HB1285 Enrolled LRB099 05155 JLS 25184 b
1		AN ACT concerning employment.
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.
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.
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.
17		2. For the purposes of this subsection:
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.
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.
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.
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.
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.
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.
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.
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
17		higher dollar.
18		Except as otherwise provided in this Section, with respect
19		to any benefit year beginning on or after January 6, 2008,
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.
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.
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.
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%.
9		For the purposes of this subsection:
10		"Dependent" means a child or a nonworking spouse.
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.)

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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

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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

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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

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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

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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

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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

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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,

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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

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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

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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

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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

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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

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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

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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

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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.