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| Public Act 093-1012 |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unemployment Insurance Act is amended by | ||||
changing Section 1502.1 as follows: | ||||
(820 ILCS 405/1502.1) (from Ch. 48, par. 572.1)
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Sec. 1502.1. Employer's benefit charges.
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A. Benefit charges which result from payments to any | ||||
claimant made on or
after July 1, 1989 shall be charged:
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1. For benefit years beginning prior to July 1, 1989, | ||||
to
each employer who paid wages to the claimant during his | ||||
base period;
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2. For benefit years beginning on or after July 1,
1989 | ||||
but before January 1, 1993, to the later of:
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a. the last employer prior to the beginning of the | ||||
claimant's benefit
year:
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i. from whom the claimant was separated or who, | ||||
by reduction of work
offered, caused the claimant | ||||
to become unemployed as defined in Section 239,
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and,
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ii. for whom the claimant performed services | ||||
in employment, on each of
30 days whether or not | ||||
such days are consecutive, provided that the wages | ||||
for
such services were earned during the period | ||||
from the beginning of the
claimant's base period to | ||||
the beginning of the claimant's benefit year; but
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that employer shall not be charged if:
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(1) the claimant's last separation from | ||||
that employer was a
voluntary leaving without | ||||
good cause, as the term is used in Section 601A | ||||
or
under the circumstances described in | ||||
paragraphs 1 and 2 of Section 601B; or
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(2) the claimant's last separation from | ||
that employer was a
discharge for misconduct or | ||
a felony or theft connected with his work from | ||
that
employer, as these terms are used in | ||
Section 602; or
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(3) after his last separation from that | ||
employer, prior to the
beginning of his benefit | ||
year, the claimant refused to accept an offer | ||
of or to
apply for suitable work from that | ||
employer without good cause, as these terms
are | ||
used in Section 603; or
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(4) the claimant, following his last | ||
separation from that employer,
prior to the | ||
beginning of his benefit year, is ineligible or | ||
would have
been ineligible under Section 612 if | ||
he has or had had base period wages
from the | ||
employers to which that Section applies; or
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(5) the claimant subsequently performed | ||
services for at least 30
days for an individual | ||
or organization which is not an employer | ||
subject to
this Act; or
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b. the single employer who pays wages to the | ||
claimant that allow him
to requalify for benefits after | ||
disqualification under Section 601, 602 or 603,
if:
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i. the disqualifying event occurred prior to | ||
the beginning of the
claimant's benefit year, and
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ii. the requalification occurred after the | ||
beginning of the claimant's
benefit year, and
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iii. even if the 30 day requirement given in | ||
this paragraph is not
satisfied; but
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iv. the requalifying employer shall not be | ||
charged if the claimant is
held ineligible with | ||
respect to that requalifying employer under | ||
Section
601, 602 or 603.
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3. For benefit years beginning on or after January 1, | ||
1993, with
respect to each week for which benefits are | ||
paid, to the later of:
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a. the last employer:
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i. from whom the claimant was separated or who, | ||
by reduction of
work offered, caused the claimant | ||
to become unemployed as defined in Section
239, and
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ii. for whom the claimant performed services | ||
in employment, on
each of 30 days whether or not | ||
such days are consecutive, provided that the
wages | ||
for such services were earned since the beginning | ||
of the claimant's
base period; but that employer | ||
shall not be charged if:
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(1) the claimant's separation from that | ||
employer was a voluntary
leaving without good | ||
cause, as the term is used in Section 601A or | ||
under
the circumstances described in | ||
paragraphs 1, 2, and 6 of
Section 601B; or
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(2) the claimant's separation from that | ||
employer was a discharge
for misconduct or a | ||
felony or theft connected with his work from | ||
that
employer, as these terms are used in | ||
Section 602; or
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(3) the claimant refused to accept an | ||
offer of or to apply for
suitable work from | ||
that employer without good cause, as these | ||
terms are
used in Section 603 (but only for | ||
weeks following the refusal of work); or
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(4) the claimant subsequently performed | ||
services for at least 30
days for an individual | ||
or organization which is not an employer | ||
subject to this
Act; or
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(5) the claimant, following his separation | ||
from that employer, is
ineligible or would have | ||
been ineligible under Section 612 if he has or | ||
had
had base period wages from the employers to | ||
which that Section applies
(but only for the | ||
period of ineligibility or potential | ||
ineligibility); or
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b. the single employer who pays wages to the | ||
claimant that allow him
to requalify for benefits after | ||
disqualification under Section 601, 602, or
603, even | ||
if the 30 day requirement given in this paragraph is | ||
not
satisfied; but the requalifying employer shall not | ||
be charged if the
claimant is held ineligible with | ||
respect to that requalifying employer
under Section | ||
601, 602, or 603.
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B. Whenever a claimant is ineligible pursuant to Section | ||
614 on the
basis of wages paid during his base period, any days | ||
on which such wages
were earned shall not be counted in | ||
determining whether that claimant
performed services during at | ||
least 30 days for the employer that paid such
wages as required | ||
by paragraphs 2 and 3 of subsection A.
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C. If no employer meets the requirements of paragraph 2 or | ||
3 of subsection
A, then no employer will be chargeable for any | ||
benefit charges which result
from the payment of benefits to | ||
the claimant for that benefit year.
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D. Notwithstanding the preceding provisions of this | ||
Section, no employer
shall be chargeable for any benefit | ||
charges which result from the payment of
benefits to any | ||
claimant after the effective date of this amendatory Act of
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1992 where the claimant's separation from that employer | ||
occurred
as a result of his detention, incarceration, or | ||
imprisonment under State,
local, or federal law.
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D-1. Notwithstanding any other provision of this Section, | ||
an employer shall not be chargeable for any benefit charges | ||
which result from the payment of benefits to an individual for | ||
any week of unemployment during the period that the employer's | ||
business is closed solely because of the entrance of the | ||
employer, one or more of the partners or officers of the | ||
employer, or the majority stockholder of the employer into | ||
active duty in the Illinois National Guard or the Armed Forces | ||
of the United States.
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E. For the purposes of Sections 302, 409, 701, 1403, 1404, | ||
1405 and
1508.1, last employer means the employer that:
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1. is charged for benefit payments which become benefit | ||
charges under this
Section, or
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2. would have been liable for such benefit charges if | ||
it had not elected
to make payments in lieu of | ||
contributions.
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(Source: P.A. 93-634, eff. 1-1-04.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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