Full Text of HB2108 96th General Assembly
HB2108ham001 96TH GENERAL ASSEMBLY | Rep. Lisa M. Dugan Filed: 11/12/2010
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| 1 | | AMENDMENT TO HOUSE BILL 2108
| 2 | | AMENDMENT NO. ______. Amend House Bill 2108 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Unemployment Insurance Act is amended by | 5 | | adding Section 407.5 as follows: | 6 | | (820 ILCS 405/407.5 new) | 7 | | Sec. 407.5. Shared Work Benefits. | 8 | | A. Notwithstanding any other provision of this Act, for the | 9 | | purposes of this Section an individual is "unemployed" in any | 10 | | week if the individual works less than his or her normal hours | 11 | | or number of days in a week for the individual's regular | 12 | | employer, and the Director finds that the regular employer has | 13 | | reduced or restricted the individual's hours or days of work, | 14 | | or has rehired an individual previously laid off and reduced | 15 | | that individual's hours or days of work from those previously | 16 | | worked, as the result of a plan by the regular employer to |
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| 1 | | reduce unemployment and stabilize the work force through a | 2 | | program of sharing the work remaining after a reduction in | 3 | | total hours of work and a corresponding reduction in wages, | 4 | | among not less than 10% of the employer's regular permanent | 5 | | work force involved in the affected work unit or units. | 6 | | B. Except as otherwise provided in this Section, each | 7 | | individual eligible under this Act who is "unemployed" in any | 8 | | week shall be paid with respect to that week a weekly shared | 9 | | work benefit amount equal to the percentage of reduction of the | 10 | | individual's wages resulting from reduced hours or days of | 11 | | work, rounded to the nearest 10%, multiplied by 50% of the | 12 | | lesser of the individual's current full time weekly wage | 13 | | rounded to the next higher dollar or the Statewide average | 14 | | weekly wage as defined in paragraph 2 of subsection B of | 15 | | Section 401 of this Act, except that this provision shall apply | 16 | | only if the percentage of reduction is 10% or more. The shared | 17 | | work benefit amount shall be rounded (if not already a multiple | 18 | | of one dollar) to the next higher dollar. | 19 | | C. No individual shall be paid any benefits under this | 20 | | Section in excess of 20 weeks of benefits during a period of 52 | 21 | | consecutive weeks, beginning with the first week of benefits | 22 | | paid under this Section. An individual shall be ineligible for | 23 | | benefits under this Section for any week with respect to which | 24 | | the individual has made a claim for unemployment insurance | 25 | | benefits pursuant to any other Section of this Act or under an | 26 | | unemployment insurance law of any other State or Canada or |
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| 1 | | under an unemployment insurance system established by an Act of | 2 | | Congress; provided, however, that if the appropriate agency | 3 | | finally determines that the individual is not entitled to | 4 | | unemployment insurance benefits for the week or weeks involved | 5 | | and that determination has become final and unappealable, the | 6 | | ineligibility arising from the making of a claim under this | 7 | | subsection shall not apply. | 8 | | D. Any amount payable under this Section shall be reduced | 9 | | by the amount of any and all compensation payable for personal | 10 | | services whether performed as an employee or an independent | 11 | | contractor or as a juror or as a witness, except compensation | 12 | | payable by the regular employer not in excess of compensation | 13 | | payable for reduced hours of work assigned an individual by the | 14 | | regular employer under a shared work plan. | 15 | | E. All benefits payable under this Section shall be paid | 16 | | from the Shared Work Benefits Fund which is hereby created. | 17 | | Following any biweekly period or periods, participating | 18 | | employers shall submit to the Department, on forms provided by | 19 | | the Director, a list of those employees who, during any prior | 20 | | biweekly period or periods, are entitled to shared work | 21 | | benefits, the week or weeks for which they are entitled, and | 22 | | the amount of such benefits to be paid to each employee. | 23 | | Additional information shall be submitted as may be required by | 24 | | the Director. The completed form shall be accompanied by the | 25 | | employer's payment in an amount equal to all benefits to be | 26 | | paid for the biweekly period or periods pursuant to this |
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| 1 | | Section. The employer's form shall also be accompanied by the | 2 | | certifications, on forms provided by the Director, of each | 3 | | employee entitled to receive shared work benefits for the | 4 | | biweekly period or periods. The employee certification form | 5 | | shall include such information as may be required by the | 6 | | Director. All amounts collected pursuant to this Section shall | 7 | | be deposited into the Shared Work Benefits Fund. No benefits | 8 | | may be paid under this Section to an employee of an employer | 9 | | for any period for which the employer has not submitted the | 10 | | necessary forms or payments. | 11 | | F. Except as otherwise provided by or inconsistent with | 12 | | this Section, all provisions of this Act and authorized | 13 | | regulations apply to benefits under this Section. Authorized | 14 | | regulations may, to the extent permitted by federal law, make | 15 | | such distinctions and requirements as may be necessary in the | 16 | | procedures and provisions applicable to unemployed individuals | 17 | | to carry out the purposes of this Section. No employee shall be | 18 | | required to register for work or actively seek work as a | 19 | | condition of receiving benefits under this Section. | 20 | | G. The Department, in the administration of the program | 21 | | created by this Section, shall establish guidelines which | 22 | | ensure the equitable and consistent administration of the | 23 | | program. | 24 | | H. The program created by this Section shall not affect any | 25 | | pension or insurance benefit of employees participating in the | 26 | | program. |
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| 1 | | I. Employees shall not be eligible to receive any benefits | 2 | | under this Section unless their employer agrees, in writing, | 3 | | and their bargaining agent pursuant to any applicable | 4 | | collective bargaining agreement agrees, in writing, to | 5 | | voluntarily participate in the shared work program approved by | 6 | | the Director. | 7 | | J. The Director shall receive and hold, as custodian, all | 8 | | moneys paid to the Shared Work Benefits Fund in a | 9 | | nonappropriated local account. The moneys in such account | 10 | | (which shall be kept separate and apart from all other public | 11 | | moneys) shall be expended solely for the payment of benefits | 12 | | under the provisions of this Act and in accordance with any | 13 | | guidelines the Director may subsequently develop. The General | 14 | | Assembly shall appropriate funds for the administration of the | 15 | | Shared Work Program. In the event that the funds appropriated | 16 | | for the administration of the Shared Work Program are | 17 | | insufficient for the proper administration of this Program, as | 18 | | determined by the Director, the Program and any benefits | 19 | | payable pursuant to this Section shall terminate until such | 20 | | time as the Director determines that a sufficient appropriation | 21 | | is available.
| 22 | | Section 99. Effective date. This Act takes effect January | 23 | | 1, 2011.".
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