Full Text of SB1941 99th General Assembly
SB1941ham005 99TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 11/30/2016
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| 1 | | AMENDMENT TO SENATE BILL 1941
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1941, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Unemployment Insurance Act is amended by | 6 | | adding Section 408.5 as follows: | 7 | | (820 ILCS 405/408.5 new) | 8 | | Sec. 408.5. Additional benefits. | 9 | | A. Additional benefits shall be available: | 10 | | 1. Only with respect to benefit years beginning on or | 11 | | after April 1, 2015 and prior to the effective date of this | 12 | | amendatory Act of the 99th General Assembly; and | 13 | | 2. To an otherwise eligible individual: (a) who was | 14 | | certified as eligible to apply for adjustment assistance | 15 | | under the federal Trade Act of 1974, as amended, on or | 16 | | after January 1, 2015; (b) who has not received the maximum |
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| 1 | | amount of trade readjustment allowances payable to him or | 2 | | her pursuant to paragraph (1) of subsection (a) of Section | 3 | | 233 of the federal Trade Act of 1974, as amended, as a | 4 | | result of the certification referenced in item (a) of this | 5 | | paragraph 2; and (c) whose total or partial unemployment is | 6 | | attributable to a layoff from a steel manufacturer. | 7 | | B. An individual shall be eligible to receive additional | 8 | | benefits pursuant to this Section for a week if he or she: (1) | 9 | | has met the requirements of Section 500E of this Act; (2) is an | 10 | | exhaustee; and (3) except when the result would be inconsistent | 11 | | with the provisions of this Section, has satisfied the | 12 | | requirements of this Act for the receipt of regular benefits as | 13 | | that term is defined in Section 409 of this Act. | 14 | | C. For the purposes of this Section, an individual is an | 15 | | exhaustee with respect to a week if: | 16 | | 1. Prior to such week: (a) he or she has received, with | 17 | | respect to his or her current benefit year that includes | 18 | | such week, the maximum total amount of benefits to which he | 19 | | or she was entitled under the provisions of Section 403B, | 20 | | and all of the regular benefits (including dependents' | 21 | | allowances) to which he or she had entitlement (if any) on | 22 | | the basis of wages or employment under any other State | 23 | | unemployment compensation law; or (b) he or she has | 24 | | received all the regular benefits available to him or her | 25 | | with respect to his or her current benefit year that | 26 | | includes such week, under this Act and under any other |
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| 1 | | State unemployment compensation law, after a cancellation | 2 | | of some or all of his or her wage credits or the partial or | 3 | | total reduction of his or her regular benefit rights; or | 4 | | (c) his or her benefit year terminated, and he or she | 5 | | cannot meet the qualifying wage requirements of Section | 6 | | 500E of this Act or the qualifying wage or employment | 7 | | requirements of any other State unemployment compensation | 8 | | law to establish a new benefit year which would include | 9 | | such week or, having established a new benefit year that | 10 | | includes such week, he or she is ineligible for regular | 11 | | benefits by reason of Section 607 of this Act or a like | 12 | | provision of any other State unemployment compensation | 13 | | law; and | 14 | | 2. For such week: (a) he or she has no right to | 15 | | benefits or allowances, as the case may be, under the | 16 | | Railroad Unemployment Insurance Act, the federal Trade Act | 17 | | of 1974, as amended, or such other federal laws as are | 18 | | specified in regulations of the United States Secretary of | 19 | | Labor or other appropriate federal agency; and (b) he or | 20 | | she has not received and is not seeking benefits under the | 21 | | unemployment compensation law of Canada, except that if he | 22 | | or she is seeking such benefits and the appropriate agency | 23 | | finally determines that he or she is not entitled to | 24 | | benefits under such law, this clause shall not apply; and | 25 | | 3. The week for which additional benefits are being | 26 | | claimed is not later than seventy-eight weeks after the end |
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| 1 | | of the individual's benefit year for which benefits can be | 2 | | claimed under this Section. | 3 | | For the purposes of clauses (a) and (b) of paragraph 1 of | 4 | | this subsection, an individual shall be deemed to have | 5 | | received, with respect to his or her current benefit year, the | 6 | | maximum total amount of benefits to which he or she was | 7 | | entitled or all of the regular benefits to which he or she had | 8 | | entitlement, or all of the regular benefits available to him or | 9 | | her, as the case may be, even though: (a) as a result of a | 10 | | pending reconsideration or appeal with respect to the "finding" | 11 | | defined in Section 701, or of a pending appeal with respect to | 12 | | wages or employment or both under any other State unemployment | 13 | | compensation law, he or she may subsequently be determined to | 14 | | be entitled to more regular benefits; or (b) by reason of a | 15 | | seasonality provision in a State unemployment compensation law | 16 | | which establishes the weeks of the year for which regular | 17 | | benefits may be paid to individuals on the basis of wages in | 18 | | seasonal employment he or she may be entitled to regular | 19 | | benefits for future weeks but such benefits are not payable | 20 | | with respect to the week for which he or she is claiming | 21 | | additional benefits, provided that he or she is otherwise an | 22 | | exhaustee under the provisions of this subsection with respect | 23 | | to his or her rights to regular benefits, under such | 24 | | seasonality provision, during the portion of the year in which | 25 | | that week occurs; or (c) having established a benefit year, no | 26 | | regular benefits are payable to him or her with respect to such |
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| 1 | | year because his or her wage credits were cancelled or his or | 2 | | her rights to regular benefits were totally reduced by reason | 3 | | of the application of a disqualification provision of a State | 4 | | unemployment compensation law. | 5 | | An individual shall not cease to be an exhaustee with | 6 | | respect to any week solely because he or she meets the | 7 | | qualifying wage requirements of Section 500E for a part of such | 8 | | week. | 9 | | D. The provisions of Section 607 and the waiting period | 10 | | requirements of Section 500D shall not be applicable to any | 11 | | week with respect to which benefits are otherwise payable under | 12 | | this Section. | 13 | | E. With respect to any week payable under this Section, an | 14 | | exhaustee's "weekly additional benefit amount" shall be the | 15 | | same as his or her weekly benefit amount during his or her | 16 | | benefit year which includes such week or, if such week is not | 17 | | in a benefit year, during his or her applicable benefit year, | 18 | | as defined in regulations issued by the United States Secretary | 19 | | of Labor or other appropriate federal agency. If the exhaustee | 20 | | had more than one weekly benefit amount during his or her | 21 | | benefit year, his or her weekly additional benefit amount with | 22 | | respect to such week shall be the latest of such weekly benefit | 23 | | amounts. | 24 | | F. An eligible exhaustee shall be entitled to a maximum | 25 | | total amount of additional benefits equal to the maximum total | 26 | | amount of benefits to which he or she was entitled under |
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| 1 | | Section 403B, plus dependents' allowances, during his or her | 2 | | applicable benefit year, minus the sum of any trade | 3 | | readjustment allowances he or she has received as a result of | 4 | | the certification referenced in item (a) of paragraph 2 of | 5 | | subsection A. | 6 | | G. 1. A claims adjudicator shall examine the first claim | 7 | | filed by an individual who meets the requirements of subsection | 8 | | A and, on the basis of the information in his or her | 9 | | possession, shall make an "additional benefits finding". Such | 10 | | finding shall state whether or not the individual has met the | 11 | | requirement of subsection E of Section 500 of this Act, is an | 12 | | exhaustee and, if so, his or her weekly additional benefit | 13 | | amount and the maximum total amount of additional benefits to | 14 | | which he or she is entitled. The claims adjudicator shall | 15 | | promptly notify the individual of his or her "additional | 16 | | benefits finding", and shall promptly notify the individual's | 17 | | most recent employing unit and the individual's last employer | 18 | | (referred to in Section 1502.1) that the individual has filed a | 19 | | claim for additional benefits. The claims adjudicator may | 20 | | reconsider his or her "additional benefits finding" at any time | 21 | | within 2 years after the close of the individual's applicable | 22 | | benefit year, and shall promptly notify the individual of such | 23 | | reconsidered finding. All of the provisions of this Act | 24 | | applicable to reviews from findings or reconsidered findings | 25 | | made pursuant to Sections 701 and 703 which are not | 26 | | inconsistent with the provisions of this subsection shall be |
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| 1 | | applicable to reviews from additional benefits findings and | 2 | | reconsidered additional benefits findings. | 3 | | 2. If, pursuant to the reconsideration or appeal with | 4 | | respect to a "finding", referred to in subsection C, an | 5 | | exhaustee is found to be entitled to more regular benefits and, | 6 | | by reason thereof, is entitled to more additional benefits, the | 7 | | claims adjudicator shall make a reconsidered additional | 8 | | benefits finding and shall promptly notify the exhaustee | 9 | | thereof. | 10 | | H. Benefits payable pursuant this Section shall be paid | 11 | | from the unemployment trust fund. | 12 | | I. No employer shall be chargeable for the additional | 13 | | benefits paid under this Section. | 14 | | J. To ensure full compliance and coordination with all | 15 | | applicable federal laws, including, but not limited to, the | 16 | | federal Trade Act of 1974, as amended, the Federal Unemployment | 17 | | Tax Act, and the Social Security Act, the Director shall take | 18 | | any action or issue any regulations necessary in the | 19 | | administration of this Section to ensure that its provisions | 20 | | are so interpreted and applied as to meet the requirements of | 21 | | such federal Act as interpreted by the United States Secretary | 22 | | of Labor or other appropriate Federal agency.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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