Illinois General Assembly - Full Text of SB3009
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Full Text of SB3009  102nd General Assembly

SB3009 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3009

 

Introduced 1/5/2022, by Sen. Linda Holmes

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/612  from Ch. 48, par. 442

    Amends the Unemployment Insurance Act. In a provision making certain academic personnel ineligible for unemployment benefits during the period between 2 successive academic years if there is a reasonable assurance such individuals would perform services for the educational institution during the period immediately following the first academic year or term, provides that in order for there to be "reasonable assurance" certain requirements must be met, including, but not limited to: (i) the educational institution has made an offer of employment in the following academic year or term that is either written, oral, or implied; (ii) the employment offered in the following academic year or term is in the same capacity; and (iii) based on a totality of the circumstances, it is highly probable that there is a job available for the claimant in the following academic year or term. Requires determinations by the Department of Employment Security to be done on a case-by-case basis. Requires each educational institution to provide the Department, in a form prescribed by the Director of Employment Security, no less than 10 business days prior to the end of the academic year or term: (1) a list of all employees who the educational institution has concluded do not have a reasonable assurance of employment in the following academic year or term; and (2) for each employee that the educational institution maintains does have a reasonable assurance of employment in the following academic year or term, a statement explaining the manner in which the employee was given a reasonable assurance of employment. Provides that an educational institution's failure to provide the statement required under item (2) shall result in a rebuttable presumption that the claimant does not have a reasonable assurance of employment in the following academic year or term. Provides that any rules adopted to implement the amendatory Act must meet federal requirements.


LRB102 22163 KTG 31292 b

 

 

A BILL FOR

 

SB3009LRB102 22163 KTG 31292 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Section 612 as follows:
 
6    (820 ILCS 405/612)  (from Ch. 48, par. 442)
7    Sec. 612. Academic personnel; ineligibility personnel -
8ineligibility between academic years or terms.
9    A. Benefits based on wages for services which are
10employment under the provisions of Sections 211.1, 211.2, and
11302C shall be payable in the same amount, on the same terms,
12and subject to the same conditions as benefits payable on the
13basis of wages for other services which are employment under
14this Act; except that:
15        1. An individual shall be ineligible for benefits, on
16    the basis of wages for employment in an instructional,
17    research, or principal administrative capacity performed
18    for an institution of higher education, for any week which
19    begins during the period between two successive academic
20    years, or during a similar period between two regular
21    terms, whether or not successive, or during a period of
22    paid sabbatical leave provided for in the individual's
23    contract, if the individual has a contract or contracts to

 

 

SB3009- 2 -LRB102 22163 KTG 31292 b

1    perform services in any such capacity for any institution
2    or institutions of higher education for both such academic
3    years or both such terms.
4        This paragraph 1 shall apply with respect to any week
5    which begins prior to January 1, 1978.
6        2. An individual shall be ineligible for benefits, on
7    the basis of wages for service in employment in any
8    capacity other than those referred to in paragraph 1,
9    performed for an institution of higher learning, for any
10    week which begins after September 30, 1983, during a
11    period between two successive academic years or terms, if
12    the individual performed such service in the first of such
13    academic years or terms and there is a reasonable
14    assurance that the individual will perform such service in
15    the second of such academic years or terms.
16        3. 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 education, for any
20    week which begins after January 5, 1985, during an
21    established and customary vacation period or holiday
22    recess, if the individual performed such service in the
23    period immediately before such vacation period or holiday
24    recess and there is a reasonable assurance that the
25    individual will perform such service in the period
26    immediately following such vacation period or holiday

 

 

SB3009- 3 -LRB102 22163 KTG 31292 b

1    recess.
2    B. Benefits based on wages for services which are
3employment under the provisions of Sections 211.1 and 211.2
4shall be payable in the same amount, on the same terms, and
5subject to the same conditions, as benefits payable on the
6basis of wages for other services which are employment under
7this Act, except that:
8        1. An individual shall be ineligible for benefits, on
9    the basis of wages for service in employment in an
10    instructional, research, or principal administrative
11    capacity performed for an educational institution, for any
12    week which begins after December 31, 1977, during a period
13    between two successive academic years, or during a similar
14    period between two regular terms, whether or not
15    successive, or during a period of paid sabbatical leave
16    provided for in the individual's contract, if the
17    individual performed such service in the first of such
18    academic years (or terms) and if there is a contract or a
19    reasonable assurance that the individual will perform
20    service in any such capacity for any educational
21    institution in the second of such academic years (or
22    terms).
23        2. An individual shall be ineligible for benefits, on
24    the basis of wages for service in employment in any
25    capacity other than those referred to in paragraph 1,
26    performed for an educational institution, for any week

 

 

SB3009- 4 -LRB102 22163 KTG 31292 b

1    which begins after December 31, 1977, during a period
2    between two successive academic years or terms, if the
3    individual performed such service in the first of such
4    academic years or terms and there is a reasonable
5    assurance that the individual will perform such service in
6    the second of such academic years or terms.
7        3. An individual shall be ineligible for benefits, on
8    the basis of wages for service in employment in any
9    capacity performed for an educational institution, for any
10    week which begins after January 5, 1985, during an
11    established and customary vacation period or holiday
12    recess, if the individual performed such service in the
13    period immediately before such vacation period or holiday
14    recess and there is a reasonable assurance that the
15    individual will perform such service in the period
16    immediately following such vacation period or holiday
17    recess.
18        4. An individual shall be ineligible for benefits on
19    the basis of wages for service in employment in any
20    capacity performed in an educational institution while in
21    the employ of an educational service agency for any week
22    which begins after January 5, 1985, (a) during a period
23    between two successive academic years or terms, if the
24    individual performed such service in the first of such
25    academic years or terms and there is a reasonable
26    assurance that the individual will perform such service in

 

 

SB3009- 5 -LRB102 22163 KTG 31292 b

1    the second of such academic years or terms; and (b) during
2    an established and customary vacation period or holiday
3    recess, if the individual performed such service in the
4    period immediately before such vacation period or holiday
5    recess and there is a reasonable assurance that the
6    individual will perform such service in the period
7    immediately following such vacation period or holiday
8    recess. The term "educational service agency" means a
9    governmental agency or governmental entity which is
10    established and operated exclusively for the purpose of
11    providing such services to one or more educational
12    institutions.
13    C. 1. If benefits are denied to any individual under the
14provisions of paragraph 2 of either subsection A or B of this
15Section for any week which begins on or after September 3, 1982
16and such individual is not offered a bona fide opportunity to
17perform such services for the educational institution for the
18second of such academic years or terms, such individual shall
19be entitled to a retroactive payment of benefits for each week
20for which the individual filed a timely claim for benefits as
21determined by the rules and regulations issued by the Director
22for the filing of claims for benefits, provided that such
23benefits were denied solely because of the provisions of
24paragraph 2 of either subsection A or B of this Section.
25    2. If benefits on the basis of wages for service in
26employment in other than an instructional, research, or

 

 

SB3009- 6 -LRB102 22163 KTG 31292 b

1principal administrative capacity performed in an educational
2institution while in the employ of an educational service
3agency are denied to any individual under the provisions of
4subparagraph (a) of paragraph 4 of subsection B and such
5individual is not offered a bona fide opportunity to perform
6such services in an educational institution while in the
7employ of an educational service agency for the second of such
8academic years or terms, such individual shall be entitled to
9a retroactive payment of benefits for each week for which the
10individual filed a timely claim for benefits as determined by
11the rules and regulations issued by the Director for the
12filing of claims for benefits, provided that such benefits
13were denied solely because of subparagraph (a) of paragraph 4
14of subsection B of this Section.
15    D. Notwithstanding any other provision in this Section or
16paragraph 2 of subsection C of Section 500 to the contrary,
17with respect to a week of unemployment beginning on or after
18March 15, 2020, and before September 4, 2021, (including any
19week of unemployment beginning on or after January 1, 2021 and
20on or before June 25, 2021 (the effective date of Public Act
21102-26) this amendatory Act of the 102nd General Assembly),
22benefits shall be payable to an individual on the basis of
23wages for employment in other than an instructional, research,
24or principal administrative capacity performed for an
25educational institution or an educational service agency under
26any of the circumstances described in this Section, to the

 

 

SB3009- 7 -LRB102 22163 KTG 31292 b

1extent permitted under Section 3304(a)(6) of the Federal
2Unemployment Tax Act, as long as the individual is otherwise
3eligible for benefits.
4    E. 1. For the purposes of this Section, in order for there
5to be a "reasonable assurance" all of the following
6requirements shall be met:
7        (a) The educational institution has made an offer of
8    employment in the following academic year or term that is
9    either written, oral, or implied.
10        (b) The offer of employment in the following academic
11    year or term was made by an individual with actual
12    authority to offer employment.
13        (c) The employment offered in the following academic
14    year or term is in the same capacity.
15        (d) The economic conditions of the employment offered
16    may not be considerably less in the following academic
17    year or term than in the then current academic year or
18    term. As used in this subparagraph, "considerably less"
19    means that the claimant will earn less than 90% of the
20    amount the claimant earned in the then current academic
21    year or term.
22        (e) The offer of employment in the following academic
23    year or term is not contingent upon a factor or factors
24    that are within the educational institution's control,
25    including, but not limited to, course programming,
26    decisions on how to allocate available funding, final

 

 

SB3009- 8 -LRB102 22163 KTG 31292 b

1    course offerings, program changes, and facility
2    availability.
3        (f) Based on a totality of the circumstances, it is
4    highly probable that there is a job available for the
5    claimant in the following academic year or term. If a job
6    offer contains a contingency, primary weight should be
7    given to the contingent nature of the offer of employment.
8    Contingencies that are not necessarily within the
9    educational institution's control, such as funding,
10    enrollment, and seniority, may be taken into consideration
11    but the existence of any one contingency should not
12    determine whether it is highly probably that there is a
13    job available for the claimant in the following academic
14    year or term.
15    2. Determinations by the Department whether claimants have
16a reasonable assurance shall be done on a case-by-case basis.
17    3. Each educational institution shall provide the
18following to the Department, in a form, including electronic
19form, prescribed by the Director, no less than 10 business
20days prior to the end of the academic year or term:
21        (a) a list of all employees who the educational
22    institution has concluded do not have a reasonable
23    assurance of employment in the following academic year or
24    term, along with information prescribed by the Director
25    regarding each such employee, which information shall
26    include, but not be limited to, name and social security

 

 

SB3009- 9 -LRB102 22163 KTG 31292 b

1    number; and
2        (b) for each employee that the educational institution
3    maintains does have a reasonable assurance of employment
4    in the following academic year or term, a statement
5    explaining the manner in which the employee was given a
6    reasonable assurance of employment, that is, whether it
7    was in writing, oral, or implied, and what information
8    about the offer, including contingencies, was communicated
9    to the individual.
10    4. The statement required under subparagraph (b) of
11paragraph 3 may be used by the Department in its analysis under
12paragraphs 1 and 2, but it does not conclusively demonstrate
13that the claimant has a reasonable assurance of employment in
14the following academic year or term.
15    5. Failure of an educational institution to provide the
16statement required under subparagraph (b) of paragraph 3 not
17less than 10 business days prior to the end of the academic
18year or term shall result in a rebuttable presumption that the
19claimant does not have a reasonable assurance of employment in
20the following academic year or term. This rebuttable
21presumption shall give rise to an inference that the claimant
22does not have a reasonable assurance of employment in the
23following academic year or term, but shall not conclusively
24demonstrate that the claimant does not have a reasonable
25assurance of employment in the following academic year or
26term.

 

 

SB3009- 10 -LRB102 22163 KTG 31292 b

1    6. Any rules adopted to implement this subsection shall
2meet federal requirements that are a necessary condition to
3the receipt of federal funds by the State or the granting of
4federal unemployment tax credits to employers in this State.
5(Source: P.A. 101-633, eff. 6-5-20; 102-26, eff. 6-25-21;
6revised 8-3-21.)