Full Text of HB5813 102nd General Assembly
HB5813 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5813 Introduced 11/16/2022, by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED: |
| 820 ILCS 405/1502.4 | | 820 ILCS 405/1503.2 new | |
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Amends the Unemployment Insurance Act. Extends payment contribution relief for specified employers from December 31, 2020 to June 30, 2021 with respect to any benefits paid for a week of unemployment that was directly or indirectly attributable to COVID-19. Provides for the calculation of benefit ratios for calendar years 2023 and 2024. Effective January 1, 2023.
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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 1502.4 and by adding Section 1503.2 as | 6 | | follows: | 7 | | (820 ILCS 405/1502.4) | 8 | | Sec. 1502.4. Benefit charges; COVID-19. | 9 | | A. With respect to any benefits paid for a week of | 10 | | unemployment that begins on or after March 15, 2020, and | 11 | | before June 30, 2021 December 31, 2020 , and is directly or | 12 | | indirectly attributable to COVID-19, notwithstanding any other | 13 | | provisions to the contrary an employer that is subject to the | 14 | | payment of contributions shall not be chargeable for any | 15 | | benefit charges. | 16 | | B. With respect to any regular benefits paid for a week of | 17 | | unemployment that begins on or after March 15, 2020, and | 18 | | before June 30, 2021 December 31, 2020 , and is directly or | 19 | | indirectly attributable to COVID-19, notwithstanding any other | 20 | | provisions to the contrary except subsection E, a nonprofit | 21 | | organization that is subject to making payments in lieu of | 22 | | contributions shall be chargeable for 50% of the benefits | 23 | | paid. |
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| 1 | | C. With respect to any benefits paid for a week of | 2 | | unemployment that begins on or after March 15, 2020, and | 3 | | before June 30, 2021 December 31, 2020 , and is directly or | 4 | | indirectly attributable to COVID-19, notwithstanding any other | 5 | | provisions to the contrary except subsection E, the State and | 6 | | any local government that is subject to making payments in | 7 | | lieu of contributions shall be chargeable for 50% of the | 8 | | benefits paid, irrespective of whether the State or local | 9 | | government paid the individual who received the benefits wages | 10 | | for insured work during the individual's base period. | 11 | | D. Subsections A, B, and C shall only apply to the extent | 12 | | that the employer can show that the individual's unemployment | 13 | | for the week was directly or indirectly attributable to | 14 | | COVID-19. | 15 | | E. No employer shall be chargeable for the week of | 16 | | benefits paid to an individual under the provisions of | 17 | | subsection D-5 of Section 500.
| 18 | | (Source: P.A. 101-633, eff. 6-5-20; 102-671, eff. 11-30-21.) | 19 | | (820 ILCS 405/1503.2 new) | 20 | | Sec. 1503.2. Benefit ratio for calendar years 2023 and | 21 | | 2024. | 22 | | A. For calendar year 2023: | 23 | | 1. For each employer who has incurred liability for | 24 | | the payment of contributions within each of the 3 calendar | 25 | | years immediately preceding calendar year 2023, the |
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| 1 | | benefit ratio shall be a percentage equal to the total of | 2 | | his or her benefit charges for the 12 consecutive calendar | 3 | | month period ending on June 30, 2022, multiplied by the | 4 | | benefit conversion factor, divided by his total wages for | 5 | | insured work subject to the payment of contributions under | 6 | | Sections 234, 235, and 245 of this Act for the same 12 | 7 | | month period, provided, however, that such wages shall not | 8 | | include either those wages estimated by the Director prior | 9 | | to the issuance of a Determination and Assessment or those | 10 | | wages estimated as a result of an audit because of an | 11 | | employer's failure to report wages. | 12 | | 2. For each employer who has incurred liability for | 13 | | the payment of contributions within each of the 4 calendar | 14 | | years immediately preceding calendar year 2023, the | 15 | | benefit ratio shall be a percentage equal to the total of | 16 | | his or her benefit charges for the 24 consecutive calendar | 17 | | month period ending on June 30, 2022, multiplied by the | 18 | | benefit conversion factor, divided by 200% of his or her | 19 | | total wages for insured work subject to the payment of | 20 | | contributions under Sections 234, 235, and 245 of this Act | 21 | | for the 12 consecutive calendar month period ending on | 22 | | June 30, 2022, provided, however, that such wages shall | 23 | | not include either those wages estimated by the Director | 24 | | prior to the issuance of a Determination and Assessment or | 25 | | those wages estimated as a result of an audit because of an | 26 | | employer's failure to report wages. |
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| 1 | | 3. For each employer who has incurred liability for | 2 | | the payment of contributions within each of the 5 calendar | 3 | | years immediately preceding calendar year 2023, the | 4 | | benefit ratio shall be a percentage equal to the total of | 5 | | his or her benefit charges for the 36 consecutive calendar | 6 | | month period ending on June 30, 2022, multiplied by the | 7 | | benefit conversion factor, divided by the sum of 200% of | 8 | | his or her total wages for insured work subject to the | 9 | | payment of contributions under Sections 234, 235, and 245 | 10 | | of this Act for the 12 consecutive calendar month period | 11 | | ending on June 30, 2022 and his or her total wages for | 12 | | insured work subject to the payment of contributions under | 13 | | Sections 234, 235, and 245 of this Act for the 12 | 14 | | consecutive calendar month period ending on June 30, 2020, | 15 | | provided, however, that such wages shall not include | 16 | | either those wages estimated by the Director prior to the | 17 | | issuance of a Determination and Assessment or those wages | 18 | | estimated as a result of an audit because of an employer's | 19 | | failure to report wages. | 20 | | B. For calendar year 2024: | 21 | | 1. For each employer who has incurred liability for | 22 | | the payment of contributions within each of the 3 calendar | 23 | | years immediately preceding calendar year 2024, the | 24 | | benefit ratio shall be a percentage equal to the total of | 25 | | his or her benefit charges for the 12 consecutive calendar | 26 | | month period ending on June 30, 2023, multiplied by the |
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| 1 | | benefit conversion factor, divided by his total wages for | 2 | | insured work subject to the payment of contributions under | 3 | | Sections 234, 235, and 245 of this Act for the same 12 | 4 | | month period, provided, however, that such wages shall not | 5 | | include either those wages estimated by the Director prior | 6 | | to the issuance of a Determination and Assessment or those | 7 | | wages estimated as a result of an audit because of an | 8 | | employer's failure to report wages. | 9 | | 2. For each employer who has incurred liability for | 10 | | the payment of contributions within each of the 4 calendar | 11 | | years immediately preceding calendar year 2024, the | 12 | | benefit ratio shall be a percentage equal to the total of | 13 | | his or her benefit charges for the 24 consecutive calendar | 14 | | month period ending on June 30, 2023, multiplied by the | 15 | | benefit conversion factor, divided by his or her total | 16 | | wages for insured work subject to the payment of | 17 | | contributions under Sections 234, 235, and 245 of this Act | 18 | | for the same 24 month period, provided, however, that such | 19 | | wages shall not include either those wages estimated by | 20 | | the Director prior to the issuance of a Determination and | 21 | | Assessment or those wages estimated as a result of an | 22 | | audit because of an employer's failure to report wages. | 23 | | 3. For each employer who has incurred liability for | 24 | | the payment of contributions within each of the 5 calendar | 25 | | years immediately preceding calendar year 2024, the | 26 | | benefit ratio shall be a percentage equal to the total of |
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| 1 | | his or her benefit charges for the 36 consecutive calendar | 2 | | month period ending on June 30, 2023, multiplied by the | 3 | | benefit conversion factor, divided by the sum of his or | 4 | | her total wages for insured work subject to the payment of | 5 | | contributions under Sections 234, 235, and 245 of this Act | 6 | | for the 12 consecutive calendar month period ending on | 7 | | June 30, 2023 and 200% of his or her total wages for | 8 | | insured work subject to the payment of contributions under | 9 | | Sections 234, 235, and 245 of this Act for the 12 | 10 | | consecutive calendar month period ending on June 30, 2022 | 11 | | and, provided, however, that such wages shall not include | 12 | | either those wages estimated by the Director prior to the | 13 | | issuance of a Determination and Assessment or those wages | 14 | | estimated as a result of an audit because of an employer's | 15 | | failure to report wages.
| 16 | | Section 99. Effective date. This Act takes effect January | 17 | | 1, 2023.
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