Illinois General Assembly - Full Text of HB1285
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Full Text of HB1285  99th General Assembly

HB1285sam002 99TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 11/10/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1285

2    AMENDMENT NO. ______. Amend House Bill 1285 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unemployment Insurance Act is amended by
5changing Sections 401, 403, 602, 611, 1505, and 1506.6 as
6follows:
 
7    (820 ILCS 405/401)  (from Ch. 48, par. 401)
8    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
9    A. With respect to any week beginning in a benefit year
10beginning prior to January 4, 2004, an individual's weekly
11benefit amount shall be an amount equal to the weekly benefit
12amount as defined in the provisions of this Act as amended and
13in effect on November 18, 2011.
14    B. 1. With respect to any benefit year beginning on or
15after January 4, 2004 and before January 6, 2008, an
16individual's weekly benefit amount shall be 48% of his or her

 

 

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1prior average weekly wage, rounded (if not already a multiple
2of one dollar) to the next higher dollar; provided, however,
3that the weekly benefit amount cannot exceed the maximum weekly
4benefit amount and cannot be less than $51. Except as otherwise
5provided in this Section, with respect to any benefit year
6beginning on or after January 6, 2008, an individual's weekly
7benefit amount shall be 47% of his or her prior average weekly
8wage, rounded (if not already a multiple of one dollar) to the
9next higher dollar; provided, however, that the weekly benefit
10amount cannot exceed the maximum weekly benefit amount and
11cannot be less than $51. With respect to any benefit year
12beginning in calendar year 2016, an individual's weekly benefit
13amount shall be 42.8% of his or her prior average weekly wage,
14rounded (if not already a multiple of one dollar) to the next
15higher dollar; provided, however, that the weekly benefit
16amount cannot exceed the maximum weekly benefit amount and
17cannot be less than $51. With respect to any benefit year
18beginning in calendar year 2018, an individual's weekly benefit
19amount shall be 42.9% 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.
24    2. For the purposes of this subsection:
25    An individual's "prior average weekly wage" means the total
26wages for insured work paid to that individual during the 2

 

 

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1calendar quarters of his base period in which such total wages
2were highest, divided by 26. If the quotient is not already a
3multiple of one dollar, it shall be rounded to the nearest
4dollar; however if the quotient is equally near 2 multiples of
5one dollar, it shall be rounded to the higher multiple of one
6dollar.
7    "Determination date" means June 1 and December 1 of each
8calendar year except that, for the purposes of this Act only,
9there shall be no June 1 determination date in any year.
10    "Determination period" means, with respect to each June 1
11determination date, the 12 consecutive calendar months ending
12on the immediately preceding December 31 and, with respect to
13each December 1 determination date, the 12 consecutive calendar
14months ending on the immediately preceding June 30.
15    "Benefit period" means the 12 consecutive calendar month
16period beginning on the first day of the first calendar month
17immediately following a determination date, except that, with
18respect to any calendar year in which there is a June 1
19determination date, "benefit period" shall mean the 6
20consecutive calendar month period beginning on the first day of
21the first calendar month immediately following the preceding
22December 1 determination date and the 6 consecutive calendar
23month period beginning on the first day of the first calendar
24month immediately following the June 1 determination date.
25    "Gross wages" means all the wages paid to individuals
26during the determination period immediately preceding a

 

 

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1determination date for insured work, and reported to the
2Director by employers prior to the first day of the third
3calendar month preceding that date.
4    "Covered employment" for any calendar month means the total
5number of individuals, as determined by the Director, engaged
6in insured work at mid-month.
7    "Average monthly covered employment" means one-twelfth of
8the sum of the covered employment for the 12 months of a
9determination period.
10    "Statewide average annual wage" means the quotient,
11obtained by dividing gross wages by average monthly covered
12employment for the same determination period, rounded (if not
13already a multiple of one cent) to the nearest cent.
14    "Statewide average weekly wage" means the quotient,
15obtained by dividing the statewide average annual wage by 52,
16rounded (if not already a multiple of one cent) to the nearest
17cent. Notwithstanding any provision of this Section to the
18contrary, the statewide average weekly wage for any benefit
19period prior to calendar year 2012 shall be as determined by
20the provisions of this Act as amended and in effect on November
2118, 2011. Notwithstanding any provisions of this Section to the
22contrary, the statewide average weekly wage for the benefit
23period of calendar year 2012 shall be $856.55 and for each
24calendar year thereafter, the statewide average weekly wage
25shall be the statewide average weekly wage, as determined in
26accordance with this sentence, for the immediately preceding

 

 

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1benefit period plus (or minus) an amount equal to the
2percentage change in the statewide average weekly wage, as
3computed in accordance with the first sentence of this
4paragraph, between the 2 immediately preceding benefit
5periods, multiplied by the statewide average weekly wage, as
6determined in accordance with this sentence, for the
7immediately preceding benefit period. However, for purposes of
8the Workers' Compensation Act, the statewide average weekly
9wage will be computed using June 1 and December 1 determination
10dates of each calendar year and such determination shall not be
11subject to the limitation of the statewide average weekly wage
12as computed in accordance with the preceding sentence of this
13paragraph.
14    With respect to any week beginning in a benefit year
15beginning prior to January 4, 2004, "maximum weekly benefit
16amount" with respect to each week beginning within a benefit
17period shall be as defined in the provisions of this Act as
18amended and in effect on November 18, 2011.
19    With respect to any benefit year beginning on or after
20January 4, 2004 and before January 6, 2008, "maximum weekly
21benefit amount" with respect to each week beginning within a
22benefit period means 48% of the statewide average weekly wage,
23rounded (if not already a multiple of one dollar) to the next
24higher dollar.
25    Except as otherwise provided in this Section, with respect
26to any benefit year beginning on or after January 6, 2008,

 

 

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1"maximum weekly benefit amount" with respect to each week
2beginning within a benefit period means 47% of the statewide
3average weekly wage, rounded (if not already a multiple of one
4dollar) to the next higher dollar.
5    With respect to any benefit year beginning in calendar year
62016, "maximum weekly benefit amount" with respect to each week
7beginning within a benefit period means 42.8% of the statewide
8average weekly wage, rounded (if not already a multiple of one
9dollar) to the next higher dollar.
10    With respect to any benefit year beginning in calendar year
112018, "maximum weekly benefit amount" with respect to each week
12beginning within a benefit period means 42.9% of the statewide
13average weekly wage, rounded (if not already a multiple of one
14dollar) to the next higher dollar.
15    C. With respect to any week beginning in a benefit year
16beginning prior to January 4, 2004, an individual's eligibility
17for a dependent allowance with respect to a nonworking spouse
18or one or more dependent children shall be as defined by the
19provisions of this Act as amended and in effect on November 18,
202011.
21    With respect to any benefit year beginning on or after
22January 4, 2004 and before January 6, 2008, an individual to
23whom benefits are payable with respect to any week shall, in
24addition to those benefits, be paid, with respect to such week,
25as follows: in the case of an individual with a nonworking
26spouse, 9% of his or her prior average weekly wage, rounded (if

 

 

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1not already a multiple of one dollar) to the next higher
2dollar, provided, that the total amount payable to the
3individual with respect to a week shall not exceed 57% of the
4statewide average weekly wage, rounded (if not already a
5multiple of one dollar) to the next higher dollar; and in the
6case of an individual with a dependent child or dependent
7children, 17.2% of his or her prior average weekly wage,
8rounded (if not already a multiple of one dollar) to the next
9higher dollar, provided that the total amount payable to the
10individual with respect to a week shall not exceed 65.2% of the
11statewide average weekly wage, rounded (if not already a
12multiple of one dollar) to the next higher dollar.
13    With respect to any benefit year beginning on or after
14January 6, 2008 and before January 1, 2010, an individual to
15whom benefits are payable with respect to any week shall, in
16addition to those benefits, be paid, with respect to such week,
17as follows: in the case of an individual with a nonworking
18spouse, 9% of his or her prior average weekly wage, rounded (if
19not already a multiple of one dollar) to the next higher
20dollar, provided, that the total amount payable to the
21individual with respect to a week shall not exceed 56% of the
22statewide average weekly wage, rounded (if not already a
23multiple of one dollar) to the next higher dollar; and in the
24case of an individual with a dependent child or dependent
25children, 18.2% of his or her prior average weekly wage,
26rounded (if not already a multiple of one dollar) to the next

 

 

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

 

 

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1multiple of one dollar) to the next higher dollar, or (ii) the
2lesser of $50 or 50% of his or her weekly benefit amount,
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 the product
6of the statewide average weekly wage multiplied by the sum of
747% plus the dependent child allowance rate, rounded (if not
8already a multiple of one dollar) to the next higher dollar.
9    With respect to any benefit year beginning in calendar year
102016, an individual to whom benefits are payable with respect
11to any week shall, in addition to those benefits, be paid, with
12respect to such week, as follows: in the case of an individual
13with a nonworking spouse, the greater of (i) 9% of his or her
14prior average weekly wage, rounded (if not already a multiple
15of one dollar) to the next higher dollar, or (ii) $15, provided
16that the total amount payable to the individual with respect to
17a week shall not exceed 51.8% of the statewide average weekly
18wage, rounded (if not already a multiple of one dollar) to the
19next higher dollar; and in the case of an individual with a
20dependent child or dependent children, the greater of (i) the
21product of the dependent child allowance rate multiplied by his
22or her prior average weekly wage, rounded (if not already a
23multiple of one dollar) to the next higher dollar, or (ii) the
24lesser of $50 or 50% of his or her weekly benefit amount,
25rounded (if not already a multiple of one dollar) to the next
26higher dollar, provided that the total amount payable to the

 

 

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1individual with respect to a week shall not exceed the product
2of the statewide average weekly wage multiplied by the sum of
342.8% plus the dependent child allowance rate, rounded (if not
4already a multiple of one dollar) to the next higher dollar.
5    With respect to any benefit year beginning in calendar year
62018, an individual to whom benefits are payable with respect
7to any week shall, in addition to those benefits, be paid, with
8respect to such week, as follows: in the case of an individual
9with a nonworking spouse, the greater of (i) 9% of his or her
10prior average weekly wage, rounded (if not already a multiple
11of one dollar) to the next higher dollar, or (ii) $15, provided
12that the total amount payable to the individual with respect to
13a week shall not exceed 51.9% of the statewide average weekly
14wage, rounded (if not already a multiple of one dollar) to the
15next higher dollar; and in the case of an individual with a
16dependent child or dependent children, the greater of (i) the
17product of the dependent child allowance rate multiplied by his
18or her prior average weekly wage, rounded (if not already a
19multiple of one dollar) to the next higher dollar, or (ii) the
20lesser of $50 or 50% of his or her weekly benefit amount,
21rounded (if not already a multiple of one dollar) to the next
22higher dollar, provided that the total amount payable to the
23individual with respect to a week shall not exceed the product
24of the statewide average weekly wage multiplied by the sum of
2542.9% plus the dependent child allowance rate, rounded (if not
26already a multiple of one dollar) to the next higher dollar.

 

 

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1    With respect to each benefit year beginning after calendar
2year 2012, the dependent child allowance rate shall be the sum
3of the allowance adjustment applicable pursuant to Section
41400.1 to the calendar year in which the benefit year begins,
5plus the dependent child allowance rate with respect to each
6benefit year beginning in the immediately preceding calendar
7year, except as otherwise provided in this subsection. The
8dependent child allowance rate with respect to each benefit
9year beginning in calendar year 2010 shall be 17.9%. The
10dependent child allowance rate with respect to each benefit
11year beginning in calendar year 2011 shall be 17.4%. The
12dependent child allowance rate with respect to each benefit
13year beginning in calendar year 2012 shall be 17.0% and, with
14respect to each benefit year beginning after calendar year
152012, shall not be less than 17.0% or greater than 17.9%.
16    For the purposes of this subsection:
17    "Dependent" means a child or a nonworking spouse.
18    "Child" means a natural child, stepchild, or adopted child
19of an individual claiming benefits under this Act or a child
20who is in the custody of any such individual by court order,
21for whom the individual is supplying and, for at least 90
22consecutive days (or for the duration of the parental
23relationship if it has existed for less than 90 days)
24immediately preceding any week with respect to which the
25individual has filed a claim, has supplied more than one-half
26the cost of support, or has supplied at least 1/4 of the cost

 

 

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1of support if the individual and the other parent, together,
2are supplying and, during the aforesaid period, have supplied
3more than one-half the cost of support, and are, and were
4during the aforesaid period, members of the same household; and
5who, on the first day of such week (a) is under 18 years of age,
6or (b) is, and has been during the immediately preceding 90
7days, unable to work because of illness or other disability:
8provided, that no person who has been determined to be a child
9of an individual who has been allowed benefits with respect to
10a week in the individual's benefit year shall be deemed to be a
11child of the other parent, and no other person shall be
12determined to be a child of such other parent, during the
13remainder of that benefit year.
14    "Nonworking spouse" means the lawful husband or wife of an
15individual claiming benefits under this Act, for whom more than
16one-half the cost of support has been supplied by the
17individual for at least 90 consecutive days (or for the
18duration of the marital relationship if it has existed for less
19than 90 days) immediately preceding any week with respect to
20which the individual has filed a claim, but only if the
21nonworking spouse is currently ineligible to receive benefits
22under this Act by reason of the provisions of Section 500E.
23    An individual who was obligated by law to provide for the
24support of a child or of a nonworking spouse for the aforesaid
25period of 90 consecutive days, but was prevented by illness or
26injury from doing so, shall be deemed to have provided more

 

 

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1than one-half the cost of supporting the child or nonworking
2spouse for that period.
3(Source: P.A. 96-30, eff. 6-30-09; 97-621, eff. 11-18-11;
497-791, eff. 1-1-13.)
 
5    (820 ILCS 405/403)  (from Ch. 48, par. 403)
6    Sec. 403. Maximum total amount of benefits.)
7    A. With respect to any benefit year beginning prior to
8September 30, 1979, any otherwise eligible individual shall be
9entitled, during such benefit year, to a maximum total amount
10of benefits as shall be determined in the manner set forth in
11this Act as amended and in effect on November 9, 1977.
12    B. With respect to any benefit year beginning on or after
13September 30, 1979, except as otherwise provided in this
14Section, any otherwise eligible individual shall be entitled,
15during such benefit year, to a maximum total amount of benefits
16equal to 26 times his or her weekly benefit amount plus
17dependents' allowances, or to the total wages for insured work
18paid to such individual during the individual's base period,
19whichever amount is smaller. With respect to any benefit year
20beginning in calendar year 2012, any otherwise eligible
21individual shall be entitled, during such benefit year, to a
22maximum total amount of benefits equal to 25 times his or her
23weekly benefit amount plus dependents' allowances, or to the
24total wages for insured work paid to such individual during the
25individual's base period, whichever amount is smaller. If the

 

 

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1maximum amount includable as "wages" pursuant to Section 235 is
2$13,560 with respect to calendar year 2013, then, with respect
3to any benefit year beginning after March 31, 2013 and before
4April 1, 2014, any otherwise eligible individual shall be
5entitled, during such benefit year, to a maximum total amount
6of benefits equal to 25 times his or her weekly benefit amount
7plus dependents allowances, or to the total wages for insured
8work paid to such individual during the individual's base
9period, whichever amount is smaller. With respect to any
10benefit year beginning in calendar year 2016 or 2018, any
11otherwise eligible individual shall be entitled, during such
12benefit year, to a maximum total amount of benefits equal to 24
13times his or her weekly benefit amount plus dependents'
14allowances, or to the total wages for insured work paid to such
15individual during the individual's base period, whichever
16amount is smaller.
17(Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11.)
 
18    (820 ILCS 405/602)  (from Ch. 48, par. 432)
19    Sec. 602. Discharge for misconduct - Felony. A. An
20individual shall be ineligible for benefits for the week in
21which he has been discharged for misconduct connected with his
22work and, thereafter, until he has become reemployed and has
23had earnings equal to or in excess of his current weekly
24benefit amount in each of four calendar weeks which are either
25for services in employment, or have been or will be reported

 

 

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1pursuant to the provisions of the Federal Insurance
2Contributions Act by each employing unit for which such
3services are performed and which submits a statement certifying
4to that fact. The requalification requirements of the preceding
5sentence shall be deemed to have been satisfied, as of the date
6of reinstatement, if, subsequent to his discharge by an
7employing unit for misconduct connected with his work, such
8individual is reinstated by such employing unit. For purposes
9of this subsection, the term "misconduct" means the deliberate
10and willful violation of a reasonable rule or policy of the
11employing unit, governing the individual's behavior in
12performance of his work, provided such violation has harmed the
13employing unit or other employees or has been repeated by the
14individual despite a warning or other explicit instruction from
15the employing unit. The previous definition notwithstanding,
16"misconduct" shall include any of the following work-related
17circumstances:
18        1. Falsification of an employment application, or any
19    other documentation provided to the employer, to obtain
20    employment through subterfuge.
21        2. Failure to maintain licenses, registrations, and
22    certifications reasonably required by the employer, or
23    those that the individual is required to possess by law, to
24    perform his or her regular job duties, unless the failure
25    is not within the control of the individual.
26        3. Knowing, repeated violation of the attendance

 

 

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1    policies of the employer that are in compliance with State
2    and federal law following a written warning for an
3    attendance violation, unless the individual can
4    demonstrate that he or she has made a reasonable effort to
5    remedy the reason or reasons for the violations or that the
6    reason or reasons for the violations were out of the
7    individual's control. Attendance policies of the employer
8    shall be reasonable and provided to the individual in
9    writing, electronically, or via posting in the workplace.
10        4. Damaging the employer's property through conduct
11    that is grossly negligent.
12        5. Refusal to obey an employer's reasonable and lawful
13    instruction, unless the refusal is due to the lack of
14    ability, skills, or training for the individual required to
15    obey the instruction or the instruction would result in an
16    unsafe act.
17        6. Consuming alcohol or illegal or non-prescribed
18    prescription drugs, or using an impairing substance in an
19    off-label manner, on the employer's premises during
20    working hours in violation of the employer's policies.
21        7. Reporting to work under the influence of alcohol,
22    illegal or non-prescribed prescription drugs, or an
23    impairing substance used in an off-label manner in
24    violation of the employer's policies, unless the
25    individual is compelled to report to work by the employer
26    outside of scheduled and on-call working hours and informs

 

 

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1    the employer that he or she is under the influence of
2    alcohol, illegal or non-prescribed prescription drugs, or
3    an impairing substance used in an off-label manner in
4    violation of the employer's policies.
5        8. Grossly negligent conduct endangering the safety of
6    the individual or co-workers.
7    For purposes of paragraphs 4 and 8, conduct is "grossly
8negligent" when the individual is, or reasonably should be,
9aware of a substantial risk that the conduct will result in the
10harm sought to be prevented and the conduct constitutes a
11substantial deviation from the standard of care a reasonable
12person would exercise in the situation.
13    Nothing in paragraph 6 or 7 prohibits the lawful use of
14over-the-counter drug products as defined in Section 206 of the
15Illinois Controlled Substances Act, provided that the
16medication does not affect the safe performance of the
17employee's work duties.
18    B. Notwithstanding any other provision of this Act, no
19benefit rights shall accrue to any individual based upon wages
20from any employer for service rendered prior to the day upon
21which such individual was discharged because of the commission
22of a felony in connection with his work, or because of theft in
23connection with his work, for which the employer was in no way
24responsible; provided, that the employer notified the Director
25of such possible ineligibility within the time limits specified
26by regulations of the Director, and that the individual has

 

 

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1admitted his commission of the felony or theft to a
2representative of the Director, or has signed a written
3admission of such act and such written admission has been
4presented to a representative of the Director, or such act has
5resulted in a conviction or order of supervision by a court of
6competent jurisdiction; and provided further, that if by reason
7of such act, he is in legal custody, held on bail or is a
8fugitive from justice, the determination of his benefit rights
9shall be held in abeyance pending the result of any legal
10proceedings arising therefrom.
11(Source: P.A. 85-956.)
 
12    (820 ILCS 405/611)  (from Ch. 48, par. 441)
13    Sec. 611. Retirement pay. A. For the purposes of this
14Section "disqualifying income" means:
15    1. The entire amount which an individual has received or
16will receive with respect to a week in the form of a retirement
17payment (a) from an individual or organization (i) for which he
18performed services during his base period or which is liable
19for benefit charges or payments in lieu of contributions as a
20result of the payment of benefits to such individual and (ii)
21which pays all of the cost of such retirement payment, or (b)
22from a trust, annuity or insurance fund or under an annuity or
23insurance contract, to or under which an individual or
24organization for which he performed services during his base
25period or which is liable for benefit charges or payments in

 

 

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1lieu of contributions as a result of the payment of benefits to
2such individual pays or has paid all of the premiums or
3contributions; and
4    2. One-half the amount which an individual has received or
5will receive with respect to a week in the form of a retirement
6payment (a) from an individual or organization (i) for which he
7performed services during his base period or which is liable
8for benefit charges or payments in lieu of contributions as a
9result of the payment of benefits to such individual and (ii)
10which pays some, but not all, of the cost of such retirement
11payment, or (b) from a trust, annuity or insurance fund
12(including primary social security old age and disability
13retirement benefits, including those based on self-employment)
14or under an annuity or insurance contract, to or under which an
15individual or organization for which he performed services
16during his base period or which is liable for benefit charges
17or payments in lieu of contributions as a result of the payment
18of benefits to such individual pays or has paid some, but not
19all, of the premiums or contributions.
20    3. Notwithstanding paragraphs paragraph 1 and 2 above, the
21entire amount which an individual has received or will receive,
22with respect to any week which begins after March 31, 1980, of
23any governmental or other pension, retirement, or retired pay,
24annuity or any other similar periodic payment which is based on
25any previous work of such individual during his base period or
26which is liable for benefit charges or payments in lieu of

 

 

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1contributions as a result of the payment of benefits to such
2individual. This paragraph shall be in effect only if it is
3required as a condition for full tax credit against the tax
4imposed by the Federal Unemployment Tax Act.
5    4. Notwithstanding paragraphs 1, 2, and 3 above, none of
6the amount that an individual has received or will receive with
7respect to a week in the form of social security old age,
8survivors, and disability benefits under 42 U.S.C. Section 401
9et seq., including those based on self-employment, shall
10constitute disqualifying income.
11    B. Whenever an individual has received or will receive a
12retirement payment for a month, an amount shall be deemed to
13have been paid him for each day equal to one-thirtieth of such
14retirement payment. If the retirement payment is for a
15half-month, an amount shall be deemed to have been paid the
16individual for each day equal to one-fifteenth of such
17retirement payment. If the retirement payment is for any other
18period, an amount shall be deemed to have been paid the
19individual for each day in such period equal to the retirement
20payment divided by the number of days in the period.
21    C. An individual shall be ineligible for benefits for any
22week with respect to which his disqualifying income equals or
23exceeds his weekly benefit amount. If such disqualifying income
24with respect to a week totals less than the benefits for which
25he would otherwise be eligible under this Act, he shall be
26paid, with respect to such week, benefits reduced by the amount

 

 

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1of such disqualifying income.
2    D. To assure full tax credit to the employers of this State
3against the tax imposed by the Federal Unemployment Tax Act,
4the Director shall take any action as may be necessary in the
5administration of paragraph 3 of subsection A of this Section
6to insure that the application of its provisions conform to the
7requirements of such Federal Act as interpreted by the United
8States Secretary of Labor or other appropriate Federal agency.
9(Source: P.A. 86-3.)
 
10    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
11    Sec. 1505. Adjustment of state experience factor. The state
12experience factor shall be adjusted in accordance with the
13following provisions:
14    A. For calendar years prior to 1988, the state experience
15factor shall be adjusted in accordance with the provisions of
16this Act as amended and in effect on November 18, 2011.
17    B. (Blank).
18    C. For calendar year 1988 and each calendar year
19thereafter, for which the state experience factor is being
20determined.
21        1. For every $50,000,000 (or fraction thereof) by which
22    the adjusted trust fund balance falls below the target
23    balance set forth in this subsection, the state experience
24    factor for the succeeding year shall be increased one
25    percent absolute.

 

 

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1        For every $50,000,000 (or fraction thereof) by which
2    the adjusted trust fund balance exceeds the target balance
3    set forth in this subsection, the state experience factor
4    for the succeeding year shall be decreased by one percent
5    absolute.
6        The target balance in each calendar year prior to 2003
7    is $750,000,000. The target balance in calendar year 2003
8    is $920,000,000. The target balance in calendar year 2004
9    is $960,000,000. The target balance in calendar year 2005
10    and each calendar year thereafter is $1,000,000,000.
11        2. For the purposes of this subsection:
12        "Net trust fund balance" is the amount standing to the
13    credit of this State's account in the unemployment trust
14    fund as of June 30 of the calendar year immediately
15    preceding the year for which a state experience factor is
16    being determined.
17        "Adjusted trust fund balance" is the net trust fund
18    balance minus the sum of the benefit reserves for fund
19    building for July 1, 1987 through June 30 of the year prior
20    to the year for which the state experience factor is being
21    determined. The adjusted trust fund balance shall not be
22    less than zero. If the preceding calculation results in a
23    number which is less than zero, the amount by which it is
24    less than zero shall reduce the sum of the benefit reserves
25    for fund building for subsequent years.
26        For the purpose of determining the state experience

 

 

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1    factor for 1989 and for each calendar year thereafter, the
2    following "benefit reserves for fund building" shall apply
3    for each state experience factor calculation in which that
4    12 month period is applicable:
5            a. For the 12 month period ending on June 30, 1988,
6        the "benefit reserve for fund building" shall be
7        8/104th of the total benefits paid from January 1, 1988
8        through June 30, 1988.
9            b. For the 12 month period ending on June 30, 1989,
10        the "benefit reserve for fund building" shall be the
11        sum of:
12                i. 8/104ths of the total benefits paid from
13            July 1, 1988 through December 31, 1988, plus
14                ii. 4/108ths of the total benefits paid from
15            January 1, 1989 through June 30, 1989.
16            c. For the 12 month period ending on June 30, 1990,
17        the "benefit reserve for fund building" shall be
18        4/108ths of the total benefits paid from July 1, 1989
19        through December 31, 1989.
20            d. For 1992 and for each calendar year thereafter,
21        the "benefit reserve for fund building" for the 12
22        month period ending on June 30, 1991 and for each
23        subsequent 12 month period shall be zero.
24        3. Notwithstanding the preceding provisions of this
25    subsection, for calendar years 1988 through 2003, the state
26    experience factor shall not be increased or decreased by

 

 

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1    more than 15 percent absolute.
2    D. Notwithstanding the provisions of subsection C, the
3adjusted state experience factor:
4        1. Shall be 111 percent for calendar year 1988;
5        2. Shall not be less than 75 percent nor greater than
6    135 percent for calendar years 1989 through 2003; and shall
7    not be less than 75% nor greater than 150% for calendar
8    year 2004 and each calendar year thereafter, not counting
9    any increase pursuant to subsection D-1, D-2, or D-3;
10        3. Shall not be decreased by more than 5 percent
11    absolute for any calendar year, beginning in calendar year
12    1989 and through calendar year 1992, by more than 6%
13    absolute for calendar years 1993 through 1995, by more than
14    10% absolute for calendar years 1999 through 2003 and by
15    more than 12% absolute for calendar year 2004 and each
16    calendar year thereafter, from the adjusted state
17    experience factor of the calendar year preceding the
18    calendar year for which the adjusted state experience
19    factor is being determined;
20        4. Shall not be increased by more than 15% absolute for
21    calendar year 1993, by more than 14% absolute for calendar
22    years 1994 and 1995, by more than 10% absolute for calendar
23    years 1999 through 2003 and by more than 16% absolute for
24    calendar year 2004 and each calendar year thereafter, from
25    the adjusted state experience factor for the calendar year
26    preceding the calendar year for which the adjusted state

 

 

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1    experience factor is being determined;
2        5. Shall be 100% for calendar years 1996, 1997, and
3    1998.
4    D-1. The adjusted state experience factor for each of
5calendar years 2013 through 2015 shall be increased by 5%
6absolute above the adjusted state experience factor as
7calculated without regard to this subsection. The adjusted
8state experience factor for each of calendar years 2016 through
92018 shall be increased by 6% absolute above the adjusted state
10experience factor as calculated without regard to this
11subsection. The increase in the adjusted state experience
12factor for calendar year 2018 pursuant to this subsection shall
13not be counted for purposes of applying paragraph 3 or 4 of
14subsection D to the calculation of the adjusted state
15experience factor for calendar year 2019.
16    D-2. (Blank). The adjusted state experience factor for
17calendar year 2016 shall be increased by 19% absolute above the
18adjusted state experience factor as calculated without regard
19to this subsection. The increase in the adjusted state
20experience factor for calendar year 2016 pursuant to this
21subsection shall not be counted for purposes of applying
22paragraph 3 or 4 of subsection D to the calculation of the
23adjusted state experience factor for calendar year 2017.
24    D-3. The adjusted state experience factor for calendar year
252018 shall be increased by 19% absolute above the adjusted
26state experience factor as calculated without regard to this

 

 

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1subsection. The increase in the adjusted state experience
2factor for calendar year 2018 pursuant to this subsection shall
3not be counted for purposes of applying paragraph 3 or 4 of
4subsection D to the calculation of the adjusted state
5experience factor for calendar year 2019.
6    E. The amount standing to the credit of this State's
7account in the unemployment trust fund as of June 30 shall be
8deemed to include as part thereof (a) any amount receivable on
9that date from any Federal governmental agency, or as a payment
10in lieu of contributions under the provisions of Sections 1403
11and 1405 B and paragraph 2 of Section 302C, in reimbursement of
12benefits paid to individuals, and (b) amounts credited by the
13Secretary of the Treasury of the United States to this State's
14account in the unemployment trust fund pursuant to Section 903
15of the Federal Social Security Act, as amended, including any
16such amounts which have been appropriated by the General
17Assembly in accordance with the provisions of Section 2100 B
18for expenses of administration, except any amounts which have
19been obligated on or before that date pursuant to such
20appropriation.
21(Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
 
22    (820 ILCS 405/1506.6)
23    Sec. 1506.6. Surcharge; specified period. For each
24employer whose contribution rate for calendar year 2016 or 2018
25is determined pursuant to Section 1500 or 1506.1, including but

 

 

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1not limited to an employer whose contribution rate pursuant to
2Section 1506.1 is 0.0%, in addition to the contribution rate
3established pursuant to Section 1506.3, an additional
4surcharge of 0.3% shall be added to the contribution rate. The
5surcharge established by this Section shall be due at the same
6time as other contributions with respect to the quarter are
7due, as provided in Section 1400. Payments attributable to the
8surcharge established pursuant to this Section shall be
9contributions and deposited into the clearing account.
10(Source: P.A. 97-621, eff. 11-18-11.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law, except that the changes to Sections 602 and 611
13of the Unemployment Insurance Act take effect January 3,
142016.".