State of Illinois
92nd General Assembly
Legislation

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92_HB4112

 
                                               LRB9214739WHcs

 1        AN ACT concerning unemployment insurance.

 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 Sections 1506.1 and 1506.3 as follows:

 6        (820 ILCS 405/1506.1) (from Ch. 48, par. 576.1)
 7        Sec.  1506.1.   Determination  of Employer's Contribution
 8    Rate.
 9        A.  The contribution rate for any calendar year prior  to
10    1982  of  each  employer  who  has incurred liability for the
11    payment of contributions within each of  the  three  calendar
12    years  immediately  preceding  the  calendar year for which a
13    rate is being determined shall be  determined  in  accordance
14    with  the  provisions of this Act as amended and in effect on
15    October 5, 1980.
16        B.  The contribution rate for  calendar  years  1982  and
17    1983  of  each  employer  who  has incurred liability for the
18    payment of contributions within each of  the  three  calendar
19    years  immediately  preceding  the  calendar year for which a
20    rate is being determined shall be  the  product  obtained  by
21    multiplying  the  employer's  benefit  wage  ratio  for  that
22    calendar year by the adjusted state experience factor for the
23    same year, provided that:
24             1.  No  employer's  contribution rate shall be lower
25        than two-tenths of 1 percent or higher than 5.3%; and
26             2.  Intermediate  contribution  rates  between  such
27        minimum and maximum rates shall  be  at  one-tenth  of  1
28        percent intervals.
29             3.  If  the  product  obtained  as  provided in this
30        subsection is not an exact multiple  of  one-tenth  of  1
31        percent,  it  shall  be increased or reduced, as the case
 
                            -2-                LRB9214739WHcs
 1        may be, to the nearer multiple of one-tenth of 1 percent.
 2        If such product is  equally  near  to  two  multiples  of
 3        one-tenth  of  1  percent,  it  shall be increased to the
 4        higher multiple of  one-tenth  of  1  percent.   If  such
 5        product  is less than two-tenths of one percent, it shall
 6        be increased to two-tenths of 1 percent, and  if  greater
 7        than 5.3%, it shall be reduced to 5.3%.
 8        The  contribution  rate  of  each employer for whom wages
 9    became benefit wages during the applicable  period  specified
10    in Section 1503, but who paid no contributions upon wages for
11    insured  work  during  such  period  on  or  before  the date
12    designated in Section 1503, shall be 5.3%.
13        The contribution rate of each employer for whom no  wages
14    became  benefit  wages during the applicable period specified
15    in Section 1503, and who paid no contributions upon wages for
16    insured work  during  such  period  on  or  before  the  date
17    specified in Section 1503, shall be 2.7 percent.
18        Notwithstanding  the other provisions of this Section, no
19    employer's contribution rate with respect to  calendar  years
20    1982  and  1983  shall  exceed  2.7  percent of the wages for
21    insured work paid by him during any calendar quarter, if such
22    wages paid during  such  calendar  quarter  total  less  than
23    $50,000.
24        C.  The  contribution  rate for calendar years 1984, 1985
25    and 1986 of each employer who has incurred liability for  the
26    payment  of  contributions  within  each  of the two calendar
27    years immediately preceding the calendar  year  for  which  a
28    rate  is  being  determined  shall be the product obtained by
29    multiplying  the  employer's  benefit  wage  ratio  for  that
30    calendar year by the adjusted state experience factor for the
31    same year, provided that:
32             1.  An employer's minimum contribution rate shall be
33        the  greater  of:  .2%;  or,  the  product  obtained   by
34        multiplying  .2%  by the adjusted state experience factor
 
                            -3-                LRB9214739WHcs
 1        for the applicable calendar year.
 2             2.  An employer's maximum contribution rate shall be
 3        the greater of 5.5%  or  the  product  of  5.5%  and  the
 4        adjusted  State  experience  factor  for  the  applicable
 5        calendar  year except that such maximum contribution rate
 6        shall not be higher than 6.3% for calendar year 1984, nor
 7        be higher than 6.6% or lower than 6.4% for calendar  year
 8        1985,  nor  be  higher  than  6.7% or lower than 6.5% for
 9        calendar year 1986.
10             3.  If any product obtained in  this  subsection  is
11        not  an  exact  multiple  of one-tenth of one percent, it
12        shall be increased or reduced, as the case may be to  the
13        nearer  multiple  of  one-tenth  of  one percent. If such
14        product is equally near to two multiples of one-tenth  of
15        one percent, it shall be increased to the higher multiple
16        of one-tenth of one percent.
17             4.  Intermediate  rates  between  such  minimum  and
18        maximum  rates  shall  be  at  one-tenth  of  one percent
19        intervals.
20        The contribution rate of each  employer  for  whom  wages
21    became  benefit  wages during the applicable period specified
22    in Section 1503, but who paid no contributions upon wages for
23    insured work  during  such  period  on  or  before  the  date
24    designated in Section 1503, shall be the maximum contribution
25    rate  as  determined  by  paragraph 2 of this subsection. The
26    contribution rate for each employer for whom no wages  became
27    benefit  wages  during the applicable period on or before the
28    date specified in Section 1503, and who paid no contributions
29    upon wages for insured work during such period on  or  before
30    the  date  specified in Section 1503, shall be the greater of
31    2.7% or 2.7% times the then current adjusted state experience
32    factor as determined by the Director in accordance  with  the
33    provisions of Sections 1504 and 1505.
34        Notwithstanding, the other provisions of this Section, no
 
                            -4-                LRB9214739WHcs
 1    employer's  contribution  rate  with  respect to the calendar
 2    year 1984 shall exceed 2.7 percent  times  the  then  current
 3    adjusted   state  experience  factor  as  determined  by  the
 4    Director in accordance with the provisions of  Sections  1504
 5    and 1505 of the wages for insured work paid by him during any
 6    calendar  quarter,  if  such  wages paid during such calendar
 7    quarter total less than $50,000.
 8        D.  The contribution rate for calendar years 1987,  1988,
 9    1989 and 1990 of each employer who has incurred liability for
10    the  payment  of  contributions  within  each  of  the  three
11    calendar  years  immediately  preceding the calendar year for
12    which a  rate  is  being  determined  shall  be  the  product
13    obtained by multiplying the employer's benefit wage ratio for
14    that  calendar  year  by the adjusted state experience factor
15    for the same year, provided, that:
16             1.  An employer's minimum contribution rate shall be
17        the greater of .2% or the product obtained by multiplying
18        .2% by the  adjusted  State  experience  factor  for  the
19        applicable calendar year.
20             2.  An employer's maximum contribution rate shall be
21        the  greater  of  5.5%  or  the  product  of 5.5% and the
22        adjusted State experience factor for  the  calendar  year
23        1987 except that such maximum contribution rate shall not
24        be  higher than 6.7% or lower than 6.5% and an employer's
25        maximum contribution rate for 1988, 1989 and  1990  shall
26        be  the  greater  of  6.4% or the product of 6.4% and the
27        adjusted  State  experience  factor  for  the  applicable
28        calendar year.
29             3.  If any product obtained in  this  subsection  is
30        not  an  exact  multiple  of one-tenth of one percent, it
31        shall be increased or reduced, as the case may be to  the
32        nearer  multiple  of  one-tenth  of  1  percent.  If such
33        product is equally near to two multiples of one-tenth  of
34        1  percent,  it shall be increased to the higher multiple
 
                            -5-                LRB9214739WHcs
 1        of one-tenth of 1 percent.
 2             4.  Intermediate  rates  between  such  minimum  and
 3        maximum  rates  shall  be  at  one-tenth  of  1   percent
 4        intervals.
 5        The  contribution  rate  of  each employer for whom wages
 6    became benefit wages during the applicable  period  specified
 7    in  Section  1503,  but  who did not report wages for insured
 8    work during such period, shall be  the  maximum  contribution
 9    rate  as  determined  by paragraph 2 of this subsection.  The
10    contribution rate for each employer for whom no wages  became
11    benefit  wages  during  the  applicable  period  specified in
12    Section 1503, and who did not report wages for  insured  work
13    during  such  period,  shall  be  the greater of 2.7% or 2.7%
14    times the then current adjusted State  experience  factor  as
15    determined  by the Director in accordance with the provisions
16    of Sections 1504 and 1505.
17        E.  The contribution rate for calendar year 1991 and each
18    calendar year thereafter of each employer  who  has  incurred
19    liability for the payment of contributions within each of the
20    three  calendar years immediately preceding the calendar year
21    for which a rate is being determined  shall  be  the  product
22    obtained  by multiplying the employer's benefit ratio defined
23    by Section 1503.1 for that  calendar  year  by  the  adjusted
24    state experience factor for the same year, provided that:
25             1.  Except  as otherwise provided in this paragraph,
26        an employer's minimum  contribution  rate  shall  be  the
27        greater  of  0.2%  or the product obtained by multiplying
28        0.2% by the adjusted  state  experience  factor  for  the
29        applicable   calendar   year.    An   employer's  minimum
30        contribution rate shall be 0.1% for calendar year 1996.
31             2.  An employer's maximum contribution rate shall be
32        the greater of 6.4%  or  the  product  of  6.4%  and  the
33        adjusted  state  experience  factor  for  the  applicable
34        calendar year.
 
                            -6-                LRB9214739WHcs
 1             3.  If  any  product  obtained in this subsection is
 2        not an exact multiple of one-tenth  of  one  percent,  it
 3        shall  be increased or reduced, as the case may be to the
 4        nearer multiple of one-tenth  of  one  percent.  If  such
 5        product  is equally near to two multiples of one-tenth of
 6        one percent, it shall be increased to the higher multiple
 7        of one-tenth of one percent.
 8             4.  Intermediate  rates  between  such  minimum  and
 9        maximum rates  shall  be  at  one-tenth  of  one  percent
10        intervals.
11        The  contribution  rate  of  each employer for whom wages
12    became benefit wages during the applicable  period  specified
13    in  Section  1503 or for whom benefit payments became benefit
14    charges during the applicable  period  specified  in  Section
15    1503.1,  but who did not report wages for insured work during
16    such period,  shall  be  the  maximum  contribution  rate  as
17    determined   by   paragraph   2   of  this  subsection.   The
18    contribution rate for each employer for whom no wages  became
19    benefit  wages  during  the  applicable  period  specified in
20    Section 1503 or for whom no benefit payments  became  benefit
21    charges  during  the  applicable  period specified in Section
22    1503.1, and who did not report wages for insured work  during
23    such  period,  shall be the greater of 2.7% or 2.7% times the
24    then current adjusted state experience factor  as  determined
25    by the Director in accordance with the provisions of Sections
26    1504 and 1505.
27        F.  Notwithstanding the other provisions of this Section,
28    and  pursuant  to  Section  271  of the Tax Equity and Fiscal
29    Responsibility  Act  of  1982,  as  amended,  no   employer's
30    contribution  rate with respect to calendar years 1985, 1986,
31    1987 and 1988 shall, for any calendar  quarter  during  which
32    the wages paid by that employer are less than $50,000, exceed
33    the following: with respect to calendar year 1985, 3.7%; with
34    respect to calendar year 1986, 4.1%; with respect to calendar
 
                            -7-                LRB9214739WHcs
 1    year  1987,  4.5%;  and  with  respect to calendar year 1988,
 2    5.0%.
 3        G.  Notwithstanding the other provisions of this Section,
 4    no employer's contribution  rate  with  respect  to  calendar
 5    years   year   1989  through  2002  and  each  calendar  year
 6    thereafter shall exceed 5.4% of the wages  for  insured  work
 7    paid  by  him during any calendar quarter, if such wages paid
 8    during such calendar quarter total less than $50,000.
 9        H.  Notwithstanding the other provisions of this Section,
10    no employer's contribution rate with respect to calendar year
11    2003 and each calendar year thereafter shall exceed  5.4%  of
12    the  wages  for  insured  work  paid by him or her during any
13    calendar quarter, if such wages  paid  during  such  calendar
14    quarter total less than $100,000.
15    (Source: P.A. 89-446, eff. 2-8-96.)

16        (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3)
17        Sec.   1506.3.    Fund   building   rates   -   Temporary
18    Administrative Funding.
19        A.  Notwithstanding  any other provision of this Act, the
20    following fund building rates shall  be  in  effect  for  the
21    following calendar years:
22        For each employer whose contribution rate for 1988, 1989,
23    1990,  the  first,  third, and fourth quarters of 1991, 1992,
24    1993, 1994, 1995, and 1997 and any calendar  year  thereafter
25    would,  in  the absence of this Section, be 0.2% or higher, a
26    contribution rate which is the sum of such rate and 0.4%;
27        For each employer whose contribution rate for the  second
28    quarter  of  1991  would,  in the absence of this Section, be
29    0.2% or higher, a contribution rate which is the sum of  such
30    rate and 0.3%;
31        For each employer whose contribution rate for 1996 would,
32    in  the  absence  of  this  Section,  be  0.1%  or  higher, a
33    contribution rate which is the sum of such rate and 0.4%;
 
                            -8-                LRB9214739WHcs
 1        Notwithstanding the preceding paragraphs of this  Section
 2    or any other provision of this Act, except for the provisions
 3    contained  in  Section 1500 pertaining to rates applicable to
 4    employers classified under the Standard Industrial  Code,  or
 5    another classification system sanctioned by the United States
 6    Department  of  Labor and prescribed by the Director by rule,
 7    no employer whose total wages for insured work  paid  by  him
 8    during  any  calendar  quarter  in  1988 through 2002 and any
 9    calendar year thereafter are  less  than  $50,000  shall  pay
10    contributions  at  a  rate with respect to such quarter which
11    exceeds the following: with respect to  calendar  year  1988,
12    5%;  with  respect  to 1989 and any calendar year thereafter,
13    5.4%.
14        Notwithstanding the preceding paragraph of this  Section,
15    or   any   other   provision   of  this  Act,  no  employer's
16    contribution rate with respect to calendar years 1993 through
17    1995 shall exceed 5.4% if the employer ceased  operations  at
18    an  Illinois  manufacturing  facility  in  1991  and remained
19    closed at that facility during all of 1992, and the  employer
20    in 1993 commits to invest at least $5,000,000 for the purpose
21    of  resuming  operations  at  that facility, and the employer
22    rehires during 1993 at least 250 of the individuals  employed
23    by  it  at  that facility during the one year period prior to
24    the cessation of its operations,  provided  that,  within  30
25    days after the effective date of this amendatory Act of 1993,
26    the  employer makes application to the Department to have the
27    provisions of this paragraph apply to  it.   The  immediately
28    preceding  sentence shall be null and void with respect to an
29    employer which by December 31, 1993  has  not  satisfied  the
30    rehiring  requirement specified by this paragraph or which by
31    December 31, 1994 has not made the  investment  specified  by
32    this paragraph.
33        Notwithstanding  the preceding paragraphs of this Section
34    or any other provision of this Act, except for the provisions
 
                            -9-                LRB9214739WHcs
 1    contained in Section 1500 pertaining to rates  applicable  to
 2    employers  classified  under the Standard Industrial Code, or
 3    another classification system sanctioned by the United States
 4    Department of Labor and prescribed by the Director  by  rule,
 5    no employer whose total wages for insured work paid by him or
 6    her during any calendar quarter in 2003 and any calendar year
 7    thereafter  are less than $100,000 shall pay contributions at
 8    a rate with respect to such quarter which exceeds 5.4%.
 9        B.  Notwithstanding any other provision of this Act,  for
10    the  second  quarter  of  1991, the contribution rate of each
11    employer as determined  in  accordance  with  Sections  1500,
12    1506.1,  and  subsection  A of this Section shall be equal to
13    the sum of such rate and 0.1%; provided that this  subsection
14    shall  not  apply  to  any employer whose rate computed under
15    Section 1506.1 for such quarter is  between  5.1%  and  5.3%,
16    inclusive,  and  who  qualifies  for  the  5.4%  rate ceiling
17    imposed by the third from the last paragraph of subsection  A
18    for  such  quarter.   All  payments  made  pursuant  to  this
19    subsection  shall  be  deposited  in  the Employment Security
20    Administrative Fund established under Section 2103.1 and used
21    for the administration of this Act.
22        C.  Payments  received  by   the   Director   which   are
23    insufficient to pay the total contributions due under the Act
24    shall  be first applied to satisfy the amount due pursuant to
25    subsection B.
26        D.  All  provisions  of  this  Act  applicable   to   the
27    collection  or  refund of any contribution due under this Act
28    shall be applicable to the collection or  refund  of  amounts
29    due pursuant to subsection B.
30    (Source: P.A. 91-342, eff. 1-1-00.)

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