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92_HB4112 LRB9214739WHcs 1 AN ACT concerning unemployment insurance. 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 Sections 1506.1 and 1506.3 as follows: 6 (820 ILCS 405/1506.1) (from Ch. 48, par. 576.1) 7 Sec. 1506.1. Determination of Employer's Contribution 8 Rate. 9 A. The contribution rate for any calendar year prior to 10 1982 of each employer who has incurred liability for the 11 payment of contributions within each of the three calendar 12 years immediately preceding the calendar year for which a 13 rate is being determined shall be determined in accordance 14 with the provisions of this Act as amended and in effect on 15 October 5, 1980. 16 B. The contribution rate for calendar years 1982 and 17 1983 of each employer who has incurred liability for the 18 payment of contributions within each of the three calendar 19 years immediately preceding the calendar year for which a 20 rate is being determined shall be the product obtained by 21 multiplying the employer's benefit wage ratio for that 22 calendar year by the adjusted state experience factor for the 23 same year, provided that: 24 1. No employer's contribution rate shall be lower 25 than two-tenths of 1 percent or higher than 5.3%; and 26 2. Intermediate contribution rates between such 27 minimum and maximum rates shall be at one-tenth of 1 28 percent intervals. 29 3. If the product obtained as provided in this 30 subsection is not an exact multiple of one-tenth of 1 31 percent, it shall be increased or reduced, as the case -2- LRB9214739WHcs 1 may be, to the nearer multiple of one-tenth of 1 percent. 2 If such product is equally near to two multiples of 3 one-tenth of 1 percent, it shall be increased to the 4 higher multiple of one-tenth of 1 percent. If such 5 product is less than two-tenths of one percent, it shall 6 be increased to two-tenths of 1 percent, and if greater 7 than 5.3%, it shall be reduced to 5.3%. 8 The contribution rate of each employer for whom wages 9 became benefit wages during the applicable period specified 10 in Section 1503, but who paid no contributions upon wages for 11 insured work during such period on or before the date 12 designated in Section 1503, shall be 5.3%. 13 The contribution rate of each employer for whom no wages 14 became benefit wages during the applicable period specified 15 in Section 1503, and who paid no contributions upon wages for 16 insured work during such period on or before the date 17 specified in Section 1503, shall be 2.7 percent. 18 Notwithstanding the other provisions of this Section, no 19 employer's contribution rate with respect to calendar years 20 1982 and 1983 shall exceed 2.7 percent of the wages for 21 insured work paid by him during any calendar quarter, if such 22 wages paid during such calendar quarter total less than 23 $50,000. 24 C. The contribution rate for calendar years 1984, 1985 25 and 1986 of each employer who has incurred liability for the 26 payment of contributions within each of the two calendar 27 years immediately preceding the calendar year for which a 28 rate is being determined shall be the product obtained by 29 multiplying the employer's benefit wage ratio for that 30 calendar year by the adjusted state experience factor for the 31 same year, provided that: 32 1. An employer's minimum contribution rate shall be 33 the greater of: .2%; or, the product obtained by 34 multiplying .2% by the adjusted state experience factor -3- LRB9214739WHcs 1 for the applicable calendar year. 2 2. An employer's maximum contribution rate shall be 3 the greater of 5.5% or the product of 5.5% and the 4 adjusted State experience factor for the applicable 5 calendar year except that such maximum contribution rate 6 shall not be higher than 6.3% for calendar year 1984, nor 7 be higher than 6.6% or lower than 6.4% for calendar year 8 1985, nor be higher than 6.7% or lower than 6.5% for 9 calendar year 1986. 10 3. If any product obtained in this subsection is 11 not an exact multiple of one-tenth of one percent, it 12 shall be increased or reduced, as the case may be to the 13 nearer multiple of one-tenth of one percent. If such 14 product is equally near to two multiples of one-tenth of 15 one percent, it shall be increased to the higher multiple 16 of one-tenth of one percent. 17 4. Intermediate rates between such minimum and 18 maximum rates shall be at one-tenth of one percent 19 intervals. 20 The contribution rate of each employer for whom wages 21 became benefit wages during the applicable period specified 22 in Section 1503, but who paid no contributions upon wages for 23 insured work during such period on or before the date 24 designated in Section 1503, shall be the maximum contribution 25 rate as determined by paragraph 2 of this subsection. The 26 contribution rate for each employer for whom no wages became 27 benefit wages during the applicable period on or before the 28 date specified in Section 1503, and who paid no contributions 29 upon wages for insured work during such period on or before 30 the date specified in Section 1503, shall be the greater of 31 2.7% or 2.7% times the then current adjusted state experience 32 factor as determined by the Director in accordance with the 33 provisions of Sections 1504 and 1505. 34 Notwithstanding, the other provisions of this Section, no -4- LRB9214739WHcs 1 employer's contribution rate with respect to the calendar 2 year 1984 shall exceed 2.7 percent times the then current 3 adjusted state experience factor as determined by the 4 Director in accordance with the provisions of Sections 1504 5 and 1505 of the wages for insured work paid by him during any 6 calendar quarter, if such wages paid during such calendar 7 quarter total less than $50,000. 8 D. The contribution rate for calendar years 1987, 1988, 9 1989 and 1990 of each employer who has incurred liability for 10 the payment of contributions within each of the three 11 calendar years immediately preceding the calendar year for 12 which a rate is being determined shall be the product 13 obtained by multiplying the employer's benefit wage ratio for 14 that calendar year by the adjusted state experience factor 15 for the same year, provided, that: 16 1. An employer's minimum contribution rate shall be 17 the greater of .2% or the product obtained by multiplying 18 .2% by the adjusted State experience factor for the 19 applicable calendar year. 20 2. An employer's maximum contribution rate shall be 21 the greater of 5.5% or the product of 5.5% and the 22 adjusted State experience factor for the calendar year 23 1987 except that such maximum contribution rate shall not 24 be higher than 6.7% or lower than 6.5% and an employer's 25 maximum contribution rate for 1988, 1989 and 1990 shall 26 be the greater of 6.4% or the product of 6.4% and the 27 adjusted State experience factor for the applicable 28 calendar year. 29 3. If any product obtained in this subsection is 30 not an exact multiple of one-tenth of one percent, it 31 shall be increased or reduced, as the case may be to the 32 nearer multiple of one-tenth of 1 percent. If such 33 product is equally near to two multiples of one-tenth of 34 1 percent, it shall be increased to the higher multiple -5- LRB9214739WHcs 1 of one-tenth of 1 percent. 2 4. Intermediate rates between such minimum and 3 maximum rates shall be at one-tenth of 1 percent 4 intervals. 5 The contribution rate of each employer for whom wages 6 became benefit wages during the applicable period specified 7 in Section 1503, but who did not report wages for insured 8 work during such period, shall be the maximum contribution 9 rate as determined by paragraph 2 of this subsection. The 10 contribution rate for each employer for whom no wages became 11 benefit wages during the applicable period specified in 12 Section 1503, and who did not report wages for insured work 13 during such period, shall be the greater of 2.7% or 2.7% 14 times the then current adjusted State experience factor as 15 determined by the Director in accordance with the provisions 16 of Sections 1504 and 1505. 17 E. The contribution rate for calendar year 1991 and each 18 calendar year thereafter of each employer who has incurred 19 liability for the payment of contributions within each of the 20 three calendar years immediately preceding the calendar year 21 for which a rate is being determined shall be the product 22 obtained by multiplying the employer's benefit ratio defined 23 by Section 1503.1 for that calendar year by the adjusted 24 state experience factor for the same year, provided that: 25 1. Except as otherwise provided in this paragraph, 26 an employer's minimum contribution rate shall be the 27 greater of 0.2% or the product obtained by multiplying 28 0.2% by the adjusted state experience factor for the 29 applicable calendar year. An employer's minimum 30 contribution rate shall be 0.1% for calendar year 1996. 31 2. An employer's maximum contribution rate shall be 32 the greater of 6.4% or the product of 6.4% and the 33 adjusted state experience factor for the applicable 34 calendar year. -6- LRB9214739WHcs 1 3. If any product obtained in this subsection is 2 not an exact multiple of one-tenth of one percent, it 3 shall be increased or reduced, as the case may be to the 4 nearer multiple of one-tenth of one percent. If such 5 product is equally near to two multiples of one-tenth of 6 one percent, it shall be increased to the higher multiple 7 of one-tenth of one percent. 8 4. Intermediate rates between such minimum and 9 maximum rates shall be at one-tenth of one percent 10 intervals. 11 The contribution rate of each employer for whom wages 12 became benefit wages during the applicable period specified 13 in Section 1503 or for whom benefit payments became benefit 14 charges during the applicable period specified in Section 15 1503.1, but who did not report wages for insured work during 16 such period, shall be the maximum contribution rate as 17 determined by paragraph 2 of this subsection. The 18 contribution rate for each employer for whom no wages became 19 benefit wages during the applicable period specified in 20 Section 1503 or for whom no benefit payments became benefit 21 charges during the applicable period specified in Section 22 1503.1, and who did not report wages for insured work during 23 such period, shall be the greater of 2.7% or 2.7% times the 24 then current adjusted state experience factor as determined 25 by the Director in accordance with the provisions of Sections 26 1504 and 1505. 27 F. Notwithstanding the other provisions of this Section, 28 and pursuant to Section 271 of the Tax Equity and Fiscal 29 Responsibility Act of 1982, as amended, no employer's 30 contribution rate with respect to calendar years 1985, 1986, 31 1987 and 1988 shall, for any calendar quarter during which 32 the wages paid by that employer are less than $50,000, exceed 33 the following: with respect to calendar year 1985, 3.7%; with 34 respect to calendar year 1986, 4.1%; with respect to calendar -7- LRB9214739WHcs 1 year 1987, 4.5%; and with respect to calendar year 1988, 2 5.0%. 3 G. Notwithstanding the other provisions of this Section, 4 no employer's contribution rate with respect to calendar 5 yearsyear1989 through 2002and each calendar year6thereaftershall exceed 5.4% of the wages for insured work 7 paid by him during any calendar quarter, if such wages paid 8 during such calendar quarter total less than $50,000. 9 H. Notwithstanding the other provisions of this Section, 10 no employer's contribution rate with respect to calendar year 11 2003 and each calendar year thereafter shall exceed 5.4% of 12 the wages for insured work paid by him or her during any 13 calendar quarter, if such wages paid during such calendar 14 quarter total less than $100,000. 15 (Source: P.A. 89-446, eff. 2-8-96.) 16 (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3) 17 Sec. 1506.3. Fund building rates - Temporary 18 Administrative Funding. 19 A. Notwithstanding any other provision of this Act, the 20 following fund building rates shall be in effect for the 21 following calendar years: 22 For each employer whose contribution rate for 1988, 1989, 23 1990, the first, third, and fourth quarters of 1991, 1992, 24 1993, 1994, 1995, and 1997 and any calendar year thereafter 25 would, in the absence of this Section, be 0.2% or higher, a 26 contribution rate which is the sum of such rate and 0.4%; 27 For each employer whose contribution rate for the second 28 quarter of 1991 would, in the absence of this Section, be 29 0.2% or higher, a contribution rate which is the sum of such 30 rate and 0.3%; 31 For each employer whose contribution rate for 1996 would, 32 in the absence of this Section, be 0.1% or higher, a 33 contribution rate which is the sum of such rate and 0.4%; -8- LRB9214739WHcs 1 Notwithstanding the preceding paragraphs of this Section 2 or any other provision of this Act, except for the provisions 3 contained in Section 1500 pertaining to rates applicable to 4 employers classified under the Standard Industrial Code, or 5 another classification system sanctioned by the United States 6 Department of Labor and prescribed by the Director by rule, 7 no employer whose total wages for insured work paid by him 8 during any calendar quarter in 1988 through 2002and any9calendar year thereafterare less than $50,000 shall pay 10 contributions at a rate with respect to such quarter which 11 exceeds the following: with respect to calendar year 1988, 12 5%; with respect to 1989 and any calendar year thereafter, 13 5.4%. 14 Notwithstanding the preceding paragraph of this Section, 15 or any other provision of this Act, no employer's 16 contribution rate with respect to calendar years 1993 through 17 1995 shall exceed 5.4% if the employer ceased operations at 18 an Illinois manufacturing facility in 1991 and remained 19 closed at that facility during all of 1992, and the employer 20 in 1993 commits to invest at least $5,000,000 for the purpose 21 of resuming operations at that facility, and the employer 22 rehires during 1993 at least 250 of the individuals employed 23 by it at that facility during the one year period prior to 24 the cessation of its operations, provided that, within 30 25 days after the effective date of this amendatory Act of 1993, 26 the employer makes application to the Department to have the 27 provisions of this paragraph apply to it. The immediately 28 preceding sentence shall be null and void with respect to an 29 employer which by December 31, 1993 has not satisfied the 30 rehiring requirement specified by this paragraph or which by 31 December 31, 1994 has not made the investment specified by 32 this paragraph. 33 Notwithstanding the preceding paragraphs of this Section 34 or any other provision of this Act, except for the provisions -9- LRB9214739WHcs 1 contained in Section 1500 pertaining to rates applicable to 2 employers classified under the Standard Industrial Code, or 3 another classification system sanctioned by the United States 4 Department of Labor and prescribed by the Director by rule, 5 no employer whose total wages for insured work paid by him or 6 her during any calendar quarter in 2003 and any calendar year 7 thereafter are less than $100,000 shall pay contributions at 8 a rate with respect to such quarter which exceeds 5.4%. 9 B. Notwithstanding any other provision of this Act, for 10 the second quarter of 1991, the contribution rate of each 11 employer as determined in accordance with Sections 1500, 12 1506.1, and subsection A of this Section shall be equal to 13 the sum of such rate and 0.1%; provided that this subsection 14 shall not apply to any employer whose rate computed under 15 Section 1506.1 for such quarter is between 5.1% and 5.3%, 16 inclusive, and who qualifies for the 5.4% rate ceiling 17 imposed by the third from the last paragraph of subsection A 18 for such quarter. All payments made pursuant to this 19 subsection shall be deposited in the Employment Security 20 Administrative Fund established under Section 2103.1 and used 21 for the administration of this Act. 22 C. Payments received by the Director which are 23 insufficient to pay the total contributions due under the Act 24 shall be first applied to satisfy the amount due pursuant to 25 subsection B. 26 D. All provisions of this Act applicable to the 27 collection or refund of any contribution due under this Act 28 shall be applicable to the collection or refund of amounts 29 due pursuant to subsection B. 30 (Source: P.A. 91-342, eff. 1-1-00.)