Full Text of HB3453 103rd General Assembly
HB3453 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3453 Introduced 2/17/2023, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
| 820 ILCS 405/612 | from Ch. 48, par. 442 |
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Amends the Unemployment Insurance Act. Provides that with respect to a week of unemployment beginning on or after March 15, 2020 (rather than beginning on or after March 15, 2020, and before September 4, 2021 (including any week of unemployment beginning on or after January 1, 2021 and on or before June 25, 2021)) benefits shall be payable to an individual on the basis of wages for employment in other than an instructional, research, or principal administrative capacity performed for an educational institution or an educational service agency under specified circumstances, as long as the individual is otherwise eligible for benefits.
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| | A BILL FOR |
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| 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 612 as follows:
| 6 | | (820 ILCS 405/612) (from Ch. 48, par. 442)
| 7 | | Sec. 612. Academic personnel; ineligibility between | 8 | | academic years or
terms. | 9 | | A. Benefits based on wages for services which are | 10 | | employment under the
provisions
of Sections 211.1, 211.2, and | 11 | | 302C shall be payable in the same amount,
on the same terms, | 12 | | and subject to the same conditions as benefits payable
on the | 13 | | basis of wages for other services which are employment under | 14 | | this
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 |
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| 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 |
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| 1 | | recess.
| 2 | | B. Benefits based on wages for services which are | 3 | | employment under the
provisions of Sections 211.1 and 211.2 | 4 | | shall be payable in the same amount,
on the same terms, and | 5 | | subject to the same conditions, as benefits payable
on the | 6 | | basis
of wages for other services which are employment under | 7 | | this 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 |
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| 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
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| 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 | 14 | | provisions of
paragraph
2 of either subsection A or B of this | 15 | | Section for any week which begins
on or after September 3, 1982 | 16 | | and such individual is not offered a bona
fide opportunity to | 17 | | perform such services for the educational institution
for the | 18 | | second of such academic years or terms, such individual shall | 19 | | be
entitled to a retroactive payment of benefits for each week | 20 | | for which the
individual filed a timely claim for benefits as | 21 | | determined by the rules
and regulations issued by the Director | 22 | | for the filing of claims for benefits,
provided that such | 23 | | benefits were denied solely because of the provisions
of | 24 | | paragraph 2 of either subsection A or B of this Section.
| 25 | | 2. If benefits on the basis of wages for service in | 26 | | employment in
other than an instructional, research, or |
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| 1 | | principal administrative capacity
performed in an educational | 2 | | institution while in the employ of an
educational service | 3 | | agency are denied to any individual under the
provisions of | 4 | | subparagraph (a) of paragraph 4 of subsection B and such
| 5 | | individual is not offered a bona fide opportunity to perform | 6 | | such services
in an educational institution while in the | 7 | | employ of an educational service
agency for the second of such | 8 | | academic years or terms, such individual
shall be entitled to | 9 | | a retroactive payment of benefits for each week for
which the | 10 | | individual filed a timely claim for benefits as determined by | 11 | | the
rules and regulations issued by the Director for the | 12 | | filing of claims for
benefits, provided that such benefits | 13 | | were denied solely because
of subparagraph (a) of paragraph 4 | 14 | | of subsection B of this Section.
| 15 | | D. Notwithstanding any other provision in this Section or | 16 | | paragraph 2 of subsection C of Section 500 to the contrary, | 17 | | with respect to a week of unemployment beginning on or after | 18 | | March 15, 2020, and before September 4, 2021 (including any | 19 | | week of unemployment beginning on or after January 1, 2021 and | 20 | | on or before June 25, 2021 (the effective date of Public Act | 21 | | 102-26)), benefits shall be payable to an individual on the | 22 | | basis of wages for employment in other than an instructional, | 23 | | research, or principal administrative capacity performed for | 24 | | an educational institution or an educational service agency | 25 | | under any of the circumstances described in this Section, to | 26 | | the extent permitted under Section 3304(a)(6) of the Federal |
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| 1 | | Unemployment Tax Act, as long as the individual is otherwise | 2 | | eligible for benefits. | 3 | | (Source: P.A. 101-633, eff. 6-5-20; 102-26, eff. 6-25-21; | 4 | | 102-687, eff. 12-17-21.)
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