AUTHORITY: Implementing and authorized by Sections 613, 1700 and 1701 of the Illinois Unemployment Insurance Act (Ill. Rev. Stat. 1983, ch. 48, pars. 443, 610 and 611).

SOURCE: Adopted and codified as 56 Ill. Adm. Code 800.665, 800.666, 800.667, 800.668 and 800.669 at 6 Ill. Reg. 8333, effective July 17, 1982; recodified to 56 Ill. Adm. Code 1200: Subpart C at 8 Ill. Reg. 6037; recodified to 56 Ill. Adm. Code 2910: Subpart A at 8 Ill. Reg. 19428.

SUBPART A: GENERAL PROVISIONS

 

Section 2910.1  Ineligibility Of Professional Athletes And Ancillary Personnel During Periods Between Sports Seasons

 

Any individual who derives 90% or more of his total wages received from all sources, athletic or non-athletic, during his base period from participating or training or preparing to participate in sports or athletic events shall be ineligible to receive benefits, based upon his total base period wages or any portion thereof, for any week commencing during the period between the two successive sport seasons or similar periods if:

 

a)         He is engaged in sports or athletic events as a professional athlete or ancillary personnel for wages; and

 

b)         He performed such service in his applicable base period; and

 

c)         He has a reasonable assurance that he will perform services in the next season after the intervening period comes to an end.

 

Section 2910.5  Definitions

 

For the purposes of 56 Ill. Adm. Code 2910.1, the following terms shall have the meaning given hereunder:

 

a)         "Sports" or "athletics" is an activity involving an individual or group of individuals who participate in any competitive play, game, or contest that requires either physical or mental ability, or both.

 

b)         "Participate" shall mean taking part in sports or athletic events as an individual competitor or as a member of a team, or as a participant in the training or preparing to so participate.

 

c)         "Sports season" is that part of the calendar year when according to the established practice or tradition of a particular sport or game, the team players or individual competitors are actively involved in participating in sports or athletic events or in training or preparing to so participate.

 

d)         "Professional athlete"

 

1)         "Professional athlete" is a claimant whose occupation is participating in athletic or sporting events as:

 

A)        A regular player or team player; or

 

B)        An alternate player or team member; or

 

C)        An individual in training to become a regular player or team member; or

 

D)        An individual who, although performing no active services, is retained as a player or team member while recuperating from illness or injury.

 

2)         A semiprofessional athlete is within the scope of the term "professional athlete" if he is paid for participating in sports or athletic events.

 

e)         "Ancillary personnel" is a claimant who, without being a professional athlete, participates, or trains or prepares to so participate in sporting or athletic events.  It includes:

 

1)         Coaches;

 

2)         Trainers;

 

3)         Referees.

 

Section 2910.10  Presumption Of Reasonable Assurance

 

A reasonable assurance that the claimant will perform services in sports or athletic events in a subsequent season is presumed to exist if:

 

a)         He has an expressed or implied multiyear contract which extends into the subsequent sport season; or

 

b)         He is free to negotiate with other teams or employers for employment as a participant in the subsequent sport season, and

 

1)         There is reason to believe that one or more employers of participants in athletic events are considering or would be desirous of employing the claimant  in an athletic capacity in the subsequent sport season, and

 

2)         He is not clearly and affirmatively withdrawn from participating in remunerative and competitive sports or athletic events.

 

Section 2910.15  Reasonable Assurance Not Fulfilled

 

When the reasonable assurance provided in 56 Ill. Adm. Code 2910.10 fails to materialize, the denial of benefits to the professional athlete or ancillary personnel is still effective until the date when it is established that the assurance no longer exists.  Following this date, benefits will be paid if the individual is otherwise eligible.

 

Section 2910.20  Sports Seasons And Period Between Seasons Determined

 

The beginning and ending dates of any sport season and the beginning and ending dates of the intervening time period between two successive sports seasons shall be determined by the Director after taking into consideration factors of custom and practice within a particular sport, published dates for beginning and ending a season and any other information bearing upon such determination.