Illinois General Assembly - Full Text of Public Act 093-1012
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Public Act 093-1012


 

Public Act 1012 93RD GENERAL ASSEMBLY



 


 
Public Act 093-1012
 
SB2547 Enrolled LRB093 19689 WGH 45430 b

    AN ACT concerning employment.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Unemployment Insurance Act is amended by
changing Section 1502.1 as follows:
 
    (820 ILCS 405/1502.1)  (from Ch. 48, par. 572.1)
    Sec. 1502.1. Employer's benefit charges.
    A. Benefit charges which result from payments to any
claimant made on or after July 1, 1989 shall be charged:
        1. For benefit years beginning prior to July 1, 1989,
    to each employer who paid wages to the claimant during his
    base period;
        2. For benefit years beginning on or after July 1, 1989
    but before January 1, 1993, to the later of:
            a. the last employer prior to the beginning of the
        claimant's benefit year:
                i. from whom the claimant was separated or who,
            by reduction of work offered, caused the claimant
            to become unemployed as defined in Section 239,
            and,
                ii. for whom the claimant performed services
            in employment, on each of 30 days whether or not
            such days are consecutive, provided that the wages
            for such services were earned during the period
            from the beginning of the claimant's base period to
            the beginning of the claimant's benefit year; but
            that employer shall not be charged if:
                    (1) the claimant's last separation from
                that employer was a voluntary leaving without
                good cause, as the term is used in Section 601A
                or under the circumstances described in
                paragraphs 1 and 2 of Section 601B; or
                    (2) the claimant's last separation from
                that employer was a discharge for misconduct or
                a felony or theft connected with his work from
                that employer, as these terms are used in
                Section 602; or
                    (3) after his last separation from that
                employer, prior to the beginning of his benefit
                year, the claimant refused to accept an offer
                of or to apply for suitable work from that
                employer without good cause, as these terms are
                used in Section 603; or
                    (4) the claimant, following his last
                separation from that employer, prior to the
                beginning of his benefit year, is ineligible or
                would have been ineligible under Section 612 if
                he has or had had base period wages from the
                employers to which that Section applies; or
                    (5) the claimant subsequently performed
                services for at least 30 days for an individual
                or organization which is not an employer
                subject to this Act; or
            b. the single employer who pays wages to the
        claimant that allow him to requalify for benefits after
        disqualification under Section 601, 602 or 603, if:
                i. the disqualifying event occurred prior to
            the beginning of the claimant's benefit year, and
                ii. the requalification occurred after the
            beginning of the claimant's benefit year, and
                iii. even if the 30 day requirement given in
            this paragraph is not satisfied; but
                iv. the requalifying employer shall not be
            charged if the claimant is held ineligible with
            respect to that requalifying employer under
            Section 601, 602 or 603.
        3. For benefit years beginning on or after January 1,
    1993, with respect to each week for which benefits are
    paid, to the later of:
            a. the last employer:
                i. from whom the claimant was separated or who,
            by reduction of work offered, caused the claimant
            to become unemployed as defined in Section 239, and
                ii. for whom the claimant performed services
            in employment, on each of 30 days whether or not
            such days are consecutive, provided that the wages
            for such services were earned since the beginning
            of the claimant's base period; but that employer
            shall not be charged if:
                    (1) the claimant's separation from that
                employer was a voluntary leaving without good
                cause, as the term is used in Section 601A or
                under the circumstances described in
                paragraphs 1, 2, and 6 of Section 601B; or
                    (2) the claimant's separation from that
                employer was a discharge for misconduct or a
                felony or theft connected with his work from
                that employer, as these terms are used in
                Section 602; or
                    (3) the claimant refused to accept an
                offer of or to apply for suitable work from
                that employer without good cause, as these
                terms are used in Section 603 (but only for
                weeks following the refusal of work); or
                    (4) the claimant subsequently performed
                services for at least 30 days for an individual
                or organization which is not an employer
                subject to this Act; or
                    (5) the claimant, following his separation
                from that employer, is ineligible or would have
                been ineligible under Section 612 if he has or
                had had base period wages from the employers to
                which that Section applies (but only for the
                period of ineligibility or potential
                ineligibility); or
            b. the single employer who pays wages to the
        claimant that allow him to requalify for benefits after
        disqualification under Section 601, 602, or 603, even
        if the 30 day requirement given in this paragraph is
        not satisfied; but the requalifying employer shall not
        be charged if the claimant is held ineligible with
        respect to that requalifying employer under Section
        601, 602, or 603.
    B. Whenever a claimant is ineligible pursuant to Section
614 on the basis of wages paid during his base period, any days
on which such wages were earned shall not be counted in
determining whether that claimant performed services during at
least 30 days for the employer that paid such wages as required
by paragraphs 2 and 3 of subsection A.
    C. If no employer meets the requirements of paragraph 2 or
3 of subsection A, then no employer will be chargeable for any
benefit charges which result from the payment of benefits to
the claimant for that benefit year.
    D. Notwithstanding the preceding provisions of this
Section, no employer shall be chargeable for any benefit
charges which result from the payment of benefits to any
claimant after the effective date of this amendatory Act of
1992 where the claimant's separation from that employer
occurred as a result of his detention, incarceration, or
imprisonment under State, local, or federal law.
    D-1. Notwithstanding any other provision of this Section,
an employer shall not be chargeable for any benefit charges
which result from the payment of benefits to an individual for
any week of unemployment during the period that the employer's
business is closed solely because of the entrance of the
employer, one or more of the partners or officers of the
employer, or the majority stockholder of the employer into
active duty in the Illinois National Guard or the Armed Forces
of the United States.
    E. For the purposes of Sections 302, 409, 701, 1403, 1404,
1405 and 1508.1, last employer means the employer that:
        1. is charged for benefit payments which become benefit
    charges under this Section, or
        2. would have been liable for such benefit charges if
    it had not elected to make payments in lieu of
    contributions.
(Source: P.A. 93-634, eff. 1-1-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/24/2004