98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5509

 

Introduced , by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/1502.1  from Ch. 48, par. 572.1

    Amends provisions of the Unemployment Insurance Act concerning an employer's benefit charges. Provides that an employer is not regarded as having caused a claimant to become unemployed by reduction of work offered if: the claimant performed services for the employer in each of the 6 weeks immediately preceding the claimant's current benefit year and those services did not result in the claimant ceasing to be an unemployed individual, and the claimant performed services for the employer in each week of the claimant's current benefit year and those services did not result in the claimant ceasing to be an unemployed individual for more than 2 weeks during the claimant's current benefit year.


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A BILL FOR

 

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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 Section 1502.1 as follows:
 
6    (820 ILCS 405/1502.1)  (from Ch. 48, par. 572.1)
7    Sec. 1502.1. Employer's benefit charges.
8    A. Benefit charges which result from payments to any
9claimant made on or after July 1, 1989 shall be charged:
10        1. For benefit years beginning prior to July 1, 1989,
11    to each employer who paid wages to the claimant during his
12    base period;
13        2. For benefit years beginning on or after July 1, 1989
14    but before January 1, 1993, to the later of:
15            a. the last employer prior to the beginning of the
16        claimant's benefit year:
17                i. from whom the claimant was separated or who,
18            by reduction of work offered, caused the claimant
19            to become unemployed as defined in Section 239,
20            and,
21                ii. for whom the claimant performed services
22            in employment, on each of 30 days whether or not
23            such days are consecutive, provided that the wages

 

 

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1            for such services were earned during the period
2            from the beginning of the claimant's base period to
3            the beginning of the claimant's benefit year; but
4            that employer shall not be charged if:
5                    (1) the claimant's last separation from
6                that employer was a voluntary leaving without
7                good cause, as the term is used in Section 601A
8                or under the circumstances described in
9                paragraphs 1 and 2 of Section 601B; or
10                    (2) the claimant's last separation from
11                that employer was a discharge for misconduct or
12                a felony or theft connected with his work from
13                that employer, as these terms are used in
14                Section 602; or
15                    (3) after his last separation from that
16                employer, prior to the beginning of his benefit
17                year, the claimant refused to accept an offer
18                of or to apply for suitable work from that
19                employer without good cause, as these terms are
20                used in Section 603; or
21                    (4) the claimant, following his last
22                separation from that employer, prior to the
23                beginning of his benefit year, is ineligible or
24                would have been ineligible under Section 612 if
25                he has or had had base period wages from the
26                employers to which that Section applies; or

 

 

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1                    (5) the claimant subsequently performed
2                services for at least 30 days for an individual
3                or organization which is not an employer
4                subject to this Act; or
5            b. the single employer who pays wages to the
6        claimant that allow him to requalify for benefits after
7        disqualification under Section 601, 602 or 603, if:
8                i. the disqualifying event occurred prior to
9            the beginning of the claimant's benefit year, and
10                ii. the requalification occurred after the
11            beginning of the claimant's benefit year, and
12                iii. even if the 30 day requirement given in
13            this paragraph is not satisfied; but
14                iv. the requalifying employer shall not be
15            charged if the claimant is held ineligible with
16            respect to that requalifying employer under
17            Section 601, 602 or 603.
18        3. For benefit years beginning on or after January 1,
19    1993, with respect to each week for which benefits are
20    paid, to the later of:
21            a. the last employer:
22                i. from whom the claimant was separated or who,
23            by reduction of work offered, caused the claimant
24            to become unemployed as defined in Section 239, and
25                ii. for whom the claimant performed services
26            in employment, on each of 30 days whether or not

 

 

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1            such days are consecutive, provided that the wages
2            for such services were earned since the beginning
3            of the claimant's base period; but that employer
4            shall not be charged if:
5                    (1) the claimant's separation from that
6                employer was a voluntary leaving without good
7                cause, as the term is used in Section 601A or
8                under the circumstances described in
9                paragraphs 1, 2, and 6 of Section 601B; or
10                    (2) the claimant's separation from that
11                employer was a discharge for misconduct or a
12                felony or theft connected with his work from
13                that employer, as these terms are used in
14                Section 602; or
15                    (3) the claimant refused to accept an
16                offer of or to apply for suitable work from
17                that employer without good cause, as these
18                terms are used in Section 603 (but only for
19                weeks following the refusal of work); or
20                    (4) the claimant subsequently performed
21                services for at least 30 days for an individual
22                or organization which is not an employer
23                subject to this Act; or
24                    (5) the claimant, following his separation
25                from that employer, is ineligible or would have
26                been ineligible under Section 612 if he has or

 

 

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1                had had base period wages from the employers to
2                which that Section applies (but only for the
3                period of ineligibility or potential
4                ineligibility); or
5            b. the single employer who pays wages to the
6        claimant that allow him to requalify for benefits after
7        disqualification under Section 601, 602, or 603, even
8        if the 30 day requirement given in this paragraph is
9        not satisfied; but the requalifying employer shall not
10        be charged if the claimant is held ineligible with
11        respect to that requalifying employer under Section
12        601, 602, or 603.
13    B. Whenever a claimant is ineligible pursuant to Section
14614 on the basis of wages paid during his base period, any days
15on which such wages were earned shall not be counted in
16determining whether that claimant performed services during at
17least 30 days for the employer that paid such wages as required
18by paragraphs 2 and 3 of subsection A.
19    C. If no employer meets the requirements of paragraph 2 or
203 of subsection A, then no employer will be chargeable for any
21benefit charges which result from the payment of benefits to
22the claimant for that benefit year.
23    D. Notwithstanding the preceding provisions of this
24Section, no employer shall be chargeable for any benefit
25charges which result from the payment of benefits to any
26claimant after the effective date of this amendatory Act of

 

 

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11992 where the claimant's separation from that employer
2occurred as a result of his detention, incarceration, or
3imprisonment under State, local, or federal law.
4    D-1. Notwithstanding any other provision of this Act,
5including those affecting finality of benefit charges or rates,
6an employer shall not be chargeable for any benefit charges
7which result from the payment of benefits to an individual for
8any week of unemployment after January 1, 2003, during the
9period that the employer's business is closed solely because of
10the entrance of the employer, one or more of the partners or
11officers of the employer, or the majority stockholder of the
12employer into active duty in the Illinois National Guard or the
13Armed Forces of the United States.
14    D-2. For purposes of subparagraph a of paragraph 3 of
15subsection A, with respect to benefit years beginning on and
16after the effective date of this amendatory Act of the 98th
17General Assembly, an employer shall not be regarded as having
18caused a claimant to become unemployed by reduction of work
19offered if (1) the claimant performed services for the employer
20in each of the 6 weeks immediately preceding the claimant's
21current benefit year and those services did not result in the
22claimant ceasing to be an unemployed individual, as defined in
23Section 239, based upon the weekly benefit amount for the
24claimant's current benefit year; and (2) the claimant has
25performed services for the employer in each week of the
26claimant's current benefit year and those services did not

 

 

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1result in the claimant ceasing to be an unemployed individual,
2as defined in Section 239, for more than 2 weeks during the
3claimant's current benefit year.
4    E. For the purposes of Sections 302, 409, 701, 1403, 1404,
51405 and 1508.1, last employer means the employer that:
6        1. is charged for benefit payments which become benefit
7    charges under this Section, or
8        2. would have been liable for such benefit charges if
9    it had not elected to make payments in lieu of
10    contributions.
11(Source: P.A. 93-634, eff. 1-1-04; 93-1012, eff. 8-24-04;
1294-152, eff. 7-8-05.)