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| Public Act 099-0912
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| SB1941 Enrolled | LRB099 08774 JLS 28943 b |
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AN ACT concerning employment.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unemployment Insurance Act is amended by |
adding Section 408.5 as follows:
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(820 ILCS 405/408.5 new) |
Sec. 408.5. Additional benefits. |
A. Additional benefits shall be available: |
1. Only with respect to benefit years beginning on or |
after April 1, 2015 and prior to the effective date of this |
amendatory Act of the 99th General Assembly; and |
2. To an otherwise eligible individual: (a) who was |
certified as eligible to apply for adjustment assistance |
under the federal Trade Act of 1974, as amended, on or |
after January 1, 2015; (b) who has not received the maximum |
amount of trade readjustment allowances payable to him or |
her pursuant to paragraph (1) of subsection (a) of Section |
233 of the federal Trade Act of 1974, as amended, as a |
result of the certification referenced in item (a) of this |
paragraph 2; and (c) whose total or partial unemployment is |
attributable to a layoff from a steel manufacturer. |
B. An individual shall be eligible to receive additional |
benefits pursuant to this Section for a week if he or she: (1) |
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has met the requirements of Section 500E of this Act; (2) is an |
exhaustee; and (3) except when the result would be inconsistent |
with the provisions of this Section, has satisfied the |
requirements of this Act for the receipt of regular benefits as |
that term is defined in Section 409 of this Act. |
C. For the purposes of this Section, an individual is an |
exhaustee with respect to a week if: |
1. Prior to such week: (a) he or she has received, with |
respect to his or her current benefit year that includes |
such week, the maximum total amount of benefits to which he |
or she was entitled under the provisions of Section 403B, |
and all of the regular benefits (including dependents' |
allowances) to which he or she had entitlement (if any) on |
the basis of wages or employment under any other State |
unemployment compensation law; or (b) he or she has |
received all the regular benefits available to him or her |
with respect to his or her 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 or her wage credits or the partial or |
total reduction of his or her regular benefit rights; or |
(c) his or her benefit year terminated, and he or she |
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 |
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such week or, having established a new benefit year that |
includes such week, he or she 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 or she has no right to |
benefits or allowances, as the case may be, under the |
Railroad Unemployment Insurance Act, the federal Trade Act |
of 1974, as amended, 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 or |
she has not received and is not seeking benefits under the |
unemployment compensation law of Canada, except that if he |
or she is seeking such benefits and the appropriate agency |
finally determines that he or she is not entitled to |
benefits under such law, this clause shall not apply; and |
3. The week for which additional benefits are being |
claimed is not later than seventy-eight weeks after the end |
of the individual's benefit year for which benefits can be |
claimed under this Section. |
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 or her current benefit year, the |
maximum total amount of benefits to which he or she was |
entitled or all of the regular benefits to which he or she had |
entitlement, or all of the regular benefits available to him or |
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her, 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 or she 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 or she may be entitled to regular |
benefits for future weeks but such benefits are not payable |
with respect to the week for which he or she is claiming |
additional benefits, provided that he or she is otherwise an |
exhaustee under the provisions of this subsection with respect |
to his or her rights to regular benefits, under such |
seasonality provision, during the portion of the year in which |
that week occurs; or (c) having established a benefit year, no |
regular benefits are payable to him or her with respect to such |
year because his or her wage credits were cancelled or his or |
her rights to regular benefits were totally reduced by reason |
of the application of a disqualification provision of a State |
unemployment compensation law. |
An individual shall not cease to be an exhaustee with |
respect to any week solely because he or she meets the |
qualifying wage requirements of Section 500E for a part of such |
week. |
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D. 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. |
E. With respect to any week payable under this Section, an |
exhaustee's "weekly additional benefit amount" shall be the |
same as his or her weekly benefit amount during his or her |
benefit year which includes such week or, if such week is not |
in a benefit year, during his or her 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 or her |
benefit year, his or her weekly additional benefit amount with |
respect to such week shall be the latest of such weekly benefit |
amounts. |
F. An eligible exhaustee shall be entitled to a maximum |
total amount of additional benefits equal to the maximum total |
amount of benefits to which he or she was entitled under |
Section 403B, plus dependents' allowances, during his or her |
applicable benefit year, minus the sum of any trade |
readjustment allowances he or she has received as a result of |
the certification referenced in item (a) of paragraph 2 of |
subsection A. |
G. 1. A claims adjudicator shall examine the first claim |
filed by an individual who meets the requirements of subsection |
A and, on the basis of the information in his or her |
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possession, shall make an "additional benefits finding". Such |
finding shall state whether or not the individual has met the |
requirement of subsection E of Section 500 of this Act, is an |
exhaustee and, if so, his or her weekly additional benefit |
amount and the maximum total amount of additional benefits to |
which he or she is entitled. The claims adjudicator shall |
promptly notify the individual of his or her "additional |
benefits finding", and shall promptly notify the individual's |
most recent employing unit and the individual's last employer |
(referred to in Section 1502.1) that the individual has filed a |
claim for additional benefits. The claims adjudicator may |
reconsider his or her "additional benefits finding" at any time |
within 2 years after the close of the individual's applicable |
benefit year, 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 additional benefits findings and |
reconsidered additional benefits findings. |
2. If, pursuant to the reconsideration or appeal with |
respect to a "finding", referred to in subsection C, an |
exhaustee is found to be entitled to more regular benefits and, |
by reason thereof, is entitled to more additional benefits, the |
claims adjudicator shall make a reconsidered additional |
benefits finding and shall promptly notify the exhaustee |
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thereof. |
H. Benefits payable pursuant to this Section shall be paid |
from the unemployment trust fund. |
I. No employer shall be chargeable for the additional |
benefits paid under this Section. |
J. To ensure full compliance and coordination with all |
applicable federal laws, including, but not limited to, the |
federal Trade Act of 1974, as amended, the Federal Unemployment |
Tax Act, and the Social Security Act, the Director shall take |
any action or issue any regulations necessary in the |
administration of this Section to ensure 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.
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