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91_HB3879
LRB9111160WHcs
1 AN ACT to amend the Unemployment Insurance Act by
2 changing Section 612.
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 Section 612 as follows:
7 (820 ILCS 405/612) (from Ch. 48, par. 442)
8 Sec. 612. Educational institution Academic personnel
9 Ineligibility between academic years or terms.
10 A. Benefits based on wages for services which are
11 employment under the provisions of Sections 211.1, and 211.2,
12 and 302C shall be payable in the same amount, on the same
13 terms, and subject to the same conditions as benefits payable
14 on the basis of wages for other services which are employment
15 under this Act; except that an individual is ineligible for
16 benefits, on the basis of wages for services in an
17 instructional, research, or principal administrative capacity
18 performed:
19 (1) For an educational institution, for any week
20 that begins during the period between 2 successive
21 academic years or terms (or, when an agreement provides
22 instead for a similar period between 2 regular but not
23 successive terms, during that period) or during a period
24 of paid sabbatical leave provided for in the individual's
25 contract, if the individual performs those services in
26 the first of the academic years (or terms) and there is a
27 contract or reasonable assurance that the individual will
28 perform services in any such capacity for any educational
29 institution, in the second of those academic years or
30 terms.
31 (2) For an educational institution, for any week
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1 that begins during an established and customary vacation
2 period or holiday recess, if the individual performs
3 those services in the period immediately before the
4 vacation period or holiday recess and there is a
5 reasonable assurance that the individual will perform
6 those services in the period immediately following the
7 vacation period or holiday recess.
8 (3) In an educational institution, while in the
9 employ of an educational service agency for any week: (i)
10 during a period between 2 successive academic years or
11 terms, if the individual performed those services in the
12 first of those academic years or terms and there is a
13 reasonable assurance that the individual will perform
14 those services in the second of those academic years or
15 terms; and (ii) during an established and customary
16 vacation period or holiday recess, if the individual
17 performed those services in the period immediately before
18 the vacation period or holiday recess and there is a
19 reasonable assurance that the individual will perform
20 those services in the period immediately following the
21 vacation period or holiday recess. The term "educational
22 service agency" means a governmental agency or
23 governmental entity that is established and operated
24 exclusively for the purpose of providing such service to
25 one or more educational institutions.
26 B. Benefits based on wages for services which are
27 employment under the provisions of Sections 211.1 and 211.2
28 shall be payable in the same amount, on the same terms, and
29 subject to the same conditions as benefits payable on the
30 basis of wages for other services which are employment under
31 this Act; except that an individual shall be ineligible for
32 benefits, on the basis of wages for services in employment in
33 any capacity other than those referred to in subsection A
34 performed:
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1 1. For an educational institution other than an
2 institution of higher education for any week which begins
3 during the period between two successive academic years
4 or terms, if such individual performs such services in
5 the first of such academic years (or terms) and there is
6 a reasonable assurance that such individual will perform
7 such services in the second of such academic years or
8 terms.
9 2. For an educational institution other than an
10 institution of higher education for any week which begins
11 during an established and customary vacation period or
12 holiday recess if such individual performs such services
13 in the period immediately before such vacation period or
14 holiday recess, and there is a reasonable assurance that
15 such individual will perform such services in the period
16 immediately following such vacation period or holiday.
17 3. In an education institution other than an
18 institution of higher education while in employ of an
19 educational service agency for any week which begins:
20 (a) during a period between two successive academic years
21 or terms, if the individual performed such service in the
22 first of such academic years or terms and there is a
23 reasonable assurance that the individual will perform
24 such service in the second of such academic years or
25 terms; and (b) during an established and customary
26 vacation period or holiday recess, if the individual
27 performed such service in the period immediately before
28 such vacation period or holiday recess and there is a
29 reasonable assurance that the individual will perform
30 such service in the period immediately following such
31 vacation period or holiday recess. The term "educational
32 service agency" means a governmental agency or
33 governmental entity which is established and operated
34 exclusively for the purpose of providing such services to
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1 one or more educational institutions.
2 : 1. an individual shall be ineligible for benefits, on the
3 basis of wages for employment in an instructional, research,
4 or principal administrative capacity performed for an
5 institution of higher education, for any week which begins
6 during the period between two successive academic years, or
7 during a similar period between two regular terms, whether or
8 not successive, or during a period of paid sabbatical leave
9 provided for in the individual's contract, if the individual
10 has a contract or contracts to perform services in any such
11 capacity for any institution or institutions of higher
12 education for both such academic years or both such terms.
13 This paragraph 1 shall apply with respect to any week
14 which begins prior to January 1, 1978.
15 2. An individual shall be ineligible for benefits,
16 on the basis of wages for service in employment in any
17 capacity other than those referred to in paragraph 1,
18 performed for an institution of higher learning, for any
19 week which begins after September 30, 1983, during a
20 period between two successive academic years or terms, if
21 the individual performed such service in the first of
22 such academic years or terms and there is a reasonable
23 assurance that the individual will perform such service
24 in the second of such academic years or terms.
25 3. An individual shall be ineligible for benefits,
26 on the basis of wages for service in employment in any
27 capacity other than those referred to in paragraph 1,
28 performed for an institution of higher education, for any
29 week which begins after January 5, 1985, during an
30 established and customary vacation period or holiday
31 recess, if the individual performed such service in the
32 period immediately before such vacation period or holiday
33 recess and there is a reasonable assurance that the
34 individual will perform such service in the period
-5- LRB9111160WHcs
1 immediately following such vacation period or holiday
2 recess.
3 B. Benefits based on wages for services which are
4 employment under the provisions of Sections 211.1 and 211.2
5 shall be payable in the same amount, on the same terms, and
6 subject to the same conditions, as benefits payable on the
7 basis of wages for other services which are employment under
8 this Act, except that: 1. an individual shall be ineligible
9 for benefits, on the basis of wages for service in employment
10 in an instructional, research, or principal administrative
11 capacity performed for an educational institution, for any
12 week which begins after December 31, 1977, during a period
13 between two successive academic years, or during a similar
14 period between two regular terms, whether or not successive,
15 or during a period of paid sabbatical leave provided for in
16 the individual's contract, if the individual performed such
17 service in the first of such academic years (or terms) and if
18 there is a contract or a reasonable assurance that the
19 individual will perform service in any such capacity for any
20 educational institution in the second of such academic years
21 (or terms).
22 2. An individual shall be ineligible for benefits,
23 on the basis of wages for service in employment in any
24 capacity other than those referred to in paragraph 1,
25 performed for an educational institution, for any week
26 which begins after December 31, 1977, during a period
27 between two successive academic years or terms, if the
28 individual performed such service in the first of such
29 academic years or terms and there is a reasonable
30 assurance that the individual will perform such service
31 in the second of such academic years or terms.
32 3. An individual shall be ineligible for benefits,
33 on the basis of wages for service in employment in any
34 capacity performed for an educational institution, for
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1 any week which begins after January 5, 1985, during an
2 established and customary vacation period or holiday
3 recess, if the individual performed such service in the
4 period immediately before such vacation period or holiday
5 recess and there is a reasonable assurance that the
6 individual will perform such service in the period
7 immediately following such vacation period or holiday
8 recess.
9 4. An individual shall be ineligible for benefits
10 on the basis of wages for service in employment in any
11 capacity performed in an educational institution while in
12 the employ of an educational service agency for any week
13 which begins after January 5, 1985, (a) during a period
14 between two successive academic years or terms, if the
15 individual performed such service in the first of such
16 academic years or terms and there is a reasonable
17 assurance that the individual will perform such service
18 in the second of such academic years or terms; and (b)
19 during an established and customary vacation period or
20 holiday recess, if the individual performed such service
21 in the period immediately before such vacation period or
22 holiday recess and there is a reasonable assurance that
23 the individual will perform such service in the period
24 immediately following such vacation period or holiday
25 recess. The term "educational service agency" means a
26 governmental agency or governmental entity which is
27 established and operated exclusively for the purpose of
28 providing such services to one or more educational
29 institutions.
30 C. 1. If benefits are denied to any individual under the
31 provisions of paragraph 1 2 of either subsection A or B of
32 this Section for any week which begins on or after September
33 3, 1982 and such individual is not offered a bona fide
34 opportunity to perform such services for the educational
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1 institution for the second of such academic years or terms,
2 such individual shall be entitled to a retroactive payment of
3 benefits for each week for which the individual filed a
4 timely claim for benefits as determined by the rules and
5 regulations issued by the Director for the filing of claims
6 for benefits, provided that such benefits were denied solely
7 because of the provisions of paragraph 1 2 of either
8 subsection A or B of this Section.
9 2. If benefits on the basis of wages for service in
10 employment in other than an instructional, research, or
11 principal administrative capacity performed in an educational
12 institution while in the employ of an educational service
13 agency are denied to any individual under the provisions of
14 subparagraph (a) of paragraph 3 4 of subsection B and such
15 individual is not offered a bona fide opportunity to perform
16 such services in an educational institution while in the
17 employ of an educational service agency for the second of
18 such academic years or terms, such individual shall be
19 entitled to a retroactive payment of benefits for each week
20 for which the individual filed a timely claim for benefits as
21 determined by the rules and regulations issued by the
22 Director for the filing of claims for benefits, provided that
23 such benefits were denied solely because of subparagraph (a)
24 of paragraph 3 4 of subsection B of this Section.
25 (Source: P.A. 87-1178.)