(820 ILCS 405/401) (from Ch. 48, par. 401) Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
(I) If and only if funds from the State treasury are not appropriated on or before January 31, 2023 that are dedicated to pay all outstanding advances made to the State's account in the Unemployment Trust Fund pursuant to Title XII of the federal Social Security Act, then
this Part (I) is inoperative retroactive to January 1, 2023. 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 on or after January 1, 2025 and before January 1, 2026, an individual's weekly benefit amount shall be 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 on or after January 1, 2025 and before January 1, 2026, "maximum weekly benefit amount" with respect to each week beginning within a benefit period means 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 on or after January 1, 2025 and before January 1, 2026, 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 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 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.
(II) This Part (II) becomes operative if and only if funds from the State treasury are not appropriated on or before January 31, 2023 that are dedicated to pay all outstanding advances made to the State's account in the Unemployment Trust Fund pursuant to Title XII of the federal Social Security Act. If this Part (II) becomes operative, it is operative retroactive to January 1, 2023. 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 on or after January 1, 2024 and before January 1, 2025, an individual's weekly benefit amount shall be 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 on or after January 1, 2024 and before January 1, 2025, "maximum weekly benefit amount" with respect to each week beginning within a benefit period means 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 on or after January 1, 2024 and before January 1, 2025, 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 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 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. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20; 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 102-1105, eff. 1-1-23.)
|