97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3579

 

Introduced 2/24/2011, by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/401  from Ch. 48, par. 401
820 ILCS 405/1501.1  from Ch. 48, par. 571.1

    Amends the Unemployment Insurance Act. Provides that, with respect to any week beginning prior to January 1, 2011, an individual's weekly benefit amount shall be an amount equal to the weekly benefit amount as defined at the time of the effective date of this amendatory Act. Deletes or changes numerous provisions relating to benefit amounts, dependents' allowances, and benefit charges. Changes definitions. Makes other changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3579LRB097 05459 AEK 45518 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Sections 401 and 1501.1 as follows:
 
6    (820 ILCS 405/401)  (from Ch. 48, par. 401)
7    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
8    A. With respect to any week beginning prior to January 1,
92011 April 24, 1983, an individual's weekly benefit amount
10shall be an amount equal to the weekly benefit amount as
11defined in this Act at the time of the effective date of this
12amendatory Act of the 97th General Assembly as in effect on
13November 30, 1982.
14    B. 1. With respect to any week beginning on or after April
1524, 1983 and before January 3, 1988, an individual's weekly
16benefit amount shall be 48% of his prior average weekly wage,
17rounded (if not already a multiple of one dollar) to the next
18higher dollar; provided, however, that the weekly benefit
19amount cannot exceed the maximum weekly benefit amount, and
20cannot be less than 15% of the statewide average weekly wage,
21rounded (if not already a multiple of one dollar) to the next
22higher dollar. However, the weekly benefit amount for an
23individual who has established a benefit year beginning before

 

 

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1April 24, 1983, shall be determined, for weeks beginning on or
2after April 24, 1983 claimed with respect to that benefit year,
3as provided under this Act as in effect on November 30, 1982.
4With respect to any week beginning on or after January 3, 1988
5and before January 1, 1993, an individual's weekly benefit
6amount shall be 49% of his prior average weekly wage, rounded
7(if not already a multiple of one dollar) to the next higher
8dollar; provided, however, that the weekly benefit amount
9cannot exceed the maximum weekly benefit amount, and cannot be
10less than $51. With respect to any week beginning on or after
11January 3, 1993 and during a benefit year beginning before
12January 4, 2004, an individual's weekly benefit amount shall be
1349.5% of his prior average weekly wage, rounded (if not already
14a multiple of one dollar) to the next higher dollar; provided,
15however, that the weekly benefit amount cannot exceed the
16maximum weekly benefit amount and cannot be less than $51. With
17respect to any benefit year beginning on or after January 4,
182004 and before January 6, 2008, an individual's weekly benefit
19amount shall be 48% of his or her prior average weekly wage,
20rounded (if not already a multiple of one dollar) to the next
21higher dollar; provided, however, that the weekly benefit
22amount cannot exceed the maximum weekly benefit amount and
23cannot be less than $51. With respect to any benefit year
24beginning on or after January 6, 2008, an individual's weekly
25benefit amount shall be 47% of his or her prior average weekly
26wage, rounded (if not already a multiple of one dollar) to the

 

 

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1next higher dollar; provided, however, that the weekly benefit
2amount cannot exceed the maximum weekly benefit amount and
3cannot be less than $51.
4    2. For the purposes of this subsection:
5    With respect to any week beginning on or after April 24,
61983, an An individual's "prior average weekly wage" means the
7total wages for insured work paid to that individual during the
82 calendar quarters of his base period in which such total
9wages were highest, divided by 26. If the quotient is not
10already a multiple of one dollar, it shall be rounded to the
11nearest dollar; however if the quotient is equally near 2
12multiples of one dollar, it shall be rounded to the higher
13multiple of one dollar.
14    "Determination date" means June 1, 1982, December 1, 1982
15and December 1 of each succeeding calendar year thereafter.
16However, if as of June 30, 1982, or any June 30 thereafter, the
17net amount standing to the credit of this State's account in
18the unemployment trust fund (less all outstanding advances to
19that account, including advances pursuant to Title XII of the
20federal Social Security Act) is greater than $100,000,000,
21"determination date" shall mean December 1 of that year and
22June 1 of the succeeding year. Notwithstanding the preceding
23sentence, for the purposes of this Act only, there shall be no
24June 1 determination date in any year after 1986.
25    "Determination period" means, with respect to each June 1
26determination date, the 12 consecutive calendar months ending

 

 

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1on the immediately preceding December 31 and, with respect to
2each December 1 determination date, the 12 consecutive calendar
3months ending on the immediately preceding June 30.
4    "Benefit period" means the 12 consecutive calendar month
5period beginning on the first day of the first calendar month
6immediately following a determination date, except that, with
7respect to any calendar year in which there is a June 1
8determination date, "benefit period" shall mean the 6
9consecutive calendar month period beginning on the first day of
10the first calendar month immediately following the preceding
11December 1 determination date and the 6 consecutive calendar
12month period beginning on the first day of the first calendar
13month immediately following the June 1 determination date.
14Notwithstanding the foregoing sentence, the 6 calendar months
15beginning January 1, 1982 and ending June 30, 1982 shall be
16deemed a benefit period with respect to which the determination
17date shall be June 1, 1981.
18    "Gross wages" means all the wages paid to individuals
19during the determination period immediately preceding a
20determination date for insured work, and reported to the
21Director by employers prior to the first day of the third
22calendar month preceding that date.
23    "Covered employment" for any calendar month means the total
24number of individuals, as determined by the Director, engaged
25in insured work at mid-month.
26    "Average monthly covered employment" means one-twelfth of

 

 

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1the sum of the covered employment for the 12 months of a
2determination period.
3    "Statewide average annual wage" means the quotient,
4obtained by dividing gross wages by average monthly covered
5employment for the same determination period, rounded (if not
6already a multiple of one cent) to the nearest cent.
7    "Statewide average weekly wage" means the quotient,
8obtained by dividing the statewide average annual wage by 52,
9rounded (if not already a multiple of one cent) to the nearest
10cent. Notwithstanding any provisions of this Section to the
11contrary, the statewide average weekly wage for the benefit
12period beginning July 1, 1982 and ending December 31, 1982
13shall be the statewide average weekly wage in effect for the
14immediately preceding benefit period plus one-half of the
15result obtained by subtracting the statewide average weekly
16wage for the immediately preceding benefit period from the
17statewide average weekly wage for the benefit period beginning
18July 1, 1982 and ending December 31, 1982 as such statewide
19average weekly wage would have been determined but for the
20provisions of this paragraph. Notwithstanding any provisions
21of this Section to the contrary, the statewide average weekly
22wage for the benefit period beginning April 24, 1983 and ending
23January 31, 1984 shall be $321 and for the benefit period
24beginning February 1, 1984 and ending December 31, 1986 shall
25be $335, and for the benefit period beginning January 1, 1987,
26and ending December 31, 1987, shall be $350, except that for an

 

 

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1individual who has established a benefit year beginning before
2April 24, 1983, the statewide average weekly wage used in
3determining benefits, for any week beginning on or after April
424, 1983, claimed with respect to that benefit year, shall be
5$334.80, except that, for the purpose of determining the
6minimum weekly benefit amount under subsection B(1) for the
7benefit period beginning January 1, 1987, and ending December
831, 1987, the statewide average weekly wage shall be $335; for
9the benefit periods January 1, 1988 through December 31, 1988,
10January 1, 1989 through December 31, 1989, and January 1, 1990
11through December 31, 1990, the statewide average weekly wage
12shall be $359, $381, and $406, respectively. Notwithstanding
13the preceding sentences of this paragraph, for the benefit
14period of calendar year 1991, the statewide average weekly wage
15shall be $406 plus (or minus) an amount equal to the percentage
16change in the statewide average weekly wage, as computed in
17accordance with the preceding sentences of this paragraph,
18between the benefit periods of calendar years 1989 and 1990,
19multiplied by $406; and, for the benefit periods of calendar
20years 1992 through 2003 and calendar year 2011 2005 and each
21calendar year thereafter, the statewide average weekly wage,
22shall be the statewide average weekly wage, as determined in
23accordance with this sentence as in effect at the time of the
24effective date of this amendatory Act of the 97th General
25Assembly, for the immediately preceding benefit period plus (or
26minus) an amount equal to the percentage change in the

 

 

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1statewide average weekly wage, as computed in accordance with
2the preceding sentences of this paragraph, between the 2
3immediately preceding benefit periods, multiplied by the
4statewide average weekly wage, as determined in accordance with
5this sentence, for the immediately preceding benefit period.
6However, for purposes of the Workers' Compensation Act, the
7statewide average weekly wage will be computed using June 1 and
8December 1 determination dates of each calendar year and such
9determination shall not be subject to the limitation of $321,
10$335, $350, $359, $381, $406 or the statewide average weekly
11wage as computed in accordance with the preceding sentence of
12this paragraph.
13    With respect to any week beginning on or after April 24,
141983 and before January 3, 1988, "maximum weekly benefit
15amount" means 48% of the statewide average weekly wage, rounded
16(if not already a multiple of one dollar) to the nearest
17dollar, provided however, that the maximum weekly benefit
18amount for an individual who has established a benefit year
19beginning before April 24, 1983, shall be determined, for weeks
20beginning on or after April 24, 1983 claimed with respect to
21that benefit year, as provided under this Act as amended and in
22effect on November 30, 1982, except that the statewide average
23weekly wage used in such determination shall be $334.80.
24    With respect to any week beginning after January 2, 1988
25and before January 1, 1993, "maximum weekly benefit amount"
26with respect to each week beginning within a benefit period

 

 

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1means 49% of the statewide average weekly wage, rounded (if not
2already a multiple of one dollar) to the next higher dollar.
3    With respect to any week beginning on or after January 3,
41993 and during a benefit year beginning before January 4,
52004, "maximum weekly benefit amount" with respect to each week
6beginning within a benefit period means 49.5% of the statewide
7average weekly wage, rounded (if not already a multiple of one
8dollar) to the next higher dollar.
9    With respect to any benefit year beginning on or after
10January 4, 2004 and before January 6, 2008, "maximum weekly
11benefit amount" with respect to each week beginning within a
12benefit period means 48% of the statewide average weekly wage,
13rounded (if not already a multiple of one dollar) to the next
14higher dollar.
15    With respect to any benefit year beginning on or after
16January 6, 2008, "maximum weekly benefit amount" with respect
17to each week beginning within a benefit period means 47% of the
18statewide average weekly wage, rounded (if not already a
19multiple of one dollar) to the next higher dollar.
20    C. With respect to any week beginning on or after April 24,
211983 and before January 3, 1988, an individual to whom benefits
22are payable with respect to any week shall, in addition to such
23benefits, be paid, with respect to such week, as follows: in
24the case of an individual with a nonworking spouse, 7% of his
25prior average weekly wage, rounded (if not already a multiple
26of one dollar) to the higher dollar; provided, that the total

 

 

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1amount payable to the individual with respect to a week shall
2not exceed 55% of the statewide average weekly wage, rounded
3(if not already a multiple of one dollar) to the nearest
4dollar; and in the case of an individual with a dependent child
5or dependent children, 14.4% of his prior average weekly wage,
6rounded (if not already a multiple of one dollar) to the higher
7dollar; provided, that the total amount payable to the
8individual with respect to a week shall not exceed 62.4% of the
9statewide average weekly wage, rounded (if not already a
10multiple of one dollar) to the next higher dollar with respect
11to the benefit period beginning January 1, 1987 and ending
12December 31, 1987, and otherwise to the nearest dollar.
13However, for an individual with a nonworking spouse or with a
14dependent child or children who has established a benefit year
15beginning before April 24, 1983, the amount of additional
16benefits payable on account of the nonworking spouse or
17dependent child or children shall be determined, for weeks
18beginning on or after April 24, 1983 claimed with respect to
19that benefit year, as provided under this Act as in effect on
20November 30, 1982, except that the statewide average weekly
21wage used in such determination shall be $334.80.
22    With respect to any week beginning on or after January 2,
231988 and before January 1, 1991 and any week beginning on or
24after January 1, 1992, and before January 1, 1993, an
25individual to whom benefits are payable with respect to any
26week shall, in addition to those benefits, be paid, with

 

 

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1respect to such week, as follows: in the case of an individual
2with a nonworking spouse, 8% of his prior average weekly wage,
3rounded (if not already a multiple of one dollar) to the next
4higher dollar, provided, that the total amount payable to the
5individual with respect to a week shall not exceed 57% of the
6statewide average weekly wage, rounded (if not already a
7multiple of one dollar) to the next higher dollar; and in the
8case of an individual with a dependent child or dependent
9children, 15% of his prior average weekly wage, rounded (if not
10already a multiple of one dollar) to the next higher dollar,
11provided that the total amount payable to the individual with
12respect to a week shall not exceed 64% of the statewide average
13weekly wage, rounded (if not already a multiple of one dollar)
14to the next higher dollar.
15    With respect to any week beginning on or after January 1,
161991 and before January 1, 1992, an individual to whom benefits
17are payable with respect to any week shall, in addition to the
18benefits, be paid, with respect to such week, as follows: in
19the case of an individual with a nonworking spouse, 8.3% of his
20prior average weekly wage, rounded (if not already a multiple
21of one dollar) to the next higher dollar, provided, that the
22total amount payable to the individual with respect to a week
23shall not exceed 57.3% of the statewide average weekly wage,
24rounded (if not already a multiple of one dollar) to the next
25higher dollar; and in the case of an individual with a
26dependent child or dependent children, 15.3% of his prior

 

 

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1average weekly wage, rounded (if not already a multiple of one
2dollar) to the next higher dollar, provided that the total
3amount payable to the individual with respect to a week shall
4not exceed 64.3% of the statewide average weekly wage, rounded
5(if not already a multiple of one dollar) to the next higher
6dollar.
7    With respect to any week beginning on or after January 3,
81993, during a benefit year beginning before January 4, 2004,
9an individual to whom benefits are payable with respect to any
10week shall, in addition to those benefits, be paid, with
11respect to such week, as follows: in the case of an individual
12with a nonworking spouse, 9% of his prior average weekly wage,
13rounded (if not already a multiple of one dollar) to the next
14higher dollar, provided, that the total amount payable to the
15individual with respect to a week shall not exceed 58.5% of the
16statewide average weekly wage, rounded (if not already a
17multiple of one dollar) to the next higher dollar; and in the
18case of an individual with a dependent child or dependent
19children, 16% of his prior average weekly wage, rounded (if not
20already a multiple of one dollar) to the next higher dollar,
21provided that the total amount payable to the individual with
22respect to a week shall not exceed 65.5% of the statewide
23average weekly wage, rounded (if not already a multiple of one
24dollar) to the next higher dollar.
25    With respect to any benefit year beginning on or after
26January 4, 2004 and before January 6, 2008, an individual to

 

 

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1whom benefits are payable with respect to any week shall, in
2addition to those benefits, be paid, with respect to such week,
3as follows: in the case of an individual with a nonworking
4spouse, 9% of his or her prior average weekly wage, rounded (if
5not already a multiple of one dollar) to the next higher
6dollar, provided, that the total amount payable to the
7individual with respect to a week shall not exceed 57% of the
8statewide average weekly wage, rounded (if not already a
9multiple of one dollar) to the next higher dollar; and in the
10case of an individual with a dependent child or dependent
11children, 17.2% of his or her prior average weekly wage,
12rounded (if not already a multiple of one dollar) to the next
13higher dollar, provided that the total amount payable to the
14individual with respect to a week shall not exceed 65.2% of the
15statewide average weekly wage, rounded (if not already a
16multiple of one dollar) to the next higher dollar.
17    With respect to any benefit year beginning on or after
18January 6, 2008 and before January 1, 2010, an individual to
19whom benefits are payable with respect to any week shall, in
20addition to those benefits, be paid, with respect to such week,
21as follows: in the case of an individual with a nonworking
22spouse, 9% of his or her prior average weekly wage, rounded (if
23not already a multiple of one dollar) to the next higher
24dollar, provided, that the total amount payable to the
25individual with respect to a week shall not exceed 56% of the
26statewide average weekly wage, rounded (if not already a

 

 

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1multiple of one dollar) to the next higher dollar; and in the
2case of an individual with a dependent child or dependent
3children, 18.2% of his or her prior average weekly wage,
4rounded (if not already a multiple of one dollar) to the next
5higher dollar, provided that the total amount payable to the
6individual with respect to a week shall not exceed 65.2% of the
7statewide average weekly wage, rounded (if not already a
8multiple of one dollar) to the next higher dollar.
9    The additional amount paid pursuant to this subsection in
10the case of an individual with a dependent child or dependent
11children shall be referred to as the "dependent child
12allowance", and the percentage rate by which an individual's
13prior average weekly wage is multiplied pursuant to this
14subsection to calculate the dependent child allowance shall be
15referred to as the "dependent child allowance rate".
16    With respect to any benefit year beginning on or after
17January 1, 2010, an individual to whom benefits are payable
18with respect to any week shall, in addition to those benefits,
19be paid, with respect to such week, as follows: in the case of
20an individual with a nonworking spouse, the greater of (i) 9%
21of his or her prior average weekly wage, rounded (if not
22already a multiple of one dollar) to the next higher dollar, or
23(ii) $15, provided that the total amount payable to the
24individual with respect to a week shall not exceed 56% of the
25statewide average weekly wage, rounded (if not already a
26multiple of one dollar) to the next higher dollar; and in the

 

 

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1case of an individual with a dependent child or dependent
2children, the greater of (i) the product of the dependent child
3allowance rate multiplied by his or her prior average weekly
4wage, rounded (if not already a multiple of one dollar) to the
5next higher dollar, or (ii) the lesser of $50 or 50% of his or
6her weekly benefit amount, rounded (if not already a multiple
7of one dollar) to the next higher dollar, provided that the
8total amount payable to the individual with respect to a week
9shall not exceed the product of the statewide average weekly
10wage multiplied by the sum of 47% plus the dependent child
11allowance rate, rounded (if not already a multiple of one
12dollar) to the next higher dollar.
13    With respect to each benefit year beginning after calendar
14year 2009, the dependent child allowance rate shall be the sum
15of the allowance adjustment applicable pursuant to Section
161400.1 to the calendar year in which the benefit year begins,
17plus the dependent child allowance rate with respect to each
18benefit year beginning in the immediately preceding calendar
19year, except as otherwise provided in this subsection. The
20dependent child allowance rate with respect to each benefit
21year beginning in calendar year 2010 shall not be greater than
2218.2%. The dependent child allowance rate with respect to each
23benefit year beginning in calendar year 2011 shall be reduced
24by 0.2% absolute below the rate it would otherwise have been
25pursuant to this subsection and, with respect to each benefit
26year beginning after calendar year 2010, except as otherwise

 

 

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1provided, shall not be less than 17.1% or greater than 18.0%.
2Unless, as a result of this sentence, the agreement between the
3Federal Government and State regarding the Federal Additional
4Compensation program established under Section 2002 of the
5American Recovery and Reinvestment Act, or a successor program,
6would not apply or would cease to apply, the dependent child
7allowance rate with respect to each benefit year beginning in
8calendar year 2012 shall be reduced by 0.1% absolute below the
9rate it would otherwise have been pursuant to this subsection
10and, with respect to each benefit year beginning after calendar
11year 2011, shall not be less than 17.0% or greater than 17.9%.
12    For the purposes of this subsection:
13    "Dependent" means a child or a nonworking spouse.
14    "Child" means a natural child, stepchild, or adopted child
15of an individual claiming benefits under this Act or a child
16who is in the custody of any such individual by court order,
17for whom the individual is supplying and, for at least 90
18consecutive days (or for the duration of the parental
19relationship if it has existed for less than 90 days)
20immediately preceding any week with respect to which the
21individual has filed a claim, has supplied more than one-half
22the cost of support, or has supplied at least 1/4 of the cost
23of support if the individual and the other parent, together,
24are supplying and, during the aforesaid period, have supplied
25more than one-half the cost of support, and are, and were
26during the aforesaid period, members of the same household; and

 

 

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1who, on the first day of such week (a) is under 18 years of age,
2or (b) is, and has been during the immediately preceding 90
3days, unable to work because of illness or other disability:
4provided, that no person who has been determined to be a child
5of an individual who has been allowed benefits with respect to
6a week in the individual's benefit year shall be deemed to be a
7child of the other parent, and no other person shall be
8determined to be a child of such other parent, during the
9remainder of that benefit year.
10    "Nonworking spouse" means the lawful husband or wife of an
11individual claiming benefits under this Act, for whom more than
12one-half the cost of support has been supplied by the
13individual for at least 90 consecutive days (or for the
14duration of the marital relationship if it has existed for less
15than 90 days) immediately preceding any week with respect to
16which the individual has filed a claim, but only if the
17nonworking spouse is currently ineligible to receive benefits
18under this Act by reason of the provisions of Section 500E.
19    An individual who was obligated by law to provide for the
20support of a child or of a nonworking spouse for the aforesaid
21period of 90 consecutive days, but was prevented by illness or
22injury from doing so, shall be deemed to have provided more
23than one-half the cost of supporting the child or nonworking
24spouse for that period.
25(Source: P.A. 96-30, eff. 6-30-09.)
 

 

 

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1    (820 ILCS 405/1501.1)  (from Ch. 48, par. 571.1)
2    Sec. 1501.1. Benefit charges. A. When an individual is paid
3regular benefits with respect to a week in a benefit year which
4begins on or after July 1, 1989, an amount equal to such
5regular benefits, including dependents' allowances, shall
6immediately become benefit charges.
7    B. (Blank). When an individual is paid regular benefits on
8or after July 1, 1989, with respect to a week in a benefit year
9which began prior to July 1, 1989, an amount equal to such
10regular benefits, including dependents' allowances, shall
11immediately become benefit charges.
12    C. When an individual is paid extended benefits with
13respect to any week in his eligibility period beginning in a
14benefit year which begins on or after July 1, 1989, an amount
15equal to one-half of such extended benefits including
16dependents' allowances, shall immediately become benefit
17charges.
18    D. (Blank). When an individual is paid extended benefits on
19or after July 1, 1989, with respect to any week in his
20eligibility period beginning in a benefit year which began
21prior to July 1, 1989, an amount equal to one-half of such
22extended benefits including dependents' allowances, shall
23immediately become benefit charges.
24    E. Notwithstanding the foregoing subsections, the payment
25of benefits shall not become benefit charges if, by reason of
26the application of subsection B the third paragraph of Section

 

 

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1237, he is paid benefits based upon wages other than those paid
2in a base period as defined in subsections A and C the second
3paragraph of Section 237.
4    F. (Blank). Notwithstanding the foregoing subsections, the
5payment of regular or extended benefits on or after July 1,
61989, with respect to a week in a benefit year which began
7prior to July 1, 1989, shall not become benefit charges under
8subsections B and D above where such benefit charges, had they
9been benefit wages under Section 1501, would have been subject
10to transfer under subsection F of Section 1501.
11    G. (Blank). Notwithstanding any other provision of this
12Act, the benefit charges with respect to the payment of regular
13or extended benefits on or after July 1, 1989, with respect to
14a week in a benefit year which began prior to July 1, 1989,
15shall not exceed the difference between the base period wages
16paid with respect to that benefit year and the wages which
17became benefit wages with respect to that same benefit year
18(not including any benefit wages transferred pursuant to
19subsection F of Section 1501), provided that any change after
20September 30, 1989, in either base period wages or wages which
21became benefit wages as a result of benefit payments made prior
22to July 1, 1989 shall not affect such benefit charges.
23    H. For the purposes of this Section and of Section 1504,
24benefits shall be deemed to have been paid on the date such
25payment has been mailed to the individual by the Director.
26(Source: P.A. 85-956.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.