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90_HB1820
820 ILCS 405/235 from Ch. 48, par. 345
820 ILCS 405/237 from Ch. 48, par. 347
820 ILCS 405/401 from Ch. 48, par. 401
820 ILCS 405/409 from Ch. 48, par. 409
820 ILCS 405/500 from Ch. 48, par. 420
820 ILCS 405/601 from Ch. 48, par. 431
820 ILCS 405/604 from Ch. 48, par. 434
820 ILCS 405/612 from Ch. 48, par. 442
Amends the Unemployment Insurance Act. Defines "wages"
for calendar year 1998 to include only the remuneration paid
to an individual by an employer during that period with
respect to employment that does not exceed $10,500 (now,
$10,000). Includes in the definition of "wages" for calendar
year 1999 and each calendar year thereafter a formula for
determining "wages". Redefines "base period". Sets out the
"weekly benefit amount" and "prior average weekly wage" for
any week beginning on or after January 4, 1998. Sets out
additional benefits for individuals to whom benefits are
payable and who have a non-working spouse or dependent
children with respect to any week beginning on or after
January 4, 1998. Sets out the "State 'on' indicator" and
"State 'off' indicator". Provides that the Section
concerning ineligibility for benefits because an individual
voluntarily leaves shall not apply to individuals who leave
work due to the loss of child care despite the individual's
reasonable attempt to make adequate child care arrangements.
States that no individual shall be denied benefits by reason
of a lockout subject to certain exceptions. Sets out when an
individual is ineligible for benefits on the basis of wages
for services in an instructional, research, or principal
administrative capacity. Makes other changes.
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LRB9004816DNmb
1 AN ACT to amend the Unemployment Insurance Act by
2 changing Sections 235, 237, 401, 409, 500, 601, 604, and 612.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unemployment Insurance Act is amended by
6 changing Sections 235, 237, 401, 409, 500, 601, 604, and 612
7 as follows:
8 (820 ILCS 405/235) (from Ch. 48, par. 345)
9 Sec. 235. The term "wages" does not include:
10 A. That part of the remuneration which, after
11 remuneration equal to $6,000 with respect to employment has
12 been paid to an individual by an employer during any calendar
13 year after 1977 and before 1980, is paid to such individual
14 by such employer during such calendar year; and that part of
15 the remuneration which, after remuneration equal to $6,500
16 with respect to employment has been paid to an individual by
17 an employer during each calendar year 1980 and 1981, is paid
18 to such individual by such employer during that calendar
19 year; and that part of the remuneration which, after
20 remuneration equal to $7,000 with respect to employment has
21 been paid to an individual by an employer during the calendar
22 year 1982 is paid to such individual by such employer during
23 that calendar year.
24 With respect to the first calendar quarter of 1983, the
25 term "wages" shall include only the remuneration paid to an
26 individual by an employer during such quarter with respect to
27 employment which does not exceed $7,000. With respect to the
28 three calendar quarters, beginning April 1, 1983, the term
29 "wages" shall include only the remuneration paid to an
30 individual by an employer during such period with respect to
31 employment which when added to the "wages" (as defined in the
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1 preceding sentence) paid to such individual by such employer
2 during the first calendar quarter of 1983, does not exceed
3 $8,000.
4 With respect to the calendar year 1984, the term "wages"
5 shall include only the remuneration paid to an individual by
6 an employer during that period with respect to employment
7 which does not exceed $8,000; with respect to calendar years
8 1985, 1986 and 1987, the term "wages" shall include only the
9 remuneration paid to such individual by such employer during
10 that calendar year with respect to employment which does not
11 exceed $8,500.
12 With respect to the calendar years 1988 through 1997 and
13 calendar year 1999 and each calendar year thereafter, the
14 term "wages" shall include only the remuneration paid to an
15 individual by an employer during that period with respect to
16 employment which does not exceed $9,000.
17 With respect to the calendar year 1998, the term "wages"
18 shall include only the remuneration paid to an individual by
19 an employer during that period with respect to employment
20 which does not exceed $10,500 $10,000.
21 With respect to calendar year 1999 and each calendar year
22 thereafter, "wages" includes only the remuneration paid to an
23 individual for that period with respect to employment that
24 does not exceed the product obtained by multiplying the
25 amount of remuneration includable as "wages" for the
26 immediately preceding calendar year plus (or minus) an amount
27 equal to the percentage change in the statewide average
28 weekly wage, as computed in accordance with paragraph B(2) of
29 Section 401, between the 2 immediately preceding benefit
30 periods, multiplied by the amount includable as "wages" for
31 the immediately preceding calendar year. In cases where the
32 "wages" are not a multiple of $100, they shall be rounded to
33 the nearest multiple of $100.
34 The remuneration paid to an individual by an employer
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1 with respect to employment in another State or States, upon
2 which contributions were required of such employer under an
3 unemployment compensation law of such other State or States,
4 shall be included as a part of the remuneration equal to
5 $6,000, $6,500, $7,000, $8,000, $8,500, $9,000, or $10,000,
6 as the case may be, herein referred to. For the purposes of
7 this subsection, any employing unit which succeeds to the
8 organization, trade, or business, or to substantially all of
9 the assets of another employing unit, or to the organization,
10 trade, or business, or to substantially all of the assets of
11 a distinct severable portion of another employing unit, shall
12 be treated as a single unit with its predecessor for the
13 calendar year in which such succession occurs, and any
14 employing unit which is owned or controlled by the same
15 interests which own or control another employing unit shall
16 be treated as a single unit with the unit so owned or
17 controlled by such interests for any calendar year throughout
18 which such ownership or control exists. This subsection
19 applies only to Sections 1400, 1405A, and 1500.
20 B. The amount of any payment (including any amount paid
21 by an employer for insurance or annuities, or into a fund, to
22 provide for any such payment), made to, or on behalf of, an
23 individual or any of his dependents under a plan or system
24 established by an employer which makes provision generally
25 for individuals performing services for him (or for such
26 individuals generally and their dependents) or for a class or
27 classes of such individuals (or for a class or classes of
28 such individuals and their dependents), on account of (1)
29 sickness or accident disability (except those sickness or
30 accident disability payments which would be includable as
31 "wages" in Section 3306(b)(2)(A) of the Federal Internal
32 Revenue Code of 1954, in effect on January 1, 1985, such
33 includable payments to be attributable in such manner as
34 provided by Section 3306(b) of the Federal Internal Revenue
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1 Code of 1954, in effect on January 1, 1985), or (2) medical
2 or hospitalization expenses in connection with sickness or
3 accident disability, or (3) death.
4 C. Any payment made to, or on behalf of, an employee or
5 his beneficiary which would be excluded from "wages" by
6 subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
7 3306(b)(5) of the Federal Internal Revenue Code of 1954, in
8 effect on January 1, 1985.
9 D. The amount of any payment on account of sickness or
10 accident disability, or medical or hospitalization expenses
11 in connection with sickness or accident disability, made by
12 an employer to, or on behalf of, an individual performing
13 services for him after the expiration of six calendar months
14 following the last calendar month in which the individual
15 performed services for such employer.
16 E. Remuneration paid in any medium other than cash by an
17 employing unit to an individual for service in agricultural
18 labor as defined in Section 214.
19 F. The amount of any supplemental payment made by an
20 employer to an individual performing services for him, other
21 than remuneration for services performed, under a shared work
22 plan approved by the Director pursuant to Section 407.1.
23 (Source: P.A. 89-633, eff. 1-1-97.)
24 (820 ILCS 405/237) (from Ch. 48, par. 347)
25 Sec. 237. (a) "Base period" means (1) the four
26 consecutive calendar quarters ended on the preceding December
27 31, for benefit years beginning in May, June, or July; (2)
28 the four consecutive calendar quarters ended on the preceding
29 March 31, for benefit years beginning in August, September,
30 or October; (3) the four consecutive calendar quarters ended
31 on the preceding June 30, for benefit years beginning in
32 November, December, or January; and (4) the four consecutive
33 calendar quarters ended on the preceding September 30, for
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1 benefit years beginning in February, March, or April. This
2 paragraph shall apply to benefit years beginning prior to
3 November 1, 1981. For each benefit year beginning on or after
4 November 1, 1981, "base period" means the first four of the
5 last five completed calendar quarters immediately preceding
6 the benefit year. Further, any wages that had previously been
7 used to establish a valid claim under Section 242 and with
8 respect to which benefits have been paid shall not be
9 included in the base period provided for in this subsection.
10 (b) Notwithstanding subsection (a) the foregoing
11 paragraph, with respect to any benefit year beginning on or
12 after January 1, 1988, an individual, who has been awarded
13 temporary total disability under any workers' compensation
14 act or any occupational diseases act and does not qualify for
15 the maximum weekly benefit amount under Section 401 because
16 he was unemployed and awarded temporary total disability
17 during the base period determined in accordance with
18 subsection (a) the preceding paragraph, shall have his weekly
19 benefit amount, if it is greater than the weekly benefit
20 amount determined in accordance with subsection (a) the
21 preceding paragraph, determined by the base period of a
22 benefit year which began on the date of the beginning of the
23 first week for which he was awarded temporary total
24 disability under any workers' compensation act or
25 occupational diseases act, provided, however, that such base
26 period shall not begin more than one year prior to the
27 individual's base period as determined under subsection (a)
28 the preceding paragraph. Further, any wages which had
29 previously been used to establish a valid claim pursuant to
30 Section 242 and with respect to which benefits have been paid
31 shall not be included in the base period provided for in this
32 subsection paragraph.
33 (c) With respect to any benefit year beginning on or
34 after January 1, 1998, for an individual who is ineligible to
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1 receive benefits under this Act by reason of the provisions
2 of paragraph (E) of Section 500 during the base periods
3 determined in accordance with subsections (a) and (b), "base
4 period" means the last 4 completed calendar quarters
5 immediately preceding the benefit year.
6 (d) Notwithstanding the foregoing provisions of this
7 Section, "base period" means the base period as defined in
8 the unemployment compensation law of any State under which
9 benefits are payable to an individual on the basis of a
10 combination of his wages pursuant to an arrangement described
11 in Section 2700 F.
12 (Source: P.A. 85-956; 85-1009.)
13 (820 ILCS 405/401) (from Ch. 48, par. 401)
14 Sec. 401. Weekly Benefit Amount - Dependents'
15 Allowances.
16 A. With respect to any week beginning prior to April 24,
17 1983, an individual's weekly benefit amount shall be an
18 amount equal to the weekly benefit amount as defined in this
19 Act as in effect on November 30, 1982.
20 B. 1. With respect to any week beginning on or after
21 April 24, 1983 and before January 3, 1988, an individual's
22 weekly benefit amount shall be 48% of his prior average
23 weekly wage, rounded (if not already a multiple of one
24 dollar) to the next higher dollar; provided, however, that
25 the weekly benefit amount cannot exceed the maximum weekly
26 benefit amount, and cannot be less than 15% of the statewide
27 average weekly wage, rounded (if not already a multiple of
28 one dollar) to the next higher dollar. However, the weekly
29 benefit amount for an individual who has established a
30 benefit year beginning before April 24, 1983, shall be
31 determined, for weeks beginning on or after April 24, 1983
32 claimed with respect to that benefit year, as provided under
33 this Act as in effect on November 30, 1982. With respect to
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1 any week beginning on or after January 3, 1988 and before
2 January 1, 1993, an individual's weekly benefit amount shall
3 be 49% of his prior average weekly wage, rounded (if not
4 already a multiple of one dollar) to the next higher dollar;
5 provided, however, that the weekly benefit amount cannot
6 exceed the maximum weekly benefit amount, and cannot be less
7 than $51. With respect to any week beginning on or after
8 January 3, 1993 and before January 4, 1998, an individual's
9 weekly benefit amount shall be 49.5% of his prior average
10 weekly wage, rounded (if not already a multiple of one
11 dollar) to the next higher dollar; provided, however, that
12 the weekly benefit amount cannot exceed the maximum weekly
13 benefit amount and cannot be less than $51. With respect to
14 any week beginning on or after January 4, 1998, an
15 individual's weekly benefit amount shall be 50% of his or her
16 prior average weekly wage, rounded (if not already a multiple
17 of $1) to the next higher dollar; provided, however, that the
18 weekly benefit amount cannot exceed the maximum weekly
19 benefit amount and cannot be less than $51.
20 2. For the purposes of this subsection:
21 With respect to any week beginning on or after April 24,
22 1983 and before January 4, 1998, an individual's "prior
23 average weekly wage" means the total wages for insured work
24 paid to that individual during the 2 calendar quarters of his
25 base period in which such total wages were highest, divided
26 by 26. If the quotient is not already a multiple of one
27 dollar, it shall be rounded to the nearest dollar; however if
28 the quotient is equally near 2 multiples of one dollar, it
29 shall be rounded to the higher multiple of one dollar.
30 With respect to any week beginning on or after January 4,
31 1998, an individual's "prior average weekly wage" means the
32 total wages for insured work paid to that individual during
33 the calendar quarter of his or her base period in which such
34 total wages were highest, divided by 13. If the quotient is
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1 not already a multiple of $1, it shall be rounded to the
2 nearest dollar; however, if the quotient is equally near 2
3 multiples of $1, it shall be rounded to the higher multiple
4 of $1.
5 "Determination date" means June 1, 1982, December 1, 1982
6 and December 1 of each succeeding calendar year thereafter.
7 However, if as of June 30, 1982, or any June 30 thereafter,
8 the net amount standing to the credit of this State's account
9 in the unemployment trust fund (less all outstanding advances
10 to that account, including advances pursuant to Title XII of
11 the federal Social Security Act) is greater than
12 $100,000,000, "determination date" shall mean December 1 of
13 that year and June 1 of the succeeding year. Notwithstanding
14 the preceding sentence, for the purposes of this Act only,
15 there shall be no June 1 determination date in any year after
16 1986.
17 "Determination period" means, with respect to each June 1
18 determination date, the 12 consecutive calendar months ending
19 on the immediately preceding December 31 and, with respect to
20 each December 1 determination date, the 12 consecutive
21 calendar months ending on the immediately preceding June 30.
22 "Benefit period" means the 12 consecutive calendar month
23 period beginning on the first day of the first calendar month
24 immediately following a determination date, except that, with
25 respect to any calendar year in which there is a June 1
26 determination date, "benefit period" shall mean the 6
27 consecutive calendar month period beginning on the first day
28 of the first calendar month immediately following the
29 preceding December 1 determination date and the 6 consecutive
30 calendar month period beginning on the first day of the first
31 calendar month immediately following the June 1 determination
32 date. Notwithstanding the foregoing sentence, the 6 calendar
33 months beginning January 1, 1982 and ending June 30, 1982
34 shall be deemed a benefit period with respect to which the
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1 determination date shall be June 1, 1981.
2 "Gross wages" means all the wages paid to individuals
3 during the determination period immediately preceding a
4 determination date for insured work, and reported to the
5 Director by employers prior to the first day of the third
6 calendar month preceding that date.
7 "Covered employment" for any calendar month means the
8 total number of individuals, as determined by the Director,
9 engaged in insured work at mid-month.
10 "Average monthly covered employment" means one-twelfth of
11 the sum of the covered employment for the 12 months of a
12 determination period.
13 "Statewide average annual wage" means the quotient,
14 obtained by dividing gross wages by average monthly covered
15 employment for the same determination period, rounded (if not
16 already a multiple of one cent) to the nearest cent.
17 "Statewide average weekly wage" means the quotient,
18 obtained by dividing the statewide average annual wage by 52,
19 rounded (if not already a multiple of one cent) to the
20 nearest cent. Notwithstanding any provisions of this Section
21 to the contrary, the statewide average weekly wage for the
22 benefit period beginning July 1, 1982 and ending December 31,
23 1982 shall be the statewide average weekly wage in effect for
24 the immediately preceding benefit period plus one-half of the
25 result obtained by subtracting the statewide average weekly
26 wage for the immediately preceding benefit period from the
27 statewide average weekly wage for the benefit period
28 beginning July 1, 1982 and ending December 31, 1982 as such
29 statewide average weekly wage would have been determined but
30 for the provisions of this paragraph. Notwithstanding any
31 provisions of this Section to the contrary, the statewide
32 average weekly wage for the benefit period beginning April
33 24, 1983 and ending January 31, 1984 shall be $321 and for
34 the benefit period beginning February 1, 1984 and ending
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1 December 31, 1986 shall be $335, and for the benefit period
2 beginning January 1, 1987, and ending December 31, 1987,
3 shall be $350, except that for an individual who has
4 established a benefit year beginning before April 24, 1983,
5 the statewide average weekly wage used in determining
6 benefits, for any week beginning on or after April 24, 1983,
7 claimed with respect to that benefit year, shall be $334.80,
8 except that, for the purpose of determining the minimum
9 weekly benefit amount under subsection B(1) for the benefit
10 period beginning January 1, 1987, and ending December 31,
11 1987, the statewide average weekly wage shall be $335; for
12 the benefit periods January 1, 1988 through December 31,
13 1988, January 1, 1989 through December 31, 1989, and January
14 1, 1990 through December 31, 1990, the statewide average
15 weekly wage shall be $359, $381, and $406, respectively.
16 Notwithstanding the preceding sentences of this paragraph,
17 for the benefit period of calendar year 1991, the statewide
18 average weekly wage shall be $406 plus (or minus) an amount
19 equal to the percentage change in the statewide average
20 weekly wage, as computed in accordance with the preceding
21 sentences of this paragraph, between the benefit periods of
22 calendar years 1989 and 1990, multiplied by $406; and, for
23 the benefit periods of calendar year years 1992 through 1997
24 and calendar year 1999 and each calendar year thereafter, the
25 statewide average weekly wage, shall be the statewide average
26 weekly wage, as determined in accordance with this sentence,
27 for the immediately preceding benefit period plus (or minus)
28 an amount equal to the percentage change in the statewide
29 average weekly wage, as computed in accordance with the
30 preceding sentences of this paragraph, between the 2
31 immediately preceding benefit periods, multiplied by the
32 statewide average weekly wage, as determined in accordance
33 with this sentence, for the immediately preceding benefit
34 period. For the benefit period of 1998, the statewide average
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1 weekly wage shall be $491. Provided however, that for any
2 benefit period after December 31, 1990, if 2 of the following
3 3 factors occur, then the statewide average weekly wage shall
4 be the statewide average weekly wage in effect for the
5 immediately preceding benefit period: (a) the average
6 contribution rate for all employers in this State for the
7 calendar year 2 years prior to the benefit period, as a ratio
8 of total contribution payments (including payments in lieu of
9 contributions) to total wages reported by employers in this
10 State for that same period is 0.2% greater than the national
11 average of this ratio, the foregoing to be determined in
12 accordance with rules promulgated by the Director; (b) the
13 balance in this State's account in the unemployment trust
14 fund, as of March 31 of the prior calendar year, is less than
15 $250,000,000; or (c) the number of first payments of initial
16 claims, as determined in accordance with rules promulgated by
17 the Director, for the one year period ending on June 30 of
18 the prior year, has increased more than 25% over the average
19 number of such payments during the 5 year period ending that
20 same June 30; and provided further that if (a), (b) and (c)
21 occur, then the statewide average weekly wage, as determined
22 in accordance with the preceding sentence, shall be 10% less
23 than it would have been but for these provisions. If the
24 reduced amount, computed in accordance with the preceding
25 sentence, is not already a multiple of one dollar, it shall
26 be rounded to the nearest dollar. The 10% reduction in the
27 statewide average weekly wage in the preceding sentence shall
28 not be in effect for more than 2 benefit periods of any 5
29 consecutive benefit periods. This 10% reduction shall not be
30 cumulative from year to year. Neither the freeze nor the
31 reduction shall be considered in the determination of
32 subsequent years' calculations of statewide average weekly
33 wage. However, for purposes of the Workers' Compensation Act,
34 the statewide average weekly wage will be computed using June
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1 1 and December 1 determination dates of each calendar year
2 and such determination shall not be subject to the limitation
3 of $321, $335, $350, $359, $381, $406 or the statewide
4 average weekly wage as computed in accordance with the
5 preceding 6 7 sentences of this paragraph.
6 With respect to any week beginning on or after April 24,
7 1983 and before January 3, 1988, "maximum weekly benefit
8 amount" means 48% of the statewide average weekly wage,
9 rounded (if not already a multiple of one dollar) to the
10 nearest dollar, provided however, that the maximum weekly
11 benefit amount for an individual who has established a
12 benefit year beginning before April 24, 1983, shall be
13 determined, for weeks beginning on or after April 24, 1983
14 claimed with respect to that benefit year, as provided under
15 this Act as amended and in effect on November 30, 1982,
16 except that the statewide average weekly wage used in such
17 determination shall be $334.80.
18 With respect to any week beginning after January 2, 1988
19 and before January 1, 1993, "maximum weekly benefit amount"
20 with respect to each week beginning within a benefit period
21 means 49% of the statewide average weekly wage, rounded (if
22 not already a multiple of one dollar) to the next higher
23 dollar.
24 With respect to any week beginning on or after January 3,
25 1993 and before January 4, 1998, "maximum weekly benefit
26 amount" with respect to each week beginning within a benefit
27 period means 49.5% of the statewide average weekly wage,
28 rounded (if not already a multiple of one dollar) to the next
29 higher dollar. With respect to any week beginning on or after
30 January 4, 1998, "maximum weekly benefit amount", with
31 respect to each week beginning within a benefit period, means
32 50% of the statewide average weekly wage, rounded (if not
33 already a multiple of $1) to the next highest dollar.
34 C. With respect to any week beginning on or after April
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1 24, 1983 and before January 3, 1988, an individual to whom
2 benefits are payable with respect to any week shall, in
3 addition to such benefits, be paid, with respect to such
4 week, as follows: in the case of an individual with a
5 nonworking spouse, 7% of his prior average weekly wage,
6 rounded (if not already a multiple of one dollar) to the
7 higher dollar; provided, that the total amount payable to the
8 individual with respect to a week shall not exceed 55% of the
9 statewide average weekly wage, rounded (if not already a
10 multiple of one dollar) to the nearest dollar; and in the
11 case of an individual with a dependent child or dependent
12 children, 14.4% of his prior average weekly wage, rounded (if
13 not already a multiple of one dollar) to the higher dollar;
14 provided, that the total amount payable to the individual
15 with respect to a week shall not exceed 62.4% of the
16 statewide average weekly wage, rounded (if not already a
17 multiple of one dollar) to the next higher dollar with
18 respect to the benefit period beginning January 1, 1987 and
19 ending December 31, 1987, and otherwise to the nearest
20 dollar. However, for an individual with a nonworking spouse
21 or with a dependent child or children who has established a
22 benefit year beginning before April 24, 1983, the amount of
23 additional benefits payable on account of the nonworking
24 spouse or dependent child or children shall be determined,
25 for weeks beginning on or after April 24, 1983 claimed with
26 respect to that benefit year, as provided under this Act as
27 in effect on November 30, 1982, except that the statewide
28 average weekly wage used in such determination shall be
29 $334.80.
30 With respect to any week beginning on or after January 2,
31 1988 and before January 1, 1991 and any week beginning on or
32 after January 1, 1992, and before January 1, 1993, an
33 individual to whom benefits are payable with respect to any
34 week shall, in addition to those benefits, be paid, with
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1 respect to such week, as follows: in the case of an
2 individual with a nonworking spouse, 8% of his prior average
3 weekly wage, rounded (if not already a multiple of one
4 dollar) to the next higher dollar, provided, that the total
5 amount payable to the individual with respect to a week
6 shall not exceed 57% of the statewide average weekly wage,
7 rounded (if not already a multiple of one dollar) to the next
8 higher dollar; and in the case of an individual with a
9 dependent child or dependent children, 15% of his prior
10 average weekly wage, rounded (if not already a multiple of
11 one dollar) to the next higher dollar, provided that the
12 total amount payable to the individual with respect to a week
13 shall not exceed 64% of the statewide average weekly wage,
14 rounded (if not already a multiple of one dollar) to the next
15 higher dollar.
16 With respect to any week beginning on or after January 1,
17 1991 and before January 1, 1992, an individual to whom
18 benefits are payable with respect to any week shall, in
19 addition to the benefits, be paid, with respect to such week,
20 as follows: in the case of an individual with a nonworking
21 spouse, 8.3% of his prior average weekly wage, rounded (if
22 not already a multiple of one dollar) to the next higher
23 dollar, provided, that the total amount payable to the
24 individual with respect to a week shall not exceed 57.3% of
25 the statewide average weekly wage, rounded (if not already a
26 multiple of one dollar) to the next higher dollar; and in the
27 case of an individual with a dependent child or dependent
28 children, 15.3% of his prior average weekly wage, rounded (if
29 not already a multiple of one dollar) to the next higher
30 dollar, provided that the total amount payable to the
31 individual with respect to a week shall not exceed 64.3% of
32 the statewide average weekly wage, rounded (if not already a
33 multiple of one dollar) to the next higher dollar.
34 With respect to any week beginning on or after January 3,
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1 1993 and before January 4, 1998, an individual to whom
2 benefits are payable with respect to any week shall, in
3 addition to those benefits, be paid, with respect to such
4 week, as follows: in the case of an individual with a
5 nonworking spouse, 9% of his prior average weekly wage,
6 rounded (if not already a multiple of one dollar) to the next
7 higher dollar, provided, that the total amount payable to the
8 individual with respect to a week shall not exceed 58.5% of
9 the statewide average weekly wage, rounded (if not already a
10 multiple of one dollar) to the next higher dollar; and in the
11 case of an individual with a dependent child or dependent
12 children, 16% of his prior average weekly wage, rounded (if
13 not already a multiple of one dollar) to the next higher
14 dollar, provided that the total amount payable to the
15 individual with respect to a week shall not exceed 65.5% of
16 the statewide average weekly wage, rounded (if not already a
17 multiple of one dollar) to the next higher dollar.
18 With respect to any week beginning on or after January 4,
19 1998, an individual to whom benefits are payable with respect
20 to any week shall, in addition to those benefits, be paid,
21 with respect to such week, as follows: in the case of an
22 individual with a non-working spouse, 10% of his or her prior
23 average weekly wage, rounded (if not already a multiple of
24 $1) to the next higher dollar, provided that the total amount
25 payable to the individual with respect to a week shall not
26 exceed 60% of the statewide average weekly wage, rounded (if
27 not already a multiple of $1) to the next highest dollar; and
28 in the case of an individual with a dependent child or
29 dependent children, 16 2/3% of his or her prior average
30 weekly wage, rounded (if not already a multiple of $1) to the
31 next higher dollar, provided that the total amount payable to
32 the individual with respect to a week shall not exceed 66
33 2/3% of the statewide average weekly wage, rounded (if not
34 already a multiple of $1) to the next higher dollar.
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1 For the purposes of this subsection:
2 "Dependent" means a child or a nonworking spouse.
3 "Child" means a natural child, stepchild, or adopted
4 child of an individual claiming benefits under this Act or a
5 child who is in the custody of any such individual by court
6 order, for whom the individual is supplying and, for at least
7 90 consecutive days (or for the duration of the parental
8 relationship if it has existed for less than 90 days)
9 immediately preceding any week with respect to which the
10 individual has filed a claim, has supplied more than one-half
11 the cost of support, or has supplied at least 1/4 of the cost
12 of support if the individual and the other parent, together,
13 are supplying and, during the aforesaid period, have supplied
14 more than one-half the cost of support, and are, and were
15 during the aforesaid period, members of the same household;
16 and who, on the first day of such week (a) is under 18 years
17 of age, or (b) is, and has been during the immediately
18 preceding 90 days, unable to work because of illness or other
19 disability: provided, that no person who has been determined
20 to be a child of an individual who has been allowed benefits
21 with respect to a week in the individual's benefit year shall
22 be deemed to be a child of the other parent, and no other
23 person shall be determined to be a child of such other
24 parent, during the remainder of that benefit year.
25 "Nonworking spouse" means the lawful husband or wife of
26 an individual claiming benefits under this Act, for whom more
27 than one-half the cost of support has been supplied by the
28 individual for at least 90 consecutive days (or for the
29 duration of the marital relationship if it has existed for
30 less than 90 days) immediately preceding any week with
31 respect to which the individual has filed a claim, but only
32 if the nonworking spouse is currently ineligible to receive
33 benefits under this Act by reason of the provisions of
34 Section 500E.
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1 An individual who was obligated by law to provide for the
2 support of a child or of a nonworking spouse for the
3 aforesaid period of 90 consecutive days, but was prevented by
4 illness or injury from doing so, shall be deemed to have
5 provided more than one-half the cost of supporting the child
6 or nonworking spouse for that period.
7 (Source: P.A. 89-633, eff. 1-1-97.)
8 (820 ILCS 405/409) (from Ch. 48, par. 409)
9 Sec. 409. Extended Benefits.
10 A. For the purposes of this Section:
11 1. "Extended benefit period" means a period which
12 begins with the third week after a week for which there
13 is a State "on" indicator; and ends with either of the
14 following weeks, whichever occurs later: (1) the third
15 week after the first week for which there is a State
16 "off" indicator, or (2) the thirteenth consecutive week
17 of such period. No extended benefit period shall begin
18 by reason of a State "on" indicator before the fourteenth
19 week following the end of a prior extended benefit
20 period.
21 2. There is a "State 'on' indicator" for a week (a)
22 if the Director determines, in accordance with the
23 regulations of the United States Secretary of Labor or
24 other appropriate Federal agency, that for the period
25 consisting of such week and the immediately preceding
26 twelve weeks, the rate of insured unemployment (not
27 seasonally adjusted) in this State (a) equaled or
28 exceeded 4% and equaled or exceeded 120% of the average
29 of such rates for the corresponding 13-week period ending
30 in each of the preceding two calendar years, or (b)
31 equaled or exceeded 5%; for weeks beginning after
32 September 25, 1982 (1) equaled or exceeded 5% and equaled
33 or exceeded 120% of the average of such rates for the
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1 corresponding 13-week period ending in each of the
2 preceding 2 calendar years, or (2) equaled or exceeded 6
3 percent; or (b) if the United States Secretary of Labor
4 determines that (1) the average rate of total
5 unemployment in this State (seasonally adjusted) for the
6 period of the most recent 3 months for which data for all
7 States are published before the close of such week equals
8 or exceeds 6.5% and (2) the average rate of total
9 unemployment in this State (seasonally adjusted) for the
10 3-month period referred to in clause (1) equals or
11 exceeds 110% of such average for either (or both) of the
12 corresponding 3-month periods ending in the 2 preceding
13 calendar years.
14 3. There is a "State 'off' indicator" for a week
15 (a) if the Director determines, in accordance with the
16 regulations of the United States Secretary of Labor or
17 other appropriate Federal agency, that for the period
18 consisting of such week and the immediately preceding
19 twelve weeks, the rate of insured unemployment (not
20 seasonally adjusted) in this State (a) was less than 5%
21 and was less than 120% of the average of such rates for
22 the corresponding 13-week period ending in each of the
23 preceding 2 calendar years, or (b) was less than 4%; and
24 for weeks beginning after September 25, 1982, (1) was
25 less than 6% and less than 120% of the average of such
26 rates for the corresponding 13-week period ending in each
27 of the preceding 2 calendar years, or (2) was less than
28 5%; and (b) if the United States Secretary of Labor
29 determines that (1) the average rate of total
30 unemployment in this State (seasonally adjusted) for the
31 period of the most recent 3 months for which data for all
32 States are published before the close of such week was
33 less than 6.5% or (2) the average rate of total
34 unemployment in this State (seasonally adjusted) for the
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1 3-month period referred to in clause (1) is less than
2 110% of such average for either (or both) of the
3 corresponding 3-month periods ending in the 2 preceding
4 calendar years.
5 4. "Rate of insured unemployment", for the purpose
6 of paragraphs 2 and 3, means the percentage derived by
7 dividing (a) the average weekly number of individuals
8 filing claims for "regular benefits" in this State for
9 weeks of unemployment with respect to the most recent 13
10 consecutive week period, as determined by the Director on
11 the basis of his reports to the United States Secretary
12 of Labor or other appropriate Federal agency, by (b) the
13 average monthly employment covered under this Act for the
14 first four of the most recent six completed calendar
15 quarters ending before the close of such 13-week period.
16 5. "Regular benefits" means benefits, other than
17 extended benefits and additional benefits, payable to an
18 individual (including dependents' allowances) under this
19 Act or under any other State unemployment compensation
20 law (including benefits payable to Federal civilian
21 employees and ex-servicemen pursuant to 5 U.S.C. chapter
22 85).
23 6. "Extended benefits" means benefits (including
24 benefits payable to Federal civilian employees and
25 ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to
26 an individual under the provisions of this Section for
27 weeks which begin in his eligibility period.
28 7. "Additional benefits" means benefits totally
29 financed by a State and payable to exhaustees (as defined
30 in subsection C) by reason of conditions of high
31 unemployment or by reason of other specified factors. If
32 an individual is eligible to receive extended benefits
33 under the provisions of this Section and is eligible to
34 receive additional benefits with respect to the same week
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1 under the law of another State, he may elect to claim
2 either extended benefits or additional benefits with
3 respect to the week.
4 8. "Eligibility period" means the period consisting
5 of the weeks in an individual's benefit year which begin
6 in an extended benefit period and, if his benefit year
7 ends within such extended benefit period, any weeks
8 thereafter which begin in such period.
9 9. Notwithstanding any of the provisions of
10 Sections 1404, 1405B, and 1501, no employer shall be
11 liable for payments in lieu of contributions, and wages
12 shall not become benefit wages, by reason of the payment
13 of extended benefits which are wholly reimbursed to this
14 State by the Federal Government. With respect to
15 extended benefits, paid prior to July 1, 1989, wages
16 shall become benefit wages under Section 1501 only when
17 an individual is first paid such benefits with respect to
18 his eligibility period which are not wholly reimbursed to
19 this State by the Federal Government. Extended benefits,
20 paid on or after July 1, 1989, shall become benefit
21 charges under Section 1501.1 only when any individual is
22 paid such benefits with respect to his eligibility period
23 which are not wholly reimbursed by the Federal
24 Government.
25 B. An individual shall be eligible to receive extended
26 benefits pursuant to this Section for any week which begins
27 in his eligibility period if, with respect to such week (1)
28 he has been paid wages for insured work during his base
29 period equal to at least 1 1/2 times the wages paid in that
30 calendar quarter of his base period in which such wages were
31 highest, provided that this provision applies only with
32 respect to weeks beginning after September 25, 1982; (2) he
33 has met the requirements of Section 500E of this Act; (3) he
34 is an exhaustee; and (4) except when the result would be
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1 inconsistent with the provisions of this Section, he has
2 satisfied the requirements of this Act for the receipt of
3 regular benefits.
4 C. An individual is an exhaustee with respect to a week
5 which begins in his eligibility period if:
6 1. Prior to such week (a) he has received, with
7 respect to his current benefit year that includes such
8 week, the maximum total amount of benefits to which he
9 was entitled under the provisions of Section 403B, and
10 all of the regular benefits (including dependents'
11 allowances) to which he had entitlement (if any) on the
12 basis of wages or employment under any other State
13 unemployment compensation law; or (b) he has received all
14 the regular benefits available to him with respect to his
15 current benefit year that includes such week, under this
16 Act and under any other State unemployment compensation
17 law, after a cancellation of some or all of his wage
18 credits or the partial or total reduction of his regular
19 benefit rights; or (c) his benefit year terminated, and
20 he cannot meet the qualifying wage requirements of
21 Section 500E of this Act or the qualifying wage or
22 employment requirements of any other State unemployment
23 compensation law to establish a new benefit year which
24 would include such week or, having established a new
25 benefit year that includes such week, he is ineligible
26 for regular benefits by reason of Section 607 of this Act
27 or a like provision of any other State unemployment
28 compensation law; and
29 2. For such week (a) he has no right to benefits or
30 allowances, as the case may be, under the Railroad
31 Unemployment Insurance Act, or such other Federal laws as
32 are specified in regulations of the United States
33 Secretary of Labor or other appropriate Federal agency;
34 and (b) he has not received and is not seeking benefits
-22- LRB9004816DNmb
1 under the unemployment compensation law of Canada, except
2 that if he is seeking such benefits and the appropriate
3 agency finally determines that he is not entitled to
4 benefits under such law, this clause shall not apply.
5 3. For the purposes of clauses (a) and (b) of
6 paragraph 1 of this subsection, an individual shall be
7 deemed to have received, with respect to his current
8 benefit year, the maximum total amount of benefits to
9 which he was entitled or all of the regular benefits to
10 which he had entitlement, or all of the regular benefits
11 available to him, as the case may be, even though (a) as
12 a result of a pending reconsideration or appeal with
13 respect to the "finding" defined in Section 701, or of a
14 pending appeal with respect to wages or employment or
15 both under any other State unemployment compensation law,
16 he may subsequently be determined to be entitled to more
17 regular benefits; or (b) by reason of a seasonality
18 provision in a State unemployment compensation law which
19 establishes the weeks of the year for which regular
20 benefits may be paid to individuals on the basis of wages
21 in seasonal employment he may be entitled to regular
22 benefits for future weeks but such benefits are not
23 payable with respect to the week for which he is claiming
24 extended benefits, provided that he is otherwise an
25 exhaustee under the provisions of this subsection with
26 respect to his rights to regular benefits, under such
27 seasonality provision, during the portion of the year in
28 which that week occurs; or (c) having established a
29 benefit year, no regular benefits are payable to him with
30 respect to such year because his wage credits were
31 cancelled or his rights to regular benefits were totally
32 reduced by reason of the application of a
33 disqualification provision of a State unemployment
34 compensation law.
-23- LRB9004816DNmb
1 D. 1. The provisions of Section 607 and the waiting
2 period requirements of Section 500D shall not be
3 applicable to any week with respect to which benefits are
4 otherwise payable under this Section.
5 2. An individual shall not cease to be an exhaustee
6 with respect to any week solely because he meets the
7 qualifying wage requirements of Section 500E for a part
8 of such week.
9 3. For the purposes of this Section, the "base
10 period" referred to in Sections 601 and 602 shall be the
11 base period with respect to the benefit year in which the
12 individual's eligibility period begins.
13 E. With respect to any week which begins in his
14 eligibility period, an exhaustee's "weekly extended benefit
15 amount" shall be the same as his weekly benefit amount during
16 his benefit year which includes such week or, if such week is
17 not in a benefit year, during his applicable benefit year, as
18 defined in regulations issued by the United States Secretary
19 of Labor or other appropriate Federal agency. If the
20 exhaustee had more than one weekly benefit amount during his
21 benefit year, his weekly extended benefit amount with respect
22 to such week shall be the latest of such weekly benefit
23 amounts.
24 F. An eligible exhaustee shall be entitled, during any
25 eligibility period, to a maximum total amount of extended
26 benefits equal to the lesser of the following amounts:
27 1. Fifty percent of the maximum total amount of
28 benefits to which he was entitled under Section 403B
29 during his applicable benefit year; or
30 2. Thirteen times his weekly extended benefit
31 amount as determined under subsection E.
32 3. Notwithstanding subparagraphs 1 and 2 of this
33 subsection F, and if the benefit year of an individual
34 ends within an extended benefit period, the remaining
-24- LRB9004816DNmb
1 balance of extended benefits that the individual would,
2 but for this subsection F, be otherwise entitled to
3 receive in that extended benefit period, for weeks of
4 unemployment beginning after the end of the benefit year,
5 shall be reduced (but not below zero) by the product of
6 the number of weeks for which the individual received any
7 amounts as trade readjustment allowances as defined in
8 the federal Trade Act of 1974 within that benefit year
9 multiplied by his weekly benefit amount for extended
10 benefits.
11 G. 1. A claims adjudicator shall examine the first claim
12 filed by an individual with respect to his eligibility
13 period and, on the basis of the information in his
14 possession, shall make an "extended benefits finding".
15 Such finding shall state whether or not the individual
16 has met the requirement of subsection B(1), is an
17 exhaustee and, if he is, his weekly extended benefit
18 amount and the maximum total amount of extended benefits
19 to which he is entitled. The claims adjudicator shall
20 promptly notify the individual of his "extended benefits
21 finding", and shall promptly notify the individual's most
22 recent employing unit, with respect to benefit years
23 beginning on or after July 1, 1989 and the individual's
24 last employer (referred to in Section 1502.1) that the
25 individual has filed a claim for extended benefits. The
26 claims adjudicator may reconsider his "extended benefits
27 finding" at any time within one year after the close of
28 the individual's eligibility period, and shall promptly
29 notify the individual of such reconsidered finding. All
30 of the provisions of this Act applicable to reviews from
31 findings or reconsidered findings made pursuant to
32 Sections 701 and 703 which are not inconsistent with the
33 provisions of this subsection shall be applicable to
34 reviews from extended benefits findings and reconsidered
-25- LRB9004816DNmb
1 extended benefits findings.
2 2. If, pursuant to the reconsideration or appeal
3 with respect to a "finding", referred to in paragraph 3
4 of subsection C, an exhaustee is found to be entitled to
5 more regular benefits and, by reason thereof, is entitled
6 to more extended benefits, the claims adjudicator shall
7 make a reconsidered extended benefits finding and shall
8 promptly notify the exhaustee thereof.
9 H. Whenever an extended benefit period is to begin in
10 this State because there is a State "on" indicator, or
11 whenever an extended benefit period is to end in this State
12 because there is a State "off" indicator, the Director shall
13 make an appropriate public announcement.
14 I. Computations required by the provisions of paragraph
15 6 of subsection A shall be made by the Director in accordance
16 with regulations prescribed by the United States Secretary of
17 Labor, or other appropriate Federal agency.
18 J. 1. Interstate Benefit Payment Plan means the plan
19 approved by the Interstate Conference of Employment
20 Security Agencies under which benefits shall be payable
21 to unemployed individuals absent from the state (or
22 states) in which benefit credits have been accumulated.
23 2. An individual who commutes from his state of
24 residence to work in another state and continues to
25 reside in such state of residence while filing his claim
26 for unemployment insurance under this Section of the Act
27 shall not be considered filing a claim under the
28 Interstate Benefit Payment Plan so long as he files his
29 claim in and continues to report to the employment office
30 under the regulations applicable to intrastate claimants
31 in the state in which he was so employed.
32 3. "State" when used in this subsection includes
33 States of the United States of America, the District of
34 Columbia, Puerto Rico and the Virgin Islands. For
-26- LRB9004816DNmb
1 purposes of this subsection, the term "state" shall also
2 be construed to include Canada.
3 4. Notwithstanding any other provision of this Act,
4 effective with weeks beginning on or after June 1, 1981
5 an individual shall be eligible for a maximum of 2 weeks
6 of benefits payable under this Section after he files his
7 initial claim for extended benefits in an extended
8 benefit period, as defined in paragraph 1 of subsection
9 A, under the Interstate Benefit Payment Plan unless there
10 also exists an extended benefit period, as defined in
11 paragraph 1 of subsection A, in the state where such
12 claim is filed. Such maximum eligibility shall continue
13 as long as the individual continues to file his claim
14 under the Interstate Benefit Payment Plan,
15 notwithstanding that the individual moves to another
16 state where an extended benefit period exists and files
17 for weeks prior to his initial Interstate claim in that
18 state.
19 5. To assure full tax credit to the employers of
20 this state against the tax imposed by the Federal
21 Unemployment Tax Act, the Director shall take any action
22 or issue any regulations necessary in the administration
23 of this subsection to insure that its provisions are so
24 interpreted and applied as to meet the requirements of
25 such Federal Act as interpreted by the United States
26 Secretary of Labor or other appropriate Federal agency.
27 K. 1. Notwithstanding any other provisions of this Act,
28 an individual shall be ineligible for the payment of
29 extended benefits for any week of unemployment in his
30 eligibility period if the Director finds that during such
31 period:
32 a. he failed to accept any offer of suitable
33 work (as defined in paragraph 3 below) or failed to
34 apply for any suitable work to which he was referred
-27- LRB9004816DNmb
1 by the Director; or
2 b. he failed to actively engage in seeking
3 work as prescribed under paragraph 5 below.
4 2. Any individual who has been found ineligible for
5 extended benefits by reason of the provisions of
6 paragraph 1 of this subsection shall be denied benefits
7 beginning with the first day of the week in which such
8 failure has occurred and until he has been employed in
9 each of 4 subsequent weeks (whether or not consecutive)
10 and has earned remuneration equal to at least 4 times his
11 weekly benefit amount.
12 3. For purposes of this subsection only, the term
13 "suitable work" means, with respect to any individual,
14 any work which is within such individual's capabilities,
15 provided, however, that the gross average weekly
16 remuneration payable for the work must exceed the sum of:
17 a. the individual's extended weekly benefit
18 amount as determined under subsection E above plus
19 b. the amount, if any, of supplemental
20 unemployment benefits (as defined in Section
21 501(c)(17)(D) of the Internal Revenue Code of 1954)
22 payable to such individual for such week; and
23 further,
24 c. pays wages not less than the higher of --
25 (i) the minimum wage provided by Section
26 6 (a)(1) of the Fair Labor Standards Act of
27 1938, without regard to any exemption; or
28 (ii) the applicable state or local
29 minimum wage;
30 d. provided, however, that no individual shall
31 be denied extended benefits for failure to accept an
32 offer of or apply for any job which meets the
33 definition of suitability as described above if:
34 (i) the position was not offered to such
-28- LRB9004816DNmb
1 individual in writing or was not listed with
2 the employment service;
3 (ii) such failure could not result in a
4 denial of benefits under the definition of
5 suitable work for regular benefits claimants in
6 Section 603 to the extent that the criteria of
7 suitability in that Section are not
8 inconsistent with the provisions of this
9 paragraph 3;
10 (iii) the individual furnishes
11 satisfactory evidence to the Director that his
12 prospects for obtaining work in his customary
13 occupation within a reasonably short period are
14 good. If such evidence is deemed satisfactory
15 for this purpose, the determination of whether
16 any work is suitable with respect to such
17 individual shall be made in accordance with the
18 definition of suitable work for regular
19 benefits in Section 603 without regard to the
20 definition specified by this paragraph.
21 4. Notwithstanding the provisions of paragraph 3 to
22 the contrary, no work shall be deemed to be suitable work
23 for an individual which does not accord with the labor
24 standard provisions required by Section 3304(a)(5) of the
25 Internal Revenue Code of 1954 and set forth herein under
26 Section 603 of this Act.
27 5. For the purposes of subparagraph b of paragraph
28 1, an individual shall be treated as actively engaged in
29 seeking work during any week if --
30 a. the individual has engaged in a systematic
31 and sustained effort to obtain work during such
32 week, and
33 b. the individual furnishes tangible evidence
34 that he has engaged in such effort during such week.
-29- LRB9004816DNmb
1 6. The employment service shall refer any
2 individual entitled to extended benefits under this Act
3 to any suitable work which meets the criteria prescribed
4 in paragraph 3.
5 7. Notwithstanding any other provision of this Act,
6 an individual shall not be eligible to receive extended
7 benefits, otherwise payable under this Section, with
8 respect to any week of unemployment in his eligibility
9 period if such individual has been held ineligible for
10 benefits under the provisions of Sections 601, 602 or 603
11 of this Act until such individual had requalified for
12 such benefits by returning to employment and satisfying
13 the monetary requalification provision by earning at
14 least his weekly benefit amount.
15 8. This subsection shall be effective for weeks
16 beginning on or after March 31, 1981, and before March 7,
17 1993, and for weeks beginning on or after January 1,
18 1995.
19 (Source: P.A. 86-3; 87-1266.)
20 (820 ILCS 405/500) (from Ch. 48, par. 420)
21 Sec. 500. Eligibility for benefits. An unemployed
22 individual shall be eligible to receive benefits with respect
23 to any week only if the Director finds that:
24 A. He has registered for work at and thereafter has
25 continued to report at an employment office in accordance
26 with such regulations as the Director may prescribe, except
27 that the Director may, by regulation, waive or alter either
28 or both of the requirements of this subsection as to
29 individuals attached to regular jobs, and as to such other
30 types of cases or situations with respect to which he finds
31 that compliance with such requirements would be oppressive or
32 inconsistent with the purposes of this Act, provided that no
33 such regulation shall conflict with Section 400 of this Act.
-30- LRB9004816DNmb
1 B. He has made a claim for benefits with respect to such
2 week in accordance with such regulations as the Director may
3 prescribe.
4 C. He is able to work, and is available for work;
5 provided that during the period in question he was actively
6 seeking work and he has certified such on a form provided by
7 the Department listing the places at which he has sought
8 work; however, nothing in this subsection shall limit the
9 Director's approval of alternate methods of demonstrating an
10 active search for work based on regular reporting to a trade
11 union office.
12 1. If an otherwise eligible individual is unable to
13 work or is unavailable for work on any normal workday of
14 the week, he shall be eligible to receive benefits with
15 respect to such week reduced by one-fifth of his weekly
16 benefit amount for each day of such inability to work or
17 unavailability for work. For the purposes of this
18 paragraph, an individual who reports on a day subsequent
19 to his designated report day shall be deemed unavailable
20 for work on his report day if his failure to report on
21 that day is without good cause, and on each intervening
22 day, if any, on which his failure to report is without
23 good cause. As used in the preceding sentence, "report
24 day" means the day which has been designated for the
25 individual to report to file his claim for benefits with
26 respect to any week. This paragraph shall not be
27 construed so as to effect any change in the status of
28 part-time workers as defined in Section 407.
29 2. An individual shall be considered to be
30 unavailable for work on days listed as whole holidays in
31 "An Act to revise the law in relation to promissory
32 notes, bonds, due bills and other instruments in
33 writing," approved March 18, 1874, as amended; on days
34 which are holidays in his religion or faith, and on days
-31- LRB9004816DNmb
1 which are holidays according to the custom of his trade
2 or occupation, if his failure to work on such day is a
3 result of the holiday. In determining the claimant's
4 eligibility for benefits and the amount to be paid him,
5 with respect to the week in which such holiday occurs, he
6 shall have attributed to him as additional earnings for
7 that week an amount equal to one-fifth of his weekly
8 benefit amount for each normal work day on which he does
9 not work because of a holiday of the type above
10 enumerated.
11 3. An individual shall be deemed unavailable for
12 work if, after his separation from his most recent
13 employing unit, he has removed himself to and remains in
14 a locality where opportunities for work are substantially
15 less favorable than those in the locality he has left.
16 4. An individual shall be deemed unavailable for
17 work with respect to any week which occurs in a period
18 when his principal occupation is that of a student in
19 attendance at, or on vacation from, a public or private
20 school.
21 5. Notwithstanding any other provisions of this
22 Act, an individual shall not be deemed unavailable for
23 work or to have failed actively to seek work, nor shall
24 he be ineligible for benefits by reason of the
25 application of the provisions of Section 603, with
26 respect to any week, because he is enrolled in and is in
27 regular attendance at a training course approved for him
28 by the Director:
29 (a) but only if, with respect to that week,
30 the individual presents to the claims adjudicator
31 referred to in Section 702 a statement executed by a
32 responsible person connected with the training
33 course, certifying that the individual was in
34 full-time attendance at such course during the week.
-32- LRB9004816DNmb
1 The Director may approve such course for an
2 individual only if he finds that (1) reasonable work
3 opportunities for which the individual is fitted by
4 training and experience do not exist in his
5 locality; (2) the training course relates to an
6 occupation or skill for which there are, or are
7 expected to be in the immediate future, reasonable
8 work opportunities in his locality; (3) the training
9 course is offered by a competent and reliable
10 agency, educational institution, or employing unit;
11 (4) the individual has the required qualifications
12 and aptitudes to complete the course successfully;
13 and (5) the individual is not receiving and is not
14 eligible (other than because he has claimed benefits
15 under this Act) for subsistence payments or similar
16 assistance under any public or private retraining
17 program: Provided, that the Director shall not
18 disapprove such course solely by reason of clause
19 (5) if the subsistence payment or similar assistance
20 is subject to reduction by an amount equal to any
21 benefits payable to the individual under this Act in
22 the absence of the clause. In the event that an
23 individual's weekly unemployment compensation
24 benefit is less than his certified training
25 allowance, that person shall be eligible to receive
26 his entire unemployment compensation benefits, plus
27 such supplemental training allowances that would
28 make an applicant's total weekly benefit identical
29 to the original certified training allowance.
30 (b) The Director shall have the authority to
31 grant approval pursuant to subparagraph (a) above
32 prior to an individual's formal admission into a
33 training course. Requests for approval shall not be
34 made more than 30 days prior to the actual starting
-33- LRB9004816DNmb
1 date of such course. Requests shall be made at the
2 appropriate unemployment office. Notwithstanding any
3 other provision to the contrary, the Director shall
4 approve a course for an individual if the course is
5 provided to the individual under Title III of the
6 federal Job Training Partnership Act.
7 (c) The Director shall for purposes of
8 paragraph C have the authority to issue a blanket
9 approval of training programs implemented pursuant
10 to the Comprehensive Employment and Training Act and
11 the Job Training Partnership Act if both the
12 training program and the criteria for an
13 individual's participation in such training meet the
14 requirements of this paragraph C.
15 (d) Notwithstanding the requirements of
16 subparagraph (a), the Director shall have the
17 authority to issue blanket approval of training
18 programs implemented under the terms of a collective
19 bargaining agreement.
20 6. Notwithstanding any other provisions of this
21 Act, an individual shall not be deemed unavailable for
22 work or to have failed actively to seek work, nor shall
23 he be ineligible for benefits, by reason of the
24 application of the provisions of Section 603 with respect
25 to any week because he is in training approved under
26 Section 236 (a)(1) of the federal Trade Act of 1974, nor
27 shall an individual be ineligible for benefits under the
28 provisions of Section 601 by reason of leaving work
29 voluntarily to enter such training if the work left is
30 not of a substantially equal or higher skill level than
31 the individual's past adversely affected employment as
32 defined under the federal Trade Act of 1974 and the wages
33 for such work are less than 80% of his average weekly
34 wage as determined under the federal Trade Act of 1974.
-34- LRB9004816DNmb
1 D. If his benefit year begins prior to July 6, 1975 or
2 subsequent to January 2, 1982, he has been unemployed for a
3 waiting period of 1 week during such benefit year. If his
4 benefit year begins on or after July 6, l975, but prior to
5 January 3, 1982, and his unemployment continues for more than
6 three weeks during such benefit year, he shall be eligible
7 for benefits with respect to each week of such unemployment,
8 including the first week thereof. An individual shall be
9 deemed to be unemployed within the meaning of this subsection
10 while receiving public assistance as remuneration for
11 services performed on work projects financed from funds made
12 available to governmental agencies for such purpose. No week
13 shall be counted as a week of unemployment for the purposes
14 of this subsection:
15 1. Unless it occurs within the benefit year which
16 includes the week with respect to which he claims payment
17 of benefits, provided that, for benefit years beginning
18 prior to January 3, 1982, this requirement shall not
19 interrupt the payment of benefits for consecutive weeks
20 of unemployment; and provided further that the week
21 immediately preceding a benefit year, if part of one
22 uninterrupted period of unemployment which continues into
23 such benefit year, shall be deemed (for the purpose of
24 this subsection only and with respect to benefit years
25 beginning prior to January 3, 1982, only) to be within
26 such benefit year, as well as within the preceding
27 benefit year, if the unemployed individual would, except
28 for the provisions of the first paragraph and paragraph 1
29 of this subsection and of Section 605, be eligible for
30 and entitled to benefits for such week.
31 2. If benefits have been paid with respect thereto.
32 3. Unless the individual was eligible for benefits
33 with respect thereto except for the requirements of this
34 subsection and of Section 605.
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1 This subsection shall not apply to any week that begins
2 during a period for which the Director determines, in
3 accordance with the regulations of the United States
4 Secretary of Labor or other appropriate federal agency, that
5 for the period consisting of such week and the immediately
6 preceding 12 weeks, the rate of insured unemployment (not
7 seasonally adjusted) in this State equaled or exceeded 6%.
8 E. With respect to any benefit year beginning prior to
9 January 3, 1982, he has been paid during his base period
10 wages for insured work not less than the amount specified in
11 Section 500E of this Act as amended and in effect on October
12 5, 1980. With respect to any benefit year beginning on or
13 after January 3, 1982, he has been paid during his base
14 period wages for insured work equal to not less than $1,600,
15 provided that he has been paid wages for insured work equal
16 to at least $440 during that part of his base period which
17 does not include the calendar quarter in which the wages paid
18 to him were highest.
19 F. During that week he has participated in reemployment
20 services to which he has been referred, including but not
21 limited to job search assistance services, pursuant to a
22 profiling system established by the Director by rule in
23 conformity with Section 303(j)(1) of the federal Social
24 Security Act, unless the Director determines that:
25 1. the individual has completed such services; or
26 2. there is justifiable cause for the claimant's
27 failure to participate in such services.
28 This subsection F is added by this amendatory Act of 1995
29 to clarify authority already provided under subsections A and
30 C in connection with the unemployment insurance claimant
31 profiling system required under subsections (a)(10) and
32 (j)(1) of Section 303 of the federal Social Security Act as a
33 condition of federal funding for the administration of the
34 Unemployment Insurance Act.
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1 (Source: P.A. 88-655, eff. 9-16-94; 89-21, eff. 6-6-95.) !!!
2 (820 ILCS 405/601) (from Ch. 48, par. 431)
3 Sec. 601. Voluntary leaving. A. An individual shall be
4 ineligible for benefits for the week in which he has left
5 work voluntarily without good cause attributable to the
6 employing unit and, thereafter, until he has become
7 reemployed and has had earnings equal to or in excess of his
8 current weekly benefit amount in each of four calendar weeks
9 which are either for services in employment, or have been or
10 will be reported pursuant to the provisions of the Federal
11 Insurance Contributions Act by each employing unit for which
12 such services are performed and which submits a statement
13 certifying to that fact.
14 B. The provisions of this Section shall not apply to an
15 individual who has left work voluntarily:
16 1. Because he is deemed physically unable to perform his
17 work by a licensed and practicing physician, or has left work
18 voluntarily upon the advice of a licensed and practicing
19 physician that assistance is necessary for the purpose of
20 caring for his spouse, child, or parent who is in poor
21 physical health and such assistance will not allow him to
22 perform the usual and customary duties of his employment, and
23 he has notified the employing unit of the reasons for his
24 absence;
25 2. To accept other bona fide work and, after such
26 acceptance, the individual is either not unemployed in each
27 of 2 weeks, or earns remuneration for such work equal to at
28 least twice his current weekly benefit amount;
29 3. In lieu of accepting a transfer to other work offered
30 to the individual by the employing unit under the terms of a
31 collective bargaining agreement or pursuant to an established
32 employer plan, program, or policy, if the acceptance of such
33 other work by the individual would require the separation
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1 from that work of another individual currently performing it;
2 4. Solely because of the sexual harassment of the
3 individual by another employee. Sexual harassment means (1)
4 unwelcome sexual advances, requests for sexual favors,
5 sexually motivated physical contact or other conduct or
6 communication which is made a term or condition of the
7 employment or (2) the employee's submission to or rejection
8 of such conduct or communication which is the basis for
9 decisions affecting employment, or (3) when such conduct or
10 communication has the purpose or effect of substantially
11 interfering with an individual's work performance or creating
12 an intimidating, hostile, or offensive working environment
13 and the employer knows or should know of the existence of the
14 harassment and fails to take timely and appropriate action;
15 5. Which he had accepted after separation from other
16 work, and the work which he left voluntarily would be deemed
17 unsuitable under the provisions of Section 603.
18 6. Due to the loss of child care, despite the
19 individual's reasonable attempt to make adequate child care
20 arrangements.
21 (Source: P.A. 83-197.)
22 (820 ILCS 405/604) (from Ch. 48, par. 434)
23 Sec. 604. Labor dispute. An individual shall be
24 ineligible for benefits for any week with respect to which it
25 is found that his total or partial unemployment is due to a
26 stoppage of work which exists because of a labor dispute at
27 the factory, establishment, or other premises at which he is
28 or was last employed. The term "labor dispute" does not
29 include an individual's refusal to work because of his
30 employer's failure to pay accrued earned wages within 10
31 working days from the date due, or to pay any other
32 uncontested accrued obligation arising out of his employment
33 within 10 working days from the date due.
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1 For the purpose of disqualification under this Section
2 the term "labor dispute" does not include a lockout by an
3 employer, and no individual shall be denied benefits by
4 reason of a lockout, provided that no individual shall be
5 eligible for benefits during a lockout who is ineligible for
6 benefits under another Section of this Act, and provided
7 further that no individual locked out by an employer shall be
8 eligible for benefits for any week during which (1) the
9 employer refuses to meet under reasonable conditions with the
10 recognized or certified collective bargaining representative
11 of the locked out employees refuses to meet under reasonable
12 conditions with the employer to discuss the issues giving
13 rise to the lockout or (2) there is a final adjudication
14 under the National Labor Relations Act that during the period
15 of the lockout the employer has refused to bargain in good
16 faith with the recognized or certified collective bargaining
17 representative of the locked-out employees has refused to
18 bargain in good faith with the employer over issues giving
19 rise to the lockout, or (3) the lockout has resulted as a
20 direct consequence of a violation by the recognized or
21 certified collective bargaining representative of the locked
22 out employees of violates the provisions of an existing
23 collective bargaining agreement. An individual's total or
24 partial unemployment resulting from any reduction in
25 operations or reduction of force or layoff of employees by an
26 employer made in the course of or in anticipation of
27 collective bargaining negotiations between a labor
28 organization and such employer, is not due to a stoppage of
29 work which exists because of a labor dispute until the date
30 of actual commencement of a strike or lockout.
31 This Section shall not apply if it is shown that (A) the
32 individual is not participating in or financing or directly
33 interested in the labor dispute which caused the stoppage of
34 work and (B) he does not belong to a grade or class of
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1 workers of which immediately before the commencement of the
2 stoppage there were members employed at the premises at which
3 the stoppage occurs, any of whom are participating in or
4 financing or directly interested in the dispute; provided,
5 that a lockout by the employer or an individual's failure to
6 cross a picket line at such factory, establishment, or other
7 premises shall not, in itself, be deemed to be participation
8 by him in the labor dispute. If in any case, separate
9 branches of work which are commonly conducted as separate
10 businesses in separate premises are conducted in separate
11 departments of the same premises, each such department shall,
12 for the purpose of this Section, be deemed to be a separate
13 factory, establishment, or other premises.
14 Whenever any claim involves the provisions of this
15 Section, the claims adjudicator referred to in Section 702
16 shall make a separate determination as to the eligibility or
17 ineligibility of the claimant with respect to the provisions
18 of this Section. This separate determination may be appealed
19 to the Director in the manner prescribed by Section 800.
20 (Source: P.A. 85-956.)
21 (820 ILCS 405/612) (from Ch. 48, par. 442)
22 Sec. 612. Academic Personnel - Ineligibility between
23 academic years or terms. A. Benefits based on wages for
24 services which are employment under the provisions of
25 Sections 211.1 and, 211.2, and 302C shall be payable in the
26 same amount, on the same terms, and subject to the same
27 conditions as benefits payable on the basis of wages for
28 other services which are employment under this Act; except
29 that an individual shall be ineligible for benefits, on the
30 basis of wages for services in an instructional, research, or
31 principal administrative capacity performed:
32 (1) For an educational institution, for any week
33 that begins during the period between 2 successive
-40- LRB9004816DNmb
1 academic years, or during a similar period between 2
2 regular terms, whether or not successive, or during a
3 period of paid sabbatical leave provided for in the
4 individual's contract, if the individual performed such
5 service in the first of such academic years (or terms)
6 and if there is a contract or a reasonable assurance that
7 the individual will perform service in any such capacity
8 for any educational institution in the second of such
9 academic years (or terms).
10 (2) For an educational institution for any week
11 that begins during an established and customary vacation
12 period or holiday recess if such individual performs such
13 services in the period immediately before such vacation
14 period or holiday recess, and there is a reasonable
15 assurance that the individual will perform such services
16 in the period immediately following the vacation period
17 or holiday recess.
18 (3) In an educational institution while in the
19 employ of an educational service agency for any week (i)
20 during a period between 2 successive academic years or
21 terms, if the individual performed such service in the
22 first of the academic years or terms and there is a
23 reasonable assurance that the individual will perform
24 such service in the second of such academic years or
25 terms; and (ii) during an established and customary
26 vacation period or holiday recess, if the individual
27 performed such service in the period immediately before
28 such vacation period or holiday recess and there is a
29 reasonable assurance that the individual will perform
30 such service in the period immediately following such
31 vacation period or holiday recess. "Educational service
32 agency" means a governmental agency or governmental
33 entity that is established and operated exclusively for
34 the purpose of providing such services to one or more
-41- LRB9004816DNmb
1 educational institutions.
2 1. An individual shall be ineligible for benefits,
3 on the basis of wages for employment in an instructional,
4 research, or principal administrative capacity performed
5 for an institution of higher education, for any week
6 which begins during the period between two successive
7 academic years, or during a similar period between two
8 regular terms, whether or not successive, or during a
9 period of paid sabbatical leave provided for in the
10 individual's contract, if the individual has a contract
11 or contracts to perform services in any such capacity for
12 any institution or institutions of higher education for
13 both such academic years or both such terms.
14 This paragraph 1 shall apply with respect to any
15 week which begins prior to January 1, 1978.
16 2. An individual shall be ineligible for benefits,
17 on the basis of wages for service in employment in any
18 capacity other than those referred to in paragraph 1,
19 performed for an institution of higher learning, for any
20 week which begins after September 30, 1983, during a
21 period between two successive academic years or terms, if
22 the individual performed such service in the first of
23 such academic years or terms and there is a reasonable
24 assurance that the individual will perform such service
25 in the second of such academic years or terms.
26 3. An individual shall be ineligible for benefits,
27 on the basis of wages for service in employment in any
28 capacity other than those referred to in paragraph 1,
29 performed for an institution of higher education, for any
30 week which begins after January 5, 1985, during an
31 established and customary vacation period or holiday
32 recess, if the individual performed such service in the
33 period immediately before such vacation period or holiday
34 recess and there is a reasonable assurance that the
-42- LRB9004816DNmb
1 individual will perform such service in the period
2 immediately following such vacation period or holiday
3 recess.
4 B. Benefits based on wages for services which are
5 employment under the provisions of Sections 211.1 and 211.2
6 shall be payable in the same amount, on the same terms, and
7 subject to the same conditions, as benefits payable on the
8 basis of wages for other services which are employment under
9 this Act, except that:
10 1. An individual shall be ineligible for benefits,
11 on the basis of wages for service in employment in an
12 instructional, research, or principal administrative
13 capacity performed for an educational institution, for
14 any week which begins after December 31, 1977, during a
15 period between two successive academic years, or during a
16 similar period between two regular terms, whether or not
17 successive, or during a period of paid sabbatical leave
18 provided for in the individual's contract, if the
19 individual performed such service in the first of such
20 academic years (or terms) and if there is a contract or a
21 reasonable assurance that the individual will perform
22 service in any such capacity for any educational
23 institution in the second of such academic years (or
24 terms).
25 2. An individual shall be ineligible for benefits,
26 on the basis of wages for service in employment in any
27 capacity other than those referred to in paragraph 1,
28 performed for an educational institution, for any week
29 which begins after December 31, 1977, during a period
30 between two successive academic years or terms, if the
31 individual performed such service in the first of such
32 academic years or terms and there is a reasonable
33 assurance that the individual will perform such service
34 in the second of such academic years or terms.
-43- LRB9004816DNmb
1 3. An individual shall be ineligible for benefits,
2 on the basis of wages for service in employment in any
3 capacity performed for an educational institution, for
4 any week which begins after January 5, 1985, during an
5 established and customary vacation period or holiday
6 recess, if the individual performed such service in the
7 period immediately before such vacation period or holiday
8 recess and there is a reasonable assurance that the
9 individual will perform such service in the period
10 immediately following such vacation period or holiday
11 recess.
12 4. An individual shall be ineligible for benefits
13 on the basis of wages for service in employment in any
14 capacity performed in an educational institution while in
15 the employ of an educational service agency for any week
16 which begins after January 5, 1985, (a) during a period
17 between two successive academic years or terms, if the
18 individual performed such service in the first of such
19 academic years or terms and there is a reasonable
20 assurance that the individual will perform such service
21 in the second of such academic years or terms; and (b)
22 during an established and customary vacation period or
23 holiday recess, if the individual performed such service
24 in the period immediately before such vacation period or
25 holiday recess and there is a reasonable assurance that
26 the individual will perform such service in the period
27 immediately following such vacation period or holiday
28 recess. The term "educational service agency" means a
29 governmental agency or governmental entity which is
30 established and operated exclusively for the purpose of
31 providing such services to one or more educational
32 institutions.
33 C. 1. If benefits are denied to any individual under the
34 provisions of paragraph 2 of either subsection A or B of this
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1 Section for any week which begins on or after September 3,
2 1982 and such individual is not offered a bona fide
3 opportunity to perform such services for the educational
4 institution for the second of such academic years or terms,
5 such individual shall be entitled to a retroactive payment of
6 benefits for each week for which the individual filed a
7 timely claim for benefits as determined by the rules and
8 regulations issued by the Director for the filing of claims
9 for benefits, provided that such benefits were denied solely
10 because of the provisions of paragraph 2 of either subsection
11 A or B of this Section.
12 2. If benefits on the basis of wages for service in
13 employment in other than an instructional, research, or
14 principal administrative capacity performed in an educational
15 institution while in the employ of an educational service
16 agency are denied to any individual under the provisions of
17 subparagraph (a) of paragraph 4 of subsection B and such
18 individual is not offered a bona fide opportunity to perform
19 such services in an educational institution while in the
20 employ of an educational service agency for the second of
21 such academic years or terms, such individual shall be
22 entitled to a retroactive payment of benefits for each week
23 for which the individual filed a timely claim for benefits as
24 determined by the rules and regulations issued by the
25 Director for the filing of claims for benefits, provided that
26 such benefits were denied solely because of subparagraph (a)
27 of paragraph 4 of subsection B of this Section.
28 (Source: P.A. 87-1178.)