Bill Text: IL HB2772 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Unemployment Insurance Act. Provides that none of the amount received by an individual as primary social security old age and disability retirement benefits shall constitute disqualifying income.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2772 Detail]

Download: Illinois-2013-HB2772-Amended.html

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Rep. Donald L. Moffitt

Filed: 3/19/2013

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AMENDMENT TO HOUSE BILL 2772
AMENDMENT NO. ______. Amend House Bill 2772 by replacing
everything after the enacting clause with the following:
"Section 5. The Unemployment Insurance Act is amended by
changing Section 611 as follows:
(820 ILCS 405/611) (from Ch. 48, par. 441)
Sec. 611. Retirement pay.
A. For the purposes of this Section "disqualifying income"
means:
1. The entire amount which an individual has received
or will receive with respect to a week in the form of a
retirement payment (a) from an individual or organization
(i) for which he performed services during his base period
or which is liable for benefit charges or payments in lieu
of contributions as a result of the payment of benefits to
such individual and (ii) which pays all of the cost of such

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retirement payment, or (b) from a trust, annuity or
insurance fund or under an annuity or insurance contract,
to or under which an individual or organization for which
he performed services during his base period or which is
liable for benefit charges or payments in lieu of
contributions as a result of the payment of benefits to
such individual pays or has paid all of the premiums or
contributions; and
2. One-half the amount which an individual has received
or will receive with respect to a week in the form of a
retirement payment (a) from an individual or organization
(i) for which he performed services during his base period
or which is liable for benefit charges or payments in lieu
of contributions as a result of the payment of benefits to
such individual and (ii) which pays some, but not all, of
the cost of such retirement payment, or (b) from a trust,
annuity or insurance fund (including, except as provided in
paragraph 2.1, primary social security old age and
disability retirement benefits, including those based on
self-employment) or under an annuity or insurance
contract, to or under which an individual or organization
for which he performed services during his base period or
which is liable for benefit charges or payments in lieu of
contributions as a result of the payment of benefits to
such individual pays or has paid some, but not all, of the
premiums or contributions.

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2.1. Notwithstanding paragraphs 1 and 2 above, none of
the amount that a volunteer firefighter or volunteer
ambulance worker has received or will receive with respect
to a week in the form of primary social security old age
and disability retirement benefits, including those based
on self-employment, shall constitute disqualifying income.
3. Notwithstanding paragraphs paragraph 1, 2 and 2.1 2
above, the entire amount which an individual has received
or will receive, with respect to any week which begins
after March 31, 1980, of any governmental or other pension,
retirement, or retired pay, annuity or any other similar
periodic payment which is based on any previous work of
such individual during his base period or which is liable
for benefit charges or payments in lieu of contributions as
a result of the payment of benefits to such individual.
This paragraph shall be in effect only if it is required as
a condition for full tax credit against the tax imposed by
the Federal Unemployment Tax Act.
B. Whenever an individual has received or will receive a
retirement payment for a month, an amount shall be deemed to
have been paid him for each day equal to one-thirtieth of such
retirement payment. If the retirement payment is for a
half-month, an amount shall be deemed to have been paid the
individual for each day equal to one-fifteenth of such
retirement payment. If the retirement payment is for any other
period, an amount shall be deemed to have been paid the

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individual for each day in such period equal to the retirement
payment divided by the number of days in the period.
C. An individual shall be ineligible for benefits for any
week with respect to which his disqualifying income equals or
exceeds his weekly benefit amount. If such disqualifying income
with respect to a week totals less than the benefits for which
he would otherwise be eligible under this Act, he shall be
paid, with respect to such week, benefits reduced by the amount
of such disqualifying income.
D. To assure full tax credit to the employers of this State
against the tax imposed by the Federal Unemployment Tax Act,
the Director shall take any action as may be necessary in the
administration of paragraph 3 of subsection A of this Section
to insure that the application of its provisions conform to the
requirements of such Federal Act as interpreted by the United
States Secretary of Labor or other appropriate Federal agency.
(Source: P.A. 86-3.)".