93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6606

 

Introduced 2/9/2004, by Charles E. Jefferson

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/612   from Ch. 48, par. 442

    Amends the Unemployment Insurance Act in relation to: employees working in a capacity other than an instructional, research, or principal administrative capacity for an institution of higher education or an educational institution; and employees working in a capacity other than an instructional, research, or principal administrative capacity in an educational institution while in the employ of an educational service agency. Deletes provisions that made those employees ineligible for benefits during a period between two successive academic years or terms or during a vacation period or holiday recess if there is a reasonable assurance that the individual will perform that service in the second of the academic years or after the vacation period or holiday recess. Applies to weeks beginning on or after January 2, 2005.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1     AN ACT concerning employment.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Unemployment Insurance Act is amended by
5 changing Section 612 as follows:
 
6     (820 ILCS 405/612)  (from Ch. 48, par. 442)
7     Sec. 612. Academic Personnel - Ineligibility between
8 academic years or terms.
9     A. Benefits based on wages for services which are
10 employment under the provisions of Sections 211.1, 211.2, and
11 302C shall be payable in the same amount, on the same terms,
12 and subject to the same conditions as benefits payable on the
13 basis of wages for other services which are employment under
14 this Act; except that:
15         1. An individual shall be ineligible for benefits, on
16     the basis of wages for employment in an instructional,
17     research, or principal administrative capacity performed
18     for an institution of higher education, for any week which
19     begins during the period between two successive academic
20     years, or during a similar period between two regular
21     terms, whether or not successive, or during a period of
22     paid sabbatical leave provided for in the individual's
23     contract, if the individual has a contract or contracts to
24     perform services in any such capacity for any institution
25     or institutions of higher education for both such academic
26     years or both such terms.
27         This paragraph 1 shall apply with respect to any week
28     which begins prior to January 1, 1978.
29         2. (Blank) An individual shall be ineligible for
30     benefits, on the basis of wages for service in employment
31     in any capacity other than those referred to in paragraph
32     1, performed for an institution of higher learning, for any

 

 

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1     week which begins after September 30, 1983, during a period
2     between two successive academic years or terms, if the
3     individual performed such service in the first of such
4     academic years or terms and there is a reasonable assurance
5     that the individual will perform such service in the second
6     of such academic years or terms.
7         3. (Blank) An individual shall be ineligible for
8     benefits, on the basis of wages for service in employment
9     in any capacity other than those referred to in paragraph
10     1, performed for an institution of higher education, for
11     any week which begins after January 5, 1985, during an
12     established and customary vacation period or holiday
13     recess, if the individual performed such service in the
14     period immediately before such vacation period or holiday
15     recess and there is a reasonable assurance that the
16     individual will perform such service in the period
17     immediately following such vacation period or holiday
18     recess.
19     B. Benefits based on wages for services which are
20 employment under the provisions of Sections 211.1 and 211.2
21 shall be payable in the same amount, on the same terms, and
22 subject to the same conditions, as benefits payable on the
23 basis of wages for other services which are employment under
24 this Act, except that:
25         1. An individual shall be ineligible for benefits, on
26     the basis of wages for service in employment in an
27     instructional, research, or principal administrative
28     capacity performed for an educational institution, for any
29     week which begins after December 31, 1977, during a period
30     between two successive academic years, or during a similar
31     period between two regular terms, whether or not
32     successive, or during a period of paid sabbatical leave
33     provided for in the individual's contract, if the
34     individual performed such service in the first of such
35     academic years (or terms) and if there is a contract or a
36     reasonable assurance that the individual will perform

 

 

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1     service in any such capacity for any educational
2     institution in the second of such academic years (or
3     terms).
4         2. (Blank) An individual shall be ineligible for
5     benefits, on the basis of wages for service in employment
6     in any capacity other than those referred to in paragraph
7     1, performed for an educational institution, for any week
8     which begins after December 31, 1977, during a period
9     between two successive academic years or terms, if the
10     individual performed such service in the first of such
11     academic years or terms and there is a reasonable assurance
12     that the individual will perform such service in the second
13     of such academic years or terms.
14         3. (Blank) An individual shall be ineligible for
15     benefits, on the basis of wages for service in employment
16     in any capacity performed for an educational institution,
17     for any week which begins after January 5, 1985, during an
18     established and customary vacation period or holiday
19     recess, if the individual performed such service in the
20     period immediately before such vacation period or holiday
21     recess and there is a reasonable assurance that the
22     individual will perform such service in the period
23     immediately following such vacation period or holiday
24     recess.
25         4. An individual shall be ineligible for benefits on
26     the basis of wages for service in employment in an
27     instructional, research, or principal administrative any
28     capacity performed in an educational institution while in
29     the employ of an educational service agency for any week
30     which begins after January 5, 1985, (a) during a period
31     between two successive academic years or terms, if the
32     individual performed such service in the first of such
33     academic years or terms and there is a reasonable assurance
34     that the individual will perform such service in the second
35     of such academic years or terms; and (b) during an
36     established and customary vacation period or holiday

 

 

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1     recess, if the individual performed such service in the
2     period immediately before such vacation period or holiday
3     recess and there is a reasonable assurance that the
4     individual will perform such service in the period
5     immediately following such vacation period or holiday
6     recess. The term "educational service agency" means a
7     governmental agency or governmental entity which is
8     established and operated exclusively for the purpose of
9     providing such services to one or more educational
10     institutions.
11     C. (Blank) 1. If benefits are denied to any individual
12 under the provisions of paragraph 2 of either subsection A or B
13 of this Section for any week which begins on or after September
14 3, 1982 and such individual is not offered a bona fide
15 opportunity to perform such services for the educational
16 institution for the second of such academic years or terms,
17 such individual shall be entitled to a retroactive payment of
18 benefits for each week for which the individual filed a timely
19 claim for benefits as determined by the rules and regulations
20 issued by the Director for the filing of claims for benefits,
21 provided that such benefits were denied solely because of the
22 provisions of paragraph 2 of either subsection A or B of this
23 Section.
24     2. If benefits on the basis of wages for service in
25 employment in other than an instructional, research, or
26 principal administrative capacity performed in an educational
27 institution while in the employ of an educational service
28 agency are denied to any individual under the provisions of
29 subparagraph (a) of paragraph 4 of subsection B and such
30 individual is not offered a bona fide opportunity to perform
31 such services in an educational institution while in the employ
32 of an educational service agency for the second of such
33 academic years or terms, such individual shall be entitled to a
34 retroactive payment of benefits for each week for which the
35 individual filed a timely claim for benefits as determined by
36 the rules and regulations issued by the Director for the filing

 

 

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1 of claims for benefits, provided that such benefits were denied
2 solely because of subparagraph (a) of paragraph 4 of subsection
3 B of this Section.
4     D. This amendatory Act of the 93rd General Assembly applies
5 to weeks beginning on or after January 2, 2005.
6     E. As used in this Section, "educational service agency"
7 means a governmental agency or governmental entity which is
8 established and operated exclusively for the purpose of
9 providing such services to one or more educational
10 institutions.
11 (Source: P.A. 87-1178.)