SB2042 94TH GENERAL ASSEMBLY

LRB094 07280 WGH 37437 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2042

Introduced 2/25/2005, by Sen. Martin A. Sandoval

SYNOPSIS AS INTRODUCED:

820 ILCS 405/612

from Ch. 48, par. 442

Deletes existing provisions of the Unemployment Insurance Act regarding the eligibility of certain academic and other personnel between academic years and during vacation periods. Inserts language providing that an individual is ineligible for benefits on the basis of wages for services in an instructional, research, or principal administrative capacity performed for an educational institution (including services performed while in the employ of an educational service agency) during the period between 2 successive academic years or terms, during a paid sabbatical leave, or during an established and customary vacation period or holiday recess if the individual performed those services immediately before the period or recess and there is a reasonable assurance that the individual will perform those services after the period or recess.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

AN ACT concerning unemployment insurance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Unemployment Insurance Act is amended by changing Section 612 as follows:

(820 ILCS 405/612) (from Ch. 48, par. 442)

Sec. 612. Academic Personnel - Ineligibility between academic years or terms.

A. Benefits based on wages for services which are employment under the provisions of Sections 211.1, and 211.2, and 302C shall be payable in the same amount, on the same terms, and subject to the same conditions as benefits payable on the basis of wages for other services which are employment under this Act; except that an individual is ineligible for benefits, on the basis of wages for services in an instructional, research, or principal administrative capacity performed:

1. For an educational institution, for any week that begins during the period between 2 successive academic years or terms (or, when an agreement provides instead for a similar period between 2 regular but not successive terms, during that period) or during a period of paid sabbatical leave provided for in the individual's contract, if the individual performs those services in the first of the academic years (or terms) and there is a contract or reasonable assurance that the individual will perform services in any such capacity for any educational institution, in the second of those academic years or terms.

2. For an educational institution, for any week that begins during an established and customary vacation period or holiday recess, if the individual performs those services in the period immediately before the vacation period or holiday recess and there is a reasonable assurance that the individual will perform those services in the period immediately following the vacation period or holiday recess.

3. In an educational institution, while in the employ of an educational service agency for any week: (i) during a period between 2 successive academic years or terms, if the individual performed those services in the first of those academic years or terms and there is a reasonable assurance that the individual will perform those services in the second of those academic years or terms; and (ii) during an established and customary vacation period or holiday recess, if the individual performed those services in the period immediately before the vacation period or holiday recess and there is a reasonable assurance that the individual will perform those services in the period immediately following the vacation period or holiday recess. As used in this Section, "educational service agency" means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing such service to one or more educational institutions.

: 1. an individual shall be ineligible for benefits, on the basis of wages for employment in an instructional, research, or principal administrative capacity performed for an institution of higher education, for any week which begins during the period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual has a contract or contracts to perform services in any such capacity for any institution or institutions of higher education for both such academic years or both such terms.

This paragraph 1 shall apply with respect to any week which begins prior to January 1, 1978.

2. An individual shall be ineligible for benefits, on the basis of wages for service in employment in any capacity other than those referred to in paragraph 1, performed for an institution of higher learning, for any week which begins after September 30, 1983, during a period between two successive academic years or terms, if the individual performed such service in the first of such academic years or terms and there is a reasonable assurance that the individual will perform such service in the second of such academic years or terms.

3. An individual shall be ineligible for benefits, on the basis of wages for service in employment in any capacity other than those referred to in paragraph 1, performed for an institution of higher education, for any week which begins after January 5, 1985, during an established and customary vacation period or holiday recess, if the individual performed such service in the period immediately before such vacation period or holiday recess and there is a reasonable assurance that the individual will perform such service in the period immediately following such vacation period or holiday recess.

B. Benefits based on wages for services which are employment under the provisions of Sections 211.1 and 211.2 shall be payable in the same amount, on the same terms, and subject to the same conditions, as benefits payable on the basis of wages for other services which are employment under this Act, except that: 1. an individual shall be ineligible for benefits, on the basis of wages for service in employment in an instructional, research, or principal administrative capacity performed for an educational institution, for any week which begins after December 31, 1977, during a period between two successive academic years, or during a similar period between two regular terms, whether or not successive, or during a period of paid sabbatical leave provided for in the individual's contract, if the individual performed such service in the first of such academic years (or terms) and if there is a contract or a reasonable assurance that the individual will perform service in any such capacity for any educational institution in the second of such academic years (or terms).

2. An individual shall be ineligible for benefits, on the basis of wages for service in employment in any capacity other than those referred to in paragraph 1, performed for an educational institution, for any week which begins after December 31, 1977, during a period between two successive academic years or terms, if the individual performed such service in the first of such academic years or terms and there is a reasonable assurance that the individual will perform such service in the second of such academic years or terms.

3. An individual shall be ineligible for benefits, on the basis of wages for service in employment in any capacity performed for an educational institution, for any week which begins after January 5, 1985, during an established and customary vacation period or holiday recess, if the individual performed such service in the period immediately before such vacation period or holiday recess and there is a reasonable assurance that the individual will perform such service in the period immediately following such vacation period or holiday recess.

4. An individual shall be ineligible for benefits on the basis of wages for service in employment in any capacity performed in an educational institution while in the employ of an educational service agency for any week which begins after January 5, 1985, (a) during a period between two successive academic years or terms, if the individual performed such service in the first of such academic years or terms and there is a reasonable assurance that the individual will perform such service in the second of such academic years or terms; and (b) during an established and customary vacation period or holiday recess, if the individual performed such service in the period immediately before such vacation period or holiday recess and there is a reasonable assurance that the individual will perform such service in the period immediately following such vacation period or holiday recess. The term "educational service agency" means a governmental agency or governmental entity which is established and operated exclusively for the purpose of providing such services to one or more educational institutions.

C. 1. If benefits are denied to any individual under the provisions of paragraph 2 of either subsection A or B of this Section for any week which begins on or after September 3, 1982 and such individual is not offered a bona fide opportunity to perform such services for the educational institution for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits as determined by the rules and regulations issued by the Director for the filing of claims for benefits, provided that such benefits were denied solely because of the provisions of paragraph 2 of either subsection A or B of this Section.

2. If benefits on the basis of wages for service in employment in other than an instructional, research, or principal administrative capacity performed in an educational institution while in the employ of an educational service agency are denied to any individual under the provisions of subparagraph (a) of paragraph 4 of subsection B and such individual is not offered a bona fide opportunity to perform such services in an educational institution while in the employ of an educational service agency for the second of such academic years or terms, such individual shall be entitled to a retroactive payment of benefits for each week for which the individual filed a timely claim for benefits as determined by the rules and regulations issued by the Director for the filing of claims for benefits, provided that such benefits were denied solely because of subparagraph (a) of paragraph 4 of subsection B of this Section.

(Source: P.A. 87-1178.)