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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1366 Introduced 2/4/2015, by Rep. Kelly M. Cassidy SYNOPSIS AS INTRODUCED: |
| 820 ILCS 405/611 | from Ch. 48, par. 441 |
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Amends the Unemployment Insurance Act. Provides that none of the amount
received by an individual as primary social security old age and disability
retirement benefits shall constitute disqualifying income.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB1366 | | LRB099 04070 JLS 24088 b |
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1 | | AN ACT concerning employment.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Unemployment Insurance Act is amended by |
5 | | changing
Section 611 as follows:
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6 | | (820 ILCS 405/611) (from Ch. 48, par. 441)
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7 | | Sec. 611. Retirement pay. A. For the purposes of this |
8 | | Section
"disqualifying income" means:
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9 | | 1. The entire amount which an individual has received or |
10 | | will
receive with respect to a week in the form of a retirement |
11 | | payment (a)
from an individual or organization (i) for which he
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12 | | performed services during his base period or which is liable |
13 | | for benefit
charges or payments in lieu of contributions as a |
14 | | result of the payment of
benefits to such individual and (ii) |
15 | | which pays
all of the cost of such retirement payment, or (b) |
16 | | from a trust, annuity
or insurance fund or under an annuity or |
17 | | insurance contract, to or under
which an individual or |
18 | | organization for which he
performed services during his base |
19 | | period or which is liable for benefit
charges or payments in |
20 | | lieu of contributions as a result of the payment of
benefits to |
21 | | such individual pays or has paid
all of the premiums or |
22 | | contributions; and
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23 | | 2. One-half the amount which an individual has received or |
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1 | | will
receive with respect to a week in the form of a retirement |
2 | | payment (a)
from an individual or organization (i) for which he
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3 | | performed services during his base period or which is liable |
4 | | for benefit
charges or payments in lieu of contributions as a |
5 | | result of the payment of
benefits to such individual and (ii) |
6 | | which pays
some, but not all, of the cost of such retirement |
7 | | payment, or (b) from a
trust, annuity or insurance fund |
8 | | (including primary social security old
age and disability |
9 | | retirement benefits, including those based on
self-employment) |
10 | | or under an annuity or insurance
contract, to or under which an |
11 | | individual or organization for which he
performed
services |
12 | | during his base period or which is liable for benefit charges |
13 | | or
payments in lieu of contributions as a result of the payment |
14 | | of benefits to
such individual pays or has paid some, but not |
15 | | all, of the premiums or
contributions.
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16 | | 3. Notwithstanding paragraphs
paragraph 1 and 2
above, the
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17 | | entire amount which an individual has received or will
receive, |
18 | | with respect to any week which begins after March 31, 1980, of
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19 | | any governmental or other pension, retirement, or retired pay, |
20 | | annuity
or any other similar periodic payment which is based on |
21 | | any previous work
of such individual during his base period or |
22 | | which is liable for benefit
charges or payments in lieu of |
23 | | contributions as a result of the payment of
benefits to such |
24 | | individual. This paragraph shall be in effect only if it is
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25 | | required as a condition for full tax credit against the tax |
26 | | imposed by
the Federal Unemployment Tax Act.
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1 | | 4. Notwithstanding paragraphs 1, 2, and 3 above, none of |
2 | | the amount that an individual
has received or will receive with |
3 | | respect to a week in the form of social security old age, |
4 | | survivors, and disability benefits under 42 U.S.C. Section 401 |
5 | | et seq., including those
based on self-employment, shall |
6 | | constitute disqualifying income.
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7 | | B. Whenever an individual has received or will receive a |
8 | | retirement
payment for a month, an amount shall be deemed to |
9 | | have been paid him for
each day equal to one-thirtieth of such |
10 | | retirement payment. If the
retirement payment is for a |
11 | | half-month, an amount shall be deemed to
have been paid the |
12 | | individual for each day equal to one-fifteenth of
such |
13 | | retirement payment. If the retirement payment is for any other
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14 | | period, an amount shall be deemed to have been paid the |
15 | | individual for
each day in such period equal to the retirement |
16 | | payment divided by the
number of days in the period.
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17 | | C. An individual shall be ineligible for benefits for any |
18 | | week with
respect to which his disqualifying income equals or |
19 | | exceeds his weekly
benefit amount. If such disqualifying income |
20 | | with respect to a week
totals less than the benefits for which |
21 | | he would otherwise be eligible
under this Act, he shall be |
22 | | paid, with respect to such week, benefits
reduced by the amount |
23 | | of such disqualifying income.
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24 | | D. To assure full tax credit to the employers of this State |
25 | | against
the tax imposed by the Federal Unemployment Tax Act, |
26 | | the Director shall
take any action as may be necessary in the |