Bill Text: IL SB1350 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Unemployment Insurance Act. Provides that with respect to any benefit year that has not terminated as of the effective date of the amendatory Act, including but not limited to a benefit year that began prior to the effective date of the amendatory Act, any otherwise eligible individual whose total or partial unemployment is attributable to a lockout of the members of his or her collective bargaining unit shall be entitled, during such benefit year, to a maximum total amount of benefits equal to 52 times his or her weekly benefit amount plus dependents allowances, or to the total wages for insured work paid to such individual during the individual's base period, whichever amount is smaller. Effective January 1, 2010.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2009-06-30 - Public Act . . . . . . . . . 96-0030 [SB1350 Detail]

Download: Illinois-2009-SB1350-Enrolled.html

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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 Illinois Unemployment Insurance Trust Fund
Financing Act is amended by changing Section 4 as follows:
(30 ILCS 440/4)
Sec. 4. Authority to Issue Revenue Bonds.
A. The Department shall have the continuing power to borrow
money for the purpose of carrying out the following:
1. To reduce or avoid the need to borrow or obtain a
federal advance under Section 1201, et seq., of the Social
Security Act (42 U.S.C. Section 1321), as amended, or any
similar federal law; or
2. To refinance a previous advance received by the
Department with respect to the payment of Benefits; or
3. To refinance, purchase, redeem, refund, advance
refund or defease (including, any combination of the
foregoing) any outstanding Bonds issued pursuant to this
Act; or
4. To fund a surplus in Illinois' account in the
Unemployment Trust Fund of the United States Treasury.
Paragraphs 1, 2 and 4 are inoperative on and after January
1, 2013 2010.

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B. As evidence of the obligation of the Department to repay
money borrowed for the purposes set forth in Section 4A above,
the Department may issue and dispose of its interest bearing
revenue Bonds and may also, from time-to-time, issue and
dispose of its interest bearing revenue Bonds to purchase,
redeem, refund, advance refund or defease (including, any
combination of the foregoing) any Bonds at maturity or pursuant
to redemption provisions or at any time before maturity. The
Director, in consultation with the Department's Employment
Security Advisory Board, shall have the power to direct that
the Bonds be issued. Bonds may be issued in one or more series
and under terms and conditions as needed in furtherance of the
purposes of this Act. The Illinois Finance Authority shall
provide any technical, legal, or administrative services if and
when requested by the Director and the Employment Security
Advisory Board with regard to the issuance of Bonds. Such Bonds
shall be issued in the name of the State of Illinois for the
benefit of the Department and shall be executed by the
Director. In case any Director whose signature appears on any
Bond ceases (after attaching his or her signature) to hold that
office, her or his signature shall nevertheless be valid and
effective for all purposes.
C. No Bonds shall be issued without the Director's written
certification that, based upon a reasonable financial
analysis, the issuance of Bonds is reasonably expected to:
(i) Result in a savings to the State as compared to

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the cost of borrowing or obtaining an advance under
Section 1201, et seq., Social Security Act (42 U.S.C.
Section 1321), as amended, or any similar federal law;
(ii) Result in terms which are advantageous to the
State through refunding, advance refunding or other
similar restructuring of outstanding Bonds; or
(iii) Allow the State to avoid an anticipated
deficiency in the State's account in the Unemployment
Trust Fund of the United States Treasury by funding a
surplus in the State's account in the Unemployment
Trust Fund of the United States Treasury.
D. All such Bonds shall be payable from Fund Building
Receipts. Bonds may also be paid from (i) to the extent
allowable by law, from monies in the State's account in the
Unemployment Trust Fund of the United States Treasury; and (ii)
to the extent allowable by law, a federal advance under Section
1201, et seq., of the Social Security Act (42 U.S.C. Section
1321); and (iii) proceeds of Bonds and receipts from related
credit and exchange agreements to the extent allowed by this
Act and applicable legal requirements.
E. The maximum principal amount of the Bonds, when combined
with the outstanding principal of all other Bonds issued
pursuant to this Act, shall not at any time exceed
$1,400,000,000, excluding all of the outstanding principal of
any other Bonds issued pursuant to this Act for which payment
has been irrevocably provided by refunding or other manner of

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defeasance. It is the intent of this Act that the outstanding
Bond authorization limits provided for in this Section 4E shall
be revolving in nature, such that the amount of Bonds
outstanding that are not refunded or otherwise defeased shall
be included in determining the maximum amount of Bonds
authorized to be issued pursuant to the Act.
F. Such Bonds and refunding Bonds issued pursuant to this
Act may bear such date or dates, may mature at such time or
times not exceeding 10 years from their respective dates of
issuance, and may bear interest at such rate or rates not
exceeding the maximum rate authorized by the Bond Authorization
Act, as amended and in effect at the time of the issuance of
the Bonds.
G. The Department may enter into a Credit Agreement
pertaining to the issuance of the Bonds, upon terms which are
not inconsistent with this Act and any other laws, provided
that the term of such Credit Agreement shall not exceed the
term of the Bonds, plus any time period necessary to cure any
defaults under such Credit Agreement.
H. Interest earnings paid to holders of the Bonds shall not
be exempt from income taxes imposed by the State.
I. While any Bond Obligations are outstanding or
anticipated to come due as a result of Bonds expected to be
issued in either or both of the 2 immediately succeeding
calendar quarters, the Department shall collect and deposit
Fund Building Receipts into the Master Bond Fund in an amount

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necessary to satisfy the Required Fund Building Receipts Amount
prior to expending Fund Building Receipts for any other
purpose. The Required Fund Building Receipts Amount shall be
that amount necessary to ensure the marketability of the Bonds,
which shall be specified in the Bond Sale Order executed by the
Director in connection with the issuance of the Bonds.
J. Holders of the Bonds shall have a first and priority
claim on all Fund Building Receipts in the Master Bond Fund in
parity with all other holders of the Bonds, provided that such
claim may be subordinated to the provider of any Credit
Agreement for any of the Bonds.
K. To the extent that Fund Building Receipts in the Master
Bond Fund are not otherwise needed to satisfy the requirements
of this Act and the instruments authorizing the issuance of the
Bonds, such monies shall be used by the Department, in such
amounts as determined by the Director to do any one or a
combination of the following:
1. To purchase, refinance, redeem, refund, advance
refund or defease (or any combination of the foregoing)
outstanding Bonds, to the extent such action is legally
available and does not impair the tax exempt status of any
of the Bonds which are, in fact, exempt from Federal income
taxation; or
2. As a deposit in the State's account in the
Unemployment Trust Fund of the United States Treasury; or
3. As a deposit into the Special Programs Fund provided

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for under Section 2107 of the Unemployment Insurance Act.
L. The Director shall determine the method of sale, type of
bond, bond form, redemption provisions and other terms of the
Bonds that, in the Director's judgment, best achieve the
purposes of this Act and effect the borrowing at the lowest
practicable cost, provided that those determinations are not
inconsistent with this Act or other applicable legal
requirements. Those determinations shall be set forth in a
document entitled "Bond Sale Order" acceptable, in form and
substance, to the attorney or attorneys acting as bond counsel
for the Bonds in connection with the rendering of opinions
necessary for the issuance of the Bonds and executed by the
Director.
(Source: P.A. 93-634, eff. 1-1-04; 94-1083, eff. 1-19-07.)
Section 10. The Unemployment Insurance Act is amended by
changing Sections 401, 409, and 601 as follows:
(820 ILCS 405/401) (from Ch. 48, par. 401)
Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
A. With respect to any week beginning prior to April 24,
1983, an individual's weekly benefit amount shall be an amount
equal to the weekly benefit amount as defined in this Act as in
effect on November 30, 1982.
B. 1. With respect to any week beginning on or after April
24, 1983 and before January 3, 1988, an individual's weekly

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benefit amount shall be 48% of his prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar; provided, however, that the weekly benefit
amount cannot exceed the maximum weekly benefit amount, and
cannot be less than 15% of the statewide average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar. However, the weekly benefit amount for an
individual who has established a benefit year beginning before
April 24, 1983, shall be determined, for weeks beginning on or
after April 24, 1983 claimed with respect to that benefit year,
as provided under this Act as in effect on November 30, 1982.
With respect to any week beginning on or after January 3, 1988
and before January 1, 1993, an individual's weekly benefit
amount shall be 49% of his prior average weekly wage, rounded
(if not already a multiple of one dollar) to the next higher
dollar; provided, however, that the weekly benefit amount
cannot exceed the maximum weekly benefit amount, and cannot be
less than $51. With respect to any week beginning on or after
January 3, 1993 and during a benefit year beginning before
January 4, 2004, an individual's weekly benefit amount shall be
49.5% of his prior average weekly wage, rounded (if not already
a multiple of one dollar) to the next higher dollar; provided,
however, that the weekly benefit amount cannot exceed the
maximum weekly benefit amount and cannot be less than $51. With
respect to any benefit year beginning on or after January 4,
2004 and before January 6, 2008, an individual's weekly benefit

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amount shall be 48% of his or her prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar; provided, however, that the weekly benefit
amount cannot exceed the maximum weekly benefit amount and
cannot be less than $51. With respect to any benefit year
beginning on or after January 6, 2008, an individual's weekly
benefit amount shall be 47% of his or her prior average weekly
wage, rounded (if not already a multiple of one dollar) to the
next higher dollar; provided, however, that the weekly benefit
amount cannot exceed the maximum weekly benefit amount and
cannot be less than $51.
2. For the purposes of this subsection:
With respect to any week beginning on or after April 24,
1983, an individual's "prior average weekly wage" means the
total wages for insured work paid to that individual during the
2 calendar quarters of his base period in which such total
wages were highest, divided by 26. If the quotient is not
already a multiple of one dollar, it shall be rounded to the
nearest dollar; however if the quotient is equally near 2
multiples of one dollar, it shall be rounded to the higher
multiple of one dollar.
"Determination date" means June 1, 1982, December 1, 1982
and December 1 of each succeeding calendar year thereafter.
However, if as of June 30, 1982, or any June 30 thereafter, the
net amount standing to the credit of this State's account in
the unemployment trust fund (less all outstanding advances to

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that account, including advances pursuant to Title XII of the
federal Social Security Act) is greater than $100,000,000,
"determination date" shall mean December 1 of that year and
June 1 of the succeeding year. Notwithstanding the preceding
sentence, for the purposes of this Act only, there shall be no
June 1 determination date in any year after 1986.
"Determination period" means, with respect to each June 1
determination date, the 12 consecutive calendar months ending
on the immediately preceding December 31 and, with respect to
each December 1 determination date, the 12 consecutive calendar
months ending on the immediately preceding June 30.
"Benefit period" means the 12 consecutive calendar month
period beginning on the first day of the first calendar month
immediately following a determination date, except that, with
respect to any calendar year in which there is a June 1
determination date, "benefit period" shall mean the 6
consecutive calendar month period beginning on the first day of
the first calendar month immediately following the preceding
December 1 determination date and the 6 consecutive calendar
month period beginning on the first day of the first calendar
month immediately following the June 1 determination date.
Notwithstanding the foregoing sentence, the 6 calendar months
beginning January 1, 1982 and ending June 30, 1982 shall be
deemed a benefit period with respect to which the determination
date shall be June 1, 1981.
"Gross wages" means all the wages paid to individuals

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during the determination period immediately preceding a
determination date for insured work, and reported to the
Director by employers prior to the first day of the third
calendar month preceding that date.
"Covered employment" for any calendar month means the total
number of individuals, as determined by the Director, engaged
in insured work at mid-month.
"Average monthly covered employment" means one-twelfth of
the sum of the covered employment for the 12 months of a
determination period.
"Statewide average annual wage" means the quotient,
obtained by dividing gross wages by average monthly covered
employment for the same determination period, rounded (if not
already a multiple of one cent) to the nearest cent.
"Statewide average weekly wage" means the quotient,
obtained by dividing the statewide average annual wage by 52,
rounded (if not already a multiple of one cent) to the nearest
cent. Notwithstanding any provisions of this Section to the
contrary, the statewide average weekly wage for the benefit
period beginning July 1, 1982 and ending December 31, 1982
shall be the statewide average weekly wage in effect for the
immediately preceding benefit period plus one-half of the
result obtained by subtracting the statewide average weekly
wage for the immediately preceding benefit period from the
statewide average weekly wage for the benefit period beginning
July 1, 1982 and ending December 31, 1982 as such statewide

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average weekly wage would have been determined but for the
provisions of this paragraph. Notwithstanding any provisions
of this Section to the contrary, the statewide average weekly
wage for the benefit period beginning April 24, 1983 and ending
January 31, 1984 shall be $321 and for the benefit period
beginning February 1, 1984 and ending December 31, 1986 shall
be $335, and for the benefit period beginning January 1, 1987,
and ending December 31, 1987, shall be $350, except that for an
individual who has established a benefit year beginning before
April 24, 1983, the statewide average weekly wage used in
determining benefits, for any week beginning on or after April
24, 1983, claimed with respect to that benefit year, shall be
$334.80, except that, for the purpose of determining the
minimum weekly benefit amount under subsection B(1) for the
benefit period beginning January 1, 1987, and ending December
31, 1987, the statewide average weekly wage shall be $335; for
the benefit periods January 1, 1988 through December 31, 1988,
January 1, 1989 through December 31, 1989, and January 1, 1990
through December 31, 1990, the statewide average weekly wage
shall be $359, $381, and $406, respectively. Notwithstanding
the preceding sentences of this paragraph, for the benefit
period of calendar year 1991, the statewide average weekly wage
shall be $406 plus (or minus) an amount equal to the percentage
change in the statewide average weekly wage, as computed in
accordance with the preceding sentences of this paragraph,
between the benefit periods of calendar years 1989 and 1990,

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multiplied by $406; and, for the benefit periods of calendar
years 1992 through 2003 and calendar year 2005 and each
calendar year thereafter, the statewide average weekly wage,
shall be the statewide average weekly wage, as determined in
accordance with this sentence, for the immediately preceding
benefit period plus (or minus) an amount equal to the
percentage change in the statewide average weekly wage, as
computed in accordance with the preceding sentences of this
paragraph, between the 2 immediately preceding benefit
periods, multiplied by the statewide average weekly wage, as
determined in accordance with this sentence, for the
immediately preceding benefit period. However, for purposes of
the Workers' Compensation Act, the statewide average weekly
wage will be computed using June 1 and December 1 determination
dates of each calendar year and such determination shall not be
subject to the limitation of $321, $335, $350, $359, $381, $406
or the statewide average weekly wage as computed in accordance
with the preceding sentence of this paragraph.
With respect to any week beginning on or after April 24,
1983 and before January 3, 1988, "maximum weekly benefit
amount" means 48% of the statewide average weekly wage, rounded
(if not already a multiple of one dollar) to the nearest
dollar, provided however, that the maximum weekly benefit
amount for an individual who has established a benefit year
beginning before April 24, 1983, shall be determined, for weeks
beginning on or after April 24, 1983 claimed with respect to

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that benefit year, as provided under this Act as amended and in
effect on November 30, 1982, except that the statewide average
weekly wage used in such determination shall be $334.80.
With respect to any week beginning after January 2, 1988
and before January 1, 1993, "maximum weekly benefit amount"
with respect to each week beginning within a benefit period
means 49% of the statewide average weekly wage, rounded (if not
already a multiple of one dollar) to the next higher dollar.
With respect to any week beginning on or after January 3,
1993 and during a benefit year beginning before January 4,
2004, "maximum weekly benefit amount" with respect to each week
beginning within a benefit period means 49.5% of the statewide
average weekly wage, rounded (if not already a multiple of one
dollar) to the next higher dollar.
With respect to any benefit year beginning on or after
January 4, 2004 and before January 6, 2008, "maximum weekly
benefit amount" with respect to each week beginning within a
benefit period means 48% of the statewide average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar.
With respect to any benefit year beginning on or after
January 6, 2008, "maximum weekly benefit amount" with respect
to each week beginning within a benefit period means 47% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar.
C. With respect to any week beginning on or after April 24,

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1983 and before January 3, 1988, an individual to whom benefits
are payable with respect to any week shall, in addition to such
benefits, be paid, with respect to such week, as follows: in
the case of an individual with a nonworking spouse, 7% of his
prior average weekly wage, rounded (if not already a multiple
of one dollar) to the higher dollar; provided, that the total
amount payable to the individual with respect to a week shall
not exceed 55% of the statewide average weekly wage, rounded
(if not already a multiple of one dollar) to the nearest
dollar; and in the case of an individual with a dependent child
or dependent children, 14.4% of his prior average weekly wage,
rounded (if not already a multiple of one dollar) to the higher
dollar; provided, that the total amount payable to the
individual with respect to a week shall not exceed 62.4% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar with respect
to the benefit period beginning January 1, 1987 and ending
December 31, 1987, and otherwise to the nearest dollar.
However, for an individual with a nonworking spouse or with a
dependent child or children who has established a benefit year
beginning before April 24, 1983, the amount of additional
benefits payable on account of the nonworking spouse or
dependent child or children shall be determined, for weeks
beginning on or after April 24, 1983 claimed with respect to
that benefit year, as provided under this Act as in effect on
November 30, 1982, except that the statewide average weekly

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wage used in such determination shall be $334.80.
With respect to any week beginning on or after January 2,
1988 and before January 1, 1991 and any week beginning on or
after January 1, 1992, and before January 1, 1993, an
individual to whom benefits are payable with respect to any
week shall, in addition to those benefits, be paid, with
respect to such week, as follows: in the case of an individual
with a nonworking spouse, 8% of his prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided, that the total amount payable to the
individual with respect to a week shall not exceed 57% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar; and in the
case of an individual with a dependent child or dependent
children, 15% of his prior average weekly wage, rounded (if not
already a multiple of one dollar) to the next higher dollar,
provided that the total amount payable to the individual with
respect to a week shall not exceed 64% of the statewide average
weekly wage, rounded (if not already a multiple of one dollar)
to the next higher dollar.
With respect to any week beginning on or after January 1,
1991 and before January 1, 1992, an individual to whom benefits
are payable with respect to any week shall, in addition to the
benefits, be paid, with respect to such week, as follows: in
the case of an individual with a nonworking spouse, 8.3% of his
prior average weekly wage, rounded (if not already a multiple

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of one dollar) to the next higher dollar, provided, that the
total amount payable to the individual with respect to a week
shall not exceed 57.3% of the statewide average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar; and in the case of an individual with a
dependent child or dependent children, 15.3% of his prior
average weekly wage, rounded (if not already a multiple of one
dollar) to the next higher dollar, provided that the total
amount payable to the individual with respect to a week shall
not exceed 64.3% of the statewide average weekly wage, rounded
(if not already a multiple of one dollar) to the next higher
dollar.
With respect to any week beginning on or after January 3,
1993, during a benefit year beginning before January 4, 2004,
an individual to whom benefits are payable with respect to any
week shall, in addition to those benefits, be paid, with
respect to such week, as follows: in the case of an individual
with a nonworking spouse, 9% of his prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided, that the total amount payable to the
individual with respect to a week shall not exceed 58.5% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar; and in the
case of an individual with a dependent child or dependent
children, 16% of his prior average weekly wage, rounded (if not
already a multiple of one dollar) to the next higher dollar,

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provided that the total amount payable to the individual with
respect to a week shall not exceed 65.5% of the statewide
average weekly wage, rounded (if not already a multiple of one
dollar) to the next higher dollar.
With respect to any benefit year beginning on or after
January 4, 2004 and before January 6, 2008, an individual to
whom benefits are payable with respect to any week shall, in
addition to those benefits, be paid, with respect to such week,
as follows: in the case of an individual with a nonworking
spouse, 9% of his or her prior average weekly wage, rounded (if
not already a multiple of one dollar) to the next higher
dollar, provided, that the total amount payable to the
individual with respect to a week shall not exceed 57% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar; and in the
case of an individual with a dependent child or dependent
children, 17.2% of his or her prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided that the total amount payable to the
individual with respect to a week shall not exceed 65.2% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar.
With respect to any benefit year beginning on or after
January 6, 2008 and before January 1, 2010, an individual to
whom benefits are payable with respect to any week shall, in
addition to those benefits, be paid, with respect to such week,

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as follows: in the case of an individual with a nonworking
spouse, 9% of his or her prior average weekly wage, rounded (if
not already a multiple of one dollar) to the next higher
dollar, provided, that the total amount payable to the
individual with respect to a week shall not exceed 56% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar; and with
respect to any benefit year beginning before January 1, 2010,
in the case of an individual with a dependent child or
dependent children, 18.2% of his or her prior average weekly
wage, rounded (if not already a multiple of one dollar) to the
next higher dollar, provided that the total amount payable to
the individual with respect to a week shall not exceed 65.2% of
the statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar.
The additional amount paid pursuant to this subsection in
the case of an individual with a dependent child or dependent
children shall be referred to as the "dependent child
allowance", and the percentage rate by which an individual's
prior average weekly wage is multiplied pursuant to this
subsection to calculate the dependent child allowance shall be
referred to as the "dependent child allowance rate".
With respect to any benefit year beginning on or after
January 1, 2010, an individual to whom benefits are payable
with respect to any week shall, in addition to those benefits,
be paid, with respect to such week, as follows: in the case of

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an individual with a nonworking spouse, the greater of (i) 9%
of his or her prior average weekly wage, rounded (if not
already a multiple of one dollar) to the next higher dollar, or
(ii) $15, provided that the total amount payable to the
individual with respect to a week shall not exceed 56% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar; and in the
case of an individual with a dependent child or dependent
children, the greater of (i) the product of the dependent child
allowance rate multiplied by his or her prior average weekly
wage, rounded (if not already a multiple of one dollar) to the
next higher dollar, or (ii) the lesser of $50 or 50% of his or
her weekly benefit amount, rounded (if not already a multiple
of one dollar) to the next higher dollar, provided that the
total amount payable to the individual with respect to a week
shall not exceed the product of the statewide average weekly
wage multiplied by the sum of 47% plus the dependent child
allowance rate, rounded (if not already a multiple of one
dollar) to the next higher dollar.
With respect to each benefit year beginning in a calendar
year after calendar year 2009, the percentage rate used to
calculate the dependent child allowance rate shall be the sum
of the allowance adjustment applicable pursuant to Section
1400.1 to the calendar year in which the benefit year begins,
plus the percentage rate used to calculate the dependent child
allowance rate with respect to each benefit year beginning in

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the immediately preceding calendar year, except as otherwise
provided in this subsection , provided that the total amount
payable to the individual with respect to a week beginning in
such benefit year shall not exceed the product of the statewide
average weekly wage, rounded (if not already a multiple of one
dollar) to the next higher dollar and the sum of 47% plus the
percentage rate used to calculate the individual's dependent
child allowance. The Notwithstanding any provision to the
contrary, the percentage rate used to calculate the dependent
child allowance rate with respect to each any benefit year
beginning in calendar year on or after January 1, 2010, shall
not be less than 17.3% or greater than 18.2%. The dependent
child allowance rate with respect to each benefit year
beginning in calendar year 2011 shall be reduced by 0.2%
absolute below the rate it would otherwise have been pursuant
to this subsection and, with respect to each benefit year
beginning after calendar year 2010, except as otherwise
provided, shall not be less than 17.1% or greater than 18.0%.
Unless, as a result of this sentence, the agreement between the
Federal Government and State regarding the Federal Additional
Compensation program established under Section 2002 of the
American Recovery and Reinvestment Act, or a successor program,
would not apply or would cease to apply, the dependent child
allowance rate with respect to each benefit year beginning in
calendar year 2012 shall be reduced by 0.1% absolute below the
rate it would otherwise have been pursuant to this subsection

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and, with respect to each benefit year beginning after calendar
year 2011, shall not be less than 17.0% or greater than 17.9%.
For the purposes of this subsection:
"Dependent" means a child or a nonworking spouse.
"Child" means a natural child, stepchild, or adopted child
of an individual claiming benefits under this Act or a child
who is in the custody of any such individual by court order,
for whom the individual is supplying and, for at least 90
consecutive days (or for the duration of the parental
relationship if it has existed for less than 90 days)
immediately preceding any week with respect to which the
individual has filed a claim, has supplied more than one-half
the cost of support, or has supplied at least 1/4 of the cost
of support if the individual and the other parent, together,
are supplying and, during the aforesaid period, have supplied
more than one-half the cost of support, and are, and were
during the aforesaid period, members of the same household; and
who, on the first day of such week (a) is under 18 years of age,
or (b) is, and has been during the immediately preceding 90
days, unable to work because of illness or other disability:
provided, that no person who has been determined to be a child
of an individual who has been allowed benefits with respect to
a week in the individual's benefit year shall be deemed to be a
child of the other parent, and no other person shall be
determined to be a child of such other parent, during the
remainder of that benefit year.

SB1350 Enrolled - 22 - LRB096 09823 RLC 19986 b
"Nonworking spouse" means the lawful husband or wife of an
individual claiming benefits under this Act, for whom more than
one-half the cost of support has been supplied by the
individual for at least 90 consecutive days (or for the
duration of the marital relationship if it has existed for less
than 90 days) immediately preceding any week with respect to
which the individual has filed a claim, but only if the
nonworking spouse is currently ineligible to receive benefits
under this Act by reason of the provisions of Section 500E.
An individual who was obligated by law to provide for the
support of a child or of a nonworking spouse for the aforesaid
period of 90 consecutive days, but was prevented by illness or
injury from doing so, shall be deemed to have provided more
than one-half the cost of supporting the child or nonworking
spouse for that period.
(Source: P.A. 93-634, eff. 1-1-04.)
(820 ILCS 405/409) (from Ch. 48, par. 409)
Sec. 409. Extended Benefits.
A. For the purposes of this Section:
1. "Extended benefit period" means a period which
begins with the third week after a week for which there is
a State "on" indicator; and ends with either of the
following weeks, whichever occurs later: (1) the third week
after the first week for which there is a State "off"
indicator, or (2) the thirteenth consecutive week of such

SB1350 Enrolled - 23 - LRB096 09823 RLC 19986 b
period. No extended benefit period shall begin by reason of
a State "on" indicator before the fourteenth week following
the end of a prior extended benefit period.
2. There is a "State 'on' indicator" for a week if (a)
the Director determines, in accordance with the
regulations of the United States Secretary of Labor or
other appropriate Federal agency, that for the period
consisting of such week and the immediately preceding
twelve weeks, the rate of insured unemployment (not
seasonally adjusted) in this State (a) equaled or exceeded
4% and equaled or exceeded 120% of the average of such
rates for the corresponding 13-week period ending in each
of the preceding two calendar years, or (b) equaled or
exceeded 5%; for weeks beginning after September 25, 1982
(1) equaled or exceeded 5% and equaled or exceeded 120% of
the average of such rates for the corresponding 13-week
period ending in each of the preceding 2 calendar years, or
(2) equaled or exceeded 6 percent, or (b) the United States
Secretary of Labor determines that (1) the average rate of
total unemployment in this State (seasonally adjusted) for
the period consisting of the most recent 3 months for which
data for all states are published before the close of such
week equals or exceeds 6.5%, and (2) the average rate of
total unemployment in this State (seasonally adjusted) for
the 3-month period referred to in (1) equals or exceeds
110% of such average rate for either (or both) of the

SB1350 Enrolled - 24 - LRB096 09823 RLC 19986 b
corresponding 3-month periods ending in the 2 preceding
calendar years. Clause (b) of this paragraph shall only
apply to weeks beginning on or after February 22, 2009,
through the week ending 3 weeks prior to the last week for
which federal sharing is provided as authorized by Section
2005(a) of Public Law 111-5 and is inoperative as of the
end of the last week for which federal sharing is provided
as authorized by Section 2005(a) of Public Law 111-5.
3. There is a "State 'off' indicator" for a week if
there is not a State 'on' indicator for the week pursuant
to paragraph 2 the Director determines, in accordance with
the regulations of the United States Secretary of Labor or
other appropriate Federal agency, that for the period
consisting of such week and the immediately preceding
twelve weeks, the rate of insured unemployment (not
seasonally adjusted) in this State (a) was less than 5% and
was less than 120% of the average of such rates for the
corresponding 13-week period ending in each of the
preceding 2 calendar years, or (b) was less than 4%; and
for weeks beginning after September 25, 1982, (1) was less
than 6% and less than 120% of the average of such rates for
the corresponding 13-week period ending in each of the
preceding 2 calendar years, or (2) was less than 5%.
4. "Rate of insured unemployment", for the purpose of
paragraph paragraphs 2 and 3, means the percentage derived
by dividing (a) the average weekly number of individuals

SB1350 Enrolled - 25 - LRB096 09823 RLC 19986 b
filing claims for "regular benefits" in this State for
weeks of unemployment with respect to the most recent 13
consecutive week period, as determined by the Director on
the basis of his reports to the United States Secretary of
Labor or other appropriate Federal agency, by (b) the
average monthly employment covered under this Act for the
first four of the most recent six completed calendar
quarters ending before the close of such 13-week period.
5. "Regular benefits" means benefits, other than
extended benefits and additional benefits, payable to an
individual (including dependents' allowances) under this
Act or under any other State unemployment compensation law
(including benefits payable to Federal civilian employees
and ex-servicemen pursuant to 5 U.S.C. chapter 85).
6. "Extended benefits" means benefits (including
benefits payable to Federal civilian employees and
ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to
an individual under the provisions of this Section for
weeks which begin in his eligibility period.
7. "Additional benefits" means benefits totally
financed by a State and payable to exhaustees (as defined
in subsection C) by reason of conditions of high
unemployment or by reason of other specified factors. If an
individual is eligible to receive extended benefits under
the provisions of this Section and is eligible to receive
additional benefits with respect to the same week under the

SB1350 Enrolled - 26 - LRB096 09823 RLC 19986 b
law of another State, he may elect to claim either extended
benefits or additional benefits with respect to the week.
8. "Eligibility period" means the period consisting of
the weeks in an individual's benefit year which begin in an
extended benefit period and, if his benefit year ends
within such extended benefit period, any weeks thereafter
which begin in such period. An individual's eligibility
period shall also include such other weeks as federal law
may allow.
9. Notwithstanding any other provision to the contrary
of the provisions of Sections 1404, 1405B, and 1501, no
employer shall be liable for payments in lieu of
contributions pursuant to Section 1404, and wages shall not
become benefit wages, by reason of the payment of extended
benefits which are wholly reimbursed to this State by the
Federal Government or would have been wholly reimbursed to
this State by the Federal Government if the employer had
paid all of the claimant's wages during the applicable base
period. With respect to extended benefits, paid prior to
July 1, 1989, wages shall become benefit wages under
Section 1501 only when an individual is first paid such
benefits with respect to his eligibility period which are
not wholly reimbursed to this State by the Federal
Government. Extended benefits , paid on or after July 1,
1989, shall not become benefit charges under Section 1501.1
if they are wholly reimbursed to this State by the Federal

SB1350 Enrolled - 27 - LRB096 09823 RLC 19986 b
Government or would have been wholly reimbursed to this
State by the Federal Government if the employer had paid
all of the claimant's wages during the applicable base
period. For purposes of this paragraph, extended benefits
will be considered to be wholly reimbursed by the Federal
Government notwithstanding the operation of Section
204(a)(2)(D) of the Federal-State Extended Unemployment
Compensation Act of 1970 only when any individual is paid
such benefits with respect to his eligibility period which
are not wholly reimbursed by the Federal Government.
B. An individual shall be eligible to receive extended
benefits pursuant to this Section for any week which begins in
his eligibility period if, with respect to such week (1) he has
been paid wages for insured work during his base period equal
to at least 1 1/2 times the wages paid in that calendar quarter
of his base period in which such wages were highest, provided
that this provision applies only with respect to weeks
beginning after September 25, 1982; (2) he has met the
requirements of Section 500E of this Act; (3) he is an
exhaustee; and (4) except when the result would be inconsistent
with the provisions of this Section, he has satisfied the
requirements of this Act for the receipt of regular benefits.
C. An individual is an exhaustee with respect to a week
which begins in his eligibility period if:
1. Prior to such week (a) he has received, with respect
to his current benefit year that includes such week, the

SB1350 Enrolled - 28 - LRB096 09823 RLC 19986 b
maximum total amount of benefits to which he was entitled
under the provisions of Section 403B, and all of the
regular benefits (including dependents' allowances) to
which he had entitlement (if any) on the basis of wages or
employment under any other State unemployment compensation
law; or (b) he has received all the regular benefits
available to him with respect to his current benefit year
that includes such week, under this Act and under any other
State unemployment compensation law, after a cancellation
of some or all of his wage credits or the partial or total
reduction of his regular benefit rights; or (c) his benefit
year terminated, and he cannot meet the qualifying wage
requirements of Section 500E of this Act or the qualifying
wage or employment requirements of any other State
unemployment compensation law to establish a new benefit
year which would include such week or, having established a
new benefit year that includes such week, he is ineligible
for regular benefits by reason of Section 607 of this Act
or a like provision of any other State unemployment
compensation law; and
2. For such week (a) he has no right to benefits or
allowances, as the case may be, under the Railroad
Unemployment Insurance Act, or such other Federal laws as
are specified in regulations of the United States Secretary
of Labor or other appropriate Federal agency; and (b) he
has not received and is not seeking benefits under the

SB1350 Enrolled - 29 - LRB096 09823 RLC 19986 b
unemployment compensation law of Canada, except that if he
is seeking such benefits and the appropriate agency finally
determines that he is not entitled to benefits under such
law, this clause shall not apply.
3. For the purposes of clauses (a) and (b) of paragraph
1 of this subsection, an individual shall be deemed to have
received, with respect to his current benefit year, the
maximum total amount of benefits to which he was entitled
or all of the regular benefits to which he had entitlement,
or all of the regular benefits available to him, as the
case may be, even though (a) as a result of a pending
reconsideration or appeal with respect to the "finding"
defined in Section 701, or of a pending appeal with respect
to wages or employment or both under any other State
unemployment compensation law, he may subsequently be
determined to be entitled to more regular benefits; or (b)
by reason of a seasonality provision in a State
unemployment compensation law which establishes the weeks
of the year for which regular benefits may be paid to
individuals on the basis of wages in seasonal employment he
may be entitled to regular benefits for future weeks but
such benefits are not payable with respect to the week for
which he is claiming extended benefits, provided that he is
otherwise an exhaustee under the provisions of this
subsection with respect to his rights to regular benefits,
under such seasonality provision, during the portion of the

SB1350 Enrolled - 30 - LRB096 09823 RLC 19986 b
year in which that week occurs; or (c) having established a
benefit year, no regular benefits are payable to him with
respect to such year because his wage credits were
cancelled or his rights to regular benefits were totally
reduced by reason of the application of a disqualification
provision of a State unemployment compensation law.
D. 1. The provisions of Section 607 and the waiting period
requirements of Section 500D shall not be applicable to any
week with respect to which benefits are otherwise payable
under this Section.
2. An individual shall not cease to be an exhaustee
with respect to any week solely because he meets the
qualifying wage requirements of Section 500E for a part of
such week.
3. For the purposes of this Section, the "base period"
referred to in Sections 601 and 602 shall be the base
period with respect to the benefit year in which the
individual's eligibility period begins.
E. With respect to any week which begins in his eligibility
period, an exhaustee's "weekly extended benefit amount" shall
be the same as his weekly benefit amount during his benefit
year which includes such week or, if such week is not in a
benefit year, during his applicable benefit year, as defined in
regulations issued by the United States Secretary of Labor or
other appropriate Federal agency. If the exhaustee had more
than one weekly benefit amount during his benefit year, his

SB1350 Enrolled - 31 - LRB096 09823 RLC 19986 b
weekly extended benefit amount with respect to such week shall
be the latest of such weekly benefit amounts.
F. 1. An eligible exhaustee shall be entitled, during any
eligibility period, to a maximum total amount of extended
benefits equal to the lesser of the following amounts:
a. 1. Fifty percent of the maximum total amount of
benefits to which he was entitled under Section 403B during
his applicable benefit year; or
b. 2. Thirteen times his weekly extended benefit amount
as determined under subsection E; or .
c. Thirty-nine times his or her average weekly extended
benefit amount, reduced by the regular benefits (not
including any dependents' allowances) paid to him or her
during such benefit year.
2. An eligible exhaustee shall be entitled, during a "high
unemployment period", to a maximum total amount of extended
benefits equal to the lesser of the following amounts:
a. Eighty percent of the maximum total amount of
benefits to which he or she was entitled under Section 403B
during his or her applicable benefit year;
b. Twenty times his or her weekly extended benefit
amount as determined under subsection E; or
c. Forty-six times his or her average weekly extended
benefit amount, reduced by the regular benefits (not
including any dependents' allowances) paid to him or her
during such benefit year.

SB1350 Enrolled - 32 - LRB096 09823 RLC 19986 b
For purposes of this paragraph, the term "high unemployment
period" means any period during which (i) clause (b) of
paragraph (2) of subsection A is operative and (ii) an extended
benefit period would be in effect if clause (b) of paragraph
(2) of subsection A of this Section were applied by
substituting "8%" for "6.5%".
3. Notwithstanding paragraphs subparagraphs 1 and 2 of this
subsection F, and if the benefit year of an individual ends
within an extended benefit period, the remaining balance of
extended benefits that the individual would, but for this
subsection F, be otherwise entitled to receive in that extended
benefit period, for weeks of unemployment beginning after the
end of the benefit year, shall be reduced (but not below zero)
by the product of the number of weeks for which the individual
received any amounts as trade readjustment allowances as
defined in the federal Trade Act of 1974 within that benefit
year multiplied by his weekly benefit amount for extended
benefits.
G. 1. A claims adjudicator shall examine the first claim
filed by an individual with respect to his eligibility
period and, on the basis of the information in his
possession, shall make an "extended benefits finding".
Such finding shall state whether or not the individual has
met the requirement of subsection B(1), is an exhaustee
and, if he is, his weekly extended benefit amount and the
maximum total amount of extended benefits to which he is

SB1350 Enrolled - 33 - LRB096 09823 RLC 19986 b
entitled. The claims adjudicator shall promptly notify the
individual of his "extended benefits finding", and shall
promptly notify the individual's most recent employing
unit, with respect to benefit years beginning on or after
July 1, 1989 and the individual's last employer (referred
to in Section 1502.1) that the individual has filed a claim
for extended benefits. The claims adjudicator may
reconsider his "extended benefits finding" at any time
within one year after the close of the individual's
eligibility period, and shall promptly notify the
individual of such reconsidered finding. All of the
provisions of this Act applicable to reviews from findings
or reconsidered findings made pursuant to Sections 701 and
703 which are not inconsistent with the provisions of this
subsection shall be applicable to reviews from extended
benefits findings and reconsidered extended benefits
findings.
2. If, pursuant to the reconsideration or appeal with
respect to a "finding", referred to in paragraph 3 of
subsection C, an exhaustee is found to be entitled to more
regular benefits and, by reason thereof, is entitled to
more extended benefits, the claims adjudicator shall make a
reconsidered extended benefits finding and shall promptly
notify the exhaustee thereof.
H. Whenever an extended benefit period is to begin in this
State because there is a State "on" indicator, or whenever an

SB1350 Enrolled - 34 - LRB096 09823 RLC 19986 b
extended benefit period is to end in this State because there
is a State "off" indicator, the Director shall make an
appropriate public announcement.
I. Computations required by the provisions of paragraph 4 6
of subsection A shall be made by the Director in accordance
with regulations prescribed by the United States Secretary of
Labor, or other appropriate Federal agency.
J. 1. Interstate Benefit Payment Plan means the plan
approved by the Interstate Conference of Employment
Security Agencies under which benefits shall be payable to
unemployed individuals absent from the state (or states) in
which benefit credits have been accumulated.
2. An individual who commutes from his state of
residence to work in another state and continues to reside
in such state of residence while filing his claim for
unemployment insurance under this Section of the Act shall
not be considered filing a claim under the Interstate
Benefit Payment Plan so long as he files his claim in and
continues to report to the employment office under the
regulations applicable to intrastate claimants in the
state in which he was so employed.
3. "State" when used in this subsection includes States
of the United States of America, the District of Columbia,
Puerto Rico and the Virgin Islands. For purposes of this
subsection, the term "state" shall also be construed to
include Canada.

SB1350 Enrolled - 35 - LRB096 09823 RLC 19986 b
4. Notwithstanding any other provision of this Act,
effective with weeks beginning on or after June 1, 1981 an
individual shall be eligible for a maximum of 2 weeks of
benefits payable under this Section after he files his
initial claim for extended benefits in an extended benefit
period, as defined in paragraph 1 of subsection A, under
the Interstate Benefit Payment Plan unless there also
exists an extended benefit period, as defined in paragraph
1 of subsection A, in the state where such claim is filed.
Such maximum eligibility shall continue as long as the
individual continues to file his claim under the Interstate
Benefit Payment Plan, notwithstanding that the individual
moves to another state where an extended benefit period
exists and files for weeks prior to his initial Interstate
claim in that state.
5. 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 or issue any
regulations necessary in the administration of this
subsection to insure that its provisions are so interpreted
and applied as to meet the requirements of such Federal Act
as interpreted by the United States Secretary of Labor or
other appropriate Federal agency.
K. 1. Notwithstanding any other provisions of this Act, an
individual shall be ineligible for the payment of extended
benefits for any week of unemployment in his eligibility

SB1350 Enrolled - 36 - LRB096 09823 RLC 19986 b
period if the Director finds that during such period:
a. he failed to accept any offer of suitable work
(as defined in paragraph 3 below) or failed to apply
for any suitable work to which he was referred by the
Director; or
b. he failed to actively engage in seeking work as
prescribed under paragraph 5 below.
2. Any individual who has been found ineligible for
extended benefits by reason of the provisions of paragraph
1 of this subsection shall be denied benefits beginning
with the first day of the week in which such failure has
occurred and until he has been employed in each of 4
subsequent weeks (whether or not consecutive) and has
earned remuneration equal to at least 4 times his weekly
benefit amount.
3. For purposes of this subsection only, the term
"suitable work" means, with respect to any individual, any
work which is within such individual's capabilities,
provided, however, that the gross average weekly
remuneration payable for the work must exceed the sum of:
a. must exceed the sum of (i) the individual's
extended weekly benefit amount as determined under
subsection E above plus (ii) b. the amount, if any, of
supplemental unemployment benefits (as defined in
Section 501(c)(17)(D) of the Internal Revenue Code of
1954) payable to such individual for such week; and

SB1350 Enrolled - 37 - LRB096 09823 RLC 19986 b
further,
b. is c. pays wages not less than the higher of --
(i) the minimum wage provided by Section 6
(a)(1) of the Fair Labor Standards Act of 1938,
without regard to any exemption; or
(ii) the applicable state or local minimum
wage;
c. d. provided, however, that no individual shall
be denied extended benefits for failure to accept an
offer of or apply for any job which meets the
definition of suitability as described above if:
(i) the position was not offered to such
individual in writing or was not listed with the
employment service;
(ii) such failure could not result in a denial
of benefits under the definition of suitable work
for regular benefits claimants in Section 603 to
the extent that the criteria of suitability in that
Section are not inconsistent with the provisions
of this paragraph 3;
(iii) the individual furnishes satisfactory
evidence to the Director that his prospects for
obtaining work in his customary occupation within
a reasonably short period are good. If such
evidence is deemed satisfactory for this purpose,
the determination of whether any work is suitable

SB1350 Enrolled - 38 - LRB096 09823 RLC 19986 b
with respect to such individual shall be made in
accordance with the definition of suitable work
for regular benefits in Section 603 without regard
to the definition specified by this paragraph.
4. Notwithstanding the provisions of paragraph 3 to the
contrary, no work shall be deemed to be suitable work for
an individual which does not accord with the labor standard
provisions required by Section 3304(a)(5) of the Internal
Revenue Code of 1954 and set forth herein under Section 603
of this Act.
5. For the purposes of subparagraph b of paragraph 1,
an individual shall be treated as actively engaged in
seeking work during any week if --
a. the individual has engaged in a systematic and
sustained effort to obtain work during such week, and
b. the individual furnishes tangible evidence that
he has engaged in such effort during such week.
6. The employment service shall refer any individual
entitled to extended benefits under this Act to any
suitable work which meets the criteria prescribed in
paragraph 3.
7. Notwithstanding any other provision of this Act, an
individual shall not be eligible to receive extended
benefits, otherwise payable under this Section, with
respect to any week of unemployment in his eligibility
period if such individual has been held ineligible for

SB1350 Enrolled - 39 - LRB096 09823 RLC 19986 b
benefits under the provisions of Sections 601, 602 or 603
of this Act until such individual had requalified for such
benefits by returning to employment and satisfying the
monetary requalification provision by earning at least his
weekly benefit amount.
8. This subsection shall be effective for weeks
beginning on or after March 31, 1981, and before March 7,
1993, and for weeks beginning on or after January 1, 1995.
L. The Governor may, if federal law so allows, elect, in
writing, to pay individuals, otherwise eligible for extended
benefits pursuant to this Section, any other federally funded
unemployment benefits, including but not limited to benefits
payable pursuant to the federal Supplemental Appropriations
Act, 2008, as amended, prior to paying them benefits under this
Section.
M. The provisions of this Section, as revised by this
amendatory Act of the 96th General Assembly, are retroactive to
February 22, 2009. The provisions of this amendatory Act of the
96th General Assembly with regard to subsection L and paragraph
8 of subsection A clarify authority already provided.
(Source: P.A. 86-3; 87-1266.)
(820 ILCS 405/601) (from Ch. 48, par. 431)
Sec. 601. Voluntary leaving.
A. An individual shall be ineligible for benefits for the
week in which he or she has left work voluntarily without good

SB1350 Enrolled - 40 - LRB096 09823 RLC 19986 b
cause attributable to the employing unit and, thereafter, until
he or she has become reemployed and has had earnings equal to
or in excess of his or her current weekly benefit amount in
each of four calendar weeks which are either for services in
employment, or have been or will be reported pursuant to the
provisions of the Federal Insurance Contributions Act by each
employing unit for which such services are performed and which
submits a statement certifying to that fact.
B. The provisions of this Section shall not apply to an
individual who has left work voluntarily:
1. Because he or she is deemed physically unable to
perform his or her work by a licensed and practicing
physician, or because the individual's or has left work
voluntarily upon the advice of a licensed and practicing
physician that assistance is necessary for the purpose of
caring for his or her spouse, child, or parent who,
according to a licensed and practicing physician or as
otherwise reasonably verified, is in poor physical or
mental health or is mentally or physically disabled and the
employer is unable to accommodate the individual's need to
provide such assistance will not allow him to perform the
usual and customary duties of his employment, and he has
notified the employing unit of the reasons for his absence;
2. To accept other bona fide work and, after such
acceptance, the individual is either not unemployed in each
of 2 weeks, or earns remuneration for such work equal to at

SB1350 Enrolled - 41 - LRB096 09823 RLC 19986 b
least twice his or her current weekly benefit amount;
3. In lieu of accepting a transfer to other work
offered to the individual by the employing unit under the
terms of a collective bargaining agreement or pursuant to
an established employer plan, program, or policy, if the
acceptance of such other work by the individual would
require the separation from that work of another individual
currently performing it;
4. Solely because of the sexual harassment of the
individual by another employee. Sexual harassment means
(1) unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact or other conduct or
communication which is made a term or condition of the
employment or (2) the employee's submission to or rejection
of such conduct or communication which is the basis for
decisions affecting employment, or (3) when such conduct or
communication has the purpose or effect of substantially
interfering with an individual's work performance or
creating an intimidating, hostile, or offensive working
environment and the employer knows or should know of the
existence of the harassment and fails to take timely and
appropriate action;
5. Which he or she had accepted after separation from
other work, and the work which he or she left voluntarily
would be deemed unsuitable under the provisions of Section
603;

SB1350 Enrolled - 42 - LRB096 09823 RLC 19986 b
6. (a) Because the individual left work due to verified
circumstances resulting from the individual being a victim
of domestic violence as defined in Section 103 of the
Illinois Domestic Violence Act of 1986 where the domestic
violence caused the individual to reasonably believe that
his or her continued employment would jeopardize his or her
safety or the safety of his or her spouse, minor child, or
parent ; and provided, such individual has made reasonable
efforts to preserve the employment.
For the purposes of this paragraph 6, the individual
shall be treated as being a victim of domestic violence if
the individual provides the following:
(i) written notice to the employing unit of the
reason for the individual's voluntarily leaving; and
(ii) to the Department provides:
(A) an order of protection or other
documentation of equitable relief issued by a
court of competent jurisdiction; or
(B) a police report or criminal charges
documenting the domestic violence; or
(C) medical documentation of the domestic
violence; or
(D) evidence of domestic violence from a
member of the clergy, attorney, counselor, social
worker, health worker or domestic violence shelter
worker.

SB1350 Enrolled - 43 - LRB096 09823 RLC 19986 b
(b) If the individual does not meet the provisions of
subparagraph (a), the individual shall be held to have
voluntarily terminated employment for the purpose of
determining the individual's eligibility for benefits
pursuant to subsection A.
(c) Notwithstanding any other provision to the
contrary, evidence of domestic violence experienced by an
individual, or his or her spouse, minor child, or parent,
including the individual's statement and corroborating
evidence, shall not be disclosed by the Department unless
consent for disclosure is given by the individual.
7. Because, due to a change in location of employment
of the individual's spouse, the individual left work to
accompany his or her spouse to a place from which it is
impractical to commute or because the individual left
employment to accompany a spouse who has been reassigned
from one military assignment to another. The employer's
account, however, shall not be charged for any benefits
paid out to the individual who leaves work under a
circumstance described in this paragraph to accompany a
spouse reassigned from one military assignment to another.
C. Within 90 days of the effective date of this amendatory
Act of the 96th General Assembly, the Department shall
promulgate rules, pursuant to the Illinois Administrative
Procedure Act and consistent with Section 903(f)(3)(B) of the
Social Security Act, to clarify and provide guidance regarding

SB1350 Enrolled - 44 - LRB096 09823 RLC 19986 b
eligibility and the prevention of fraud.
(Source: P.A. 95-736, eff. 7-16-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.