93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB5009

 

Introduced 02/05/04, by Keith P. Sommer

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/1502.1   from Ch. 48, par. 572.1

    Amends the Unemployment Insurance Act. Provides that an employer is not chargeable for any benefit charges resulting from the payment of benefits to an individual for any week of unemployment if the employer's business is closed solely because of the entrance of the employer, one or more of the partners or officers of the employer, or the majority stockholder of the employer into active duty in the Illinois National Guard or the Armed Forces. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning employment.
 
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 1502.1 as follows:
 
6     (820 ILCS 405/1502.1)  (from Ch. 48, par. 572.1)
7     Sec. 1502.1. Employer's benefit charges.
8     A. Benefit charges which result from payments to any
9 claimant made on or after July 1, 1989 shall be charged:
10         1. For benefit years beginning prior to July 1, 1989,
11     to each employer who paid wages to the claimant during his
12     base period;
13         2. For benefit years beginning on or after July 1, 1989
14     but before January 1, 1993, to the later of:
15             a. the last employer prior to the beginning of the
16         claimant's benefit year:
17                 i. from whom the claimant was separated or who,
18             by reduction of work offered, caused the claimant
19             to become unemployed as defined in Section 239,
20             and,
21                 ii. for whom the claimant performed services
22             in employment, on each of 30 days whether or not
23             such days are consecutive, provided that the wages
24             for such services were earned during the period
25             from the beginning of the claimant's base period to
26             the beginning of the claimant's benefit year; but
27             that employer shall not be charged if:
28                     (1) the claimant's last separation from
29                 that employer was a voluntary leaving without
30                 good cause, as the term is used in Section 601A
31                 or under the circumstances described in
32                 paragraphs 1 and 2 of Section 601B; or

 

 

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1                     (2) the claimant's last separation from
2                 that employer was a discharge for misconduct or
3                 a felony or theft connected with his work from
4                 that employer, as these terms are used in
5                 Section 602; or
6                     (3) after his last separation from that
7                 employer, prior to the beginning of his benefit
8                 year, the claimant refused to accept an offer
9                 of or to apply for suitable work from that
10                 employer without good cause, as these terms are
11                 used in Section 603; or
12                     (4) the claimant, following his last
13                 separation from that employer, prior to the
14                 beginning of his benefit year, is ineligible or
15                 would have been ineligible under Section 612 if
16                 he has or had had base period wages from the
17                 employers to which that Section applies; or
18                     (5) the claimant subsequently performed
19                 services for at least 30 days for an individual
20                 or organization which is not an employer
21                 subject to this Act; or
22             b. the single employer who pays wages to the
23         claimant that allow him to requalify for benefits after
24         disqualification under Section 601, 602 or 603, if:
25                 i. the disqualifying event occurred prior to
26             the beginning of the claimant's benefit year, and
27                 ii. the requalification occurred after the
28             beginning of the claimant's benefit year, and
29                 iii. even if the 30 day requirement given in
30             this paragraph is not satisfied; but
31                 iv. the requalifying employer shall not be
32             charged if the claimant is held ineligible with
33             respect to that requalifying employer under
34             Section 601, 602 or 603.
35         3. For benefit years beginning on or after January 1,
36     1993, with respect to each week for which benefits are

 

 

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1     paid, to the later of:
2             a. the last employer:
3                 i. from whom the claimant was separated or who,
4             by reduction of work offered, caused the claimant
5             to become unemployed as defined in Section 239, and
6                 ii. for whom the claimant performed services
7             in employment, on each of 30 days whether or not
8             such days are consecutive, provided that the wages
9             for such services were earned since the beginning
10             of the claimant's base period; but that employer
11             shall not be charged if:
12                     (1) the claimant's separation from that
13                 employer was a voluntary leaving without good
14                 cause, as the term is used in Section 601A or
15                 under the circumstances described in
16                 paragraphs 1, 2, and 6 of Section 601B; or
17                     (2) the claimant's separation from that
18                 employer was a discharge for misconduct or a
19                 felony or theft connected with his work from
20                 that employer, as these terms are used in
21                 Section 602; or
22                     (3) the claimant refused to accept an
23                 offer of or to apply for suitable work from
24                 that employer without good cause, as these
25                 terms are used in Section 603 (but only for
26                 weeks following the refusal of work); or
27                     (4) the claimant subsequently performed
28                 services for at least 30 days for an individual
29                 or organization which is not an employer
30                 subject to this Act; or
31                     (5) the claimant, following his separation
32                 from that employer, is ineligible or would have
33                 been ineligible under Section 612 if he has or
34                 had had base period wages from the employers to
35                 which that Section applies (but only for the
36                 period of ineligibility or potential

 

 

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1                 ineligibility); or
2             b. the single employer who pays wages to the
3         claimant that allow him to requalify for benefits after
4         disqualification under Section 601, 602, or 603, even
5         if the 30 day requirement given in this paragraph is
6         not satisfied; but the requalifying employer shall not
7         be charged if the claimant is held ineligible with
8         respect to that requalifying employer under Section
9         601, 602, or 603.
10     B. Whenever a claimant is ineligible pursuant to Section
11 614 on the basis of wages paid during his base period, any days
12 on which such wages were earned shall not be counted in
13 determining whether that claimant performed services during at
14 least 30 days for the employer that paid such wages as required
15 by paragraphs 2 and 3 of subsection A.
16     C. If no employer meets the requirements of paragraph 2 or
17 3 of subsection A, then no employer will be chargeable for any
18 benefit charges which result from the payment of benefits to
19 the claimant for that benefit year.
20     D. Notwithstanding the preceding provisions of this
21 Section, no employer shall be chargeable for any benefit
22 charges which result from the payment of benefits to any
23 claimant after the effective date of this amendatory Act of
24 1992 where the claimant's separation from that employer
25 occurred as a result of his detention, incarceration, or
26 imprisonment under State, local, or federal law.
27     D-1. Notwithstanding any other provision of this Section,
28 an employer shall not be chargeable for any benefit charges
29 which result from the payment of benefits to an individual for
30 any week of unemployment during the period that the employer's
31 business is closed solely because of the entrance of the
32 employer, one or more of the partners or officers of the
33 employer, or the majority stockholder of the employer into
34 active duty in the Illinois National Guard or the Armed Forces
35 of the United States.
36     E. For the purposes of Sections 302, 409, 701, 1403, 1404,

 

 

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1 1405 and 1508.1, last employer means the employer that:
2         1. is charged for benefit payments which become benefit
3     charges under this Section, or
4         2. would have been liable for such benefit charges if
5     it had not elected to make payments in lieu of
6     contributions.
7 (Source: P.A. 93-634, eff. 1-1-04.)
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.