Rep. Jay Hoffman

Filed: 10/20/2017

 

 


 

 


 
10000SB1381ham002LRB100 08310 KTG 30185 a

1
AMENDMENT TO SENATE BILL 1381

2    AMENDMENT NO. ______. Amend Senate Bill 1381, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Unemployment Insurance Act is amended by
6changing Sections 401, 403, 1505, and 1506.6 as follows:
 
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 2020 2018, an individual's weekly
13benefit amount shall be 40.3% 42.9% of his or her prior average
14weekly wage, rounded (if not already a multiple of one dollar)
15to the next higher dollar; provided, however, that the weekly
16benefit amount cannot exceed the maximum weekly benefit amount
17and cannot be less than $51.
18    2. For the purposes of this subsection:
19    An individual's "prior average weekly wage" means the total
20wages for insured work paid to that individual during the 2
21calendar quarters of his base period in which such total wages
22were highest, divided by 26. If the quotient is not already a
23multiple of one dollar, it shall be rounded to the nearest
24dollar; however if the quotient is equally near 2 multiples of
25one dollar, it shall be rounded to the higher multiple of one
26dollar.

 

 

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1    "Determination date" means June 1 and December 1 of each
2calendar year except that, for the purposes of this Act only,
3there shall be no June 1 determination date in any year.
4    "Determination period" means, with respect to each June 1
5determination date, the 12 consecutive calendar months ending
6on the immediately preceding December 31 and, with respect to
7each December 1 determination date, the 12 consecutive calendar
8months ending on the immediately preceding June 30.
9    "Benefit period" means the 12 consecutive calendar month
10period beginning on the first day of the first calendar month
11immediately following a determination date, except that, with
12respect to any calendar year in which there is a June 1
13determination date, "benefit period" shall mean the 6
14consecutive calendar month period beginning on the first day of
15the first calendar month immediately following the preceding
16December 1 determination date and the 6 consecutive calendar
17month period beginning on the first day of the first calendar
18month immediately following the June 1 determination date.
19    "Gross wages" means all the wages paid to individuals
20during the determination period immediately preceding a
21determination date for insured work, and reported to the
22Director by employers prior to the first day of the third
23calendar month preceding that date.
24    "Covered employment" for any calendar month means the total
25number of individuals, as determined by the Director, engaged
26in insured work at mid-month.

 

 

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1    "Average monthly covered employment" means one-twelfth of
2the sum of the covered employment for the 12 months of a
3determination period.
4    "Statewide average annual wage" means the quotient,
5obtained by dividing gross wages by average monthly covered
6employment for the same determination period, rounded (if not
7already a multiple of one cent) to the nearest cent.
8    "Statewide average weekly wage" means the quotient,
9obtained by dividing the statewide average annual wage by 52,
10rounded (if not already a multiple of one cent) to the nearest
11cent. Notwithstanding any provision of this Section to the
12contrary, the statewide average weekly wage for any benefit
13period prior to calendar year 2012 shall be as determined by
14the provisions of this Act as amended and in effect on November
1518, 2011. Notwithstanding any provisions of this Section to the
16contrary, the statewide average weekly wage for the benefit
17period of calendar year 2012 shall be $856.55 and for each
18calendar year thereafter, the statewide average weekly wage
19shall be the statewide average weekly wage, as determined in
20accordance with this sentence, for the immediately preceding
21benefit period plus (or minus) an amount equal to the
22percentage change in the statewide average weekly wage, as
23computed in accordance with the first sentence of this
24paragraph, between the 2 immediately preceding benefit
25periods, multiplied by the statewide average weekly wage, as
26determined in accordance with this sentence, for the

 

 

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1immediately preceding benefit period. However, for purposes of
2the Workers' Compensation Act, the statewide average weekly
3wage will be computed using June 1 and December 1 determination
4dates of each calendar year and such determination shall not be
5subject to the limitation of the statewide average weekly wage
6as computed in accordance with the preceding sentence of this
7paragraph.
8    With respect to any week beginning in a benefit year
9beginning prior to January 4, 2004, "maximum weekly benefit
10amount" with respect to each week beginning within a benefit
11period shall be as defined in the provisions of this Act as
12amended and in effect on November 18, 2011.
13    With respect to any benefit year beginning on or after
14January 4, 2004 and before January 6, 2008, "maximum weekly
15benefit amount" with respect to each week beginning within a
16benefit period means 48% of the statewide average weekly wage,
17rounded (if not already a multiple of one dollar) to the next
18higher dollar.
19    Except as otherwise provided in this Section, with respect
20to any benefit year beginning on or after January 6, 2008,
21"maximum weekly benefit amount" with respect to each week
22beginning within a benefit period means 47% of the statewide
23average weekly wage, rounded (if not already a multiple of one
24dollar) to the next higher dollar.
25    With respect to any benefit year beginning in calendar year
262020 2018, "maximum weekly benefit amount" with respect to each

 

 

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1week beginning within a benefit period means 40.3% 42.9% of the
2statewide average weekly wage, rounded (if not already a
3multiple of one dollar) to the next higher dollar.
4    C. With respect to any week beginning in a benefit year
5beginning prior to January 4, 2004, an individual's eligibility
6for a dependent allowance with respect to a nonworking spouse
7or one or more dependent children shall be as defined by the
8provisions of this Act as amended and in effect on November 18,
92011.
10    With respect to any benefit year beginning on or after
11January 4, 2004 and before January 6, 2008, an individual to
12whom benefits are payable with respect to any week shall, in
13addition to those benefits, be paid, with respect to such week,
14as follows: in the case of an individual with a nonworking
15spouse, 9% of his or her prior average weekly wage, rounded (if
16not already a multiple of one dollar) to the next higher
17dollar, provided, that the total amount payable to the
18individual with respect to a week shall not exceed 57% of the
19statewide average weekly wage, rounded (if not already a
20multiple of one dollar) to the next higher dollar; and in the
21case of an individual with a dependent child or dependent
22children, 17.2% of his or her prior average weekly wage,
23rounded (if not already a multiple of one dollar) to the next
24higher dollar, provided that the total amount payable to the
25individual with respect to a week shall not exceed 65.2% of the
26statewide average weekly wage, rounded (if not already a

 

 

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

 

 

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1    Except as otherwise provided in this Section, with respect
2to any benefit year beginning on or after January 1, 2010, an
3individual to whom benefits are payable with respect to any
4week shall, in addition to those benefits, be paid, with
5respect to such week, as follows: in the case of an individual
6with a nonworking spouse, the greater of (i) 9% of his or her
7prior average weekly wage, rounded (if not already a multiple
8of one dollar) to the next higher dollar, or (ii) $15, provided
9that the total amount payable to the individual with respect to
10a week shall not exceed 56% of the statewide average weekly
11wage, rounded (if not already a multiple of one dollar) to the
12next higher dollar; and in the case of an individual with a
13dependent child or dependent children, the greater of (i) the
14product of the dependent child allowance rate multiplied by his
15or her prior average weekly wage, rounded (if not already a
16multiple of one dollar) to the next higher dollar, or (ii) the
17lesser of $50 or 50% of his or her weekly benefit amount,
18rounded (if not already a multiple of one dollar) to the next
19higher dollar, provided that the total amount payable to the
20individual with respect to a week shall not exceed the product
21of the statewide average weekly wage multiplied by the sum of
2247% plus the dependent child allowance rate, rounded (if not
23already a multiple of one dollar) to the next higher dollar.
24    With respect to any benefit year beginning in calendar year
252020 2018, an individual to whom benefits are payable with
26respect to any week shall, in addition to those benefits, be

 

 

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1paid, with respect to such week, as follows: in the case of an
2individual with a nonworking spouse, the greater of (i) 9% of
3his or her prior average weekly wage, rounded (if not already a
4multiple of one dollar) to the next higher dollar, or (ii) $15,
5provided that the total amount payable to the individual with
6respect to a week shall not exceed 49.3% 51.9% of the statewide
7average weekly wage, rounded (if not already a multiple of one
8dollar) to the next higher dollar; and in the case of an
9individual with a dependent child or dependent children, the
10greater of (i) the product of the dependent child allowance
11rate multiplied by his or her prior average weekly wage,
12rounded (if not already a multiple of one dollar) to the next
13higher dollar, or (ii) the lesser of $50 or 50% of his or her
14weekly benefit amount, rounded (if not already a multiple of
15one dollar) to the next higher dollar, provided that the total
16amount payable to the individual with respect to a week shall
17not exceed the product of the statewide average weekly wage
18multiplied by the sum of 40.3% 42.9% plus the dependent child
19allowance rate, rounded (if not already a multiple of one
20dollar) to the next higher dollar.
21    With respect to each benefit year beginning after calendar
22year 2012, the dependent child allowance rate shall be the sum
23of the allowance adjustment applicable pursuant to Section
241400.1 to the calendar year in which the benefit year begins,
25plus the dependent child allowance rate with respect to each
26benefit year beginning in the immediately preceding calendar

 

 

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1year, except as otherwise provided in this subsection. The
2dependent child allowance rate with respect to each benefit
3year beginning in calendar year 2010 shall be 17.9%. The
4dependent child allowance rate with respect to each benefit
5year beginning in calendar year 2011 shall be 17.4%. The
6dependent child allowance rate with respect to each benefit
7year beginning in calendar year 2012 shall be 17.0% and, with
8respect to each benefit year beginning after calendar year
92012, shall not be less than 17.0% or greater than 17.9%.
10    For the purposes of this subsection:
11    "Dependent" means a child or a nonworking spouse.
12    "Child" means a natural child, stepchild, or adopted child
13of an individual claiming benefits under this Act or a child
14who is in the custody of any such individual by court order,
15for whom the individual is supplying and, for at least 90
16consecutive days (or for the duration of the parental
17relationship if it has existed for less than 90 days)
18immediately preceding any week with respect to which the
19individual has filed a claim, has supplied more than one-half
20the cost of support, or has supplied at least 1/4 of the cost
21of support if the individual and the other parent, together,
22are supplying and, during the aforesaid period, have supplied
23more than one-half the cost of support, and are, and were
24during the aforesaid period, members of the same household; and
25who, on the first day of such week (a) is under 18 years of age,
26or (b) is, and has been during the immediately preceding 90

 

 

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1days, unable to work because of illness or other disability:
2provided, that no person who has been determined to be a child
3of an individual who has been allowed benefits with respect to
4a week in the individual's benefit year shall be deemed to be a
5child of the other parent, and no other person shall be
6determined to be a child of such other parent, during the
7remainder of that benefit year.
8    "Nonworking spouse" means the lawful husband or wife of an
9individual claiming benefits under this Act, for whom more than
10one-half the cost of support has been supplied by the
11individual for at least 90 consecutive days (or for the
12duration of the marital relationship if it has existed for less
13than 90 days) immediately preceding any week with respect to
14which the individual has filed a claim, but only if the
15nonworking spouse is currently ineligible to receive benefits
16under this Act by reason of the provisions of Section 500E.
17    An individual who was obligated by law to provide for the
18support of a child or of a nonworking spouse for the aforesaid
19period of 90 consecutive days, but was prevented by illness or
20injury from doing so, shall be deemed to have provided more
21than one-half the cost of supporting the child or nonworking
22spouse for that period.
23(Source: P.A. 99-488, eff. 12-4-15.)
 
24    (820 ILCS 405/403)  (from Ch. 48, par. 403)
25    Sec. 403. Maximum total amount of benefits.

 

 

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1    A. With respect to any benefit year beginning prior to
2September 30, 1979, any otherwise eligible individual shall be
3entitled, during such benefit year, to a maximum total amount
4of benefits as shall be determined in the manner set forth in
5this Act as amended and in effect on November 9, 1977.
6    B. With respect to any benefit year beginning on or after
7September 30, 1979, except as otherwise provided in this
8Section, any otherwise eligible individual shall be entitled,
9during such benefit year, to a maximum total amount of benefits
10equal to 26 times his or her weekly benefit amount plus
11dependents' allowances, or to the total wages for insured work
12paid to such individual during the individual's base period,
13whichever amount is smaller. With respect to any benefit year
14beginning in calendar year 2012, any otherwise eligible
15individual shall be entitled, during such benefit year, to a
16maximum total amount of benefits equal to 25 times his or her
17weekly benefit amount plus dependents' allowances, or to the
18total wages for insured work paid to such individual during the
19individual's base period, whichever amount is smaller. If the
20maximum amount includable as "wages" pursuant to Section 235 is
21$13,560 with respect to calendar year 2013, then, with respect
22to any benefit year beginning after March 31, 2013 and before
23April 1, 2014, any otherwise eligible individual shall be
24entitled, during such benefit year, to a maximum total amount
25of benefits equal to 25 times his or her weekly benefit amount
26plus dependents allowances, or to the total wages for insured

 

 

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1work paid to such individual during the individual's base
2period, whichever amount is smaller. With respect to any
3benefit year beginning in calendar year 2020 2018, any
4otherwise eligible individual shall be entitled, during such
5benefit year, to a maximum total amount of benefits equal to 24
6times his or her weekly benefit amount plus dependents'
7allowances, or to the total wages for insured work paid to such
8individual during the individual's base period, whichever
9amount is smaller.
10(Source: P.A. 99-488, eff. 12-4-15.)
 
11    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
12    Sec. 1505. Adjustment of state experience factor. The state
13experience factor shall be adjusted in accordance with the
14following provisions:
15    A. For calendar years prior to 1988, the state experience
16factor shall be adjusted in accordance with the provisions of
17this Act as amended and in effect on November 18, 2011.
18    B. (Blank).
19    C. For calendar year 1988 and each calendar year
20thereafter, for which the state experience factor is being
21determined.
22        1. For every $50,000,000 (or fraction thereof) by which
23    the adjusted trust fund balance falls below the target
24    balance set forth in this subsection, the state experience
25    factor for the succeeding year shall be increased one

 

 

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

 

 

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1        For the purpose of determining the state experience
2    factor for 1989 and for each calendar year thereafter, the
3    following "benefit reserves for fund building" shall apply
4    for each state experience factor calculation in which that
5    12 month period is applicable:
6            a. For the 12 month period ending on June 30, 1988,
7        the "benefit reserve for fund building" shall be
8        8/104th of the total benefits paid from January 1, 1988
9        through June 30, 1988.
10            b. For the 12 month period ending on June 30, 1989,
11        the "benefit reserve for fund building" shall be the
12        sum of:
13                i. 8/104ths of the total benefits paid from
14            July 1, 1988 through December 31, 1988, plus
15                ii. 4/108ths of the total benefits paid from
16            January 1, 1989 through June 30, 1989.
17            c. For the 12 month period ending on June 30, 1990,
18        the "benefit reserve for fund building" shall be
19        4/108ths of the total benefits paid from July 1, 1989
20        through December 31, 1989.
21            d. For 1992 and for each calendar year thereafter,
22        the "benefit reserve for fund building" for the 12
23        month period ending on June 30, 1991 and for each
24        subsequent 12 month period shall be zero.
25        3. Notwithstanding the preceding provisions of this
26    subsection, for calendar years 1988 through 2003, the state

 

 

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

 

 

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1    preceding the calendar year for which the adjusted state
2    experience factor is being determined;
3        5. Shall be 100% for calendar years 1996, 1997, and
4    1998.
5    D-1. The adjusted state experience factor for each of
6calendar years 2013 through 2015 shall be increased by 5%
7absolute above the adjusted state experience factor as
8calculated without regard to this subsection. The adjusted
9state experience factor for each of calendar years 2016 through
102018 shall be increased by 6% absolute above the adjusted state
11experience factor as calculated without regard to this
12subsection. The increase in the adjusted state experience
13factor for calendar year 2018 pursuant to this subsection shall
14not be counted for purposes of applying paragraph 3 or 4 of
15subsection D to the calculation of the adjusted state
16experience factor for calendar year 2019.
17    D-2. (Blank).
18    D-3. The adjusted state experience factor for calendar year
192020 2018 shall be increased by 21% 19% absolute above the
20adjusted state experience factor as calculated without regard
21to this subsection. The increase in the adjusted state
22experience factor for calendar year 2020 2018 pursuant to this
23subsection shall not be counted for purposes of applying
24paragraph 3 or 4 of subsection D to the calculation of the
25adjusted state experience factor for calendar year 2021 2019.
26    E. The amount standing to the credit of this State's

 

 

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1account in the unemployment trust fund as of June 30 shall be
2deemed to include as part thereof (a) any amount receivable on
3that date from any Federal governmental agency, or as a payment
4in lieu of contributions under the provisions of Sections 1403
5and 1405 B and paragraph 2 of Section 302C, in reimbursement of
6benefits paid to individuals, and (b) amounts credited by the
7Secretary of the Treasury of the United States to this State's
8account in the unemployment trust fund pursuant to Section 903
9of the Federal Social Security Act, as amended, including any
10such amounts which have been appropriated by the General
11Assembly in accordance with the provisions of Section 2100 B
12for expenses of administration, except any amounts which have
13been obligated on or before that date pursuant to such
14appropriation.
15(Source: P.A. 99-488, eff. 12-4-15.)
 
16    (820 ILCS 405/1506.6)
17    Sec. 1506.6. Surcharge; specified period. For each
18employer whose contribution rate for calendar year 2020 2018 is
19determined pursuant to Section 1500 or 1506.1, including but
20not limited to an employer whose contribution rate pursuant to
21Section 1506.1 is 0.0%, in addition to the contribution rate
22established pursuant to Section 1506.3, an additional
23surcharge of 0.425% 0.3% shall be added to the contribution
24rate. The surcharge established by this Section shall be due at
25the same time as other contributions with respect to the

 

 

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1quarter are due, as provided in Section 1400. Payments
2attributable to the surcharge established pursuant to this
3Section shall be contributions and deposited into the clearing
4account.
5(Source: P.A. 99-488, eff. 12-4-15.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".