Bill Text: IL HB0418 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends provisions of the Unemployment Insurance Act concerning an employer's benefit charges. Provides that an employer is not regarded as having caused a claimant to become unemployed by reduction of work offered if: the claimant performed services for the employer in each of the 6 weeks immediately preceding the claimant's current benefit year and those services did not result in the claimant ceasing to be an unemployed individual, and the claimant performed services for the employer in each week of the claimant's current benefit year and those services did not result in the claimant ceasing to be an unemployed individual for more than 2 weeks during the claimant's current benefit year.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-01-28 - Referred to Rules Committee [HB0418 Detail]

Download: Illinois-2015-HB0418-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB0418 Introduced , by Rep. Joe Sosnowski SYNOPSIS AS INTRODUCED:
820 ILCS 405/1502.1 from Ch. 48, par. 572.1
Amends provisions of the Unemployment Insurance Act concerning an employer's benefit charges. Provides that an employer is not regarded as having caused a claimant to become unemployed by reduction of work offered if: the claimant performed services for the employer in each of the 6 weeks immediately preceding the claimant's current benefit year and those services did not result in the claimant ceasing to be an unemployed individual, and the claimant performed services for the employer in each week of the claimant's current benefit year and those services did not result in the claimant ceasing to be an unemployed individual for more than 2 weeks during the claimant's current benefit year.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unemployment Insurance Act is amended by
changing Section 1502.1 as follows:
(820 ILCS 405/1502.1) (from Ch. 48, par. 572.1)
Sec. 1502.1. Employer's benefit charges.
A. Benefit charges which result from payments to any
claimant made on or after July 1, 1989 shall be charged:
1. For benefit years beginning prior to July 1, 1989,
to each employer who paid wages to the claimant during his
base period;
2. For benefit years beginning on or after July 1, 1989
but before January 1, 1993, to the later of:
a. the last employer prior to the beginning of the
claimant's benefit year:
i. from whom the claimant was separated or who,
by reduction of work offered, caused the claimant
to become unemployed as defined in Section 239,
and,
ii. for whom the claimant performed services
in employment, on each of 30 days whether or not
such days are consecutive, provided that the wages

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for such services were earned during the period
from the beginning of the claimant's base period to
the beginning of the claimant's benefit year; but
that employer shall not be charged if:
(1) the claimant's last separation from
that employer was a voluntary leaving without
good cause, as the term is used in Section 601A
or under the circumstances described in
paragraphs 1 and 2 of Section 601B; or
(2) the claimant's last separation from
that employer was a discharge for misconduct or
a felony or theft connected with his work from
that employer, as these terms are used in
Section 602; or
(3) after his last separation from that
employer, prior to the beginning of his benefit
year, the claimant refused to accept an offer
of or to apply for suitable work from that
employer without good cause, as these terms are
used in Section 603; or
(4) the claimant, following his last
separation from that employer, prior to the
beginning of his benefit year, is ineligible or
would have been ineligible under Section 612 if
he has or had had base period wages from the
employers to which that Section applies; or

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(5) the claimant subsequently performed
services for at least 30 days for an individual
or organization which is not an employer
subject to this Act; or
b. the single employer who pays wages to the
claimant that allow him to requalify for benefits after
disqualification under Section 601, 602 or 603, if:
i. the disqualifying event occurred prior to
the beginning of the claimant's benefit year, and
ii. the requalification occurred after the
beginning of the claimant's benefit year, and
iii. even if the 30 day requirement given in
this paragraph is not satisfied; but
iv. the requalifying employer shall not be
charged if the claimant is held ineligible with
respect to that requalifying employer under
Section 601, 602 or 603.
3. For benefit years beginning on or after January 1,
1993, with respect to each week for which benefits are
paid, to the later of:
a. the last employer:
i. from whom the claimant was separated or who,
by reduction of work offered, caused the claimant
to become unemployed as defined in Section 239, and
ii. for whom the claimant performed services
in employment, on each of 30 days whether or not

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such days are consecutive, provided that the wages
for such services were earned since the beginning
of the claimant's base period; but that employer
shall not be charged if:
(1) the claimant's separation from that
employer was a voluntary leaving without good
cause, as the term is used in Section 601A or
under the circumstances described in
paragraphs 1, 2, and 6 of Section 601B; or
(2) the claimant's separation from that
employer was a discharge for misconduct or a
felony or theft connected with his work from
that employer, as these terms are used in
Section 602; or
(3) the claimant refused to accept an
offer of or to apply for suitable work from
that employer without good cause, as these
terms are used in Section 603 (but only for
weeks following the refusal of work); or
(4) the claimant subsequently performed
services for at least 30 days for an individual
or organization which is not an employer
subject to this Act; or
(5) the claimant, following his separation
from that employer, is ineligible or would have
been ineligible under Section 612 if he has or

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had had base period wages from the employers to
which that Section applies (but only for the
period of ineligibility or potential
ineligibility); or
b. the single employer who pays wages to the
claimant that allow him to requalify for benefits after
disqualification under Section 601, 602, or 603, even
if the 30 day requirement given in this paragraph is
not satisfied; but the requalifying employer shall not
be charged if the claimant is held ineligible with
respect to that requalifying employer under Section
601, 602, or 603.
B. Whenever a claimant is ineligible pursuant to Section
614 on the basis of wages paid during his base period, any days
on which such wages were earned shall not be counted in
determining whether that claimant performed services during at
least 30 days for the employer that paid such wages as required
by paragraphs 2 and 3 of subsection A.
C. If no employer meets the requirements of paragraph 2 or
3 of subsection A, then no employer will be chargeable for any
benefit charges which result from the payment of benefits to
the claimant for that benefit year.
D. Notwithstanding the preceding provisions of this
Section, no employer shall be chargeable for any benefit
charges which result from the payment of benefits to any
claimant after the effective date of this amendatory Act of

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1992 where the claimant's separation from that employer
occurred as a result of his detention, incarceration, or
imprisonment under State, local, or federal law.
D-1. Notwithstanding any other provision of this Act,
including those affecting finality of benefit charges or rates,
an employer shall not be chargeable for any benefit charges
which result from the payment of benefits to an individual for
any week of unemployment after January 1, 2003, during the
period that the employer's business is closed solely because of
the entrance of the employer, one or more of the partners or
officers of the employer, or the majority stockholder of the
employer into active duty in the Illinois National Guard or the
Armed Forces of the United States.
D-2. For purposes of subparagraph a of paragraph 3 of
subsection A, with respect to benefit years beginning on and
after the effective date of this amendatory Act of the 99th
General Assembly, an employer shall not be regarded as having
caused a claimant to become unemployed by reduction of work
offered if (1) the claimant performed services for the employer
in each of the 6 weeks immediately preceding the claimant's
current benefit year and those services did not result in the
claimant ceasing to be an unemployed individual, as defined in
Section 239, based upon the weekly benefit amount for the
claimant's current benefit year; and (2) the claimant has
performed services for the employer in each week of the
claimant's current benefit year and those services did not

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result in the claimant ceasing to be an unemployed individual,
as defined in Section 239, for more than 2 weeks during the
claimant's current benefit year.
E. For the purposes of Sections 302, 409, 701, 1403, 1404,
1405 and 1508.1, last employer means the employer that:
1. is charged for benefit payments which become benefit
charges under this Section, or
2. would have been liable for such benefit charges if
it had not elected to make payments in lieu of
contributions.
(Source: P.A. 93-634, eff. 1-1-04; 93-1012, eff. 8-24-04;
94-152, eff. 7-8-05.)