Bill Text: IL HB1285 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Prevailing Wage Act. Makes a technical change in a Section concerning construction of the Act.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-12-04 - Public Act . . . . . . . . . 99-0488 [HB1285 Detail]
Download: Illinois-2015-HB1285-Enrolled.html
Bill Title: Amends the Prevailing Wage Act. Makes a technical change in a Section concerning construction of the Act.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-12-04 - Public Act . . . . . . . . . 99-0488 [HB1285 Detail]
Download: Illinois-2015-HB1285-Enrolled.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Unemployment Insurance Act is amended by | ||||||
5 | changing Sections 401, 403, 602, 611, 1505, and 1506.6 as | ||||||
6 | follows:
| ||||||
7 | (820 ILCS 405/401) (from Ch. 48, par. 401) | ||||||
8 | Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
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9 | A. With respect to any week beginning in a benefit year | ||||||
10 | beginning prior to January 4, 2004, an
individual's weekly | ||||||
11 | benefit amount shall be an amount equal to the weekly
benefit | ||||||
12 | amount as defined in the provisions of this Act as amended and | ||||||
13 | in effect on November 18, 2011.
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14 | B. 1.
With respect to any benefit year beginning on or | ||||||
15 | after January 4, 2004 and
before January 6, 2008, an | ||||||
16 | individual's weekly benefit amount shall be 48% of
his or her | ||||||
17 | prior average weekly wage, rounded (if not already a multiple | ||||||
18 | of one
dollar) to the next higher dollar; provided, however, | ||||||
19 | that the weekly benefit
amount cannot exceed the maximum weekly | ||||||
20 | benefit amount and cannot be less than
$51. Except as otherwise | ||||||
21 | provided in this Section, with respect to any benefit year | ||||||
22 | beginning on or after January 6, 2008, an
individual's weekly | ||||||
23 | benefit amount shall be 47% of his or her prior average
weekly |
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1 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
2 | next
higher dollar; provided, however, that the weekly benefit | ||||||
3 | amount cannot exceed
the maximum weekly benefit amount and | ||||||
4 | cannot be less than $51.
With respect to any benefit year | ||||||
5 | beginning in calendar year 2016, an individual's weekly benefit | ||||||
6 | amount shall be 42.8% of his or her prior average weekly wage, | ||||||
7 | rounded (if not already a multiple of one dollar) to the next | ||||||
8 | higher dollar; provided, however, that the weekly benefit | ||||||
9 | amount cannot exceed the maximum weekly benefit amount and | ||||||
10 | cannot be less than $51. With respect to any benefit year | ||||||
11 | beginning in calendar year 2018, an individual's weekly benefit | ||||||
12 | amount shall be 42.9% of his or her prior average weekly wage, | ||||||
13 | rounded (if not already a multiple of one dollar) to the next | ||||||
14 | higher dollar; provided, however, that the weekly benefit | ||||||
15 | amount cannot exceed the maximum weekly benefit amount and | ||||||
16 | cannot be less than $51.
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17 | 2. For the purposes of this subsection:
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18 | An
individual's "prior average weekly wage" means the total | ||||||
19 | wages for insured
work paid to that individual during the 2 | ||||||
20 | calendar quarters of his base
period in which such total wages | ||||||
21 | were highest, divided by 26. If
the quotient is not already a | ||||||
22 | multiple of one dollar, it shall be
rounded to the nearest | ||||||
23 | dollar; however if the quotient is equally near
2 multiples of | ||||||
24 | one dollar, it shall be rounded to the higher multiple of
one | ||||||
25 | dollar.
| ||||||
26 | "Determination date" means June 1 and December 1 of each |
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1 | calendar year except that, for the purposes
of this Act only, | ||||||
2 | there shall be no June 1 determination date in any
year.
| ||||||
3 | "Determination period" means, with respect to each June 1 | ||||||
4 | determination
date, the 12 consecutive calendar months ending | ||||||
5 | on the immediately preceding
December 31 and, with respect to | ||||||
6 | each December 1 determination date, the
12 consecutive calendar | ||||||
7 | months ending on the immediately preceding June 30.
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8 | "Benefit period" means the 12 consecutive calendar month | ||||||
9 | period
beginning on the first day of the first calendar month | ||||||
10 | immediately following
a determination date, except that, with | ||||||
11 | respect to any calendar year
in which there is a June 1 | ||||||
12 | determination date, "benefit period" shall mean
the 6 | ||||||
13 | consecutive calendar month period beginning on the first day of | ||||||
14 | the first
calendar month immediately following the preceding | ||||||
15 | December 1 determination
date and the 6 consecutive calendar | ||||||
16 | month period beginning on the first
day of the first calendar | ||||||
17 | month immediately following the June 1 determination
date.
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18 | "Gross wages" means all the wages paid to individuals | ||||||
19 | during the
determination period immediately preceding a | ||||||
20 | determination date for
insured work, and reported to the | ||||||
21 | Director by employers prior to the
first day of the third | ||||||
22 | calendar month preceding that date.
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23 | "Covered employment" for any calendar month means the total | ||||||
24 | number of
individuals, as determined by the Director, engaged | ||||||
25 | in insured work at
mid-month.
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26 | "Average monthly covered employment" means one-twelfth of |
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1 | the sum of
the covered employment for the 12 months of a | ||||||
2 | determination period.
| ||||||
3 | "Statewide average annual wage" means the quotient, | ||||||
4 | obtained by
dividing gross wages by average monthly covered | ||||||
5 | employment for the same
determination period, rounded (if not | ||||||
6 | already a multiple of one cent) to
the nearest cent.
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7 | "Statewide average weekly wage" means the quotient, | ||||||
8 | obtained by
dividing the statewide average annual wage by 52, | ||||||
9 | rounded (if not
already a multiple of one cent) to the nearest | ||||||
10 | cent. Notwithstanding any provision of this Section to the | ||||||
11 | contrary, the statewide average weekly wage for any benefit | ||||||
12 | period prior to calendar year 2012 shall be as determined by | ||||||
13 | the provisions of this Act as amended and in effect on November | ||||||
14 | 18, 2011. Notwithstanding any
provisions of this Section to the | ||||||
15 | contrary, the statewide average weekly
wage for the benefit | ||||||
16 | period of calendar year 2012 shall be $856.55 and for each | ||||||
17 | calendar year
thereafter, the
statewide average weekly wage | ||||||
18 | shall be the statewide
average weekly wage, as determined in | ||||||
19 | accordance with
this sentence, for the immediately preceding | ||||||
20 | benefit
period plus (or minus) an amount equal to the | ||||||
21 | percentage
change in the statewide average weekly wage, as | ||||||
22 | computed
in accordance with the first sentence of this | ||||||
23 | paragraph,
between the 2 immediately preceding benefit | ||||||
24 | periods,
multiplied by the statewide average weekly wage, as
| ||||||
25 | determined in accordance with this sentence, for the
| ||||||
26 | immediately preceding benefit period.
However, for purposes of |
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1 | the
Workers'
Compensation Act, the statewide average weekly | ||||||
2 | wage will be computed
using June 1 and December 1 determination | ||||||
3 | dates of each calendar year and
such determination shall not be | ||||||
4 | subject to the limitation of the statewide average weekly wage | ||||||
5 | as
computed in accordance with the preceding sentence of this
| ||||||
6 | paragraph.
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7 | With respect to any week beginning in a benefit year | ||||||
8 | beginning prior to January 4, 2004, "maximum weekly benefit | ||||||
9 | amount" with respect to each week beginning within a benefit | ||||||
10 | period shall be as defined in the provisions of this Act as | ||||||
11 | amended and in effect on November 18, 2011.
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12 | With respect to any benefit year beginning on or after | ||||||
13 | January 4, 2004 and
before January 6, 2008, "maximum weekly | ||||||
14 | benefit amount" with respect to each
week beginning within a | ||||||
15 | benefit period means 48% of the statewide average
weekly wage, | ||||||
16 | rounded (if not already a multiple of one dollar) to the next
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17 | higher dollar.
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18 | Except as otherwise provided in this Section, with respect | ||||||
19 | to any benefit year beginning on or after January 6, 2008,
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20 | "maximum weekly benefit amount" with respect to each week | ||||||
21 | beginning within a
benefit period means 47% of the statewide | ||||||
22 | average weekly wage, rounded (if not
already a multiple of one | ||||||
23 | dollar) to the next higher dollar.
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24 | With respect to any benefit year beginning in calendar year | ||||||
25 | 2016, "maximum weekly benefit amount" with respect to each week | ||||||
26 | beginning within a benefit period means 42.8% of the statewide |
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| |||||||
1 | average weekly wage, rounded (if not already a multiple of one | ||||||
2 | dollar) to the next higher dollar. | ||||||
3 | With respect to any benefit year beginning in calendar year | ||||||
4 | 2018, "maximum weekly benefit amount" with respect to each week | ||||||
5 | beginning within a benefit period means 42.9% of the statewide | ||||||
6 | average weekly wage, rounded (if not already a multiple of one | ||||||
7 | dollar) to the next higher dollar. | ||||||
8 | C. With respect to any week beginning in a benefit year | ||||||
9 | beginning prior to January 4, 2004, an individual's eligibility | ||||||
10 | for a dependent allowance with respect to a nonworking spouse | ||||||
11 | or one or more dependent children shall be as defined by the | ||||||
12 | provisions of this Act as amended and in effect on November 18, | ||||||
13 | 2011.
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14 | With respect to any benefit year beginning on or after | ||||||
15 | January 4, 2004 and
before January 6, 2008, an individual to | ||||||
16 | whom benefits are payable with respect
to any week shall, in | ||||||
17 | addition to those benefits, be paid, with respect to such
week, | ||||||
18 | as follows: in the case of an individual with a nonworking | ||||||
19 | spouse, 9% of
his or her prior average weekly wage, rounded (if | ||||||
20 | not already a multiple of one
dollar) to the next higher | ||||||
21 | dollar, provided, that the total amount payable to
the | ||||||
22 | individual with respect to a week shall not exceed 57% of the | ||||||
23 | statewide
average weekly wage, rounded (if not already a | ||||||
24 | multiple of one dollar) to the
next higher dollar; and in the | ||||||
25 | case of an individual with a dependent child or
dependent | ||||||
26 | children, 17.2% of his or her prior average weekly wage, |
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1 | rounded (if
not already a multiple of one dollar) to the next | ||||||
2 | higher dollar, provided that
the total amount payable to the | ||||||
3 | individual with respect to a week shall not
exceed 65.2% of the | ||||||
4 | statewide average weekly wage, rounded (if not already a
| ||||||
5 | multiple of one dollar) to the next higher dollar.
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6 | With respect to any benefit year beginning on or after | ||||||
7 | January 6, 2008 and before January 1, 2010, an
individual to | ||||||
8 | whom benefits are payable with respect to any week shall, in
| ||||||
9 | addition to those benefits, be paid, with respect to such week, | ||||||
10 | as follows: in
the case of an individual with a nonworking | ||||||
11 | spouse, 9% of his or her prior
average weekly wage, rounded (if | ||||||
12 | not already a multiple of one dollar) to the
next higher | ||||||
13 | dollar, provided, that the total amount payable
to the | ||||||
14 | individual with respect to a week shall not exceed 56% of the | ||||||
15 | statewide
average weekly wage, rounded (if not already a | ||||||
16 | multiple of one dollar) to the
next higher dollar; and in the | ||||||
17 | case of an individual with a dependent child or
dependent | ||||||
18 | children, 18.2% of his or her prior average weekly wage, | ||||||
19 | rounded (if
not already a multiple of one dollar) to the next | ||||||
20 | higher dollar, provided that
the total amount payable to the | ||||||
21 | individual with respect to a week
shall not exceed 65.2% of the | ||||||
22 | statewide average weekly wage, rounded (if not
already a | ||||||
23 | multiple of one dollar) to the next higher dollar. | ||||||
24 | The additional
amount paid pursuant to this subsection in | ||||||
25 | the case of an individual with a
dependent child or dependent | ||||||
26 | children shall be referred to as the "dependent
child |
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1 | allowance", and the percentage rate by which an individual's | ||||||
2 | prior average weekly wage is multiplied pursuant to this | ||||||
3 | subsection to calculate the dependent child allowance shall be | ||||||
4 | referred to as the "dependent child allowance rate". | ||||||
5 | Except as otherwise provided in this Section, with respect | ||||||
6 | to any benefit year beginning on or after January 1, 2010, an | ||||||
7 | individual to whom benefits are payable with respect to any | ||||||
8 | week shall, in addition to those benefits, be paid, with | ||||||
9 | respect to such week, as follows: in the case of an individual | ||||||
10 | with a nonworking spouse, the greater of (i) 9% of his or her | ||||||
11 | prior average weekly wage, rounded (if not already a multiple | ||||||
12 | of one dollar) to the next higher dollar, or (ii) $15, provided | ||||||
13 | that the total amount payable to the individual with respect to | ||||||
14 | a week shall not exceed 56% of the statewide average weekly | ||||||
15 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
16 | next higher dollar; and in the case of an individual with a | ||||||
17 | dependent child or dependent children, the greater of (i) the | ||||||
18 | product of the dependent child allowance rate multiplied by his | ||||||
19 | or her prior average weekly wage, rounded (if not already a | ||||||
20 | multiple of one dollar) to the next higher dollar, or (ii) the | ||||||
21 | lesser of $50 or 50% of his or her weekly benefit amount, | ||||||
22 | rounded (if not already a multiple of one dollar) to the next | ||||||
23 | higher dollar, provided that the total amount payable to the | ||||||
24 | individual with respect to a week shall not exceed the product | ||||||
25 | of the statewide average weekly wage multiplied by the sum of | ||||||
26 | 47% plus the dependent child allowance rate, rounded (if not |
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1 | already a multiple of one dollar) to the next higher dollar. | ||||||
2 | With respect to any benefit year beginning in calendar year | ||||||
3 | 2016, an individual to whom benefits are payable with respect | ||||||
4 | to any week shall, in addition to those benefits, be paid, with | ||||||
5 | respect to such week, as follows: in the case of an individual | ||||||
6 | with a nonworking spouse, the greater of (i) 9% of his or her | ||||||
7 | prior average weekly wage, rounded (if not already a multiple | ||||||
8 | of one dollar) to the next higher dollar, or (ii) $15, provided | ||||||
9 | that the total amount payable to the individual with respect to | ||||||
10 | a week shall not exceed 51.8% of the statewide average weekly | ||||||
11 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
12 | next higher dollar; and in the case of an individual with a | ||||||
13 | dependent child or dependent children, the greater of (i) the | ||||||
14 | product of the dependent child allowance rate multiplied by his | ||||||
15 | or her prior average weekly wage, rounded (if not already a | ||||||
16 | multiple of one dollar) to the next higher dollar, or (ii) the | ||||||
17 | lesser of $50 or 50% of his or her weekly benefit amount, | ||||||
18 | rounded (if not already a multiple of one dollar) to the next | ||||||
19 | higher dollar, provided that the total amount payable to the | ||||||
20 | individual with respect to a week shall not exceed the product | ||||||
21 | of the statewide average weekly wage multiplied by the sum of | ||||||
22 | 42.8% plus the dependent child allowance rate, rounded (if not | ||||||
23 | already a multiple of one dollar) to the next higher dollar. | ||||||
24 | With respect to any benefit year beginning in calendar year | ||||||
25 | 2018, an individual to whom benefits are payable with respect | ||||||
26 | to any week shall, in addition to those benefits, be paid, with |
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1 | respect to such week, as follows: in the case of an individual | ||||||
2 | with a nonworking spouse, the greater of (i) 9% of his or her | ||||||
3 | prior average weekly wage, rounded (if not already a multiple | ||||||
4 | of one dollar) to the next higher dollar, or (ii) $15, provided | ||||||
5 | that the total amount payable to the individual with respect to | ||||||
6 | a week shall not exceed 51.9% of the statewide average weekly | ||||||
7 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
8 | next higher dollar; and in the case of an individual with a | ||||||
9 | dependent child or dependent children, the greater of (i) the | ||||||
10 | product of the dependent child allowance rate multiplied by his | ||||||
11 | or her prior average weekly wage, rounded (if not already a | ||||||
12 | multiple of one dollar) to the next higher dollar, or (ii) the | ||||||
13 | lesser of $50 or 50% of his or her weekly benefit amount, | ||||||
14 | rounded (if not already a multiple of one dollar) to the next | ||||||
15 | higher dollar, provided that the total amount payable to the | ||||||
16 | individual with respect to a week shall not exceed the product | ||||||
17 | of the statewide average weekly wage multiplied by the sum of | ||||||
18 | 42.9% plus the dependent child allowance rate, rounded (if not | ||||||
19 | already a multiple of one dollar) to the next higher dollar. | ||||||
20 | With respect to each benefit year beginning after calendar | ||||||
21 | year 2012, the
dependent child allowance rate shall be the sum | ||||||
22 | of the allowance adjustment
applicable pursuant to Section | ||||||
23 | 1400.1 to the calendar year in which the benefit
year begins, | ||||||
24 | plus the dependent child
allowance rate with respect to each | ||||||
25 | benefit year beginning in the immediately
preceding calendar | ||||||
26 | year, except as otherwise provided in this subsection. The |
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1 | dependent
child allowance rate with respect to each benefit | ||||||
2 | year beginning in calendar year 2010 shall be 17.9%.
The | ||||||
3 | dependent child allowance rate with respect to each benefit | ||||||
4 | year beginning in calendar year 2011 shall be 17.4%. The | ||||||
5 | dependent child allowance rate with respect to each benefit | ||||||
6 | year beginning in calendar year 2012 shall be 17.0% and, with | ||||||
7 | respect to each benefit year beginning after calendar year | ||||||
8 | 2012, shall not be less than 17.0% or greater than 17.9%.
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9 | For the purposes of this subsection:
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10 | "Dependent" means a child or a nonworking spouse.
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11 | "Child" means a natural child, stepchild, or adopted child | ||||||
12 | of an
individual claiming benefits under this Act or a child | ||||||
13 | who is in the
custody of any such individual by court order, | ||||||
14 | for whom the individual is
supplying and, for at least 90 | ||||||
15 | consecutive days (or for the duration of
the parental | ||||||
16 | relationship if it has existed for less than 90 days)
| ||||||
17 | immediately preceding any week with respect to which the | ||||||
18 | individual has
filed a claim, has supplied more than one-half | ||||||
19 | the cost of support, or
has supplied at least 1/4 of the cost | ||||||
20 | of support if the individual and
the other parent, together, | ||||||
21 | are supplying and, during the aforesaid
period, have supplied | ||||||
22 | more than one-half the cost of support, and are,
and were | ||||||
23 | during the aforesaid period, members of the same household; and
| ||||||
24 | who, on the first day of such week (a) is under 18 years of age, | ||||||
25 | or (b)
is, and has been during the immediately preceding 90 | ||||||
26 | days, unable to
work because of illness or other disability: |
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| |||||||
1 | provided, that no person
who has been determined to be a child | ||||||
2 | of an individual who has been
allowed benefits with respect to | ||||||
3 | a week in the individual's benefit
year shall be deemed to be a | ||||||
4 | child of the other parent, and no other
person shall be | ||||||
5 | determined to be a child of such other parent, during
the | ||||||
6 | remainder of that benefit year.
| ||||||
7 | "Nonworking spouse" means the lawful husband or wife of an | ||||||
8 | individual
claiming benefits under this Act, for whom more than | ||||||
9 | one-half the cost
of support has been supplied by the | ||||||
10 | individual for at least 90
consecutive days (or for the | ||||||
11 | duration of the marital relationship if it
has existed for less | ||||||
12 | than 90 days) immediately preceding any week with
respect to | ||||||
13 | which the individual has filed a claim, but only if the
| ||||||
14 | nonworking spouse is currently ineligible to receive benefits | ||||||
15 | under this
Act by reason of the provisions of Section 500E.
| ||||||
16 | An individual who was obligated by law to provide for the | ||||||
17 | support of
a child or of a nonworking spouse for the aforesaid | ||||||
18 | period of 90 consecutive
days, but was prevented by illness or | ||||||
19 | injury from doing so, shall be deemed
to have provided more | ||||||
20 | than one-half the cost of supporting the child or
nonworking | ||||||
21 | spouse for that period.
| ||||||
22 | (Source: P.A. 96-30, eff. 6-30-09; 97-621, eff. 11-18-11; | ||||||
23 | 97-791, eff. 1-1-13.)
| ||||||
24 | (820 ILCS 405/403) (from Ch. 48, par. 403)
| ||||||
25 | Sec. 403. Maximum total amount of benefits. ) |
| |||||||
| |||||||
1 | A. With respect to
any benefit year beginning prior to | ||||||
2 | September 30, 1979, any otherwise eligible
individual shall be | ||||||
3 | entitled, during such benefit year, to a maximum
total amount | ||||||
4 | of benefits as shall be determined in the manner set forth
in | ||||||
5 | this Act as amended and in effect on November 9, 1977.
| ||||||
6 | B. With respect to any benefit year beginning on or after | ||||||
7 | September 30,
1979, except as otherwise provided in this | ||||||
8 | Section, any otherwise eligible individual shall be entitled, | ||||||
9 | during such benefit
year, to a maximum total amount of benefits | ||||||
10 | equal to 26 times his or her weekly
benefit amount plus | ||||||
11 | dependents' allowances, or to the total wages for insured
work | ||||||
12 | paid to such individual during the individual's base period, | ||||||
13 | whichever
amount is smaller. With respect to any benefit year | ||||||
14 | beginning in calendar year 2012, any otherwise eligible | ||||||
15 | individual shall be entitled, during such benefit year, to a | ||||||
16 | maximum total amount of benefits equal to 25 times his or her | ||||||
17 | weekly benefit amount plus dependents' allowances, or to the | ||||||
18 | total wages for insured work paid to such individual during the | ||||||
19 | individual's base period, whichever amount is smaller. If the | ||||||
20 | maximum amount includable as "wages" pursuant to Section 235 is | ||||||
21 | $13,560 with respect to calendar year 2013, then, with respect | ||||||
22 | to any benefit year beginning after March 31, 2013 and before | ||||||
23 | April 1, 2014, any otherwise eligible individual shall be | ||||||
24 | entitled, during such benefit year, to a maximum total amount | ||||||
25 | of benefits equal to 25 times his or her weekly benefit amount | ||||||
26 | plus dependents allowances, or to the total wages for insured |
| |||||||
| |||||||
1 | work paid to such individual during the individual's base | ||||||
2 | period, whichever amount is smaller. With respect to any | ||||||
3 | benefit year beginning in calendar year 2016 or 2018, any | ||||||
4 | otherwise eligible individual shall be entitled, during such | ||||||
5 | benefit year, to a maximum total amount of benefits equal to 24 | ||||||
6 | times his or her weekly benefit amount plus dependents' | ||||||
7 | allowances, or to the total wages for insured work paid to such | ||||||
8 | individual during the individual's base period, whichever | ||||||
9 | amount is smaller.
| ||||||
10 | (Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11.)
| ||||||
11 | (820 ILCS 405/602) (from Ch. 48, par. 432)
| ||||||
12 | Sec. 602. Discharge for misconduct - Felony. A. An | ||||||
13 | individual shall be
ineligible for benefits for the week in | ||||||
14 | which he has been discharged for
misconduct connected with his | ||||||
15 | work and, thereafter, until he has become
reemployed and has | ||||||
16 | had earnings equal to or in excess of his current weekly
| ||||||
17 | benefit amount in each of four calendar weeks
which are either | ||||||
18 | for services in employment, or have been or will be reported
| ||||||
19 | pursuant to the provisions of the Federal Insurance | ||||||
20 | Contributions Act by
each employing unit for which such | ||||||
21 | services are performed and which submits
a statement certifying | ||||||
22 | to that fact.
The requalification requirements of the preceding | ||||||
23 | sentence shall be
deemed to have been satisfied, as of the date | ||||||
24 | of reinstatement, if,
subsequent to his discharge by an | ||||||
25 | employing unit for misconduct connected
with his work, such |
| |||||||
| |||||||
1 | individual is reinstated by such employing unit. For
purposes | ||||||
2 | of this subsection, the term "misconduct" means the deliberate | ||||||
3 | and
willful violation of a reasonable rule or policy of the | ||||||
4 | employing unit,
governing the individual's behavior in | ||||||
5 | performance of his work, provided
such violation has harmed the | ||||||
6 | employing unit or other employees or has been
repeated by the | ||||||
7 | individual despite a warning or other explicit instruction
from | ||||||
8 | the employing unit. The previous definition notwithstanding, | ||||||
9 | "misconduct" shall include any of the following work-related | ||||||
10 | circumstances: | ||||||
11 | 1. Falsification of an employment application, or any | ||||||
12 | other documentation provided to the employer, to obtain | ||||||
13 | employment through subterfuge. | ||||||
14 | 2. Failure to maintain licenses, registrations, and | ||||||
15 | certifications reasonably required by the employer, or | ||||||
16 | those that the individual is required to possess by law, to | ||||||
17 | perform his or her regular job duties, unless the failure | ||||||
18 | is not within the control of the individual. | ||||||
19 | 3. Knowing, repeated violation of the attendance | ||||||
20 | policies of the employer that are in compliance with State | ||||||
21 | and federal law following a written warning for an | ||||||
22 | attendance violation, unless the individual can | ||||||
23 | demonstrate that he or she has made a reasonable effort to | ||||||
24 | remedy the reason or reasons for the violations or that the | ||||||
25 | reason or reasons for the violations were out of the | ||||||
26 | individual's control. Attendance policies of the employer |
| |||||||
| |||||||
1 | shall be reasonable and provided to the individual in | ||||||
2 | writing, electronically, or via posting in the workplace. | ||||||
3 | 4. Damaging the employer's property through conduct | ||||||
4 | that is grossly negligent. | ||||||
5 | 5. Refusal to obey an employer's reasonable and lawful | ||||||
6 | instruction, unless the refusal is due to the lack of | ||||||
7 | ability, skills, or training for the individual required to | ||||||
8 | obey the instruction or the instruction would result in an | ||||||
9 | unsafe act. | ||||||
10 | 6. Consuming alcohol or illegal or non-prescribed | ||||||
11 | prescription drugs, or using an impairing substance in an | ||||||
12 | off-label manner, on the employer's premises during | ||||||
13 | working hours in violation of the employer's policies. | ||||||
14 | 7. Reporting to work under the influence of alcohol, | ||||||
15 | illegal or non-prescribed prescription drugs, or an | ||||||
16 | impairing substance used in an off-label manner in | ||||||
17 | violation of the employer's policies, unless the | ||||||
18 | individual is compelled to report to work by the employer | ||||||
19 | outside of scheduled and on-call working hours and informs | ||||||
20 | the employer that he or she is under the influence of | ||||||
21 | alcohol, illegal or non-prescribed prescription drugs, or | ||||||
22 | an impairing substance used in an off-label manner in | ||||||
23 | violation of the employer's policies.
| ||||||
24 | 8. Grossly negligent conduct endangering the safety of | ||||||
25 | the individual or co-workers. | ||||||
26 | For purposes of paragraphs 4 and 8, conduct is "grossly |
| |||||||
| |||||||
1 | negligent" when the individual is, or reasonably should be, | ||||||
2 | aware of a substantial risk that the conduct will result in the | ||||||
3 | harm sought to be prevented and the conduct constitutes a | ||||||
4 | substantial deviation from the standard of care a reasonable | ||||||
5 | person would exercise in the situation. | ||||||
6 | Nothing in paragraph 6 or 7 prohibits the lawful use of | ||||||
7 | over-the-counter drug products as defined in Section 206 of the | ||||||
8 | Illinois Controlled Substances Act, provided that the | ||||||
9 | medication does not affect the safe performance of the | ||||||
10 | employee's work duties. | ||||||
11 | B. Notwithstanding any other provision of this Act, no | ||||||
12 | benefit
rights shall accrue to any individual based upon wages | ||||||
13 | from any employer
for service rendered prior to the day upon | ||||||
14 | which such individual was
discharged because of the commission | ||||||
15 | of a felony in connection with his
work, or because of theft in | ||||||
16 | connection with his work, for which the
employer was in no way | ||||||
17 | responsible; provided, that the employer notified
the Director | ||||||
18 | of such possible ineligibility within the time limits
specified | ||||||
19 | by regulations of the Director, and that the individual has
| ||||||
20 | admitted his commission of the felony or theft to a | ||||||
21 | representative of
the Director, or has signed a written | ||||||
22 | admission of such act and such
written admission has been | ||||||
23 | presented to a representative of the
Director, or such act has | ||||||
24 | resulted in a conviction or order of
supervision by a court of
| ||||||
25 | competent jurisdiction; and provided further, that if by reason | ||||||
26 | of such
act, he is in legal custody, held on bail or is a |
| |||||||
| |||||||
1 | fugitive from justice,
the determination of his benefit rights | ||||||
2 | shall be held in abeyance
pending the result of any legal | ||||||
3 | proceedings arising therefrom.
| ||||||
4 | (Source: P.A. 85-956.)
| ||||||
5 | (820 ILCS 405/611) (from Ch. 48, par. 441)
| ||||||
6 | Sec. 611. Retirement pay. A. For the purposes of this | ||||||
7 | Section
"disqualifying income" means:
| ||||||
8 | 1. The entire amount which an individual has received or | ||||||
9 | will
receive with respect to a week in the form of a retirement | ||||||
10 | payment (a)
from an individual or organization (i) for which he
| ||||||
11 | performed services during his base period or which is liable | ||||||
12 | for benefit
charges or payments in lieu of contributions as a | ||||||
13 | result of the payment of
benefits to such individual and (ii) | ||||||
14 | which pays
all of the cost of such retirement payment, or (b) | ||||||
15 | from a trust, annuity
or insurance fund or under an annuity or | ||||||
16 | insurance contract, to or under
which an individual or | ||||||
17 | organization for which he
performed services during his base | ||||||
18 | period or which is liable for benefit
charges or payments in | ||||||
19 | lieu of contributions as a result of the payment of
benefits to | ||||||
20 | such individual pays or has paid
all of the premiums or | ||||||
21 | contributions; and
| ||||||
22 | 2. One-half the amount which an individual has received or | ||||||
23 | will
receive with respect to a week in the form of a retirement | ||||||
24 | payment (a)
from an individual or organization (i) for which he
| ||||||
25 | performed services during his base period or which is liable |
| |||||||
| |||||||
1 | for benefit
charges or payments in lieu of contributions as a | ||||||
2 | result of the payment of
benefits to such individual and (ii) | ||||||
3 | which pays
some, but not all, of the cost of such retirement | ||||||
4 | payment, or (b) from a
trust, annuity or insurance fund | ||||||
5 | (including primary social security old
age and disability | ||||||
6 | retirement benefits, including those based on
self-employment) | ||||||
7 | or under an annuity or insurance
contract, to or under which an | ||||||
8 | individual or organization for which he
performed
services | ||||||
9 | during his base period or which is liable for benefit charges | ||||||
10 | or
payments in lieu of contributions as a result of the payment | ||||||
11 | of benefits to
such individual pays or has paid some, but not | ||||||
12 | all, of the premiums or
contributions.
| ||||||
13 | 3. Notwithstanding paragraphs
paragraph 1 and 2
above, the
| ||||||
14 | entire amount which an individual has received or will
receive, | ||||||
15 | with respect to any week which begins after March 31, 1980, of
| ||||||
16 | any governmental or other pension, retirement, or retired pay, | ||||||
17 | annuity
or any other similar periodic payment which is based on | ||||||
18 | any previous work
of such individual during his base period or | ||||||
19 | which is liable for benefit
charges or payments in lieu of | ||||||
20 | contributions as a result of the payment of
benefits to such | ||||||
21 | individual. This paragraph shall be in effect only if it is
| ||||||
22 | required as a condition for full tax credit against the tax | ||||||
23 | imposed by
the Federal Unemployment Tax Act.
| ||||||
24 | 4. Notwithstanding paragraphs 1, 2, and 3 above, none of | ||||||
25 | the amount that an individual
has received or will receive with | ||||||
26 | respect to a week in the form of social security old age, |
| |||||||
| |||||||
1 | survivors, and disability benefits under 42 U.S.C. Section 401 | ||||||
2 | et seq., including those
based on self-employment, shall | ||||||
3 | constitute disqualifying income.
| ||||||
4 | B. Whenever an individual has received or will receive a | ||||||
5 | retirement
payment for a month, an amount shall be deemed to | ||||||
6 | have been paid him for
each day equal to one-thirtieth of such | ||||||
7 | retirement payment. If the
retirement payment is for a | ||||||
8 | half-month, an amount shall be deemed to
have been paid the | ||||||
9 | individual for each day equal to one-fifteenth of
such | ||||||
10 | retirement payment. If the retirement payment is for any other
| ||||||
11 | period, an amount shall be deemed to have been paid the | ||||||
12 | individual for
each day in such period equal to the retirement | ||||||
13 | payment divided by the
number of days in the period.
| ||||||
14 | C. An individual shall be ineligible for benefits for any | ||||||
15 | week with
respect to which his disqualifying income equals or | ||||||
16 | exceeds his weekly
benefit amount. If such disqualifying income | ||||||
17 | with respect to a week
totals less than the benefits for which | ||||||
18 | he would otherwise be eligible
under this Act, he shall be | ||||||
19 | paid, with respect to such week, benefits
reduced by the amount | ||||||
20 | of such disqualifying income.
| ||||||
21 | D. To assure full tax credit to the employers of this State | ||||||
22 | against
the tax imposed by the Federal Unemployment Tax Act, | ||||||
23 | the Director shall
take any action as may be necessary in the | ||||||
24 | administration of paragraph 3
of subsection A of this Section | ||||||
25 | to insure that
the application of its provisions
conform to the | ||||||
26 | requirements of such Federal Act as interpreted by the United
|
| |||||||
| |||||||
1 | States Secretary of Labor or other appropriate Federal agency.
| ||||||
2 | (Source: P.A. 86-3.)
| ||||||
3 | (820 ILCS 405/1505) (from Ch. 48, par. 575)
| ||||||
4 | Sec. 1505. Adjustment of state experience factor. The state | ||||||
5 | experience
factor shall be adjusted in accordance with the | ||||||
6 | following provisions:
| ||||||
7 | A. For calendar years prior to 1988, the state experience | ||||||
8 | factor shall be adjusted in accordance with the provisions of | ||||||
9 | this Act as amended and in effect on November 18, 2011.
| ||||||
10 | B. (Blank).
| ||||||
11 | C. For calendar year 1988
and each calendar year | ||||||
12 | thereafter, for which the state
experience factor is being | ||||||
13 | determined.
| ||||||
14 | 1. For every $50,000,000 (or fraction thereof) by which
| ||||||
15 | the adjusted trust fund balance falls below the target | ||||||
16 | balance set forth in
this subsection,
the state experience | ||||||
17 | factor for the succeeding year shall
be increased one | ||||||
18 | percent absolute.
| ||||||
19 | For every $50,000,000 (or fraction thereof) by which
| ||||||
20 | the adjusted trust fund balance exceeds the target balance | ||||||
21 | set forth in this
subsection, the
state experience factor | ||||||
22 | for the succeeding year shall be
decreased by one percent | ||||||
23 | absolute.
| ||||||
24 | The target balance in each calendar year prior to 2003 | ||||||
25 | is $750,000,000.
The
target balance in
calendar year 2003 |
| |||||||
| |||||||
1 | is $920,000,000. The target balance in calendar year 2004 | ||||||
2 | is
$960,000,000.
The target balance in calendar year 2005 | ||||||
3 | and each calendar year thereafter
is
$1,000,000,000.
| ||||||
4 | 2. For the purposes of this subsection:
| ||||||
5 | "Net trust fund balance" is the amount standing to the
| ||||||
6 | credit of this State's account in the unemployment trust
| ||||||
7 | fund as of June 30 of the calendar year immediately | ||||||
8 | preceding
the year for which a state experience factor is | ||||||
9 | being determined.
| ||||||
10 | "Adjusted trust fund balance" is the net trust fund | ||||||
11 | balance
minus the sum of the benefit reserves for fund | ||||||
12 | building
for July 1, 1987 through June 30 of the year prior | ||||||
13 | to the
year for which the state experience factor is being | ||||||
14 | determined.
The adjusted trust fund balance shall not be | ||||||
15 | less than
zero. If the preceding calculation results in a | ||||||
16 | number
which is less than zero, the amount by which it is | ||||||
17 | less
than zero shall reduce the sum of the benefit reserves
| ||||||
18 | for fund building for subsequent years.
| ||||||
19 | For the purpose of determining the state experience | ||||||
20 | factor
for 1989 and for each calendar year thereafter, the | ||||||
21 | following
"benefit reserves for fund building" shall apply | ||||||
22 | for each
state experience factor calculation in which that | ||||||
23 | 12 month
period is applicable:
| ||||||
24 | a. For the 12 month period ending on June 30, 1988, | ||||||
25 | the
"benefit reserve for fund building" shall be | ||||||
26 | 8/104th of
the total benefits paid from January 1, 1988 |
| |||||||
| |||||||
1 | through June 30, 1988.
| ||||||
2 | b. For the 12 month period ending on June 30, 1989, | ||||||
3 | the
"benefit reserve for fund building" shall be the | ||||||
4 | sum of:
| ||||||
5 | i. 8/104ths of the total benefits paid from | ||||||
6 | July 1,
1988 through December 31, 1988, plus
| ||||||
7 | ii. 4/108ths of the total benefits paid from | ||||||
8 | January
1, 1989 through June 30, 1989.
| ||||||
9 | c. For the 12 month period ending on June 30, 1990, | ||||||
10 | the
"benefit reserve for fund building" shall be | ||||||
11 | 4/108ths of
the total benefits paid from July 1, 1989 | ||||||
12 | through December 31, 1989.
| ||||||
13 | d. For 1992 and for each calendar year thereafter, | ||||||
14 | the
"benefit reserve for fund building" for the 12 | ||||||
15 | month period
ending on June 30, 1991 and for each | ||||||
16 | subsequent 12 month
period shall be zero.
| ||||||
17 | 3. Notwithstanding the preceding provisions of this | ||||||
18 | subsection,
for calendar years 1988 through 2003, the state | ||||||
19 | experience factor shall not
be increased or decreased
by | ||||||
20 | more than 15 percent absolute.
| ||||||
21 | D. Notwithstanding the provisions of subsection C, the
| ||||||
22 | adjusted state experience factor:
| ||||||
23 | 1. Shall be 111 percent for calendar year 1988;
| ||||||
24 | 2. Shall not be less than 75 percent nor greater than
| ||||||
25 | 135 percent for calendar years 1989 through 2003; and shall | ||||||
26 | not
be less than 75% nor greater than 150% for calendar |
| |||||||
| |||||||
1 | year 2004 and each
calendar year
thereafter, not counting | ||||||
2 | any increase pursuant to subsection D-1, D-2, or D-3;
| ||||||
3 | 3. Shall not be decreased by more than 5 percent | ||||||
4 | absolute for any
calendar year, beginning in calendar year | ||||||
5 | 1989 and through calendar year
1992, by more than 6% | ||||||
6 | absolute for calendar years 1993
through 1995, by more than | ||||||
7 | 10% absolute for calendar years
1999 through 2003 and by | ||||||
8 | more than 12% absolute for calendar year 2004 and
each | ||||||
9 | calendar year thereafter, from the adjusted state
| ||||||
10 | experience factor of the calendar year preceding the | ||||||
11 | calendar year for which
the adjusted state experience | ||||||
12 | factor is being determined;
| ||||||
13 | 4. Shall not be increased by more than 15% absolute for | ||||||
14 | calendar year
1993, by more than 14% absolute for calendar | ||||||
15 | years 1994 and
1995, by more than 10% absolute for calendar | ||||||
16 | years 1999
through 2003 and by more than 16% absolute for | ||||||
17 | calendar year 2004 and each
calendar
year
thereafter, from | ||||||
18 | the adjusted state experience factor for the calendar year
| ||||||
19 | preceding the calendar year for which the adjusted state | ||||||
20 | experience factor
is being determined;
| ||||||
21 | 5. Shall be 100% for calendar years 1996, 1997, and | ||||||
22 | 1998.
| ||||||
23 | D-1. The adjusted state experience factor for each of | ||||||
24 | calendar years 2013 through 2015 shall be increased by 5% | ||||||
25 | absolute above the adjusted state experience factor as | ||||||
26 | calculated without regard to this subsection. The adjusted |
| |||||||
| |||||||
1 | state experience factor for each of calendar years 2016 through | ||||||
2 | 2018 shall be increased by 6% absolute above the adjusted state | ||||||
3 | experience factor as calculated without regard to this | ||||||
4 | subsection. The increase in the adjusted state experience | ||||||
5 | factor for calendar year 2018 pursuant to this subsection shall | ||||||
6 | not be counted for purposes of applying paragraph 3 or 4 of | ||||||
7 | subsection D to the calculation of the adjusted state | ||||||
8 | experience factor for calendar year 2019. | ||||||
9 | D-2. (Blank). The adjusted state experience factor for | ||||||
10 | calendar year 2016 shall be increased by 19% absolute above the | ||||||
11 | adjusted state experience factor as calculated without regard | ||||||
12 | to this subsection. The increase in the adjusted state | ||||||
13 | experience factor for calendar year 2016 pursuant to this | ||||||
14 | subsection shall not be counted for purposes of applying | ||||||
15 | paragraph 3 or 4 of subsection D to the calculation of the | ||||||
16 | adjusted state experience factor for calendar year 2017. | ||||||
17 | D-3. The adjusted state experience factor for calendar year | ||||||
18 | 2018 shall be increased by 19% absolute above the adjusted | ||||||
19 | state experience factor as calculated without regard to this | ||||||
20 | subsection. The increase in the adjusted state experience | ||||||
21 | factor for calendar year 2018 pursuant to this subsection shall | ||||||
22 | not be counted for purposes of applying paragraph 3 or 4 of | ||||||
23 | subsection D to the calculation of the adjusted state | ||||||
24 | experience factor for calendar year 2019. | ||||||
25 | E. The amount standing to the credit of this State's | ||||||
26 | account in the
unemployment trust fund as of June 30 shall be |
| |||||||
| |||||||
1 | deemed to include as part
thereof (a) any amount receivable on | ||||||
2 | that date from any Federal
governmental agency, or as a payment | ||||||
3 | in lieu of contributions under the
provisions of Sections 1403 | ||||||
4 | and 1405 B and paragraph 2 of Section 302C,
in reimbursement of | ||||||
5 | benefits paid to individuals, and (b) amounts
credited by the | ||||||
6 | Secretary of the Treasury of the United States to this
State's | ||||||
7 | account in the unemployment trust fund pursuant to Section 903
| ||||||
8 | of the Federal Social Security Act, as amended, including any | ||||||
9 | such
amounts which have been appropriated by the General | ||||||
10 | Assembly in
accordance with the provisions of Section 2100 B | ||||||
11 | for expenses of
administration, except any amounts which have | ||||||
12 | been obligated on or
before that date pursuant to such | ||||||
13 | appropriation.
| ||||||
14 | (Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
| ||||||
15 | (820 ILCS 405/1506.6) | ||||||
16 | Sec. 1506.6. Surcharge; specified period. For each | ||||||
17 | employer whose contribution rate for calendar year 2016 or 2018 | ||||||
18 | is determined pursuant to Section 1500 or 1506.1, including but | ||||||
19 | not limited to an employer whose contribution rate pursuant to | ||||||
20 | Section 1506.1 is 0.0%, in addition to the contribution rate | ||||||
21 | established pursuant to Section 1506.3, an additional | ||||||
22 | surcharge of 0.3% shall be added to the contribution rate. The | ||||||
23 | surcharge established by this Section shall be due at the same | ||||||
24 | time as other contributions with respect to the quarter are | ||||||
25 | due, as provided in Section 1400. Payments attributable to the |
| |||||||
| |||||||
1 | surcharge established pursuant to this Section shall be | ||||||
2 | contributions and deposited into the clearing account.
| ||||||
3 | (Source: P.A. 97-621, eff. 11-18-11.)
| ||||||
4 | Section 99. Effective date. This Act takes effect upon | ||||||
5 | becoming law, except that the changes to Sections 602 and 611 | ||||||
6 | of the Unemployment Insurance Act take effect January 3, 2016.
|