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Full Text of SB2042  94th General Assembly

SB2042 94TH GENERAL ASSEMBLY


 


 
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.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 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, and 211.2,
11 and 302C shall be payable in the same amount, on the same
12 terms, and subject to the same conditions as benefits payable
13 on the basis of wages for other services which are employment
14 under this Act; except that an individual is ineligible for
15 benefits, on the basis of wages for services in an
16 instructional, research, or principal administrative capacity
17 performed:
18         1. For an educational institution, for any week that
19     begins during the period between 2 successive academic
20     years or terms (or, when an agreement provides instead for
21     a similar period between 2 regular but not successive
22     terms, during that period) or during a period of paid
23     sabbatical leave provided for in the individual's
24     contract, if the individual performs those services in the
25     first of the academic years (or terms) and there is a
26     contract or reasonable assurance that the individual will
27     perform services in any such capacity for any educational
28     institution, in the second of those academic years or
29     terms.
30         2. For an educational institution, for any week that
31     begins during an established and customary vacation period
32     or holiday recess, if the individual performs those

 

 

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1     services in the period immediately before the vacation
2     period or holiday recess and there is a reasonable
3     assurance that the individual will perform those services
4     in the period immediately following the vacation period or
5     holiday recess.
6         3. In an educational institution, while in the employ
7     of an educational service agency for any week: (i) during a
8     period between 2 successive academic years or terms, if the
9     individual performed those services in the first of those
10     academic years or terms and there is a reasonable assurance
11     that the individual will perform those services in the
12     second of those academic years or terms; and (ii) during an
13     established and customary vacation period or holiday
14     recess, if the individual performed those services in the
15     period immediately before the vacation period or holiday
16     recess and there is a reasonable assurance that the
17     individual will perform those services in the period
18     immediately following the vacation period or holiday
19     recess. As used in this Section, "educational service
20     agency" means a governmental agency or governmental entity
21     that is established and operated exclusively for the
22     purpose of providing such service to one or more
23     educational institutions.
24 : 1. an individual shall be ineligible for benefits, on the
25 basis of wages for employment in an instructional, research, or
26 principal administrative capacity performed for an institution
27 of higher education, for any week which begins during the
28 period between two successive academic years, or during a
29 similar period between two regular terms, whether or not
30 successive, or during a period of paid sabbatical leave
31 provided for in the individual's contract, if the individual
32 has a contract or contracts to perform services in any such
33 capacity for any institution or institutions of higher
34 education for both such academic years or both such terms.
35     This paragraph 1 shall apply with respect to any week which
36 begins prior to January 1, 1978.

 

 

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1         2. An individual shall be ineligible for benefits, on
2     the basis of wages for service in employment in any
3     capacity other than those referred to in paragraph 1,
4     performed for an institution of higher learning, for any
5     week which begins after September 30, 1983, during a period
6     between two successive academic years or terms, if the
7     individual performed such service in the first of such
8     academic years or terms and there is a reasonable assurance
9     that the individual will perform such service in the second
10     of such academic years or terms.
11         3. An individual shall be ineligible for benefits, on
12     the basis of wages for service in employment in any
13     capacity other than those referred to in paragraph 1,
14     performed for an institution of higher education, for any
15     week which begins after January 5, 1985, during an
16     established and customary vacation period or holiday
17     recess, if the individual performed such service in the
18     period immediately before such vacation period or holiday
19     recess and there is a reasonable assurance that the
20     individual will perform such service in the period
21     immediately following such vacation period or holiday
22     recess.
23     B. Benefits based on wages for services which are
24 employment under the provisions of Sections 211.1 and 211.2
25 shall be payable in the same amount, on the same terms, and
26 subject to the same conditions, as benefits payable on the
27 basis of wages for other services which are employment under
28 this Act, except that: 1. an individual shall be ineligible for
29 benefits, on the basis of wages for service in employment in an
30 instructional, research, or principal administrative capacity
31 performed for an educational institution, for any week which
32 begins after December 31, 1977, during a period between two
33 successive academic years, or during a similar period between
34 two regular terms, whether or not successive, or during a
35 period of paid sabbatical leave provided for in the
36 individual's contract, if the individual performed such

 

 

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

 

 

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

 

 

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1 of claims for benefits, provided that such benefits were denied
2 solely because of subparagraph (a) of paragraph 4 of subsection
3 B of this Section.
4 (Source: P.A. 87-1178.)