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91_HB4429 LRB9113152STsb 1 AN ACT to amend the Unemployment Insurance Act. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unemployment Insurance Act is amended by 5 changing Section 401 as follows: 6 (820 ILCS 405/401) (from Ch. 48, par. 401) 7 Sec. 401. Weekly Benefit Amount - Dependents' 8 Allowances. 9 A. With respect to any week beginning prior to April 24, 10 1983, an individual's weekly benefit amount shall be an 11 amount equal to the weekly benefit amount as defined in this 12 Act as in effect on November 30, 1982. 13 B. 1. With respect to any week beginning on or after 14 April 24, 1983 and before January 3, 1988, an individual's 15 weekly benefit amount shall be 48% of his prior average 16 weekly wage, rounded (if not already a multiple of one 17 dollar) to the next higher dollar; provided, however, that 18 the weekly benefit amount cannot exceed the maximum weekly 19 benefit amount, and cannot be less than 15% of the statewide 20 average weekly wage, rounded (if not already a multiple of 21 one dollar) to the next higher dollar. However, the weekly 22 benefit amount for an individual who has established a 23 benefit year beginning before April 24, 1983, shall be 24 determined, for weeks beginning on or after April 24, 1983 25 claimed with respect to that benefit year, as provided under 26 this Act as in effect on November 30, 1982. With respect to 27 any week beginning on or after January 3, 1988 and before 28 January 1, 1993, an individual's weekly benefit amount shall 29 be 49% of his prior average weekly wage, rounded (if not 30 already a multiple of one dollar) to the next higher dollar; 31 provided, however, that the weekly benefit amount cannot -2- LRB9113152STsb 1 exceed the maximum weekly benefit amount, and cannot be less 2 than $51. With respect to any week beginning on or after 3 January 3, 1993, an individual's weekly benefit amount shall 4 be 49.5% of his prior average weekly wage, rounded (if not 5 already a multiple of one dollar) to the next higher dollar; 6 provided, however, that the weekly benefit amount cannot 7 exceed the maximum weekly benefit amount and cannot be less 8 than $51. 9 2. For the purposes of this subsection: 10 With respect to any week beginning on or after April 24, 11 1983, an individual's "prior average weekly wage" means the 12 total wages for insured work paid to that individual during 13 the 2 calendar quarters of his base period in which such 14 total wages were highest, divided by 26. If the quotient is 15 not already a multiple of one dollar, it shall be rounded to 16 the nearest dollar; however if the quotient is equally near 2 17 multiples of one dollar, it shall be rounded to the higher 18 multiple of one dollar. 19 "Determination date" means June 1, 1982, December 1, 1982 20 and December 1 of each succeeding calendar year thereafter. 21 However, if as of June 30, 1982, or any June 30 thereafter, 22 the net amount standing to the credit of this State's account 23 in the unemployment trust fund (less all outstanding advances 24 to that account, including advances pursuant to Title XII of 25 the federal Social Security Act) is greater than 26 $100,000,000, "determination date" shall mean December 1 of 27 that year and June 1 of the succeeding year. Notwithstanding 28 the preceding sentence, for the purposes of this Act only, 29 there shall be no June 1 determination date in any year after 30 1986. 31 "Determination period" means, with respect to each June 1 32 determination date, the 12 consecutive calendar months ending 33 on the immediately preceding December 31 and, with respect to 34 each December 1 determination date, the 12 consecutive -3- LRB9113152STsb 1 calendar months ending on the immediately preceding June 30. 2 "Benefit period" means the 12 consecutive calendar month 3 period beginning on the first day of the first calendar month 4 immediately following a determination date, except that, with 5 respect to any calendar year in which there is a June 1 6 determination date, "benefit period" shall mean the 6 7 consecutive calendar month period beginning on the first day 8 of the first calendar month immediately following the 9 preceding December 1 determination date and the 6 consecutive 10 calendar month period beginning on the first day of the first 11 calendar month immediately following the June 1 determination 12 date. Notwithstanding the foregoing sentence, the 6 calendar 13 months beginning January 1, 1982 and ending June 30, 1982 14 shall be deemed a benefit period with respect to which the 15 determination date shall be June 1, 1981. 16 "Gross wages" means all the wages paid to individuals 17 during the determination period immediately preceding a 18 determination date for insured work, and reported to the 19 Director by employers prior to the first day of the third 20 calendar month preceding that date. 21 "Covered employment" for any calendar month means the 22 total number of individuals, as determined by the Director, 23 engaged in insured work at mid-month. 24 "Average monthly covered employment" means one-twelfth of 25 the sum of the covered employment for the 12 months of a 26 determination period. 27 "Statewide average annual wage" means the quotient, 28 obtained by dividing gross wages by average monthly covered 29 employment for the same determination period, rounded (if not 30 already a multiple of one cent) to the nearest cent. 31 "Statewide average weekly wage" means the quotient, 32 obtained by dividing the statewide average annual wage by 52, 33 rounded (if not already a multiple of one cent) to the 34 nearest cent. Notwithstanding any provisions of this Section -4- LRB9113152STsb 1 to the contrary, the statewide average weekly wage for the 2 benefit period beginning July 1, 1982 and ending December 31, 3 1982 shall be the statewide average weekly wage in effect for 4 the immediately preceding benefit period plus one-half of the 5 result obtained by subtracting the statewide average weekly 6 wage for the immediately preceding benefit period from the 7 statewide average weekly wage for the benefit period 8 beginning July 1, 1982 and ending December 31, 1982 as such 9 statewide average weekly wage would have been determined but 10 for the provisions of this paragraph. Notwithstanding any 11 provisions of this Section to the contrary, the statewide 12 average weekly wage for the benefit period beginning April 13 24, 1983 and ending January 31, 1984 shall be $321 and for 14 the benefit period beginning February 1, 1984 and ending 15 December 31, 1986 shall be $335, and for the benefit period 16 beginning January 1, 1987, and ending December 31, 1987, 17 shall be $350, except that for an individual who has 18 established a benefit year beginning before April 24, 1983, 19 the statewide average weekly wage used in determining 20 benefits, for any week beginning on or after April 24, 1983, 21 claimed with respect to that benefit year, shall be $334.80, 22 except that, for the purpose of determining the minimum 23 weekly benefit amount under subsection B(1) for the benefit 24 period beginning January 1, 1987, and ending December 31, 25 1987, the statewide average weekly wage shall be $335; for 26 the benefit periods January 1, 1988 through December 31, 27 1988, January 1, 1989 through December 31, 1989, and January 28 1, 1990 through December 31, 1990, the statewide average 29 weekly wage shall be $359, $381, and $406, respectively. 30 Notwithstanding the preceding sentences of this paragraph, 31 for the benefit period of calendar year 1991, the statewide 32 average weekly wage shall be $406 plus (or minus) an amount 33 equal to the percentage change in the statewide average 34 weekly wage, as computed in accordance with the preceding -5- LRB9113152STsb 1 sentences of this paragraph, between the benefit periods of 2 calendar years 1989 and 1990, multiplied by $406; and, for 3 the benefit periods of calendar years 1992 through 200020034and calendar year 2005 and each calendar year thereafter, the 5 statewide average weekly wage, shall be the statewide average 6 weekly wage, as determined in accordance with this sentence, 7 for the immediately preceding benefit period plus (or minus) 8 an amount equal to the percentage change in the statewide 9 average weekly wage, as computed in accordance with the 10 preceding sentences of this paragraph, between the 2 11 immediately preceding benefit periods, multiplied by the 12 statewide average weekly wage, as determined in accordance 13 with this sentence, for the immediately preceding benefit 14 period.For the benefit period of 2004, the statewide average15weekly wage shall be $600.Provided however, that for any 16 benefit period after December 31, 1990, if 2 of the following 17 3 factors occur, then the statewide average weekly wage shall 18 be the statewide average weekly wage in effect for the 19 immediately preceding benefit period: (a) the average 20 contribution rate for all employers in this State for the 21 calendar year 2 years prior to the benefit period, as a ratio 22 of total contribution payments (including payments in lieu of 23 contributions) to total wages reported by employers in this 24 State for that same period is 0.2% greater than the national 25 average of this ratio, the foregoing to be determined in 26 accordance with rules promulgated by the Director; (b) the 27 balance in this State's account in the unemployment trust 28 fund, as of March 31 of the prior calendar year, is less than 29 $250,000,000; or (c) the number of first payments of initial 30 claims, as determined in accordance with rules promulgated by 31 the Director, for the one year period ending on June 30 of 32 the prior year, has increased more than 25% over the average 33 number of such payments during the 5 year period ending that 34 same June 30; and provided further that if (a), (b) and (c) -6- LRB9113152STsb 1 occur, then the statewide average weekly wage, as determined2in accordance with the preceding sentence, shall be 10% less 3 than it would have been but for these provisions. If the 4 reduced amount, computed in accordance with the preceding 5 sentence, is not already a multiple of one dollar, it shall 6 be rounded to the nearest dollar. The 10% reduction in the 7 statewide average weekly wage in the preceding sentence shall 8 not be in effect for more than 2 benefit periods of any 5 9 consecutive benefit periods. This 10% reduction shall not be 10 cumulative from year to year. Neither the freeze nor the 11 reduction shall be considered in the determination of 12 subsequent years' calculations of statewide average weekly 13 wage. However, for purposes of the Workers' Compensation Act, 14 the statewide average weekly wage will be computed using June 15 1 and December 1 determination dates of each calendar year 16 and such determination shall not be subject to the limitation 17 of $321, $335, $350, $359, $381, $406 or the statewide 18 average weekly wage as computed in accordance with the 19 preceding 67sentences of this paragraph. 20 With respect to any week beginning on or after April 24, 21 1983 and before January 3, 1988, "maximum weekly benefit 22 amount" means 48% of the statewide average weekly wage, 23 rounded (if not already a multiple of one dollar) to the 24 nearest dollar, provided however, that the maximum weekly 25 benefit amount for an individual who has established a 26 benefit year beginning before April 24, 1983, shall be 27 determined, for weeks beginning on or after April 24, 1983 28 claimed with respect to that benefit year, as provided under 29 this Act as amended and in effect on November 30, 1982, 30 except that the statewide average weekly wage used in such 31 determination shall be $334.80. 32 With respect to any week beginning after January 2, 1988 33 and before January 1, 1993, "maximum weekly benefit amount" 34 with respect to each week beginning within a benefit period -7- LRB9113152STsb 1 means 49% of the statewide average weekly wage, rounded (if 2 not already a multiple of one dollar) to the next higher 3 dollar. 4 With respect to any week beginning on or after January 3, 5 1993, "maximum weekly benefit amount" with respect to each 6 week beginning within a benefit period means 49.5% of the 7 statewide average weekly wage, rounded (if not already a 8 multiple of one dollar) to the next higher dollar. 9 C. With respect to any week beginning on or after April 10 24, 1983 and before January 3, 1988, an individual to whom 11 benefits are payable with respect to any week shall, in 12 addition to such benefits, be paid, with respect to such 13 week, as follows: in the case of an individual with a 14 nonworking spouse, 7% of his prior average weekly wage, 15 rounded (if not already a multiple of one dollar) to the 16 higher dollar; provided, that the total amount payable to the 17 individual with respect to a week shall not exceed 55% of the 18 statewide average weekly wage, rounded (if not already a 19 multiple of one dollar) to the nearest dollar; and in the 20 case of an individual with a dependent child or dependent 21 children, 14.4% of his prior average weekly wage, rounded (if 22 not already a multiple of one dollar) to the higher dollar; 23 provided, that the total amount payable to the individual 24 with respect to a week shall not exceed 62.4% of the 25 statewide average weekly wage, rounded (if not already a 26 multiple of one dollar) to the next higher dollar with 27 respect to the benefit period beginning January 1, 1987 and 28 ending December 31, 1987, and otherwise to the nearest 29 dollar. However, for an individual with a nonworking spouse 30 or with a dependent child or children who has established a 31 benefit year beginning before April 24, 1983, the amount of 32 additional benefits payable on account of the nonworking 33 spouse or dependent child or children shall be determined, 34 for weeks beginning on or after April 24, 1983 claimed with -8- LRB9113152STsb 1 respect to that benefit year, as provided under this Act as 2 in effect on November 30, 1982, except that the statewide 3 average weekly wage used in such determination shall be 4 $334.80. 5 With respect to any week beginning on or after January 2, 6 1988 and before January 1, 1991 and any week beginning on or 7 after January 1, 1992, and before January 1, 1993, an 8 individual to whom benefits are payable with respect to any 9 week shall, in addition to those benefits, be paid, with 10 respect to such week, as follows: in the case of an 11 individual with a nonworking spouse, 8% of his prior average 12 weekly wage, rounded (if not already a multiple of one 13 dollar) to the next higher dollar, provided, that the total 14 amount payable to the individual with respect to a week 15 shall not exceed 57% of the statewide average weekly wage, 16 rounded (if not already a multiple of one dollar) to the next 17 higher dollar; and in the case of an individual with a 18 dependent child or dependent children, 15% of his prior 19 average weekly wage, rounded (if not already a multiple of 20 one dollar) to the next higher dollar, provided that the 21 total amount payable to the individual with respect to a week 22 shall not exceed 64% of the statewide average weekly wage, 23 rounded (if not already a multiple of one dollar) to the next 24 higher dollar. 25 With respect to any week beginning on or after January 1, 26 1991 and before January 1, 1992, an individual to whom 27 benefits are payable with respect to any week shall, in 28 addition to the benefits, be paid, with respect to such week, 29 as follows: in the case of an individual with a nonworking 30 spouse, 8.3% of his prior average weekly wage, rounded (if 31 not already a multiple of one dollar) to the next higher 32 dollar, provided, that the total amount payable to the 33 individual with respect to a week shall not exceed 57.3% of 34 the statewide average weekly wage, rounded (if not already a -9- LRB9113152STsb 1 multiple of one dollar) to the next higher dollar; and in the 2 case of an individual with a dependent child or dependent 3 children, 15.3% of his prior average weekly wage, rounded (if 4 not already a multiple of one dollar) to the next higher 5 dollar, provided that the total amount payable to the 6 individual with respect to a week shall not exceed 64.3% of 7 the statewide average weekly wage, rounded (if not already a 8 multiple of one dollar) to the next higher dollar. 9 With respect to any week beginning on or after January 3, 10 1993, an individual to whom benefits are payable with respect 11 to any week shall, in addition to those benefits, be paid, 12 with respect to such week, as follows: in the case of an 13 individual with a nonworking spouse, 9% of his prior average 14 weekly wage, rounded (if not already a multiple of one 15 dollar) to the next higher dollar, provided, that the total 16 amount payable to the individual with respect to a week 17 shall not exceed 58.5% of the statewide average weekly wage, 18 rounded (if not already a multiple of one dollar) to the next 19 higher dollar; and in the case of an individual with a 20 dependent child or dependent children, 16% of his prior 21 average weekly wage, rounded (if not already a multiple of 22 one dollar) to the next higher dollar, provided that the 23 total amount payable to the individual with respect to a week 24 shall not exceed 65.5% of the statewide average weekly wage, 25 rounded (if not already a multiple of one dollar) to the next 26 higher dollar. 27 For the purposes of this subsection: 28 "Dependent" means a child or a nonworking spouse. 29 "Child" means a natural child, stepchild, or adopted 30 child of an individual claiming benefits under this Act or a 31 child who is in the custody of any such individual by court 32 order, for whom the individual is supplying and, for at least 33 90 consecutive days (or for the duration of the parental 34 relationship if it has existed for less than 90 days) -10- LRB9113152STsb 1 immediately preceding any week with respect to which the 2 individual has filed a claim, has supplied more than one-half 3 the cost of support, or has supplied at least 1/4 of the cost 4 of support if the individual and the other parent, together, 5 are supplying and, during the aforesaid period, have supplied 6 more than one-half the cost of support, and are, and were 7 during the aforesaid period, members of the same household; 8 and who, on the first day of such week (a) is under 18 years 9 of age, or (b) is, and has been during the immediately 10 preceding 90 days, unable to work because of illness or other 11 disability: provided, that no person who has been determined 12 to be a child of an individual who has been allowed benefits 13 with respect to a week in the individual's benefit year shall 14 be deemed to be a child of the other parent, and no other 15 person shall be determined to be a child of such other 16 parent, during the remainder of that benefit year. 17 "Nonworking spouse" means the lawful husband or wife of 18 an individual claiming benefits under this Act, for whom more 19 than one-half the cost of support has been supplied by the 20 individual for at least 90 consecutive days (or for the 21 duration of the marital relationship if it has existed for 22 less than 90 days) immediately preceding any week with 23 respect to which the individual has filed a claim, but only 24 if the nonworking spouse is currently ineligible to receive 25 benefits under this Act by reason of the provisions of 26 Section 500E. 27 An individual who was obligated by law to provide for the 28 support of a child or of a nonworking spouse for the 29 aforesaid period of 90 consecutive days, but was prevented by 30 illness or injury from doing so, shall be deemed to have 31 provided more than one-half the cost of supporting the child 32 or nonworking spouse for that period. 33 (Source: P.A. 90-554, eff. 12-12-97; 91-342, eff. 7-29-99.)