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1 | | Economic Opportunity, or his or her designee, shall serve as a |
2 | | member. The Governor shall appoint the following individuals to |
3 | | serve as members within 30 days after the effective date of |
4 | | this amendatory Act of the 101st General Assembly : a |
5 | | representative from a contractor organization; a |
6 | | representative from a labor organization; and 2 members of the |
7 | | public with workforce development expertise, one of whom shall |
8 | | be a representative of a nonprofit organization that addresses |
9 | | workforce development. |
10 | | (b) The members of the Illinois Works Review Panel shall |
11 | | make recommendations to the Department regarding |
12 | | identification and evaluation of community-based |
13 | | organizations. |
14 | | (c) The Illinois Works Review Panel shall meet, at least |
15 | | quarterly, to review and evaluate (i) the Illinois Works |
16 | | Preapprenticeship Program and the Illinois Works |
17 | | Apprenticeship Initiative, (ii) ideas to diversify the trainee |
18 | | corps in the Illinois Works Preapprenticeship Program and the |
19 | | workforce in the construction industry in Illinois, (iii) ideas |
20 | | to increase diversity in active apprenticeship programs in |
21 | | Illinois, and (iv) workforce demographic data collected by the |
22 | | Illinois Department of Labor. The Illinois Works Review Panel |
23 | | shall hold its initial meeting no later than 45 days after the |
24 | | effective date of this amendatory Act of the 101st General |
25 | | Assembly. |
26 | | (d) All State contracts and grant agreements funding State |
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1 | | contracts shall include a requirement that the contractor and |
2 | | subcontractor shall, upon reasonable notice, appear before and |
3 | | respond to requests for information from the Illinois Works |
4 | | Review Panel. |
5 | | (e) By August 1, 2020, and every August 1 thereafter, the |
6 | | Illinois Works Review Panel shall report to the General |
7 | | Assembly on its evaluation of the Illinois Works |
8 | | Preapprenticeship Program and the Illinois Works |
9 | | Apprenticeship Initiative, including any recommended |
10 | | modifications.
|
11 | | (Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
|
12 | | Section 10. The Illinois Pension Code is amended by |
13 | | changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
|
14 | | (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
|
15 | | Sec. 5-144. Death from injury in the performance of acts of |
16 | | duty;
compensation annuity and supplemental annuity. |
17 | | (a) Beginning January 1, 1986, and without regard to |
18 | | whether or not the
annuity in question began before that date, |
19 | | if the annuity for the widow of a
policeman whose death, on or |
20 | | after January 1, 1940, results from injury
incurred in the |
21 | | performance of an act or acts of duty, is not equal to the sum
|
22 | | hereinafter stated, "compensation annuity" equal to the |
23 | | difference between the
annuity and an amount equal to 75% of |
24 | | the policeman's salary attached to the
position he held by |
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1 | | certification and appointment as a result of competitive
civil |
2 | | service examination that would ordinarily have been paid to him |
3 | | as though
he were in active discharge of his duties shall be |
4 | | payable to the widow until
the policeman, had he lived, would |
5 | | have attained age 63. The total amount of
the widow's annuity |
6 | | and children's awards payable to the family of such
policeman |
7 | | shall not exceed the amounts stated in Section 5-152.
|
8 | | For the purposes of this Section only, the death of any |
9 | | policeman as a result of the exposure to and contraction of |
10 | | COVID-19, as evidenced by either (i) a confirmed positive |
11 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a |
12 | | confirmed diagnosis of COVID-19 from a licensed medical |
13 | | professional, shall be rebuttably presumed to have been |
14 | | contracted while in the performance of an act or acts of duty |
15 | | and the policeman shall be rebuttably presumed to have been |
16 | | fatally injured while in active service. The presumption shall |
17 | | apply to any policeman who was exposed to and contracted |
18 | | COVID-19 on or after March 9, 2020 and on or before December |
19 | | 31, 2020; except that the presumption shall not apply if the |
20 | | policeman was on a leave of absence from his or her employment |
21 | | or otherwise not required to report for duty for a period of 14 |
22 | | or more consecutive days immediately prior to the date of |
23 | | contraction of COVID-19. For the purposes of determining when a |
24 | | policeman contracted COVID-19 under this paragraph, the date of |
25 | | contraction is either the date that the policeman was diagnosed |
26 | | with COVID-19 or was unable to work due to symptoms that were |
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1 | | later diagnosed as COVID-19, whichever occurred first. |
2 | | The provisions of this Section, as amended by Public Act |
3 | | 84-1104, including
the reference to the date upon which the |
4 | | deceased policeman would have attained
age 63, shall apply to |
5 | | all widows of policemen whose death occurs on or after
January |
6 | | 1, 1940 due to injury incurred in the performance of an act of |
7 | | duty,
regardless of whether such death occurred prior to |
8 | | September 17, 1969. For
those widows of policemen that died |
9 | | prior to September 17, 1969, who became
eligible for |
10 | | compensation annuity by the action of Public Act 84-1104, such
|
11 | | compensation annuity shall begin and be calculated from January |
12 | | 1, 1986. The
provisions of this amendatory Act of 1987 are |
13 | | intended to restate and clarify
the intent of Public Act |
14 | | 84-1104, and do not make any substantive change.
|
15 | | (b) Upon termination of the compensation annuity, |
16 | | "supplemental annuity"
shall become payable to the widow, equal |
17 | | to the difference between the annuity
for the widow and an |
18 | | amount equal to 75% of the annual salary
(including all salary |
19 | | increases and longevity raises) that the policeman would
have |
20 | | been receiving when he attained age 63 if the policeman had |
21 | | continued in
service at the same rank (whether career service |
22 | | or exempt) that he last held
in the police department. The |
23 | | increase in supplemental annuity resulting from
this |
24 | | amendatory Act of the 92nd General Assembly applies without
|
25 | | regard to whether the deceased policeman was in service on or |
26 | | after the
effective date of this amendatory Act and is payable |
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1 | | from July 1, 2002 or the
date upon which the supplemental |
2 | | annuity begins,
whichever is later.
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3 | | (c) Neither compensation nor supplemental annuity shall be |
4 | | paid unless the
death of the policeman was a direct result of |
5 | | the injury, or the injury was
of such character as to prevent |
6 | | him from subsequently resuming service as a
policeman; nor |
7 | | shall compensation or supplemental annuity be paid unless the
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8 | | widow was the wife of the policeman when the injury occurred.
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9 | | (Source: P.A. 92-599, eff. 6-28-02.)
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10 | | (40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
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11 | | Sec. 5-153. Death benefit. |
12 | | (a) Effective January 1, 1962, an ordinary death benefit is |
13 | | payable
on account of any policeman in service and in receipt |
14 | | of salary on or
after such date, which benefit is in addition |
15 | | to all other annuities and
benefits herein provided. This |
16 | | benefit is payable upon death of a
policeman:
|
17 | | (1) occurring in active service while in receipt of |
18 | | salary;
|
19 | | (2) on an authorized and approved leave of absence, |
20 | | without salary,
beginning on or after January 1, 1962, if |
21 | | the death occurs within 60
days from the date the employee |
22 | | was in receipt of salary; or otherwise
in the service and |
23 | | not separated by resignation or discharge beginning
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24 | | January 1, 1962 if death occurs before his resignation or |
25 | | discharge from
the service;
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1 | | (3) receiving duty disability or ordinary disability |
2 | | benefit;
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3 | | (4) occurring within 60 days from the date of |
4 | | termination of duty
disability or ordinary disability |
5 | | benefit payments if re-entry into
service had not occurred; |
6 | | or
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7 | | (5) occurring on retirement and while in receipt of an |
8 | | age and
service annuity, Tier 2 monthly retirement annuity, |
9 | | or prior service annuity; provided (a) retirement on such
|
10 | | annuity occurred on or after January 1, 1962, and (b) such |
11 | | separation
from service was effective on or after the |
12 | | policeman's attainment of age
50, and (c) application for |
13 | | such annuity was made within 60 days after
separation from |
14 | | service.
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15 | | (b) The ordinary death benefit is payable to such |
16 | | beneficiary or
beneficiaries as the policeman has nominated by |
17 | | written direction duly
signed and acknowledged before an |
18 | | officer authorized to take
acknowledgments, and filed with the |
19 | | board. If no such written direction
has been filed or if the |
20 | | designated beneficiaries do not survive the
policeman, payment |
21 | | of the benefit shall be made to his estate.
|
22 | | (c) Until December 31, 1977, if death occurs prior to |
23 | | retirement on annuity
and before the
policeman's attainment of |
24 | | age 50, the amount of the benefit payable is
$6,000. If death |
25 | | occurs prior to retirement, at age 50 or over, the
benefit of |
26 | | $6,000 shall be reduced $400 for each year (commencing on the
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1 | | policeman's attainment of age 50, and thereafter on each |
2 | | succeeding
birthdate) that the policeman's age, at date of |
3 | | death, is more than age
50, but in no event below the amount of |
4 | | $2,000. However, if death
results from injury incurred in the |
5 | | performance of an act or acts of
duty, prior to retirement on |
6 | | annuity, the amount of the benefit payable
is $6,000 |
7 | | notwithstanding the age attained.
|
8 | | Until December 31, 1977, if the policeman's death occurs |
9 | | while he is in
receipt of an annuity,
the benefit is $2,000 if |
10 | | retirement was effective upon attainment of age
55 or greater. |
11 | | If the policeman retired at age 50 or over and before age
55, |
12 | | the benefit of $2,000 shall be reduced $100 for each year or
|
13 | | fraction of a year that the policeman's age at retirement was |
14 | | less than
age 55 to a minimum payment of $1,500.
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15 | | After December 31, 1977, and on or before January 1, 1986, |
16 | | if death
occurs prior to retirement on annuity
and before the |
17 | | policeman's attainment of age 50, the amount of the benefit
|
18 | | payable is $7,000. If death occurs prior to retirement, at age |
19 | | 50 or over,
the benefit of $7,000 shall be reduced $400 for |
20 | | each year (commencing on
the policeman's attainment of age 50, |
21 | | and thereafter on each succeeding
birthdate) that the |
22 | | policeman's age, at date of death, is more than age
50, but in |
23 | | no event below the amount of $3,000. However, if death results
|
24 | | from injury incurred in the performance of an act or acts of |
25 | | duty, prior
to retirement on annuity, the amount of the benefit |
26 | | payable is $7,000 notwithstanding
the age attained.
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1 | | After December 31, 1977, and on or before January 1, 1986, |
2 | | if the
policeman's death occurs while he is in
receipt of an |
3 | | annuity, the benefit is $2,250 if retirement was effective
upon |
4 | | attainment of age 55 or greater. If the policeman retired at |
5 | | age 50
or over and before age 55, the benefit of $2,250 shall |
6 | | be reduced $100 for
each year or fraction of a year that the |
7 | | policeman's age at retirement was
less than age 55 to a minimum |
8 | | payment of $1,750.
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9 | | After January 1, 1986, if death occurs prior to retirement |
10 | | on annuity and
before the policeman's attainment of age 50, the |
11 | | amount of benefit payable
is $12,000. If death occurs prior to |
12 | | retirement, at age 50 or over, the
benefit of $12,000 shall be |
13 | | reduced $400 for each year (commencing on the
policeman's |
14 | | attainment of age 50, and thereafter on each succeeding
|
15 | | birthdate) that the policeman's age, at date of death, is more |
16 | | than age 50,
but in no event below the amount of $6,000. |
17 | | However, if death results from
injury in the performance of an |
18 | | act or acts of duty, prior to retirement on
annuity, the amount |
19 | | of benefit payable is $12,000 notwithstanding the age attained.
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20 | | After January 1, 1986, if the policeman's death occurs |
21 | | while he is in
receipt of an annuity, the benefit is $6,000.
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22 | | (d) For the purposes of this Section only, the death of any |
23 | | policeman as a result of the exposure to and contraction of |
24 | | COVID-19, as evidenced by either (i) a confirmed positive |
25 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a |
26 | | confirmed diagnosis of COVID-19 from a licensed medical |
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1 | | professional, shall be rebuttably presumed to have been |
2 | | contracted while in the performance of an act or acts of duty |
3 | | and the policeman shall be rebuttably presumed to have been |
4 | | fatally injured while in active service. The presumption shall |
5 | | apply to any policeman who was exposed to and contracted |
6 | | COVID-19 on or after March 9, 2020 and on or before December |
7 | | 31, 2020; except that the presumption shall not apply if the |
8 | | policeman was on a leave of absence from his or her employment |
9 | | or otherwise not required to report for duty for a period of 14 |
10 | | or more consecutive days immediately prior to the date of |
11 | | contraction of COVID-19. For the purposes of determining when a |
12 | | policeman contracted COVID-19 under this subsection, the date |
13 | | of contraction is either the date that the policeman was |
14 | | diagnosed with COVID-19 or was unable to work due to symptoms |
15 | | that were later diagnosed as COVID-19, whichever occurred |
16 | | first. |
17 | | (Source: P.A. 99-905, eff. 11-29-16.)
|
18 | | (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
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19 | | Sec. 6-140. Death in the line of duty.
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20 | | (a) The annuity for the widow of a fireman whose death |
21 | | results from
the performance of an act or acts of duty shall be |
22 | | an amount equal to 50% of
the current annual salary attached to |
23 | | the classified position to which the
fireman was certified at |
24 | | the time of his death and 75% thereof after
December 31, 1972.
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25 | | Unless the performance of an act or acts of duty results |
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1 | | directly in the
death of the fireman, or prevents him from |
2 | | subsequently resuming active
service in the fire department, |
3 | | the annuity herein provided shall not be
paid; nor shall such |
4 | | annuities be paid unless the widow was the wife of the
fireman |
5 | | at the time of the act or acts of duty which resulted in his |
6 | | death.
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7 | | For the purposes of this Section only, the death of any |
8 | | fireman as a result of the exposure to and contraction of |
9 | | COVID-19, as evidenced by either (i) a confirmed positive |
10 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a |
11 | | confirmed diagnosis of COVID-19 from a licensed medical |
12 | | professional, shall be rebuttably presumed to have been |
13 | | contracted while in the performance of an act or acts of duty |
14 | | and the fireman shall be rebuttably presumed to have been |
15 | | fatally injured while in active service. The presumption shall |
16 | | apply to any fireman who was exposed to and contracted COVID-19 |
17 | | on or after March 9, 2020 and on or before December 31, 2020; |
18 | | except that the presumption shall not apply if the fireman was |
19 | | on a leave of absence from his or her employment or otherwise |
20 | | not required to report for duty for a period of 14 or more |
21 | | consecutive days immediately prior to the date of contraction |
22 | | of COVID-19. For the purposes of determining when a fireman |
23 | | contracted COVID-19 under this paragraph, the date of |
24 | | contraction is either the date that the fireman was diagnosed |
25 | | with COVID-19 or was unable to work due to symptoms that were |
26 | | later diagnosed as COVID-19, whichever occurred first. |
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1 | | (b) The changes made to this Section by this amendatory Act |
2 | | of the 92nd
General Assembly apply without regard to whether |
3 | | the deceased fireman was in
service on or after the effective |
4 | | date of this amendatory Act. In the case of
a widow receiving |
5 | | an annuity under this Section that has been reduced to 40%
of |
6 | | current salary because the fireman, had he lived, would have |
7 | | attained the
age prescribed for compulsory retirement, the |
8 | | annuity shall be restored to the
amount provided in subsection |
9 | | (a), with the increase beginning to accrue on
the later of |
10 | | January 1, 2001 or the day the annuity first became payable.
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11 | | (Source: P.A. 92-50, eff. 7-12-01.)
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12 | | (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
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13 | | Sec. 6-150. Death benefit. |
14 | | (a) Effective January 1, 1962, an ordinary death benefit |
15 | | shall
be payable on account of any fireman in service and in |
16 | | receipt of salary on
or after such date, which benefit shall be |
17 | | in addition to all other
annuities and benefits herein |
18 | | provided. This benefit shall be payable upon
death of a |
19 | | fireman:
|
20 | | (1) occurring in active service while in receipt of |
21 | | salary;
|
22 | | (2) on an authorized and approved leave of absence, |
23 | | without salary,
beginning on or after January 1, 1962, if |
24 | | the death occurs within 60 days
from the date the fireman |
25 | | was in receipt of salary;
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1 | | (3) receiving duty, occupational disease, or ordinary |
2 | | disability
benefit;
|
3 | | (4) occurring within 60 days from the date of |
4 | | termination of duty
disability, occupational disease |
5 | | disability or ordinary disability benefit
payments if |
6 | | re-entry into service had not occurred; or
|
7 | | (5) occurring on retirement and while in receipt of an |
8 | | age and service annuity,
prior service annuity, Tier 2 |
9 | | monthly retirement annuity, or minimum annuity; provided |
10 | | (a) retirement on such
annuity occurred on or after January |
11 | | 1, 1962, and (b) such separation from
service was effective |
12 | | on or after the fireman's attainment of age 50, and
(c) |
13 | | application for such annuity was made within 60 days after |
14 | | separation
from service.
|
15 | | (b) The ordinary death benefit shall be payable to such |
16 | | beneficiary or
beneficiaries as the fireman has nominated by |
17 | | written direction duly signed
and acknowledged before an |
18 | | officer authorized to take acknowledgments, and
filed with the |
19 | | board. If no such written direction has been filed or if the
|
20 | | designated beneficiaries do not survive the fireman, payment of |
21 | | the benefit
shall be made to his estate.
|
22 | | (c) Beginning July 1, 1983, if death occurs prior to |
23 | | retirement on
annuity and before the
fireman's attainment of |
24 | | age 50, the amount of the benefit payable shall be
$12,000. |
25 | | Beginning July 1, 1983, if death occurs prior
to retirement, at |
26 | | age 50 or over, the benefit
of $12,000 shall be reduced $400 |
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1 | | for each year
(commencing on the fireman's
attainment of age 50 |
2 | | and thereafter on each succeeding birth date) that the
|
3 | | fireman's age, at date of death, is more than age 49, but in no |
4 | | event below
the amount of $6,000.
|
5 | | Beginning July 1, 1983, if the fireman's death occurs while |
6 | | he is in
receipt of an annuity, the
benefit shall be $6,000.
|
7 | | (d) For the purposes of this Section only, the death of any |
8 | | fireman as a result of the exposure to and contraction of |
9 | | COVID-19, as evidenced by either (i) a confirmed positive |
10 | | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a |
11 | | confirmed diagnosis of COVID-19 from a licensed medical |
12 | | professional, shall be rebuttably presumed to have been |
13 | | contracted while in the performance of an act or acts of duty |
14 | | and the fireman shall be rebuttably presumed to have been |
15 | | fatally injured while in active service. The presumption shall |
16 | | apply to any fireman who was exposed to and contracted COVID-19 |
17 | | on or after March 9, 2020 and on or before December 31, 2020; |
18 | | except that the presumption shall not apply if the fireman was |
19 | | on a leave of absence from his or her employment or otherwise |
20 | | not required to report for duty for a period of 14 or more |
21 | | consecutive days immediately prior to the date of contraction |
22 | | of COVID-19. For the purposes of determining when a fireman |
23 | | contracted COVID-19 under this subsection, the date of |
24 | | contraction is either the date that the fireman was diagnosed |
25 | | with COVID-19 or was unable to work due to symptoms that were |
26 | | later diagnosed as COVID-19, whichever occurred first. |
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1 | | (Source: P.A. 99-905, eff. 11-29-16.)
|
2 | | Section 15. The Workers' Occupational Diseases Act is |
3 | | amended by changing Section 1 as follows:
|
4 | | (820 ILCS 310/1) (from Ch. 48, par. 172.36)
|
5 | | Sec. 1. This Act shall be known and may be cited as the |
6 | | "Workers'
Occupational Diseases Act".
|
7 | | (a) The term "employer" as used in this Act shall be |
8 | | construed to
be:
|
9 | | 1. The State and each county, city, town, township, |
10 | | incorporated
village, school district, body politic, or |
11 | | municipal corporation
therein.
|
12 | | 2. Every person, firm, public or private corporation, |
13 | | including
hospitals, public service, eleemosynary, |
14 | | religious or charitable
corporations or associations, who |
15 | | has any person in service or under any
contract for hire, |
16 | | express or implied, oral or written.
|
17 | | 3. Where an employer operating under and subject to the |
18 | | provisions
of this Act loans an employee to another such |
19 | | employer and such loaned
employee sustains a compensable |
20 | | occupational disease in the employment
of such borrowing |
21 | | employer and where such borrowing employer does not
provide |
22 | | or pay the benefits or payments due such employee, such |
23 | | loaning
employer shall be liable to provide or pay all |
24 | | benefits or payments due
such employee under this Act and |
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1 | | as to such employee the liability of
such loaning and |
2 | | borrowing employers shall be joint and several,
provided |
3 | | that such loaning employer shall in the absence of |
4 | | agreement to
the contrary be entitled to receive from such |
5 | | borrowing employer full
reimbursement for all sums paid or |
6 | | incurred pursuant to this paragraph
together with |
7 | | reasonable attorneys' fees and expenses in any hearings
|
8 | | before the Illinois Workers' Compensation Commission or in |
9 | | any action to secure such
reimbursement. Where any benefit |
10 | | is provided or paid by such loaning
employer, the employee |
11 | | shall have the duty of rendering reasonable
co-operation in |
12 | | any hearings, trials or proceedings in the case,
including |
13 | | such proceedings for reimbursement.
|
14 | | Where an employee files an Application for Adjustment |
15 | | of Claim with
the Illinois Workers' Compensation |
16 | | Commission alleging that his or her claim is covered by
the |
17 | | provisions of the preceding paragraph, and joining both the |
18 | | alleged
loaning and borrowing employers, they and each of |
19 | | them, upon written
demand by the employee and within 7 days |
20 | | after receipt of such demand,
shall have the duty of filing |
21 | | with the Illinois Workers' Compensation Commission a |
22 | | written
admission or denial of the allegation that the |
23 | | claim is covered by the
provisions of the preceding |
24 | | paragraph and in default of such filing or
if any such |
25 | | denial be ultimately determined not to have been bona fide
|
26 | | then the provisions of Paragraph K of Section 19 of this |
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1 | | Act shall
apply.
|
2 | | An employer whose business or enterprise or a |
3 | | substantial part
thereof consists of hiring, procuring or |
4 | | furnishing employees to or for
other employers operating |
5 | | under and subject to the provisions of this
Act for the |
6 | | performance of the work of such other employers and who |
7 | | pays
such employees their salary or wage notwithstanding |
8 | | that they are doing
the work of such other employers shall |
9 | | be deemed a loaning employer
within the meaning and |
10 | | provisions of this Section.
|
11 | | (b) The term "employee" as used in this Act, shall be |
12 | | construed to
mean:
|
13 | | 1. Every person in the service of the State, county, |
14 | | city, town,
township, incorporated village or school |
15 | | district, body politic or
municipal corporation therein, |
16 | | whether by election, appointment or
contract of hire, |
17 | | express or implied, oral or written, including any
official |
18 | | of the State, or of any county, city, town, township,
|
19 | | incorporated village, school district, body politic or |
20 | | municipal
corporation therein and except any duly |
21 | | appointed member of the fire
department in any city whose |
22 | | population exceeds 500,000 according to the
last Federal or |
23 | | State census, and except any member of a fire insurance
|
24 | | patrol maintained by a board of underwriters in this State. |
25 | | One employed
by a contractor who has contracted with the |
26 | | State, or a county, city,
town, township, incorporated |
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1 | | village, school district, body politic or
municipal |
2 | | corporation therein, through its representatives, shall |
3 | | not be
considered as an employee of the State, county, |
4 | | city, town, township,
incorporated village, school |
5 | | district, body politic or municipal
corporation which made |
6 | | the contract.
|
7 | | 2. Every person in the service of another under any |
8 | | contract of
hire, express or implied, oral or written, who |
9 | | contracts an occupational
disease while working in the |
10 | | State of Illinois, or who contracts an
occupational disease |
11 | | while working outside of the State of Illinois but
where |
12 | | the contract of hire is made within the State of Illinois, |
13 | | and any
person whose employment is principally localized |
14 | | within the State of
Illinois, regardless of the place where |
15 | | the disease was contracted or
place where the contract of |
16 | | hire was made, including aliens, and minors
who, for the |
17 | | purpose of this Act, except Section 3 hereof, shall be
|
18 | | considered the same and have the same power to contract, |
19 | | receive
payments and give quittances therefor, as adult |
20 | | employees. An employee
or his or her dependents under this |
21 | | Act who shall have a cause of action
by reason of an |
22 | | occupational disease, disablement or death arising out
of |
23 | | and in the course of his or her employment may elect or |
24 | | pursue
his or her remedy in the State where the disease was |
25 | | contracted, or in the
State where the contract of hire is |
26 | | made, or in the State where the
employment is principally |
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1 | | localized.
|
2 | | (c) "Commission" means the Illinois Workers' Compensation |
3 | | Commission created by the
Workers' Compensation Act, approved |
4 | | July 9, 1951, as amended.
|
5 | | (d) In this Act the term "Occupational Disease" means a |
6 | | disease
arising out of and in the course of the employment or |
7 | | which has become
aggravated and rendered disabling as a result |
8 | | of the exposure of the
employment. Such aggravation shall arise |
9 | | out of a risk peculiar to or
increased by the employment and |
10 | | not common to the general public.
|
11 | | A disease shall be deemed to arise out of the employment if |
12 | | there is
apparent to the rational mind, upon consideration of |
13 | | all the
circumstances, a causal connection between the |
14 | | conditions under which
the work is performed and the |
15 | | occupational disease. The disease need not
to have been |
16 | | foreseen or expected but after its contraction it must
appear |
17 | | to have had its origin or aggravation in a risk connected with
|
18 | | the employment and to have flowed from that source as a |
19 | | rational
consequence.
|
20 | | An employee shall be conclusively deemed to have been |
21 | | exposed to the
hazards of an occupational disease when, for any |
22 | | length of time however
short, he or she is employed in an |
23 | | occupation or process in which the
hazard of the disease |
24 | | exists; provided however, that in a claim of
exposure to atomic |
25 | | radiation, the fact of such exposure must be verified
by the |
26 | | records of the central registry of radiation exposure |
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1 | | maintained
by the Department of Public Health or by some other |
2 | | recognized
governmental agency maintaining records of such |
3 | | exposures whenever and
to the extent that the records are on |
4 | | file with the Department of Public
Health or the agency. |
5 | | Any injury to or disease or death of an employee arising |
6 | | from the administration of a vaccine, including without |
7 | | limitation smallpox vaccine, to prepare for, or as a response |
8 | | to, a threatened or potential bioterrorist incident to the |
9 | | employee as part of a voluntary inoculation program in |
10 | | connection with the person's employment or in connection with |
11 | | any governmental program or recommendation for the inoculation |
12 | | of workers in the employee's occupation, geographical area, or |
13 | | other category that includes the employee is deemed to arise |
14 | | out of and in the course of the employment for all purposes |
15 | | under this Act. This paragraph added by Public Act 93-829 is |
16 | | declarative of existing law and is not a new enactment.
|
17 | | The employer liable for the compensation in this Act |
18 | | provided shall
be the employer in whose employment the employee |
19 | | was last exposed to the
hazard of the occupational disease |
20 | | claimed upon regardless of the length
of time of such last |
21 | | exposure, except, in cases of silicosis or
asbestosis, the only |
22 | | employer liable shall be the last employer in whose
employment |
23 | | the employee was last exposed during a period of 60 days or
|
24 | | more after the effective date of this Act, to the hazard of |
25 | | such
occupational disease, and, in such cases, an exposure |
26 | | during a period of
less than 60 days, after the effective date |
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1 | | of this Act, shall not be
deemed a last exposure. If a miner |
2 | | who is suffering or suffered from
pneumoconiosis was employed |
3 | | for 10 years or more in one or more coal
mines there shall, |
4 | | effective July 1, 1973 be a rebuttable presumption
that his or |
5 | | her pneumoconiosis arose out of such employment.
|
6 | | If a deceased miner was employed for 10 years or more in |
7 | | one or more
coal mines and died from a respirable disease there |
8 | | shall, effective
July 1, 1973, be a rebuttable presumption that |
9 | | his or her death was due
to pneumoconiosis.
|
10 | | Any condition or impairment of health of an employee |
11 | | employed as a
firefighter, emergency medical technician (EMT), |
12 | | emergency medical technician-intermediate (EMT-I), advanced |
13 | | emergency medical technician (A-EMT), or paramedic which |
14 | | results
directly or indirectly from any bloodborne pathogen, |
15 | | lung or respiratory
disease
or
condition, heart
or vascular |
16 | | disease or condition, hypertension, tuberculosis, or cancer
|
17 | | resulting
in any disability (temporary, permanent, total, or |
18 | | partial) to the employee
shall be rebuttably presumed to arise |
19 | | out of and in the course of the
employee's firefighting, EMT, |
20 | | EMT-I, A-EMT, or paramedic employment and, further, shall be
|
21 | | rebuttably presumed to be causally connected to the hazards or |
22 | | exposures of
the employment. This presumption shall also apply |
23 | | to any hernia or hearing
loss suffered by an employee employed |
24 | | as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However, |
25 | | this presumption shall not apply to any employee who has been |
26 | | employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for |
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1 | | less than 5 years at the time he or she files an Application |
2 | | for Adjustment of Claim concerning this condition or impairment |
3 | | with the Illinois Workers' Compensation Commission. The |
4 | | rebuttable presumption established under this subsection, |
5 | | however, does not apply to an emergency medical technician |
6 | | (EMT), emergency medical technician-intermediate (EMT-I), |
7 | | advanced emergency medical technician (A-EMT), or paramedic |
8 | | employed by a private employer if the employee spends the |
9 | | preponderance of his or her work time for that employer engaged |
10 | | in medical transfers between medical care facilities or |
11 | | non-emergency medical transfers to or from medical care |
12 | | facilities. The changes made to this subsection by this |
13 | | amendatory Act of the 98th General Assembly shall be narrowly |
14 | | construed. The Finding and Decision of the Illinois Workers' |
15 | | Compensation Commission under only the rebuttable presumption |
16 | | provision of this paragraph shall not be admissible or be |
17 | | deemed res judicata in any disability claim under the Illinois |
18 | | Pension Code arising out of the same medical condition; |
19 | | however, this sentence makes no change to the law set forth in |
20 | | Krohe v. City of Bloomington, 204 Ill.2d 392.
|
21 | | The insurance carrier liable shall be the carrier whose |
22 | | policy was in
effect covering the employer liable on the last |
23 | | day of the exposure
rendering such employer liable in |
24 | | accordance with the provisions of this
Act.
|
25 | | (e) "Disablement" means an impairment or partial |
26 | | impairment,
temporary or permanent, in the function of the body |
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1 | | or any of the
members of the body, or the event of becoming |
2 | | disabled from earning full
wages at the work in which the |
3 | | employee was engaged when last exposed to
the hazards of the |
4 | | occupational disease by the employer from whom he or
she claims |
5 | | compensation, or equal wages in other suitable employment;
and |
6 | | "disability" means the state of being so incapacitated.
|
7 | | (f) No compensation shall be payable for or on account of |
8 | | any
occupational disease unless disablement, as herein |
9 | | defined, occurs
within two years after the last day of the last |
10 | | exposure to the hazards
of the disease, except in cases of |
11 | | occupational disease caused by
berylliosis or by the inhalation |
12 | | of silica dust or asbestos dust and, in
such cases, within 3 |
13 | | years after the last day of the last exposure to
the hazards of |
14 | | such disease and except in the case of occupational
disease |
15 | | caused by exposure to radiological materials or equipment, and
|
16 | | in such case, within 25 years after the last day of last |
17 | | exposure to the
hazards of such disease.
|
18 | | (g)(1) In any proceeding before the Commission in which the |
19 | | employee is a COVID-19 first responder or front-line worker as |
20 | | defined in this subsection, if the employee's injury or |
21 | | occupational disease resulted from exposure to and contraction |
22 | | of COVID-19, the exposure and contraction shall be rebuttably |
23 | | presumed to have arisen out of and in the course of the |
24 | | employee's first responder or front-line worker employment and |
25 | | the injury or occupational disease shall be rebuttably presumed |
26 | | to be causally connected to the hazards or exposures of the |
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1 | | employee's first responder or front-line worker employment. |
2 | | (2) The term "COVID-19 first responder or front-line |
3 | | worker" means: all individuals employed as police, fire |
4 | | personnel, emergency medical technicians, or paramedics; all |
5 | | individuals employed and considered as first responders; all |
6 | | workers for health care providers, including nursing homes and |
7 | | rehabilitation facilities and home care workers; corrections |
8 | | officers; and any individuals employed by essential businesses |
9 | | and operations as defined in Executive Order 2020-10 dated |
10 | | March 20, 2020, as long as individuals employed by essential |
11 | | businesses and operations are required by their employment to |
12 | | encounter members of the general public or to work in |
13 | | employment locations of more than 15 employees. For purposes of |
14 | | this subsection only, an employee's home or place of residence |
15 | | is not a place of employment, except for home care workers. |
16 | | (3) The presumption created in this subsection may be |
17 | | rebutted by evidence, including, but not limited to, the |
18 | | following: |
19 | | (A) the employee was working from his or her home, on |
20 | | leave from his or her employment, or some combination |
21 | | thereof, for a period of 14 or more consecutive days |
22 | | immediately prior to the employee's injury, occupational |
23 | | disease, or period of incapacity resulted from exposure to |
24 | | COVID-19; or |
25 | | (B) the employer was engaging in and applying to the |
26 | | fullest extent possible or enforcing to the best of its |
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1 | | ability industry-specific workplace sanitation, social |
2 | | distancing, and health and safety practices based on |
3 | | updated guidance issued by the Centers for Disease Control |
4 | | and Prevention or Illinois Department of Public Health or |
5 | | was using a combination of administrative controls, |
6 | | engineering controls, or personal protective equipment to |
7 | | reduce the transmission of COVID-19 to all employees for at |
8 | | least 14 consecutive days prior to the employee's injury, |
9 | | occupational disease, or period of incapacity resulting |
10 | | from exposure to COVID-19. For purposes of this subsection, |
11 | | "updated" means the guidance in effect at least 14 days |
12 | | prior to the COVID-19 diagnosis. For purposes of this |
13 | | subsection, "personal protective equipment" means |
14 | | industry-specific equipment worn to minimize exposure to |
15 | | hazards that cause illnesses or serious injuries, which may |
16 | | result from contact with biological, chemical, |
17 | | radiological, physical, electrical, mechanical, or other |
18 | | workplace hazards. "Personal protective equipment" |
19 | | includes, but is not limited to, items such as face |
20 | | coverings, gloves, safety glasses, safety face shields, |
21 | | barriers, shoes, earplugs or muffs, hard hats, |
22 | | respirators, coveralls, vests, and full body suits; or |
23 | | (C) the employee was exposed to COVID-19 by an |
24 | | alternate source. |
25 | | (4) The rebuttable presumption created in this subsection |
26 | | applies to all cases tried after the effective date of this |
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1 | | amendatory Act of the 101st General Assembly and in which the |
2 | | diagnosis of COVID-19 was made on or after March 9, 2020 and on |
3 | | or before December 31, 2020. |
4 | | (5) Under no circumstances shall any COVID-19 case increase |
5 | | or affect any employer's workers' compensation insurance |
6 | | experience rating or modification, but COVID-19 costs may be |
7 | | included in determining overall State loss costs. |
8 | | (6) In order for the presumption created in this subsection |
9 | | to apply at trial, for COVID-19 diagnoses occurring on or |
10 | | before June 15, 2020, an employee must provide a confirmed |
11 | | medical diagnosis by a licensed medical practitioner or a |
12 | | positive laboratory test for COVID-19 or for COVID-19 |
13 | | antibodies; for COVID-19 diagnoses occurring after June 15, |
14 | | 2020, an employee must provide a positive laboratory test for |
15 | | COVID-19 or for COVID-19 antibodies. |
16 | | (7) The presumption created in this subsection does not |
17 | | apply if the employee's place of employment was solely the |
18 | | employee's home or residence for a period of 14 or more |
19 | | consecutive days immediately prior to the employee's injury, |
20 | | occupational disease, or period of incapacity resulted from |
21 | | exposure to COVID-19. |
22 | | (8) The date of injury or the beginning of the employee's |
23 | | occupational disease or period of disability is either the date |
24 | | that the employee was unable to work due to contraction of |
25 | | COVID-19 or was unable to work due to symptoms that were later |
26 | | diagnosed as COVID-19, whichever came first. |
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1 | | (9) An employee who contracts COVID-19, but fails to |
2 | | establish the rebuttable presumption is not precluded from |
3 | | filing for compensation under this Act or under the Workers' |
4 | | Compensation Act. |
5 | | (10) To qualify for temporary total disability benefits |
6 | | under the presumption created in this subsection, the employee |
7 | | must be certified for or recertified for temporary disability. |
8 | | (11) An employer is entitled to a credit against any |
9 | | liability for temporary total disability due to an employee as |
10 | | a result of the employee contracting COVID-19 for (A) any sick |
11 | | leave benefits or extended salary benefits paid to the employee |
12 | | by the employer under Emergency Family Medical Leave Expansion |
13 | | Act, Emergency Paid Sick Leave Act of the Families First |
14 | | Coronavirus Response Act, or any other federal law, or (B) any |
15 | | other credit to which an employer is entitled under the |
16 | | Workers' Compensation Act. |
17 | | (Source: P.A. 98-291, eff. 1-1-14; 98-973, eff. 8-15-14.)
|
18 | | Section 20. The Unemployment Insurance Act is amended by |
19 | | changing Sections 401, 409, 500, 612, 1505, and 1506.6 and by |
20 | | adding Section 1502.4 as follows:
|
21 | | (820 ILCS 405/401) (from Ch. 48, par. 401) |
22 | | Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
|
23 | | A. With respect to any week beginning in a benefit year |
24 | | beginning prior to January 4, 2004, an
individual's weekly |
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1 | | benefit amount shall be an amount equal to the weekly
benefit |
2 | | amount as defined in the provisions of this Act as amended and |
3 | | in effect on November 18, 2011.
|
4 | | B. 1.
With respect to any benefit year beginning on or |
5 | | after January 4, 2004 and
before January 6, 2008, an |
6 | | individual's weekly benefit amount shall be 48% of
his or her |
7 | | prior average weekly wage, rounded (if not already a multiple |
8 | | of one
dollar) to the next higher dollar; provided, however, |
9 | | that the weekly benefit
amount cannot exceed the maximum weekly |
10 | | benefit amount and cannot be less than
$51. Except as otherwise |
11 | | provided in this Section, with respect to any benefit year |
12 | | beginning on or after January 6, 2008, an
individual's weekly |
13 | | benefit amount shall be 47% of his or her prior average
weekly |
14 | | wage, rounded (if not already a multiple of one dollar) to the |
15 | | next
higher dollar; provided, however, that the weekly benefit |
16 | | amount cannot exceed
the maximum weekly benefit amount and |
17 | | cannot be less than $51.
With respect to any benefit year |
18 | | beginning in calendar year 2022, an individual's weekly benefit |
19 | | amount shall be 42.4% 40.6% of his or her prior average weekly |
20 | | wage, rounded (if not already a multiple of one dollar) to the |
21 | | next higher dollar; provided, however, that the weekly benefit |
22 | | amount cannot exceed the maximum weekly benefit amount and |
23 | | cannot be less than $51.
|
24 | | 2. For the purposes of this subsection:
|
25 | | An
individual's "prior average weekly wage" means the total |
26 | | wages for insured
work paid to that individual during the 2 |
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1 | | calendar quarters of his base
period in which such total wages |
2 | | were highest, divided by 26. If
the quotient is not already a |
3 | | multiple of one dollar, it shall be
rounded to the nearest |
4 | | dollar; however if the quotient is equally near
2 multiples of |
5 | | one dollar, it shall be rounded to the higher multiple of
one |
6 | | dollar.
|
7 | | "Determination date" means June 1 and December 1 of each |
8 | | calendar year except that, for the purposes
of this Act only, |
9 | | there shall be no June 1 determination date in any
year.
|
10 | | "Determination period" means, with respect to each June 1 |
11 | | determination
date, the 12 consecutive calendar months ending |
12 | | on the immediately preceding
December 31 and, with respect to |
13 | | each December 1 determination date, the
12 consecutive calendar |
14 | | months ending on the immediately preceding June 30.
|
15 | | "Benefit period" means the 12 consecutive calendar month |
16 | | period
beginning on the first day of the first calendar month |
17 | | immediately following
a determination date, except that, with |
18 | | respect to any calendar year
in which there is a June 1 |
19 | | determination date, "benefit period" shall mean
the 6 |
20 | | consecutive calendar month period beginning on the first day of |
21 | | the first
calendar month immediately following the preceding |
22 | | December 1 determination
date and the 6 consecutive calendar |
23 | | month period beginning on the first
day of the first calendar |
24 | | month immediately following the June 1 determination
date.
|
25 | | "Gross wages" means all the wages paid to individuals |
26 | | during the
determination period immediately preceding a |
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1 | | determination date for
insured work, and reported to the |
2 | | Director by employers prior to the
first day of the third |
3 | | calendar month preceding that date.
|
4 | | "Covered employment" for any calendar month means the total |
5 | | number of
individuals, as determined by the Director, engaged |
6 | | in insured work at
mid-month.
|
7 | | "Average monthly covered employment" means one-twelfth of |
8 | | the sum of
the covered employment for the 12 months of a |
9 | | determination period.
|
10 | | "Statewide average annual wage" means the quotient, |
11 | | obtained by
dividing gross wages by average monthly covered |
12 | | employment for the same
determination period, rounded (if not |
13 | | already a multiple of one cent) to
the nearest cent.
|
14 | | "Statewide average weekly wage" means the quotient, |
15 | | obtained by
dividing the statewide average annual wage by 52, |
16 | | rounded (if not
already a multiple of one cent) to the nearest |
17 | | cent. Notwithstanding any provision of this Section to the |
18 | | contrary, the statewide average weekly wage for any benefit |
19 | | period prior to calendar year 2012 shall be as determined by |
20 | | the provisions of this Act as amended and in effect on November |
21 | | 18, 2011. Notwithstanding any
provisions of this Section to the |
22 | | contrary, the statewide average weekly
wage for the benefit |
23 | | period of calendar year 2012 shall be $856.55 and for each |
24 | | calendar year
thereafter, the
statewide average weekly wage |
25 | | shall be the statewide
average weekly wage, as determined in |
26 | | accordance with
this sentence, for the immediately preceding |
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1 | | benefit
period plus (or minus) an amount equal to the |
2 | | percentage
change in the statewide average weekly wage, as |
3 | | computed
in accordance with the first sentence of this |
4 | | paragraph,
between the 2 immediately preceding benefit |
5 | | periods,
multiplied by the statewide average weekly wage, as
|
6 | | determined in accordance with this sentence, for the
|
7 | | immediately preceding benefit period.
However, for purposes of |
8 | | the
Workers'
Compensation Act, the statewide average weekly |
9 | | wage will be computed
using June 1 and December 1 determination |
10 | | dates of each calendar year and
such determination shall not be |
11 | | subject to the limitation of the statewide average weekly wage |
12 | | as
computed in accordance with the preceding sentence of this
|
13 | | paragraph.
|
14 | | With respect to any week beginning in a benefit year |
15 | | beginning prior to January 4, 2004, "maximum weekly benefit |
16 | | amount" with respect to each week beginning within a benefit |
17 | | period shall be as defined in the provisions of this Act as |
18 | | amended and in effect on November 18, 2011.
|
19 | | With respect to any benefit year beginning on or after |
20 | | January 4, 2004 and
before January 6, 2008, "maximum weekly |
21 | | benefit amount" with respect to each
week beginning within a |
22 | | benefit period means 48% of the statewide average
weekly wage, |
23 | | rounded (if not already a multiple of one dollar) to the next
|
24 | | higher dollar.
|
25 | | Except as otherwise provided in this Section, with respect |
26 | | to any benefit year beginning on or after January 6, 2008,
|
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1 | | "maximum weekly benefit amount" with respect to each week |
2 | | beginning within a
benefit period means 47% of the statewide |
3 | | average weekly wage, rounded (if not
already a multiple of one |
4 | | dollar) to the next higher dollar.
|
5 | | With respect to any benefit year beginning in calendar year |
6 | | 2022, "maximum weekly benefit amount" with respect to each week |
7 | | beginning within a benefit period means 42.4% 40.6% of the |
8 | | statewide average weekly wage, rounded (if not already a |
9 | | multiple of one dollar) to the next higher dollar. |
10 | | C. With respect to any week beginning in a benefit year |
11 | | beginning prior to January 4, 2004, an individual's eligibility |
12 | | for a dependent allowance with respect to a nonworking spouse |
13 | | or one or more dependent children shall be as defined by the |
14 | | provisions of this Act as amended and in effect on November 18, |
15 | | 2011.
|
16 | | With respect to any benefit year beginning on or after |
17 | | January 4, 2004 and
before January 6, 2008, an individual to |
18 | | whom benefits are payable with respect
to any week shall, in |
19 | | addition to those benefits, be paid, with respect to such
week, |
20 | | as follows: in the case of an individual with a nonworking |
21 | | spouse, 9% of
his or her prior average weekly wage, rounded (if |
22 | | not already a multiple of one
dollar) to the next higher |
23 | | dollar, provided, that the total amount payable to
the |
24 | | individual with respect to a week shall not exceed 57% of the |
25 | | statewide
average weekly wage, rounded (if not already a |
26 | | multiple of one dollar) to the
next higher dollar; and in the |
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1 | | case of an individual with a dependent child or
dependent |
2 | | children, 17.2% of his or her prior average weekly wage, |
3 | | rounded (if
not already a multiple of one dollar) to the next |
4 | | higher dollar, provided that
the total amount payable to the |
5 | | individual with respect to a week shall not
exceed 65.2% of the |
6 | | statewide average weekly wage, rounded (if not already a
|
7 | | multiple of one dollar) to the next higher dollar.
|
8 | | With respect to any benefit year beginning on or after |
9 | | January 6, 2008 and before January 1, 2010, an
individual to |
10 | | whom benefits are payable with respect to any week shall, in
|
11 | | addition to those benefits, be paid, with respect to such week, |
12 | | as follows: in
the case of an individual with a nonworking |
13 | | spouse, 9% of his or her prior
average weekly wage, rounded (if |
14 | | not already a multiple of one dollar) to the
next higher |
15 | | dollar, provided, that the total amount payable
to the |
16 | | individual with respect to a week shall not exceed 56% of the |
17 | | statewide
average weekly wage, rounded (if not already a |
18 | | multiple of one dollar) to the
next higher dollar; and in the |
19 | | case of an individual with a dependent child or
dependent |
20 | | children, 18.2% of his or her prior average weekly wage, |
21 | | rounded (if
not already a multiple of one dollar) to the next |
22 | | higher dollar, provided that
the total amount payable to the |
23 | | individual with respect to a week
shall not exceed 65.2% of the |
24 | | statewide average weekly wage, rounded (if not
already a |
25 | | multiple of one dollar) to the next higher dollar. |
26 | | The additional
amount paid pursuant to this subsection in |
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1 | | the case of an individual with a
dependent child or dependent |
2 | | children shall be referred to as the "dependent
child |
3 | | allowance", and the percentage rate by which an individual's |
4 | | prior average weekly wage is multiplied pursuant to this |
5 | | subsection to calculate the dependent child allowance shall be |
6 | | referred to as the "dependent child allowance rate". |
7 | | Except as otherwise provided in this Section, with respect |
8 | | to any benefit year beginning on or after January 1, 2010, an |
9 | | individual to whom benefits are payable with respect to any |
10 | | week shall, in addition to those benefits, be paid, with |
11 | | respect to such week, as follows: in the case of an individual |
12 | | with a nonworking spouse, the greater of (i) 9% of his or her |
13 | | prior average weekly wage, rounded (if not already a multiple |
14 | | of one dollar) to the next higher dollar, or (ii) $15, provided |
15 | | that the total amount payable to the individual with respect to |
16 | | a week shall not exceed 56% of the statewide average weekly |
17 | | wage, rounded (if not already a multiple of one dollar) to the |
18 | | next higher dollar; and in the case of an individual with a |
19 | | dependent child or dependent children, the greater of (i) the |
20 | | product of the dependent child allowance rate multiplied by his |
21 | | or her prior average weekly wage, rounded (if not already a |
22 | | multiple of one dollar) to the next higher dollar, or (ii) the |
23 | | lesser of $50 or 50% of his or her weekly benefit amount, |
24 | | rounded (if not already a multiple of one dollar) to the next |
25 | | higher dollar, provided that the total amount payable to the |
26 | | individual with respect to a week shall not exceed the product |
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1 | | of the statewide average weekly wage multiplied by the sum of |
2 | | 47% plus the dependent child allowance rate, rounded (if not |
3 | | already a multiple of one dollar) to the next higher dollar. |
4 | | With respect to any benefit year beginning in calendar year |
5 | | 2022, an individual to whom benefits are payable with respect |
6 | | to any week shall, in addition to those benefits, be paid, with |
7 | | respect to such week, as follows: in the case of an individual |
8 | | with a nonworking spouse, the greater of (i) 9% of his or her |
9 | | prior average weekly wage, rounded (if not already a multiple |
10 | | of one dollar) to the next higher dollar, or (ii) $15, provided |
11 | | that the total amount payable to the individual with respect to |
12 | | a week shall not exceed 51.4% 49.6% of the statewide average |
13 | | weekly wage, rounded (if not already a multiple of one dollar) |
14 | | to the next higher dollar; and in the case of an individual |
15 | | with a dependent child or dependent children, the greater of |
16 | | (i) the product of the dependent child allowance rate |
17 | | multiplied by his or her prior average weekly wage, rounded (if |
18 | | not already a multiple of one dollar) to the next higher |
19 | | dollar, or (ii) the lesser of $50 or 50% of his or her weekly |
20 | | benefit amount, rounded (if not already a multiple of one |
21 | | dollar) to the next higher dollar, provided that the total |
22 | | amount payable to the individual with respect to a week shall |
23 | | not exceed the product of the statewide average weekly wage |
24 | | multiplied by the sum of 42.4% 40.6% plus the dependent child |
25 | | allowance rate, rounded (if not already a multiple of one |
26 | | dollar) to the next higher dollar. |
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1 | | With respect to each benefit year beginning after calendar |
2 | | year 2012, the
dependent child allowance rate shall be the sum |
3 | | of the allowance adjustment
applicable pursuant to Section |
4 | | 1400.1 to the calendar year in which the benefit
year begins, |
5 | | plus the dependent child
allowance rate with respect to each |
6 | | benefit year beginning in the immediately
preceding calendar |
7 | | year, except as otherwise provided in this subsection. The |
8 | | dependent
child allowance rate with respect to each benefit |
9 | | year beginning in calendar year 2010 shall be 17.9%.
The |
10 | | dependent child allowance rate with respect to each benefit |
11 | | year beginning in calendar year 2011 shall be 17.4%. The |
12 | | dependent child allowance rate with respect to each benefit |
13 | | year beginning in calendar year 2012 shall be 17.0% and, with |
14 | | respect to each benefit year beginning after calendar year |
15 | | 2012, shall not be less than 17.0% or greater than 17.9%.
|
16 | | For the purposes of this subsection:
|
17 | | "Dependent" means a child or a nonworking spouse.
|
18 | | "Child" means a natural child, stepchild, or adopted child |
19 | | of an
individual claiming benefits under this Act or a child |
20 | | who is in the
custody of any such individual by court order, |
21 | | for whom the individual is
supplying and, for at least 90 |
22 | | consecutive days (or for the duration of
the parental |
23 | | relationship if it has existed for less than 90 days)
|
24 | | immediately preceding any week with respect to which the |
25 | | individual has
filed a claim, has supplied more than one-half |
26 | | the cost of support, or
has supplied at least 1/4 of the cost |
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1 | | of support if the individual and
the other parent, together, |
2 | | are supplying and, during the aforesaid
period, have supplied |
3 | | more than one-half the cost of support, and are,
and were |
4 | | during the aforesaid period, members of the same household; and
|
5 | | who, on the first day of such week (a) is under 18 years of age, |
6 | | or (b)
is, and has been during the immediately preceding 90 |
7 | | days, unable to
work because of illness or other disability: |
8 | | provided, that no person
who has been determined to be a child |
9 | | of an individual who has been
allowed benefits with respect to |
10 | | a week in the individual's benefit
year shall be deemed to be a |
11 | | child of the other parent, and no other
person shall be |
12 | | determined to be a child of such other parent, during
the |
13 | | remainder of that benefit year.
|
14 | | "Nonworking spouse" means the lawful husband or wife of an |
15 | | individual
claiming benefits under this Act, for whom more than |
16 | | one-half the cost
of support has been supplied by the |
17 | | individual for at least 90
consecutive days (or for the |
18 | | duration of the marital relationship if it
has existed for less |
19 | | than 90 days) immediately preceding any week with
respect to |
20 | | which the individual has filed a claim, but only if the
|
21 | | nonworking spouse is currently ineligible to receive benefits |
22 | | under this
Act by reason of the provisions of Section 500E.
|
23 | | An individual who was obligated by law to provide for the |
24 | | support of
a child or of a nonworking spouse for the aforesaid |
25 | | period of 90 consecutive
days, but was prevented by illness or |
26 | | injury from doing so, shall be deemed
to have provided more |
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1 | | than one-half the cost of supporting the child or
nonworking |
2 | | spouse for that period.
|
3 | | (Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20 .)
|
4 | | (820 ILCS 405/409) (from Ch. 48, par. 409)
|
5 | | Sec. 409. Extended Benefits.
|
6 | | A. For the purposes of this Section:
|
7 | | 1. "Extended benefit period" means a period which |
8 | | begins with
the third week after a week for which there is |
9 | | a State "on" indicator; and
ends with either of the |
10 | | following weeks, whichever occurs later: (1) the
third week |
11 | | after the first week for which there is a
State "off" |
12 | | indicator, or (2) the thirteenth consecutive week of such
|
13 | | period. No extended benefit period shall begin by reason of |
14 | | a State
"on" indicator before the fourteenth week following |
15 | | the end of a prior
extended benefit period.
|
16 | | 2. There is a "State 'on' indicator" for a week if (a) |
17 | | the Director
determines, in accordance with the |
18 | | regulations of the United States
Secretary of Labor or |
19 | | other appropriate Federal agency, that for the
period |
20 | | consisting of such week and the immediately preceding |
21 | | twelve
weeks, the rate of insured unemployment (not |
22 | | seasonally adjusted) in
this State (1) equaled or exceeded |
23 | | 5%
and equaled or exceeded 120% of the average of such |
24 | | rates for the corresponding
13-week period ending in each |
25 | | of the preceding 2 calendar years, or (2)
equaled or |
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1 | | exceeded 6 percent, or (b) the United States Secretary of |
2 | | Labor determines that (1) the average rate of total |
3 | | unemployment in this State (seasonally adjusted) for the |
4 | | period consisting of the most recent 3 months for which |
5 | | data for all states are published before the close of such |
6 | | week equals or exceeds 6.5%, and (2) the average rate of |
7 | | total unemployment in this State (seasonally adjusted) for |
8 | | the 3-month period referred to in (1) equals or exceeds |
9 | | 110% of such average rate for either (or both) of the |
10 | | corresponding 3-month periods ending in the 2 preceding |
11 | | calendar years. Clause (b) of this paragraph shall only |
12 | | apply to weeks beginning on or after February 22, 2009, |
13 | | through the end of the fourth week prior to the last week |
14 | | for which federal sharing is provided as authorized by |
15 | | Section 2005(a) of Public Law 111-5 without regard to |
16 | | Section 2005(c) of Public Law 111-5 and is inoperative as |
17 | | of the end of the last week for which federal sharing is |
18 | | provided as authorized by Section 2005(a) of Public Law |
19 | | 111-5 and to weeks beginning on or after March 15, 2020 |
20 | | through the end of the fourth week prior to the last week |
21 | | for which federal sharing is provided as authorized by |
22 | | Section 4105 of Public Law 116-127, or any amendments |
23 | | thereto, and is inoperative as of the end of the last week |
24 | | for which federal sharing is provided as authorized by |
25 | | Section 4105 of Public Law 116-127, or any amendments |
26 | | thereto .
|
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1 | | 2.1. With respect to benefits for weeks of unemployment |
2 | | beginning after December 17, 2010, and ending on or before |
3 | | the earlier of the latest date permitted under federal law |
4 | | or the end of the fourth week prior to the last week for |
5 | | which federal sharing is provided as authorized by Section |
6 | | 2005(a) of Public Law 111-5 without regard to Section |
7 | | 2005(c) of Public Law 111-5, the determination of whether |
8 | | there has been a State "on" indicator pursuant to paragraph |
9 | | 2 shall be made as if, in clause (a) of paragraph 2, the |
10 | | phrase "2 calendar years" were "3 calendar years" and as |
11 | | if, in clause (b) of paragraph 2, the word "either" were |
12 | | "any", the word "both" were "all", and the phrase "2 |
13 | | preceding calendar years" were "3 preceding calendar |
14 | | years".
|
15 | | 3. There is a "State 'off' indicator" for a week if |
16 | | there is not a State 'on' indicator for the week pursuant |
17 | | to paragraph 2.
|
18 | | 4. "Rate of insured unemployment", for the purpose of |
19 | | paragraph
2, means the percentage derived by dividing (a) |
20 | | the average
weekly number of individuals filing claims for |
21 | | "regular benefits" in
this State for weeks of
unemployment |
22 | | with respect to the most recent 13 consecutive week period,
|
23 | | as determined by the Director on the basis of his reports |
24 | | to the United
States Secretary of Labor or other |
25 | | appropriate Federal agency, by (b)
the average monthly |
26 | | employment covered under this Act for the first four
of the |
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1 | | most recent six completed calendar quarters ending before |
2 | | the
close of such 13-week period.
|
3 | | 5. "Regular benefits" means benefits, other than |
4 | | extended benefits
and additional benefits, payable to an |
5 | | individual (including dependents'
allowances) under this |
6 | | Act or under any other State unemployment
compensation law |
7 | | (including benefits payable to Federal civilian
employees |
8 | | and ex-servicemen pursuant to 5 U.S.C. chapter 85).
|
9 | | 6. "Extended benefits" means benefits (including |
10 | | benefits payable to
Federal civilian employees and |
11 | | ex-servicemen pursuant to 5 U.S.C.
chapter 85) payable to |
12 | | an individual under the provisions of this
Section for |
13 | | weeks which begin in his eligibility period.
|
14 | | 7. "Additional benefits" means benefits totally |
15 | | financed by a State
and payable to exhaustees (as defined |
16 | | in subsection C) by reason of
conditions of high |
17 | | unemployment or by reason of other specified factors.
If an |
18 | | individual is eligible to receive extended benefits under |
19 | | the
provisions of this Section and is eligible to receive |
20 | | additional
benefits with respect to the same week under the |
21 | | law of another State,
he may elect to claim either extended |
22 | | benefits or additional benefits
with respect to the week.
|
23 | | 8. "Eligibility period" means the period consisting of |
24 | | the weeks in
an individual's benefit year which begin in an |
25 | | extended benefit period
and, if his benefit year ends |
26 | | within such extended benefit period, any
weeks thereafter |
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1 | | which begin in such period. An individual's eligibility |
2 | | period shall also include such other weeks as federal law |
3 | | may allow.
|
4 | | 9. Notwithstanding any other provision to the |
5 | | contrary, no employer shall be liable for payments in lieu |
6 | | of contributions pursuant to Section 1404, by reason of the |
7 | | payment of extended
benefits which are wholly reimbursed to |
8 | | this State by the Federal Government or would have been |
9 | | wholly reimbursed to this State by the Federal Government |
10 | | if the employer had paid all of the claimant's wages during |
11 | | the applicable base period.
Extended benefits shall not |
12 | | become benefit
charges under Section 1501.1 if they are |
13 | | wholly reimbursed to this State by the Federal Government |
14 | | or would have been wholly reimbursed to this State by the |
15 | | Federal Government if the employer had paid all of the |
16 | | claimant's wages during the applicable base period. For |
17 | | purposes of this paragraph, extended benefits will be |
18 | | considered to be wholly reimbursed by the Federal |
19 | | Government notwithstanding the operation of Section |
20 | | 204(a)(2)(D) of the Federal-State Extended Unemployment |
21 | | Compensation Act of 1970.
|
22 | | B. An individual shall be eligible to receive extended |
23 | | benefits
pursuant to this Section for any week which begins in |
24 | | his eligibility
period if, with respect to such week (1) he has |
25 | | been paid wages for insured
work during his base period equal |
26 | | to at least 1 1/2 times the wages paid
in that calendar quarter |
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1 | | of his base period in which such wages were highest; (2) he has |
2 | | met the requirements of Section 500E
of this Act; (3) he is an |
3 | | exhaustee; and (4) except when the result
would be inconsistent |
4 | | with the provisions of this
Section, he has satisfied the |
5 | | requirements of this Act for the receipt
of regular benefits.
|
6 | | C. An individual is an exhaustee with respect to a week |
7 | | which begins
in his eligibility period if:
|
8 | | 1. Prior to such week (a) he has received, with respect |
9 | | to his
current benefit year that includes such week, the |
10 | | maximum total amount
of benefits to which he was entitled |
11 | | under the provisions of Section
403B, and all of the |
12 | | regular benefits (including dependents' allowances)
to |
13 | | which he had entitlement (if any) on the basis of wages or |
14 | | employment
under any other State unemployment compensation |
15 | | law; or (b) he has
received all the regular benefits |
16 | | available to him with respect to his
current benefit year |
17 | | that includes such week, under this Act and under
any other |
18 | | State unemployment compensation law, after a cancellation |
19 | | of
some or all of his wage credits or the partial or total |
20 | | reduction of his
regular benefit rights; or (c) his benefit |
21 | | year terminated, and he
cannot meet the qualifying wage |
22 | | requirements of Section 500E of this Act
or the qualifying |
23 | | wage or employment requirements of any other State
|
24 | | unemployment compensation law to establish a new benefit |
25 | | year which
would include such week or, having established a |
26 | | new benefit year that
includes such week, he is ineligible |
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1 | | for regular benefits by reason of
Section 607 of this Act |
2 | | or a like provision of any other State
unemployment |
3 | | compensation law; and
|
4 | | 2. For such week (a) he has no right to benefits or |
5 | | allowances, as
the case may be, under the Railroad |
6 | | Unemployment Insurance Act, or such other
Federal laws as |
7 | | are specified in regulations of the United States
Secretary |
8 | | of Labor or other appropriate Federal agency; and (b) he |
9 | | has
not received and is not seeking benefits under the |
10 | | unemployment
compensation law of Canada, except that if he
|
11 | | is seeking such benefits and the appropriate agency finally |
12 | | determines
that he is not entitled to benefits under such |
13 | | law, this clause shall
not apply.
|
14 | | 3. For the purposes of clauses (a) and (b) of paragraph |
15 | | 1 of this
subsection, an individual shall be deemed to have |
16 | | received, with respect
to his current benefit year, the |
17 | | maximum total amount of benefits to
which he was entitled |
18 | | or all of the regular benefits to which he had
entitlement, |
19 | | or all of the regular benefits available to him, as the
|
20 | | case may be, even though (a) as a result of a pending |
21 | | reconsideration or
appeal with respect to the "finding" |
22 | | defined in Section 701, or of a
pending appeal with respect |
23 | | to wages or employment or both under any
other State |
24 | | unemployment compensation law, he may subsequently be
|
25 | | determined to be entitled to more regular benefits; or (b) |
26 | | by reason of
a seasonality provision in a State |
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1 | | unemployment compensation law which
establishes the weeks |
2 | | of the year for which regular benefits may be paid
to |
3 | | individuals on the basis of wages in seasonal employment he |
4 | | may be
entitled to regular benefits for future weeks but |
5 | | such benefits are not
payable with respect to the week for |
6 | | which he is claiming extended
benefits, provided that he is |
7 | | otherwise an exhaustee under the
provisions of this |
8 | | subsection with respect to his rights to regular
benefits, |
9 | | under such seasonality provision, during the portion of the
|
10 | | year in which that week occurs; or (c) having established a |
11 | | benefit
year, no regular benefits are payable to him with |
12 | | respect to such year
because his wage credits were |
13 | | cancelled or his rights to regular
benefits were totally |
14 | | reduced by reason of the application of a
disqualification |
15 | | provision of a State unemployment compensation law.
|
16 | | D. 1. The provisions of Section 607 and the waiting period
|
17 | | requirements of Section 500D shall not be applicable to any |
18 | | week with
respect to which benefits are otherwise payable |
19 | | under this Section.
|
20 | | 2. An individual shall not cease to be an exhaustee |
21 | | with respect to
any week solely because he meets the |
22 | | qualifying wage requirements of
Section 500E for a part of |
23 | | such week.
|
24 | | E. With respect to any week which begins in his eligibility |
25 | | period,
an exhaustee's "weekly extended benefit amount" shall |
26 | | be the same as his
weekly benefit amount during his benefit |
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1 | | year which includes such week or, if
such week is not in a |
2 | | benefit year, during his applicable
benefit year, as defined in |
3 | | regulations issued by the United States
Secretary of Labor or |
4 | | other appropriate Federal agency. If the exhaustee
had more |
5 | | than one weekly benefit amount during
his benefit year, his |
6 | | weekly extended benefit amount with respect to
such week shall |
7 | | be the latest of such weekly benefit amounts.
|
8 | | F. 1. An eligible exhaustee shall be entitled, during any |
9 | | eligibility
period, to a maximum total amount of extended |
10 | | benefits equal to the
lesser of the following amounts , not |
11 | | including any Federal Pandemic Unemployment Compensation |
12 | | amounts provided for in Section 2104 of Public Law 116-136 :
|
13 | | a. Fifty percent of the maximum total amount of |
14 | | benefits to which he
was entitled under Section 403B during |
15 | | his applicable benefit year;
|
16 | | b. Thirteen times his weekly extended benefit amount as |
17 | | determined
under subsection E; or
|
18 | | c. Thirty-nine times his or her average weekly extended |
19 | | benefit amount, reduced by the regular benefits (not |
20 | | including any dependents' allowances) paid to him or her |
21 | | during such benefit year. |
22 | | 2. An eligible exhaustee shall be entitled, during a "high |
23 | | unemployment period", to a maximum total amount of extended |
24 | | benefits equal to the lesser of the following amounts: |
25 | | a. Eighty percent of the maximum total amount of |
26 | | benefits to which he or she was entitled under Section 403B |
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1 | | during his or her applicable benefit year; |
2 | | b. Twenty times his or her weekly extended benefit |
3 | | amount as determined under subsection E; or |
4 | | c. Forty-six times his or her average weekly extended |
5 | | benefit amount, reduced by the regular benefits (not |
6 | | including any dependents' allowances) paid to him or her |
7 | | during such benefit year. |
8 | | For purposes of this paragraph, the term "high unemployment |
9 | | period" means any period during which (i) clause (b) of |
10 | | paragraph (2) of subsection A is operative and (ii) an extended |
11 | | benefit period would be in effect if clause (b) of paragraph |
12 | | (2) of subsection A of this Section were applied by |
13 | | substituting "8%" for "6.5%".
|
14 | | 3. Notwithstanding paragraphs 1 and 2 of this subsection F, |
15 | | and if
the benefit year of an individual ends within an |
16 | | extended benefit period,
the remaining balance of extended |
17 | | benefits that the individual would, but
for this subsection F, |
18 | | be otherwise entitled to receive in that extended
benefit |
19 | | period, for weeks of unemployment beginning after the end of |
20 | | the
benefit year, shall be reduced (but not below zero) by the |
21 | | product of the
number of weeks for which the individual |
22 | | received any amounts as trade
readjustment allowances as |
23 | | defined in the federal Trade Act of 1974 within
that benefit |
24 | | year multiplied by his weekly benefit amount for extended
|
25 | | benefits.
|
26 | | G. 1. A claims adjudicator shall examine the first claim |
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1 | | filed by
an individual with respect to his eligibility |
2 | | period and, on the basis
of the information in his |
3 | | possession, shall make an "extended benefits
finding". |
4 | | Such finding shall state whether or not the individual has |
5 | | met
the requirement of subsection B(1), is an
exhaustee |
6 | | and, if he is, his weekly extended benefit amount and the
|
7 | | maximum total amount of extended benefits to which he is |
8 | | entitled. The
claims adjudicator shall promptly notify the |
9 | | individual of his "extended
benefits finding", and shall |
10 | | promptly notify the individual's most
recent employing |
11 | | unit and the individual's last employer (referred to in |
12 | | Section
1502.1) that the individual has filed a claim for |
13 | | extended benefits. The
claims adjudicator may reconsider |
14 | | his "extended benefits finding" at any time
within one year |
15 | | after the close of the individual's eligibility period, and
|
16 | | shall promptly notify the individual of such reconsidered |
17 | | finding. All of the
provisions of this Act applicable to |
18 | | reviews from findings or reconsidered
findings made |
19 | | pursuant to Sections 701 and 703 which are not inconsistent |
20 | | with
the provisions of this subsection shall be applicable |
21 | | to reviews from extended
benefits findings and |
22 | | reconsidered extended benefits findings.
|
23 | | 2. If, pursuant to the reconsideration or appeal with |
24 | | respect to a
"finding", referred to in paragraph 3 of |
25 | | subsection C, an exhaustee is
found to be entitled to more |
26 | | regular benefits and, by reason thereof, is
entitled to |
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1 | | more extended benefits, the claims adjudicator shall make a
|
2 | | reconsidered extended benefits finding and shall promptly |
3 | | notify the
exhaustee thereof.
|
4 | | H. Whenever an extended benefit period is to begin in this |
5 | | State because
there is a State "on" indicator, or whenever an |
6 | | extended benefit period is to
end in this State because there |
7 | | is a State "off" indicator, the Director shall
make an |
8 | | appropriate public announcement.
|
9 | | I. Computations required by the provisions of paragraph 4 |
10 | | of subsection A
shall be made by the Director in accordance |
11 | | with regulations prescribed by the
United States Secretary of |
12 | | Labor, or other appropriate Federal agency.
|
13 | | J. 1. Interstate Benefit Payment Plan means the plan |
14 | | approved by
the Interstate Conference of Employment |
15 | | Security Agencies under which benefits
shall be payable to |
16 | | unemployed individuals absent from the state (or states)
in |
17 | | which benefit credits have been accumulated.
|
18 | | 2. An individual who commutes from his state of |
19 | | residence to work in
another state and continues to reside |
20 | | in such state of residence while filing
his claim for |
21 | | unemployment insurance under this Section of the Act shall |
22 | | not be
considered filing a claim under the Interstate |
23 | | Benefit Payment Plan so long as
he files his claim in and |
24 | | continues to report to the employment office under
the |
25 | | regulations applicable to intrastate claimants in the |
26 | | state in which he was
so employed.
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1 | | 3. "State" when used in this subsection includes States |
2 | | of the United
States of America, the District of Columbia, |
3 | | Puerto Rico and the Virgin
Islands. For purposes of this |
4 | | subsection, the term "state" shall also be
construed to |
5 | | include Canada.
|
6 | | 4. Notwithstanding any other provision of this Act, an |
7 | | individual shall be eligible for a
maximum of 2 weeks of |
8 | | benefits payable under this Section after he files
his |
9 | | initial claim for extended benefits in an extended benefit |
10 | | period, as
defined in paragraph 1 of subsection A, under |
11 | | the Interstate Benefit Payment
Plan unless there also |
12 | | exists an extended benefit period, as defined in
paragraph |
13 | | 1 of subsection A, in the state where such claim is filed. |
14 | | Such
maximum eligibility shall continue as long as the |
15 | | individual continues to
file his claim under the Interstate |
16 | | Benefit Payment Plan, notwithstanding
that the individual |
17 | | moves to another state where an extended benefit period
|
18 | | exists and files for weeks prior to his initial Interstate |
19 | | claim in that state.
|
20 | | 5. To assure full tax credit to the employers of this |
21 | | state against the
tax imposed by the Federal Unemployment |
22 | | Tax Act, the Director shall take
any action or issue any |
23 | | regulations necessary in the administration of this
|
24 | | subsection to insure that its provisions are so interpreted |
25 | | and applied
as to meet the requirements of such Federal Act |
26 | | as interpreted by the United
States Secretary of Labor or |
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1 | | other appropriate Federal agency.
|
2 | | K. 1. Notwithstanding any other provisions of this Act, an |
3 | | individual
shall be ineligible for the payment of extended |
4 | | benefits for any week of
unemployment in his eligibility |
5 | | period if the Director finds that during such
period:
|
6 | | a. he failed to accept any offer of suitable work |
7 | | (as defined in
paragraph 3 below) or failed to apply |
8 | | for any suitable work to which he was
referred by the |
9 | | Director; or
|
10 | | b. he failed to actively engage in seeking work as |
11 | | prescribed under
paragraph 5 below.
|
12 | | 2. Any individual who has been found ineligible for |
13 | | extended benefits
by reason of the provisions of paragraph |
14 | | 1 of this subsection shall be denied
benefits beginning |
15 | | with the first day of the week in which such failure
has |
16 | | occurred and until he has been employed in each of 4 |
17 | | subsequent weeks
(whether or not consecutive) and has |
18 | | earned remuneration equal to at least
4 times his weekly |
19 | | benefit amount.
|
20 | | 3. For purposes of this subsection only, the term |
21 | | "suitable work" means,
with respect to any individual, any |
22 | | work which is within such individual's
capabilities, |
23 | | provided, however, that the gross average weekly |
24 | | remuneration
payable for the work:
|
25 | | a. must exceed the sum of (i) the individual's |
26 | | extended weekly benefit amount as determined under
|
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1 | | subsection E above plus
(ii) the amount, if any, of |
2 | | supplemental unemployment benefits (as defined
in |
3 | | Section 501(c)(17)(D) of the Internal Revenue Code of |
4 | | 1954) payable to
such individual for such week; and |
5 | | further,
|
6 | | b. is not less than the higher of --
|
7 | | (i) the minimum wage provided by Section 6 |
8 | | (a)(1) of the Fair Labor
Standards Act of 1938, |
9 | | without regard to any exemption; or
|
10 | | (ii) the applicable state or local minimum |
11 | | wage;
|
12 | | c. provided, however, that no individual shall be |
13 | | denied extended
benefits for failure to accept an offer |
14 | | of or apply for any job which meets the
definition of |
15 | | suitability as described above if:
|
16 | | (i) the position was not offered to such |
17 | | individual in writing or was
not listed with the |
18 | | employment service;
|
19 | | (ii) such failure could not result in a denial |
20 | | of benefits under the
definition of suitable work |
21 | | for regular benefits claimants in Section 603
to |
22 | | the extent that the criteria of suitability in that |
23 | | Section are not
inconsistent with the provisions |
24 | | of this paragraph 3;
|
25 | | (iii) the individual furnishes satisfactory |
26 | | evidence to the Director
that his prospects for |
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1 | | obtaining work in his customary occupation within |
2 | | a
reasonably short period are good. If such |
3 | | evidence is deemed satisfactory
for this purpose, |
4 | | the determination of whether any work is suitable |
5 | | with
respect to such individual shall be made in |
6 | | accordance with the definition
of suitable work |
7 | | for regular benefits in Section 603 without regard |
8 | | to the
definition specified by this paragraph.
|
9 | | 4. Notwithstanding the provisions of paragraph 3 to the |
10 | | contrary, no work
shall be deemed to be suitable work for |
11 | | an individual which does not accord
with the labor standard |
12 | | provisions required by Section 3304(a)(5) of the
Internal |
13 | | Revenue Code of 1954 and set forth herein under Section 603 |
14 | | of this
Act.
|
15 | | 5. For the purposes of subparagraph b of paragraph 1, |
16 | | an individual shall
be treated as actively engaged in |
17 | | seeking work during any week if --
|
18 | | a. the individual has engaged in a systematic and |
19 | | sustained effort to
obtain work during such week, and
|
20 | | b. the individual furnishes tangible evidence that |
21 | | he has engaged in
such effort during such week.
|
22 | | 6. The employment service shall refer any individual |
23 | | entitled to extended
benefits under this Act to any |
24 | | suitable work which meets the criteria
prescribed in |
25 | | paragraph 3.
|
26 | | 7. Notwithstanding any other provision of this Act, an |
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1 | | individual shall
not be eligible to receive extended |
2 | | benefits, otherwise payable under this
Section, with |
3 | | respect to any week of unemployment in his eligibility |
4 | | period
if such individual has been held ineligible for |
5 | | benefits under the provisions
of Sections 601, 602 or 603 |
6 | | of this Act until such individual had requalified
for such |
7 | | benefits by returning to employment and satisfying the |
8 | | monetary
requalification provision by earning at least his |
9 | | weekly benefit amount.
|
10 | | 8. In response to the COVID-19 public health emergency, |
11 | | the Director may prescribe such rules as allowed by federal |
12 | | law limiting the work search requirements under subsection |
13 | | K. |
14 | | L. The Governor may, if federal law so allows, elect, in |
15 | | writing, to pay individuals, otherwise eligible for extended |
16 | | benefits pursuant to this Section, any other federally funded |
17 | | unemployment benefits, including but not limited to benefits |
18 | | payable pursuant to the federal Supplemental Appropriations |
19 | | Act, 2008, as amended, and Public Law 116-136, prior to paying |
20 | | them benefits under this Section. |
21 | | M. The provisions of this Section, as revised by this |
22 | | amendatory Act of the 96th General Assembly, are retroactive to |
23 | | February 22, 2009. The provisions of this amendatory Act of the |
24 | | 96th General Assembly with regard to subsection L and paragraph |
25 | | 8 of subsection A clarify authority already provided. |
26 | | N. The provisions of this Section, as revised by this |
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1 | | amendatory Act of the 101st General Assembly, are retroactive |
2 | | to March 15, 2020. |
3 | | (Source: P.A. 96-30, eff. 6-30-09; 97-1, eff. 3-31-11.)
|
4 | | (820 ILCS 405/500) (from Ch. 48, par. 420)
|
5 | | Sec. 500. Eligibility for benefits. An unemployed |
6 | | individual shall
be eligible to receive benefits with respect |
7 | | to any week only if the
Director finds that:
|
8 | | A. He has registered for work at and thereafter has |
9 | | continued to
report at an employment office in accordance |
10 | | with such regulations as
the Director may prescribe, except |
11 | | that the Director may, by regulation,
waive or alter either |
12 | | or both of the requirements of this subsection as
to |
13 | | individuals attached to regular jobs, and as to such other |
14 | | types of
cases or situations with respect to which he finds |
15 | | that compliance with
such requirements would be oppressive |
16 | | or inconsistent with the purposes
of this Act, provided |
17 | | that no such regulation shall conflict with
Section 400 of |
18 | | this Act.
|
19 | | B. He has made a claim for benefits with respect to |
20 | | such week in
accordance with such regulations as the |
21 | | Director may prescribe.
|
22 | | C. He is able to work, and is available for work; |
23 | | provided that
during the period in question he was actively |
24 | | seeking work and he has
certified such. Whenever requested |
25 | | to do so by the Director, the individual
shall, in the |
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1 | | manner the Director prescribes by regulation, inform the
|
2 | | Department of the places at
which he has sought work during |
3 | | the period in question.
Nothing in this subsection shall |
4 | | limit
the Director's approval of alternate methods of |
5 | | demonstrating an active
search for work
based on regular |
6 | | reporting to a trade union office.
|
7 | | 1. If an otherwise eligible individual is unable to |
8 | | work or is
unavailable for work on any normal workday |
9 | | of the week, he shall be
eligible to receive benefits |
10 | | with respect to such week reduced by
one-fifth of his |
11 | | weekly benefit amount for each day of such inability to
|
12 | | work or unavailability for work. For the purposes of |
13 | | this paragraph, an
individual who reports on a day |
14 | | subsequent to his designated report day
shall be deemed |
15 | | unavailable for work on his report day if his failure |
16 | | to
report on that day is without good cause, and on |
17 | | each intervening day,
if any, on which his failure to |
18 | | report is without good cause. As used
in the preceding |
19 | | sentence, "report day" means the day which has been
|
20 | | designated for the individual to report to file his |
21 | | claim for benefits
with respect to any week. This |
22 | | paragraph shall not be construed so as
to effect any |
23 | | change in the status of part-time workers as defined in
|
24 | | Section 407.
|
25 | | 2. An individual shall be considered to be |
26 | | unavailable for work on
days listed as whole holidays |
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1 | | in "An Act to revise the law in relation
to promissory |
2 | | notes, bonds, due bills and other instruments in |
3 | | writing,"
approved March 18, 1874, as amended; on days |
4 | | which are holidays in his
religion or faith, and on |
5 | | days which are holidays according to the
custom of his |
6 | | trade or occupation, if his failure to work on such day |
7 | | is
a result of the holiday. In determining the |
8 | | claimant's eligibility for
benefits and the amount to |
9 | | be paid him, with respect to the week in
which such |
10 | | holiday occurs, he shall have attributed to him as |
11 | | additional
earnings for that week an amount equal to |
12 | | one-fifth of his weekly
benefit amount for each normal |
13 | | work day on which he does not work
because of a holiday |
14 | | of the type above enumerated.
|
15 | | 3. An individual shall be deemed unavailable for |
16 | | work if, after his
separation from his most recent |
17 | | employing unit, he has removed himself
to and remains |
18 | | in a locality where opportunities for work are
|
19 | | substantially less favorable than those in the |
20 | | locality he has left.
|
21 | | 4. An individual shall be deemed unavailable for |
22 | | work with respect
to any week which occurs in a period |
23 | | when his principal occupation is
that of a student in |
24 | | attendance at, or on vacation from, a public or
private |
25 | | school.
|
26 | | 5. Notwithstanding any other provisions of this |
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1 | | Act, an individual
shall not be deemed unavailable for |
2 | | work or to have failed actively to
seek work, nor shall |
3 | | he be ineligible for benefits by reason of the
|
4 | | application of the provisions of Section 603, with |
5 | | respect to any week,
because he is enrolled in and is |
6 | | in regular attendance at a training
course approved for |
7 | | him by the Director:
|
8 | | (a) but only if, with respect to
that week, the |
9 | | individual presents,
upon request,
to the claims |
10 | | adjudicator referred to
in Section 702 a statement |
11 | | executed by a responsible person connected
with |
12 | | the training course, certifying that the |
13 | | individual was in
full-time attendance at such |
14 | | course during the week. The Director may
approve |
15 | | such course for an individual only if he finds that |
16 | | (1)
reasonable work opportunities for which the |
17 | | individual is fitted by
training and experience do |
18 | | not exist in his locality; (2) the training course
|
19 | | relates to an occupation or skill for which there |
20 | | are, or are
expected to be in the immediate future, |
21 | | reasonable work opportunities in
his locality; (3) |
22 | | the training course is offered by a competent and
|
23 | | reliable agency, educational institution, or |
24 | | employing unit; (4)
the individual has the |
25 | | required qualifications and aptitudes to complete |
26 | | the
course successfully; and (5) the individual is |
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1 | | not receiving and is not
eligible (other than |
2 | | because he has claimed benefits under this Act) for
|
3 | | subsistence payments or similar assistance under |
4 | | any public or private
retraining program: |
5 | | Provided, that the Director shall not disapprove
|
6 | | such course solely by reason of clause (5) if the |
7 | | subsistence payment or
similar assistance is |
8 | | subject to reduction by an amount equal to any
|
9 | | benefits payable to the individual under this Act |
10 | | in the absence of the
clause. In the event that an |
11 | | individual's weekly unemployment
compensation |
12 | | benefit is less than his certified training |
13 | | allowance, that
person shall be eligible to |
14 | | receive his entire unemployment compensation
|
15 | | benefits, plus such supplemental training |
16 | | allowances that would make an
applicant's total |
17 | | weekly benefit identical to the original certified
|
18 | | training allowance.
|
19 | | (b) The Director shall have the authority to |
20 | | grant approval pursuant to
subparagraph (a) above |
21 | | prior to an individual's formal admission into a
|
22 | | training course. Requests for approval shall not |
23 | | be made more than 30 days
prior to the actual |
24 | | starting date of such course. Requests shall be |
25 | | made
at the appropriate unemployment office.
|
26 | | (c) The Director shall for purposes of |
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1 | | paragraph C have the authority
to issue a blanket |
2 | | approval of training programs implemented pursuant |
3 | | to
the federal Workforce
Innovation and |
4 | | Opportunity Act if both the training program and |
5 | | the criteria for an individual's
participation in |
6 | | such training meet the requirements of this |
7 | | paragraph C.
|
8 | | (d) Notwithstanding the requirements of |
9 | | subparagraph (a), the Director
shall have the |
10 | | authority to issue blanket approval of training |
11 | | programs
implemented under the terms of a |
12 | | collective bargaining agreement.
|
13 | | 6. Notwithstanding any other provisions of this |
14 | | Act, an individual shall
not be deemed unavailable for |
15 | | work or to have failed actively to seek work,
nor shall |
16 | | he be ineligible for benefits, by reason of the |
17 | | application of
the provisions of Section 603 with |
18 | | respect to any week because he is in
training approved |
19 | | under Section 236 (a)(1) of the federal Trade Act of |
20 | | 1974,
nor shall an individual be ineligible for |
21 | | benefits under the provisions
of Section 601 by reason |
22 | | of leaving work voluntarily to enter such training
if |
23 | | the work left is not of a substantially equal or higher |
24 | | skill level than
the individual's past adversely |
25 | | affected employment as defined under the
federal Trade |
26 | | Act of 1974 and the wages for such work are less than |
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1 | | 80% of his
average weekly wage as determined under the |
2 | | federal Trade Act of 1974.
|
3 | | D. If his benefit year begins prior to July 6, 1975 or |
4 | | subsequent to
January 2, 1982, he has been unemployed for a |
5 | | waiting period of 1 week
during such benefit year. If his |
6 | | benefit year begins on or after July 6,
1975, but prior to |
7 | | January 3, 1982, and his unemployment
continues for more |
8 | | than three weeks during such benefit year, he shall
be |
9 | | eligible for benefits with respect to each week of such |
10 | | unemployment,
including the first week thereof. An |
11 | | individual shall be deemed to be
unemployed within the |
12 | | meaning of this subsection while receiving public
|
13 | | assistance as remuneration for services performed on work |
14 | | projects
financed from funds made available to |
15 | | governmental agencies for such
purpose. No week shall be |
16 | | counted as a week of unemployment for the
purposes of this |
17 | | subsection:
|
18 | | 1. Unless it occurs within the benefit year which |
19 | | includes the week
with respect to which he claims |
20 | | payment of benefits, provided that, for
benefit years |
21 | | beginning prior to January 3, 1982, this
requirement |
22 | | shall not interrupt the payment of benefits for |
23 | | consecutive
weeks of unemployment; and provided |
24 | | further that the week immediately
preceding a benefit |
25 | | year, if part of one uninterrupted period of
|
26 | | unemployment which continues into such benefit year, |
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1 | | shall be deemed
(for the purpose of this subsection |
2 | | only and with respect to benefit years
beginning prior |
3 | | to January 3, 1982, only) to be within such benefit
|
4 | | year, as well as within the preceding benefit year, if |
5 | | the unemployed
individual would, except for the |
6 | | provisions of the first paragraph and
paragraph 1 of |
7 | | this subsection and of Section 605, be eligible for and
|
8 | | entitled to benefits for such week.
|
9 | | 2. If benefits have been paid with respect thereto.
|
10 | | 3. Unless the individual was eligible for benefits |
11 | | with respect
thereto except for the requirements of |
12 | | this subsection and of Section
605.
|
13 | | D-5. Notwithstanding subsection D, if the individual's |
14 | | benefit year begins on or after March 8, 2020, but prior to |
15 | | the week following the later of (a) the last week of a |
16 | | disaster period established by the Gubernatorial Disaster |
17 | | Proclamation in response to COVID-19, dated March 9, 2020, |
18 | | and any subsequent Gubernatorial Disaster Proclamation in |
19 | | response to COVID-19 or (b) the last week for which federal |
20 | | sharing is provided as authorized by Section 2105 of Public |
21 | | Law 116-136 or any amendment thereto, the individual is not |
22 | | subject to the requirement that the individual be |
23 | | unemployed for a waiting period of one week during such |
24 | | benefit year. |
25 | | E. With respect to any benefit year beginning prior to |
26 | | January 3, 1982,
he has been paid during his base period |
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1 | | wages for insured work not
less than the amount specified |
2 | | in Section 500E of this Act as amended
and in effect on |
3 | | October 5, 1980. With respect to any benefit year
beginning |
4 | | on or after January 3, 1982, he has been paid during his |
5 | | base
period wages for insured work equal to not less than |
6 | | $1,600, provided that
he has been paid wages for insured |
7 | | work equal to at least $440 during that
part of his base |
8 | | period which does not include the calendar quarter in
which |
9 | | the wages paid to him were highest.
|
10 | | F. During that week he has participated in reemployment |
11 | | services to which
he has been referred, including but not |
12 | | limited to job search assistance
services, pursuant to a |
13 | | profiling system established by the Director by rule in
|
14 | | conformity with Section 303(j)(1) of the federal Social |
15 | | Security Act, unless
the Director determines that:
|
16 | | 1. the individual has completed such services; or
|
17 | | 2. there is justifiable cause for the claimant's |
18 | | failure to participate in
such services.
|
19 | | This subsection F is added by this amendatory Act of |
20 | | 1995 to clarify
authority already provided under |
21 | | subsections A and C in connection with the
unemployment |
22 | | insurance claimant profiling system required under |
23 | | subsections
(a)(10) and (j)(1) of Section 303 of the |
24 | | federal Social Security Act as a
condition of federal
|
25 | | funding for the administration of the Unemployment |
26 | | Insurance Act.
|
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1 | | (Source: P.A. 100-477, eff. 9-8-17.)
|
2 | | (820 ILCS 405/612) (from Ch. 48, par. 442)
|
3 | | Sec. 612.
Academic Personnel - Ineligibility between |
4 | | academic years or
terms.
|
5 | | A. Benefits based on wages for services which are |
6 | | employment under the
provisions
of Sections 211.1, 211.2, and |
7 | | 302C shall be payable in the same amount,
on the same terms, |
8 | | and subject to the same conditions as benefits payable
on the |
9 | | basis of wages for other services which are employment under |
10 | | this
Act; except that:
|
11 | | 1. An individual shall be ineligible for
benefits, on |
12 | | the basis of wages for employment in an instructional, |
13 | | research,
or principal administrative capacity performed |
14 | | for an institution of higher
education, for any week which |
15 | | begins during the period between two successive
academic |
16 | | years, or during a similar period between two regular |
17 | | terms, whether
or not successive, or during a period of |
18 | | paid sabbatical leave provided
for in the individual's |
19 | | contract, if the individual has a
contract or contracts to |
20 | | perform services in any such capacity for any
institution
|
21 | | or institutions of higher education for both such academic |
22 | | years or both such
terms.
|
23 | | This paragraph 1 shall apply with respect to any week |
24 | | which begins prior
to January 1, 1978.
|
25 | | 2. An individual shall be ineligible for benefits, on |
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1 | | the basis of wages
for service in employment in any |
2 | | capacity other than those referred to in
paragraph 1, |
3 | | performed for an institution of higher learning, for
any |
4 | | week which begins after September 30, 1983, during a period |
5 | | between
two successive academic years or terms, if the |
6 | | individual performed such
service in the first of such |
7 | | academic years or terms and there is a reasonable
assurance
|
8 | | that the individual will perform such service in the second |
9 | | of such academic
years or terms.
|
10 | | 3. An individual shall be ineligible for benefits, on |
11 | | the basis of
wages for service in employment in any |
12 | | capacity other than those referred
to in paragraph 1, |
13 | | performed for an institution of higher education, for
any |
14 | | week which begins after January 5, 1985, during an |
15 | | established and
customary vacation period or holiday |
16 | | recess, if the individual performed
such service in the |
17 | | period immediately before such vacation period or
holiday |
18 | | recess and there is a reasonable assurance that the |
19 | | individual will
perform such service in the period |
20 | | immediately following such vacation
period or holiday |
21 | | recess.
|
22 | | B. Benefits based on wages for services which are |
23 | | employment under the
provisions of Sections 211.1 and 211.2 |
24 | | shall be payable in the same amount,
on the same terms, and |
25 | | subject to the same conditions, as benefits payable
on the |
26 | | basis
of wages for other services which are employment under |
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1 | | this Act, except that:
|
2 | | 1. An individual shall be ineligible for benefits, on |
3 | | the basis of wages
for service in employment
in an |
4 | | instructional, research, or principal administrative |
5 | | capacity performed
for an educational institution, for any |
6 | | week which begins after December
31, 1977, during a period |
7 | | between two successive academic years, or during
a similar |
8 | | period between two regular terms, whether or not |
9 | | successive, or
during a period of paid sabbatical leave |
10 | | provided for in the individual's
contract, if the |
11 | | individual performed such service in the first of such
|
12 | | academic years (or terms) and if there is a contract or a |
13 | | reasonable assurance
that the individual will perform |
14 | | service in any such capacity for any
educational
|
15 | | institution in the second of such academic years (or |
16 | | terms).
|
17 | | 2. An individual shall be ineligible for benefits, on |
18 | | the basis of wages
for service in employment in any |
19 | | capacity other than those referred to in
paragraph 1, |
20 | | performed for an educational institution,
for any week |
21 | | which
begins after December 31, 1977, during a period |
22 | | between two successive academic
years or terms, if the |
23 | | individual performed such service in the first of
such |
24 | | academic years or terms and there is a reasonable assurance |
25 | | that the
individual will perform such service in the second |
26 | | of such academic years or
terms.
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1 | | 3. An individual shall be ineligible for benefits, on |
2 | | the basis of
wages for service in employment in any |
3 | | capacity performed for an
educational institution, for any |
4 | | week which begins after January 5, 1985,
during an |
5 | | established and customary vacation period or holiday |
6 | | recess, if
the individual performed such service in the |
7 | | period immediately before such
vacation period or holiday |
8 | | recess and there is a reasonable assurance that
the |
9 | | individual will perform such service in the period |
10 | | immediately
following such vacation period or holiday |
11 | | recess.
|
12 | | 4. An individual shall be ineligible for benefits on |
13 | | the basis of wages
for service in employment in any |
14 | | capacity performed in an educational
institution while in |
15 | | the employ of an educational service agency
for any week |
16 | | which begins after January 5, 1985, (a) during a period
|
17 | | between two successive academic years or terms, if the |
18 | | individual performed
such service in the first of such |
19 | | academic years or terms and there is
a reasonable assurance |
20 | | that the individual will perform such service in
the second |
21 | | of such academic years or terms; and (b) during an |
22 | | established
and customary vacation period or holiday |
23 | | recess, if the individual performed
such service in the |
24 | | period immediately before such vacation period or holiday
|
25 | | recess and there is a reasonable assurance that the |
26 | | individual will perform
such service in the period |
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1 | | immediately following such vacation period or
holiday |
2 | | recess.
The term "educational service agency" means a |
3 | | governmental agency or
governmental
entity which is |
4 | | established and operated exclusively for the purpose of
|
5 | | providing such services to one or more educational |
6 | | institutions.
|
7 | | C. 1. If benefits are denied to any individual under the |
8 | | provisions of
paragraph
2 of either subsection A or B of this |
9 | | Section for any week which begins
on or after September 3, 1982 |
10 | | and such individual is not offered a bona
fide opportunity to |
11 | | perform such services for the educational institution
for the |
12 | | second of such academic years or terms, such individual shall |
13 | | be
entitled to a retroactive payment of benefits for each week |
14 | | for which the
individual filed a timely claim for benefits as |
15 | | determined by the rules
and regulations issued by the Director |
16 | | for the filing of claims for benefits,
provided that such |
17 | | benefits were denied solely because of the provisions
of |
18 | | paragraph 2 of either subsection A or B of this Section.
|
19 | | 2. If benefits on the basis of wages for service in |
20 | | employment in
other than an instructional, research, or |
21 | | principal administrative capacity
performed in an educational |
22 | | institution while in the employ of an
educational service |
23 | | agency are denied to any individual under the
provisions of |
24 | | subparagraph (a) of paragraph 4 of subsection B and such
|
25 | | individual is not offered a bona fide opportunity to perform |
26 | | such services
in an educational institution while in the employ |
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1 | | of an educational service
agency for the second of such |
2 | | academic years or terms, such individual
shall be entitled to a |
3 | | retroactive payment of benefits for each week for
which the |
4 | | individual filed a timely claim for benefits as determined by |
5 | | the
rules and regulations issued by the Director for the filing |
6 | | of claims for
benefits, provided that such benefits were denied |
7 | | solely because
of subparagraph (a) of paragraph 4 of subsection |
8 | | B of this Section.
|
9 | | D. Notwithstanding any other provision in this Section or |
10 | | paragraph 2 of subsection C of Section 500 to the contrary, |
11 | | with respect to a week of unemployment beginning on or after |
12 | | March 15, 2020, and before December 31, 2020, benefits shall be |
13 | | payable to an individual on the basis of wages for employment |
14 | | in other than an instructional, research, or principal |
15 | | administrative capacity performed for an educational |
16 | | institution or an educational service agency under any of the |
17 | | circumstances described in this Section, to the extent |
18 | | permitted under Section 3304(a)(6) of the Federal Unemployment |
19 | | Tax Act, as long as the individual is otherwise eligible for |
20 | | benefits. |
21 | | (Source: P.A. 87-1178.)
|
22 | | (820 ILCS 405/1502.4 new) |
23 | | Sec. 1502.4. Benefit charges; COVID-19. |
24 | | A. With respect to any benefits paid for a week of |
25 | | unemployment that begins on or after March 15, 2020, and before |
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1 | | December 31, 2020, and is directly or indirectly attributable |
2 | | to COVID-19, notwithstanding any other provisions to the |
3 | | contrary an employer that is subject to the payment of |
4 | | contributions shall not be chargeable for any benefit charges. |
5 | | B. With respect to any regular benefits paid for a week of |
6 | | unemployment that begins on or after March 15, 2020, and before |
7 | | December 31, 2020, and is directly or indirectly attributable |
8 | | to COVID-19, notwithstanding any other provisions to the |
9 | | contrary except subsection E, a nonprofit organization that is |
10 | | subject to making payments in lieu of contributions shall be |
11 | | chargeable for 50% of the benefits paid. |
12 | | C. With respect to any benefits paid for a week of |
13 | | unemployment that begins on or after March 15, 2020, and before |
14 | | December 31, 2020, and is directly or indirectly attributable |
15 | | to COVID-19, notwithstanding any other provisions to the |
16 | | contrary except subsection E, the State and any local |
17 | | government that is subject to making payments in lieu of |
18 | | contributions shall be chargeable for 50% of the benefits paid, |
19 | | irrespective of whether the State or local government paid the |
20 | | individual who received the benefits wages for insured work |
21 | | during the individual's base period. |
22 | | D. Subsections A, B, and C shall only apply to the extent |
23 | | that the employer can show that the individual's unemployment |
24 | | for the week was directly or indirectly attributable to |
25 | | COVID-19. |
26 | | E. No employer shall be chargeable for the week of benefits |
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1 | | paid to an individual under the provisions of Section 500D-1.
|
2 | | (820 ILCS 405/1505) (from Ch. 48, par. 575)
|
3 | | Sec. 1505. Adjustment of state experience factor. The state |
4 | | experience
factor shall be adjusted in accordance with the |
5 | | following provisions:
|
6 | | A. For calendar years prior to 1988, the state experience |
7 | | factor shall be adjusted in accordance with the provisions of |
8 | | this Act as amended and in effect on November 18, 2011.
|
9 | | B. (Blank).
|
10 | | C. For calendar year 1988
and each calendar year |
11 | | thereafter, for which the state
experience factor is being |
12 | | determined.
|
13 | | 1. For every $50,000,000 (or fraction thereof) by which
|
14 | | the adjusted trust fund balance falls below the target |
15 | | balance set forth in
this subsection,
the state experience |
16 | | factor for the succeeding year shall
be increased one |
17 | | percent absolute.
|
18 | | For every $50,000,000 (or fraction thereof) by which
|
19 | | the adjusted trust fund balance exceeds the target balance |
20 | | set forth in this
subsection, the
state experience factor |
21 | | for the succeeding year shall be
decreased by one percent |
22 | | absolute.
|
23 | | The target balance in each calendar year prior to 2003 |
24 | | is $750,000,000.
The
target balance in
calendar year 2003 |
25 | | is $920,000,000. The target balance in calendar year 2004 |
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1 | | is
$960,000,000.
The target balance in calendar year 2005 |
2 | | and each calendar year thereafter
is
$1,000,000,000.
|
3 | | 2. For the purposes of this subsection:
|
4 | | "Net trust fund balance" is the amount standing to the
|
5 | | credit of this State's account in the unemployment trust
|
6 | | fund as of June 30 of the calendar year immediately |
7 | | preceding
the year for which a state experience factor is |
8 | | being determined.
|
9 | | "Adjusted trust fund balance" is the net trust fund |
10 | | balance
minus the sum of the benefit reserves for fund |
11 | | building
for July 1, 1987 through June 30 of the year prior |
12 | | to the
year for which the state experience factor is being |
13 | | determined.
The adjusted trust fund balance shall not be |
14 | | less than
zero. If the preceding calculation results in a |
15 | | number
which is less than zero, the amount by which it is |
16 | | less
than zero shall reduce the sum of the benefit reserves
|
17 | | for fund building for subsequent years.
|
18 | | For the purpose of determining the state experience |
19 | | factor
for 1989 and for each calendar year thereafter, the |
20 | | following
"benefit reserves for fund building" shall apply |
21 | | for each
state experience factor calculation in which that |
22 | | 12 month
period is applicable:
|
23 | | a. For the 12 month period ending on June 30, 1988, |
24 | | the
"benefit reserve for fund building" shall be |
25 | | 8/104th of
the total benefits paid from January 1, 1988 |
26 | | through June 30, 1988.
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1 | | b. For the 12 month period ending on June 30, 1989, |
2 | | the
"benefit reserve for fund building" shall be the |
3 | | sum of:
|
4 | | i. 8/104ths of the total benefits paid from |
5 | | July 1,
1988 through December 31, 1988, plus
|
6 | | ii. 4/108ths of the total benefits paid from |
7 | | January
1, 1989 through June 30, 1989.
|
8 | | c. For the 12 month period ending on June 30, 1990, |
9 | | the
"benefit reserve for fund building" shall be |
10 | | 4/108ths of
the total benefits paid from July 1, 1989 |
11 | | through December 31, 1989.
|
12 | | d. For 1992 and for each calendar year thereafter, |
13 | | the
"benefit reserve for fund building" for the 12 |
14 | | month period
ending on June 30, 1991 and for each |
15 | | subsequent 12 month
period shall be zero.
|
16 | | 3. Notwithstanding the preceding provisions of this |
17 | | subsection,
for calendar years 1988 through 2003, the state |
18 | | experience factor shall not
be increased or decreased
by |
19 | | more than 15 percent absolute.
|
20 | | D. Notwithstanding the provisions of subsection C, the
|
21 | | adjusted state experience factor:
|
22 | | 1. Shall be 111 percent for calendar year 1988;
|
23 | | 2. Shall not be less than 75 percent nor greater than
|
24 | | 135 percent for calendar years 1989 through 2003; and shall |
25 | | not
be less than 75% nor greater than 150% for calendar |
26 | | year 2004 and each
calendar year
thereafter, not counting |
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1 | | any increase pursuant to subsection D-1, D-2, or D-3;
|
2 | | 3. Shall not be decreased by more than 5 percent |
3 | | absolute for any
calendar year, beginning in calendar year |
4 | | 1989 and through calendar year
1992, by more than 6% |
5 | | absolute for calendar years 1993
through 1995, by more than |
6 | | 10% absolute for calendar years
1999 through 2003 and by |
7 | | more than 12% absolute for calendar year 2004 and
each |
8 | | calendar year thereafter, from the adjusted state
|
9 | | experience factor of the calendar year preceding the |
10 | | calendar year for which
the adjusted state experience |
11 | | factor is being determined;
|
12 | | 4. Shall not be increased by more than 15% absolute for |
13 | | calendar year
1993, by more than 14% absolute for calendar |
14 | | years 1994 and
1995, by more than 10% absolute for calendar |
15 | | years 1999
through 2003 and by more than 16% absolute for |
16 | | calendar year 2004 and each
calendar
year
thereafter, from |
17 | | the adjusted state experience factor for the calendar year
|
18 | | preceding the calendar year for which the adjusted state |
19 | | experience factor
is being determined;
|
20 | | 5. Shall be 100% for calendar years 1996, 1997, and |
21 | | 1998.
|
22 | | D-1. The adjusted state experience factor for each of |
23 | | calendar years 2013 through 2015 shall be increased by 5% |
24 | | absolute above the adjusted state experience factor as |
25 | | calculated without regard to this subsection. The adjusted |
26 | | state experience factor for each of calendar years 2016 through |
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1 | | 2018 shall be increased by 6% absolute above the adjusted state |
2 | | experience factor as calculated without regard to this |
3 | | subsection. The increase in the adjusted state experience |
4 | | factor for calendar year 2018 pursuant to this subsection shall |
5 | | not be counted for purposes of applying paragraph 3 or 4 of |
6 | | subsection D to the calculation of the adjusted state |
7 | | experience factor for calendar year 2019. |
8 | | D-2. (Blank). |
9 | | D-3. The adjusted state experience factor for calendar year |
10 | | 2022 shall be increased by 16% 22% absolute above the adjusted |
11 | | state experience factor as calculated without regard to this |
12 | | subsection. The increase in the adjusted state experience |
13 | | factor for calendar year 2022 pursuant to this subsection shall |
14 | | not be counted for purposes of applying paragraph 3 or 4 of |
15 | | subsection D to the calculation of the adjusted state |
16 | | experience factor for calendar year 2023. |
17 | | E. The amount standing to the credit of this State's |
18 | | account in the
unemployment trust fund as of June 30 shall be |
19 | | deemed to include as part
thereof (a) any amount receivable on |
20 | | that date from any Federal
governmental agency, or as a payment |
21 | | in lieu of contributions under the
provisions of Sections 1403 |
22 | | and 1405 B and paragraph 2 of Section 302C,
in reimbursement of |
23 | | benefits paid to individuals, and (b) amounts
credited by the |
24 | | Secretary of the Treasury of the United States to this
State's |
25 | | account in the unemployment trust fund pursuant to Section 903
|
26 | | of the Federal Social Security Act, as amended, including any |
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1 | | such
amounts which have been appropriated by the General |
2 | | Assembly in
accordance with the provisions of Section 2100 B |
3 | | for expenses of
administration, except any amounts which have |
4 | | been obligated on or
before that date pursuant to such |
5 | | appropriation.
|
6 | | (Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20 .)
|
7 | | (820 ILCS 405/1506.6) |
8 | | Sec. 1506.6. Surcharge; specified period. For each |
9 | | employer whose contribution rate for calendar year 2022 is |
10 | | determined pursuant to Section 1500 or 1506.1, in addition to |
11 | | the contribution rate established pursuant to Section 1506.3, |
12 | | an additional surcharge of 0.325% 0.425% shall be added to the |
13 | | contribution rate. The surcharge established by this Section |
14 | | shall be due at the same time as other contributions with |
15 | | respect to the quarter are due, as provided in Section 1400. |
16 | | Payments attributable to the surcharge established pursuant to |
17 | | this Section shall be contributions and deposited into the |
18 | | clearing account.
|
19 | | (Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20 .)
|
20 | | Section 90. The State Mandates Act is amended by adding |
21 | | Section 8.44 as follows:
|
22 | | (30 ILCS 805/8.44 new) |
23 | | Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8 |