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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_SB0858enr SB858 Enrolled LRB9201212RCcd 1 AN ACT in relation to 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 500 and 703 as follows: 6 (820 ILCS 405/500) (from Ch. 48, par. 420) 7 Sec. 500. Eligibility for benefits. An unemployed 8 individual shall be eligible to receive benefits with respect 9 to any week only if the Director finds that: 10 A. He has registered for work at and thereafter has 11 continued to report at an employment office in accordance 12 with such regulations as the Director may prescribe, except 13 that the Director may, by regulation, waive or alter either 14 or both of the requirements of this subsection as to 15 individuals attached to regular jobs, and as to such other 16 types of cases or situations with respect to which he finds 17 that compliance with such requirements would be oppressive or 18 inconsistent with the purposes of this Act, provided that no 19 such regulation shall conflict with Section 400 of this Act. 20 B. He has made a claim for benefits with respect to such 21 week in accordance with such regulations as the Director may 22 prescribe. 23 C. He is able to work, and is available for work; 24 provided that during the period in question he was actively 25 seeking work and he has certified such. Whenever requested 26 to do so by the Director, the individual shall, in the manner 27 the Director prescribes by regulation, inform the Department 28 of the places at which he has sought work during the period 29 in question. Nothing in this subsection shall limit the 30 Director's approval of alternate methods of demonstrating an 31 active search for work based on regular reporting to a trade SB858 Enrolled -2- LRB9201212RCcd 1 union office. 2 1. If an otherwise eligible individual is unable to 3 work or is unavailable for work on any normal workday of 4 the week, he shall be eligible to receive benefits with 5 respect to such week reduced by one-fifth of his weekly 6 benefit amount for each day of such inability to work or 7 unavailability for work. For the purposes of this 8 paragraph, an individual who reports on a day subsequent 9 to his designated report day shall be deemed unavailable 10 for work on his report day if his failure to report on 11 that day is without good cause, and on each intervening 12 day, if any, on which his failure to report is without 13 good cause. As used in the preceding sentence, "report 14 day" means the day which has been designated for the 15 individual to report to file his claim for benefits with 16 respect to any week. This paragraph shall not be 17 construed so as to effect any change in the status of 18 part-time workers as defined in Section 407. 19 2. An individual shall be considered to be 20 unavailable for work on days listed as whole holidays in 21 "An Act to revise the law in relation to promissory 22 notes, bonds, due bills and other instruments in 23 writing," approved March 18, 1874, as amended; on days 24 which are holidays in his religion or faith, and on days 25 which are holidays according to the custom of his trade 26 or occupation, if his failure to work on such day is a 27 result of the holiday. In determining the claimant's 28 eligibility for benefits and the amount to be paid him, 29 with respect to the week in which such holiday occurs, he 30 shall have attributed to him as additional earnings for 31 that week an amount equal to one-fifth of his weekly 32 benefit amount for each normal work day on which he does 33 not work because of a holiday of the type above 34 enumerated. SB858 Enrolled -3- LRB9201212RCcd 1 3. An individual shall be deemed unavailable for 2 work if, after his separation from his most recent 3 employing unit, he has removed himself to and remains in 4 a locality where opportunities for work are substantially 5 less favorable than those in the locality he has left. 6 4. An individual shall be deemed unavailable for 7 work with respect to any week which occurs in a period 8 when his principal occupation is that of a student in 9 attendance at, or on vacation from, a public or private 10 school. 11 5. Notwithstanding any other provisions of this 12 Act, an individual shall not be deemed unavailable for 13 work or to have failed actively to seek work, nor shall 14 he be ineligible for benefits by reason of the 15 application of the provisions of Section 603, with 16 respect to any week, because he is enrolled in and is in 17 regular attendance at a training course approved for him 18 by the Director: 19 (a) but only if, with respect to that week, 20 the individual presents, upon request, to the claims 21 adjudicator referred to in Section 702 a statement 22 executed by a responsible person connected with the 23 training course, certifying that the individual was 24 in full-time attendance at such course during the 25 week. The Director may approve such course for an 26 individual only if he finds that (1) reasonable work 27 opportunities for which the individual is fitted by 28 training and experience do not exist in his 29 locality; (2) the training course relates to an 30 occupation or skill for which there are, or are 31 expected to be in the immediate future, reasonable 32 work opportunities in his locality; (3) the training 33 course is offered by a competent and reliable 34 agency, educational institution, or employing unit; SB858 Enrolled -4- LRB9201212RCcd 1 (4) the individual has the required qualifications 2 and aptitudes to complete the course successfully; 3 and (5) the individual is not receiving and is not 4 eligible (other than because he has claimed benefits 5 under this Act) for subsistence payments or similar 6 assistance under any public or private retraining 7 program: Provided, that the Director shall not 8 disapprove such course solely by reason of clause 9 (5) if the subsistence payment or similar assistance 10 is subject to reduction by an amount equal to any 11 benefits payable to the individual under this Act in 12 the absence of the clause. In the event that an 13 individual's weekly unemployment compensation 14 benefit is less than his certified training 15 allowance, that person shall be eligible to receive 16 his entire unemployment compensation benefits, plus 17 such supplemental training allowances that would 18 make an applicant's total weekly benefit identical 19 to the original certified training allowance. 20 (b) The Director shall have the authority to 21 grant approval pursuant to subparagraph (a) above 22 prior to an individual's formal admission into a 23 training course. Requests for approval shall not be 24 made more than 30 days prior to the actual starting 25 date of such course. Requests shall be made at the 26 appropriate unemployment office.Notwithstanding any27other provision to the contrary, the Director shall28approve a course for an individual if the course is29provided to the individual under Title III of the30federal Job Training Partnership Act.31 (c) The Director shall for purposes of 32 paragraph C have the authority to issue a blanket 33 approval of training programs implemented pursuant 34 to the federal Workforce Investment Act of 1998 SB858 Enrolled -5- LRB9201212RCcd 1Comprehensive Employment and Training Act and the2Job Training Partnership Actif both the training 3 program and the criteria for an individual's 4 participation in such training meet the requirements 5 of this paragraph C. 6 (d) Notwithstanding the requirements of 7 subparagraph (a), the Director shall have the 8 authority to issue blanket approval of training 9 programs implemented under the terms of a collective 10 bargaining agreement. 11 6. Notwithstanding any other provisions of this 12 Act, an individual shall not be deemed unavailable for 13 work or to have failed actively to seek work, nor shall 14 he be ineligible for benefits, by reason of the 15 application of the provisions of Section 603 with respect 16 to any week because he is in training approved under 17 Section 236 (a)(1) of the federal Trade Act of 1974, nor 18 shall an individual be ineligible for benefits under the 19 provisions of Section 601 by reason of leaving work 20 voluntarily to enter such training if the work left is 21 not of a substantially equal or higher skill level than 22 the individual's past adversely affected employment as 23 defined under the federal Trade Act of 1974 and the wages 24 for such work are less than 80% of his average weekly 25 wage as determined under the federal Trade Act of 1974. 26 D. If his benefit year begins prior to July 6, 1975 or 27 subsequent to January 2, 1982, he has been unemployed for a 28 waiting period of 1 week during such benefit year. If his 29 benefit year begins on or after July 6, l975, but prior to 30 January 3, 1982, and his unemployment continues for more than 31 three weeks during such benefit year, he shall be eligible 32 for benefits with respect to each week of such unemployment, 33 including the first week thereof. An individual shall be 34 deemed to be unemployed within the meaning of this subsection SB858 Enrolled -6- LRB9201212RCcd 1 while receiving public assistance as remuneration for 2 services performed on work projects financed from funds made 3 available to governmental agencies for such purpose. No week 4 shall be counted as a week of unemployment for the purposes 5 of this subsection: 6 1. Unless it occurs within the benefit year which 7 includes the week with respect to which he claims payment 8 of benefits, provided that, for benefit years beginning 9 prior to January 3, 1982, this requirement shall not 10 interrupt the payment of benefits for consecutive weeks 11 of unemployment; and provided further that the week 12 immediately preceding a benefit year, if part of one 13 uninterrupted period of unemployment which continues into 14 such benefit year, shall be deemed (for the purpose of 15 this subsection only and with respect to benefit years 16 beginning prior to January 3, 1982, only) to be within 17 such benefit year, as well as within the preceding 18 benefit year, if the unemployed individual would, except 19 for the provisions of the first paragraph and paragraph 1 20 of this subsection and of Section 605, be eligible for 21 and entitled to benefits for such week. 22 2. If benefits have been paid with respect thereto. 23 3. Unless the individual was eligible for benefits 24 with respect thereto except for the requirements of this 25 subsection and of Section 605. 26 E. With respect to any benefit year beginning prior to 27 January 3, 1982, he has been paid during his base period 28 wages for insured work not less than the amount specified in 29 Section 500E of this Act as amended and in effect on October 30 5, 1980. With respect to any benefit year beginning on or 31 after January 3, 1982, he has been paid during his base 32 period wages for insured work equal to not less than $1,600, 33 provided that he has been paid wages for insured work equal 34 to at least $440 during that part of his base period which SB858 Enrolled -7- LRB9201212RCcd 1 does not include the calendar quarter in which the wages paid 2 to him were highest. 3 F. During that week he has participated in reemployment 4 services to which he has been referred, including but not 5 limited to job search assistance services, pursuant to a 6 profiling system established by the Director by rule in 7 conformity with Section 303(j)(1) of the federal Social 8 Security Act, unless the Director determines that: 9 1. the individual has completed such services; or 10 2. there is justifiable cause for the claimant's 11 failure to participate in such services. 12 This subsection F is added by this amendatory Act of 1995 13 to clarify authority already provided under subsections A and 14 C in connection with the unemployment insurance claimant 15 profiling system required under subsections (a)(10) and 16 (j)(1) of Section 303 of the federal Social Security Act as a 17 condition of federal funding for the administration of the 18 Unemployment Insurance Act. 19 (Source: P.A. 89-21, eff. 6-6-95; 90-554, eff. 12-12-97.) 20 (820 ILCS 405/703) (from Ch. 48, par. 453) 21 Sec. 703. Reconsideration of findings or determinations. 22 The claims adjudicator may reconsider his finding at any 23 time within thirteen weeks after the close of the benefit 24 year. He may reconsider his determination at any time within 25 one year after the last day of the week for which the 26 determination was made, except that if the issue is whether 27 or not, by reason of a back pay award made by any 28 governmental agency or pursuant to arbitration proceedings, 29 or by reason of a payment of wages wrongfully withheld by an 30 employing unit, an individual has received wages for a week 31 with respect to which he or she has received benefits or if 32 the issue is whether or not the claimant misstated his 33 earnings for the week, such reconsidered determination may be SB858 Enrolled -8- LRB9201212RCcd 1 made at any time within 3twoyears after the last day of the 2 week. No finding or determination shall be reconsidered at 3 any time after appeal therefrom has been taken pursuant to 4 the provisions of Section 800, except where a case has been 5 remanded to the claims adjudicator by a Referee, the Director 6 or the Board of Review, and except, further, that if an issue 7 as to whether or not the claimant misstated his earnings is 8 newly discovered, the determination may be reconsidered after 9 and notwithstanding the fact that the decision upon the 10 appeal has become final. Notice of such reconsidered 11 determination or reconsidered finding shall be promptly given 12 to the parties entitled to notice of the original 13 determination or finding, as the case may be, in the same 14 manner as is prescribed therefor, and such reconsidered 15 determination or reconsidered finding shall be subject to 16 appeal in the same manner and shall be given the same effect 17 as is provided for an original determination or finding. 18 (Source: P.A. 77-1443.)