Illinois General Assembly - Full Text of SB1698
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Full Text of SB1698  102nd General Assembly

SB1698ham002 102ND GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 11/30/2022

 

 


 

 


 
10200SB1698ham002LRB102 15409 HEP 41997 a

1
AMENDMENT TO SENATE BILL 1698

2    AMENDMENT NO. ______. Amend Senate Bill 1698 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unemployment Insurance Act is amended by
5changing Sections 235, 401, 403, 1400.1, 1505, 1506.6, and
62101.1 as follows:
 
7    (820 ILCS 405/235)  (from Ch. 48, par. 345)
8    Sec. 235.
9    (I) If and only if funds from the State treasury are not
10appropriated on or before January 31, 2023 that are dedicated
11to pay all outstanding advances made to the State's account in
12the Unemployment Trust Fund pursuant to Title XII of the
13federal Social Security Act, then this Part (I) is inoperative
14retroactive to January 1, 2023.
15The term "wages" does not include:
16    A. With respect to calendar years prior to calendar year

 

 

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12023, the maximum amount includable as "wages" shall be
2determined pursuant to this Section as in effect prior to the
3effective date of this amendatory Act of the 102nd General
4Assembly.
5    With respect to the calendar year 2023, the term "wages"
6shall include only the remuneration paid to an individual by
7an employer during that period with respect to employment
8which does not exceed $13,271.
9    With respect to the calendar year 2024, the term "wages"
10shall include only the remuneration paid to an individual by
11an employer during that period with respect to employment
12which does not exceed $13,590.
13    With respect to the calendar year 2025, the term "wages"
14shall include only the remuneration paid to an individual by
15an employer during that period with respect to employment
16which does not exceed $13,916.
17    With respect to the calendar year 2026, the term "wages"
18shall include only the remuneration paid to an individual by
19an employer during that period with respect to employment
20which does not exceed $14,250.
21    With respect to the calendar year 2027, and each calendar
22year thereafter, the term "wages" shall include only the
23remuneration paid to an individual by an employer during that
24period with respect to employment which does not exceed
25$14,592.
26    The remuneration paid to an individual by an employer with

 

 

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1respect to employment in another State or States, upon which
2contributions were required of such employer under an
3unemployment compensation law of such other State or States,
4shall be included as a part of the remuneration herein
5referred to. For the purposes of this subsection, any
6employing unit which succeeds to the organization, trade, or
7business, or to substantially all of the assets of another
8employing unit, or to the organization, trade, or business, or
9to substantially all of the assets of a distinct severable
10portion of another employing unit, shall be treated as a
11single unit with its predecessor for the calendar year in
12which such succession occurs; any employing unit which is
13owned or controlled by the same interests which own or control
14another employing unit shall be treated as a single unit with
15the unit so owned or controlled by such interests for any
16calendar year throughout which such ownership or control
17exists; and, with respect to any trade or business transfer
18subject to subsection A of Section 1507.1, a transferee, as
19defined in subsection G of Section 1507.1, shall be treated as
20a single unit with the transferor, as defined in subsection G
21of Section 1507.1, for the calendar year in which the transfer
22occurs. This subsection applies only to Sections 1400, 1405A,
23and 1500.
24    A-1. (Blank).
25    B. The amount of any payment (including any amount paid by
26an employer for insurance or annuities, or into a fund, to

 

 

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1provide for any such payment), made to, or on behalf of, an
2individual or any of his dependents under a plan or system
3established by an employer which makes provision generally for
4individuals performing services for him (or for such
5individuals generally and their dependents) or for a class or
6classes of such individuals (or for a class or classes of such
7individuals and their dependents), on account of (1) sickness
8or accident disability (except those sickness or accident
9disability payments which would be includable as "wages" in
10Section 3306(b)(2)(A) of the Federal Internal Revenue Code of
111954, in effect on January 1, 1985, such includable payments
12to be attributable in such manner as provided by Section
133306(b) of the Federal Internal Revenue Code of 1954, in
14effect on January 1, 1985), or (2) medical or hospitalization
15expenses in connection with sickness or accident disability,
16or (3) death.
17    C. Any payment made to, or on behalf of, an employee or his
18beneficiary which would be excluded from "wages" by
19subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
203306(b)(5) of the Federal Internal Revenue Code of 1954, in
21effect on January 1, 1985.
22    D. The amount of any payment on account of sickness or
23accident disability, or medical or hospitalization expenses in
24connection with sickness or accident disability, made by an
25employer to, or on behalf of, an individual performing
26services for him after the expiration of six calendar months

 

 

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1following the last calendar month in which the individual
2performed services for such employer.
3    E. Remuneration paid in any medium other than cash by an
4employing unit to an individual for service in agricultural
5labor as defined in Section 214.
6    F. The amount of any supplemental payment made by an
7employer to an individual performing services for him, other
8than remuneration for services performed, under a shared work
9plan approved by the Director pursuant to Section 407.1.
10    (II) This Part (II) becomes operative if and only if funds
11from the State treasury are not appropriated on or before
12January 31, 2023 that are dedicated to pay all outstanding
13advances made to the State's account in the Unemployment Trust
14Fund pursuant to Title XII of the federal Social Security Act.
15If this Part (II) becomes operative, it is operative
16retroactive to January 1, 2023.
17The term "wages" does not include:
18    A. With respect to calendar years prior to calendar year
192004, the maximum amount includable as "wages" shall be
20determined pursuant to this Section as in effect on January 1,
212006.
22    With respect to the calendar year 2004, the term "wages"
23shall include only the remuneration paid to an individual by
24an employer during that period with respect to employment
25which does not exceed $9,800. With respect to the calendar
26years 2005 through 2009, the term "wages" shall include only

 

 

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1the remuneration paid to an individual by an employer during
2that period with respect to employment which does not exceed
3the following amounts: $10,500 with respect to the calendar
4year 2005; $11,000 with respect to the calendar year 2006;
5$11,500 with respect to the calendar year 2007; $12,000 with
6respect to the calendar year 2008; and $12,300 with respect to
7the calendar year 2009.
8    With respect to the calendar years 2010, 2011, 2020, and
9each calendar year thereafter, the term "wages" shall include
10only the remuneration paid to an individual by an employer
11during that period with respect to employment which does not
12exceed the sum of the wage base adjustment applicable to that
13year pursuant to Section 1400.1, plus the maximum amount
14includable as "wages" pursuant to this subsection with respect
15to the immediately preceding calendar year. With respect to
16calendar year 2012, to offset the loss of revenue to the
17State's account in the unemployment trust fund with respect to
18the first quarter of calendar year 2011 as a result of Section
191506.5 and the changes made by this amendatory Act of the 97th
20General Assembly to Section 1506.3, the term "wages" shall
21include only the remuneration paid to an individual by an
22employer during that period with respect to employment which
23does not exceed $13,560. Except as otherwise provided in
24subsection A-1, with respect to calendar year 2013, the term
25"wages" shall include only the remuneration paid to an
26individual by an employer during that period with respect to

 

 

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1employment which does not exceed $12,900. With respect to the
2calendar years 2014 through 2019, the term "wages" shall
3include only the remuneration paid to an individual by an
4employer during that period with respect to employment which
5does not exceed $12,960. Notwithstanding any provision to the
6contrary, the maximum amount includable as "wages" pursuant to
7this Section shall not be less than $12,300 or greater than
8$12,960 with respect to any calendar year after calendar year
92009 except calendar year 2012 and except as otherwise
10provided in subsection A-1.
11    The remuneration paid to an individual by an employer with
12respect to employment in another State or States, upon which
13contributions were required of such employer under an
14unemployment compensation law of such other State or States,
15shall be included as a part of the remuneration herein
16referred to. For the purposes of this subsection, any
17employing unit which succeeds to the organization, trade, or
18business, or to substantially all of the assets of another
19employing unit, or to the organization, trade, or business, or
20to substantially all of the assets of a distinct severable
21portion of another employing unit, shall be treated as a
22single unit with its predecessor for the calendar year in
23which such succession occurs; any employing unit which is
24owned or controlled by the same interests which own or control
25another employing unit shall be treated as a single unit with
26the unit so owned or controlled by such interests for any

 

 

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1calendar year throughout which such ownership or control
2exists; and, with respect to any trade or business transfer
3subject to subsection A of Section 1507.1, a transferee, as
4defined in subsection G of Section 1507.1, shall be treated as
5a single unit with the transferor, as defined in subsection G
6of Section 1507.1, for the calendar year in which the transfer
7occurs. This subsection applies only to Sections 1400, 1405A,
8and 1500.
9    A-1. If, by March 1, 2013, the payments attributable to
10the changes to subsection A by this or any subsequent
11amendatory Act of the 97th General Assembly do not equal or
12exceed the loss to this State's account in the unemployment
13trust fund as a result of Section 1506.5 and the changes made
14to Section 1506.3 by this or any subsequent amendatory Act of
15the 97th General Assembly, including unrealized interest,
16then, with respect to calendar year 2013, the term "wages"
17shall include only the remuneration paid to an individual by
18an employer during that period with respect to employment
19which does not exceed $13,560.
20    B. The amount of any payment (including any amount paid by
21an employer for insurance or annuities, or into a fund, to
22provide for any such payment), made to, or on behalf of, an
23individual or any of his dependents under a plan or system
24established by an employer which makes provision generally for
25individuals performing services for him (or for such
26individuals generally and their dependents) or for a class or

 

 

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1classes of such individuals (or for a class or classes of such
2individuals and their dependents), on account of (1) sickness
3or accident disability (except those sickness or accident
4disability payments which would be includable as "wages" in
5Section 3306(b)(2)(A) of the Federal Internal Revenue Code of
61954, in effect on January 1, 1985, such includable payments
7to be attributable in such manner as provided by Section
83306(b) of the Federal Internal Revenue Code of 1954, in
9effect on January 1, 1985), or (2) medical or hospitalization
10expenses in connection with sickness or accident disability,
11or (3) death.
12    C. Any payment made to, or on behalf of, an employee or his
13beneficiary which would be excluded from "wages" by
14subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
153306(b)(5) of the Federal Internal Revenue Code of 1954, in
16effect on January 1, 1985.
17    D. The amount of any payment on account of sickness or
18accident disability, or medical or hospitalization expenses in
19connection with sickness or accident disability, made by an
20employer to, or on behalf of, an individual performing
21services for him after the expiration of six calendar months
22following the last calendar month in which the individual
23performed services for such employer.
24    E. Remuneration paid in any medium other than cash by an
25employing unit to an individual for service in agricultural
26labor as defined in Section 214.

 

 

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1    F. The amount of any supplemental payment made by an
2employer to an individual performing services for him, other
3than remuneration for services performed, under a shared work
4plan approved by the Director pursuant to Section 407.1.
5(Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11.)
 
6    (820 ILCS 405/401)  (from Ch. 48, par. 401)
7    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
8    (I) If and only if funds from the State treasury are not
9appropriated on or before January 31, 2023 that are dedicated
10to pay all outstanding advances made to the State's account in
11the Unemployment Trust Fund pursuant to Title XII of the
12federal Social Security Act, then this Part (I) is inoperative
13retroactive to January 1, 2023.
14    A. With respect to any week beginning in a benefit year
15beginning prior to January 4, 2004, an individual's weekly
16benefit amount shall be an amount equal to the weekly benefit
17amount as defined in the provisions of this Act as amended and
18in effect on November 18, 2011.
19    B. 1. With respect to any benefit year beginning on or
20after January 4, 2004 and before January 6, 2008, an
21individual's weekly benefit amount shall be 48% of his or her
22prior average weekly wage, rounded (if not already a multiple
23of one dollar) to the next higher dollar; provided, however,
24that the weekly benefit amount cannot exceed the maximum
25weekly benefit amount and cannot be less than $51. Except as

 

 

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1otherwise provided in this Section, with respect to any
2benefit year beginning on or after January 6, 2008, an
3individual's weekly benefit amount shall be 47% of his or her
4prior average weekly wage, rounded (if not already a multiple
5of one dollar) to the next higher dollar; provided, however,
6that the weekly benefit amount cannot exceed the maximum
7weekly benefit amount and cannot be less than $51. With
8respect to any benefit year beginning on or after January 1,
92025 2023 and before January 1, 2026 2024, an individual's
10weekly benefit amount shall be 40.6% 42.4% of his or her prior
11average weekly wage, rounded (if not already a multiple of one
12dollar) to the next higher dollar; provided, however, that the
13weekly benefit amount cannot exceed the maximum weekly benefit
14amount and cannot be less than $51.
15    2. For the purposes of this subsection:
16    An individual's "prior average weekly wage" means the
17total wages for insured work paid to that individual during
18the 2 calendar quarters of his base period in which such total
19wages were highest, divided by 26. If the quotient is not
20already a multiple of one dollar, it shall be rounded to the
21nearest dollar; however if the quotient is equally near 2
22multiples of one dollar, it shall be rounded to the higher
23multiple of one dollar.
24    "Determination date" means June 1 and December 1 of each
25calendar year except that, for the purposes of this Act only,
26there shall be no June 1 determination date in any year.

 

 

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1    "Determination period" means, with respect to each June 1
2determination date, the 12 consecutive calendar months ending
3on the immediately preceding December 31 and, with respect to
4each December 1 determination date, the 12 consecutive
5calendar months ending on the immediately preceding June 30.
6    "Benefit period" means the 12 consecutive calendar month
7period beginning on the first day of the first calendar month
8immediately following a determination date, except that, with
9respect to any calendar year in which there is a June 1
10determination date, "benefit period" shall mean the 6
11consecutive calendar month period beginning on the first day
12of the first calendar month immediately following the
13preceding December 1 determination date and the 6 consecutive
14calendar month period beginning on the first day of the first
15calendar month immediately following the June 1 determination
16date.
17    "Gross wages" means all the wages paid to individuals
18during the determination period immediately preceding a
19determination date for insured work, and reported to the
20Director by employers prior to the first day of the third
21calendar month preceding that date.
22    "Covered employment" for any calendar month means the
23total number of individuals, as determined by the Director,
24engaged in insured work at mid-month.
25    "Average monthly covered employment" means one-twelfth of
26the sum of the covered employment for the 12 months of a

 

 

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1determination period.
2    "Statewide average annual wage" means the quotient,
3obtained by dividing gross wages by average monthly covered
4employment for the same determination period, rounded (if not
5already a multiple of one cent) to the nearest cent.
6    "Statewide average weekly wage" means the quotient,
7obtained by dividing the statewide average annual wage by 52,
8rounded (if not already a multiple of one cent) to the nearest
9cent. Notwithstanding any provision of this Section to the
10contrary, the statewide average weekly wage for any benefit
11period prior to calendar year 2012 shall be as determined by
12the provisions of this Act as amended and in effect on November
1318, 2011. Notwithstanding any provisions of this Section to
14the contrary, the statewide average weekly wage for the
15benefit period of calendar year 2012 shall be $856.55 and for
16each calendar year thereafter, the statewide average weekly
17wage shall be the statewide average weekly wage, as determined
18in accordance with this sentence, for the immediately
19preceding benefit period plus (or minus) an amount equal to
20the percentage change in the statewide average weekly wage, as
21computed in accordance with the first sentence of this
22paragraph, between the 2 immediately preceding benefit
23periods, multiplied by the statewide average weekly wage, as
24determined in accordance with this sentence, for the
25immediately preceding benefit period. However, for purposes of
26the Workers' Compensation Act, the statewide average weekly

 

 

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1wage will be computed using June 1 and December 1
2determination dates of each calendar year and such
3determination shall not be subject to the limitation of the
4statewide average weekly wage as computed in accordance with
5the preceding sentence of this paragraph.
6    With respect to any week beginning in a benefit year
7beginning prior to January 4, 2004, "maximum weekly benefit
8amount" with respect to each week beginning within a benefit
9period shall be as defined in the provisions of this Act as
10amended and in effect on November 18, 2011.
11    With respect to any benefit year beginning on or after
12January 4, 2004 and before January 6, 2008, "maximum weekly
13benefit amount" with respect to each week beginning within a
14benefit period means 48% of the statewide average weekly wage,
15rounded (if not already a multiple of one dollar) to the next
16higher dollar.
17    Except as otherwise provided in this Section, with respect
18to any benefit year beginning on or after January 6, 2008,
19"maximum weekly benefit amount" with respect to each week
20beginning within a benefit period means 47% of the statewide
21average weekly wage, rounded (if not already a multiple of one
22dollar) to the next higher dollar.
23    With respect to any benefit year beginning on or after
24January 1, 2025 2023 and before January 1, 2026 2024, "maximum
25weekly benefit amount" with respect to each week beginning
26within a benefit period means 40.6% 42.4% of the statewide

 

 

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1average weekly wage, rounded (if not already a multiple of one
2dollar) to the next higher dollar.
3    C. With respect to any week beginning in a benefit year
4beginning prior to January 4, 2004, an individual's
5eligibility for a dependent allowance with respect to a
6nonworking spouse or one or more dependent children shall be
7as defined by the provisions of this Act as amended and in
8effect on November 18, 2011.
9    With respect to any benefit year beginning on or after
10January 4, 2004 and before January 6, 2008, an individual to
11whom benefits are payable with respect to any week shall, in
12addition to those benefits, be paid, with respect to such
13week, as follows: in the case of an individual with a
14nonworking spouse, 9% of his or her prior average weekly wage,
15rounded (if not already a multiple of one dollar) to the next
16higher dollar, provided, that the total amount payable to the
17individual with respect to a week shall not exceed 57% of the
18statewide average weekly wage, rounded (if not already a
19multiple of one dollar) to the next higher dollar; and in the
20case of an individual with a dependent child or dependent
21children, 17.2% of his or her prior average weekly wage,
22rounded (if not already a multiple of one dollar) to the next
23higher dollar, provided that the total amount payable to the
24individual with respect to a week shall not exceed 65.2% of the
25statewide average weekly wage, rounded (if not already a
26multiple of one dollar) to the next higher dollar.

 

 

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1    With respect to any benefit year beginning on or after
2January 6, 2008 and before January 1, 2010, an individual to
3whom benefits are payable with respect to any week shall, in
4addition to those benefits, be paid, with respect to such
5week, as follows: in the case of an individual with a
6nonworking spouse, 9% of his or her prior average weekly wage,
7rounded (if not already a multiple of one dollar) to the next
8higher dollar, provided, that the total amount payable to the
9individual with respect to a week shall not exceed 56% of the
10statewide average weekly wage, rounded (if not already a
11multiple of one dollar) to the next higher dollar; and in the
12case of an individual with a dependent child or dependent
13children, 18.2% of his or her prior average weekly wage,
14rounded (if not already a multiple of one dollar) to the next
15higher dollar, provided that the total amount payable to the
16individual with respect to a week shall not exceed 65.2% of the
17statewide average weekly wage, rounded (if not already a
18multiple of one dollar) to the next higher dollar.
19    The additional amount paid pursuant to this subsection in
20the case of an individual with a dependent child or dependent
21children shall be referred to as the "dependent child
22allowance", and the percentage rate by which an individual's
23prior average weekly wage is multiplied pursuant to this
24subsection to calculate the dependent child allowance shall be
25referred to as the "dependent child allowance rate".
26    Except as otherwise provided in this Section, with respect

 

 

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1to any benefit year beginning on or after January 1, 2010, an
2individual to whom benefits are payable with respect to any
3week shall, in addition to those benefits, be paid, with
4respect to such week, as follows: in the case of an individual
5with a nonworking spouse, the greater of (i) 9% of his or her
6prior average weekly wage, rounded (if not already a multiple
7of one dollar) to the next higher dollar, or (ii) $15, provided
8that the total amount payable to the individual with respect
9to a week shall not exceed 56% of the statewide average weekly
10wage, rounded (if not already a multiple of one dollar) to the
11next higher dollar; and in the case of an individual with a
12dependent child or dependent children, the greater of (i) the
13product of the dependent child allowance rate multiplied by
14his or her prior average weekly wage, rounded (if not already a
15multiple of one dollar) to the next higher dollar, or (ii) the
16lesser of $50 or 50% of his or her weekly benefit amount,
17rounded (if not already a multiple of one dollar) to the next
18higher dollar, provided that the total amount payable to the
19individual with respect to a week shall not exceed the product
20of the statewide average weekly wage multiplied by the sum of
2147% plus the dependent child allowance rate, rounded (if not
22already a multiple of one dollar) to the next higher dollar.
23    With respect to any benefit year beginning on or after
24January 1, 2025 2023 and before January 1, 2026 2024, an
25individual to whom benefits are payable with respect to any
26week shall, in addition to those benefits, be paid, with

 

 

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1respect to such week, as follows: in the case of an individual
2with a nonworking spouse, the greater of (i) 9% of his or her
3prior average weekly wage, rounded (if not already a multiple
4of one dollar) to the next higher dollar, or (ii) $15, provided
5that the total amount payable to the individual with respect
6to a week shall not exceed 49.6% 51.4% of the statewide average
7weekly wage, rounded (if not already a multiple of one dollar)
8to the next higher dollar; and in the case of an individual
9with a dependent child or dependent children, the greater of
10(i) the product of the dependent child allowance rate
11multiplied by his or her prior average weekly wage, rounded
12(if not already a multiple of one dollar) to the next higher
13dollar, or (ii) the lesser of $50 or 50% of his or her weekly
14benefit amount, rounded (if not already a multiple of one
15dollar) to the next higher dollar, provided that the total
16amount payable to the individual with respect to a week shall
17not exceed the product of the statewide average weekly wage
18multiplied by the sum of 40.6% 42.4% plus the dependent child
19allowance rate, rounded (if not already a multiple of one
20dollar) to the next higher dollar.
21    With respect to each benefit year beginning after calendar
22year 2012, the dependent child allowance rate shall be the sum
23of the allowance adjustment applicable pursuant to Section
241400.1 to the calendar year in which the benefit year begins,
25plus the dependent child allowance rate with respect to each
26benefit year beginning in the immediately preceding calendar

 

 

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1year, except as otherwise provided in this subsection. The
2dependent child allowance rate with respect to each benefit
3year beginning in calendar year 2010 shall be 17.9%. The
4dependent child allowance rate with respect to each benefit
5year beginning in calendar year 2011 shall be 17.4%. The
6dependent child allowance rate with respect to each benefit
7year beginning in calendar year 2012 shall be 17.0% and, with
8respect to each benefit year beginning after calendar year
92012, shall not be less than 17.0% or greater than 17.9%.
10    For the purposes of this subsection:
11    "Dependent" means a child or a nonworking spouse.
12    "Child" means a natural child, stepchild, or adopted child
13of an individual claiming benefits under this Act or a child
14who is in the custody of any such individual by court order,
15for whom the individual is supplying and, for at least 90
16consecutive days (or for the duration of the parental
17relationship if it has existed for less than 90 days)
18immediately preceding any week with respect to which the
19individual has filed a claim, has supplied more than one-half
20the cost of support, or has supplied at least 1/4 of the cost
21of support if the individual and the other parent, together,
22are supplying and, during the aforesaid period, have supplied
23more than one-half the cost of support, and are, and were
24during the aforesaid period, members of the same household;
25and who, on the first day of such week (a) is under 18 years of
26age, or (b) is, and has been during the immediately preceding

 

 

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190 days, unable to work because of illness or other
2disability: provided, that no person who has been determined
3to be a child of an individual who has been allowed benefits
4with respect to a week in the individual's benefit year shall
5be deemed to be a child of the other parent, and no other
6person shall be determined to be a child of such other parent,
7during the remainder of that benefit year.
8    "Nonworking spouse" means the lawful husband or wife of an
9individual claiming benefits under this Act, for whom more
10than one-half the cost of support has been supplied by the
11individual for at least 90 consecutive days (or for the
12duration of the marital relationship if it has existed for
13less than 90 days) immediately preceding any week with respect
14to which the individual has filed a claim, but only if the
15nonworking spouse is currently ineligible to receive benefits
16under this Act by reason of the provisions of Section 500E.
17    An individual who was obligated by law to provide for the
18support of a child or of a nonworking spouse for the aforesaid
19period of 90 consecutive days, but was prevented by illness or
20injury from doing so, shall be deemed to have provided more
21than one-half the cost of supporting the child or nonworking
22spouse for that period.
23    (II) This Part (II) becomes operative if and only if funds
24from the State treasury are not appropriated on or before
25January 31, 2023 that are dedicated to pay all outstanding
26advances made to the State's account in the Unemployment Trust

 

 

10200SB1698ham002- 21 -LRB102 15409 HEP 41997 a

1Fund pursuant to Title XII of the federal Social Security Act.
2If this Part (II) becomes operative, it is operative
3retroactive to January 1, 2023.
4    A. With respect to any week beginning in a benefit year
5beginning prior to January 4, 2004, an individual's weekly
6benefit amount shall be an amount equal to the weekly benefit
7amount as defined in the provisions of this Act as amended and
8in effect on November 18, 2011.
9    B. 1. With respect to any benefit year beginning on or
10after January 4, 2004 and before January 6, 2008, an
11individual's weekly benefit amount shall be 48% of his or her
12prior average weekly wage, rounded (if not already a multiple
13of one dollar) to the next higher dollar; provided, however,
14that the weekly benefit amount cannot exceed the maximum
15weekly benefit amount and cannot be less than $51. Except as
16otherwise provided in this Section, with respect to any
17benefit year beginning on or after January 6, 2008, an
18individual's weekly benefit amount shall be 47% of his or her
19prior average weekly wage, rounded (if not already a multiple
20of one dollar) to the next higher dollar; provided, however,
21that the weekly benefit amount cannot exceed the maximum
22weekly benefit amount and cannot be less than $51. With
23respect to any benefit year beginning on or after January 1,
242024 and before January 1, 2025, an individual's weekly
25benefit amount shall be 40.6% of his or her prior average
26weekly wage, rounded (if not already a multiple of one dollar)

 

 

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1to the next higher dollar; provided, however, that the weekly
2benefit amount cannot exceed the maximum weekly benefit amount
3and cannot be less than $51.
4    2. For the purposes of this subsection:
5    An individual's "prior average weekly wage" means the
6total wages for insured work paid to that individual during
7the 2 calendar quarters of his base period in which such total
8wages were highest, divided by 26. If the quotient is not
9already a multiple of one dollar, it shall be rounded to the
10nearest dollar; however if the quotient is equally near 2
11multiples of one dollar, it shall be rounded to the higher
12multiple of one dollar.
13    "Determination date" means June 1 and December 1 of each
14calendar year except that, for the purposes of this Act only,
15there shall be no June 1 determination date in any year.
16    "Determination period" means, with respect to each June 1
17determination date, the 12 consecutive calendar months ending
18on the immediately preceding December 31 and, with respect to
19each December 1 determination date, the 12 consecutive
20calendar months ending on the immediately preceding June 30.
21    "Benefit period" means the 12 consecutive calendar month
22period beginning on the first day of the first calendar month
23immediately following a determination date, except that, with
24respect to any calendar year in which there is a June 1
25determination date, "benefit period" shall mean the 6
26consecutive calendar month period beginning on the first day

 

 

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1of the first calendar month immediately following the
2preceding December 1 determination date and the 6 consecutive
3calendar month period beginning on the first day of the first
4calendar month immediately following the June 1 determination
5date.
6    "Gross wages" means all the wages paid to individuals
7during the determination period immediately preceding a
8determination date for insured work, and reported to the
9Director by employers prior to the first day of the third
10calendar month preceding that date.
11    "Covered employment" for any calendar month means the
12total number of individuals, as determined by the Director,
13engaged in insured work at mid-month.
14    "Average monthly covered employment" means one-twelfth of
15the sum of the covered employment for the 12 months of a
16determination period.
17    "Statewide average annual wage" means the quotient,
18obtained by dividing gross wages by average monthly covered
19employment for the same determination period, rounded (if not
20already a multiple of one cent) to the nearest cent.
21    "Statewide average weekly wage" means the quotient,
22obtained by dividing the statewide average annual wage by 52,
23rounded (if not already a multiple of one cent) to the nearest
24cent. Notwithstanding any provision of this Section to the
25contrary, the statewide average weekly wage for any benefit
26period prior to calendar year 2012 shall be as determined by

 

 

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1the provisions of this Act as amended and in effect on November
218, 2011. Notwithstanding any provisions of this Section to
3the contrary, the statewide average weekly wage for the
4benefit period of calendar year 2012 shall be $856.55 and for
5each calendar year thereafter, the statewide average weekly
6wage shall be the statewide average weekly wage, as determined
7in accordance with this sentence, for the immediately
8preceding benefit period plus (or minus) an amount equal to
9the percentage change in the statewide average weekly wage, as
10computed in accordance with the first sentence of this
11paragraph, between the 2 immediately preceding benefit
12periods, multiplied by the statewide average weekly wage, as
13determined in accordance with this sentence, for the
14immediately preceding benefit period. However, for purposes of
15the Workers' Compensation Act, the statewide average weekly
16wage will be computed using June 1 and December 1
17determination dates of each calendar year and such
18determination shall not be subject to the limitation of the
19statewide average weekly wage as computed in accordance with
20the preceding sentence of this paragraph.
21    With respect to any week beginning in a benefit year
22beginning prior to January 4, 2004, "maximum weekly benefit
23amount" with respect to each week beginning within a benefit
24period shall be as defined in the provisions of this Act as
25amended and in effect on November 18, 2011.
26    With respect to any benefit year beginning on or after

 

 

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1January 4, 2004 and before January 6, 2008, "maximum weekly
2benefit amount" with respect to each week beginning within a
3benefit period means 48% of the statewide average weekly wage,
4rounded (if not already a multiple of one dollar) to the next
5higher dollar.
6    Except as otherwise provided in this Section, with respect
7to any benefit year beginning on or after January 6, 2008,
8"maximum weekly benefit amount" with respect to each week
9beginning within a benefit period means 47% of the statewide
10average weekly wage, rounded (if not already a multiple of one
11dollar) to the next higher dollar.
12    With respect to any benefit year beginning on or after
13January 1, 2024 and before January 1, 2025, "maximum weekly
14benefit amount" with respect to each week beginning within a
15benefit period means 40.6% of the statewide average weekly
16wage, rounded (if not already a multiple of one dollar) to the
17next higher dollar.
18    C. With respect to any week beginning in a benefit year
19beginning prior to January 4, 2004, an individual's
20eligibility for a dependent allowance with respect to a
21nonworking spouse or one or more dependent children shall be
22as defined by the provisions of this Act as amended and in
23effect on November 18, 2011.
24    With respect to any benefit year beginning on or after
25January 4, 2004 and before January 6, 2008, an individual to
26whom benefits are payable with respect to any week shall, in

 

 

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1addition to those benefits, be paid, with respect to such
2week, as follows: in the case of an individual with a
3nonworking spouse, 9% of his or her prior average weekly wage,
4rounded (if not already a multiple of one dollar) to the next
5higher dollar, provided, that the total amount payable to the
6individual with respect to a week shall not exceed 57% of the
7statewide average weekly wage, rounded (if not already a
8multiple of one dollar) to the next higher dollar; and in the
9case of an individual with a dependent child or dependent
10children, 17.2% of his or her prior average weekly wage,
11rounded (if not already a multiple of one dollar) to the next
12higher dollar, provided that the total amount payable to the
13individual with respect to a week shall not exceed 65.2% of the
14statewide average weekly wage, rounded (if not already a
15multiple of one dollar) to the next higher dollar.
16    With respect to any benefit year beginning on or after
17January 6, 2008 and before January 1, 2010, an individual to
18whom benefits are payable with respect to any week shall, in
19addition to those benefits, be paid, with respect to such
20week, as follows: in the case of an individual with a
21nonworking spouse, 9% of his or her prior average weekly wage,
22rounded (if not already a multiple of one dollar) to the next
23higher dollar, provided, that the total amount payable to the
24individual with respect to a week shall not exceed 56% of the
25statewide average weekly wage, rounded (if not already a
26multiple of one dollar) to the next higher dollar; and in the

 

 

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1case of an individual with a dependent child or dependent
2children, 18.2% of his or her prior average weekly wage,
3rounded (if not already a multiple of one dollar) to the next
4higher dollar, provided that the total amount payable to the
5individual with respect to a week shall not exceed 65.2% of the
6statewide average weekly wage, rounded (if not already a
7multiple of one dollar) to the next higher dollar.
8    The additional amount paid pursuant to this subsection in
9the case of an individual with a dependent child or dependent
10children shall be referred to as the "dependent child
11allowance", and the percentage rate by which an individual's
12prior average weekly wage is multiplied pursuant to this
13subsection to calculate the dependent child allowance shall be
14referred to as the "dependent child allowance rate".
15    Except as otherwise provided in this Section, with respect
16to any benefit year beginning on or after January 1, 2010, an
17individual to whom benefits are payable with respect to any
18week shall, in addition to those benefits, be paid, with
19respect to such week, as follows: in the case of an individual
20with a nonworking spouse, the greater of (i) 9% of his or her
21prior average weekly wage, rounded (if not already a multiple
22of one dollar) to the next higher dollar, or (ii) $15, provided
23that the total amount payable to the individual with respect
24to a week shall not exceed 56% of the statewide average weekly
25wage, rounded (if not already a multiple of one dollar) to the
26next higher dollar; and in the case of an individual with a

 

 

10200SB1698ham002- 28 -LRB102 15409 HEP 41997 a

1dependent child or dependent children, the greater of (i) the
2product of the dependent child allowance rate multiplied by
3his or her prior average weekly wage, rounded (if not already a
4multiple of one dollar) to the next higher dollar, or (ii) the
5lesser of $50 or 50% of his or her weekly benefit amount,
6rounded (if not already a multiple of one dollar) to the next
7higher dollar, provided that the total amount payable to the
8individual with respect to a week shall not exceed the product
9of the statewide average weekly wage multiplied by the sum of
1047% plus the dependent child allowance rate, rounded (if not
11already a multiple of one dollar) to the next higher dollar.
12    With respect to any benefit year beginning on or after
13January 1, 2024 and before January 1, 2025, an individual to
14whom benefits are payable with respect to any week shall, in
15addition to those benefits, be paid, with respect to such
16week, as follows: in the case of an individual with a
17nonworking spouse, the greater of (i) 9% of his or her prior
18average weekly wage, rounded (if not already a multiple of one
19dollar) to the next higher dollar, or (ii) $15, provided that
20the total amount payable to the individual with respect to a
21week shall not exceed 49.6% of the statewide average weekly
22wage, rounded (if not already a multiple of one dollar) to the
23next higher dollar; and in the case of an individual with a
24dependent child or dependent children, the greater of (i) the
25product of the dependent child allowance rate multiplied by
26his or her prior average weekly wage, rounded (if not already a

 

 

10200SB1698ham002- 29 -LRB102 15409 HEP 41997 a

1multiple of one dollar) to the next higher dollar, or (ii) the
2lesser of $50 or 50% of his or her weekly benefit amount,
3rounded (if not already a multiple of one dollar) to the next
4higher dollar, provided that the total amount payable to the
5individual with respect to a week shall not exceed the product
6of the statewide average weekly wage multiplied by the sum of
740.6% plus the dependent child allowance rate, rounded (if not
8already a multiple of one dollar) to the next higher dollar.
9    With respect to each benefit year beginning after calendar
10year 2012, the dependent child allowance rate shall be the sum
11of the allowance adjustment applicable pursuant to Section
121400.1 to the calendar year in which the benefit year begins,
13plus the dependent child allowance rate with respect to each
14benefit year beginning in the immediately preceding calendar
15year, except as otherwise provided in this subsection. The
16dependent child allowance rate with respect to each benefit
17year beginning in calendar year 2010 shall be 17.9%. The
18dependent child allowance rate with respect to each benefit
19year beginning in calendar year 2011 shall be 17.4%. The
20dependent child allowance rate with respect to each benefit
21year beginning in calendar year 2012 shall be 17.0% and, with
22respect to each benefit year beginning after calendar year
232012, shall not be less than 17.0% or greater than 17.9%.
24    For the purposes of this subsection:
25    "Dependent" means a child or a nonworking spouse.
26    "Child" means a natural child, stepchild, or adopted child

 

 

10200SB1698ham002- 30 -LRB102 15409 HEP 41997 a

1of an individual claiming benefits under this Act or a child
2who is in the custody of any such individual by court order,
3for whom the individual is supplying and, for at least 90
4consecutive days (or for the duration of the parental
5relationship if it has existed for less than 90 days)
6immediately preceding any week with respect to which the
7individual has filed a claim, has supplied more than one-half
8the cost of support, or has supplied at least 1/4 of the cost
9of support if the individual and the other parent, together,
10are supplying and, during the aforesaid period, have supplied
11more than one-half the cost of support, and are, and were
12during the aforesaid period, members of the same household;
13and who, on the first day of such week (a) is under 18 years of
14age, or (b) is, and has been during the immediately preceding
1590 days, unable to work because of illness or other
16disability: provided, that no person who has been determined
17to be a child of an individual who has been allowed benefits
18with respect to a week in the individual's benefit year shall
19be deemed to be a child of the other parent, and no other
20person shall be determined to be a child of such other parent,
21during the remainder of that benefit year.
22    "Nonworking spouse" means the lawful husband or wife of an
23individual claiming benefits under this Act, for whom more
24than one-half the cost of support has been supplied by the
25individual for at least 90 consecutive days (or for the
26duration of the marital relationship if it has existed for

 

 

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1less than 90 days) immediately preceding any week with respect
2to which the individual has filed a claim, but only if the
3nonworking spouse is currently ineligible to receive benefits
4under this Act by reason of the provisions of Section 500E.
5    An individual who was obligated by law to provide for the
6support of a child or of a nonworking spouse for the aforesaid
7period of 90 consecutive days, but was prevented by illness or
8injury from doing so, shall be deemed to have provided more
9than one-half the cost of supporting the child or nonworking
10spouse for that period.
11(Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20;
12102-671, eff. 11-30-21; 102-700, eff. 4-19-22.)
 
13    (820 ILCS 405/403)  (from Ch. 48, par. 403)
14    Sec. 403. Maximum total amount of benefits.
15    (I) If and only if funds from the State treasury are not
16appropriated on or before January 31, 2023 that are dedicated
17to pay all outstanding advances made to the State's account in
18the Unemployment Trust Fund pursuant to Title XII of the
19federal Social Security Act, then this Part (I) is inoperative
20retroactive to January 1, 2023.
21    A. With respect to any benefit year beginning prior to
22September 30, 1979, any otherwise eligible individual shall be
23entitled, during such benefit year, to a maximum total amount
24of benefits as shall be determined in the manner set forth in
25this Act as amended and in effect on November 9, 1977.

 

 

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1    B. With respect to any benefit year beginning on or after
2September 30, 1979, except as otherwise provided in this
3Section, any otherwise eligible individual shall be entitled,
4during such benefit year, to a maximum total amount of
5benefits equal to 26 times his or her weekly benefit amount
6plus dependents' allowances, or to the total wages for insured
7work paid to such individual during the individual's base
8period, whichever amount is smaller. With respect to any
9benefit year beginning in calendar year 2012, any otherwise
10eligible individual shall be entitled, during such benefit
11year, to a maximum total amount of benefits equal to 25 times
12his or her weekly benefit amount plus dependents' allowances,
13or to the total wages for insured work paid to such individual
14during the individual's base period, whichever amount is
15smaller. With respect to any benefit year beginning on or
16after January 1, 2025 2023 and before January 1, 2026 2024, any
17otherwise eligible individual shall be entitled, during such
18benefit year, to a maximum total amount of benefits equal to 23
1924 times his or her weekly benefit amount plus dependents'
20allowances, or to the total wages for insured work paid to such
21individual during the individual's base period, whichever
22amount is smaller.
23    (II) This Part (II) becomes operative if and only if funds
24from the State treasury are not appropriated on or before
25January 31, 2023 that are dedicated to pay all outstanding
26advances made to the State's account in the Unemployment Trust

 

 

10200SB1698ham002- 33 -LRB102 15409 HEP 41997 a

1Fund pursuant to Title XII of the federal Social Security Act.
2If this Part (II) becomes operative, it is operative
3retroactive to January 1, 2023.
4    A. With respect to any benefit year beginning prior to
5September 30, 1979, any otherwise eligible individual shall be
6entitled, during such benefit year, to a maximum total amount
7of benefits as shall be determined in the manner set forth in
8this Act as amended and in effect on November 9, 1977.
9    B. With respect to any benefit year beginning on or after
10September 30, 1979, except as otherwise provided in this
11Section, any otherwise eligible individual shall be entitled,
12during such benefit year, to a maximum total amount of
13benefits equal to 26 times his or her weekly benefit amount
14plus dependents' allowances, or to the total wages for insured
15work paid to such individual during the individual's base
16period, whichever amount is smaller. With respect to any
17benefit year beginning in calendar year 2012, any otherwise
18eligible individual shall be entitled, during such benefit
19year, to a maximum total amount of benefits equal to 25 times
20his or her weekly benefit amount plus dependents' allowances,
21or to the total wages for insured work paid to such individual
22during the individual's base period, whichever amount is
23smaller. With respect to any benefit year beginning on or
24after January 1, 2024 and before January 1, 2025, any
25otherwise eligible individual shall be entitled, during such
26benefit year, to a maximum total amount of benefits equal to 23

 

 

10200SB1698ham002- 34 -LRB102 15409 HEP 41997 a

1times his or her weekly benefit amount plus dependents'
2allowances, or to the total wages for insured work paid to such
3individual during the individual's base period, whichever
4amount is smaller.
5(Source: P.A. 101-423, eff. 1-1-20; 102-671, eff. 11-30-21;
6102-700, eff. 4-19-22.)
 
7    (820 ILCS 405/1400.1)
8    Sec. 1400.1. Solvency Adjustments.     (I) If and only if
9funds from the State treasury are not appropriated on or
10before January 31, 2023 that are dedicated to pay all
11outstanding advances made to the State's account in the
12Unemployment Trust Fund pursuant to Title XII of the federal
13Social Security Act, then this Part (I) is inoperative
14retroactive to January 1, 2023.
15As used in this Section, "prior year's trust fund balance"
16means the net amount standing to the credit of this State's
17account in the unemployment trust fund (less all outstanding
18advances to that account, including but not limited to
19advances pursuant to Title XII of the federal Social Security
20Act) as of June 30 of the immediately preceding calendar year.
21    The wage base adjustment, rate adjustment, and allowance
22adjustment applicable to any calendar year after calendar year
232009 shall be as follows:
24        If the prior year's trust fund balance is less than
25    $525,000,000 $300,000,000, the wage base adjustment shall

 

 

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1    be $220, the rate adjustment shall be 0.05%, and the
2    allowance adjustment shall be -0.3% absolute.
3        If the prior year's trust fund balance is equal to or
4    greater than $525,000,000 $300,000,000 but less than
5    $1,225,000,000 $700,000,000, the wage base adjustment
6    shall be $150, the rate adjustment shall be 0.025%, and
7    the allowance adjustment shall be -0.2% absolute.
8        If the prior year's trust fund balance is equal to or
9    greater than $1,225,000,000 $700,000,000 but less than
10    $1,750,000,000 $1,000,000,000, the wage base adjustment
11    shall be $75, the rate adjustment shall be 0, and the
12    allowance adjustment shall be -0.1% absolute.
13        If the prior year's trust fund balance is equal to or
14    greater than $1,750,000,000 $1,000,000,000 but less than
15    $2,275,000,000 $1,300,000,000, the wage base adjustment
16    shall be -$75, the rate adjustment shall be 0, and the
17    allowance adjustment shall be 0.1% absolute.
18        If the prior year's trust fund balance is equal to or
19    greater than $2,275,000,000 $1,300,000,000 but less than
20    $2,975,000,000 $1,700,000,000, the wage base adjustment
21    shall be -$150, the rate adjustment shall be -0.025%, and
22    the allowance adjustment shall be 0.2% absolute.
23        If the prior year's trust fund balance is equal to or
24    greater than $2,975,000,000 $1,700,000,000, the wage base
25    adjustment shall be -$220, the rate adjustment shall be -
26    0.05%, and the allowance adjustment shall be 0.3%

 

 

10200SB1698ham002- 36 -LRB102 15409 HEP 41997 a

1    absolute.
2    (II) This Part (II) becomes operative if and only if funds
3from the State treasury are not appropriated on or before
4January 31, 2023 that are dedicated to pay all outstanding
5advances made to the State's account in the Unemployment Trust
6Fund pursuant to Title XII of the federal Social Security Act.
7If this Part (II) becomes operative, it is operative
8retroactive to January 1, 2023.
9As used in this Section, "prior year's trust fund balance"
10means the net amount standing to the credit of this State's
11account in the unemployment trust fund (less all outstanding
12advances to that account, including but not limited to
13advances pursuant to Title XII of the federal Social Security
14Act) as of June 30 of the immediately preceding calendar year.
15    The wage base adjustment, rate adjustment, and allowance
16adjustment applicable to any calendar year after calendar year
172009 shall be as follows:
18        If the prior year's trust fund balance is less than
19    $300,000,000, the wage base adjustment shall be $220, the
20    rate adjustment shall be 0.05%, and the allowance
21    adjustment shall be -0.3% absolute.
22        If the prior year's trust fund balance is equal to or
23    greater than $300,000,000 but less than $700,000,000, the
24    wage base adjustment shall be $150, the rate adjustment
25    shall be 0.025%, and the allowance adjustment shall be -
26    0.2% absolute.

 

 

10200SB1698ham002- 37 -LRB102 15409 HEP 41997 a

1        If the prior year's trust fund balance is equal to or
2    greater than $700,000,000 but less than $1,000,000,000,
3    the wage base adjustment shall be $75, the rate adjustment
4    shall be 0, and the allowance adjustment shall be -0.1%
5    absolute.
6        If the prior year's trust fund balance is equal to or
7    greater than $1,000,000,000 but less than $1,300,000,000,
8    the wage base adjustment shall be -$75, the rate
9    adjustment shall be 0, and the allowance adjustment shall
10    be 0.1% absolute.
11        If the prior year's trust fund balance is equal to or
12    greater than $1,300,000,000 but less than $1,700,000,000,
13    the wage base adjustment shall be -$150, the rate
14    adjustment shall be -0.025%, and the allowance adjustment
15    shall be 0.2% absolute.
16        If the prior year's trust fund balance is equal to or
17    greater than $1,700,000,000, the wage base adjustment
18    shall be -$220, the rate adjustment shall be -0.05%, and
19    the allowance adjustment shall be 0.3% absolute.
20(Source: P.A. 93-634, eff. 1-1-04.)
 
21    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
22    Sec. 1505. Adjustment of state experience factor.     (I)
23If and only if funds from the State treasury are not
24appropriated on or before January 31, 2023 that are dedicated
25to pay all outstanding advances made to the State's account in

 

 

10200SB1698ham002- 38 -LRB102 15409 HEP 41997 a

1the Unemployment Trust Fund pursuant to Title XII of the
2federal Social Security Act, then this Part (I) is inoperative
3retroactive to January 1, 2023.
4The state experience factor shall be adjusted in accordance
5with the following provisions:
6    A. For calendar years prior to 1988, the state experience
7factor shall be adjusted in accordance with the provisions of
8this Act as amended and in effect on November 18, 2011.
9    B. (Blank).
10    C. For calendar year 1988 and each calendar year
11thereafter, for which the state experience factor is being
12determined.
13        1. For every $50,000,000 (or fraction thereof) by
14    which the adjusted trust fund balance falls below the
15    target balance set forth in this subsection, the state
16    experience factor for the succeeding year shall be
17    increased one percent absolute.
18        For every $50,000,000 (or fraction thereof) by which
19    the adjusted trust fund balance exceeds the target balance
20    set forth in this subsection, the state experience factor
21    for the succeeding year shall be decreased by one percent
22    absolute.
23        The target balance in each calendar year prior to 2003
24    is $750,000,000. The target balance in calendar year 2003
25    is $920,000,000. The target balance in calendar year 2004
26    is $960,000,000. The target balance in calendar year 2005

 

 

10200SB1698ham002- 39 -LRB102 15409 HEP 41997 a

1    and each calendar year through 2022 thereafter is
2    $1,000,000,000. The target balance in calendar year 2023
3    and each calendar year thereafter is $1,750,000,000.
4        2. For the purposes of this subsection:
5        "Net trust fund balance" is the amount standing to the
6    credit of this State's account in the unemployment trust
7    fund as of June 30 of the calendar year immediately
8    preceding the year for which a state experience factor is
9    being determined.
10        "Adjusted trust fund balance" is the net trust fund
11    balance minus the sum of the benefit reserves for fund
12    building for July 1, 1987 through June 30 of the year prior
13    to the year for which the state experience factor is being
14    determined. The adjusted trust fund balance shall not be
15    less than zero. If the preceding calculation results in a
16    number which is less than zero, the amount by which it is
17    less than zero shall reduce the sum of the benefit
18    reserves for fund building for subsequent years.
19        For the purpose of determining the state experience
20    factor for 1989 and for each calendar year thereafter, the
21    following "benefit reserves for fund building" shall apply
22    for each state experience factor calculation in which that
23    12 month period is applicable:
24            a. For the 12 month period ending on June 30, 1988,
25        the "benefit reserve for fund building" shall be
26        8/104th of the total benefits paid from January 1,

 

 

10200SB1698ham002- 40 -LRB102 15409 HEP 41997 a

1        1988 through June 30, 1988.
2            b. For the 12 month period ending on June 30, 1989,
3        the "benefit reserve for fund building" shall be the
4        sum of:
5                i. 8/104ths of the total benefits paid from
6            July 1, 1988 through December 31, 1988, plus
7                ii. 4/108ths of the total benefits paid from
8            January 1, 1989 through June 30, 1989.
9            c. For the 12 month period ending on June 30, 1990,
10        the "benefit reserve for fund building" shall be
11        4/108ths of the total benefits paid from July 1, 1989
12        through December 31, 1989.
13            d. For 1992 and for each calendar year thereafter,
14        the "benefit reserve for fund building" for the 12
15        month period ending on June 30, 1991 and for each
16        subsequent 12 month period shall be zero.
17        3. Notwithstanding the preceding provisions of this
18    subsection, for calendar years 1988 through 2003, the
19    state experience factor shall not be increased or
20    decreased by more than 15 percent absolute.
21    D. Notwithstanding the provisions of subsection C, the
22adjusted state experience factor:
23        1. Shall be 111 percent for calendar year 1988;
24        2. Shall not be less than 75 percent nor greater than
25    135 percent for calendar years 1989 through 2003; and
26    shall not be less than 75% nor greater than 150% for

 

 

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1    calendar year 2004 and each calendar year thereafter, not
2    counting any increase pursuant to subsection D-1, D-2, or
3    D-3;
4        3. Shall not be decreased by more than 5 percent
5    absolute for any calendar year, beginning in calendar year
6    1989 and through calendar year 1992, by more than 6%
7    absolute for calendar years 1993 through 1995, by more
8    than 10% absolute for calendar years 1999 through 2003 and
9    by more than 12% absolute for calendar year 2004 and each
10    calendar year thereafter, from the adjusted state
11    experience factor of the calendar year preceding the
12    calendar year for which the adjusted state experience
13    factor is being determined;
14        4. Shall not be increased by more than 15% absolute
15    for calendar year 1993, by more than 14% absolute for
16    calendar years 1994 and 1995, by more than 10% absolute
17    for calendar years 1999 through 2003 and by more than 16%
18    absolute for calendar year 2004 and each calendar year
19    thereafter, from the adjusted state experience factor for
20    the calendar year preceding the calendar year for which
21    the adjusted state experience factor is being determined;
22        5. Shall be 100% for calendar years 1996, 1997, and
23    1998.
24    D-1. The adjusted state experience factor for each of
25calendar years 2013 through 2015 shall be increased by 5%
26absolute above the adjusted state experience factor as

 

 

10200SB1698ham002- 42 -LRB102 15409 HEP 41997 a

1calculated without regard to this subsection. The adjusted
2state experience factor for each of calendar years 2016
3through 2018 shall be increased by 6% absolute above the
4adjusted state experience factor as calculated without regard
5to this subsection. The increase in the adjusted state
6experience factor for calendar year 2018 pursuant to this
7subsection shall not be counted for purposes of applying
8paragraph 3 or 4 of subsection D to the calculation of the
9adjusted state experience factor for calendar year 2019.
10    D-2. (Blank).
11    D-3. The adjusted state experience factor for calendar
12year 2025 2023 shall be increased by 20% 16% absolute above the
13adjusted state experience factor as calculated without regard
14to this subsection. The increase in the adjusted state
15experience factor for calendar year 2025 2023 pursuant to this
16subsection shall not be counted for purposes of applying
17paragraph 3 or 4 of subsection D to the calculation of the
18adjusted state experience factor for calendar year 2026 2024.
19    D-4. If and only if an appropriation as set forth in
20Section 2101.1B is made, the adjusted state experience factor
21for calendar years beginning in 2024 shall be increased by 3%
22absolute above the adjusted state experience factor as
23calculated without regard to this subsection or subsection
24D-3. The increase in the state experience factor provided for
25in this subsection shall not be counted for purposes of
26applying paragraph 3 or 4 of subsection D to the calculation of

 

 

10200SB1698ham002- 43 -LRB102 15409 HEP 41997 a

1the adjusted state experience factor for the following
2calendar year. This subsection shall cease to be operative
3beginning January 1 of the calendar year following the
4calendar year in which the total amount of the transfers of
5funds provided for in Section 2101.1B equals the total amount
6of the appropriation.
7    E. The amount standing to the credit of this State's
8account in the unemployment trust fund as of June 30 shall be
9deemed to include as part thereof (a) any amount receivable on
10that date from any Federal governmental agency, or as a
11payment in lieu of contributions under the provisions of
12Sections 1403 and 1405 B and paragraph 2 of Section 302C, in
13reimbursement of benefits paid to individuals, and (b) amounts
14credited by the Secretary of the Treasury of the United States
15to this State's account in the unemployment trust fund
16pursuant to Section 903 of the Federal Social Security Act, as
17amended, including any such amounts which have been
18appropriated by the General Assembly in accordance with the
19provisions of Section 2100 B for expenses of administration,
20except any amounts which have been obligated on or before that
21date pursuant to such appropriation.
22    (II) This Part (II) becomes operative if and only if funds
23from the State treasury are not appropriated on or before
24January 31, 2023 that are dedicated to pay all outstanding
25advances made to the State's account in the Unemployment Trust
26Fund pursuant to Title XII of the federal Social Security Act.

 

 

10200SB1698ham002- 44 -LRB102 15409 HEP 41997 a

1If this Part (II) becomes operative, it is operative
2retroactive to January 1, 2023.
3The state experience factor shall be adjusted in accordance
4with the following provisions:
5    A. For calendar years prior to 1988, the state experience
6factor shall be adjusted in accordance with the provisions of
7this Act as amended and in effect on November 18, 2011.
8    B. (Blank).
9    C. For calendar year 1988 and each calendar year
10thereafter, for which the state experience factor is being
11determined.
12        1. For every $50,000,000 (or fraction thereof) by
13    which the adjusted trust fund balance falls below the
14    target balance set forth in this subsection, the state
15    experience factor for the succeeding year shall be
16    increased one percent absolute.
17        For every $50,000,000 (or fraction thereof) by which
18    the adjusted trust fund balance exceeds the target balance
19    set forth in this subsection, the state experience factor
20    for the succeeding year shall be decreased by one percent
21    absolute.
22        The target balance in each calendar year prior to 2003
23    is $750,000,000. The target balance in calendar year 2003
24    is $920,000,000. The target balance in calendar year 2004
25    is $960,000,000. The target balance in calendar year 2005
26    and each calendar year thereafter is $1,000,000,000.

 

 

10200SB1698ham002- 45 -LRB102 15409 HEP 41997 a

1        2. For the purposes of this subsection:
2        "Net trust fund balance" is the amount standing to the
3    credit of this State's account in the unemployment trust
4    fund as of June 30 of the calendar year immediately
5    preceding the year for which a state experience factor is
6    being determined.
7        "Adjusted trust fund balance" is the net trust fund
8    balance minus the sum of the benefit reserves for fund
9    building for July 1, 1987 through June 30 of the year prior
10    to the year for which the state experience factor is being
11    determined. The adjusted trust fund balance shall not be
12    less than zero. If the preceding calculation results in a
13    number which is less than zero, the amount by which it is
14    less than zero shall reduce the sum of the benefit
15    reserves for fund building for subsequent years.
16        For the purpose of determining the state experience
17    factor for 1989 and for each calendar year thereafter, the
18    following "benefit reserves for fund building" shall apply
19    for each state experience factor calculation in which that
20    12 month period is applicable:
21            a. For the 12 month period ending on June 30, 1988,
22        the "benefit reserve for fund building" shall be
23        8/104th of the total benefits paid from January 1,
24        1988 through June 30, 1988.
25            b. For the 12 month period ending on June 30, 1989,
26        the "benefit reserve for fund building" shall be the

 

 

10200SB1698ham002- 46 -LRB102 15409 HEP 41997 a

1        sum of:
2                i. 8/104ths of the total benefits paid from
3            July 1, 1988 through December 31, 1988, plus
4                ii. 4/108ths of the total benefits paid from
5            January 1, 1989 through June 30, 1989.
6            c. For the 12 month period ending on June 30, 1990,
7        the "benefit reserve for fund building" shall be
8        4/108ths of the total benefits paid from July 1, 1989
9        through December 31, 1989.
10            d. For 1992 and for each calendar year thereafter,
11        the "benefit reserve for fund building" for the 12
12        month period ending on June 30, 1991 and for each
13        subsequent 12 month period shall be zero.
14        3. Notwithstanding the preceding provisions of this
15    subsection, for calendar years 1988 through 2003, the
16    state experience factor shall not be increased or
17    decreased by more than 15 percent absolute.
18    D. Notwithstanding the provisions of subsection C, the
19adjusted state experience factor:
20        1. Shall be 111 percent for calendar year 1988;
21        2. Shall not be less than 75 percent nor greater than
22    135 percent for calendar years 1989 through 2003; and
23    shall not be less than 75% nor greater than 150% for
24    calendar year 2004 and each calendar year thereafter, not
25    counting any increase pursuant to subsection D-1, D-2, or
26    D-3;

 

 

10200SB1698ham002- 47 -LRB102 15409 HEP 41997 a

1        3. Shall not be decreased by more than 5 percent
2    absolute for any calendar year, beginning in calendar year
3    1989 and through calendar year 1992, by more than 6%
4    absolute for calendar years 1993 through 1995, by more
5    than 10% absolute for calendar years 1999 through 2003 and
6    by more than 12% absolute for calendar year 2004 and each
7    calendar year thereafter, from the adjusted state
8    experience factor of the calendar year preceding the
9    calendar year for which the adjusted state experience
10    factor is being determined;
11        4. Shall not be increased by more than 15% absolute
12    for calendar year 1993, by more than 14% absolute for
13    calendar years 1994 and 1995, by more than 10% absolute
14    for calendar years 1999 through 2003 and by more than 16%
15    absolute for calendar year 2004 and each calendar year
16    thereafter, from the adjusted state experience factor for
17    the calendar year preceding the calendar year for which
18    the adjusted state experience factor is being determined;
19        5. Shall be 100% for calendar years 1996, 1997, and
20    1998.
21    D-1. The adjusted state experience factor for each of
22calendar years 2013 through 2015 shall be increased by 5%
23absolute above the adjusted state experience factor as
24calculated without regard to this subsection. The adjusted
25state experience factor for each of calendar years 2016
26through 2018 shall be increased by 6% absolute above the

 

 

10200SB1698ham002- 48 -LRB102 15409 HEP 41997 a

1adjusted state experience factor as calculated without regard
2to this subsection. The increase in the adjusted state
3experience factor for calendar year 2018 pursuant to this
4subsection shall not be counted for purposes of applying
5paragraph 3 or 4 of subsection D to the calculation of the
6adjusted state experience factor for calendar year 2019.
7    D-2. (Blank).
8    D-3. The adjusted state experience factor for calendar
9year 2025 shall be increased by 20% absolute above the
10adjusted state experience factor as calculated without regard
11to this subsection. The increase in the adjusted state
12experience factor for calendar year 2024 pursuant to this
13subsection shall not be counted for purposes of applying
14paragraph 3 or 4 of subsection D to the calculation of the
15adjusted state experience factor for calendar year 2025.
16    E. The amount standing to the credit of this State's
17account in the unemployment trust fund as of June 30 shall be
18deemed to include as part thereof (a) any amount receivable on
19that date from any Federal governmental agency, or as a
20payment in lieu of contributions under the provisions of
21Sections 1403 and 1405 B and paragraph 2 of Section 302C, in
22reimbursement of benefits paid to individuals, and (b) amounts
23credited by the Secretary of the Treasury of the United States
24to this State's account in the unemployment trust fund
25pursuant to Section 903 of the Federal Social Security Act, as
26amended, including any such amounts which have been

 

 

10200SB1698ham002- 49 -LRB102 15409 HEP 41997 a

1appropriated by the General Assembly in accordance with the
2provisions of Section 2100 B for expenses of administration,
3except any amounts which have been obligated on or before that
4date pursuant to such appropriation.
5(Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20;
6102-671, eff. 11-30-21; 102-700, eff. 4-19-22.)
 
7    (820 ILCS 405/1506.6)
8    Sec. 1506.6. Surcharge; specified period.
9    (I) If and only if funds from the State treasury are not
10appropriated on or before January 31, 2023 that are dedicated
11to pay all outstanding advances made to the State's account in
12the Unemployment Trust Fund pursuant to Title XII of the
13federal Social Security Act, then this Part (I) is inoperative
14retroactive to January 1, 2023. For each employer whose
15contribution rate for calendar year 2025 2023 is determined
16pursuant to Section 1500 or 1506.1, in addition to the
17contribution rate established pursuant to Section 1506.3, an
18additional surcharge of 0.350% 0.325% shall be added to the
19contribution rate. The surcharge established by this Section
20shall be due at the same time as other contributions with
21respect to the quarter are due, as provided in Section 1400.
22Payments attributable to the surcharge established pursuant to
23this Section shall be contributions and deposited into the
24clearing account.
25    (II) This Part (II) becomes operative if and only if funds

 

 

10200SB1698ham002- 50 -LRB102 15409 HEP 41997 a

1from the State treasury are not appropriated on or before
2January 31, 2023 that are dedicated to pay all outstanding
3advances made to the State's account in the Unemployment Trust
4Fund pursuant to Title XII of the federal Social Security Act.
5If this Part (II) becomes operative, it is operative
6retroactive to January 1, 2023. For each employer whose
7contribution rate for calendar year 2024 is determined
8pursuant to Section 1500 or 1506.1, in addition to the
9contribution rate established pursuant to Section 1506.3, an
10additional surcharge of 0.350% shall be added to the
11contribution rate. The surcharge established by this Section
12shall be due at the same time as other contributions with
13respect to the quarter are due, as provided in Section 1400.
14Payments attributable to the surcharge established pursuant to
15this Section shall be contributions and deposited into the
16clearing account.
17(Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20;
18102-671, eff. 11-30-21; 102-700, eff. 4-19-22.)
 
19    (820 ILCS 405/2101.1)
20    Sec. 2101.1. Mandatory transfers.
21    (I) If and only if funds from the State treasury are not
22appropriated on or before January 31, 2023 that are dedicated
23to pay all outstanding advances made to the State's account in
24the Unemployment Trust Fund pursuant to Title XII of the
25federal Social Security Act, then this Part (I) is inoperative

 

 

10200SB1698ham002- 51 -LRB102 15409 HEP 41997 a

1retroactive to January 1, 2023.
2    A. Notwithstanding any other provision in Section 2101 to
3the contrary, no later than June 30, 2007, an amount equal to
4at least $1,400,136 but not to exceed $7,000,136 shall be
5transferred from the special administrative account to this
6State's account in the Unemployment Trust Fund. No later than
7June 30, 2008, and June 30 of each of the three immediately
8succeeding calendar years, there shall be transferred from the
9special administrative account to this State's account in the
10Unemployment Trust Fund an amount at least equal to the lesser
11of $1,400,000 or the unpaid principal. For purposes of this
12Section, the unpaid principal is the difference between
13$7,000,136 and the sum of amounts, excluding interest,
14previously transferred pursuant to this Section. In addition
15to the amounts otherwise specified in this Section, each
16transfer shall include a payment of any interest accrued
17pursuant to this Section through the end of the immediately
18preceding calendar quarter for which the federal Department of
19the Treasury has published the yield for state accounts in the
20Unemployment Trust Fund. Interest pursuant to this Section
21shall accrue daily beginning on January 1, 2007, and be
22calculated on the basis of the unpaid principal as of the
23beginning of the day. The rate at which the interest shall
24accrue for each calendar day within a calendar quarter shall
25equal the quotient obtained by dividing the yield for that
26quarter for state accounts in the Unemployment Trust Fund as

 

 

10200SB1698ham002- 52 -LRB102 15409 HEP 41997 a

1published by the federal Department of the Treasury by the
2total number of calendar days within that quarter. Interest
3accrued but not yet due at the time the unpaid principal is
4paid in full shall be transferred within 30 days after the
5federal Department of the Treasury has published the yield for
6state accounts in the Unemployment Trust Fund for all quarters
7for which interest has accrued pursuant to this Section but
8not yet been paid. A transfer required pursuant to this
9Section in a fiscal year of this State shall occur before any
10transfer made with respect to that same fiscal year from the
11special administrative account to the Title III Social
12Security and Employment Fund.
13    B. If and only if appropriation is made in calendar year
142023 to this State's account in the Unemployment Trust Fund,
15as a loan solely for purposes of paying unemployment insurance
16benefits under this Act and without the accrual of interest,
17from a fund of the State treasury, the Director shall take all
18necessary action to transfer 10% of the total amount of the
19appropriation from this State's account in the Unemployment
20Trust Fund to the State's Budget Stabilization Fund prior to
21July 1 of each year or as soon thereafter as practical.
22Transfers shall begin in calendar year 2024 and continue on an
23annual basis until the total amount of such transfers equals
24the total amount of the appropriation. In any calendar year in
25which the balance of this State's account in the Unemployment
26Trust Fund, less all outstanding advances to that account,

 

 

10200SB1698ham002- 53 -LRB102 15409 HEP 41997 a

1pursuant to Title XII of the federal Social Security Act, is
2below $1,200,000,000 as of June 1, any transfer provided for
3in this subsection shall not be made that calendar year.
4    (II) This Part (II) becomes operative if and only if funds
5from the State treasury are not appropriated on or before
6January 31, 2023 that are dedicated to pay all outstanding
7advances made to the State's account in the Unemployment Trust
8Fund pursuant to Title XII of the federal Social Security Act.
9If this Part (II) becomes operative, it is operative
10retroactive to January 1, 2023. Notwithstanding any other
11provision in Section 2101 to the contrary, no later than June
1230, 2007, an amount equal to at least $1,400,136 but not to
13exceed $7,000,136 shall be transferred from the special
14administrative account to this State's account in the
15Unemployment Trust Fund. No later than June 30, 2008, and June
1630 of each of the three immediately succeeding calendar years,
17there shall be transferred from the special administrative
18account to this State's account in the Unemployment Trust Fund
19an amount at least equal to the lesser of $1,400,000 or the
20unpaid principal. For purposes of this Section, the unpaid
21principal is the difference between $7,000,136 and the sum of
22amounts, excluding interest, previously transferred pursuant
23to this Section. In addition to the amounts otherwise
24specified in this Section, each transfer shall include a
25payment of any interest accrued pursuant to this Section
26through the end of the immediately preceding calendar quarter

 

 

10200SB1698ham002- 54 -LRB102 15409 HEP 41997 a

1for which the federal Department of the Treasury has published
2the yield for state accounts in the Unemployment Trust Fund.
3Interest pursuant to this Section shall accrue daily beginning
4on January 1, 2007, and be calculated on the basis of the
5unpaid principal as of the beginning of the day. The rate at
6which the interest shall accrue for each calendar day within a
7calendar quarter shall equal the quotient obtained by dividing
8the yield for that quarter for state accounts in the
9Unemployment Trust Fund as published by the federal Department
10of the Treasury by the total number of calendar days within
11that quarter. Interest accrued but not yet due at the time the
12unpaid principal is paid in full shall be transferred within
1330 days after the federal Department of the Treasury has
14published the yield for state accounts in the Unemployment
15Trust Fund for all quarters for which interest has accrued
16pursuant to this Section but not yet been paid. A transfer
17required pursuant to this Section in a fiscal year of this
18State shall occur before any transfer made with respect to
19that same fiscal year from the special administrative account
20to the Title III Social Security and Employment Fund.
21(Source: P.A. 94-1083, eff. 1-19-07.)
 
22    Section 99. Effective date. This Act takes effect January
231, 2023.".