Full Text of SB2521 102nd General Assembly
SB2521 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2521 Introduced 2/26/2021, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: |
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820 ILCS 405/1501 | from Ch. 48, par. 571 |
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Amends the Unemployment Insurance Act. Provides that when an individual is determined to be eligible for benefits, the Department of Employment Security shall provide an explanation of the source of income upon which the benefits are based and whether additional benefits are being provided under the Coronavirus Aid, Relief, and Economic Security Act and the Further Consolidated Appropriations Act, 2020. Requires disclosure of the benefit amount, the benefit amount for which the claimant is eligible, and the date the benefit was paid. Provides that if benefits are reduced, an explanation of the reduction must be given.
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unemployment Insurance Act is amended by | 5 | | changing Section 1501 as follows:
| 6 | | (820 ILCS 405/1501) (from Ch. 48, par. 571)
| 7 | | Sec. 1501. Benefit wages. A. When an individual is paid | 8 | | regular
benefits (defined in Section 409) under this Act, with | 9 | | respect to any
benefit year which begins prior to November 4, | 10 | | 1979, which, when added
to such regular benefits previously | 11 | | paid him for the same benefit year,
equal or exceed three times | 12 | | his weekly benefit amount for the benefit
year, his wages | 13 | | during his base period shall immediately become benefit wages.
| 14 | | B. When an individual is paid regular benefits with | 15 | | respect to a
week in any benefit year which begins on or after | 16 | | November 4, 1979, an
amount equal to 1/26 of the wages for | 17 | | insured work, but not in excess of
1/26 of $6,000, paid to him | 18 | | by each employer during his base period
shall immediately | 19 | | become benefit wages provided, however, that no payment
of | 20 | | regular benefits made on or after July 1, 1989, shall become | 21 | | benefit
wages. Such amount, if not a multiple
of $1, shall be | 22 | | rounded to the next higher dollar.
| 23 | | C. When an individual is first paid extended benefits with |
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| 1 | | respect
to his eligibility period (defined in Section 409), | 2 | | one-half of the
wages for insured work paid to him by each | 3 | | employer during his base
period applicable to the benefit year | 4 | | in which his eligibility period
began shall immediately become | 5 | | benefit wages, whether or not they had
previously become | 6 | | benefit wages. This subsection shall apply only to
eligibility | 7 | | periods beginning in benefit years which commence prior to
| 8 | | November 4, 1979.
| 9 | | D. When an individual is paid extended benefits with | 10 | | respect to any
week in an eligibility period beginning in a | 11 | | benefit year commencing on
or after November 4, 1979, an | 12 | | amount equal to 1/13 of one-half
of the wages for insured work, | 13 | | but not in excess of 1/13 of $3,000, paid to
him by each | 14 | | employer during his base period
applicable to the benefit year | 15 | | in which the eligibility period began,
shall immediately | 16 | | become benefit wages, whether or not any part of such
wages had | 17 | | previously become benefit wages provided, however, that no
| 18 | | payment of extended benefits made on or after July 1, 1989, | 19 | | shall become
benefit wages. Such amount, if not a
multiple of | 20 | | $1, shall be rounded to the next higher dollar.
| 21 | | E. Notwithstanding the foregoing subsections, an | 22 | | individual's wages
shall not become benefit wages if he | 23 | | cannot, on the basis of such wages,
meet the qualifying | 24 | | requirements of Section 500E, or if, by reason of
the | 25 | | application of Section 602B, no benefit rights can accrue to | 26 | | him on
the basis of such wages, but he is paid benefits because |
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| 1 | | the wages have
been combined in accordance with the provisions | 2 | | of Section 2700 and
provided further that an individual's | 3 | | wages shall not become benefit wages
if, by reason of the | 4 | | application of the third paragraph of Section 237, he
is paid | 5 | | benefits based upon wages other than those paid in a base | 6 | | period as
defined in the second paragraph of Section 237.
| 7 | | F. Notwithstanding the foregoing subsection, wages paid by | 8 | | a base period
employer, subject to payment of contributions, | 9 | | to an individual who voluntarily
leaves that employer shall | 10 | | not become benefit wages with respect to that
employer but | 11 | | shall instead become the benefit wages of the individual's
| 12 | | next subsequent employer if:
| 13 | | 1. The individual had subsequent employment and earned 6 | 14 | | times
his weekly benefit amount or more, prior to the | 15 | | beginning of his benefit year; or
| 16 | | 2. For a benefit year beginning after December 31, 1986, | 17 | | the individual
was determined to be ineligible for benefits | 18 | | pursuant to Section 601 from
the last employing unit which was | 19 | | also a base period employer but
thereafter earned 6 times his | 20 | | weekly benefit amount or more from his next
subsequent | 21 | | employer during his benefit year, provided that the | 22 | | disqualifying
separation occurred prior to the first payment | 23 | | of benefits in the
individual's benefit year.
| 24 | | Wages paid to an individual during his base period by an | 25 | | employer for less
than full time work, performed during the | 26 | | same weeks in the base period
during which the individual had |
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| 1 | | other insured work, shall not become
benefit wages (upon such | 2 | | employer's request pursuant
to the regulation of the Director) | 3 | | so long as the employer continued after
the end of the base | 4 | | period, and continues during the applicable benefit
year, to | 5 | | furnish such less than full time work to the individual on the
| 6 | | same basis and in substantially the same amount during the | 7 | | base period.
If the individual is paid benefits with respect | 8 | | to a week (in the applicable
benefit year) after the employer | 9 | | has ceased to furnish the work hereinabove
described, the | 10 | | wages paid by the employer to the individual during his base
| 11 | | period shall become benefit wages as provided in this Section.
| 12 | | G. For the purposes of this Section and of Section 1504, | 13 | | benefits shall
be deemed to have been paid on the date such | 14 | | payment has been mailed to
the individual by the Director.
| 15 | | H. If any benefit wages are increased by reason of the | 16 | | reconsideration
by a claims adjudicator of his finding, the | 17 | | amount of such increase
shall be treated as if it became | 18 | | benefit wages on the day on which the claims
adjudicator made | 19 | | the reconsidered finding.
| 20 | | I. Notwithstanding any other provisions of this Section, | 21 | | no wages
paid by a base period employer shall become benefit | 22 | | wages after September
30, 1989, and no wages paid by a base | 23 | | period employer, subject to the
payment of contributions, | 24 | | shall become the benefit wages of the
individual's next | 25 | | subsequent employer under the provisions of subsection F
above | 26 | | after September 30, 1989. |
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| 1 | | J. When an individual is determined to be eligible for | 2 | | regular benefits, as defined in Section 409, under this Act or | 3 | | for federal unemployment benefits as provided under the | 4 | | Coronavirus Aid, Relief, and Economic Security Act (the CARES | 5 | | Act), Public Law 116-136, and the Further Consolidated | 6 | | Appropriations Act, 2020, Public Law 116-94, the Department | 7 | | must list on a determination letter the employers or source of | 8 | | income on which the determination of weekly benefit amount is | 9 | | based. The Department shall also disclose in the determination | 10 | | letter any additional unemployment benefits provided under the | 11 | | CARES Act or the Further Consolidated Appropriations Act, 2020 | 12 | | to which the individual is entitled. | 13 | | Upon sending a determination letter, either through mail | 14 | | or electronic communications, the Department shall provide | 15 | | line item updates in an individual's unemployment account that | 16 | | include: | 17 | | (1) month, day, and year for weekly benefit amount | 18 | | evaluated; | 19 | | (2) weekly benefit amount for which the claimant is | 20 | | eligible; and | 21 | | (3) month, day, and year the weekly benefit amount was | 22 | | paid. | 23 | | If payments are not made for weeks that an individual is | 24 | | eligible and a larger amount is paid at a later date, the | 25 | | Department must disclose the weeks to which the payment is | 26 | | applied. If a weekly benefit amount is reduced, the Department |
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| 1 | | must disclose the reason for that determination.
| 2 | | (Source: P.A. 85-956.)
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