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91_SB0290eng SB290 Engrossed LRB9105526WHdv 1 AN ACT to amend the Unemployment Insurance Act by 2 changing Sections 235 and 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 Sections 235 and 401 as follows: 7 (820 ILCS 405/235) (from Ch. 48, par. 345) 8 Sec. 235. The term "wages" does not include: 9 A. That part of the remuneration which, after 10 remuneration equal to $6,000 with respect to employment has 11 been paid to an individual by an employer during any calendar 12 year after 1977 and before 1980, is paid to such individual 13 by such employer during such calendar year; and that part of 14 the remuneration which, after remuneration equal to $6,500 15 with respect to employment has been paid to an individual by 16 an employer during each calendar year 1980 and 1981, is paid 17 to such individual by such employer during that calendar 18 year; and that part of the remuneration which, after 19 remuneration equal to $7,000 with respect to employment has 20 been paid to an individual by an employer during the calendar 21 year 1982 is paid to such individual by such employer during 22 that calendar year. 23 With respect to the first calendar quarter of 1983, the 24 term "wages" shall include only the remuneration paid to an 25 individual by an employer during such quarter with respect to 26 employment which does not exceed $7,000. With respect to the 27 three calendar quarters, beginning April 1, 1983, the term 28 "wages" shall include only the remuneration paid to an 29 individual by an employer during such period with respect to 30 employment which when added to the "wages" (as defined in the 31 preceding sentence) paid to such individual by such employer SB290 Engrossed -2- LRB9105526WHdv 1 during the first calendar quarter of 1983, does not exceed 2 $8,000. 3 With respect to the calendar year 1984, the term "wages" 4 shall include only the remuneration paid to an individual by 5 an employer during that period with respect to employment 6 which does not exceed $8,000; with respect to calendar years 7 1985, 1986 and 1987, the term "wages" shall include only the 8 remuneration paid to such individual by such employer during 9 that calendar year with respect to employment which does not 10 exceed $8,500. 11 With respect to the calendar years 1988 through 2003199912and calendar year 20052001and each calendar year 13 thereafter, the term "wages" shall include only the 14 remuneration paid to an individual by an employer during that 15 period with respect to employment which does not exceed 16 $9,000. 17 With respect to the calendar year 20042000, the term 18 "wages" shall include only the remuneration paid to an 19 individual by an employer during that period with respect to 20 employment which does not exceed $10,000. The remuneration 21 paid to an individual by an employer with respect to 22 employment in another State or States, upon which 23 contributions were required of such employer under an 24 unemployment compensation law of such other State or States, 25 shall be included as a part of the remuneration equal to 26 $6,000, $6,500, $7,000, $8,000, $8,500, $9,000, or $10,000, 27 as the case may be, herein referred to. For the purposes of 28 this subsection, any employing unit which succeeds to the 29 organization, trade, or business, or to substantially all of 30 the assets of another employing unit, or to the organization, 31 trade, or business, or to substantially all of the assets of 32 a distinct severable portion of another employing unit, shall 33 be treated as a single unit with its predecessor for the 34 calendar year in which such succession occurs, and any SB290 Engrossed -3- LRB9105526WHdv 1 employing unit which is owned or controlled by the same 2 interests which own or control another employing unit shall 3 be treated as a single unit with the unit so owned or 4 controlled by such interests for any calendar year throughout 5 which such ownership or control exists. This subsection 6 applies only to Sections 1400, 1405A, and 1500. 7 B. The amount of any payment (including any amount paid 8 by an employer for insurance or annuities, or into a fund, to 9 provide for any such payment), made to, or on behalf of, an 10 individual or any of his dependents under a plan or system 11 established by an employer which makes provision generally 12 for individuals performing services for him (or for such 13 individuals generally and their dependents) or for a class or 14 classes of such individuals (or for a class or classes of 15 such individuals and their dependents), on account of (1) 16 sickness or accident disability (except those sickness or 17 accident disability payments which would be includable as 18 "wages" in Section 3306(b)(2)(A) of the Federal Internal 19 Revenue Code of 1954, in effect on January 1, 1985, such 20 includable payments to be attributable in such manner as 21 provided by Section 3306(b) of the Federal Internal Revenue 22 Code of 1954, in effect on January 1, 1985), or (2) medical 23 or hospitalization expenses in connection with sickness or 24 accident disability, or (3) death. 25 C. Any payment made to, or on behalf of, an employee or 26 his beneficiary which would be excluded from "wages" by 27 subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section 28 3306(b)(5) of the Federal Internal Revenue Code of 1954, in 29 effect on January 1, 1985. 30 D. The amount of any payment on account of sickness or 31 accident disability, or medical or hospitalization expenses 32 in connection with sickness or accident disability, made by 33 an employer to, or on behalf of, an individual performing 34 services for him after the expiration of six calendar months SB290 Engrossed -4- LRB9105526WHdv 1 following the last calendar month in which the individual 2 performed services for such employer. 3 E. Remuneration paid in any medium other than cash by an 4 employing unit to an individual for service in agricultural 5 labor as defined in Section 214. 6 F. The amount of any supplemental payment made by an 7 employer to an individual performing services for him, other 8 than remuneration for services performed, under a shared work 9 plan approved by the Director pursuant to Section 407.1. 10 (Source: P.A. 89-633, eff. 1-1-97; 90-554, eff. 12-12-97.) 11 (820 ILCS 405/401) (from Ch. 48, par. 401) 12 Sec. 401. Weekly Benefit Amount - Dependents' 13 Allowances. 14 A. With respect to any week beginning prior to April 24, 15 1983, an individual's weekly benefit amount shall be an 16 amount equal to the weekly benefit amount as defined in this 17 Act as in effect on November 30, 1982. 18 B. 1. With respect to any week beginning on or after 19 April 24, 1983 and before January 3, 1988, an individual's 20 weekly benefit amount shall be 48% of his prior average 21 weekly wage, rounded (if not already a multiple of one 22 dollar) to the next higher dollar; provided, however, that 23 the weekly benefit amount cannot exceed the maximum weekly 24 benefit amount, and cannot be less than 15% of the statewide 25 average weekly wage, rounded (if not already a multiple of 26 one dollar) to the next higher dollar. However, the weekly 27 benefit amount for an individual who has established a 28 benefit year beginning before April 24, 1983, shall be 29 determined, for weeks beginning on or after April 24, 1983 30 claimed with respect to that benefit year, as provided under 31 this Act as in effect on November 30, 1982. With respect to 32 any week beginning on or after January 3, 1988 and before 33 January 1, 1993, an individual's weekly benefit amount shall SB290 Engrossed -5- LRB9105526WHdv 1 be 49% of his prior average weekly wage, rounded (if not 2 already a multiple of one dollar) to the next higher dollar; 3 provided, however, that the weekly benefit amount cannot 4 exceed the maximum weekly benefit amount, and cannot be less 5 than $51. With respect to any week beginning on or after 6 January 3, 1993, an individual's weekly benefit amount shall 7 be 49.5% of his prior average weekly wage, rounded (if not 8 already a multiple of one dollar) to the next higher dollar; 9 provided, however, that the weekly benefit amount cannot 10 exceed the maximum weekly benefit amount and cannot be less 11 than $51. 12 2. For the purposes of this subsection: 13 With respect to any week beginning on or after April 24, 14 1983, an individual's "prior average weekly wage" means the 15 total wages for insured work paid to that individual during 16 the 2 calendar quarters of his base period in which such 17 total wages were highest, divided by 26. If the quotient is 18 not already a multiple of one dollar, it shall be rounded to 19 the nearest dollar; however if the quotient is equally near 2 20 multiples of one dollar, it shall be rounded to the higher 21 multiple of one dollar. 22 "Determination date" means June 1, 1982, December 1, 1982 23 and December 1 of each succeeding calendar year thereafter. 24 However, if as of June 30, 1982, or any June 30 thereafter, 25 the net amount standing to the credit of this State's account 26 in the unemployment trust fund (less all outstanding advances 27 to that account, including advances pursuant to Title XII of 28 the federal Social Security Act) is greater than 29 $100,000,000, "determination date" shall mean December 1 of 30 that year and June 1 of the succeeding year. Notwithstanding 31 the preceding sentence, for the purposes of this Act only, 32 there shall be no June 1 determination date in any year after 33 1986. 34 "Determination period" means, with respect to each June 1 SB290 Engrossed -6- LRB9105526WHdv 1 determination date, the 12 consecutive calendar months ending 2 on the immediately preceding December 31 and, with respect to 3 each December 1 determination date, the 12 consecutive 4 calendar months ending on the immediately preceding June 30. 5 "Benefit period" means the 12 consecutive calendar month 6 period beginning on the first day of the first calendar month 7 immediately following a determination date, except that, with 8 respect to any calendar year in which there is a June 1 9 determination date, "benefit period" shall mean the 6 10 consecutive calendar month period beginning on the first day 11 of the first calendar month immediately following the 12 preceding December 1 determination date and the 6 consecutive 13 calendar month period beginning on the first day of the first 14 calendar month immediately following the June 1 determination 15 date. Notwithstanding the foregoing sentence, the 6 calendar 16 months beginning January 1, 1982 and ending June 30, 1982 17 shall be deemed a benefit period with respect to which the 18 determination date shall be June 1, 1981. 19 "Gross wages" means all the wages paid to individuals 20 during the determination period immediately preceding a 21 determination date for insured work, and reported to the 22 Director by employers prior to the first day of the third 23 calendar month preceding that date. 24 "Covered employment" for any calendar month means the 25 total number of individuals, as determined by the Director, 26 engaged in insured work at mid-month. 27 "Average monthly covered employment" means one-twelfth of 28 the sum of the covered employment for the 12 months of a 29 determination period. 30 "Statewide average annual wage" means the quotient, 31 obtained by dividing gross wages by average monthly covered 32 employment for the same determination period, rounded (if not 33 already a multiple of one cent) to the nearest cent. 34 "Statewide average weekly wage" means the quotient, SB290 Engrossed -7- LRB9105526WHdv 1 obtained by dividing the statewide average annual wage by 52, 2 rounded (if not already a multiple of one cent) to the 3 nearest cent. Notwithstanding any provisions of this Section 4 to the contrary, the statewide average weekly wage for the 5 benefit period beginning July 1, 1982 and ending December 31, 6 1982 shall be the statewide average weekly wage in effect for 7 the immediately preceding benefit period plus one-half of the 8 result obtained by subtracting the statewide average weekly 9 wage for the immediately preceding benefit period from the 10 statewide average weekly wage for the benefit period 11 beginning July 1, 1982 and ending December 31, 1982 as such 12 statewide average weekly wage would have been determined but 13 for the provisions of this paragraph. Notwithstanding any 14 provisions of this Section to the contrary, the statewide 15 average weekly wage for the benefit period beginning April 16 24, 1983 and ending January 31, 1984 shall be $321 and for 17 the benefit period beginning February 1, 1984 and ending 18 December 31, 1986 shall be $335, and for the benefit period 19 beginning January 1, 1987, and ending December 31, 1987, 20 shall be $350, except that for an individual who has 21 established a benefit year beginning before April 24, 1983, 22 the statewide average weekly wage used in determining 23 benefits, for any week beginning on or after April 24, 1983, 24 claimed with respect to that benefit year, shall be $334.80, 25 except that, for the purpose of determining the minimum 26 weekly benefit amount under subsection B(1) for the benefit 27 period beginning January 1, 1987, and ending December 31, 28 1987, the statewide average weekly wage shall be $335; for 29 the benefit periods January 1, 1988 through December 31, 30 1988, January 1, 1989 through December 31, 1989, and January 31 1, 1990 through December 31, 1990, the statewide average 32 weekly wage shall be $359, $381, and $406, respectively. 33 Notwithstanding the preceding sentences of this paragraph, 34 for the benefit period of calendar year 1991, the statewide SB290 Engrossed -8- LRB9105526WHdv 1 average weekly wage shall be $406 plus (or minus) an amount 2 equal to the percentage change in the statewide average 3 weekly wage, as computed in accordance with the preceding 4 sentences of this paragraph, between the benefit periods of 5 calendar years 1989 and 1990, multiplied by $406; and, for 6 the benefit periods of calendar years 1992 through 200319997 and calendar year 20052001and each calendar year 8 thereafter, the statewide average weekly wage, shall be the 9 statewide average weekly wage, as determined in accordance 10 with this sentence, for the immediately preceding benefit 11 period plus (or minus) an amount equal to the percentage 12 change in the statewide average weekly wage, as computed in 13 accordance with the preceding sentences of this paragraph, 14 between the 2 immediately preceding benefit periods, 15 multiplied by the statewide average weekly wage, as 16 determined in accordance with this sentence, for the 17 immediately preceding benefit period. For the benefit period 18 of 20042000, the statewide average weekly wage shall be $636 19$524. Provided however, that for any benefit period after 20 December 31, 1990, if 2 of the following 3 factors occur, 21 then the statewide average weekly wage shall be the statewide 22 average weekly wage in effect for the immediately preceding 23 benefit period: (a) the average contribution rate for all 24 employers in this State for the calendar year 2 years prior 25 to the benefit period, as a ratio of total contribution 26 payments (including payments in lieu of contributions) to 27 total wages reported by employers in this State for that same 28 period is 0.2% greater than the national average of this 29 ratio, the foregoing to be determined in accordance with 30 rules promulgated by the Director; (b) the balance in this 31 State's account in the unemployment trust fund, as of March 32 31 of the prior calendar year, is less than $250,000,000; or 33 (c) the number of first payments of initial claims, as 34 determined in accordance with rules promulgated by the SB290 Engrossed -9- LRB9105526WHdv 1 Director, for the one year period ending on June 30 of the 2 prior year, has increased more than 25% over the average 3 number of such payments during the 5 year period ending that 4 same June 30; and provided further that if (a), (b) and (c) 5 occur, then the statewide average weekly wage, as determined 6 in accordance with the preceding sentence, shall be 10% less 7 than it would have been but for these provisions. If the 8 reduced amount, computed in accordance with the preceding 9 sentence, is not already a multiple of one dollar, it shall 10 be rounded to the nearest dollar. The 10% reduction in the 11 statewide average weekly wage in the preceding sentence shall 12 not be in effect for more than 2 benefit periods of any 5 13 consecutive benefit periods. This 10% reduction shall not be 14 cumulative from year to year. Neither the freeze nor the 15 reduction shall be considered in the determination of 16 subsequent years' calculations of statewide average weekly 17 wage. However, for purposes of the Workers' Compensation Act, 18 the statewide average weekly wage will be computed using June 19 1 and December 1 determination dates of each calendar year 20 and such determination shall not be subject to the limitation 21 of $321, $335, $350, $359, $381, $406 or the statewide 22 average weekly wage as computed in accordance with the 23 preceding 7 sentences of this paragraph. 24 With respect to any week beginning on or after April 24, 25 1983 and before January 3, 1988, "maximum weekly benefit 26 amount" means 48% of the statewide average weekly wage, 27 rounded (if not already a multiple of one dollar) to the 28 nearest dollar, provided however, that the maximum 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 amended and in effect on November 30, 1982, 34 except that the statewide average weekly wage used in such SB290 Engrossed -10- LRB9105526WHdv 1 determination shall be $334.80. 2 With respect to any week beginning after January 2, 1988 3 and before January 1, 1993, "maximum weekly benefit amount" 4 with respect to each week beginning within a benefit period 5 means 49% of the statewide average weekly wage, rounded (if 6 not already a multiple of one dollar) to the next higher 7 dollar. 8 With respect to any week beginning on or after January 3, 9 1993, "maximum weekly benefit amount" with respect to each 10 week beginning within a benefit period means 49.5% of the 11 statewide average weekly wage, rounded (if not already a 12 multiple of one dollar) to the next higher dollar. 13 C. With respect to any week beginning on or after April 14 24, 1983 and before January 3, 1988, an individual to whom 15 benefits are payable with respect to any week shall, in 16 addition to such benefits, be paid, with respect to such 17 week, as follows: in the case of an individual with a 18 nonworking spouse, 7% of his prior average weekly wage, 19 rounded (if not already a multiple of one dollar) to the 20 higher dollar; provided, that the total amount payable to the 21 individual with respect to a week shall not exceed 55% of the 22 statewide average weekly wage, rounded (if not already a 23 multiple of one dollar) to the nearest dollar; and in the 24 case of an individual with a dependent child or dependent 25 children, 14.4% of his prior average weekly wage, rounded (if 26 not already a multiple of one dollar) to the higher dollar; 27 provided, that the total amount payable to the individual 28 with respect to a week shall not exceed 62.4% of the 29 statewide average weekly wage, rounded (if not already a 30 multiple of one dollar) to the next higher dollar with 31 respect to the benefit period beginning January 1, 1987 and 32 ending December 31, 1987, and otherwise to the nearest 33 dollar. However, for an individual with a nonworking spouse 34 or with a dependent child or children who has established a SB290 Engrossed -11- LRB9105526WHdv 1 benefit year beginning before April 24, 1983, the amount of 2 additional benefits payable on account of the nonworking 3 spouse or dependent child or children shall be determined, 4 for weeks beginning on or after April 24, 1983 claimed with 5 respect to that benefit year, as provided under this Act as 6 in effect on November 30, 1982, except that the statewide 7 average weekly wage used in such determination shall be 8 $334.80. 9 With respect to any week beginning on or after January 2, 10 1988 and before January 1, 1991 and any week beginning on or 11 after January 1, 1992, and before January 1, 1993, an 12 individual to whom benefits are payable with respect to any 13 week shall, in addition to those benefits, be paid, with 14 respect to such week, as follows: in the case of an 15 individual with a nonworking spouse, 8% of his prior average 16 weekly wage, rounded (if not already a multiple of one 17 dollar) to the next higher dollar, provided, that the total 18 amount payable to the individual with respect to a week 19 shall not exceed 57% of the statewide average weekly wage, 20 rounded (if not already a multiple of one dollar) to the next 21 higher dollar; and in the case of an individual with a 22 dependent child or dependent children, 15% of his prior 23 average weekly wage, rounded (if not already a multiple of 24 one dollar) to the next higher dollar, provided that the 25 total amount payable to the individual with respect to a week 26 shall not exceed 64% of the statewide average weekly wage, 27 rounded (if not already a multiple of one dollar) to the next 28 higher dollar. 29 With respect to any week beginning on or after January 1, 30 1991 and before January 1, 1992, an individual to whom 31 benefits are payable with respect to any week shall, in 32 addition to the benefits, be paid, with respect to such week, 33 as follows: in the case of an individual with a nonworking 34 spouse, 8.3% of his prior average weekly wage, rounded (if SB290 Engrossed -12- LRB9105526WHdv 1 not already a multiple of one dollar) to the next higher 2 dollar, provided, that the total amount payable to the 3 individual with respect to a week shall not exceed 57.3% of 4 the statewide average weekly wage, rounded (if not already a 5 multiple of one dollar) to the next higher dollar; and in the 6 case of an individual with a dependent child or dependent 7 children, 15.3% of his prior average weekly wage, rounded (if 8 not already a multiple of one dollar) to the next higher 9 dollar, provided that the total amount payable to the 10 individual with respect to a week shall not exceed 64.3% of 11 the statewide average weekly wage, rounded (if not already a 12 multiple of one dollar) to the next higher dollar. 13 With respect to any week beginning on or after January 3, 14 1993, an individual to whom benefits are payable with respect 15 to any week shall, in addition to those benefits, be paid, 16 with respect to such week, as follows: in the case of an 17 individual with a nonworking spouse, 9% of his prior average 18 weekly wage, rounded (if not already a multiple of one 19 dollar) to the next higher dollar, provided, that the total 20 amount payable to the individual with respect to a week 21 shall not exceed 58.5% of the statewide average weekly wage, 22 rounded (if not already a multiple of one dollar) to the next 23 higher dollar; and in the case of an individual with a 24 dependent child or dependent children, 16% of his prior 25 average weekly wage, rounded (if not already a multiple of 26 one dollar) to the next higher dollar, provided that the 27 total amount payable to the individual with respect to a week 28 shall not exceed 65.5% of the statewide average weekly wage, 29 rounded (if not already a multiple of one dollar) to the next 30 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 SB290 Engrossed -13- LRB9105526WHdv 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 SB290 Engrossed -14- LRB9105526WHdv 1 provided more than one-half the cost of supporting the child 2 or nonworking spouse for that period. 3 (Source: P.A. 89-633, eff. 1-1-97; 90-554, eff. 12-12-97.) 4 Section 99. Effective date. This Act takes effect upon 5 becoming law.