Bill Text: IL SB3009 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act. In a provision making certain academic personnel ineligible for unemployment benefits during the period between 2 successive academic years if there is a reasonable assurance such individuals would perform services for the educational institution during the period immediately following the first academic year or term, provides that in order for there to be "reasonable assurance" certain requirements must be met, including, but not limited to: (i) the educational institution has made an offer of employment in the following academic year or term that is either written, oral, or implied; (ii) the employment offered in the following academic year or term is in the same capacity; and (iii) based on a totality of the circumstances, it is highly probable that there is a job available for the claimant in the following academic year or term. Requires determinations by the Department of Employment Security to be done on a case-by-case basis. Requires each educational institution to provide the Department, in a form prescribed by the Director of Employment Security, no less than 10 business days prior to the end of the academic year or term: (1) a list of all employees who the educational institution has concluded do not have a reasonable assurance of employment in the following academic year or term; and (2) for each employee that the educational institution maintains does have a reasonable assurance of employment in the following academic year or term, a statement explaining the manner in which the employee was given a reasonable assurance of employment. Provides that an educational institution's failure to provide the statement required under item (2) shall result in a rebuttable presumption that the claimant does not have a reasonable assurance of employment in the following academic year or term. Provides that any rules adopted to implement the amendatory Act must meet federal requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-10 - Rule 3-9(a) / Re-referred to Assignments [SB3009 Detail]

Download: Illinois-2021-SB3009-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3009 Introduced 1/5/2022, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED:
820 ILCS 405/612 from Ch. 48, par. 442
Amends the Unemployment Insurance Act. In a provision making certain academic personnel ineligible for unemployment benefits during the period between 2 successive academic years if there is a reasonable assurance such individuals would perform services for the educational institution during the period immediately following the first academic year or term, provides that in order for there to be "reasonable assurance" certain requirements must be met, including, but not limited to: (i) the educational institution has made an offer of employment in the following academic year or term that is either written, oral, or implied; (ii) the employment offered in the following academic year or term is in the same capacity; and (iii) based on a totality of the circumstances, it is highly probable that there is a job available for the claimant in the following academic year or term. Requires determinations by the Department of Employment Security to be done on a case-by-case basis. Requires each educational institution to provide the Department, in a form prescribed by the Director of Employment Security, no less than 10 business days prior to the end of the academic year or term: (1) a list of all employees who the educational institution has concluded do not have a reasonable assurance of employment in the following academic year or term; and (2) for each employee that the educational institution maintains does have a reasonable assurance of employment in the following academic year or term, a statement explaining the manner in which the employee was given a reasonable assurance of employment. Provides that an educational institution's failure to provide the statement required under item (2) shall result in a rebuttable presumption that the claimant does not have a reasonable assurance of employment in the following academic year or term. Provides that any rules adopted to implement the amendatory Act must meet federal requirements.
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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 612 as follows:
(820 ILCS 405/612) (from Ch. 48, par. 442)
Sec. 612. Academic personnel; ineligibility personnel -
ineligibility between academic years or terms.
A. Benefits based on wages for services which are
employment under the provisions of Sections 211.1, 211.2, and
302C shall be payable in the same amount, on the same terms,
and subject to the same conditions as benefits payable on the
basis of wages for other services which are employment under
this Act; except that:
1. An individual shall be ineligible for benefits, on
the basis of wages for employment in an instructional,
research, or principal administrative capacity performed
for an institution of higher education, for any week which
begins during the period between two successive academic
years, or during a similar period between two regular
terms, whether or not successive, or during a period of
paid sabbatical leave provided for in the individual's
contract, if the individual has a contract or contracts to

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perform services in any such capacity for any institution
or institutions of higher education for both such academic
years or both such terms.
This paragraph 1 shall apply with respect to any week
which begins prior to January 1, 1978.
2. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity other than those referred to in paragraph 1,
performed for an institution of higher learning, for any
week which begins after September 30, 1983, during a
period between two successive academic years or terms, if
the individual performed such service in the first of such
academic years or terms and there is a reasonable
assurance that the individual will perform such service in
the second of such academic years or terms.
3. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity other than those referred to in paragraph 1,
performed for an institution of higher education, for any
week which begins after January 5, 1985, during an
established and customary vacation period or holiday
recess, if the individual performed such service in the
period immediately before such vacation period or holiday
recess and there is a reasonable assurance that the
individual will perform such service in the period
immediately following such vacation period or holiday

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recess.
B. Benefits based on wages for services which are
employment under the provisions of Sections 211.1 and 211.2
shall be payable in the same amount, on the same terms, and
subject to the same conditions, as benefits payable on the
basis of wages for other services which are employment under
this Act, except that:
1. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in an
instructional, research, or principal administrative
capacity performed for an educational institution, for any
week which begins after December 31, 1977, during a period
between two successive academic years, or during a similar
period between two regular terms, whether or not
successive, or during a period of paid sabbatical leave
provided for in the individual's contract, if the
individual performed such service in the first of such
academic years (or terms) and if there is a contract or a
reasonable assurance that the individual will perform
service in any such capacity for any educational
institution in the second of such academic years (or
terms).
2. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity other than those referred to in paragraph 1,
performed for an educational institution, for any week

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which begins after December 31, 1977, during a period
between two successive academic years or terms, if the
individual performed such service in the first of such
academic years or terms and there is a reasonable
assurance that the individual will perform such service in
the second of such academic years or terms.
3. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity performed for an educational institution, for any
week which begins after January 5, 1985, during an
established and customary vacation period or holiday
recess, if the individual performed such service in the
period immediately before such vacation period or holiday
recess and there is a reasonable assurance that the
individual will perform such service in the period
immediately following such vacation period or holiday
recess.
4. An individual shall be ineligible for benefits on
the basis of wages for service in employment in any
capacity performed in an educational institution while in
the employ of an educational service agency for any week
which begins after January 5, 1985, (a) during a period
between two successive academic years or terms, if the
individual performed such service in the first of such
academic years or terms and there is a reasonable
assurance that the individual will perform such service in

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the second of such academic years or terms; and (b) during
an established and customary vacation period or holiday
recess, if the individual performed such service in the
period immediately before such vacation period or holiday
recess and there is a reasonable assurance that the
individual will perform such service in the period
immediately following such vacation period or holiday
recess. The term "educational service agency" means a
governmental agency or governmental entity which is
established and operated exclusively for the purpose of
providing such services to one or more educational
institutions.
C. 1. If benefits are denied to any individual under the
provisions of paragraph 2 of either subsection A or B of this
Section for any week which begins on or after September 3, 1982
and such individual is not offered a bona fide opportunity to
perform such services for the educational institution for the
second of such academic years or terms, such individual shall
be entitled to a retroactive payment of benefits for each week
for which the individual filed a timely claim for benefits as
determined by the rules and regulations issued by the Director
for the filing of claims for benefits, provided that such
benefits were denied solely because of the provisions of
paragraph 2 of either subsection A or B of this Section.
2. If benefits on the basis of wages for service in
employment in other than an instructional, research, or

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principal administrative capacity performed in an educational
institution while in the employ of an educational service
agency are denied to any individual under the provisions of
subparagraph (a) of paragraph 4 of subsection B and such
individual is not offered a bona fide opportunity to perform
such services in an educational institution while in the
employ of an educational service agency for the second of such
academic years or terms, such individual shall be entitled to
a retroactive payment of benefits for each week for which the
individual filed a timely claim for benefits as determined by
the rules and regulations issued by the Director for the
filing of claims for benefits, provided that such benefits
were denied solely because of subparagraph (a) of paragraph 4
of subsection B of this Section.
D. Notwithstanding any other provision in this Section or
paragraph 2 of subsection C of Section 500 to the contrary,
with respect to a week of unemployment 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 (the effective date of Public Act
102-26) this amendatory Act of the 102nd General Assembly),
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
any of the circumstances described in this Section, to the

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extent permitted under Section 3304(a)(6) of the Federal
Unemployment Tax Act, as long as the individual is otherwise
eligible for benefits.
E. 1. For the purposes of this Section, in order for there
to be a "reasonable assurance" all of the following
requirements shall be met:
(a) The educational institution has made an offer of
employment in the following academic year or term that is
either written, oral, or implied.
(b) The offer of employment in the following academic
year or term was made by an individual with actual
authority to offer employment.
(c) The employment offered in the following academic
year or term is in the same capacity.
(d) The economic conditions of the employment offered
may not be considerably less in the following academic
year or term than in the then current academic year or
term. As used in this subparagraph, "considerably less"
means that the claimant will earn less than 90% of the
amount the claimant earned in the then current academic
year or term.
(e) The offer of employment in the following academic
year or term is not contingent upon a factor or factors
that are within the educational institution's control,
including, but not limited to, course programming,
decisions on how to allocate available funding, final

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course offerings, program changes, and facility
availability.
(f) Based on a totality of the circumstances, it is
highly probable that there is a job available for the
claimant in the following academic year or term. If a job
offer contains a contingency, primary weight should be
given to the contingent nature of the offer of employment.
Contingencies that are not necessarily within the
educational institution's control, such as funding,
enrollment, and seniority, may be taken into consideration
but the existence of any one contingency should not
determine whether it is highly probably that there is a
job available for the claimant in the following academic
year or term.
2. Determinations by the Department whether claimants have
a reasonable assurance shall be done on a case-by-case basis.
3. Each educational institution shall provide the
following to the Department, in a form, including electronic
form, prescribed by the Director, no less than 10 business
days prior to the end of the academic year or term:
(a) a list of all employees who the educational
institution has concluded do not have a reasonable
assurance of employment in the following academic year or
term, along with information prescribed by the Director
regarding each such employee, which information shall
include, but not be limited to, name and social security

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number; and
(b) for each employee that the educational institution
maintains does have a reasonable assurance of employment
in the following academic year or term, a statement
explaining the manner in which the employee was given a
reasonable assurance of employment, that is, whether it
was in writing, oral, or implied, and what information
about the offer, including contingencies, was communicated
to the individual.
4. The statement required under subparagraph (b) of
paragraph 3 may be used by the Department in its analysis under
paragraphs 1 and 2, but it does not conclusively demonstrate
that the claimant has a reasonable assurance of employment in
the following academic year or term.
5. Failure of an educational institution to provide the
statement required under subparagraph (b) of paragraph 3 not
less than 10 business days prior to the end of the academic
year or term shall result in a rebuttable presumption that the
claimant does not have a reasonable assurance of employment in
the following academic year or term. This rebuttable
presumption shall give rise to an inference that the claimant
does not have a reasonable assurance of employment in the
following academic year or term, but shall not conclusively
demonstrate that the claimant does not have a reasonable
assurance of employment in the following academic year or
term.

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6. Any rules adopted to implement this subsection shall
meet federal requirements that are a necessary condition to
the receipt of federal funds by the State or the granting of
federal unemployment tax credits to employers in this State.
(Source: P.A. 101-633, eff. 6-5-20; 102-26, eff. 6-25-21;
revised 8-3-21.)