 through 2015 shall be increased by 5% | ||
absolute above the adjusted state experience factor as | ||
calculated without regard to this subsection. The adjusted | ||
state experience factor for each of calendar years 2016 through | ||
2018 shall be increased by 6% absolute above the adjusted state | ||
experience factor as calculated without regard to this | ||
subsection. The increase in the adjusted state experience | ||
factor for calendar year 2018 pursuant to this subsection shall | ||
not be counted for purposes of applying paragraph 3 or 4 of | ||
subsection D to the calculation of the adjusted state | ||
experience factor for calendar year 2019. |
D-2. (Blank). | ||
D-3. The adjusted state experience factor for calendar year | ||
2022 shall be increased by 16% 22% absolute above the adjusted | ||
state experience factor as calculated without regard to this | ||
subsection. The increase in the adjusted state experience | ||
factor for calendar year 2022 pursuant to this subsection shall | ||
not be counted for purposes of applying paragraph 3 or 4 of | ||
subsection D to the calculation of the adjusted state | ||
experience factor for calendar year 2023. | ||
E. The amount standing to the credit of this State's | ||
account in the
unemployment trust fund as of June 30 shall be | ||
deemed to include as part
thereof (a) any amount receivable on | ||
that date from any Federal
governmental agency, or as a payment | ||
in lieu of contributions under the
provisions of Sections 1403 | ||
and 1405 B and paragraph 2 of Section 302C,
in reimbursement of | ||
benefits paid to individuals, and (b) amounts
credited by the | ||
Secretary of the Treasury of the United States to this
State's | ||
account in the unemployment trust fund pursuant to Section 903
| ||
of the Federal Social Security Act, as amended, including any | ||
such
amounts which have been appropriated by the General | ||
Assembly in
accordance with the provisions of Section 2100 B | ||
for expenses of
administration, except any amounts which have | ||
been obligated on or
before that date pursuant to such | ||
appropriation.
| ||
(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20 .)
|
(820 ILCS 405/1506.6) | ||
Sec. 1506.6. Surcharge; specified period. For each | ||
employer whose contribution rate for calendar year 2022 is | ||
determined pursuant to Section 1500 or 1506.1, in addition to | ||
the contribution rate established pursuant to Section 1506.3, | ||
an additional surcharge of 0.325% 0.425% shall be added to the | ||
contribution rate. The surcharge established by this Section | ||
shall be due at the same time as other contributions with | ||
respect to the quarter are due, as provided in Section 1400. | ||
Payments attributable to the surcharge established pursuant to | ||
this Section shall be contributions and deposited into the | ||
clearing account.
| ||
(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20 .) | ||
Section 90. The State Mandates Act is amended by adding | ||
Section 8.44 as follows: | ||
(30 ILCS 805/8.44 new) | ||
Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 | ||
of this Act, no reimbursement by the State is required for the | ||
implementation of any mandate created by this amendatory Act of | ||
the 101st General Assembly.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|