|
||||||||||||||||||||||
|
||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
| ||||||||||||||||||||||
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 500 and 612
as follows:
| |||||||||||||||||||||
6 | (820 ILCS 405/500) (from Ch. 48, par. 420)
| |||||||||||||||||||||
7 | Sec. 500. Eligibility for benefits. An unemployed | |||||||||||||||||||||
8 | individual shall
be eligible to receive benefits with respect | |||||||||||||||||||||
9 | to any week only if the
Director finds that:
| |||||||||||||||||||||
10 | A. He has registered for work at and thereafter has | |||||||||||||||||||||
11 | continued to
report at an employment office in accordance with | |||||||||||||||||||||
12 | such regulations as
the Director may prescribe, except that the | |||||||||||||||||||||
13 | Director may, by regulation,
waive or alter either or both of | |||||||||||||||||||||
14 | the requirements of this subsection as
to individuals attached | |||||||||||||||||||||
15 | to regular jobs, and as to such other types of
cases or | |||||||||||||||||||||
16 | situations with respect to which he finds that compliance with
| |||||||||||||||||||||
17 | such requirements would be oppressive or inconsistent with the | |||||||||||||||||||||
18 | purposes
of this Act, provided that no such regulation shall | |||||||||||||||||||||
19 | conflict with
Section 400 of this Act.
| |||||||||||||||||||||
20 | B. He has made a claim for benefits with respect to such | |||||||||||||||||||||
21 | week in
accordance with such regulations as the Director may | |||||||||||||||||||||
22 | prescribe.
| |||||||||||||||||||||
23 | C. He is able to work, and is available for work; provided |
| |||||||
| |||||||
1 | that
during the period in question he was actively seeking work | ||||||
2 | and he has
certified such. Whenever requested to do so by the | ||||||
3 | Director, the individual
shall, in the manner the Director | ||||||
4 | prescribes by regulation, inform the
Department of the places | ||||||
5 | at
which he has sought work during the period in question.
| ||||||
6 | Nothing in this subsection shall limit
the Director's approval | ||||||
7 | of alternate methods of demonstrating an active
search for work
| ||||||
8 | based on regular reporting to a trade union office.
| ||||||
9 | 1. If an otherwise eligible individual is unable to | ||||||
10 | work or is
unavailable for work on any normal workday of | ||||||
11 | the week, he shall be
eligible to receive benefits with | ||||||
12 | respect to such week reduced by
one-fifth of his weekly | ||||||
13 | benefit amount for each day of such inability to
work or | ||||||
14 | unavailability for work. For the purposes of this | ||||||
15 | paragraph, an
individual who reports on a day subsequent to | ||||||
16 | his designated report day
shall be deemed unavailable for | ||||||
17 | work on his report day if his failure to
report on that day | ||||||
18 | is without good cause, and on each intervening day,
if any, | ||||||
19 | on which his failure to report is without good cause. As | ||||||
20 | used
in the preceding sentence, "report day" means the day | ||||||
21 | which has been
designated for the individual to report to | ||||||
22 | file his claim for benefits
with respect to any week. This | ||||||
23 | paragraph shall not be construed so as
to effect any change | ||||||
24 | in the status of part-time workers as defined in
Section | ||||||
25 | 407.
| ||||||
26 | 2. An individual shall be considered to be unavailable |
| |||||||
| |||||||
1 | for work on
days listed as whole holidays in "An Act to | ||||||
2 | revise the law in relation
to promissory notes, bonds, due | ||||||
3 | bills and other instruments in writing,"
approved March 18, | ||||||
4 | 1874, as amended; on days which are holidays in his
| ||||||
5 | religion or faith, and on days which are holidays according | ||||||
6 | to the
custom of his trade or occupation, if his failure to | ||||||
7 | work on such day is
a result of the holiday. In determining | ||||||
8 | the claimant's eligibility for
benefits and the amount to | ||||||
9 | be paid him, with respect to the week in
which such holiday | ||||||
10 | occurs, he shall have attributed to him as additional
| ||||||
11 | earnings for that week an amount equal to one-fifth of his | ||||||
12 | weekly
benefit amount for each normal work day on which he | ||||||
13 | does not work
because of a holiday of the type above | ||||||
14 | enumerated.
| ||||||
15 | 3. An individual shall be deemed unavailable for work | ||||||
16 | if, after his
separation from his most recent employing | ||||||
17 | unit, he has removed himself
to and remains in a locality | ||||||
18 | where opportunities for work are
substantially less | ||||||
19 | favorable than those in the locality he has left.
| ||||||
20 | 4. An individual shall be deemed unavailable for work | ||||||
21 | with respect
to any week which occurs in a period when his | ||||||
22 | principal occupation is
that of a student in attendance at, | ||||||
23 | or on vacation from, a public or
private school.
| ||||||
24 | 5. Notwithstanding any other provisions of this Act, an | ||||||
25 | individual
shall not be deemed unavailable for work or to | ||||||
26 | have failed actively to
seek work, nor shall he be |
| |||||||
| |||||||
1 | ineligible for benefits by reason of the
application of the | ||||||
2 | provisions of Section 603, with respect to any week,
| ||||||
3 | because he is enrolled in and is in regular attendance at a | ||||||
4 | training
course approved for him by the Director:
| ||||||
5 | (a) but only if, with respect to
that week, the | ||||||
6 | individual presents,
upon request,
to the claims | ||||||
7 | adjudicator referred to
in Section 702 a statement | ||||||
8 | executed by a responsible person connected
with the | ||||||
9 | training course, certifying that the individual was in
| ||||||
10 | full-time attendance at such course during the week. | ||||||
11 | The Director may
approve such course for an individual | ||||||
12 | only if he finds that (1)
reasonable work opportunities | ||||||
13 | for which the individual is fitted by
training and | ||||||
14 | experience do not exist in his locality; (2) the | ||||||
15 | training course
relates to an occupation or skill for | ||||||
16 | which there are, or are
expected to be in the immediate | ||||||
17 | future, reasonable work opportunities in
his locality; | ||||||
18 | (3) the training course is offered by a competent and
| ||||||
19 | reliable agency, educational institution, or employing | ||||||
20 | unit; (4)
the individual has the required | ||||||
21 | qualifications and aptitudes to complete the
course | ||||||
22 | successfully; and (5) the individual is not receiving | ||||||
23 | and is not
eligible (other than because he has claimed | ||||||
24 | benefits under this Act) for
subsistence payments or | ||||||
25 | similar assistance under any public or private
| ||||||
26 | retraining program: Provided, that the Director shall |
| |||||||
| |||||||
1 | not disapprove
such course solely by reason of clause | ||||||
2 | (5) if the subsistence payment or
similar assistance is | ||||||
3 | subject to reduction by an amount equal to any
benefits | ||||||
4 | payable to the individual under this Act in the absence | ||||||
5 | of the
clause. In the event that an individual's weekly | ||||||
6 | unemployment
compensation benefit is less than his | ||||||
7 | certified training allowance, that
person shall be | ||||||
8 | eligible to receive his entire unemployment | ||||||
9 | compensation
benefits, plus such supplemental training | ||||||
10 | allowances that would make an
applicant's total weekly | ||||||
11 | benefit identical to the original certified
training | ||||||
12 | allowance.
| ||||||
13 | (b) The Director shall have the authority to grant | ||||||
14 | approval pursuant to
subparagraph (a) above prior to an | ||||||
15 | individual's formal admission into a
training course. | ||||||
16 | Requests for approval shall not be made more than 30 | ||||||
17 | days
prior to the actual starting date of such course. | ||||||
18 | Requests shall be made
at the appropriate unemployment | ||||||
19 | office.
| ||||||
20 | (c) The Director shall for purposes of paragraph C | ||||||
21 | have the authority
to issue a blanket approval of | ||||||
22 | training programs implemented pursuant to
the federal | ||||||
23 | Workforce Investment Act of 1998 if both the training | ||||||
24 | program and the criteria for an individual's
| ||||||
25 | participation in such training meet the requirements | ||||||
26 | of this paragraph C.
|
| |||||||
| |||||||
1 | (d) Notwithstanding the requirements of | ||||||
2 | subparagraph (a), the Director
shall have the | ||||||
3 | authority to issue blanket approval of training | ||||||
4 | programs
implemented under the terms of a collective | ||||||
5 | bargaining agreement.
| ||||||
6 | 6. Notwithstanding any other provisions of this Act, an | ||||||
7 | individual shall
not be deemed unavailable for work or to | ||||||
8 | have failed actively to seek work,
nor shall he be | ||||||
9 | ineligible for benefits, by reason of the application of
| ||||||
10 | the provisions of Section 603 with respect to any week | ||||||
11 | because he is in
training approved under Section 236 (a)(1) | ||||||
12 | of the federal Trade Act of 1974,
nor shall an individual | ||||||
13 | be ineligible for benefits under the provisions
of Section | ||||||
14 | 601 by reason of leaving work voluntarily to enter such | ||||||
15 | training
if the work left is not of a substantially equal | ||||||
16 | or higher skill level than
the individual's past adversely | ||||||
17 | affected employment as defined under the
federal Trade Act | ||||||
18 | of 1974 and the wages for such work are less than 80% of | ||||||
19 | his
average weekly wage as determined under the federal | ||||||
20 | Trade Act of 1974.
| ||||||
21 | D. If his benefit year begins prior to July 6, 1975 or | ||||||
22 | subsequent to
January 2, 1982, he has been unemployed for a | ||||||
23 | waiting period of 1 week
during such benefit year. If his | ||||||
24 | benefit year begins on or after July 6,
l975, but prior to | ||||||
25 | January 3, 1982, and his unemployment
continues for more than | ||||||
26 | three weeks during such benefit year, he shall
be eligible for |
| |||||||
| |||||||
1 | benefits with respect to each week of such unemployment,
| ||||||
2 | including the first week thereof. An individual shall be deemed | ||||||
3 | to be
unemployed within the meaning of this subsection while | ||||||
4 | receiving public
assistance as remuneration for services | ||||||
5 | performed on work projects
financed from funds made available | ||||||
6 | to governmental agencies for such
purpose. No week shall be | ||||||
7 | counted as a week of unemployment for the
purposes of this | ||||||
8 | subsection:
| ||||||
9 | 1. Unless it occurs within the benefit year which | ||||||
10 | includes the week
with respect to which he claims payment | ||||||
11 | of benefits, provided that, for
benefit years beginning | ||||||
12 | prior to January 3, 1982, this
requirement shall not | ||||||
13 | interrupt the payment of benefits for consecutive
weeks of | ||||||
14 | unemployment; and provided further that the week | ||||||
15 | immediately
preceding a benefit year, if part of one | ||||||
16 | uninterrupted period of
unemployment which continues into | ||||||
17 | such benefit year, shall be deemed
(for the purpose of this | ||||||
18 | subsection only and with respect to benefit years
beginning | ||||||
19 | prior to January 3, 1982, only) to be within such benefit
| ||||||
20 | year, as well as within the preceding benefit year, if the | ||||||
21 | unemployed
individual would, except for the provisions of | ||||||
22 | the first paragraph and
paragraph 1 of this subsection and | ||||||
23 | of Section 605, be eligible for and
entitled to benefits | ||||||
24 | for such week.
| ||||||
25 | 2. If benefits have been paid with respect thereto.
| ||||||
26 | 3. Unless the individual was eligible for benefits with |
| |||||||
| |||||||
1 | respect
thereto except for the requirements of this | ||||||
2 | subsection and of Section
605.
| ||||||
3 | E. With respect to any benefit year beginning prior to | ||||||
4 | January 3, 1982,
he has been paid during his base period wages | ||||||
5 | for insured work not
less than the amount specified in Section | ||||||
6 | 500E of this Act as amended
and in effect on October 5, 1980. | ||||||
7 | With respect to any benefit year
beginning on or after January | ||||||
8 | 3, 1982, he has been paid during his base
period wages for | ||||||
9 | insured work equal to not less than $1,600, provided that
he | ||||||
10 | has been paid wages for insured work equal to at least $440 | ||||||
11 | during that
part of his base period which does not include the | ||||||
12 | calendar quarter in
which the wages paid to him were highest.
| ||||||
13 | F. During that week he has participated in reemployment | ||||||
14 | services to which
he has been referred, including but not | ||||||
15 | limited to job search assistance
services, pursuant to a | ||||||
16 | profiling system established by the Director by rule in
| ||||||
17 | conformity with Section 303(j)(1) of the federal Social | ||||||
18 | Security Act, unless
the Director determines that:
| ||||||
19 | 1. the individual has completed such services; or
| ||||||
20 | 2. there is justifiable cause for the claimant's | ||||||
21 | failure to participate in
such services.
| ||||||
22 | This subsection F is added by this amendatory Act of 1995 | ||||||
23 | to clarify
authority already provided under subsections A and C | ||||||
24 | in connection with the
unemployment insurance claimant | ||||||
25 | profiling system required under subsections
(a)(10) and (j)(1) | ||||||
26 | of Section 303 of the federal Social Security Act as a
|
| |||||||
| |||||||
1 | condition of federal
funding for the administration of the | ||||||
2 | Unemployment Insurance Act.
| ||||||
3 | (Source: P.A. 92-396, eff. 1-1-02.)
| ||||||
4 | (820 ILCS 405/612) (from Ch. 48, par. 442)
| ||||||
5 | Sec. 612. Academic Personnel - Ineligibility
between | ||||||
6 | academic years or
terms.
| ||||||
7 | A. Benefits based on wages for services which are | ||||||
8 | employment under
the provisions of Sections 211.1 ,
and 211.2 ,
| ||||||
9 | and 302C shall be
payable in the same
amount, on the same | ||||||
10 | terms, and subject to the same conditions as benefits
payable | ||||||
11 | on the basis of wages for other services which are employment | ||||||
12 | under
this Act; except that
an individual is ineligible for | ||||||
13 | benefits, on the basis of wages for
services in an | ||||||
14 | instructional, research, or principal administrative capacity
| ||||||
15 | performed:
| ||||||
16 | 1. For an educational institution,
for any week that | ||||||
17 | begins during the
period between 2 successive academic | ||||||
18 | years or terms (or, when an agreement
provides instead for | ||||||
19 | a similar period between 2 regular but not successive
| ||||||
20 | terms,
during that period) or during a period of paid | ||||||
21 | sabbatical leave provided for in
the individual's | ||||||
22 | contract, if the individual performs those services in the
| ||||||
23 | first of the academic years (or terms) and there is a | ||||||
24 | contract or
reasonable assurance that the individual will | ||||||
25 | perform services in any such
capacity for any educational |
| |||||||
| |||||||
1 | institution,
in the second of those academic years
or | ||||||
2 | terms.
| ||||||
3 | 2. For an educational institution,
for any week that | ||||||
4 | begins during an
established and customary vacation period | ||||||
5 | or holiday recess, if the individual
performs those | ||||||
6 | services in the period immediately before the vacation | ||||||
7 | period or
holiday recess and there is a reasonable | ||||||
8 | assurance that the individual will
perform those services | ||||||
9 | in the period immediately following the vacation period
or | ||||||
10 | holiday recess.
| ||||||
11 | 3. In an educational institution,
while in the employ | ||||||
12 | of an educational
service agency for any week: (i) during a | ||||||
13 | period between 2 successive academic
years or terms, if the | ||||||
14 | individual performed those services in the first of
those | ||||||
15 | academic years or terms and there is a reasonable assurance | ||||||
16 | that the
individual will perform those services in the | ||||||
17 | second of those academic years or
terms; and (ii) during an | ||||||
18 | established and customary vacation period or holiday
| ||||||
19 | recess, if the individual performed those services in the | ||||||
20 | period immediately
before the vacation period or holiday | ||||||
21 | recess and there is a reasonable
assurance that the | ||||||
22 | individual will perform those services in the period
| ||||||
23 | immediately following the vacation period or holiday | ||||||
24 | recess. As used in this
Section,
"educational service | ||||||
25 | agency" means a governmental agency or governmental entity
| ||||||
26 | that is established and operated exclusively for the |
| |||||||
| |||||||
1 | purpose of providing such
service to one or more | ||||||
2 | educational institutions.
| ||||||
3 | : 1. an individual shall be ineligible for
benefits, on the | ||||||
4 | basis of wages for employment in an instructional, research,
or | ||||||
5 | principal administrative capacity performed for an institution | ||||||
6 | of higher
education, for any week which begins during the | ||||||
7 | period between two successive
academic years, or during a | ||||||
8 | similar period between two regular terms, whether
or not | ||||||
9 | successive, or during a period of paid sabbatical leave | ||||||
10 | provided
for in the individual's contract, if the individual | ||||||
11 | has a
contract or contracts to perform services in any such | ||||||
12 | capacity for any
institution
or institutions of higher | ||||||
13 | education for both such academic years or both such
terms.
| ||||||
14 | This paragraph 1 shall apply with respect to any week
which | ||||||
15 | begins prior
to January 1, 1978.
| ||||||
16 | 2. An individual shall be ineligible for benefits, on | ||||||
17 | the basis of wages
for service in employment in any | ||||||
18 | capacity other than those referred to in
paragraph 1, | ||||||
19 | performed for an institution of higher learning, for
any | ||||||
20 | week which begins after September 30, 1983, during a period | ||||||
21 | between
two successive academic years or terms, if the | ||||||
22 | individual performed such
service in the first of such | ||||||
23 | academic years or terms and there is a reasonable
assurance
| ||||||
24 | that the individual will perform such service in the second | ||||||
25 | of such academic
years or terms.
| ||||||
26 | 3. An individual shall be ineligible for benefits, on |
| |||||||
| |||||||
1 | the basis of
wages for service in employment in any | ||||||
2 | capacity other than those referred
to in paragraph 1, | ||||||
3 | performed for an institution of higher education, for
any | ||||||
4 | week which begins after January 5, 1985, during an | ||||||
5 | established and
customary vacation period or holiday | ||||||
6 | recess, if the individual performed
such service in the | ||||||
7 | period immediately before such vacation period or
holiday | ||||||
8 | recess and there is a reasonable assurance that the | ||||||
9 | individual will
perform such service in the period | ||||||
10 | immediately following such vacation
period or holiday | ||||||
11 | recess.
| ||||||
12 | B. Benefits based on wages for services which are | ||||||
13 | employment under the
provisions of Sections 211.1 and 211.2 | ||||||
14 | shall be payable in the same amount,
on the same terms, and | ||||||
15 | subject to the same conditions, as benefits payable
on the | ||||||
16 | basis
of wages for other services which are employment under | ||||||
17 | this Act, except that:
1. an individual shall be ineligible for | ||||||
18 | benefits, on the basis of wages
for service in employment
in an | ||||||
19 | instructional, research, or principal administrative capacity | ||||||
20 | performed
for an educational institution, for any week which | ||||||
21 | begins after December
31, 1977, during a period between two | ||||||
22 | successive academic years, or during
a similar period between | ||||||
23 | two regular terms, whether or not successive, or
during a | ||||||
24 | period of paid sabbatical leave provided for in the | ||||||
25 | individual's
contract, if the individual performed such | ||||||
26 | service in the first of such
academic years (or terms) and if |
| |||||||
| |||||||
1 | there is a contract or a reasonable assurance
that the | ||||||
2 | individual will perform service in any such capacity for any
| ||||||
3 | educational
institution in the second of such academic years | ||||||
4 | (or terms).
| ||||||
5 | 2. An individual shall be ineligible for benefits, on | ||||||
6 | the basis of wages
for service in employment in any | ||||||
7 | capacity other than those referred to in
paragraph 1, | ||||||
8 | performed for an educational institution,
for any week | ||||||
9 | which
begins after December 31, 1977, during a period | ||||||
10 | between two successive academic
years or terms, if the | ||||||
11 | individual performed such service in the first of
such | ||||||
12 | academic years or terms and there is a reasonable assurance | ||||||
13 | that the
individual will perform such service in the second | ||||||
14 | of such academic years or
terms.
| ||||||
15 | 3. An individual shall be ineligible for benefits, on | ||||||
16 | the basis of
wages for service in employment in any | ||||||
17 | capacity performed for an
educational institution, for any | ||||||
18 | week which begins after January 5, 1985,
during an | ||||||
19 | established and customary vacation period or holiday | ||||||
20 | recess, if
the individual performed such service in the | ||||||
21 | period immediately before such
vacation period or holiday | ||||||
22 | recess and there is a reasonable assurance that
the | ||||||
23 | individual will perform such service in the period | ||||||
24 | immediately
following such vacation period or holiday | ||||||
25 | recess.
| ||||||
26 | 4. An individual shall be ineligible for benefits on |
| |||||||
| |||||||
1 | the basis of wages
for service in employment in any | ||||||
2 | capacity performed in an educational
institution while in | ||||||
3 | the employ of an educational service agency
for any week | ||||||
4 | which begins after January 5, 1985, (a) during a period
| ||||||
5 | between two successive academic years or terms, if the | ||||||
6 | individual performed
such service in the first of such | ||||||
7 | academic years or terms and there is
a reasonable assurance | ||||||
8 | that the individual will perform such service in
the second | ||||||
9 | of such academic years or terms; and (b) during an | ||||||
10 | established
and customary vacation period or holiday | ||||||
11 | recess, if the individual performed
such service in the | ||||||
12 | period immediately before such vacation period or holiday
| ||||||
13 | recess and there is a reasonable assurance that the | ||||||
14 | individual will perform
such service in the period | ||||||
15 | immediately following such vacation period or
holiday | ||||||
16 | recess.
The term "educational service agency" means a | ||||||
17 | governmental agency or
governmental
entity which is | ||||||
18 | established and operated exclusively for the purpose of
| ||||||
19 | providing such services to one or more educational | ||||||
20 | institutions.
| ||||||
21 | C. 1. If benefits are denied to any individual under the | ||||||
22 | provisions of
paragraph
2 of either subsection A or B of this | ||||||
23 | Section for any
week which begins
on or after September 3, 1982 | ||||||
24 | and such individual is not offered a bona
fide opportunity to | ||||||
25 | perform such services for the educational institution
for the | ||||||
26 | second of such academic years or terms, such individual shall |
| |||||||
| |||||||
1 | be
entitled to a retroactive payment of benefits for each week | ||||||
2 | for which the
individual filed a timely claim for benefits as | ||||||
3 | determined by the rules
and regulations issued by the Director | ||||||
4 | for the filing of claims for benefits,
provided that such | ||||||
5 | benefits were denied solely because of the provisions
of | ||||||
6 | paragraph 2 of either subsection A or B of this
Section.
| ||||||
7 | 2. If benefits on the basis of wages for service in | ||||||
8 | employment in
other than an instructional, research, or | ||||||
9 | principal administrative capacity
performed in an educational | ||||||
10 | institution while in the employ of an
educational service | ||||||
11 | agency are denied to any individual under the
provisions of | ||||||
12 | subparagraph (a) of paragraph 4 of subsection B and
such
| ||||||
13 | individual is not offered a bona fide opportunity to perform | ||||||
14 | such services
in an educational institution while in the employ | ||||||
15 | of an educational service
agency for the second of such | ||||||
16 | academic years or terms, such individual
shall be entitled to a | ||||||
17 | retroactive payment of benefits for each week for
which the | ||||||
18 | individual filed a timely claim for benefits as determined by | ||||||
19 | the
rules and regulations issued by the Director for the filing | ||||||
20 | of claims for
benefits, provided that such benefits were denied | ||||||
21 | solely because
of subparagraph (a) of paragraph 4 of subsection | ||||||
22 | B of this
Section.
| ||||||
23 | (Source: P.A. 87-1178.)
| ||||||
24 | Section 10. This Section 10 applies with respect to a | ||||||
25 | period between 2 successive academic years or terms where the |
| |||||||
| |||||||
1 | period begins prior to the effective date of this Act. When an | ||||||
2 | individual is, with respect to any portion of that period, | ||||||
3 | denied benefits pursuant to Section 612 of the Unemployment | ||||||
4 | Insurance Act on the basis of wages for service other than in | ||||||
5 | an instructional, research, or principal administrative | ||||||
6 | capacity and the individual is not offered a bona fide | ||||||
7 | opportunity to perform such service for the second of such | ||||||
8 | academic years or terms, the provisions of that Section 612, as | ||||||
9 | in effect immediately prior to the effective date of this Act, | ||||||
10 | shall continue to apply with respect to such portion. |