|
|
|
SB0426 Engrossed |
|
LRB094 10557 WGH 40853 b |
|
|
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
|
|
|
|
SB0426 Engrossed |
- 2 - |
LRB094 10557 WGH 40853 b |
|
|
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 |
|
|
|
SB0426 Engrossed |
- 3 - |
LRB094 10557 WGH 40853 b |
|
|
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 |
|
|
|
SB0426 Engrossed |
- 4 - |
LRB094 10557 WGH 40853 b |
|
|
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 Act, |
28 |
| including those affecting finality of benefit charges or rates
|
29 |
| Section , an employer shall not be chargeable for any benefit |
30 |
| charges which result from the payment of benefits to an |
31 |
| individual for any week of unemployment after January 1, 2003,
|
32 |
| during the period that the employer's business is closed solely |
33 |
| because of the entrance of the employer, one or more of the |
34 |
| partners or officers of the employer, or the majority |
35 |
| stockholder of the employer into active duty in the Illinois |
36 |
| National Guard or the Armed Forces of the United States.
|
|
|
|
SB0426 Engrossed |
- 5 - |
LRB094 10557 WGH 40853 b |
|
|
1 |
| E. For the purposes of Sections 302, 409, 701, 1403, 1404, |
2 |
| 1405 and
1508.1, last employer means the employer that:
|
3 |
| 1. is charged for benefit payments which become benefit |
4 |
| charges under this
Section, or
|
5 |
| 2. would have been liable for such benefit charges if |
6 |
| it had not elected
to make payments in lieu of |
7 |
| contributions.
|
8 |
| (Source: P.A. 93-634, eff. 1-1-04; 93-1012, eff. 8-24-04.)
|
9 |
| Section 99. Effective date. This Act takes effect upon |
10 |
| becoming law.
|