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| [ Introduced ] | [ House Amendment 001 ] |
91_HB1149eng HB1149 Engrossed LRB9102525WHdv 1 AN ACT to amend the Unemployment Insurance Act by 2 changing Sections 235 and 401. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Unemployment Insurance Act is amended by 6 changing Sections 235 and 401 as follows: 7 (820 ILCS 405/235) (from Ch. 48, par. 345) 8 Sec. 235. The term "wages" does not include: 9 A. That part of the remuneration which, after 10 remuneration equal to $6,000 with respect to employment has 11 been paid to an individual by an employer during any calendar 12 year after 1977 and before 1980, is paid to such individual 13 by such employer during such calendar year; and that part of 14 the remuneration which, after remuneration equal to $6,500 15 with respect to employment has been paid to an individual by 16 an employer during each calendar year 1980 and 1981, is paid 17 to such individual by such employer during that calendar 18 year; and that part of the remuneration which, after 19 remuneration equal to $7,000 with respect to employment has 20 been paid to an individual by an employer during the calendar 21 year 1982 is paid to such individual by such employer during 22 that calendar year. 23 With respect to the first calendar quarter of 1983, the 24 term "wages" shall include only the remuneration paid to an 25 individual by an employer during such quarter with respect to 26 employment which does not exceed $7,000. With respect to the 27 three calendar quarters, beginning April 1, 1983, the term 28 "wages" shall include only the remuneration paid to an 29 individual by an employer during such period with respect to 30 employment which when added to the "wages" (as defined in the 31 preceding sentence) paid to such individual by such employer HB1149 Engrossed -2- LRB9102525WHdv 1 during the first calendar quarter of 1983, does not exceed 2 $8,000. 3 With respect to the calendar year 1984, the term "wages" 4 shall include only the remuneration paid to an individual by 5 an employer during that period with respect to employment 6 which does not exceed $8,000; with respect to calendar years 7 1985, 1986 and 1987, the term "wages" shall include only the 8 remuneration paid to such individual by such employer during 9 that calendar year with respect to employment which does not 10 exceed $8,500. 11 With respect to the calendar years 1988 through 1999 and 12 calendar year 2001 and each calendar year thereafter, the 13 term "wages" includesshall includeonly the remuneration 14 paid to an individual by an employer during that period with 15 respect to employment which does not exceed $9,000. 16 With respect to the calendar year 2000, the term "wages" 17 shall include only the remuneration paid to an individual by 18 an employer during that period with respect to employment 19 which does not exceed $10,000. The remuneration paid to an 20 individual by an employer with respect to employment in 21 another State or States, upon which contributions were 22 required of such employer under an unemployment compensation 23 law of such other State or States, shall be included as a 24 part of the remuneration equal to $6,000, $6,500, $7,000, 25 $8,000, $8,500, $9,000, or $10,000, as the case may be, 26 herein referred to. For the purposes of this subsection, any 27 employing unit which succeeds to the organization, trade, or 28 business, or to substantially all of the assets of another 29 employing unit, or to the organization, trade, or business, 30 or to substantially all of the assets of a distinct severable 31 portion of another employing unit, shall be treated as a 32 single unit with its predecessor for the calendar year in 33 which such succession occurs, and any employing unit which is 34 owned or controlled by the same interests which own or HB1149 Engrossed -3- LRB9102525WHdv 1 control another employing unit shall be treated as a single 2 unit with the unit so owned or controlled by such interests 3 for any calendar year throughout which such ownership or 4 control exists. This subsection applies only to Sections 5 1400, 1405A, and 1500. 6 B. The amount of any payment (including any amount paid 7 by an employer for insurance or annuities, or into a fund, to 8 provide for any such payment), made to, or on behalf of, an 9 individual or any of his dependents under a plan or system 10 established by an employer which makes provision generally 11 for individuals performing services for him (or for such 12 individuals generally and their dependents) or for a class or 13 classes of such individuals (or for a class or classes of 14 such individuals and their dependents), on account of (1) 15 sickness or accident disability (except those sickness or 16 accident disability payments which would be includable as 17 "wages" in Section 3306(b)(2)(A) of the Federal Internal 18 Revenue Code of 1954, in effect on January 1, 1985, such 19 includable payments to be attributable in such manner as 20 provided by Section 3306(b) of the Federal Internal Revenue 21 Code of 1954, in effect on January 1, 1985), or (2) medical 22 or hospitalization expenses in connection with sickness or 23 accident disability, or (3) death. 24 C. Any payment made to, or on behalf of, an employee or 25 his beneficiary which would be excluded from "wages" by 26 subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section 27 3306(b)(5) of the Federal Internal Revenue Code of 1954, in 28 effect on January 1, 1985. 29 D. The amount of any payment on account of sickness or 30 accident disability, or medical or hospitalization expenses 31 in connection with sickness or accident disability, made by 32 an employer to, or on behalf of, an individual performing 33 services for him after the expiration of six calendar months 34 following the last calendar month in which the individual HB1149 Engrossed -4- LRB9102525WHdv 1 performed services for such employer. 2 E. Remuneration paid in any medium other than cash by an 3 employing unit to an individual for service in agricultural 4 labor as defined in Section 214. 5 F. The amount of any supplemental payment made by an 6 employer to an individual performing services for him, other 7 than remuneration for services performed, under a shared work 8 plan approved by the Director pursuant to Section 407.1. 9 (Source: P.A. 89-633, eff. 1-1-97; 90-554, eff. 12-12-97.) 10 (820 ILCS 405/401) (from Ch. 48, par. 401) 11 Sec. 401. Weekly Benefit Amount - Dependents' 12 Allowances. 13 A. With respect to any week beginning prior to April 24, 14 1983, an individual's weekly benefit amount shall be an 15 amount equal to the weekly benefit amount as defined in this 16 Act as in effect on November 30, 1982. 17 B. 1. With respect to any week beginning on or after 18 April 24, 1983 and before January 3, 1988, an individual's 19 weekly benefit amount shall be 48% of his prior average 20 weekly wage, rounded (if not already a multiple of one 21 dollar) to the next higher dollar; provided, however, that 22 the weekly benefit amount cannot exceed the maximum weekly 23 benefit amount, and cannot be less than 15% of the statewide 24 average weekly wage, rounded (if not already a multiple of 25 one dollar) to the next higher dollar. However, the weekly 26 benefit amount for an individual who has established a 27 benefit year beginning before April 24, 1983, shall be 28 determined, for weeks beginning on or after April 24, 1983 29 claimed with respect to that benefit year, as provided under 30 this Act as in effect on November 30, 1982. With respect to 31 any week beginning on or after January 3, 1988 and before 32 January 1, 1993, an individual's weekly benefit amount shall 33 be 49% of his prior average weekly wage, rounded (if not HB1149 Engrossed -5- LRB9102525WHdv 1 already a multiple of one dollar) to the next higher dollar; 2 provided, however, that the weekly benefit amount cannot 3 exceed the maximum weekly benefit amount, and cannot be less 4 than $51. With respect to any week beginning on or after 5 January 3, 1993, an individual's weekly benefit amount shall 6 be 49.5% of his prior average weekly wage, rounded (if not 7 already a multiple of one dollar) to the next higher dollar; 8 provided, however, that the weekly benefit amount cannot 9 exceed the maximum weekly benefit amount and cannot be less 10 than $51. 11 2. For the purposes of this subsection: 12 With respect to any week beginning on or after April 24, 13 1983, an individual's "prior average weekly wage" means the 14 total wages for insured work paid to that individual during 15 the 2 calendar quarters of his base period in which such 16 total wages were highest, divided by 26. If the quotient is 17 not already a multiple of one dollar, it shall be rounded to 18 the nearest dollar; however if the quotient is equally near 2 19 multiples of one dollar, it shall be rounded to the higher 20 multiple of one dollar. 21 "Determination date" means June 1, 1982, December 1, 1982 22 and December 1 of each succeeding calendar year thereafter. 23 However, if as of June 30, 1982, or any June 30 thereafter, 24 the net amount standing to the credit of this State's account 25 in the unemployment trust fund (less all outstanding advances 26 to that account, including advances pursuant to Title XII of 27 the federal Social Security Act) is greater than 28 $100,000,000, "determination date" shall mean December 1 of 29 that year and June 1 of the succeeding year. Notwithstanding 30 the preceding sentence, for the purposes of this Act only, 31 there shall be no June 1 determination date in any year after 32 1986. 33 "Determination period" means, with respect to each June 1 34 determination date, the 12 consecutive calendar months ending HB1149 Engrossed -6- LRB9102525WHdv 1 on the immediately preceding December 31 and, with respect to 2 each December 1 determination date, the 12 consecutive 3 calendar months ending on the immediately preceding June 30. 4 "Benefit period" means the 12 consecutive calendar month 5 period beginning on the first day of the first calendar month 6 immediately following a determination date, except that, with 7 respect to any calendar year in which there is a June 1 8 determination date, "benefit period" shall mean the 6 9 consecutive calendar month period beginning on the first day 10 of the first calendar month immediately following the 11 preceding December 1 determination date and the 6 consecutive 12 calendar month period beginning on the first day of the first 13 calendar month immediately following the June 1 determination 14 date. Notwithstanding the foregoing sentence, the 6 calendar 15 months beginning January 1, 1982 and ending June 30, 1982 16 shall be deemed a benefit period with respect to which the 17 determination date shall be June 1, 1981. 18 "Gross wages" means all the wages paid to individuals 19 during the determination period immediately preceding a 20 determination date for insured work, and reported to the 21 Director by employers prior to the first day of the third 22 calendar month preceding that date. 23 "Covered employment" for any calendar month means the 24 total number of individuals, as determined by the Director, 25 engaged in insured work at mid-month. 26 "Average monthly covered employment" means one-twelfth of 27 the sum of the covered employment for the 12 months of a 28 determination period. 29 "Statewide average annual wage" means the quotient, 30 obtained by dividing gross wages by average monthly covered 31 employment for the same determination period, rounded (if not 32 already a multiple of one cent) to the nearest cent. 33 "Statewide average weekly wage" means the quotient, 34 obtained by dividing the statewide average annual wage by 52, HB1149 Engrossed -7- LRB9102525WHdv 1 rounded (if not already a multiple of one cent) to the 2 nearest cent. Notwithstanding any provisions of this Section 3 to the contrary, the statewide average weekly wage for the 4 benefit period beginning July 1, 1982 and ending December 31, 5 1982 shall be the statewide average weekly wage in effect for 6 the immediately preceding benefit period plus one-half of the 7 result obtained by subtracting the statewide average weekly 8 wage for the immediately preceding benefit period from the 9 statewide average weekly wage for the benefit period 10 beginning July 1, 1982 and ending December 31, 1982 as such 11 statewide average weekly wage would have been determined but 12 for the provisions of this paragraph. Notwithstanding any 13 provisions of this Section to the contrary, the statewide 14 average weekly wage for the benefit period beginning April 15 24, 1983 and ending January 31, 1984 shall be $321 and for 16 the benefit period beginning February 1, 1984 and ending 17 December 31, 1986 shall be $335, and for the benefit period 18 beginning January 1, 1987, and ending December 31, 1987, 19 shall be $350, except that for an individual who has 20 established a benefit year beginning before April 24, 1983, 21 the statewide average weekly wage used in determining 22 benefits, for any week beginning on or after April 24, 1983, 23 claimed with respect to that benefit year, shall be $334.80, 24 except that, for the purpose of determining the minimum 25 weekly benefit amount under subsection B(1) for the benefit 26 period beginning January 1, 1987, and ending December 31, 27 1987, the statewide average weekly wage shall be $335; for 28 the benefit periods January 1, 1988 through December 31, 29 1988, January 1, 1989 through December 31, 1989, and January 30 1, 1990 through December 31, 1990, the statewide average 31 weekly wage shall be $359, $381, and $406, respectively. 32 Notwithstanding the preceding sentences of this paragraph, 33 for the benefit period of calendar year 1991, the statewide 34 average weekly wage shall be $406 plus (or minus) an amount HB1149 Engrossed -8- LRB9102525WHdv 1 equal to the percentage change in the statewide average 2 weekly wage, as computed in accordance with the preceding 3 sentences of this paragraph, between the benefit periods of 4 calendar years 1989 and 1990, multiplied by $406; and, for 5 the benefit periods of calendar years 1992 through 1999 and 6 calendar year 2001 and each calendar year thereafter, the 7 statewide average weekly wage, isshall bethe statewide 8 average weekly wage, as determined in accordance with this 9 sentence, for the immediately preceding benefit period plus 10 (or minus) an amount equal to the percentage change in the 11 statewide average weekly wage, as computed in accordance with 12 the preceding sentences of this paragraph, between the 2 13 immediately preceding benefit periods, multiplied by the 14 statewide average weekly wage, as determined in accordance 15 with this sentence, for the immediately preceding benefit 16 period. For the benefit period of 2000, the statewide average 17 weekly wage shall be $524. Provided however, that for any 18 benefit period after December 31, 1990, if 2 of the following 19 3 factors occur, then the statewide average weekly wage shall 20 be the statewide average weekly wage in effect for the 21 immediately preceding benefit period: (a) the average 22 contribution rate for all employers in this State for the 23 calendar year 2 years prior to the benefit period, as a ratio 24 of total contribution payments (including payments in lieu of 25 contributions) to total wages reported by employers in this 26 State for that same period is 0.2% greater than the national 27 average of this ratio, the foregoing to be determined in 28 accordance with rules promulgated by the Director; (b) the 29 balance in this State's account in the unemployment trust 30 fund, as of March 31 of the prior calendar year, is less than 31 $250,000,000; or (c) the number of first payments of initial 32 claims, as determined in accordance with rules promulgated by 33 the Director, for the one year period ending on June 30 of 34 the prior year, has increased more than 25% over the average HB1149 Engrossed -9- LRB9102525WHdv 1 number of such payments during the 5 year period ending that 2 same June 30; and provided further that if (a), (b) and (c) 3 occur, then the statewide average weekly wage, as determined 4 in accordance with the preceding sentence, shall be 10% less 5 than it would have been but for these provisions. If the 6 reduced amount, computed in accordance with the preceding 7 sentence, is not already a multiple of one dollar, it shall 8 be rounded to the nearest dollar. The 10% reduction in the 9 statewide average weekly wage in the preceding sentence shall 10 not be in effect for more than 2 benefit periods of any 5 11 consecutive benefit periods. This 10% reduction shall not be 12 cumulative from year to year. Neither the freeze nor the 13 reduction shall be considered in the determination of 14 subsequent years' calculations of statewide average weekly 15 wage. However, for purposes of the Workers' Compensation Act, 16 the statewide average weekly wage will be computed using June 17 1 and December 1 determination dates of each calendar year 18 and such determination shall not be subject to the limitation 19 of $321, $335, $350, $359, $381, $406 or the statewide 20 average weekly wage as computed in accordance with the 21 preceding 7 sentences of this paragraph. 22 With respect to any week beginning on or after April 24, 23 1983 and before January 3, 1988, "maximum weekly benefit 24 amount" means 48% of the statewide average weekly wage, 25 rounded (if not already a multiple of one dollar) to the 26 nearest dollar, provided however, that the maximum weekly 27 benefit amount for an individual who has established a 28 benefit year beginning before April 24, 1983, shall be 29 determined, for weeks beginning on or after April 24, 1983 30 claimed with respect to that benefit year, as provided under 31 this Act as amended and in effect on November 30, 1982, 32 except that the statewide average weekly wage used in such 33 determination shall be $334.80. 34 With respect to any week beginning after January 2, 1988 HB1149 Engrossed -10- LRB9102525WHdv 1 and before January 1, 1993, "maximum weekly benefit amount" 2 with respect to each week beginning within a benefit period 3 means 49% of the statewide average weekly wage, rounded (if 4 not already a multiple of one dollar) to the next higher 5 dollar. 6 With respect to any week beginning on or after January 3, 7 1993, "maximum weekly benefit amount" with respect to each 8 week beginning within a benefit period means 49.5% of the 9 statewide average weekly wage, rounded (if not already a 10 multiple of one dollar) to the next higher dollar. 11 C. With respect to any week beginning on or after April 12 24, 1983 and before January 3, 1988, an individual to whom 13 benefits are payable with respect to any week shall, in 14 addition to such benefits, be paid, with respect to such 15 week, as follows: in the case of an individual with a 16 nonworking spouse, 7% of his prior average weekly wage, 17 rounded (if not already a multiple of one dollar) to the 18 higher dollar; provided, that the total amount payable to the 19 individual with respect to a week shall not exceed 55% of the 20 statewide average weekly wage, rounded (if not already a 21 multiple of one dollar) to the nearest dollar; and in the 22 case of an individual with a dependent child or dependent 23 children, 14.4% of his prior average weekly wage, rounded (if 24 not already a multiple of one dollar) to the higher dollar; 25 provided, that the total amount payable to the individual 26 with respect to a week shall not exceed 62.4% of the 27 statewide average weekly wage, rounded (if not already a 28 multiple of one dollar) to the next higher dollar with 29 respect to the benefit period beginning January 1, 1987 and 30 ending December 31, 1987, and otherwise to the nearest 31 dollar. However, for an individual with a nonworking spouse 32 or with a dependent child or children who has established a 33 benefit year beginning before April 24, 1983, the amount of 34 additional benefits payable on account of the nonworking HB1149 Engrossed -11- LRB9102525WHdv 1 spouse or dependent child or children shall be determined, 2 for weeks beginning on or after April 24, 1983 claimed with 3 respect to that benefit year, as provided under this Act as 4 in effect on November 30, 1982, except that the statewide 5 average weekly wage used in such determination shall be 6 $334.80. 7 With respect to any week beginning on or after January 2, 8 1988 and before January 1, 1991 and any week beginning on or 9 after January 1, 1992, and before January 1, 1993, an 10 individual to whom benefits are payable with respect to any 11 week shall, in addition to those benefits, be paid, with 12 respect to such week, as follows: in the case of an 13 individual with a nonworking spouse, 8% of his prior average 14 weekly wage, rounded (if not already a multiple of one 15 dollar) to the next higher dollar, provided, that the total 16 amount payable to the individual with respect to a week 17 shall not exceed 57% of the statewide average weekly wage, 18 rounded (if not already a multiple of one dollar) to the next 19 higher dollar; and in the case of an individual with a 20 dependent child or dependent children, 15% of his prior 21 average weekly wage, rounded (if not already a multiple of 22 one dollar) to the next higher dollar, provided that the 23 total amount payable to the individual with respect to a week 24 shall not exceed 64% of the statewide average weekly wage, 25 rounded (if not already a multiple of one dollar) to the next 26 higher dollar. 27 With respect to any week beginning on or after January 1, 28 1991 and before January 1, 1992, an individual to whom 29 benefits are payable with respect to any week shall, in 30 addition to the benefits, be paid, with respect to such week, 31 as follows: in the case of an individual with a nonworking 32 spouse, 8.3% of his prior average weekly wage, rounded (if 33 not already a multiple of one dollar) to the next higher 34 dollar, provided, that the total amount payable to the HB1149 Engrossed -12- LRB9102525WHdv 1 individual with respect to a week shall not exceed 57.3% of 2 the statewide average weekly wage, rounded (if not already a 3 multiple of one dollar) to the next higher dollar; and in the 4 case of an individual with a dependent child or dependent 5 children, 15.3% of his prior average weekly wage, rounded (if 6 not already a multiple of one dollar) to the next higher 7 dollar, provided that the total amount payable to the 8 individual with respect to a week shall not exceed 64.3% of 9 the statewide average weekly wage, rounded (if not already a 10 multiple of one dollar) to the next higher dollar. 11 With respect to any week beginning on or after January 3, 12 1993, an individual to whom benefits are payable with respect 13 to any week shall, in addition to those benefits, be paid, 14 with respect to such week, as follows: in the case of an 15 individual with a nonworking spouse, 9% of his prior average 16 weekly wage, rounded (if not already a multiple of one 17 dollar) to the next higher dollar, provided, that the total 18 amount payable to the individual with respect to a week 19 shall not exceed 58.5% of the statewide average weekly wage, 20 rounded (if not already a multiple of one dollar) to the next 21 higher dollar; and in the case of an individual with a 22 dependent child or dependent children, 16% of his prior 23 average weekly wage, rounded (if not already a multiple of 24 one dollar) to the next higher dollar, provided that the 25 total amount payable to the individual with respect to a week 26 shall not exceed 65.5% of the statewide average weekly wage, 27 rounded (if not already a multiple of one dollar) to the next 28 higher dollar. 29 For the purposes of this subsection: 30 "Dependent" means a child or a nonworking spouse. 31 "Child" means a natural child, stepchild, or adopted 32 child of an individual claiming benefits under this Act or a 33 child who is in the custody of any such individual by court 34 order, for whom the individual is supplying and, for at least HB1149 Engrossed -13- LRB9102525WHdv 1 90 consecutive days (or for the duration of the parental 2 relationship if it has existed for less than 90 days) 3 immediately preceding any week with respect to which the 4 individual has filed a claim, has supplied more than one-half 5 the cost of support, or has supplied at least 1/4 of the cost 6 of support if the individual and the other parent, together, 7 are supplying and, during the aforesaid period, have supplied 8 more than one-half the cost of support, and are, and were 9 during the aforesaid period, members of the same household; 10 and who, on the first day of such week (a) is under 18 years 11 of age, or (b) is, and has been during the immediately 12 preceding 90 days, unable to work because of illness or other 13 disability: provided, that no person who has been determined 14 to be a child of an individual who has been allowed benefits 15 with respect to a week in the individual's benefit year shall 16 be deemed to be a child of the other parent, and no other 17 person shall be determined to be a child of such other 18 parent, during the remainder of that benefit year. 19 "Nonworking spouse" means the lawful husband or wife of 20 an individual claiming benefits under this Act, for whom more 21 than one-half the cost of support has been supplied by the 22 individual for at least 90 consecutive days (or for the 23 duration of the marital relationship if it has existed for 24 less than 90 days) immediately preceding any week with 25 respect to which the individual has filed a claim, but only 26 if the nonworking spouse is currently ineligible to receive 27 benefits under this Act by reason of the provisions of 28 Section 500E. 29 An individual who was obligated by law to provide for the 30 support of a child or of a nonworking spouse for the 31 aforesaid period of 90 consecutive days, but was prevented by 32 illness or injury from doing so, shall be deemed to have 33 provided more than one-half the cost of supporting the child 34 or nonworking spouse for that period. HB1149 Engrossed -14- LRB9102525WHdv 1 (Source: P.A. 89-633, eff. 1-1-97; 90-554, eff. 12-12-97.) 2 Section 99. Effective date. This Act takes effect upon 3 becoming law.