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91_HB4162
LRB9112449RCpk
1 AN ACT to amend the Unemployment Insurance Act by
2 changing Section 401.
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 Section 401 as follows:
7 (820 ILCS 405/401) (from Ch. 48, par. 401)
8 Sec. 401. Weekly Benefit Amount - Dependents'
9 Allowances.
10 A. With respect to any week beginning prior to April 24,
11 1983, an individual's weekly benefit amount shall be an
12 amount equal to the weekly benefit amount as defined in this
13 Act as in effect on November 30, 1982.
14 B. 1. With respect to any week beginning on or after
15 April 24, 1983 and before January 3, 1988, an individual's
16 weekly benefit amount shall be 48% of his prior average
17 weekly wage, rounded (if not already a multiple of one
18 dollar) to the next higher dollar; provided, however, that
19 the weekly benefit amount cannot exceed the maximum weekly
20 benefit amount, and cannot be less than 15% of the statewide
21 average weekly wage, rounded (if not already a multiple of
22 one dollar) to the next higher dollar. However, the weekly
23 benefit amount for an individual who has established a
24 benefit year beginning before April 24, 1983, shall be
25 determined, for weeks beginning on or after April 24, 1983
26 claimed with respect to that benefit year, as provided under
27 this Act as in effect on November 30, 1982. With respect to
28 any week beginning on or after January 3, 1988 and before
29 January 1, 1993, an individual's weekly benefit amount shall
30 be 49% of his prior average weekly wage, rounded (if not
31 already a multiple of one dollar) to the next higher dollar;
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1 provided, however, that the weekly benefit amount cannot
2 exceed the maximum weekly benefit amount, and cannot be less
3 than $51. With respect to any week beginning on or after
4 January 3, 1993 and before January 7, 2001, an individual's
5 weekly benefit amount shall be 49.5% of his prior average
6 weekly wage, rounded (if not already a multiple of one
7 dollar) to the next higher dollar; provided, however, that
8 the weekly benefit amount cannot exceed the maximum weekly
9 benefit amount and cannot be less than $51. With respect to
10 any week beginning on or after January 7, 2001, an
11 individual's weekly benefit amount shall be 50% of his or her
12 prior average weekly wage, rounded (if not already a multiple
13 of $1) to the next higher dollar; provided, however, that the
14 weekly benefit amount cannot exceed the maximum weekly
15 benefit amount and cannot be less than $51.
16 2. For the purposes of this subsection:
17 With respect to any week beginning on or after April 24,
18 1983 and before January 7, 2001, an individual's "prior
19 average weekly wage" means the total wages for insured work
20 paid to that individual during the 2 calendar quarters of his
21 base period in which such total wages were highest, divided
22 by 26. If the quotient is not already a multiple of one
23 dollar, it shall be rounded to the nearest dollar; however if
24 the quotient is equally near 2 multiples of one dollar, it
25 shall be rounded to the higher multiple of one dollar.
26 With respect to any week beginning on or after January 7,
27 2001, an individual's "prior average weekly wage" means the
28 total wages for insured work paid to that individual during
29 the calendar quarter of his or her base period in which such
30 total wages were highest, divided by 13. If the quotient is
31 not already a multiple of $1, it shall be rounded to the
32 nearest dollar; however, if the quotient is equally near 2
33 multiples of $1, it shall be rounded to the higher multiple
34 of $1.
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1 "Determination date" means June 1, 1982, December 1, 1982
2 and December 1 of each succeeding calendar year thereafter.
3 However, if as of June 30, 1982, or any June 30 thereafter,
4 the net amount standing to the credit of this State's account
5 in the unemployment trust fund (less all outstanding advances
6 to that account, including advances pursuant to Title XII of
7 the federal Social Security Act) is greater than
8 $100,000,000, "determination date" shall mean December 1 of
9 that year and June 1 of the succeeding year. Notwithstanding
10 the preceding sentence, for the purposes of this Act only,
11 there shall be no June 1 determination date in any year after
12 1986.
13 "Determination period" means, with respect to each June 1
14 determination date, the 12 consecutive calendar months ending
15 on the immediately preceding December 31 and, with respect to
16 each December 1 determination date, the 12 consecutive
17 calendar months ending on the immediately preceding June 30.
18 "Benefit period" means the 12 consecutive calendar month
19 period beginning on the first day of the first calendar month
20 immediately following a determination date, except that, with
21 respect to any calendar year in which there is a June 1
22 determination date, "benefit period" shall mean the 6
23 consecutive calendar month period beginning on the first day
24 of the first calendar month immediately following the
25 preceding December 1 determination date and the 6 consecutive
26 calendar month period beginning on the first day of the first
27 calendar month immediately following the June 1 determination
28 date. Notwithstanding the foregoing sentence, the 6 calendar
29 months beginning January 1, 1982 and ending June 30, 1982
30 shall be deemed a benefit period with respect to which the
31 determination date shall be June 1, 1981.
32 "Gross wages" means all the wages paid to individuals
33 during the determination period immediately preceding a
34 determination date for insured work, and reported to the
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1 Director by employers prior to the first day of the third
2 calendar month preceding that date.
3 "Covered employment" for any calendar month means the
4 total number of individuals, as determined by the Director,
5 engaged in insured work at mid-month.
6 "Average monthly covered employment" means one-twelfth of
7 the sum of the covered employment for the 12 months of a
8 determination period.
9 "Statewide average annual wage" means the quotient,
10 obtained by dividing gross wages by average monthly covered
11 employment for the same determination period, rounded (if not
12 already a multiple of one cent) to the nearest cent.
13 "Statewide average weekly wage" means the quotient,
14 obtained by dividing the statewide average annual wage by 52,
15 rounded (if not already a multiple of one cent) to the
16 nearest cent. Notwithstanding any provisions of this Section
17 to the contrary, the statewide average weekly wage for the
18 benefit period beginning July 1, 1982 and ending December 31,
19 1982 shall be the statewide average weekly wage in effect for
20 the immediately preceding benefit period plus one-half of the
21 result obtained by subtracting the statewide average weekly
22 wage for the immediately preceding benefit period from the
23 statewide average weekly wage for the benefit period
24 beginning July 1, 1982 and ending December 31, 1982 as such
25 statewide average weekly wage would have been determined but
26 for the provisions of this paragraph. Notwithstanding any
27 provisions of this Section to the contrary, the statewide
28 average weekly wage for the benefit period beginning April
29 24, 1983 and ending January 31, 1984 shall be $321 and for
30 the benefit period beginning February 1, 1984 and ending
31 December 31, 1986 shall be $335, and for the benefit period
32 beginning January 1, 1987, and ending December 31, 1987,
33 shall be $350, except that for an individual who has
34 established a benefit year beginning before April 24, 1983,
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1 the statewide average weekly wage used in determining
2 benefits, for any week beginning on or after April 24, 1983,
3 claimed with respect to that benefit year, shall be $334.80,
4 except that, for the purpose of determining the minimum
5 weekly benefit amount under subsection B(1) for the benefit
6 period beginning January 1, 1987, and ending December 31,
7 1987, the statewide average weekly wage shall be $335; for
8 the benefit periods January 1, 1988 through December 31,
9 1988, January 1, 1989 through December 31, 1989, and January
10 1, 1990 through December 31, 1990, the statewide average
11 weekly wage shall be $359, $381, and $406, respectively.
12 Notwithstanding the preceding sentences of this paragraph,
13 for the benefit period of calendar year 1991, the statewide
14 average weekly wage shall be $406 plus (or minus) an amount
15 equal to the percentage change in the statewide average
16 weekly wage, as computed in accordance with the preceding
17 sentences of this paragraph, between the benefit periods of
18 calendar years 1989 and 1990, multiplied by $406; and, for
19 the benefit periods of calendar years 1992 through 2003 and
20 calendar year 2005 and each calendar year thereafter, the
21 statewide average weekly wage, shall be the statewide average
22 weekly wage, as determined in accordance with this sentence,
23 for the immediately preceding benefit period plus (or minus)
24 an amount equal to the percentage change in the statewide
25 average weekly wage, as computed in accordance with the
26 preceding sentences of this paragraph, between the 2
27 immediately preceding benefit periods, multiplied by the
28 statewide average weekly wage, as determined in accordance
29 with this sentence, for the immediately preceding benefit
30 period. For the benefit period of 2004, the statewide average
31 weekly wage shall be $600. Provided however, that for any
32 benefit period after December 31, 1990, if 2 of the following
33 3 factors occur, then the statewide average weekly wage shall
34 be the statewide average weekly wage in effect for the
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1 immediately preceding benefit period: (a) the average
2 contribution rate for all employers in this State for the
3 calendar year 2 years prior to the benefit period, as a ratio
4 of total contribution payments (including payments in lieu of
5 contributions) to total wages reported by employers in this
6 State for that same period is 0.2% greater than the national
7 average of this ratio, the foregoing to be determined in
8 accordance with rules promulgated by the Director; (b) the
9 balance in this State's account in the unemployment trust
10 fund, as of March 31 of the prior calendar year, is less than
11 $250,000,000; or (c) the number of first payments of initial
12 claims, as determined in accordance with rules promulgated by
13 the Director, for the one year period ending on June 30 of
14 the prior year, has increased more than 25% over the average
15 number of such payments during the 5 year period ending that
16 same June 30; and provided further that if (a), (b) and (c)
17 occur, then the statewide average weekly wage, as determined
18 in accordance with the preceding sentence, shall be 10% less
19 than it would have been but for these provisions. If the
20 reduced amount, computed in accordance with the preceding
21 sentence, is not already a multiple of one dollar, it shall
22 be rounded to the nearest dollar. The 10% reduction in the
23 statewide average weekly wage in the preceding sentence shall
24 not be in effect for more than 2 benefit periods of any 5
25 consecutive benefit periods. This 10% reduction shall not be
26 cumulative from year to year. Neither the freeze nor the
27 reduction shall be considered in the determination of
28 subsequent years' calculations of statewide average weekly
29 wage. However, for purposes of the Workers' Compensation Act,
30 the statewide average weekly wage will be computed using June
31 1 and December 1 determination dates of each calendar year
32 and such determination shall not be subject to the limitation
33 of $321, $335, $350, $359, $381, $406 or the statewide
34 average weekly wage as computed in accordance with the
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1 preceding 7 sentences of this paragraph.
2 With respect to any week beginning on or after April 24,
3 1983 and before January 3, 1988, "maximum weekly benefit
4 amount" means 48% of the statewide average weekly wage,
5 rounded (if not already a multiple of one dollar) to the
6 nearest dollar, provided however, that the maximum weekly
7 benefit amount for an individual who has established a
8 benefit year beginning before April 24, 1983, shall be
9 determined, for weeks beginning on or after April 24, 1983
10 claimed with respect to that benefit year, as provided under
11 this Act as amended and in effect on November 30, 1982,
12 except that the statewide average weekly wage used in such
13 determination shall be $334.80.
14 With respect to any week beginning after January 2, 1988
15 and before January 1, 1993, "maximum weekly benefit amount"
16 with respect to each week beginning within a benefit period
17 means 49% of the statewide average weekly wage, rounded (if
18 not already a multiple of one dollar) to the next higher
19 dollar.
20 With respect to any week beginning on or after January 3,
21 1993 and before January 7, 2001, "maximum weekly benefit
22 amount" with respect to each week beginning within a benefit
23 period means 49.5% of the statewide average weekly wage,
24 rounded (if not already a multiple of one dollar) to the next
25 higher dollar. With respect to any week beginning on or after
26 January 7, 2001, "maximum weekly benefit amount", with
27 respect to each week beginning within a benefit period, means
28 50% of the statewide average weekly wage, rounded (if not
29 already a multiple of $1) to the next higher dollar.
30 C. With respect to any week beginning on or after April
31 24, 1983 and before January 3, 1988, an individual to whom
32 benefits are payable with respect to any week shall, in
33 addition to such benefits, be paid, with respect to such
34 week, as follows: in the case of an individual with a
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1 nonworking spouse, 7% of his prior average weekly wage,
2 rounded (if not already a multiple of one dollar) to the
3 higher dollar; provided, that the total amount payable to the
4 individual with respect to a week shall not exceed 55% of the
5 statewide average weekly wage, rounded (if not already a
6 multiple of one dollar) to the nearest dollar; and in the
7 case of an individual with a dependent child or dependent
8 children, 14.4% of his prior average weekly wage, rounded (if
9 not already a multiple of one dollar) to the higher dollar;
10 provided, that the total amount payable to the individual
11 with respect to a week shall not exceed 62.4% of the
12 statewide average weekly wage, rounded (if not already a
13 multiple of one dollar) to the next higher dollar with
14 respect to the benefit period beginning January 1, 1987 and
15 ending December 31, 1987, and otherwise to the nearest
16 dollar. However, for an individual with a nonworking spouse
17 or with a dependent child or children who has established a
18 benefit year beginning before April 24, 1983, the amount of
19 additional benefits payable on account of the nonworking
20 spouse or dependent child or children shall be determined,
21 for weeks beginning on or after April 24, 1983 claimed with
22 respect to that benefit year, as provided under this Act as
23 in effect on November 30, 1982, except that the statewide
24 average weekly wage used in such determination shall be
25 $334.80.
26 With respect to any week beginning on or after January 2,
27 1988 and before January 1, 1991 and any week beginning on or
28 after January 1, 1992, and before January 1, 1993, an
29 individual to whom benefits are payable with respect to any
30 week shall, in addition to those benefits, be paid, with
31 respect to such week, as follows: in the case of an
32 individual with a nonworking spouse, 8% of his prior average
33 weekly wage, rounded (if not already a multiple of one
34 dollar) to the next higher dollar, provided, that the total
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1 amount payable to the individual with respect to a week
2 shall not exceed 57% of the statewide average weekly wage,
3 rounded (if not already a multiple of one dollar) to the next
4 higher dollar; and in the case of an individual with a
5 dependent child or dependent children, 15% of his prior
6 average weekly wage, rounded (if not already a multiple of
7 one dollar) to the next higher dollar, provided that the
8 total amount payable to the individual with respect to a week
9 shall not exceed 64% of the statewide average weekly wage,
10 rounded (if not already a multiple of one dollar) to the next
11 higher dollar.
12 With respect to any week beginning on or after January 1,
13 1991 and before January 1, 1992, an individual to whom
14 benefits are payable with respect to any week shall, in
15 addition to the benefits, be paid, with respect to such week,
16 as follows: in the case of an individual with a nonworking
17 spouse, 8.3% of his prior average weekly wage, rounded (if
18 not already a multiple of one dollar) to the next higher
19 dollar, provided, that the total amount payable to the
20 individual with respect to a week shall not exceed 57.3% of
21 the statewide average weekly wage, rounded (if not already a
22 multiple of one dollar) to the next higher dollar; and in the
23 case of an individual with a dependent child or dependent
24 children, 15.3% of his prior average weekly wage, rounded (if
25 not already a multiple of one dollar) to the next higher
26 dollar, provided that the total amount payable to the
27 individual with respect to a week shall not exceed 64.3% of
28 the statewide average weekly wage, rounded (if not already a
29 multiple of one dollar) to the next higher dollar.
30 With respect to any week beginning on or after January 3,
31 1993 and before January 7, 2001, an individual to whom
32 benefits are payable with respect to any week shall, in
33 addition to those benefits, be paid, with respect to such
34 week, as follows: in the case of an individual with a
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1 nonworking spouse, 9% of his prior average weekly wage,
2 rounded (if not already a multiple of one dollar) to the next
3 higher dollar, provided, that the total amount payable to the
4 individual with respect to a week shall not exceed 58.5% of
5 the statewide average weekly wage, rounded (if not already a
6 multiple of one dollar) to the next higher dollar; and in the
7 case of an individual with a dependent child or dependent
8 children, 16% of his prior average weekly wage, rounded (if
9 not already a multiple of one dollar) to the next higher
10 dollar, provided that the total amount payable to the
11 individual with respect to a week shall not exceed 65.5% of
12 the statewide average weekly wage, rounded (if not already a
13 multiple of one dollar) to the next higher dollar.
14 With respect to any week beginning on or after January 7,
15 2001, an individual to whom benefits are payable with respect
16 to any week shall, in addition to those benefits, be paid,
17 with respect to such week, as follows: in the case of an
18 individual with a non-working spouse, 10% of his or her prior
19 average weekly wage, rounded (if not already a multiple of
20 $1) to the next higher dollar, provided that the total amount
21 payable to the individual with respect to a week shall not
22 exceed 60% of the statewide average weekly wage, rounded (if
23 not already a multiple of $1) to the next higher dollar; and
24 in the case of an individual with a dependent child or
25 dependent children, 16 2/3% of his or her prior average
26 weekly wage, rounded (if not already a multiple of $1) to the
27 next higher dollar, provided that the total amount payable to
28 the individual with respect to a week shall not exceed 66
29 2/3% of the statewide average weekly wage, rounded (if not
30 already a multiple of $1) to the next higher dollar.
31 For the purposes of this subsection:
32 "Dependent" means a child or a nonworking spouse.
33 "Child" means a natural child, stepchild, or adopted
34 child of an individual claiming benefits under this Act or a
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1 child who is in the custody of any such individual by court
2 order, for whom the individual is supplying and, for at least
3 90 consecutive days (or for the duration of the parental
4 relationship if it has existed for less than 90 days)
5 immediately preceding any week with respect to which the
6 individual has filed a claim, has supplied more than one-half
7 the cost of support, or has supplied at least 1/4 of the cost
8 of support if the individual and the other parent, together,
9 are supplying and, during the aforesaid period, have supplied
10 more than one-half the cost of support, and are, and were
11 during the aforesaid period, members of the same household;
12 and who, on the first day of such week (a) is under 18 years
13 of age, or (b) is, and has been during the immediately
14 preceding 90 days, unable to work because of illness or other
15 disability: provided, that no person who has been determined
16 to be a child of an individual who has been allowed benefits
17 with respect to a week in the individual's benefit year shall
18 be deemed to be a child of the other parent, and no other
19 person shall be determined to be a child of such other
20 parent, during the remainder of that benefit year.
21 "Nonworking spouse" means the lawful husband or wife of
22 an individual claiming benefits under this Act, for whom more
23 than one-half the cost of support has been supplied by the
24 individual for at least 90 consecutive days (or for the
25 duration of the marital relationship if it has existed for
26 less than 90 days) immediately preceding any week with
27 respect to which the individual has filed a claim, but only
28 if the nonworking spouse is currently ineligible to receive
29 benefits under this Act by reason of the provisions of
30 Section 500E.
31 An individual who was obligated by law to provide for the
32 support of a child or of a nonworking spouse for the
33 aforesaid period of 90 consecutive days, but was prevented by
34 illness or injury from doing so, shall be deemed to have
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1 provided more than one-half the cost of supporting the child
2 or nonworking spouse for that period.
3 (Source: P.A. 90-554, eff. 12-12-97; 91-342, eff. 7-29-99.)