Bill Text: IL HB3897 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act. Provides that an employer's liability to pay benefit charges shall be limited to 50% of the benefit charges resulting from payments to a claimant.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3897 Detail]

Download: Illinois-2021-HB3897-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3897 Introduced , by Rep. Janet Yang Rohr SYNOPSIS AS INTRODUCED:
820 ILCS 405/1502.1 from Ch. 48, par. 572.1
Amends the Unemployment Insurance Act. Provides that an employer's liability to pay benefit charges shall be limited to 50% of the benefit charges resulting from payments to a claimant.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unemployment Insurance Act is amended by
changing Section 1502.1 as follows:
(820 ILCS 405/1502.1) (from Ch. 48, par. 572.1)
Sec. 1502.1. Employer's benefit charges.
A. Benefit charges which result from payments to any
claimant made on or after July 1, 1989 shall be charged:
1. For benefit years beginning prior to July 1, 1989,
to each employer who paid wages to the claimant during his
base period;
2. For benefit years beginning on or after July 1,
1989 but before January 1, 1993, to the later of:
a. the last employer prior to the beginning of the
claimant's benefit year:
i. from whom the claimant was separated or
who, by reduction of work offered, caused the
claimant to become unemployed as defined in
Section 239, and,
ii. for whom the claimant performed services
in employment, on each of 30 days whether or not
such days are consecutive, provided that the wages

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

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

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Section 239, and
ii. for whom the claimant performed services
in employment, on each of 30 days whether or not
such days are consecutive, provided that the wages
for such services were earned since the beginning
of the claimant's base period; but that employer
shall not be charged if:
(1) the claimant's separation from that
employer was a voluntary leaving without good
cause, as the term is used in Section 601A or
under the circumstances described in
paragraphs 1, 2, and 6 of Section 601B; or
(2) the claimant's separation from that
employer was a discharge for misconduct or a
felony or theft connected with his work from
that employer, as these terms are used in
Section 602; or
(3) the claimant refused to accept an
offer of or to apply for suitable work from
that employer without good cause, as these
terms are used in Section 603 (but only for
weeks following the refusal of work); or
(4) the claimant subsequently performed
services for at least 30 days for an
individual or organization which is not an
employer subject to this Act; or

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(5) the claimant, following his separation
from that employer, is ineligible or would
have been ineligible under Section 612 if he
has or had had base period wages from the
employers to which that Section applies (but
only for the period of ineligibility or
potential ineligibility); or
b. the single employer who pays wages to the
claimant that allow him to requalify for benefits
after disqualification under Section 601, 602, or 603,
even if the 30 day requirement given in this paragraph
is not satisfied; but the requalifying employer shall
not be charged if the claimant is held ineligible with
respect to that requalifying employer under Section
601, 602, or 603.
A-5. On and after the effective date of this amendatory
Act of the 102nd General Assembly, an employer shall be
charged for only 50% of the benefit charges that result from
the payment of benefits to the claimant.
B. Whenever a claimant is ineligible pursuant to Section
614 on the basis of wages paid during his base period, any days
on which such wages were earned shall not be counted in
determining whether that claimant performed services during at
least 30 days for the employer that paid such wages as required
by paragraphs 2 and 3 of subsection A.
C. If no employer meets the requirements of paragraph 2 or

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3 of subsection A, then no employer will be chargeable for any
benefit charges which result from the payment of benefits to
the claimant for that benefit year.
D. Notwithstanding the preceding provisions of this
Section, no employer shall be chargeable for any benefit
charges which result from the payment of benefits to any
claimant after the effective date of this amendatory Act of
1992 where the claimant's separation from that employer
occurred as a result of his detention, incarceration, or
imprisonment under State, local, or federal law.
D-1. Notwithstanding any other provision of this Act,
including those affecting finality of benefit charges or
rates, an employer shall not be chargeable for any benefit
charges which result from the payment of benefits to an
individual for any week of unemployment after January 1, 2003,
during the period that the employer's business is closed
solely because of the entrance of the employer, one or more of
the partners or officers of the employer, or the majority
stockholder of the employer into active duty in the Illinois
National Guard or the Armed Forces of the United States.
D-2. Notwithstanding any other provision of this Act, an
employer shall not be chargeable for any benefit charges that
result from the payment of benefits to an individual for any
week of unemployment after the effective date of this
amendatory Act of the 100th General Assembly if the payment
was the result of the individual voluntarily leaving work

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under the conditions described in item 6 of subsection C of
Section 500.
E. For the purposes of Sections 302, 409, 701, 1403, 1404,
1405 and 1508.1, last employer means the employer that:
1. is charged for benefit payments which become
benefit charges under this Section, or
2. would have been liable for such benefit charges if
it had not elected to make payments in lieu of
contributions.
(Source: P.A. 100-484, eff. 9-8-17.)