103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3231
 
Introduced , by Rep. Dave Vella
 
SYNOPSIS AS INTRODUCED:



  
820 ILCS 405/612 from Ch. 48, par. 442

 Amends the Unemployment Insurance Act. Provides that with respect to a week of unemployment beginning on or after March 15, 2020 (rather than beginning on or after March 15, 2020, and before September 4, 2021 (including any week of unemployment beginning on or after January 1, 2021 and on or before June 25, 2021)) benefits shall be payable to an individual on the basis of wages for employment in other than an instructional, research, or principal administrative capacity performed for an educational institution or an educational service agency under specified circumstances, as long as the individual is otherwise eligible for benefits.



LRB103 27520 SPS 53895 b


 
 
A BILL FOR
 


HB3231LRB103 27520 SPS 53895 b



1 AN ACT concerning employment.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Unemployment Insurance Act is amended by 
5changing Section 612 as follows:




6 (820 ILCS 405/612) (from Ch. 48, par. 442)



7 Sec. 612. Academic personnel; ineligibility between 
8academic years or
terms.
9 A. Benefits based on wages for services which are 
10employment under the
provisions
of Sections 211.1, 211.2, and 
11302C shall be payable in the same amount,
on the same terms, 
12and subject to the same conditions as benefits payable
on the 
13basis of wages for other services which are employment under 
14this
Act; except that:

15  1. An individual shall be ineligible for
benefits, on 
16 the basis of wages for employment in an instructional, 
17 research,
or principal administrative capacity performed 
18 for an institution of higher
education, for any week which 
19 begins during the period between two successive
academic 
20 years, or during a similar period between two regular 
21 terms, whether
or not successive, or during a period of 
22 paid sabbatical leave provided
for in the individual's 
23 contract, if the individual has a
contract or contracts to 
 
 
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1 perform services in any such capacity for any
institution

2 or institutions of higher education for both such academic 
3 years or both such
terms.

4  This paragraph 1 shall apply with respect to any week 
5 which begins prior
to January 1, 1978.

6  2. An individual shall be ineligible for benefits, on 
7 the basis of wages
for service in employment in any 
8 capacity other than those referred to in
paragraph 1, 
9 performed for an institution of higher learning, for
any 
10 week which begins after September 30, 1983, during a 
11 period between
two successive academic years or terms, if 
12 the individual performed such
service in the first of such 
13 academic years or terms and there is a reasonable

14 assurance
that the individual will perform such service in 
15 the second of such academic
years or terms.

16  3. An individual shall be ineligible for benefits, on 
17 the basis of
wages for service in employment in any 
18 capacity other than those referred
to in paragraph 1, 
19 performed for an institution of higher education, for
any 
20 week which begins after January 5, 1985, during an 
21 established and
customary vacation period or holiday 
22 recess, if the individual performed
such service in the 
23 period immediately before such vacation period or
holiday 
24 recess and there is a reasonable assurance that the 
25 individual will
perform such service in the period 
26 immediately following such vacation
period or holiday 
 
 
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1 recess.

2 B. Benefits based on wages for services which are 
3employment under the
provisions of Sections 211.1 and 211.2 
4shall be payable in the same amount,
on the same terms, and 
5subject to the same conditions, as benefits payable
on the 
6basis
of wages for other services which are employment under 
7this Act, except that:

8  1. An individual shall be ineligible for benefits, on 
9 the basis of wages
for service in employment
in an 
10 instructional, research, or principal administrative 
11 capacity performed
for an educational institution, for any 
12 week which begins after December
31, 1977, during a period 
13 between two successive academic years, or during
a similar 
14 period between two regular terms, whether or not 
15 successive, or
during a period of paid sabbatical leave 
16 provided for in the individual's
contract, if the 
17 individual performed such service in the first of such

18 academic years (or terms) and if there is a contract or a 
19 reasonable assurance
that the individual will perform 
20 service in any such capacity for any
educational

21 institution in the second of such academic years (or 
22 terms).

23  2. An individual shall be ineligible for benefits, on 
24 the basis of wages
for service in employment in any 
25 capacity other than those referred to in
paragraph 1, 
26 performed for an educational institution,
for any week 
 
 
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1 which
begins after December 31, 1977, during a period 
2 between two successive academic
years or terms, if the 
3 individual performed such service in the first of
such 
4 academic years or terms and there is a reasonable 
5 assurance that the
individual will perform such service in 
6 the second of such academic years or
terms.

7  3. An individual shall be ineligible for benefits, on 
8 the basis of
wages for service in employment in any 
9 capacity performed for an
educational institution, for any 
10 week which begins after January 5, 1985,
during an 
11 established and customary vacation period or holiday 
12 recess, if
the individual performed such service in the 
13 period immediately before such
vacation period or holiday 
14 recess and there is a reasonable assurance that
the 
15 individual will perform such service in the period 
16 immediately
following such vacation period or holiday 
17 recess.

18  4. An individual shall be ineligible for benefits on 
19 the basis of wages
for service in employment in any 
20 capacity performed in an educational
institution while in 
21 the employ of an educational service agency
for any week 
22 which begins after January 5, 1985, (a) during a period

23 between two successive academic years or terms, if the 
24 individual performed
such service in the first of such 
25 academic years or terms and there is
a reasonable 
26 assurance that the individual will perform such service in

 
 
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1 the second of such academic years or terms; and (b) during 
2 an established
and customary vacation period or holiday 
3 recess, if the individual performed
such service in the 
4 period immediately before such vacation period or holiday

5 recess and there is a reasonable assurance that the 
6 individual will perform
such service in the period 
7 immediately following such vacation period or
holiday 
8 recess.
The term "educational service agency" means a 
9 governmental agency or
governmental
entity which is 
10 established and operated exclusively for the purpose of

11 providing such services to one or more educational 
12 institutions.

13 C. 1. If benefits are denied to any individual under the 
14provisions of
paragraph
2 of either subsection A or B of this 
15Section for any week which begins
on or after September 3, 1982 
16and such individual is not offered a bona
fide opportunity to 
17perform such services for the educational institution
for the 
18second of such academic years or terms, such individual shall 
19be
entitled to a retroactive payment of benefits for each week 
20for which the
individual filed a timely claim for benefits as 
21determined by the rules
and regulations issued by the Director 
22for the filing of claims for benefits,
provided that such 
23benefits were denied solely because of the provisions
of 
24paragraph 2 of either subsection A or B of this Section.

25 2. If benefits on the basis of wages for service in 
26employment in
other than an instructional, research, or 
 
 
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1principal administrative capacity
performed in an educational 
2institution while in the employ of an
educational service 
3agency are denied to any individual under the
provisions of 
4subparagraph (a) of paragraph 4 of subsection B and such

5individual is not offered a bona fide opportunity to perform 
6such services
in an educational institution while in the 
7employ of an educational service
agency for the second of such 
8academic years or terms, such individual
shall be entitled to 
9a retroactive payment of benefits for each week for
which the 
10individual filed a timely claim for benefits as determined by 
11the
rules and regulations issued by the Director for the 
12filing of claims for
benefits, provided that such benefits 
13were denied solely because
of subparagraph (a) of paragraph 4 
14of subsection B of this Section.

15 D. Notwithstanding any other provision in this Section or 
16paragraph 2 of subsection C of Section 500 to the contrary, 
17with respect to a week of unemployment beginning on or after 
18March 15, 2020, and before September 4, 2021 (including any 
19week of unemployment beginning on or after January 1, 2021 and 
20on or before June 25, 2021 (the effective date of Public Act 
21102-26)), benefits shall be payable to an individual on the 
22basis of wages for employment in other than an instructional, 
23research, or principal administrative capacity performed for 
24an educational institution or an educational service agency 
25under any of the circumstances described in this Section, to 
26the extent permitted under Section 3304(a)(6) of the Federal 
 
 
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1Unemployment Tax Act, as long as the individual is otherwise 
2eligible for benefits. 
3(Source: P.A. 101-633, eff. 6-5-20; 102-26, eff. 6-25-21; 
4102-687, eff. 12-17-21.)