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Public Act 096-0030 |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois
Unemployment Insurance
Trust Fund | ||||
Financing Act is amended by changing Section 4 as follows: | ||||
(30 ILCS 440/4)
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Sec. 4. Authority to Issue Revenue Bonds.
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A. The Department shall have the continuing power to borrow | ||||
money for
the purpose
of carrying out the following:
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1. To reduce or avoid the need to borrow or obtain a | ||||
federal advance
under
Section 1201, et seq., of the Social | ||||
Security Act (42 U.S.C. Section 1321), as
amended, or
any | ||||
similar federal law; or
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2. To refinance a previous advance received by the | ||||
Department
with
respect to the payment of Benefits; or
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3. To refinance, purchase, redeem, refund, advance | ||||
refund or defease
(including, any
combination of the | ||||
foregoing) any outstanding Bonds issued pursuant to this
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Act; or
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4. To fund a surplus in Illinois' account in the | ||||
Unemployment Trust Fund
of the
United States Treasury.
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Paragraphs 1, 2 and 4 are inoperative on and after January | ||||
1, 2013 2010 .
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B. As evidence of the obligation of the Department to repay | ||
money
borrowed for the
purposes set forth in Section 4A above, | ||
the Department may issue and dispose of
its interest
bearing | ||
revenue Bonds and may also, from time-to-time, issue and | ||
dispose of its
interest bearing
revenue Bonds to purchase, | ||
redeem, refund, advance refund or defease
(including,
any
| ||
combination of the foregoing) any Bonds at maturity or pursuant | ||
to redemption
provisions or at
any time before maturity. The | ||
Director, in consultation with the Department's
Employment
| ||
Security Advisory Board, shall have the power to direct that | ||
the Bonds be
issued. Bonds may be
issued in one or more series | ||
and under terms and conditions as needed in
furtherance of the
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purposes of this Act. The Illinois Finance Authority shall | ||
provide any
technical, legal, or
administrative services if and | ||
when requested by the Director and the
Employment
Security
| ||
Advisory Board with regard to the issuance of Bonds. Such
Bonds | ||
shall be
issued in the name of the State of Illinois for the | ||
benefit of the Department
and shall be executed
by the | ||
Director. In case any Director whose signature appears on any | ||
Bond
ceases (after
attaching his or her signature) to hold that | ||
office, her or his signature shall
nevertheless be valid
and | ||
effective for all purposes.
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C. No Bonds shall be issued without the Director's written
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certification that, based
upon a reasonable financial | ||
analysis, the issuance of Bonds is reasonably
expected to:
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(i) Result in a savings to the State as compared to |
the cost of
borrowing or
obtaining an advance under | ||
Section 1201, et seq., Social Security Act (42
U.S.C.
| ||
Section
1321), as amended, or any similar federal law;
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(ii) Result in terms which are advantageous to the | ||
State through
refunding,
advance refunding or other | ||
similar restructuring of outstanding Bonds; or
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(iii) Allow the State to avoid an anticipated | ||
deficiency in the State's
account
in the
Unemployment | ||
Trust Fund of the United States Treasury by funding a | ||
surplus in
the
State's account
in the Unemployment | ||
Trust Fund of the United States Treasury.
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D. All such Bonds shall be payable from Fund Building | ||
Receipts. Bonds
may also
be paid from (i) to the extent | ||
allowable by law, from monies in the State's
account
in the
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Unemployment Trust Fund of the United States Treasury; and (ii) | ||
to the extent
allowable by law, a
federal advance under Section | ||
1201, et seq., of the Social Security Act (42
U.S.C. Section | ||
1321);
and (iii) proceeds of Bonds and receipts from related | ||
credit and exchange
agreements to the extent allowed by this | ||
Act and applicable
legal requirements.
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E. The maximum principal amount of the Bonds, when combined | ||
with the
outstanding principal of all other Bonds issued | ||
pursuant to this Act, shall not
at any time exceed
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$1,400,000,000, excluding all of the outstanding principal of | ||
any other Bonds
issued pursuant to
this Act
for which payment
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has been irrevocably provided by refunding or other manner of |
defeasance. It is
the intent of this
Act that the outstanding | ||
Bond authorization limits provided for in this Section
4E shall | ||
be
revolving in nature, such that the amount of Bonds | ||
outstanding that are not
refunded or otherwise
defeased shall | ||
be included in determining the maximum amount of Bonds
| ||
authorized
to be issued
pursuant to the Act.
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F. Such Bonds and refunding Bonds issued pursuant to this | ||
Act may bear
such date
or dates, may mature at such time or | ||
times not exceeding 10 years from their
respective dates of
| ||
issuance, and may bear interest at such rate or rates not | ||
exceeding the maximum
rate authorized
by the Bond Authorization | ||
Act, as amended and in effect at the time of the
issuance of | ||
the
Bonds.
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G. The Department may enter into a Credit Agreement | ||
pertaining to the
issuance of
the Bonds, upon terms which are | ||
not inconsistent with this Act and any other
laws, provided | ||
that
the term of such Credit Agreement shall not exceed the | ||
term of the Bonds, plus
any time period
necessary to cure any | ||
defaults under such Credit Agreement.
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H. Interest earnings paid to holders of the Bonds shall not | ||
be exempt
from income
taxes imposed by the State.
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I. While any Bond Obligations are outstanding or | ||
anticipated to come
due as a result
of Bonds expected to be | ||
issued in either or both of the 2 immediately
succeeding | ||
calendar quarters, the
Department shall
collect and deposit | ||
Fund Building Receipts into the Master Bond Fund in an
amount |
necessary to
satisfy the Required Fund Building Receipts Amount | ||
prior to expending Fund
Building Receipts
for any other | ||
purpose. The Required Fund Building Receipts Amount shall be | ||
that
amount
necessary to ensure the marketability of the Bonds, | ||
which shall be specified in
the Bond Sale
Order executed by the | ||
Director in connection with the issuance of the Bonds.
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J. Holders of the Bonds shall have a first and priority | ||
claim on all
Fund Building
Receipts in the Master Bond Fund in | ||
parity with all other holders of the Bonds,
provided that
such | ||
claim may be subordinated to the provider of any Credit | ||
Agreement for any
of the Bonds.
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K. To the extent that Fund Building Receipts in
the Master
| ||
Bond Fund are not otherwise needed to satisfy the requirements | ||
of this Act and
the instruments
authorizing the issuance of the | ||
Bonds, such monies shall be used by the
Department, in such
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amounts as determined by the Director to do any one or a | ||
combination of the following:
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1. To purchase, refinance, redeem, refund, advance | ||
refund or defease (or
any
combination of the foregoing) | ||
outstanding Bonds, to the extent such action is
legally
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available and does not impair the tax exempt status of any | ||
of the Bonds which
are, in fact,
exempt from Federal income | ||
taxation; or
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2. As a deposit in the State's account in the | ||
Unemployment Trust Fund
of the
United States Treasury; or | ||
3. As a deposit into the Special Programs Fund provided |
for under Section 2107 of the Unemployment Insurance Act.
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L. The Director shall determine the method of sale, type of | ||
bond, bond
form,
redemption provisions and other terms of the | ||
Bonds that, in the Director's
judgment, best achieve
the | ||
purposes of this Act and effect the borrowing at the lowest | ||
practicable
cost, provided that
those determinations are not | ||
inconsistent with this Act or other applicable
legal | ||
requirements.
Those determinations shall be set forth in a | ||
document entitled "Bond Sale
Order"
acceptable, in
form and | ||
substance, to the attorney or attorneys acting as bond counsel | ||
for the
Bonds in
connection with the rendering of opinions | ||
necessary for the issuance of the
Bonds and executed
by the | ||
Director.
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(Source: P.A. 93-634, eff. 1-1-04; 94-1083, eff. 1-19-07.)
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Section 10. The Unemployment Insurance Act is amended by | ||
changing Sections 401, 409, and 601 as follows: | ||
(820 ILCS 405/401) (from Ch. 48, par. 401) | ||
Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
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A. With respect to any week beginning prior to April 24, | ||
1983, an
individual's weekly benefit amount shall be an amount | ||
equal to the weekly
benefit amount as defined in this Act as in | ||
effect on November 30, 1982.
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B. 1. With respect to any week beginning on or after April | ||
24, 1983 and
before January 3, 1988, an individual's weekly |
benefit amount shall be 48%
of his prior average weekly wage, | ||
rounded (if not already a multiple of
one dollar) to the next | ||
higher dollar; provided, however, that the weekly
benefit | ||
amount cannot exceed the maximum weekly benefit amount, and | ||
cannot
be less than 15% of the statewide average weekly wage, | ||
rounded (if not already
a multiple of one dollar) to the next | ||
higher dollar. However, the weekly
benefit amount for an | ||
individual who has established a benefit year
beginning before | ||
April 24, 1983, shall be determined, for weeks beginning
on or | ||
after April 24, 1983 claimed with respect to that benefit year, | ||
as
provided under this Act as in effect on November 30, 1982.
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With respect to any week beginning on or after January 3, 1988 | ||
and before
January 1, 1993,
an individual's weekly benefit | ||
amount shall be 49% of
his prior average weekly wage, rounded | ||
(if not already a multiple of one
dollar) to the next higher | ||
dollar; provided, however, that the weekly
benefit amount | ||
cannot exceed the maximum weekly benefit amount, and cannot
be | ||
less than $51.
With respect to any week beginning on or after | ||
January
3, 1993 and during a benefit year beginning before | ||
January 4, 2004, an
individual's weekly benefit amount shall be | ||
49.5% of his prior
average weekly wage, rounded (if not already | ||
a multiple of one dollar) to
the next higher dollar; provided, | ||
however, that the weekly benefit amount
cannot exceed the | ||
maximum weekly benefit amount and cannot be less than $51.
With | ||
respect to any benefit year beginning on or after January 4, | ||
2004 and
before January 6, 2008, an individual's weekly benefit |
amount shall be 48% of
his or her prior average weekly wage, | ||
rounded (if not already a multiple of one
dollar) to the next | ||
higher dollar; provided, however, that the weekly benefit
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amount cannot exceed the maximum weekly benefit amount and | ||
cannot be less than
$51. With respect to any benefit year | ||
beginning on or after January 6, 2008, an
individual's weekly | ||
benefit amount shall be 47% of his or her prior average
weekly | ||
wage, rounded (if not already a multiple of one dollar) to the | ||
next
higher dollar; provided, however, that the weekly benefit | ||
amount cannot exceed
the maximum weekly benefit amount and | ||
cannot be less than $51.
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2. For the purposes of this subsection:
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With respect to any week beginning on or after April 24, | ||
1983, an
individual's "prior average weekly wage" means the | ||
total wages for insured
work paid to that individual during the | ||
2 calendar quarters of his base
period in which such total | ||
wages were highest, divided by 26. If
the quotient is not | ||
already a multiple of one dollar, it shall be
rounded to the | ||
nearest dollar; however if the quotient is equally near
2 | ||
multiples of one dollar, it shall be rounded to the higher | ||
multiple of
one dollar.
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"Determination date" means June 1, 1982, December 1, 1982 | ||
and December
1 of each succeeding calendar year thereafter. | ||
However, if as of June 30,
1982, or any June 30 thereafter, the | ||
net amount standing to the credit of
this State's account in | ||
the unemployment trust fund (less all outstanding
advances to |
that account, including advances pursuant to Title XII of the
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federal Social Security Act) is greater than $100,000,000,
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"determination date" shall mean December 1 of that year and | ||
June 1 of the
succeeding year. Notwithstanding the preceding | ||
sentence, for the purposes
of this Act only, there shall be no | ||
June 1 determination date in any
year after 1986.
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"Determination period" means, with respect to each June 1 | ||
determination
date, the 12 consecutive calendar months ending | ||
on the immediately preceding
December 31 and, with respect to | ||
each December 1 determination date, the
12 consecutive calendar | ||
months ending on the immediately preceding June 30.
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"Benefit period" means the 12 consecutive calendar month | ||
period
beginning on the first day of the first calendar month | ||
immediately following
a determination date, except that, with | ||
respect to any calendar year
in which there is a June 1 | ||
determination date, "benefit period" shall mean
the 6 | ||
consecutive calendar month period beginning on the first day of | ||
the first
calendar month immediately following the preceding | ||
December 1 determination
date and the 6 consecutive calendar | ||
month period beginning on the first
day of the first calendar | ||
month immediately following the June 1 determination
date. | ||
Notwithstanding the foregoing sentence, the 6 calendar months | ||
beginning
January 1, 1982 and ending June 30, 1982 shall be | ||
deemed a benefit period
with respect to which the determination | ||
date shall be June 1, 1981.
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"Gross wages" means all the wages paid to individuals |
during the
determination period immediately preceding a | ||
determination date for
insured work, and reported to the | ||
Director by employers prior to the
first day of the third | ||
calendar month preceding that date.
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"Covered employment" for any calendar month means the total | ||
number of
individuals, as determined by the Director, engaged | ||
in insured work at
mid-month.
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"Average monthly covered employment" means one-twelfth of | ||
the sum of
the covered employment for the 12 months of a | ||
determination period.
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"Statewide average annual wage" means the quotient, | ||
obtained by
dividing gross wages by average monthly covered | ||
employment for the same
determination period, rounded (if not | ||
already a multiple of one cent) to
the nearest cent.
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"Statewide average weekly wage" means the quotient, | ||
obtained by
dividing the statewide average annual wage by 52, | ||
rounded (if not
already a multiple of one cent) to the nearest | ||
cent. Notwithstanding any
provisions of this Section to the | ||
contrary, the statewide average weekly
wage for the benefit | ||
period beginning July 1, 1982 and ending December 31,
1982 | ||
shall be the statewide average weekly wage in effect for the | ||
immediately
preceding benefit period plus one-half of the | ||
result obtained by
subtracting the statewide average weekly | ||
wage for the immediately preceding
benefit period from the | ||
statewide average weekly wage for the benefit
period beginning | ||
July 1, 1982 and ending December 31, 1982 as such statewide
|
average weekly wage would have been determined but for the | ||
provisions of
this paragraph. Notwithstanding any provisions | ||
of this Section to the
contrary, the statewide average weekly | ||
wage for the benefit period beginning
April 24, 1983 and ending | ||
January 31, 1984 shall be $321 and for the benefit
period | ||
beginning February 1, 1984 and ending December 31, 1986 shall | ||
be
$335, and for the benefit period beginning January 1, 1987, | ||
and ending
December 31, 1987, shall be $350, except that for an | ||
individual who has
established a benefit year beginning before | ||
April 24, 1983, the statewide
average weekly wage used in | ||
determining benefits, for any week beginning on
or after April | ||
24, 1983, claimed with respect to that benefit year, shall
be | ||
$334.80, except that, for the purpose of determining the | ||
minimum weekly
benefit amount under subsection B(1) for the | ||
benefit period beginning
January 1, 1987, and ending December | ||
31, 1987, the statewide average
weekly wage shall be $335; for | ||
the benefit
periods January 1, 1988 through December 31, 1988, | ||
January
1, 1989 through December 31, 1989, and January 1, 1990
| ||
through December 31, 1990, the statewide average weekly
wage | ||
shall be $359, $381, and $406, respectively.
Notwithstanding | ||
the preceding sentences of this paragraph,
for the benefit | ||
period of calendar year 1991, the statewide
average weekly wage | ||
shall be $406 plus (or minus) an
amount equal to the percentage | ||
change in the statewide
average weekly wage, as computed in | ||
accordance with
the preceding sentences of this paragraph, | ||
between the
benefit periods of calendar years 1989 and 1990, |
multiplied
by $406; and, for the benefit periods of calendar | ||
years 1992 through
2003 and calendar year 2005 and each | ||
calendar year
thereafter, the
statewide average weekly wage, | ||
shall be the statewide
average weekly wage, as determined in | ||
accordance with
this sentence, for the immediately preceding | ||
benefit
period plus (or minus) an amount equal to the | ||
percentage
change in the statewide average weekly wage, as | ||
computed
in accordance with the preceding sentences of this | ||
paragraph,
between the 2 immediately preceding benefit | ||
periods,
multiplied by the statewide average weekly wage, as
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determined in accordance with this sentence, for the
| ||
immediately preceding benefit period.
However, for purposes of | ||
the
Workers'
Compensation Act, the statewide average weekly | ||
wage will be computed
using June 1 and December 1 determination | ||
dates of each calendar year and
such determination shall not be | ||
subject to the limitation of $321,
$335, $350, $359, $381, $406 | ||
or the statewide average weekly wage as
computed in accordance | ||
with the preceding sentence of this
paragraph.
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With respect to any week beginning on or after April 24, | ||
1983 and before
January 3, 1988,
"maximum weekly benefit | ||
amount" means 48% of the statewide
average weekly wage, rounded | ||
(if not already a multiple of one dollar) to
the nearest | ||
dollar, provided however, that the maximum weekly
benefit | ||
amount for an individual who has established a benefit year | ||
beginning
before April 24, 1983, shall be determined, for weeks | ||
beginning on or
after April 24, 1983 claimed with respect to |
that benefit year,
as provided under this Act as amended and in | ||
effect on November 30,
1982, except that the statewide average | ||
weekly wage used in such determination
shall be $334.80.
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With respect to any week beginning after January 2, 1988 | ||
and before
January 1, 1993, "maximum weekly benefit amount" | ||
with respect to each week
beginning within a benefit period | ||
means 49% of the statewide average weekly
wage, rounded (if not | ||
already a multiple of one dollar) to the next higher
dollar.
| ||
With respect to any week beginning on or after January 3, | ||
1993 and during a
benefit year beginning before January 4, | ||
2004,
"maximum weekly benefit amount" with respect to each week | ||
beginning within
a benefit period means 49.5% of the statewide | ||
average weekly wage, rounded
(if not already a multiple of one | ||
dollar) to the next higher dollar.
| ||
With respect to any benefit year beginning on or after | ||
January 4, 2004 and
before January 6, 2008, "maximum weekly | ||
benefit amount" with respect to each
week beginning within a | ||
benefit period means 48% of the statewide average
weekly wage, | ||
rounded (if not already a multiple of one dollar) to the next
| ||
higher dollar.
| ||
With respect to any benefit year beginning on or after | ||
January 6, 2008,
"maximum weekly benefit amount" with respect | ||
to each week beginning within a
benefit period means 47% of the | ||
statewide average weekly wage, rounded (if not
already a | ||
multiple of one dollar) to the next higher dollar.
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C. With respect to any week beginning on or after April 24, |
1983 and before
January 3, 1988,
an individual to whom benefits | ||
are payable with respect
to any week shall, in addition to such | ||
benefits, be paid, with respect to such
week, as follows: in | ||
the case of an individual with a nonworking spouse,
7% of his | ||
prior average weekly wage, rounded (if not already a multiple
| ||
of one dollar) to the higher dollar; provided, that the total | ||
amount payable
to the individual with respect to a week shall | ||
not exceed 55% of the statewide
average weekly wage, rounded | ||
(if not already a multiple of one dollar) to
the nearest | ||
dollar; and in the case of an individual with a dependent child
| ||
or dependent children, 14.4% of his prior average weekly wage, | ||
rounded (if
not already a multiple of one dollar) to the higher | ||
dollar; provided, that
the total amount payable to the | ||
individual with respect to a week shall
not exceed 62.4% of the | ||
statewide average weekly wage, rounded (if not already
a | ||
multiple of one dollar) to the next higher dollar with respect | ||
to the
benefit period beginning January 1, 1987 and ending | ||
December 31, 1987, and
otherwise to the nearest dollar. | ||
However, for an individual with a
nonworking spouse or with a | ||
dependent child or children who has established
a benefit year | ||
beginning before April 24, 1983, the amount of additional
| ||
benefits payable on account of the nonworking spouse or | ||
dependent child
or children shall be determined, for weeks | ||
beginning on or after April
24, 1983 claimed with respect to | ||
that benefit year, as provided under
this Act as in effect on | ||
November 30, 1982, except that the
statewide average weekly |
wage used in such determination shall be $334.80.
| ||
With respect to any week beginning on or after January 2, | ||
1988 and before
January 1, 1991 and any week beginning on or | ||
after January 1, 1992, and before
January 1, 1993, an | ||
individual to whom benefits are payable
with respect to any
| ||
week shall, in addition to those benefits, be paid, with | ||
respect to such
week, as follows: in the case of an individual | ||
with a nonworking spouse,
8% of his prior average weekly wage, | ||
rounded (if not already a multiple
of one dollar) to the next | ||
higher dollar, provided, that the total
amount payable to the | ||
individual with respect to a week shall not
exceed 57% of the | ||
statewide average weekly wage, rounded (if not already
a | ||
multiple of one dollar) to the next higher dollar; and in the | ||
case of
an individual with a dependent child or dependent | ||
children, 15% of
his prior average weekly wage, rounded (if not | ||
already a multiple of one
dollar) to the next higher dollar, | ||
provided that the total amount
payable to the individual with | ||
respect to a week shall not exceed 64%
of the statewide average | ||
weekly wage, rounded (if not already a
multiple of one dollar) | ||
to the next higher dollar.
| ||
With respect to any week beginning on or after January 1, | ||
1991 and before
January 1, 1992, an individual to whom benefits | ||
are payable with respect to
any week shall, in addition to the | ||
benefits, be paid, with respect to such
week, as follows: in | ||
the case of an individual with a nonworking spouse,
8.3% of his | ||
prior average weekly wage, rounded (if not already a multiple
|
of one dollar) to the next higher dollar, provided, that the | ||
total amount
payable to the individual with respect to a week | ||
shall not exceed 57.3%
of the statewide average weekly wage, | ||
rounded (if not already a multiple of
one dollar) to the next | ||
higher dollar; and in the case of an individual
with a | ||
dependent child or dependent children, 15.3% of his prior | ||
average
weekly wage, rounded (if not already a multiple of one | ||
dollar) to the next
higher dollar, provided that the total | ||
amount payable to the individual
with respect to a week shall | ||
not exceed 64.3% of the statewide average
weekly wage, rounded | ||
(if not already a multiple of one dollar) to the next
higher | ||
dollar.
| ||
With respect to any week beginning on or after January 3, | ||
1993,
during a benefit year beginning before January 4, 2004,
| ||
an individual to whom benefits are payable with respect to any
| ||
week shall, in addition to those benefits, be paid, with | ||
respect to such
week, as follows: in the case of an individual | ||
with a nonworking spouse,
9% of his prior average weekly wage, | ||
rounded (if not already a multiple
of one dollar) to the next | ||
higher dollar, provided, that the total
amount payable to the | ||
individual with respect to a week shall not
exceed 58.5% of the | ||
statewide average weekly wage, rounded (if not already
a | ||
multiple of one dollar) to the next higher dollar; and in the | ||
case of
an individual with a dependent child or dependent | ||
children, 16% of
his prior average weekly wage, rounded (if not | ||
already a multiple of one
dollar) to the next higher dollar, |
provided that the total amount
payable to the individual with | ||
respect to a week shall not exceed 65.5%
of the statewide | ||
average weekly wage, rounded (if not already a
multiple of one | ||
dollar) to the next higher dollar.
| ||
With respect to any benefit year beginning on or after | ||
January 4, 2004 and
before January 6, 2008, an individual to | ||
whom benefits are payable with respect
to any week shall, in | ||
addition to those benefits, be paid, with respect to such
week, | ||
as follows: in the case of an individual with a nonworking | ||
spouse, 9% of
his or her prior average weekly wage, rounded (if | ||
not already a multiple of one
dollar) to the next higher | ||
dollar, provided, that the total amount payable to
the | ||
individual with respect to a week shall not exceed 57% of the | ||
statewide
average weekly wage, rounded (if not already a | ||
multiple of one dollar) to the
next higher dollar; and in the | ||
case of an individual with a dependent child or
dependent | ||
children, 17.2% of his or her prior average weekly wage, | ||
rounded (if
not already a multiple of one dollar) to the next | ||
higher dollar, provided that
the total amount payable to the | ||
individual with respect to a week shall not
exceed 65.2% of the | ||
statewide average weekly wage, rounded (if not already a
| ||
multiple of one dollar) to the next higher dollar.
| ||
With respect to any benefit year beginning on or after | ||
January 6, 2008 and before January 1, 2010 , an
individual to | ||
whom benefits are payable with respect to any week shall, in
| ||
addition to those benefits, be paid, with respect to such week, |
as follows: in
the case of an individual with a nonworking | ||
spouse, 9% of his or her prior
average weekly wage, rounded (if | ||
not already a multiple of one dollar) to the
next higher | ||
dollar, provided, that the total amount payable
to the | ||
individual with respect to a week shall not exceed 56% of the | ||
statewide
average weekly wage, rounded (if not already a | ||
multiple of one dollar) to the
next higher dollar; and with | ||
respect to any benefit year beginning before
January 1, 2010, | ||
in the case of an individual with a dependent child or
| ||
dependent children, 18.2% of his or her prior average weekly | ||
wage, rounded (if
not already a multiple of one dollar) to the | ||
next higher dollar, provided that
the total amount payable to | ||
the individual with respect to a week
shall not exceed 65.2% of | ||
the statewide average weekly wage, rounded (if not
already a | ||
multiple of one dollar) to the next higher dollar. | ||
The additional
amount paid pursuant to this subsection in | ||
the case of an individual with a
dependent child or dependent | ||
children shall be referred to as the "dependent
child | ||
allowance" , and the percentage rate by which an individual's | ||
prior average weekly wage is multiplied pursuant to this | ||
subsection to calculate the dependent child allowance shall be | ||
referred to as the "dependent child allowance rate" . | ||
With respect to any benefit year beginning on or after | ||
January 1, 2010, an individual to whom benefits are payable | ||
with respect to any week shall, in addition to those benefits, | ||
be paid, with respect to such week, as follows: in the case of |
an individual with a nonworking spouse, the greater of (i) 9% | ||
of his or her prior average weekly wage, rounded (if not | ||
already a multiple of one dollar) to the next higher dollar, or | ||
(ii) $15, provided that the total amount payable to the | ||
individual with respect to a week shall not exceed 56% of the | ||
statewide average weekly wage, rounded (if not already a | ||
multiple of one dollar) to the next higher dollar; and in the | ||
case of an individual with a dependent child or dependent | ||
children, the greater of (i) the product of the dependent child | ||
allowance rate multiplied by his or her prior average weekly | ||
wage, rounded (if not already a multiple of one dollar) to the | ||
next higher dollar, or (ii) the lesser of $50 or 50% of his or | ||
her weekly benefit amount, rounded (if not already a multiple | ||
of one dollar) to the next higher dollar, provided that the | ||
total amount payable to the individual with respect to a week | ||
shall not exceed the product of the statewide average weekly | ||
wage multiplied by the sum of 47% plus the dependent child | ||
allowance rate, rounded (if not already a multiple of one | ||
dollar) to the next higher dollar. | ||
With respect to each benefit year beginning in a calendar
| ||
year after calendar year 2009, the percentage rate used to | ||
calculate the
dependent child allowance rate shall be the sum | ||
of the allowance adjustment
applicable pursuant to Section | ||
1400.1 to the calendar year in which the benefit
year begins, | ||
plus the percentage rate used to calculate the dependent child
| ||
allowance rate with respect to each benefit year beginning in |
the immediately
preceding calendar year , except as otherwise | ||
provided in this subsection ,
provided that the total amount | ||
payable to the individual with respect to a week
beginning in | ||
such benefit year shall not exceed the product of the statewide
| ||
average weekly wage, rounded (if not already a multiple of one | ||
dollar) to the
next higher dollar and the sum of 47% plus the | ||
percentage rate used to
calculate the individual's dependent | ||
child allowance . The Notwithstanding any
provision to the | ||
contrary, the percentage rate used to calculate the dependent
| ||
child allowance rate with respect to each any benefit year | ||
beginning in calendar year on or after January
1, 2010 , shall | ||
not be less than 17.3% or greater than 18.2%.
The dependent | ||
child allowance rate with respect to each benefit year | ||
beginning in calendar year 2011 shall be reduced by 0.2% | ||
absolute below the rate it would otherwise have been pursuant | ||
to this subsection and, with respect to each benefit year | ||
beginning after calendar year 2010, except as otherwise | ||
provided, shall not be less than 17.1% or greater than 18.0%. | ||
Unless, as a result of this sentence, the agreement between the | ||
Federal Government and State regarding the Federal Additional | ||
Compensation program established under Section 2002 of the | ||
American Recovery and Reinvestment Act, or a successor program, | ||
would not apply or would cease to apply, the dependent child | ||
allowance rate with respect to each benefit year beginning in | ||
calendar year 2012 shall be reduced by 0.1% absolute below the | ||
rate it would otherwise have been pursuant to this subsection |
and, with respect to each benefit year beginning after calendar | ||
year 2011, shall not be less than 17.0% or greater than 17.9%.
| ||
For the purposes of this subsection:
| ||
"Dependent" means a child or a nonworking spouse.
| ||
"Child" means a natural child, stepchild, or adopted child | ||
of an
individual claiming benefits under this Act or a child | ||
who is in the
custody of any such individual by court order, | ||
for whom the individual is
supplying and, for at least 90 | ||
consecutive days (or for the duration of
the parental | ||
relationship if it has existed for less than 90 days)
| ||
immediately preceding any week with respect to which the | ||
individual has
filed a claim, has supplied more than one-half | ||
the cost of support, or
has supplied at least 1/4 of the cost | ||
of support if the individual and
the other parent, together, | ||
are supplying and, during the aforesaid
period, have supplied | ||
more than one-half the cost of support, and are,
and were | ||
during the aforesaid period, members of the same household; and
| ||
who, on the first day of such week (a) is under 18 years of age, | ||
or (b)
is, and has been during the immediately preceding 90 | ||
days, unable to
work because of illness or other disability: | ||
provided, that no person
who has been determined to be a child | ||
of an individual who has been
allowed benefits with respect to | ||
a week in the individual's benefit
year shall be deemed to be a | ||
child of the other parent, and no other
person shall be | ||
determined to be a child of such other parent, during
the | ||
remainder of that benefit year.
|
"Nonworking spouse" means the lawful husband or wife of an | ||
individual
claiming benefits under this Act, for whom more than | ||
one-half the cost
of support has been supplied by the | ||
individual for at least 90
consecutive days (or for the | ||
duration of the marital relationship if it
has existed for less | ||
than 90 days) immediately preceding any week with
respect to | ||
which the individual has filed a claim, but only if the
| ||
nonworking spouse is currently ineligible to receive benefits | ||
under this
Act by reason of the provisions of Section 500E.
| ||
An individual who was obligated by law to provide for the | ||
support of
a child or of a nonworking spouse for the aforesaid | ||
period of 90 consecutive
days, but was prevented by illness or | ||
injury from doing so, shall be deemed
to have provided more | ||
than one-half the cost of supporting the child or
nonworking | ||
spouse for that period.
| ||
(Source: P.A. 93-634, eff. 1-1-04.)
| ||
(820 ILCS 405/409) (from Ch. 48, par. 409)
| ||
Sec. 409. Extended Benefits.
| ||
A. For the purposes of this Section:
| ||
1. "Extended benefit period" means a period which | ||
begins with
the third week after a week for which there is | ||
a State "on" indicator; and
ends with either of the | ||
following weeks, whichever occurs later: (1) the
third week | ||
after the first week for which there is a
State "off" | ||
indicator, or (2) the thirteenth consecutive week of such
|
period. No extended benefit period shall begin by reason of | ||
a State
"on" indicator before the fourteenth week following | ||
the end of a prior
extended benefit period.
| ||
2. There is a "State 'on' indicator" for a week if (a) | ||
the Director
determines, in accordance with the | ||
regulations of the United States
Secretary of Labor or | ||
other appropriate Federal agency, that for the
period | ||
consisting of such week and the immediately preceding | ||
twelve
weeks, the rate of insured unemployment (not | ||
seasonally adjusted) in
this State (a) equaled or exceeded | ||
4% and equaled or exceeded 120% of
the average of such | ||
rates for the corresponding 13-week period ending in
each | ||
of the preceding two calendar years, or (b) equaled or | ||
exceeded 5%;
for weeks beginning after September 25, 1982 | ||
(1) equaled or exceeded 5%
and equaled or exceeded 120% of | ||
the average of such rates for the corresponding
13-week | ||
period ending in each of the preceding 2 calendar years, or | ||
(2)
equaled or exceeded 6 percent , or (b) the United States | ||
Secretary of Labor determines that (1) the average rate of | ||
total unemployment in this State (seasonally adjusted) for | ||
the period consisting of the most recent 3 months for which | ||
data for all states are published before the close of such | ||
week equals or exceeds 6.5%, and (2) the average rate of | ||
total unemployment in this State (seasonally adjusted) for | ||
the 3-month period referred to in (1) equals or exceeds | ||
110% of such average rate for either (or both) of the |
corresponding 3-month periods ending in the 2 preceding | ||
calendar years. Clause (b) of this paragraph shall only | ||
apply to weeks beginning on or after February 22, 2009, | ||
through the week ending 3 weeks prior to the last week for | ||
which federal sharing is provided as authorized by Section | ||
2005(a) of Public Law 111-5 and is inoperative as of the | ||
end of the last week for which federal sharing is provided | ||
as authorized by Section 2005(a) of Public Law 111-5 .
| ||
3. There is a "State 'off' indicator" for a week if | ||
there is not a State 'on' indicator for the week pursuant | ||
to paragraph 2 the Director
determines, in accordance with | ||
the regulations of the United States
Secretary of Labor or | ||
other appropriate Federal agency, that for the
period | ||
consisting of such week and the immediately preceding | ||
twelve
weeks, the rate of insured unemployment (not | ||
seasonally adjusted) in
this State (a) was less than 5% and | ||
was less than 120%
of the average of such rates
for the | ||
corresponding 13-week period ending in each of the | ||
preceding 2
calendar years, or (b) was less than 4%; and | ||
for weeks beginning after
September 25, 1982, (1) was less | ||
than 6% and less than 120% of the average
of such rates for | ||
the corresponding 13-week period ending in each of the
| ||
preceding 2 calendar years, or (2) was less than 5% .
| ||
4. "Rate of insured unemployment", for the purpose of | ||
paragraph paragraphs
2 and 3 , means the percentage derived | ||
by dividing (a) the average
weekly number of individuals |
filing claims for "regular benefits" in
this State for | ||
weeks of
unemployment with respect to the most recent 13 | ||
consecutive week period,
as determined by the Director on | ||
the basis of his reports to the United
States Secretary of | ||
Labor or other appropriate Federal agency, by (b)
the | ||
average monthly employment covered under this Act for the | ||
first four
of the most recent six completed calendar | ||
quarters ending before the
close of such 13-week period.
| ||
5. "Regular benefits" means benefits, other than | ||
extended benefits
and additional benefits, payable to an | ||
individual (including dependents'
allowances) under this | ||
Act or under any other State unemployment
compensation law | ||
(including benefits payable to Federal civilian
employees | ||
and ex-servicemen pursuant to 5 U.S.C. chapter 85).
| ||
6. "Extended benefits" means benefits (including | ||
benefits payable to
Federal civilian employees and | ||
ex-servicemen pursuant to 5 U.S.C.
chapter 85) payable to | ||
an individual under the provisions of this
Section for | ||
weeks which begin in his eligibility period.
| ||
7. "Additional benefits" means benefits totally | ||
financed by a State
and payable to exhaustees (as defined | ||
in subsection C) by reason of
conditions of high | ||
unemployment or by reason of other specified factors.
If an | ||
individual is eligible to receive extended benefits under | ||
the
provisions of this Section and is eligible to receive | ||
additional
benefits with respect to the same week under the |
law of another State,
he may elect to claim either extended | ||
benefits or additional benefits
with respect to the week.
| ||
8. "Eligibility period" means the period consisting of | ||
the weeks in
an individual's benefit year which begin in an | ||
extended benefit period
and, if his benefit year ends | ||
within such extended benefit period, any
weeks thereafter | ||
which begin in such period. An individual's eligibility | ||
period shall also include such other weeks as federal law | ||
may allow.
| ||
9. Notwithstanding any other provision to the contrary | ||
of the provisions of Sections 1404, 1405B, and
1501 , no | ||
employer shall be liable for payments in lieu of | ||
contributions pursuant to Section 1404 , and
wages shall not | ||
become benefit wages, by reason of the payment of extended
| ||
benefits which are wholly reimbursed to this State by the | ||
Federal Government or would have been wholly reimbursed to | ||
this State by the Federal Government if the employer had | ||
paid all of the claimant's wages during the applicable base | ||
period .
With respect to extended benefits, paid prior to | ||
July 1, 1989, wages shall
become benefit wages under | ||
Section 1501 only when an individual is
first paid such | ||
benefits with respect to his eligibility period which
are | ||
not wholly reimbursed to this State by the Federal | ||
Government.
Extended benefits , paid on or after July 1, | ||
1989, shall not become benefit
charges under Section 1501.1 | ||
if they are wholly reimbursed to this State by the Federal |
Government or would have been wholly reimbursed to this | ||
State by the Federal Government if the employer had paid | ||
all of the claimant's wages during the applicable base | ||
period. For purposes of this paragraph, extended benefits | ||
will be considered to be wholly reimbursed by the Federal | ||
Government notwithstanding the operation of Section | ||
204(a)(2)(D) of the Federal-State Extended Unemployment | ||
Compensation Act of 1970 only when any individual is paid | ||
such benefits
with respect to his eligibility period which | ||
are not wholly reimbursed by
the Federal Government .
| ||
B. An individual shall be eligible to receive extended | ||
benefits
pursuant to this Section for any week which begins in | ||
his eligibility
period if, with respect to such week (1) he has | ||
been paid wages for insured
work during his base period equal | ||
to at least 1 1/2 times the wages paid
in that calendar quarter | ||
of his base period in which such wages were highest ,
provided | ||
that this provision applies only with respect to weeks | ||
beginning
after September 25, 1982 ; (2) he has met the | ||
requirements of Section 500E
of this Act; (3) he is an | ||
exhaustee; and (4) except when the result
would be inconsistent | ||
with the provisions of this
Section, he has satisfied the | ||
requirements of this Act for the receipt
of regular benefits.
| ||
C. An individual is an exhaustee with respect to a week | ||
which begins
in his eligibility period if:
| ||
1. Prior to such week (a) he has received, with respect | ||
to his
current benefit year that includes such week, the |
maximum total amount
of benefits to which he was entitled | ||
under the provisions of Section
403B, and all of the | ||
regular benefits (including dependents' allowances)
to | ||
which he had entitlement (if any) on the basis of wages or | ||
employment
under any other State unemployment compensation | ||
law; or (b) he has
received all the regular benefits | ||
available to him with respect to his
current benefit year | ||
that includes such week, under this Act and under
any other | ||
State unemployment compensation law, after a cancellation | ||
of
some or all of his wage credits or the partial or total | ||
reduction of his
regular benefit rights; or (c) his benefit | ||
year terminated, and he
cannot meet the qualifying wage | ||
requirements of Section 500E of this Act
or the qualifying | ||
wage or employment requirements of any other State
| ||
unemployment compensation law to establish a new benefit | ||
year which
would include such week or, having established a | ||
new benefit year that
includes such week, he is ineligible | ||
for regular benefits by reason of
Section 607 of this Act | ||
or a like provision of any other State
unemployment | ||
compensation law; and
| ||
2. For such week (a) he has no right to benefits or | ||
allowances, as
the case may be, under the Railroad | ||
Unemployment Insurance Act, or such other
Federal laws as | ||
are specified in regulations of the United States
Secretary | ||
of Labor or other appropriate Federal agency; and (b) he | ||
has
not received and is not seeking benefits under the |
unemployment
compensation law of Canada, except that if he
| ||
is seeking such benefits and the appropriate agency finally | ||
determines
that he is not entitled to benefits under such | ||
law, this clause shall
not apply.
| ||
3. For the purposes of clauses (a) and (b) of paragraph | ||
1 of this
subsection, an individual shall be deemed to have | ||
received, with respect
to his current benefit year, the | ||
maximum total amount of benefits to
which he was entitled | ||
or all of the regular benefits to which he had
entitlement, | ||
or all of the regular benefits available to him, as the
| ||
case may be, even though (a) as a result of a pending | ||
reconsideration or
appeal with respect to the "finding" | ||
defined in Section 701, or of a
pending appeal with respect | ||
to wages or employment or both under any
other State | ||
unemployment compensation law, he may subsequently be
| ||
determined to be entitled to more regular benefits; or (b) | ||
by reason of
a seasonality provision in a State | ||
unemployment compensation law which
establishes the weeks | ||
of the year for which regular benefits may be paid
to | ||
individuals on the basis of wages in seasonal employment he | ||
may be
entitled to regular benefits for future weeks but | ||
such benefits are not
payable with respect to the week for | ||
which he is claiming extended
benefits, provided that he is | ||
otherwise an exhaustee under the
provisions of this | ||
subsection with respect to his rights to regular
benefits, | ||
under such seasonality provision, during the portion of the
|
year in which that week occurs; or (c) having established a | ||
benefit
year, no regular benefits are payable to him with | ||
respect to such year
because his wage credits were | ||
cancelled or his rights to regular
benefits were totally | ||
reduced by reason of the application of a
disqualification | ||
provision of a State unemployment compensation law.
| ||
D. 1. The provisions of Section 607 and the waiting period
| ||
requirements of Section 500D shall not be applicable to any | ||
week with
respect to which benefits are otherwise payable | ||
under this Section.
| ||
2. An individual shall not cease to be an exhaustee | ||
with respect to
any week solely because he meets the | ||
qualifying wage requirements of
Section 500E for a part of | ||
such week.
| ||
3. For the purposes of this Section, the "base period" | ||
referred to
in Sections 601 and 602 shall be the base | ||
period with respect to the
benefit year in which the | ||
individual's eligibility period begins.
| ||
E. With respect to any week which begins in his eligibility | ||
period,
an exhaustee's "weekly extended benefit amount" shall | ||
be the same as his
weekly benefit amount during his benefit | ||
year which includes such week or, if
such week is not in a | ||
benefit year, during his applicable
benefit year, as defined in | ||
regulations issued by the United States
Secretary of Labor or | ||
other appropriate Federal agency. If the exhaustee
had more | ||
than one weekly benefit amount during
his benefit year, his |
weekly extended benefit amount with respect to
such week shall | ||
be the latest of such weekly benefit amounts.
| ||
F. 1. An eligible exhaustee shall be entitled, during any | ||
eligibility
period, to a maximum total amount of extended | ||
benefits equal to the
lesser of the following amounts:
| ||
a. 1. Fifty percent of the maximum total amount of | ||
benefits to which he
was entitled under Section 403B during | ||
his applicable benefit year; or
| ||
b. 2. Thirteen times his weekly extended benefit amount | ||
as determined
under subsection E ; or .
| ||
c. Thirty-nine times his or her average weekly extended | ||
benefit amount, reduced by the regular benefits (not | ||
including any dependents' allowances) paid to him or her | ||
during such benefit year. | ||
2. An eligible exhaustee shall be entitled, during a "high | ||
unemployment period", to a maximum total amount of extended | ||
benefits equal to the lesser of the following amounts: | ||
a. Eighty percent of the maximum total amount of | ||
benefits to which he or she was entitled under Section 403B | ||
during his or her applicable benefit year; | ||
b. Twenty times his or her weekly extended benefit | ||
amount as determined under subsection E; or | ||
c. Forty-six times his or her average weekly extended | ||
benefit amount, reduced by the regular benefits (not | ||
including any dependents' allowances) paid to him or her | ||
during such benefit year. |
For purposes of this paragraph, the term "high unemployment | ||
period" means any period during which (i) clause (b) of | ||
paragraph (2) of subsection A is operative and (ii) an extended | ||
benefit period would be in effect if clause (b) of paragraph | ||
(2) of subsection A of this Section were applied by | ||
substituting "8%" for "6.5%".
| ||
3. Notwithstanding paragraphs subparagraphs 1 and 2 of this | ||
subsection F, and if
the benefit year of an individual ends | ||
within an extended benefit period,
the remaining balance of | ||
extended benefits that the individual would, but
for this | ||
subsection F, be otherwise entitled to receive in that extended
| ||
benefit period, for weeks of unemployment beginning after the | ||
end of the
benefit year, shall be reduced (but not below zero) | ||
by the product of the
number of weeks for which the individual | ||
received any amounts as trade
readjustment allowances as | ||
defined in the federal Trade Act of 1974 within
that benefit | ||
year multiplied by his weekly benefit amount for extended
| ||
benefits.
| ||
G. 1. A claims adjudicator shall examine the first claim | ||
filed by
an individual with respect to his eligibility | ||
period and, on the basis
of the information in his | ||
possession, shall make an "extended benefits
finding". | ||
Such finding shall state whether or not the individual has | ||
met
the requirement of subsection B(1), is an
exhaustee | ||
and, if he is, his weekly extended benefit amount and the
| ||
maximum total amount of extended benefits to which he is |
entitled. The
claims adjudicator shall promptly notify the | ||
individual of his "extended
benefits finding", and shall | ||
promptly notify the individual's most
recent employing | ||
unit , with respect to benefit years beginning on or
after | ||
July 1, 1989 and the individual's last employer (referred | ||
to in Section
1502.1) that the individual has filed a claim | ||
for extended benefits. The
claims adjudicator may | ||
reconsider his "extended benefits finding" at any time
| ||
within one year after the close of the individual's | ||
eligibility period, and
shall promptly notify the | ||
individual of such reconsidered finding. All of the
| ||
provisions of this Act applicable to reviews from findings | ||
or reconsidered
findings made pursuant to Sections 701 and | ||
703 which are not inconsistent with
the provisions of this | ||
subsection shall be applicable to reviews from extended
| ||
benefits findings and reconsidered extended benefits | ||
findings.
| ||
2. If, pursuant to the reconsideration or appeal with | ||
respect to a
"finding", referred to in paragraph 3 of | ||
subsection C, an exhaustee is
found to be entitled to more | ||
regular benefits and, by reason thereof, is
entitled to | ||
more extended benefits, the claims adjudicator shall make a
| ||
reconsidered extended benefits finding and shall promptly | ||
notify the
exhaustee thereof.
| ||
H. Whenever an extended benefit period is to begin in this | ||
State because
there is a State "on" indicator, or whenever an |
extended benefit period is to
end in this State because there | ||
is a State "off" indicator, the Director shall
make an | ||
appropriate public announcement.
| ||
I. Computations required by the provisions of paragraph 4 6 | ||
of subsection A
shall be made by the Director in accordance | ||
with regulations prescribed by the
United States Secretary of | ||
Labor, or other appropriate Federal agency.
| ||
J. 1. Interstate Benefit Payment Plan means the plan | ||
approved by
the Interstate Conference of Employment | ||
Security Agencies under which benefits
shall be payable to | ||
unemployed individuals absent from the state (or states)
in | ||
which benefit credits have been accumulated.
| ||
2. An individual who commutes from his state of | ||
residence to work in
another state and continues to reside | ||
in such state of residence while filing
his claim for | ||
unemployment insurance under this Section of the Act shall | ||
not be
considered filing a claim under the Interstate | ||
Benefit Payment Plan so long as
he files his claim in and | ||
continues to report to the employment office under
the | ||
regulations applicable to intrastate claimants in the | ||
state in which he was
so employed.
| ||
3. "State" when used in this subsection includes States | ||
of the United
States of America, the District of Columbia, | ||
Puerto Rico and the Virgin
Islands. For purposes of this | ||
subsection, the term "state" shall also be
construed to | ||
include Canada.
|
4. Notwithstanding any other provision of this Act, | ||
effective with weeks
beginning on or after June 1, 1981 an | ||
individual shall be eligible for a
maximum of 2 weeks of | ||
benefits payable under this Section after he files
his | ||
initial claim for extended benefits in an extended benefit | ||
period, as
defined in paragraph 1 of subsection A, under | ||
the Interstate Benefit Payment
Plan unless there also | ||
exists an extended benefit period, as defined in
paragraph | ||
1 of subsection A, in the state where such claim is filed. | ||
Such
maximum eligibility shall continue as long as the | ||
individual continues to
file his claim under the Interstate | ||
Benefit Payment Plan, notwithstanding
that the individual | ||
moves to another state where an extended benefit period
| ||
exists and files for weeks prior to his initial Interstate | ||
claim in that state.
| ||
5. To assure full tax credit to the employers of this | ||
state against the
tax imposed by the Federal Unemployment | ||
Tax Act, the Director shall take
any action or issue any | ||
regulations necessary in the administration of this
| ||
subsection to insure that its provisions are so interpreted | ||
and applied
as to meet the requirements of such Federal Act | ||
as interpreted by the United
States Secretary of Labor or | ||
other appropriate Federal agency.
| ||
K. 1. Notwithstanding any other provisions of this Act, an | ||
individual
shall be ineligible for the payment of extended | ||
benefits for any week of
unemployment in his eligibility |
period if the Director finds that during such
period:
| ||
a. he failed to accept any offer of suitable work | ||
(as defined in
paragraph 3 below) or failed to apply | ||
for any suitable work to which he was
referred by the | ||
Director; or
| ||
b. he failed to actively engage in seeking work as | ||
prescribed under
paragraph 5 below.
| ||
2. Any individual who has been found ineligible for | ||
extended benefits
by reason of the provisions of paragraph | ||
1 of this subsection shall be denied
benefits beginning | ||
with the first day of the week in which such failure
has | ||
occurred and until he has been employed in each of 4 | ||
subsequent weeks
(whether or not consecutive) and has | ||
earned remuneration equal to at least
4 times his weekly | ||
benefit amount.
| ||
3. For purposes of this subsection only, the term | ||
"suitable work" means,
with respect to any individual, any | ||
work which is within such individual's
capabilities, | ||
provided, however, that the gross average weekly | ||
remuneration
payable for the work must exceed the sum of :
| ||
a. must exceed the sum of (i) the individual's | ||
extended weekly benefit amount as determined under
| ||
subsection E above plus
(ii) b. the amount, if any, of | ||
supplemental unemployment benefits (as defined
in | ||
Section 501(c)(17)(D) of the Internal Revenue Code of | ||
1954) payable to
such individual for such week; and |
further,
| ||
b. is c. pays wages not less than the higher of --
| ||
(i) the minimum wage provided by Section 6 | ||
(a)(1) of the Fair Labor
Standards Act of 1938, | ||
without regard to any exemption; or
| ||
(ii) the applicable state or local minimum | ||
wage;
| ||
c. d. provided, however, that no individual shall | ||
be denied extended
benefits for failure to accept an | ||
offer of or apply for any job which meets the
| ||
definition of suitability as described above if:
| ||
(i) the position was not offered to such | ||
individual in writing or was
not listed with the | ||
employment service;
| ||
(ii) such failure could not result in a denial | ||
of benefits under the
definition of suitable work | ||
for regular benefits claimants in Section 603
to | ||
the extent that the criteria of suitability in that | ||
Section are not
inconsistent with the provisions | ||
of this paragraph 3;
| ||
(iii) the individual furnishes satisfactory | ||
evidence to the Director
that his prospects for | ||
obtaining work in his customary occupation within | ||
a
reasonably short period are good. If such | ||
evidence is deemed satisfactory
for this purpose, | ||
the determination of whether any work is suitable |
with
respect to such individual shall be made in | ||
accordance with the definition
of suitable work | ||
for regular benefits in Section 603 without regard | ||
to the
definition specified by this paragraph.
| ||
4. Notwithstanding the provisions of paragraph 3 to the | ||
contrary, no work
shall be deemed to be suitable work for | ||
an individual which does not accord
with the labor standard | ||
provisions required by Section 3304(a)(5) of the
Internal | ||
Revenue Code of 1954 and set forth herein under Section 603 | ||
of this
Act.
| ||
5. For the purposes of subparagraph b of paragraph 1, | ||
an individual shall
be treated as actively engaged in | ||
seeking work during any week if --
| ||
a. the individual has engaged in a systematic and | ||
sustained effort to
obtain work during such week, and
| ||
b. the individual furnishes tangible evidence that | ||
he has engaged in
such effort during such week.
| ||
6. The employment service shall refer any individual | ||
entitled to extended
benefits under this Act to any | ||
suitable work which meets the criteria
prescribed in | ||
paragraph 3.
| ||
7. Notwithstanding any other provision of this Act, an | ||
individual shall
not be eligible to receive extended | ||
benefits, otherwise payable under this
Section, with | ||
respect to any week of unemployment in his eligibility | ||
period
if such individual has been held ineligible for |
benefits under the provisions
of Sections 601, 602 or 603 | ||
of this Act until such individual had requalified
for such | ||
benefits by returning to employment and satisfying the | ||
monetary
requalification provision by earning at least his | ||
weekly benefit amount.
| ||
8. This subsection shall be effective for weeks | ||
beginning on or after
March 31, 1981, and before March 7, | ||
1993, and for weeks beginning on or
after January 1, 1995.
| ||
L. The Governor may, if federal law so allows, elect, in | ||
writing, to pay individuals, otherwise eligible for extended | ||
benefits pursuant to this Section, any other federally funded | ||
unemployment benefits, including but not limited to benefits | ||
payable pursuant to the federal Supplemental Appropriations | ||
Act, 2008, as amended, prior to paying them benefits under this | ||
Section. | ||
M. The provisions of this Section, as revised by this | ||
amendatory Act of the 96th General Assembly, are retroactive to | ||
February 22, 2009. The provisions of this amendatory Act of the | ||
96th General Assembly with regard to subsection L and paragraph | ||
8 of subsection A clarify authority already provided. | ||
(Source: P.A. 86-3; 87-1266.)
| ||
(820 ILCS 405/601) (from Ch. 48, par. 431) | ||
Sec. 601. Voluntary leaving. | ||
A. An individual shall be ineligible for
benefits for the | ||
week in which he or she has left work voluntarily without good
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cause attributable to the employing unit and, thereafter, until | ||
he or she has become
reemployed and has had earnings equal to | ||
or in excess of his or her current weekly
benefit amount in | ||
each of four calendar weeks which are either for services
in | ||
employment, or have been or will be reported pursuant to the | ||
provisions
of the Federal Insurance Contributions Act by each | ||
employing unit for which
such services are performed and which | ||
submits a statement certifying to that fact.
| ||
B. The provisions of this Section shall not apply to an | ||
individual
who has left work voluntarily:
| ||
1. Because he or she is deemed physically unable to | ||
perform his or her work by a licensed
and practicing | ||
physician, or because the individual's or has left work | ||
voluntarily upon the advice of
a licensed and practicing | ||
physician that assistance is necessary for the
purpose of | ||
caring for his or her spouse, child, or parent who , | ||
according to a licensed and practicing physician or as | ||
otherwise reasonably verified, is in poor physical
or | ||
mental health or is mentally or physically disabled and the | ||
employer is unable to accommodate the individual's need to | ||
provide such assistance will not allow him to perform the | ||
usual and customary
duties of his employment, and he has | ||
notified the employing unit of the
reasons for his absence ;
| ||
2. To accept other bona fide work and, after such | ||
acceptance, the individual
is either not unemployed in each | ||
of 2 weeks, or earns remuneration for such
work equal to at |
least twice his or her current weekly benefit amount;
| ||
3. In lieu of accepting a transfer to other work | ||
offered to the individual
by the employing unit under the | ||
terms of a collective bargaining agreement
or pursuant to | ||
an established employer plan, program, or policy, if the
| ||
acceptance of such other work by the individual would | ||
require the separation
from that work of another individual | ||
currently performing it;
| ||
4. Solely because of the sexual harassment of the | ||
individual by another
employee. Sexual harassment means | ||
(1) unwelcome sexual advances, requests
for sexual favors, | ||
sexually motivated physical contact or other conduct
or | ||
communication which is made a term or condition of the | ||
employment or
(2) the employee's submission to or rejection | ||
of such conduct or communication
which is the basis for | ||
decisions affecting employment, or (3) when such
conduct or | ||
communication has the purpose or effect of substantially | ||
interfering
with an individual's work performance or | ||
creating an intimidating, hostile,
or offensive working | ||
environment and the employer knows or should know of
the | ||
existence of the harassment and fails to take timely and | ||
appropriate
action;
| ||
5. Which he or she had accepted after separation from | ||
other work, and the work
which he or she left voluntarily | ||
would be deemed unsuitable under the provisions
of Section | ||
603;
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6. (a) Because the individual left work due to verified | ||
circumstances resulting
from
the individual being a victim | ||
of domestic violence as defined in Section 103 of
the | ||
Illinois Domestic Violence Act of 1986 where the domestic | ||
violence caused the individual to reasonably believe that | ||
his or her continued employment would jeopardize his or her | ||
safety or the safety of his or her spouse, minor child, or | ||
parent ; and provided, such individual has
made reasonable | ||
efforts to preserve the employment.
| ||
For the purposes of this paragraph 6, the individual | ||
shall be treated as
being a victim of domestic violence if | ||
the individual provides the following:
| ||
(i) written notice to the employing unit of the | ||
reason for the
individual's
voluntarily leaving; and
| ||
(ii) to the Department provides:
| ||
(A) an order of protection or other | ||
documentation of equitable relief
issued by a | ||
court of competent jurisdiction; or
| ||
(B) a police report or criminal charges | ||
documenting the domestic
violence; or
| ||
(C) medical documentation of the domestic | ||
violence; or
| ||
(D) evidence of domestic violence from a | ||
member of the clergy, attorney, counselor, social | ||
worker,
health worker or domestic violence shelter | ||
worker.
|
(b) If the individual does not meet the provisions of | ||
subparagraph (a), the
individual shall be held to have | ||
voluntarily terminated employment for the
purpose of | ||
determining the individual's eligibility for benefits | ||
pursuant to
subsection A.
| ||
(c) Notwithstanding any other provision to the | ||
contrary, evidence of
domestic violence experienced by an | ||
individual, or his or her spouse, minor child, or parent, | ||
including the individual's
statement and corroborating | ||
evidence, shall not be disclosed by the Department
unless | ||
consent for disclosure is given by the individual.
| ||
7. Because , due to a change in location of employment | ||
of the individual's spouse, the individual left work to | ||
accompany his or her spouse to a place from which it is | ||
impractical to commute or because the individual left | ||
employment to accompany a spouse who has been reassigned | ||
from one military assignment to another. The employer's | ||
account, however, shall not be charged for any benefits | ||
paid out to the individual who leaves work under a | ||
circumstance described in this paragraph to accompany a | ||
spouse reassigned from one military assignment to another . | ||
C. Within 90 days of the effective date of this amendatory | ||
Act of the 96th General Assembly, the Department shall | ||
promulgate rules, pursuant to the Illinois Administrative | ||
Procedure Act and consistent with Section 903(f)(3)(B) of the | ||
Social Security Act, to clarify and provide guidance regarding |
eligibility and the prevention of fraud. | ||
(Source: P.A. 95-736, eff. 7-16-08.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|