Illinois General Assembly - Full Text of SB1941
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Full Text of SB1941  99th General Assembly




SB1941 EnrolledLRB099 08774 JLS 28943 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
5adding Section 408.5 as follows:
6    (820 ILCS 405/408.5 new)
7    Sec. 408.5. Additional benefits.
8    A. Additional benefits shall be available:
9        1. Only with respect to benefit years beginning on or
10    after April 1, 2015 and prior to the effective date of this
11    amendatory Act of the 99th General Assembly; and
12        2. To an otherwise eligible individual: (a) who was
13    certified as eligible to apply for adjustment assistance
14    under the federal Trade Act of 1974, as amended, on or
15    after January 1, 2015; (b) who has not received the maximum
16    amount of trade readjustment allowances payable to him or
17    her pursuant to paragraph (1) of subsection (a) of Section
18    233 of the federal Trade Act of 1974, as amended, as a
19    result of the certification referenced in item (a) of this
20    paragraph 2; and (c) whose total or partial unemployment is
21    attributable to a layoff from a steel manufacturer.
22    B. An individual shall be eligible to receive additional
23benefits pursuant to this Section for a week if he or she: (1)



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1has met the requirements of Section 500E of this Act; (2) is an
2exhaustee; and (3) except when the result would be inconsistent
3with the provisions of this Section, has satisfied the
4requirements of this Act for the receipt of regular benefits as
5that term is defined in Section 409 of this Act.
6    C. For the purposes of this Section, an individual is an
7exhaustee with respect to a week if:
8        1. Prior to such week: (a) he or she has received, with
9    respect to his or her current benefit year that includes
10    such week, the maximum total amount of benefits to which he
11    or she was entitled under the provisions of Section 403B,
12    and all of the regular benefits (including dependents'
13    allowances) to which he or she had entitlement (if any) on
14    the basis of wages or employment under any other State
15    unemployment compensation law; or (b) he or she has
16    received all the regular benefits available to him or her
17    with respect to his or her current benefit year that
18    includes such week, under this Act and under any other
19    State unemployment compensation law, after a cancellation
20    of some or all of his or her wage credits or the partial or
21    total reduction of his or her regular benefit rights; or
22    (c) his or her benefit year terminated, and he or she
23    cannot meet the qualifying wage requirements of Section
24    500E of this Act or the qualifying wage or employment
25    requirements of any other State unemployment compensation
26    law to establish a new benefit year which would include



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1    such week or, having established a new benefit year that
2    includes such week, he or she is ineligible for regular
3    benefits by reason of Section 607 of this Act or a like
4    provision of any other State unemployment compensation
5    law; and
6        2. For such week: (a) he or she has no right to
7    benefits or allowances, as the case may be, under the
8    Railroad Unemployment Insurance Act, the federal Trade Act
9    of 1974, as amended, or such other federal laws as are
10    specified in regulations of the United States Secretary of
11    Labor or other appropriate federal agency; and (b) he or
12    she has not received and is not seeking benefits under the
13    unemployment compensation law of Canada, except that if he
14    or she is seeking such benefits and the appropriate agency
15    finally determines that he or she is not entitled to
16    benefits under such law, this clause shall not apply; and
17        3. The week for which additional benefits are being
18    claimed is not later than seventy-eight weeks after the end
19    of the individual's benefit year for which benefits can be
20    claimed under this Section.
21    For the purposes of clauses (a) and (b) of paragraph 1 of
22this subsection, an individual shall be deemed to have
23received, with respect to his or her current benefit year, the
24maximum total amount of benefits to which he or she was
25entitled or all of the regular benefits to which he or she had
26entitlement, or all of the regular benefits available to him or



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1her, as the case may be, even though: (a) as a result of a
2pending reconsideration or appeal with respect to the "finding"
3defined in Section 701, or of a pending appeal with respect to
4wages or employment or both under any other State unemployment
5compensation law, he or she may subsequently be determined to
6be entitled to more regular benefits; or (b) by reason of a
7seasonality provision in a State unemployment compensation law
8which establishes the weeks of the year for which regular
9benefits may be paid to individuals on the basis of wages in
10seasonal employment he or she may be entitled to regular
11benefits for future weeks but such benefits are not payable
12with respect to the week for which he or she is claiming
13additional benefits, provided that he or she is otherwise an
14exhaustee under the provisions of this subsection with respect
15to his or her rights to regular benefits, under such
16seasonality provision, during the portion of the year in which
17that week occurs; or (c) having established a benefit year, no
18regular benefits are payable to him or her with respect to such
19year because his or her wage credits were cancelled or his or
20her rights to regular benefits were totally reduced by reason
21of the application of a disqualification provision of a State
22unemployment compensation law.
23    An individual shall not cease to be an exhaustee with
24respect to any week solely because he or she meets the
25qualifying wage requirements of Section 500E for a part of such



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1    D. The provisions of Section 607 and the waiting period
2requirements of Section 500D shall not be applicable to any
3week with respect to which benefits are otherwise payable under
4this Section.
5    E. With respect to any week payable under this Section, an
6exhaustee's "weekly additional benefit amount" shall be the
7same as his or her weekly benefit amount during his or her
8benefit year which includes such week or, if such week is not
9in a benefit year, during his or her applicable benefit year,
10as defined in regulations issued by the United States Secretary
11of Labor or other appropriate federal agency. If the exhaustee
12had more than one weekly benefit amount during his or her
13benefit year, his or her weekly additional benefit amount with
14respect to such week shall be the latest of such weekly benefit
16    F. An eligible exhaustee shall be entitled to a maximum
17total amount of additional benefits equal to the maximum total
18amount of benefits to which he or she was entitled under
19Section 403B, plus dependents' allowances, during his or her
20applicable benefit year, minus the sum of any trade
21readjustment allowances he or she has received as a result of
22the certification referenced in item (a) of paragraph 2 of
23subsection A.
24    G. 1. A claims adjudicator shall examine the first claim
25filed by an individual who meets the requirements of subsection
26A and, on the basis of the information in his or her



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1possession, shall make an "additional benefits finding". Such
2finding shall state whether or not the individual has met the
3requirement of subsection E of Section 500 of this Act, is an
4exhaustee and, if so, his or her weekly additional benefit
5amount and the maximum total amount of additional benefits to
6which he or she is entitled. The claims adjudicator shall
7promptly notify the individual of his or her "additional
8benefits finding", and shall promptly notify the individual's
9most recent employing unit and the individual's last employer
10(referred to in Section 1502.1) that the individual has filed a
11claim for additional benefits. The claims adjudicator may
12reconsider his or her "additional benefits finding" at any time
13within 2 years after the close of the individual's applicable
14benefit year, and shall promptly notify the individual of such
15reconsidered finding. All of the provisions of this Act
16applicable to reviews from findings or reconsidered findings
17made pursuant to Sections 701 and 703 which are not
18inconsistent with the provisions of this subsection shall be
19applicable to reviews from additional benefits findings and
20reconsidered additional benefits findings.
21    2. If, pursuant to the reconsideration or appeal with
22respect to a "finding", referred to in subsection C, an
23exhaustee is found to be entitled to more regular benefits and,
24by reason thereof, is entitled to more additional benefits, the
25claims adjudicator shall make a reconsidered additional
26benefits finding and shall promptly notify the exhaustee



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2    H. Benefits payable pursuant to this Section shall be paid
3from the unemployment trust fund.
4    I. No employer shall be chargeable for the additional
5benefits paid under this Section.
6    J. To ensure full compliance and coordination with all
7applicable federal laws, including, but not limited to, the
8federal Trade Act of 1974, as amended, the Federal Unemployment
9Tax Act, and the Social Security Act, the Director shall take
10any action or issue any regulations necessary in the
11administration of this Section to ensure that its provisions
12are so interpreted and applied as to meet the requirements of
13such federal Act as interpreted by the United States Secretary
14of Labor or other appropriate Federal agency.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.