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Public Act 094-0152
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| SB0426 Enrolled |
LRB094 10557 WGH 40853 b |
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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 Unemployment Insurance Act is amended by |
changing Section 1502.1 as follows:
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(820 ILCS 405/1502.1) (from Ch. 48, par. 572.1)
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Sec. 1502.1. Employer's benefit charges.
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A. Benefit charges which result from payments to any |
claimant made on or
after July 1, 1989 shall be charged:
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1. For benefit years beginning prior to July 1, 1989, |
to
each employer who paid wages to the claimant during his |
base period;
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2. For benefit years beginning on or after July 1,
1989 |
but before January 1, 1993, to the later of:
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a. the last employer prior to the beginning of the |
claimant's benefit
year:
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i. from whom the claimant was separated or who, |
by reduction of work
offered, caused the claimant |
to become unemployed as defined in Section 239,
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and,
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ii. for whom the claimant performed services |
in employment, on each of
30 days whether or not |
such days are consecutive, provided that the wages |
for
such services were earned during the period |
from the beginning of the
claimant's base period to |
the beginning of the claimant's benefit year; but
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that employer shall not be charged if:
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(1) the claimant's last separation from |
that employer was a
voluntary leaving without |
good cause, as the term is used in Section 601A |
or
under the circumstances described in |
paragraphs 1 and 2 of Section 601B; or
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(2) the claimant's last separation from |
that employer was a
discharge for misconduct or |
a felony or theft connected with his work from |
that
employer, as these terms are used in |
Section 602; or
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(3) after his last separation from that |
employer, prior to the
beginning of his benefit |
year, the claimant refused to accept an offer |
of or to
apply for suitable work from that |
employer without good cause, as these terms
are |
used in Section 603; or
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(4) the claimant, following his last |
separation from that employer,
prior to the |
beginning of his benefit year, is ineligible or |
would have
been ineligible under Section 612 if |
he has or had had base period wages
from the |
employers to which that Section applies; or
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(5) the claimant subsequently performed |
services for at least 30
days for an individual |
or organization which is not an employer |
subject to
this Act; or
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b. the single employer who pays wages to the |
claimant that allow him
to requalify for benefits after |
disqualification under Section 601, 602 or 603,
if:
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i. the disqualifying event occurred prior to |
the beginning of the
claimant's benefit year, and
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ii. the requalification occurred after the |
beginning of the claimant's
benefit year, and
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iii. even if the 30 day requirement given in |
this paragraph is not
satisfied; but
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iv. the requalifying employer shall not be |
charged if the claimant is
held ineligible with |
respect to that requalifying employer under |
Section
601, 602 or 603.
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3. For benefit years beginning on or after January 1, |
1993, with
respect to each week for which benefits are |
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paid, to the later of:
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a. the last employer:
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i. from whom the claimant was separated or who, |
by reduction of
work offered, caused the claimant |
to become unemployed as defined in Section
239, and
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ii. for whom the claimant performed services |
in employment, on
each of 30 days whether or not |
such days are consecutive, provided that the
wages |
for such services were earned since the beginning |
of the claimant's
base period; but that employer |
shall not be charged if:
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(1) the claimant's separation from that |
employer was a voluntary
leaving without good |
cause, as the term is used in Section 601A or |
under
the circumstances described in |
paragraphs 1, 2, and 6 of
Section 601B; or
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(2) the claimant's separation from that |
employer was a discharge
for misconduct or a |
felony or theft connected with his work from |
that
employer, as these terms are used in |
Section 602; or
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(3) the claimant refused to accept an |
offer of or to apply for
suitable work from |
that employer without good cause, as these |
terms are
used in Section 603 (but only for |
weeks following the refusal of work); or
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(4) the claimant subsequently performed |
services for at least 30
days for an individual |
or organization which is not an employer |
subject to this
Act; or
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(5) the claimant, following his separation |
from that employer, is
ineligible or would have |
been ineligible under Section 612 if he has or |
had
had base period wages from the employers to |
which that Section applies
(but only for the |
period of ineligibility or potential |
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ineligibility); or
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b. the single employer who pays wages to the |
claimant that allow him
to requalify for benefits after |
disqualification under Section 601, 602, or
603, even |
if the 30 day requirement given in this paragraph is |
not
satisfied; but the requalifying employer shall not |
be charged if the
claimant is held ineligible with |
respect to that requalifying employer
under Section |
601, 602, or 603.
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B. Whenever a claimant is ineligible pursuant to Section |
614 on the
basis of wages paid during his base period, any days |
on which such wages
were earned shall not be counted in |
determining whether that claimant
performed services during at |
least 30 days for the employer that paid such
wages as required |
by paragraphs 2 and 3 of subsection A.
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C. If no employer meets the requirements of paragraph 2 or |
3 of subsection
A, then no employer will be chargeable for any |
benefit charges which result
from the payment of benefits to |
the claimant for that benefit year.
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D. Notwithstanding the preceding provisions of this |
Section, no employer
shall be chargeable for any benefit |
charges which result from the payment of
benefits to any |
claimant after the effective date of this amendatory Act of
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1992 where the claimant's separation from that employer |
occurred
as a result of his detention, incarceration, or |
imprisonment under State,
local, or federal law.
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D-1. Notwithstanding any other provision of this Act, |
including those affecting finality of benefit charges or rates
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Section, an employer shall not be chargeable for any benefit |
charges which result from the payment of benefits to an |
individual for any week of unemployment after January 1, 2003,
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during the period that the employer's business is closed solely |
because of the entrance of the employer, one or more of the |
partners or officers of the employer, or the majority |
stockholder of the employer into active duty in the Illinois |
National Guard or the Armed Forces of the United States.
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E. For the purposes of Sections 302, 409, 701, 1403, 1404, |
1405 and
1508.1, last employer means the employer that:
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1. is charged for benefit payments which become benefit |
charges under this
Section, or
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2. would have been liable for such benefit charges if |
it had not elected
to make payments in lieu of |
contributions.
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(Source: P.A. 93-634, eff. 1-1-04; 93-1012, eff. 8-24-04.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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