Sen. Linda Holmes

Filed: 5/21/2020

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2455

2    AMENDMENT NO. ______. Amend House Bill 2455 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Works Jobs Program Act is amended
5by changing Section 20-25 as follows:
 
6    (30 ILCS 559/20-25)
7    Sec. 20-25. The Illinois Works Review Panel.
8    (a) The Illinois Works Review Panel is created and shall be
9comprised of 25 members, each serving 3-year terms. The Speaker
10of the House of Representatives and the President of the Senate
11shall each appoint 5 members within 30 days after the effective
12date of this amendatory Act of the 101st General Assembly. The
13Minority Leader of the House of Representatives and the
14Minority Leader of the Senate shall each appoint 5 members
15within 30 days after the effective date of this amendatory Act
16of the 101st General Assembly. The Director of Commerce and

 

 

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1Economic Opportunity, or his or her designee, shall serve as a
2member. The Governor shall appoint the following individuals to
3serve as members within 30 days after the effective date of
4this amendatory Act of the 101st General Assembly: a
5representative from a contractor organization; a
6representative from a labor organization; and 2 members of the
7public with workforce development expertise, one of whom shall
8be a representative of a nonprofit organization that addresses
9workforce development.
10    (b) The members of the Illinois Works Review Panel shall
11make recommendations to the Department regarding
12identification and evaluation of community-based
13organizations.
14    (c) The Illinois Works Review Panel shall meet, at least
15quarterly, to review and evaluate (i) the Illinois Works
16Preapprenticeship Program and the Illinois Works
17Apprenticeship Initiative, (ii) ideas to diversify the trainee
18corps in the Illinois Works Preapprenticeship Program and the
19workforce in the construction industry in Illinois, (iii) ideas
20to increase diversity in active apprenticeship programs in
21Illinois, and (iv) workforce demographic data collected by the
22Illinois Department of Labor. The Illinois Works Review Panel
23shall hold its initial meeting no later than 45 days after the
24effective date of this amendatory Act of the 101st General
25Assembly.
26    (d) All State contracts and grant agreements funding State

 

 

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1contracts shall include a requirement that the contractor and
2subcontractor shall, upon reasonable notice, appear before and
3respond to requests for information from the Illinois Works
4Review Panel.
5    (e) By August 1, 2020, and every August 1 thereafter, the
6Illinois Works Review Panel shall report to the General
7Assembly on its evaluation of the Illinois Works
8Preapprenticeship Program and the Illinois Works
9Apprenticeship Initiative, including any recommended
10modifications.
11(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
 
12    Section 10. The Illinois Pension Code is amended by
13changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
 
14    (40 ILCS 5/5-144)  (from Ch. 108 1/2, par. 5-144)
15    Sec. 5-144. Death from injury in the performance of acts of
16duty; compensation annuity and supplemental annuity.
17    (a) Beginning January 1, 1986, and without regard to
18whether or not the annuity in question began before that date,
19if the annuity for the widow of a policeman whose death, on or
20after January 1, 1940, results from injury incurred in the
21performance of an act or acts of duty, is not equal to the sum
22hereinafter stated, "compensation annuity" equal to the
23difference between the annuity and an amount equal to 75% of
24the policeman's salary attached to the position he held by

 

 

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1certification and appointment as a result of competitive civil
2service examination that would ordinarily have been paid to him
3as though he were in active discharge of his duties shall be
4payable to the widow until the policeman, had he lived, would
5have attained age 63. The total amount of the widow's annuity
6and children's awards payable to the family of such policeman
7shall not exceed the amounts stated in Section 5-152.
8    For the purposes of this Section only, the death of any
9policeman as a result of the exposure to and contraction of
10COVID-19, as evidenced by either (i) a confirmed positive
11laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
12confirmed diagnosis of COVID-19 from a licensed medical
13professional, shall be rebuttably presumed to have been
14contracted while in the performance of an act or acts of duty
15and the policeman shall be rebuttably presumed to have been
16fatally injured while in active service. The presumption shall
17apply to any policeman who was exposed to and contracted
18COVID-19 on or after March 9, 2020 and on or before December
1931, 2020; except that the presumption shall not apply if the
20policeman was on a leave of absence from his or her employment
21or otherwise not required to report for duty for a period of 14
22or more consecutive days immediately prior to the date of
23contraction of COVID-19. For the purposes of determining when a
24policeman contracted COVID-19 under this paragraph, the date of
25contraction is either the date that the policeman was diagnosed
26with COVID-19 or was unable to work due to symptoms that were

 

 

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1later diagnosed as COVID-19, whichever occurred first.
2    The provisions of this Section, as amended by Public Act
384-1104, including the reference to the date upon which the
4deceased policeman would have attained age 63, shall apply to
5all widows of policemen whose death occurs on or after January
61, 1940 due to injury incurred in the performance of an act of
7duty, regardless of whether such death occurred prior to
8September 17, 1969. For those widows of policemen that died
9prior to September 17, 1969, who became eligible for
10compensation annuity by the action of Public Act 84-1104, such
11compensation annuity shall begin and be calculated from January
121, 1986. The provisions of this amendatory Act of 1987 are
13intended to restate and clarify the intent of Public Act
1484-1104, and do not make any substantive change.
15    (b) Upon termination of the compensation annuity,
16"supplemental annuity" shall become payable to the widow, equal
17to the difference between the annuity for the widow and an
18amount equal to 75% of the annual salary (including all salary
19increases and longevity raises) that the policeman would have
20been receiving when he attained age 63 if the policeman had
21continued in service at the same rank (whether career service
22or exempt) that he last held in the police department. The
23increase in supplemental annuity resulting from this
24amendatory Act of the 92nd General Assembly applies without
25regard to whether the deceased policeman was in service on or
26after the effective date of this amendatory Act and is payable

 

 

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1from July 1, 2002 or the date upon which the supplemental
2annuity begins, whichever is later.
3    (c) Neither compensation nor supplemental annuity shall be
4paid unless the death of the policeman was a direct result of
5the injury, or the injury was of such character as to prevent
6him from subsequently resuming service as a policeman; nor
7shall compensation or supplemental annuity be paid unless the
8widow was the wife of the policeman when the injury occurred.
9(Source: P.A. 92-599, eff. 6-28-02.)
 
10    (40 ILCS 5/5-153)  (from Ch. 108 1/2, par. 5-153)
11    Sec. 5-153. Death benefit.
12    (a) Effective January 1, 1962, an ordinary death benefit is
13payable on account of any policeman in service and in receipt
14of salary on or after such date, which benefit is in addition
15to all other annuities and benefits herein provided. This
16benefit is payable upon death of a policeman:
17        (1) occurring in active service while in receipt of
18    salary;
19        (2) on an authorized and approved leave of absence,
20    without salary, beginning on or after January 1, 1962, if
21    the death occurs within 60 days from the date the employee
22    was in receipt of salary; or otherwise in the service and
23    not separated by resignation or discharge beginning
24    January 1, 1962 if death occurs before his resignation or
25    discharge from the service;

 

 

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1        (3) receiving duty disability or ordinary disability
2    benefit;
3        (4) occurring within 60 days from the date of
4    termination of duty disability or ordinary disability
5    benefit payments if re-entry into service had not occurred;
6    or
7        (5) occurring on retirement and while in receipt of an
8    age and service annuity, Tier 2 monthly retirement annuity,
9    or prior service annuity; provided (a) retirement on such
10    annuity occurred on or after January 1, 1962, and (b) such
11    separation from service was effective on or after the
12    policeman's attainment of age 50, and (c) application for
13    such annuity was made within 60 days after separation from
14    service.
15    (b) The ordinary death benefit is payable to such
16beneficiary or beneficiaries as the policeman has nominated by
17written direction duly signed and acknowledged before an
18officer authorized to take acknowledgments, and filed with the
19board. If no such written direction has been filed or if the
20designated beneficiaries do not survive the policeman, payment
21of the benefit shall be made to his estate.
22    (c) Until December 31, 1977, if death occurs prior to
23retirement on annuity and before the policeman's attainment of
24age 50, the amount of the benefit payable is $6,000. If death
25occurs prior to retirement, at age 50 or over, the benefit of
26$6,000 shall be reduced $400 for each year (commencing on the

 

 

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1policeman's attainment of age 50, and thereafter on each
2succeeding birthdate) that the policeman's age, at date of
3death, is more than age 50, but in no event below the amount of
4$2,000. However, if death results from injury incurred in the
5performance of an act or acts of duty, prior to retirement on
6annuity, the amount of the benefit payable is $6,000
7notwithstanding the age attained.
8    Until December 31, 1977, if the policeman's death occurs
9while he is in receipt of an annuity, the benefit is $2,000 if
10retirement was effective upon attainment of age 55 or greater.
11If the policeman retired at age 50 or over and before age 55,
12the benefit of $2,000 shall be reduced $100 for each year or
13fraction of a year that the policeman's age at retirement was
14less than age 55 to a minimum payment of $1,500.
15    After December 31, 1977, and on or before January 1, 1986,
16if death occurs prior to retirement on annuity and before the
17policeman's attainment of age 50, the amount of the benefit
18payable is $7,000. If death occurs prior to retirement, at age
1950 or over, the benefit of $7,000 shall be reduced $400 for
20each year (commencing on the policeman's attainment of age 50,
21and thereafter on each succeeding birthdate) that the
22policeman's age, at date of death, is more than age 50, but in
23no event below the amount of $3,000. However, if death results
24from injury incurred in the performance of an act or acts of
25duty, prior to retirement on annuity, the amount of the benefit
26payable is $7,000 notwithstanding the age attained.

 

 

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1    After December 31, 1977, and on or before January 1, 1986,
2if the policeman's death occurs while he is in receipt of an
3annuity, the benefit is $2,250 if retirement was effective upon
4attainment of age 55 or greater. If the policeman retired at
5age 50 or over and before age 55, the benefit of $2,250 shall
6be reduced $100 for each year or fraction of a year that the
7policeman's age at retirement was less than age 55 to a minimum
8payment of $1,750.
9    After January 1, 1986, if death occurs prior to retirement
10on annuity and before the policeman's attainment of age 50, the
11amount of benefit payable is $12,000. If death occurs prior to
12retirement, at age 50 or over, the benefit of $12,000 shall be
13reduced $400 for each year (commencing on the policeman's
14attainment of age 50, and thereafter on each succeeding
15birthdate) that the policeman's age, at date of death, is more
16than age 50, but in no event below the amount of $6,000.
17However, if death results from injury in the performance of an
18act or acts of duty, prior to retirement on annuity, the amount
19of benefit payable is $12,000 notwithstanding the age attained.
20    After January 1, 1986, if the policeman's death occurs
21while he is in receipt of an annuity, the benefit is $6,000.
22    (d) For the purposes of this Section only, the death of any
23policeman as a result of the exposure to and contraction of
24COVID-19, as evidenced by either (i) a confirmed positive
25laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
26confirmed diagnosis of COVID-19 from a licensed medical

 

 

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1professional, shall be rebuttably presumed to have been
2contracted while in the performance of an act or acts of duty
3and the policeman shall be rebuttably presumed to have been
4fatally injured while in active service. The presumption shall
5apply to any policeman who was exposed to and contracted
6COVID-19 on or after March 9, 2020 and on or before December
731, 2020; except that the presumption shall not apply if the
8policeman was on a leave of absence from his or her employment
9or otherwise not required to report for duty for a period of 14
10or more consecutive days immediately prior to the date of
11contraction of COVID-19. For the purposes of determining when a
12policeman contracted COVID-19 under this subsection, the date
13of contraction is either the date that the policeman was
14diagnosed with COVID-19 or was unable to work due to symptoms
15that were later diagnosed as COVID-19, whichever occurred
16first.
17(Source: P.A. 99-905, eff. 11-29-16.)
 
18    (40 ILCS 5/6-140)  (from Ch. 108 1/2, par. 6-140)
19    Sec. 6-140. Death in the line of duty.
20    (a) The annuity for the widow of a fireman whose death
21results from the performance of an act or acts of duty shall be
22an amount equal to 50% of the current annual salary attached to
23the classified position to which the fireman was certified at
24the time of his death and 75% thereof after December 31, 1972.
25    Unless the performance of an act or acts of duty results

 

 

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1directly in the death of the fireman, or prevents him from
2subsequently resuming active service in the fire department,
3the annuity herein provided shall not be paid; nor shall such
4annuities be paid unless the widow was the wife of the fireman
5at the time of the act or acts of duty which resulted in his
6death.
7    For the purposes of this Section only, the death of any
8fireman as a result of the exposure to and contraction of
9COVID-19, as evidenced by either (i) a confirmed positive
10laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
11confirmed diagnosis of COVID-19 from a licensed medical
12professional, shall be rebuttably presumed to have been
13contracted while in the performance of an act or acts of duty
14and the fireman shall be rebuttably presumed to have been
15fatally injured while in active service. The presumption shall
16apply to any fireman who was exposed to and contracted COVID-19
17on or after March 9, 2020 and on or before December 31, 2020;
18except that the presumption shall not apply if the fireman was
19on a leave of absence from his or her employment or otherwise
20not required to report for duty for a period of 14 or more
21consecutive days immediately prior to the date of contraction
22of COVID-19. For the purposes of determining when a fireman
23contracted COVID-19 under this paragraph, the date of
24contraction is either the date that the fireman was diagnosed
25with COVID-19 or was unable to work due to symptoms that were
26later diagnosed as COVID-19, whichever occurred first.

 

 

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1    (b) The changes made to this Section by this amendatory Act
2of the 92nd General Assembly apply without regard to whether
3the deceased fireman was in service on or after the effective
4date of this amendatory Act. In the case of a widow receiving
5an annuity under this Section that has been reduced to 40% of
6current salary because the fireman, had he lived, would have
7attained the age prescribed for compulsory retirement, the
8annuity shall be restored to the amount provided in subsection
9(a), with the increase beginning to accrue on the later of
10January 1, 2001 or the day the annuity first became payable.
11(Source: P.A. 92-50, eff. 7-12-01.)
 
12    (40 ILCS 5/6-150)  (from Ch. 108 1/2, par. 6-150)
13    Sec. 6-150. Death benefit.
14    (a) Effective January 1, 1962, an ordinary death benefit
15shall be payable on account of any fireman in service and in
16receipt of salary on or after such date, which benefit shall be
17in addition to all other annuities and benefits herein
18provided. This benefit shall be payable upon death of a
19fireman:
20        (1) occurring in active service while in receipt of
21    salary;
22        (2) on an authorized and approved leave of absence,
23    without salary, beginning on or after January 1, 1962, if
24    the death occurs within 60 days from the date the fireman
25    was in receipt of salary;

 

 

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1        (3) receiving duty, occupational disease, or ordinary
2    disability benefit;
3        (4) occurring within 60 days from the date of
4    termination of duty disability, occupational disease
5    disability or ordinary disability benefit payments if
6    re-entry into service had not occurred; or
7        (5) occurring on retirement and while in receipt of an
8    age and service annuity, prior service annuity, Tier 2
9    monthly retirement annuity, or minimum annuity; provided
10    (a) retirement on such annuity occurred on or after January
11    1, 1962, and (b) such separation from service was effective
12    on or after the fireman's attainment of age 50, and (c)
13    application for such annuity was made within 60 days after
14    separation from service.
15    (b) The ordinary death benefit shall be payable to such
16beneficiary or beneficiaries as the fireman has nominated by
17written direction duly signed and acknowledged before an
18officer authorized to take acknowledgments, and filed with the
19board. If no such written direction has been filed or if the
20designated beneficiaries do not survive the fireman, payment of
21the benefit shall be made to his estate.
22    (c) Beginning July 1, 1983, if death occurs prior to
23retirement on annuity and before the fireman's attainment of
24age 50, the amount of the benefit payable shall be $12,000.
25Beginning July 1, 1983, if death occurs prior to retirement, at
26age 50 or over, the benefit of $12,000 shall be reduced $400

 

 

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1for each year (commencing on the fireman's attainment of age 50
2and thereafter on each succeeding birth date) that the
3fireman's age, at date of death, is more than age 49, but in no
4event below the amount of $6,000.
5    Beginning July 1, 1983, if the fireman's death occurs while
6he is in receipt of an annuity, the benefit shall be $6,000.
7    (d) For the purposes of this Section only, the death of any
8fireman as a result of the exposure to and contraction of
9COVID-19, as evidenced by either (i) a confirmed positive
10laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
11confirmed diagnosis of COVID-19 from a licensed medical
12professional, shall be rebuttably presumed to have been
13contracted while in the performance of an act or acts of duty
14and the fireman shall be rebuttably presumed to have been
15fatally injured while in active service. The presumption shall
16apply to any fireman who was exposed to and contracted COVID-19
17on or after March 9, 2020 and on or before December 31, 2020;
18except that the presumption shall not apply if the fireman was
19on a leave of absence from his or her employment or otherwise
20not required to report for duty for a period of 14 or more
21consecutive days immediately prior to the date of contraction
22of COVID-19. For the purposes of determining when a fireman
23contracted COVID-19 under this subsection, the date of
24contraction is either the date that the fireman was diagnosed
25with COVID-19 or was unable to work due to symptoms that were
26later diagnosed as COVID-19, whichever occurred first.

 

 

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1(Source: P.A. 99-905, eff. 11-29-16.)
 
2    Section 15. The Workers' Occupational Diseases Act is
3amended by changing Section 1 as follows:
 
4    (820 ILCS 310/1)  (from Ch. 48, par. 172.36)
5    Sec. 1. This Act shall be known and may be cited as the
6"Workers' Occupational Diseases Act".
7    (a) The term "employer" as used in this Act shall be
8construed to be:
9        1. The State and each county, city, town, township,
10    incorporated village, school district, body politic, or
11    municipal corporation therein.
12        2. Every person, firm, public or private corporation,
13    including hospitals, public service, eleemosynary,
14    religious or charitable corporations or associations, who
15    has any person in service or under any contract for hire,
16    express or implied, oral or written.
17        3. Where an employer operating under and subject to the
18    provisions of this Act loans an employee to another such
19    employer and such loaned employee sustains a compensable
20    occupational disease in the employment of such borrowing
21    employer and where such borrowing employer does not provide
22    or pay the benefits or payments due such employee, such
23    loaning employer shall be liable to provide or pay all
24    benefits or payments due such employee under this Act and

 

 

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1    as to such employee the liability of such loaning and
2    borrowing employers shall be joint and several, provided
3    that such loaning employer shall in the absence of
4    agreement to the contrary be entitled to receive from such
5    borrowing employer full reimbursement for all sums paid or
6    incurred pursuant to this paragraph together with
7    reasonable attorneys' fees and expenses in any hearings
8    before the Illinois Workers' Compensation Commission or in
9    any action to secure such reimbursement. Where any benefit
10    is provided or paid by such loaning employer, the employee
11    shall have the duty of rendering reasonable co-operation in
12    any hearings, trials or proceedings in the case, including
13    such proceedings for reimbursement.
14        Where an employee files an Application for Adjustment
15    of Claim with the Illinois Workers' Compensation
16    Commission alleging that his or her claim is covered by the
17    provisions of the preceding paragraph, and joining both the
18    alleged loaning and borrowing employers, they and each of
19    them, upon written demand by the employee and within 7 days
20    after receipt of such demand, shall have the duty of filing
21    with the Illinois Workers' Compensation Commission a
22    written admission or denial of the allegation that the
23    claim is covered by the provisions of the preceding
24    paragraph and in default of such filing or if any such
25    denial be ultimately determined not to have been bona fide
26    then the provisions of Paragraph K of Section 19 of this

 

 

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1    Act shall apply.
2        An employer whose business or enterprise or a
3    substantial part thereof consists of hiring, procuring or
4    furnishing employees to or for other employers operating
5    under and subject to the provisions of this Act for the
6    performance of the work of such other employers and who
7    pays such employees their salary or wage notwithstanding
8    that they are doing the work of such other employers shall
9    be deemed a loaning employer within the meaning and
10    provisions of this Section.
11    (b) The term "employee" as used in this Act, shall be
12construed to mean:
13        1. Every person in the service of the State, county,
14    city, town, township, incorporated village or school
15    district, body politic or municipal corporation therein,
16    whether by election, appointment or contract of hire,
17    express or implied, oral or written, including any official
18    of the State, or of any county, city, town, township,
19    incorporated village, school district, body politic or
20    municipal corporation therein and except any duly
21    appointed member of the fire department in any city whose
22    population exceeds 500,000 according to the last Federal or
23    State census, and except any member of a fire insurance
24    patrol maintained by a board of underwriters in this State.
25    One employed by a contractor who has contracted with the
26    State, or a county, city, town, township, incorporated

 

 

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1    village, school district, body politic or municipal
2    corporation therein, through its representatives, shall
3    not be considered as an employee of the State, county,
4    city, town, township, incorporated village, school
5    district, body politic or municipal corporation which made
6    the contract.
7        2. Every person in the service of another under any
8    contract of hire, express or implied, oral or written, who
9    contracts an occupational disease while working in the
10    State of Illinois, or who contracts an occupational disease
11    while working outside of the State of Illinois but where
12    the contract of hire is made within the State of Illinois,
13    and any person whose employment is principally localized
14    within the State of Illinois, regardless of the place where
15    the disease was contracted or place where the contract of
16    hire was made, including aliens, and minors who, for the
17    purpose of this Act, except Section 3 hereof, shall be
18    considered the same and have the same power to contract,
19    receive payments and give quittances therefor, as adult
20    employees. An employee or his or her dependents under this
21    Act who shall have a cause of action by reason of an
22    occupational disease, disablement or death arising out of
23    and in the course of his or her employment may elect or
24    pursue his or her remedy in the State where the disease was
25    contracted, or in the State where the contract of hire is
26    made, or in the State where the employment is principally

 

 

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1    localized.
2    (c) "Commission" means the Illinois Workers' Compensation
3Commission created by the Workers' Compensation Act, approved
4July 9, 1951, as amended.
5    (d) In this Act the term "Occupational Disease" means a
6disease arising out of and in the course of the employment or
7which has become aggravated and rendered disabling as a result
8of the exposure of the employment. Such aggravation shall arise
9out of a risk peculiar to or increased by the employment and
10not common to the general public.
11    A disease shall be deemed to arise out of the employment if
12there is apparent to the rational mind, upon consideration of
13all the circumstances, a causal connection between the
14conditions under which the work is performed and the
15occupational disease. The disease need not to have been
16foreseen or expected but after its contraction it must appear
17to have had its origin or aggravation in a risk connected with
18the employment and to have flowed from that source as a
19rational consequence.
20    An employee shall be conclusively deemed to have been
21exposed to the hazards of an occupational disease when, for any
22length of time however short, he or she is employed in an
23occupation or process in which the hazard of the disease
24exists; provided however, that in a claim of exposure to atomic
25radiation, the fact of such exposure must be verified by the
26records of the central registry of radiation exposure

 

 

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1maintained by the Department of Public Health or by some other
2recognized governmental agency maintaining records of such
3exposures whenever and to the extent that the records are on
4file with the Department of Public Health or the agency.
5    Any injury to or disease or death of an employee arising
6from the administration of a vaccine, including without
7limitation smallpox vaccine, to prepare for, or as a response
8to, a threatened or potential bioterrorist incident to the
9employee as part of a voluntary inoculation program in
10connection with the person's employment or in connection with
11any governmental program or recommendation for the inoculation
12of workers in the employee's occupation, geographical area, or
13other category that includes the employee is deemed to arise
14out of and in the course of the employment for all purposes
15under this Act. This paragraph added by Public Act 93-829 is
16declarative of existing law and is not a new enactment.
17    The employer liable for the compensation in this Act
18provided shall be the employer in whose employment the employee
19was last exposed to the hazard of the occupational disease
20claimed upon regardless of the length of time of such last
21exposure, except, in cases of silicosis or asbestosis, the only
22employer liable shall be the last employer in whose employment
23the employee was last exposed during a period of 60 days or
24more after the effective date of this Act, to the hazard of
25such occupational disease, and, in such cases, an exposure
26during a period of less than 60 days, after the effective date

 

 

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1of this Act, shall not be deemed a last exposure. If a miner
2who is suffering or suffered from pneumoconiosis was employed
3for 10 years or more in one or more coal mines there shall,
4effective July 1, 1973 be a rebuttable presumption that his or
5her pneumoconiosis arose out of such employment.
6    If a deceased miner was employed for 10 years or more in
7one or more coal mines and died from a respirable disease there
8shall, effective July 1, 1973, be a rebuttable presumption that
9his or her death was due to pneumoconiosis.
10    Any condition or impairment of health of an employee
11employed as a firefighter, emergency medical technician (EMT),
12emergency medical technician-intermediate (EMT-I), advanced
13emergency medical technician (A-EMT), or paramedic which
14results directly or indirectly from any bloodborne pathogen,
15lung or respiratory disease or condition, heart or vascular
16disease or condition, hypertension, tuberculosis, or cancer
17resulting in any disability (temporary, permanent, total, or
18partial) to the employee shall be rebuttably presumed to arise
19out of and in the course of the employee's firefighting, EMT,
20EMT-I, A-EMT, or paramedic employment and, further, shall be
21rebuttably presumed to be causally connected to the hazards or
22exposures of the employment. This presumption shall also apply
23to any hernia or hearing loss suffered by an employee employed
24as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
25this presumption shall not apply to any employee who has been
26employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for

 

 

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1less than 5 years at the time he or she files an Application
2for Adjustment of Claim concerning this condition or impairment
3with the Illinois Workers' Compensation Commission. The
4rebuttable presumption established under this subsection,
5however, does not apply to an emergency medical technician
6(EMT), emergency medical technician-intermediate (EMT-I),
7advanced emergency medical technician (A-EMT), or paramedic
8employed by a private employer if the employee spends the
9preponderance of his or her work time for that employer engaged
10in medical transfers between medical care facilities or
11non-emergency medical transfers to or from medical care
12facilities. The changes made to this subsection by this
13amendatory Act of the 98th General Assembly shall be narrowly
14construed. The Finding and Decision of the Illinois Workers'
15Compensation Commission under only the rebuttable presumption
16provision of this paragraph shall not be admissible or be
17deemed res judicata in any disability claim under the Illinois
18Pension Code arising out of the same medical condition;
19however, this sentence makes no change to the law set forth in
20Krohe v. City of Bloomington, 204 Ill.2d 392.
21    The insurance carrier liable shall be the carrier whose
22policy was in effect covering the employer liable on the last
23day of the exposure rendering such employer liable in
24accordance with the provisions of this Act.
25    (e) "Disablement" means an impairment or partial
26impairment, temporary or permanent, in the function of the body

 

 

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1or any of the members of the body, or the event of becoming
2disabled from earning full wages at the work in which the
3employee was engaged when last exposed to the hazards of the
4occupational disease by the employer from whom he or she claims
5compensation, or equal wages in other suitable employment; and
6"disability" means the state of being so incapacitated.
7    (f) No compensation shall be payable for or on account of
8any occupational disease unless disablement, as herein
9defined, occurs within two years after the last day of the last
10exposure to the hazards of the disease, except in cases of
11occupational disease caused by berylliosis or by the inhalation
12of silica dust or asbestos dust and, in such cases, within 3
13years after the last day of the last exposure to the hazards of
14such disease and except in the case of occupational disease
15caused by exposure to radiological materials or equipment, and
16in such case, within 25 years after the last day of last
17exposure to the hazards of such disease.
18    (g)(1) In any proceeding before the Commission in which the
19employee is a COVID-19 first responder or front-line worker as
20defined in this subsection, if the employee's injury or
21occupational disease resulted from exposure to and contraction
22of COVID-19, the exposure and contraction shall be rebuttably
23presumed to have arisen out of and in the course of the
24employee's first responder or front-line worker employment and
25the injury or occupational disease shall be rebuttably presumed
26to be causally connected to the hazards or exposures of the

 

 

10100HB2455sam002- 24 -LRB101 08292 RJF 72332 a

1employee's first responder or front-line worker employment.
2    (2) The term "COVID-19 first responder or front-line
3worker" means: all individuals employed as police, fire
4personnel, emergency medical technicians, or paramedics; all
5individuals employed and considered as first responders; all
6workers for health care providers, including nursing homes and
7rehabilitation facilities and home care workers; corrections
8officers; and any individuals employed by essential businesses
9and operations as defined in Executive Order 2020-10 dated
10March 20, 2020, as long as individuals employed by essential
11businesses and operations are required by their employment to
12encounter members of the general public or to work in
13employment locations of more than 15 employees. For purposes of
14this subsection only, an employee's home or place of residence
15is not a place of employment, except for home care workers.
16    (3) The presumption created in this subsection may be
17rebutted by evidence, including, but not limited to, the
18following:
19        (A) the employee was working from his or her home, on
20    leave from his or her employment, or some combination
21    thereof, for a period of 14 or more consecutive days
22    immediately prior to the employee's injury, occupational
23    disease, or period of incapacity resulted from exposure to
24    COVID-19; or
25        (B) the employer was engaging in and applying to the
26    fullest extent possible or enforcing to the best of its

 

 

10100HB2455sam002- 25 -LRB101 08292 RJF 72332 a

1    ability industry-specific workplace sanitation, social
2    distancing, and health and safety practices based on
3    updated guidance issued by the Centers for Disease Control
4    and Prevention or Illinois Department of Public Health or
5    was using a combination of administrative controls,
6    engineering controls, or personal protective equipment to
7    reduce the transmission of COVID-19 to all employees for at
8    least 14 consecutive days prior to the employee's injury,
9    occupational disease, or period of incapacity resulting
10    from exposure to COVID-19. For purposes of this subsection,
11    "updated" means the guidance in effect at least 14 days
12    prior to the COVID-19 diagnosis. For purposes of this
13    subsection, "personal protective equipment" means
14    industry-specific equipment worn to minimize exposure to
15    hazards that cause illnesses or serious injuries, which may
16    result from contact with biological, chemical,
17    radiological, physical, electrical, mechanical, or other
18    workplace hazards. "Personal protective equipment"
19    includes, but is not limited to, items such as face
20    coverings, gloves, safety glasses, safety face shields,
21    barriers, shoes, earplugs or muffs, hard hats,
22    respirators, coveralls, vests, and full body suits; or
23        (C) the employee was exposed to COVID-19 by an
24    alternate source.
25    (4) The rebuttable presumption created in this subsection
26applies to all cases tried after the effective date of this

 

 

10100HB2455sam002- 26 -LRB101 08292 RJF 72332 a

1amendatory Act of the 101st General Assembly and in which the
2diagnosis of COVID-19 was made on or after March 9, 2020 and on
3or before December 31, 2020.
4    (5) Under no circumstances shall any COVID-19 case increase
5or affect any employer's workers' compensation insurance
6experience rating or modification, but COVID-19 costs may be
7included in determining overall State loss costs.
8    (6) In order for the presumption created in this subsection
9to apply at trial, for COVID-19 diagnoses occurring on or
10before June 15, 2020, an employee must provide a confirmed
11medical diagnosis by a licensed medical practitioner or a
12positive laboratory test for COVID-19 or for COVID-19
13antibodies; for COVID-19 diagnoses occurring after June 15,
142020, an employee must provide a positive laboratory test for
15COVID-19 or for COVID-19 antibodies.
16    (7) The presumption created in this subsection does not
17apply if the employee's place of employment was solely the
18employee's home or residence for a period of 14 or more
19consecutive days immediately prior to the employee's injury,
20occupational disease, or period of incapacity resulted from
21exposure to COVID-19.
22    (8) The date of injury or the beginning of the employee's
23occupational disease or period of disability is either the date
24that the employee was unable to work due to contraction of
25COVID-19 or was unable to work due to symptoms that were later
26diagnosed as COVID-19, whichever came first.

 

 

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1    (9) An employee who contracts COVID-19, but fails to
2establish the rebuttable presumption is not precluded from
3filing for compensation under this Act or under the Workers'
4Compensation Act.
5    (10) To qualify for temporary total disability benefits
6under the presumption created in this subsection, the employee
7must be certified for or recertified for temporary disability.
8    (11) An employer is entitled to a credit against any
9liability for temporary total disability due to an employee as
10a result of the employee contracting COVID-19 for (A) any sick
11leave benefits or extended salary benefits paid to the employee
12by the employer under Emergency Family Medical Leave Expansion
13Act, Emergency Paid Sick Leave Act of the Families First
14Coronavirus Response Act, or any other federal law, or (B) any
15other credit to which an employer is entitled under the
16Workers' Compensation Act.
17(Source: P.A. 98-291, eff. 1-1-14; 98-973, eff. 8-15-14.)
 
18    Section 20. The Unemployment Insurance Act is amended by
19changing Sections 401, 409, 500, 612, 1505, and 1506.6 and by
20adding Section 1502.4 as follows:
 
21    (820 ILCS 405/401)  (from Ch. 48, par. 401)
22    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
23    A. With respect to any week beginning in a benefit year
24beginning prior to January 4, 2004, an individual's weekly

 

 

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1benefit amount shall be an amount equal to the weekly benefit
2amount as defined in the provisions of this Act as amended and
3in effect on November 18, 2011.
4    B. 1. With respect to any benefit year beginning on or
5after January 4, 2004 and before January 6, 2008, an
6individual's weekly benefit amount shall be 48% of his or her
7prior average weekly wage, rounded (if not already a multiple
8of one dollar) to the next higher dollar; provided, however,
9that the weekly benefit amount cannot exceed the maximum weekly
10benefit amount and cannot be less than $51. Except as otherwise
11provided in this Section, with respect to any benefit year
12beginning on or after January 6, 2008, an individual's weekly
13benefit amount shall be 47% of his or her prior average weekly
14wage, rounded (if not already a multiple of one dollar) to the
15next higher 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 2022, an individual's weekly benefit
19amount shall be 42.4% 40.6% of his or her prior average weekly
20wage, rounded (if not already a multiple of one dollar) to the
21next higher 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

 

 

10100HB2455sam002- 30 -LRB101 08292 RJF 72332 a

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,

 

 

10100HB2455sam002- 32 -LRB101 08292 RJF 72332 a

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
62022, "maximum weekly benefit amount" with respect to each week
7beginning within a benefit period means 42.4% 40.6% of the
8statewide average weekly wage, rounded (if not already a
9multiple of one dollar) to the next higher dollar.
10    C. With respect to any week beginning in a benefit year
11beginning prior to January 4, 2004, an individual's eligibility
12for a dependent allowance with respect to a nonworking spouse
13or one or more dependent children shall be as defined by the
14provisions of this Act as amended and in effect on November 18,
152011.
16    With respect to any benefit year beginning on or after
17January 4, 2004 and before January 6, 2008, an individual to
18whom benefits are payable with respect to any week shall, in
19addition to those benefits, be paid, with respect to such week,
20as follows: in the case of an individual with a nonworking
21spouse, 9% of his or her prior average weekly wage, rounded (if
22not already a multiple of one dollar) to the next higher
23dollar, provided, that the total amount payable to the
24individual with respect to a week shall not exceed 57% of the
25statewide average weekly wage, rounded (if not already a
26multiple of one dollar) to the next higher dollar; and in the

 

 

10100HB2455sam002- 33 -LRB101 08292 RJF 72332 a

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

 

 

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1the case of an individual with a dependent child or dependent
2children shall be referred to as the "dependent child
3allowance", and the percentage rate by which an individual's
4prior average weekly wage is multiplied pursuant to this
5subsection to calculate the dependent child allowance shall be
6referred to as the "dependent child allowance rate".
7    Except as otherwise provided in this Section, with respect
8to any benefit year beginning on or after January 1, 2010, an
9individual to whom benefits are payable with respect to any
10week shall, in addition to those benefits, be paid, with
11respect to such week, as follows: in the case of an individual
12with a nonworking spouse, the greater of (i) 9% of his or her
13prior average weekly wage, rounded (if not already a multiple
14of one dollar) to the next higher dollar, or (ii) $15, provided
15that the total amount payable to the individual with respect to
16a week shall not exceed 56% of the statewide average weekly
17wage, rounded (if not already a multiple of one dollar) to the
18next higher dollar; and in the case of an individual with a
19dependent child or dependent children, the greater of (i) the
20product of the dependent child allowance rate multiplied by his
21or her prior average weekly wage, rounded (if not already a
22multiple of one dollar) to the next higher dollar, or (ii) the
23lesser of $50 or 50% of his or her weekly benefit amount,
24rounded (if not already a multiple of one dollar) to the next
25higher dollar, provided that the total amount payable to the
26individual with respect to a week shall not exceed the product

 

 

10100HB2455sam002- 35 -LRB101 08292 RJF 72332 a

1of the statewide average weekly wage multiplied by the sum of
247% plus the dependent child allowance rate, rounded (if not
3already a multiple of one dollar) to the next higher dollar.
4    With respect to any benefit year beginning in calendar year
52022, an individual to whom benefits are payable with respect
6to any week shall, in addition to those benefits, be paid, with
7respect to such week, as follows: in the case of an individual
8with a nonworking spouse, the greater of (i) 9% of his or her
9prior average weekly wage, rounded (if not already a multiple
10of one dollar) to the next higher dollar, or (ii) $15, provided
11that the total amount payable to the individual with respect to
12a week shall not exceed 51.4% 49.6% of the statewide average
13weekly wage, rounded (if not already a multiple of one dollar)
14to the next higher dollar; and in the case of an individual
15with a dependent child or dependent children, the greater of
16(i) the product of the dependent child allowance rate
17multiplied by his or her prior average weekly wage, rounded (if
18not already a multiple of one dollar) to the next higher
19dollar, or (ii) the lesser of $50 or 50% of his or her weekly
20benefit amount, rounded (if not already a multiple of one
21dollar) to the next higher dollar, provided that the total
22amount payable to the individual with respect to a week shall
23not exceed the product of the statewide average weekly wage
24multiplied by the sum of 42.4% 40.6% plus the dependent child
25allowance rate, rounded (if not already a multiple of one
26dollar) 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

 

 

10100HB2455sam002- 38 -LRB101 08292 RJF 72332 a

1than one-half the cost of supporting the child or nonworking
2spouse for that period.
3(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
 
4    (820 ILCS 405/409)  (from Ch. 48, par. 409)
5    Sec. 409. Extended Benefits.
6    A. For the purposes of this Section:
7        1. "Extended benefit period" means a period which
8    begins with the third week after a week for which there is
9    a State "on" indicator; and ends with either of the
10    following weeks, whichever occurs later: (1) the third week
11    after the first week for which there is a State "off"
12    indicator, or (2) the thirteenth consecutive week of such
13    period. No extended benefit period shall begin by reason of
14    a State "on" indicator before the fourteenth week following
15    the end of a prior extended benefit period.
16        2. There is a "State 'on' indicator" for a week if (a)
17    the Director determines, in accordance with the
18    regulations of the United States Secretary of Labor or
19    other appropriate Federal agency, that for the period
20    consisting of such week and the immediately preceding
21    twelve weeks, the rate of insured unemployment (not
22    seasonally adjusted) in this State (1) equaled or exceeded
23    5% and equaled or exceeded 120% of the average of such
24    rates for the corresponding 13-week period ending in each
25    of the preceding 2 calendar years, or (2) equaled or

 

 

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1    exceeded 6 percent, or (b) the United States Secretary of
2    Labor determines that (1) the average rate of total
3    unemployment in this State (seasonally adjusted) for the
4    period consisting of the most recent 3 months for which
5    data for all states are published before the close of such
6    week equals or exceeds 6.5%, and (2) the average rate of
7    total unemployment in this State (seasonally adjusted) for
8    the 3-month period referred to in (1) equals or exceeds
9    110% of such average rate for either (or both) of the
10    corresponding 3-month periods ending in the 2 preceding
11    calendar years. Clause (b) of this paragraph shall only
12    apply to weeks beginning on or after February 22, 2009,
13    through the end of the fourth week prior to the last week
14    for which federal sharing is provided as authorized by
15    Section 2005(a) of Public Law 111-5 without regard to
16    Section 2005(c) of Public Law 111-5 and is inoperative as
17    of the end of the last week for which federal sharing is
18    provided as authorized by Section 2005(a) of Public Law
19    111-5 and to weeks beginning on or after March 15, 2020
20    through the end of the fourth week prior to the last week
21    for which federal sharing is provided as authorized by
22    Section 4105 of Public Law 116-127, or any amendments
23    thereto, and is inoperative as of the end of the last week
24    for which federal sharing is provided as authorized by
25    Section 4105 of Public Law 116-127, or any amendments
26    thereto.

 

 

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1        2.1. With respect to benefits for weeks of unemployment
2    beginning after December 17, 2010, and ending on or before
3    the earlier of the latest date permitted under federal law
4    or the end of the fourth week prior to the last week for
5    which federal sharing is provided as authorized by Section
6    2005(a) of Public Law 111-5 without regard to Section
7    2005(c) of Public Law 111-5, the determination of whether
8    there has been a State "on" indicator pursuant to paragraph
9    2 shall be made as if, in clause (a) of paragraph 2, the
10    phrase "2 calendar years" were "3 calendar years" and as
11    if, in clause (b) of paragraph 2, the word "either" were
12    "any", the word "both" were "all", and the phrase "2
13    preceding calendar years" were "3 preceding calendar
14    years".
15        3. There is a "State 'off' indicator" for a week if
16    there is not a State 'on' indicator for the week pursuant
17    to paragraph 2.
18        4. "Rate of insured unemployment", for the purpose of
19    paragraph 2, means the percentage derived by dividing (a)
20    the average weekly number of individuals filing claims for
21    "regular benefits" in this State for weeks of unemployment
22    with respect to the most recent 13 consecutive week period,
23    as determined by the Director on the basis of his reports
24    to the United States Secretary of Labor or other
25    appropriate Federal agency, by (b) the average monthly
26    employment covered under this Act for the first four of the

 

 

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1    most recent six completed calendar quarters ending before
2    the close of such 13-week period.
3        5. "Regular benefits" means benefits, other than
4    extended benefits and additional benefits, payable to an
5    individual (including dependents' allowances) under this
6    Act or under any other State unemployment compensation law
7    (including benefits payable to Federal civilian employees
8    and ex-servicemen pursuant to 5 U.S.C. chapter 85).
9        6. "Extended benefits" means benefits (including
10    benefits payable to Federal civilian employees and
11    ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to
12    an individual under the provisions of this Section for
13    weeks which begin in his eligibility period.
14        7. "Additional benefits" means benefits totally
15    financed by a State and payable to exhaustees (as defined
16    in subsection C) by reason of conditions of high
17    unemployment or by reason of other specified factors. If an
18    individual is eligible to receive extended benefits under
19    the provisions of this Section and is eligible to receive
20    additional benefits with respect to the same week under the
21    law of another State, he may elect to claim either extended
22    benefits or additional benefits with respect to the week.
23        8. "Eligibility period" means the period consisting of
24    the weeks in an individual's benefit year which begin in an
25    extended benefit period and, if his benefit year ends
26    within such extended benefit period, any weeks thereafter

 

 

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1    which begin in such period. An individual's eligibility
2    period shall also include such other weeks as federal law
3    may allow.
4        9. Notwithstanding any other provision to the
5    contrary, no employer shall be liable for payments in lieu
6    of contributions pursuant to Section 1404, by reason of the
7    payment of extended benefits which are wholly reimbursed to
8    this State by the Federal Government or would have been
9    wholly reimbursed to this State by the Federal Government
10    if the employer had paid all of the claimant's wages during
11    the applicable base period. Extended benefits shall not
12    become benefit charges under Section 1501.1 if they are
13    wholly reimbursed to this State by the Federal Government
14    or would have been wholly reimbursed to this State by the
15    Federal Government if the employer had paid all of the
16    claimant's wages during the applicable base period. For
17    purposes of this paragraph, extended benefits will be
18    considered to be wholly reimbursed by the Federal
19    Government notwithstanding the operation of Section
20    204(a)(2)(D) of the Federal-State Extended Unemployment
21    Compensation Act of 1970.
22    B. An individual shall be eligible to receive extended
23benefits pursuant to this Section for any week which begins in
24his eligibility period if, with respect to such week (1) he has
25been paid wages for insured work during his base period equal
26to at least 1 1/2 times the wages paid in that calendar quarter

 

 

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1of his base period in which such wages were highest; (2) he has
2met the requirements of Section 500E of this Act; (3) he is an
3exhaustee; and (4) except when the result would be inconsistent
4with the provisions of this Section, he has satisfied the
5requirements of this Act for the receipt of regular benefits.
6    C. An individual is an exhaustee with respect to a week
7which begins in his eligibility period if:
8        1. Prior to such week (a) he has received, with respect
9    to his current benefit year that includes such week, the
10    maximum total amount of benefits to which he was entitled
11    under the provisions of Section 403B, and all of the
12    regular benefits (including dependents' allowances) to
13    which he had entitlement (if any) on the basis of wages or
14    employment under any other State unemployment compensation
15    law; or (b) he has received all the regular benefits
16    available to him with respect to his current benefit year
17    that includes such week, under this Act and under any other
18    State unemployment compensation law, after a cancellation
19    of some or all of his wage credits or the partial or total
20    reduction of his regular benefit rights; or (c) his benefit
21    year terminated, and he cannot meet the qualifying wage
22    requirements of Section 500E of this Act or the qualifying
23    wage or employment requirements of any other State
24    unemployment compensation law to establish a new benefit
25    year which would include such week or, having established a
26    new benefit year that includes such week, he is ineligible

 

 

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1    for regular benefits by reason of Section 607 of this Act
2    or a like provision of any other State unemployment
3    compensation law; and
4        2. For such week (a) he has no right to benefits or
5    allowances, as the case may be, under the Railroad
6    Unemployment Insurance Act, or such other Federal laws as
7    are specified in regulations of the United States Secretary
8    of Labor or other appropriate Federal agency; and (b) he
9    has not received and is not seeking benefits under the
10    unemployment compensation law of Canada, except that if he
11    is seeking such benefits and the appropriate agency finally
12    determines that he is not entitled to benefits under such
13    law, this clause shall not apply.
14        3. For the purposes of clauses (a) and (b) of paragraph
15    1 of this subsection, an individual shall be deemed to have
16    received, with respect to his current benefit year, the
17    maximum total amount of benefits to which he was entitled
18    or all of the regular benefits to which he had entitlement,
19    or all of the regular benefits available to him, as the
20    case may be, even though (a) as a result of a pending
21    reconsideration or appeal with respect to the "finding"
22    defined in Section 701, or of a pending appeal with respect
23    to wages or employment or both under any other State
24    unemployment compensation law, he may subsequently be
25    determined to be entitled to more regular benefits; or (b)
26    by reason of a seasonality provision in a State

 

 

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1    unemployment compensation law which establishes the weeks
2    of the year for which regular benefits may be paid to
3    individuals on the basis of wages in seasonal employment he
4    may be entitled to regular benefits for future weeks but
5    such benefits are not payable with respect to the week for
6    which he is claiming extended benefits, provided that he is
7    otherwise an exhaustee under the provisions of this
8    subsection with respect to his rights to regular benefits,
9    under such seasonality provision, during the portion of the
10    year in which that week occurs; or (c) having established a
11    benefit year, no regular benefits are payable to him with
12    respect to such year because his wage credits were
13    cancelled or his rights to regular benefits were totally
14    reduced by reason of the application of a disqualification
15    provision of a State unemployment compensation law.
16    D. 1. The provisions of Section 607 and the waiting period
17    requirements of Section 500D shall not be applicable to any
18    week with respect to which benefits are otherwise payable
19    under this Section.
20        2. An individual shall not cease to be an exhaustee
21    with respect to any week solely because he meets the
22    qualifying wage requirements of Section 500E for a part of
23    such week.
24    E. With respect to any week which begins in his eligibility
25period, an exhaustee's "weekly extended benefit amount" shall
26be the same as his weekly benefit amount during his benefit

 

 

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1year which includes such week or, if such week is not in a
2benefit year, during his applicable benefit year, as defined in
3regulations issued by the United States Secretary of Labor or
4other appropriate Federal agency. If the exhaustee had more
5than one weekly benefit amount during his benefit year, his
6weekly extended benefit amount with respect to such week shall
7be the latest of such weekly benefit amounts.
8    F. 1. An eligible exhaustee shall be entitled, during any
9eligibility period, to a maximum total amount of extended
10benefits equal to the lesser of the following amounts, not
11including any Federal Pandemic Unemployment Compensation
12amounts provided for in Section 2104 of Public Law 116-136:
13        a. Fifty percent of the maximum total amount of
14    benefits to which he was entitled under Section 403B during
15    his applicable benefit year;
16        b. Thirteen times his weekly extended benefit amount as
17    determined under subsection E; or
18        c. Thirty-nine times his or her average weekly extended
19    benefit amount, reduced by the regular benefits (not
20    including any dependents' allowances) paid to him or her
21    during such benefit year.
22    2. An eligible exhaustee shall be entitled, during a "high
23unemployment period", to a maximum total amount of extended
24benefits equal to the lesser of the following amounts:
25        a. Eighty percent of the maximum total amount of
26    benefits to which he or she was entitled under Section 403B

 

 

10100HB2455sam002- 47 -LRB101 08292 RJF 72332 a

1    during his or her applicable benefit year;
2        b. Twenty times his or her weekly extended benefit
3    amount as determined under subsection E; or
4        c. Forty-six times his or her average weekly extended
5    benefit amount, reduced by the regular benefits (not
6    including any dependents' allowances) paid to him or her
7    during such benefit year.
8    For purposes of this paragraph, the term "high unemployment
9period" means any period during which (i) clause (b) of
10paragraph (2) of subsection A is operative and (ii) an extended
11benefit period would be in effect if clause (b) of paragraph
12(2) of subsection A of this Section were applied by
13substituting "8%" for "6.5%".
14    3. Notwithstanding paragraphs 1 and 2 of this subsection F,
15and if the benefit year of an individual ends within an
16extended benefit period, the remaining balance of extended
17benefits that the individual would, but for this subsection F,
18be otherwise entitled to receive in that extended benefit
19period, for weeks of unemployment beginning after the end of
20the benefit year, shall be reduced (but not below zero) by the
21product of the number of weeks for which the individual
22received any amounts as trade readjustment allowances as
23defined in the federal Trade Act of 1974 within that benefit
24year multiplied by his weekly benefit amount for extended
25benefits.
26    G. 1. A claims adjudicator shall examine the first claim

 

 

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1    filed by an individual with respect to his eligibility
2    period and, on the basis of the information in his
3    possession, shall make an "extended benefits finding".
4    Such finding shall state whether or not the individual has
5    met the requirement of subsection B(1), is an exhaustee
6    and, if he is, his weekly extended benefit amount and the
7    maximum total amount of extended benefits to which he is
8    entitled. The claims adjudicator shall promptly notify the
9    individual of his "extended benefits finding", and shall
10    promptly notify the individual's most recent employing
11    unit and the individual's last employer (referred to in
12    Section 1502.1) that the individual has filed a claim for
13    extended benefits. The claims adjudicator may reconsider
14    his "extended benefits finding" at any time within one year
15    after the close of the individual's eligibility period, and
16    shall promptly notify the individual of such reconsidered
17    finding. All of the provisions of this Act applicable to
18    reviews from findings or reconsidered findings made
19    pursuant to Sections 701 and 703 which are not inconsistent
20    with the provisions of this subsection shall be applicable
21    to reviews from extended benefits findings and
22    reconsidered extended benefits findings.
23        2. If, pursuant to the reconsideration or appeal with
24    respect to a "finding", referred to in paragraph 3 of
25    subsection C, an exhaustee is found to be entitled to more
26    regular benefits and, by reason thereof, is entitled to

 

 

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1    more extended benefits, the claims adjudicator shall make a
2    reconsidered extended benefits finding and shall promptly
3    notify the exhaustee thereof.
4    H. Whenever an extended benefit period is to begin in this
5State because there is a State "on" indicator, or whenever an
6extended benefit period is to end in this State because there
7is a State "off" indicator, the Director shall make an
8appropriate public announcement.
9    I. Computations required by the provisions of paragraph 4
10of subsection A shall be made by the Director in accordance
11with regulations prescribed by the United States Secretary of
12Labor, or other appropriate Federal agency.
13    J. 1. Interstate Benefit Payment Plan means the plan
14    approved by the Interstate Conference of Employment
15    Security Agencies under which benefits shall be payable to
16    unemployed individuals absent from the state (or states) in
17    which benefit credits have been accumulated.
18        2. An individual who commutes from his state of
19    residence to work in another state and continues to reside
20    in such state of residence while filing his claim for
21    unemployment insurance under this Section of the Act shall
22    not be considered filing a claim under the Interstate
23    Benefit Payment Plan so long as he files his claim in and
24    continues to report to the employment office under the
25    regulations applicable to intrastate claimants in the
26    state in which he was so employed.

 

 

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1        3. "State" when used in this subsection includes States
2    of the United States of America, the District of Columbia,
3    Puerto Rico and the Virgin Islands. For purposes of this
4    subsection, the term "state" shall also be construed to
5    include Canada.
6        4. Notwithstanding any other provision of this Act, an
7    individual shall be eligible for a maximum of 2 weeks of
8    benefits payable under this Section after he files his
9    initial claim for extended benefits in an extended benefit
10    period, as defined in paragraph 1 of subsection A, under
11    the Interstate Benefit Payment Plan unless there also
12    exists an extended benefit period, as defined in paragraph
13    1 of subsection A, in the state where such claim is filed.
14    Such maximum eligibility shall continue as long as the
15    individual continues to file his claim under the Interstate
16    Benefit Payment Plan, notwithstanding that the individual
17    moves to another state where an extended benefit period
18    exists and files for weeks prior to his initial Interstate
19    claim in that state.
20        5. To assure full tax credit to the employers of this
21    state against the tax imposed by the Federal Unemployment
22    Tax Act, the Director shall take any action or issue any
23    regulations necessary in the administration of this
24    subsection to insure that its provisions are so interpreted
25    and applied as to meet the requirements of such Federal Act
26    as interpreted by the United States Secretary of Labor or

 

 

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1    other appropriate Federal agency.
2    K. 1. Notwithstanding any other provisions of this Act, an
3    individual shall be ineligible for the payment of extended
4    benefits for any week of unemployment in his eligibility
5    period if the Director finds that during such period:
6            a. he failed to accept any offer of suitable work
7        (as defined in paragraph 3 below) or failed to apply
8        for any suitable work to which he was referred by the
9        Director; or
10            b. he failed to actively engage in seeking work as
11        prescribed under paragraph 5 below.
12        2. Any individual who has been found ineligible for
13    extended benefits by reason of the provisions of paragraph
14    1 of this subsection shall be denied benefits beginning
15    with the first day of the week in which such failure has
16    occurred and until he has been employed in each of 4
17    subsequent weeks (whether or not consecutive) and has
18    earned remuneration equal to at least 4 times his weekly
19    benefit amount.
20        3. For purposes of this subsection only, the term
21    "suitable work" means, with respect to any individual, any
22    work which is within such individual's capabilities,
23    provided, however, that the gross average weekly
24    remuneration payable for the work:
25            a. must exceed the sum of (i) the individual's
26        extended weekly benefit amount as determined under

 

 

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1        subsection E above plus (ii) the amount, if any, of
2        supplemental unemployment benefits (as defined in
3        Section 501(c)(17)(D) of the Internal Revenue Code of
4        1954) payable to such individual for such week; and
5        further,
6            b. is not less than the higher of --
7                (i) the minimum wage provided by Section 6
8            (a)(1) of the Fair Labor Standards Act of 1938,
9            without regard to any exemption; or
10                (ii) the applicable state or local minimum
11            wage;
12            c. provided, however, that no individual shall be
13        denied extended benefits for failure to accept an offer
14        of or apply for any job which meets the definition of
15        suitability as described above if:
16                (i) the position was not offered to such
17            individual in writing or was not listed with the
18            employment service;
19                (ii) such failure could not result in a denial
20            of benefits under the definition of suitable work
21            for regular benefits claimants in Section 603 to
22            the extent that the criteria of suitability in that
23            Section are not inconsistent with the provisions
24            of this paragraph 3;
25                (iii) the individual furnishes satisfactory
26            evidence to the Director that his prospects for

 

 

10100HB2455sam002- 53 -LRB101 08292 RJF 72332 a

1            obtaining work in his customary occupation within
2            a reasonably short period are good. If such
3            evidence is deemed satisfactory for this purpose,
4            the determination of whether any work is suitable
5            with respect to such individual shall be made in
6            accordance with the definition of suitable work
7            for regular benefits in Section 603 without regard
8            to the definition specified by this paragraph.
9        4. Notwithstanding the provisions of paragraph 3 to the
10    contrary, no work shall be deemed to be suitable work for
11    an individual which does not accord with the labor standard
12    provisions required by Section 3304(a)(5) of the Internal
13    Revenue Code of 1954 and set forth herein under Section 603
14    of this Act.
15        5. For the purposes of subparagraph b of paragraph 1,
16    an individual shall be treated as actively engaged in
17    seeking work during any week if --
18            a. the individual has engaged in a systematic and
19        sustained effort to obtain work during such week, and
20            b. the individual furnishes tangible evidence that
21        he has engaged in such effort during such week.
22        6. The employment service shall refer any individual
23    entitled to extended benefits under this Act to any
24    suitable work which meets the criteria prescribed in
25    paragraph 3.
26        7. Notwithstanding any other provision of this Act, an

 

 

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1    individual shall not be eligible to receive extended
2    benefits, otherwise payable under this Section, with
3    respect to any week of unemployment in his eligibility
4    period if such individual has been held ineligible for
5    benefits under the provisions of Sections 601, 602 or 603
6    of this Act until such individual had requalified for such
7    benefits by returning to employment and satisfying the
8    monetary requalification provision by earning at least his
9    weekly benefit amount.
10        8. In response to the COVID-19 public health emergency,
11    the Director may prescribe such rules as allowed by federal
12    law limiting the work search requirements under subsection
13    K.
14    L. The Governor may, if federal law so allows, elect, in
15writing, to pay individuals, otherwise eligible for extended
16benefits pursuant to this Section, any other federally funded
17unemployment benefits, including but not limited to benefits
18payable pursuant to the federal Supplemental Appropriations
19Act, 2008, as amended, and Public Law 116-136, prior to paying
20them benefits under this Section.
21    M. The provisions of this Section, as revised by this
22amendatory Act of the 96th General Assembly, are retroactive to
23February 22, 2009. The provisions of this amendatory Act of the
2496th General Assembly with regard to subsection L and paragraph
258 of subsection A clarify authority already provided.
26    N. The provisions of this Section, as revised by this

 

 

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1amendatory Act of the 101st General Assembly, are retroactive
2to March 15, 2020.
3(Source: P.A. 96-30, eff. 6-30-09; 97-1, eff. 3-31-11.)
 
4    (820 ILCS 405/500)  (from Ch. 48, par. 420)
5    Sec. 500. Eligibility for benefits. An unemployed
6individual shall be eligible to receive benefits with respect
7to any week only if the Director finds that:
8        A. He has registered for work at and thereafter has
9    continued to report at an employment office in accordance
10    with such regulations as the Director may prescribe, except
11    that the Director may, by regulation, waive or alter either
12    or both of the requirements of this subsection as to
13    individuals attached to regular jobs, and as to such other
14    types of cases or situations with respect to which he finds
15    that compliance with such requirements would be oppressive
16    or inconsistent with the purposes of this Act, provided
17    that no such regulation shall conflict with Section 400 of
18    this Act.
19        B. He has made a claim for benefits with respect to
20    such week in accordance with such regulations as the
21    Director may prescribe.
22        C. He is able to work, and is available for work;
23    provided that during the period in question he was actively
24    seeking work and he has certified such. Whenever requested
25    to do so by the Director, the individual shall, in the

 

 

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1    manner the Director prescribes by regulation, inform the
2    Department of the places at which he has sought work during
3    the period in question. Nothing in this subsection shall
4    limit the Director's approval of alternate methods of
5    demonstrating an active search for work based on regular
6    reporting to a trade union office.
7            1. If an otherwise eligible individual is unable to
8        work or is unavailable for work on any normal workday
9        of the week, he shall be eligible to receive benefits
10        with respect to such week reduced by one-fifth of his
11        weekly benefit amount for each day of such inability to
12        work or unavailability for work. For the purposes of
13        this paragraph, an individual who reports on a day
14        subsequent to his designated report day shall be deemed
15        unavailable for work on his report day if his failure
16        to report on that day is without good cause, and on
17        each intervening day, if any, on which his failure to
18        report is without good cause. As used in the preceding
19        sentence, "report day" means the day which has been
20        designated for the individual to report to file his
21        claim for benefits with respect to any week. This
22        paragraph shall not be construed so as to effect any
23        change in the status of part-time workers as defined in
24        Section 407.
25            2. An individual shall be considered to be
26        unavailable for work on days listed as whole holidays

 

 

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1        in "An Act to revise the law in relation to promissory
2        notes, bonds, due bills and other instruments in
3        writing," approved March 18, 1874, as amended; on days
4        which are holidays in his religion or faith, and on
5        days which are holidays according to the custom of his
6        trade or occupation, if his failure to work on such day
7        is a result of the holiday. In determining the
8        claimant's eligibility for benefits and the amount to
9        be paid him, with respect to the week in which such
10        holiday occurs, he shall have attributed to him as
11        additional earnings for that week an amount equal to
12        one-fifth of his weekly benefit amount for each normal
13        work day on which he does not work because of a holiday
14        of the type above enumerated.
15            3. An individual shall be deemed unavailable for
16        work if, after his separation from his most recent
17        employing unit, he has removed himself to and remains
18        in a locality where opportunities for work are
19        substantially less favorable than those in the
20        locality he has left.
21            4. An individual shall be deemed unavailable for
22        work with respect to any week which occurs in a period
23        when his principal occupation is that of a student in
24        attendance at, or on vacation from, a public or private
25        school.
26            5. Notwithstanding any other provisions of this

 

 

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1        Act, an individual shall not be deemed unavailable for
2        work or to have failed actively to seek work, nor shall
3        he be ineligible for benefits by reason of the
4        application of the provisions of Section 603, with
5        respect to any week, because he is enrolled in and is
6        in regular attendance at a training course approved for
7        him by the Director:
8                (a) but only if, with respect to that week, the
9            individual presents, upon request, to the claims
10            adjudicator referred to in Section 702 a statement
11            executed by a responsible person connected with
12            the training course, certifying that the
13            individual was in full-time attendance at such
14            course during the week. The Director may approve
15            such course for an individual only if he finds that
16            (1) reasonable work opportunities for which the
17            individual is fitted by training and experience do
18            not exist in his locality; (2) the training course
19            relates to an occupation or skill for which there
20            are, or are expected to be in the immediate future,
21            reasonable work opportunities in his locality; (3)
22            the training course is offered by a competent and
23            reliable agency, educational institution, or
24            employing unit; (4) the individual has the
25            required qualifications and aptitudes to complete
26            the course successfully; and (5) the individual is

 

 

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1            not receiving and is not eligible (other than
2            because he has claimed benefits under this Act) for
3            subsistence payments or similar assistance under
4            any public or private retraining program:
5            Provided, that the Director shall not disapprove
6            such course solely by reason of clause (5) if the
7            subsistence payment or similar assistance is
8            subject to reduction by an amount equal to any
9            benefits payable to the individual under this Act
10            in the absence of the clause. In the event that an
11            individual's weekly unemployment compensation
12            benefit is less than his certified training
13            allowance, that person shall be eligible to
14            receive his entire unemployment compensation
15            benefits, plus such supplemental training
16            allowances that would make an applicant's total
17            weekly benefit identical to the original certified
18            training allowance.
19                (b) The Director shall have the authority to
20            grant approval pursuant to subparagraph (a) above
21            prior to an individual's formal admission into a
22            training course. Requests for approval shall not
23            be made more than 30 days prior to the actual
24            starting date of such course. Requests shall be
25            made at the appropriate unemployment office.
26                (c) The Director shall for purposes of

 

 

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1            paragraph C have the authority to issue a blanket
2            approval of training programs implemented pursuant
3            to the federal Workforce Innovation and
4            Opportunity Act if both the training program and
5            the criteria for an individual's participation in
6            such training meet the requirements of this
7            paragraph C.
8                (d) Notwithstanding the requirements of
9            subparagraph (a), the Director shall have the
10            authority to issue blanket approval of training
11            programs implemented under the terms of a
12            collective bargaining agreement.
13            6. Notwithstanding any other provisions of this
14        Act, an individual shall not be deemed unavailable for
15        work or to have failed actively to seek work, nor shall
16        he be ineligible for benefits, by reason of the
17        application of the provisions of Section 603 with
18        respect to any week because he is in training approved
19        under Section 236 (a)(1) of the federal Trade Act of
20        1974, nor shall an individual be ineligible for
21        benefits under the provisions of Section 601 by reason
22        of leaving work voluntarily to enter such training if
23        the work left is not of a substantially equal or higher
24        skill level than the individual's past adversely
25        affected employment as defined under the federal Trade
26        Act of 1974 and the wages for such work are less than

 

 

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1        80% of his average weekly wage as determined under the
2        federal Trade Act of 1974.
3        D. If his benefit year begins prior to July 6, 1975 or
4    subsequent to January 2, 1982, he has been unemployed for a
5    waiting period of 1 week during such benefit year. If his
6    benefit year begins on or after July 6, 1975, but prior to
7    January 3, 1982, and his unemployment continues for more
8    than three weeks during such benefit year, he shall be
9    eligible for benefits with respect to each week of such
10    unemployment, including the first week thereof. An
11    individual shall be deemed to be unemployed within the
12    meaning of this subsection while receiving public
13    assistance as remuneration for services performed on work
14    projects financed from funds made available to
15    governmental agencies for such purpose. No week shall be
16    counted as a week of unemployment for the purposes of this
17    subsection:
18            1. Unless it occurs within the benefit year which
19        includes the week with respect to which he claims
20        payment of benefits, provided that, for benefit years
21        beginning prior to January 3, 1982, this requirement
22        shall not interrupt the payment of benefits for
23        consecutive weeks of unemployment; and provided
24        further that the week immediately preceding a benefit
25        year, if part of one uninterrupted period of
26        unemployment which continues into such benefit year,

 

 

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1        shall be deemed (for the purpose of this subsection
2        only and with respect to benefit years beginning prior
3        to January 3, 1982, only) to be within such benefit
4        year, as well as within the preceding benefit year, if
5        the unemployed individual would, except for the
6        provisions of the first paragraph and paragraph 1 of
7        this subsection and of Section 605, be eligible for and
8        entitled to benefits for such week.
9            2. If benefits have been paid with respect thereto.
10            3. Unless the individual was eligible for benefits
11        with respect thereto except for the requirements of
12        this subsection and of Section 605.
13        D-5. Notwithstanding subsection D, if the individual's
14    benefit year begins on or after March 8, 2020, but prior to
15    the week following the later of (a) the last week of a
16    disaster period established by the Gubernatorial Disaster
17    Proclamation in response to COVID-19, dated March 9, 2020,
18    and any subsequent Gubernatorial Disaster Proclamation in
19    response to COVID-19 or (b) the last week for which federal
20    sharing is provided as authorized by Section 2105 of Public
21    Law 116-136 or any amendment thereto, the individual is not
22    subject to the requirement that the individual be
23    unemployed for a waiting period of one week during such
24    benefit year.
25        E. With respect to any benefit year beginning prior to
26    January 3, 1982, he has been paid during his base period

 

 

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1    wages for insured work not less than the amount specified
2    in Section 500E of this Act as amended and in effect on
3    October 5, 1980. With respect to any benefit year beginning
4    on or after January 3, 1982, he has been paid during his
5    base period wages for insured work equal to not less than
6    $1,600, provided that he has been paid wages for insured
7    work equal to at least $440 during that part of his base
8    period which does not include the calendar quarter in which
9    the wages paid to him were highest.
10        F. During that week he has participated in reemployment
11    services to which he has been referred, including but not
12    limited to job search assistance services, pursuant to a
13    profiling system established by the Director by rule in
14    conformity with Section 303(j)(1) of the federal Social
15    Security Act, unless the Director determines that:
16            1. the individual has completed such services; or
17            2. there is justifiable cause for the claimant's
18        failure to participate in such services.
19        This subsection F is added by this amendatory Act of
20    1995 to clarify authority already provided under
21    subsections A and C in connection with the unemployment
22    insurance claimant profiling system required under
23    subsections (a)(10) and (j)(1) of Section 303 of the
24    federal Social Security Act as a condition of federal
25    funding for the administration of the Unemployment
26    Insurance Act.

 

 

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1(Source: P.A. 100-477, eff. 9-8-17.)
 
2    (820 ILCS 405/612)  (from Ch. 48, par. 442)
3    Sec. 612. Academic Personnel - Ineligibility between
4academic years or terms.
5    A. Benefits based on wages for services which are
6employment under the provisions of Sections 211.1, 211.2, and
7302C shall be payable in the same amount, on the same terms,
8and subject to the same conditions as benefits payable on the
9basis of wages for other services which are employment under
10this Act; except that:
11        1. An individual shall be ineligible for benefits, on
12    the basis of wages for employment in an instructional,
13    research, or principal administrative capacity performed
14    for an institution of higher education, for any week which
15    begins during the period between two successive academic
16    years, or during a similar period between two regular
17    terms, whether or not successive, or during a period of
18    paid sabbatical leave provided for in the individual's
19    contract, if the individual has a contract or contracts to
20    perform services in any such capacity for any institution
21    or institutions of higher education for both such academic
22    years or both such terms.
23        This paragraph 1 shall apply with respect to any week
24    which begins prior to January 1, 1978.
25        2. An individual shall be ineligible for benefits, on

 

 

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1    the basis of wages for service in employment in any
2    capacity other than those referred to in paragraph 1,
3    performed for an institution of higher learning, for any
4    week which begins after September 30, 1983, during a period
5    between two successive academic years or terms, if the
6    individual performed such service in the first of such
7    academic years or terms and there is a reasonable assurance
8    that the individual will perform such service in the second
9    of such academic years or terms.
10        3. An individual shall be ineligible for benefits, on
11    the basis of wages for service in employment in any
12    capacity other than those referred to in paragraph 1,
13    performed for an institution of higher education, for any
14    week which begins after January 5, 1985, during an
15    established and customary vacation period or holiday
16    recess, if the individual performed such service in the
17    period immediately before such vacation period or holiday
18    recess and there is a reasonable assurance that the
19    individual will perform such service in the period
20    immediately following such vacation period or holiday
21    recess.
22    B. Benefits based on wages for services which are
23employment under the provisions of Sections 211.1 and 211.2
24shall be payable in the same amount, on the same terms, and
25subject to the same conditions, as benefits payable on the
26basis of wages for other services which are employment under

 

 

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1this Act, except that:
2        1. An individual shall be ineligible for benefits, on
3    the basis of wages for service in employment in an
4    instructional, research, or principal administrative
5    capacity performed for an educational institution, for any
6    week which begins after December 31, 1977, during a period
7    between two successive academic years, or during a similar
8    period between two regular terms, whether or not
9    successive, or during a period of paid sabbatical leave
10    provided for in the individual's contract, if the
11    individual performed such service in the first of such
12    academic years (or terms) and if there is a contract or a
13    reasonable assurance that the individual will perform
14    service in any such capacity for any educational
15    institution in the second of such academic years (or
16    terms).
17        2. An individual shall be ineligible for benefits, on
18    the basis of wages for service in employment in any
19    capacity other than those referred to in paragraph 1,
20    performed for an educational institution, for any week
21    which begins after December 31, 1977, during a period
22    between two successive academic years or terms, if the
23    individual performed such service in the first of such
24    academic years or terms and there is a reasonable assurance
25    that the individual will perform such service in the second
26    of such academic years or terms.

 

 

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1        3. An individual shall be ineligible for benefits, on
2    the basis of wages for service in employment in any
3    capacity performed for an educational institution, for any
4    week which begins after January 5, 1985, during an
5    established and customary vacation period or holiday
6    recess, if the individual performed such service in the
7    period immediately before such vacation period or holiday
8    recess and there is a reasonable assurance that the
9    individual will perform such service in the period
10    immediately following such vacation period or holiday
11    recess.
12        4. An individual shall be ineligible for benefits on
13    the basis of wages for service in employment in any
14    capacity performed in an educational institution while in
15    the employ of an educational service agency for any week
16    which begins after January 5, 1985, (a) during a period
17    between two successive academic years or terms, if the
18    individual performed such service in the first of such
19    academic years or terms and there is a reasonable assurance
20    that the individual will perform such service in the second
21    of such academic years or terms; and (b) during an
22    established and customary vacation period or holiday
23    recess, if the individual performed such service in the
24    period immediately before such vacation period or holiday
25    recess and there is a reasonable assurance that the
26    individual will perform such service in the period

 

 

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1    immediately following such vacation period or holiday
2    recess. The term "educational service agency" means a
3    governmental agency or governmental entity which is
4    established and operated exclusively for the purpose of
5    providing such services to one or more educational
6    institutions.
7    C. 1. If benefits are denied to any individual under the
8provisions of paragraph 2 of either subsection A or B of this
9Section for any week which begins on or after September 3, 1982
10and such individual is not offered a bona fide opportunity to
11perform such services for the educational institution for the
12second of such academic years or terms, such individual shall
13be entitled to a retroactive payment of benefits for each week
14for which the individual filed a timely claim for benefits as
15determined by the rules and regulations issued by the Director
16for the filing of claims for benefits, provided that such
17benefits were denied solely because of the provisions of
18paragraph 2 of either subsection A or B of this Section.
19    2. If benefits on the basis of wages for service in
20employment in other than an instructional, research, or
21principal administrative capacity performed in an educational
22institution while in the employ of an educational service
23agency are denied to any individual under the provisions of
24subparagraph (a) of paragraph 4 of subsection B and such
25individual is not offered a bona fide opportunity to perform
26such services in an educational institution while in the employ

 

 

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1of an educational service agency for the second of such
2academic years or terms, such individual shall be entitled to a
3retroactive payment of benefits for each week for which the
4individual filed a timely claim for benefits as determined by
5the rules and regulations issued by the Director for the filing
6of claims for benefits, provided that such benefits were denied
7solely because of subparagraph (a) of paragraph 4 of subsection
8B of this Section.
9    D. Notwithstanding any other provision in this Section or
10paragraph 2 of subsection C of Section 500 to the contrary,
11with respect to a week of unemployment beginning on or after
12March 15, 2020, and before December 31, 2020, benefits shall be
13payable to an individual on the basis of wages for employment
14in other than an instructional, research, or principal
15administrative capacity performed for an educational
16institution or an educational service agency under any of the
17circumstances described in this Section, to the extent
18permitted under Section 3304(a)(6) of the Federal Unemployment
19Tax Act, as long as the individual is otherwise eligible for
20benefits.
21(Source: P.A. 87-1178.)
 
22    (820 ILCS 405/1502.4 new)
23    Sec. 1502.4. Benefit charges; COVID-19.
24    A. With respect to any benefits paid for a week of
25unemployment that begins on or after March 15, 2020, and before

 

 

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1December 31, 2020, and is directly or indirectly attributable
2to COVID-19, notwithstanding any other provisions to the
3contrary an employer that is subject to the payment of
4contributions shall not be chargeable for any benefit charges.
5    B. With respect to any regular benefits paid for a week of
6unemployment that begins on or after March 15, 2020, and before
7December 31, 2020, and is directly or indirectly attributable
8to COVID-19, notwithstanding any other provisions to the
9contrary except subsection E, a nonprofit organization that is
10subject to making payments in lieu of contributions shall be
11chargeable for 50% of the benefits paid.
12    C. With respect to any benefits paid for a week of
13unemployment that begins on or after March 15, 2020, and before
14December 31, 2020, and is directly or indirectly attributable
15to COVID-19, notwithstanding any other provisions to the
16contrary except subsection E, the State and any local
17government that is subject to making payments in lieu of
18contributions shall be chargeable for 50% of the benefits paid,
19irrespective of whether the State or local government paid the
20individual who received the benefits wages for insured work
21during the individual's base period.
22    D. Subsections A, B, and C shall only apply to the extent
23that the employer can show that the individual's unemployment
24for the week was directly or indirectly attributable to
25COVID-19.
26    E. No employer shall be chargeable for the week of benefits

 

 

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1paid to an individual under the provisions of Section 500D-1.
 
2    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
3    Sec. 1505. Adjustment of state experience factor. The state
4experience factor shall be adjusted in accordance with the
5following provisions:
6    A. For calendar years prior to 1988, the state experience
7factor shall be adjusted in accordance with the provisions of
8this Act as amended and in effect on November 18, 2011.
9    B. (Blank).
10    C. For calendar year 1988 and each calendar year
11thereafter, for which the state experience factor is being
12determined.
13        1. For every $50,000,000 (or fraction thereof) by which
14    the adjusted trust fund balance falls below the target
15    balance set forth in this subsection, the state experience
16    factor for the succeeding year shall be increased one
17    percent absolute.
18        For every $50,000,000 (or fraction thereof) by which
19    the adjusted trust fund balance exceeds the target balance
20    set forth in this subsection, the state experience factor
21    for the succeeding year shall be decreased by one percent
22    absolute.
23        The target balance in each calendar year prior to 2003
24    is $750,000,000. The target balance in calendar year 2003
25    is $920,000,000. The target balance in calendar year 2004

 

 

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1    is $960,000,000. The target balance in calendar year 2005
2    and each calendar year thereafter is $1,000,000,000.
3        2. For the purposes of this subsection:
4        "Net trust fund balance" is the amount standing to the
5    credit of this State's account in the unemployment trust
6    fund as of June 30 of the calendar year immediately
7    preceding the year for which a state experience factor is
8    being determined.
9        "Adjusted trust fund balance" is the net trust fund
10    balance minus the sum of the benefit reserves for fund
11    building for July 1, 1987 through June 30 of the year prior
12    to the year for which the state experience factor is being
13    determined. The adjusted trust fund balance shall not be
14    less than zero. If the preceding calculation results in a
15    number which is less than zero, the amount by which it is
16    less than zero shall reduce the sum of the benefit reserves
17    for fund building for subsequent years.
18        For the purpose of determining the state experience
19    factor for 1989 and for each calendar year thereafter, the
20    following "benefit reserves for fund building" shall apply
21    for each state experience factor calculation in which that
22    12 month period is applicable:
23            a. For the 12 month period ending on June 30, 1988,
24        the "benefit reserve for fund building" shall be
25        8/104th of the total benefits paid from January 1, 1988
26        through June 30, 1988.

 

 

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1            b. For the 12 month period ending on June 30, 1989,
2        the "benefit reserve for fund building" shall be the
3        sum of:
4                i. 8/104ths of the total benefits paid from
5            July 1, 1988 through December 31, 1988, plus
6                ii. 4/108ths of the total benefits paid from
7            January 1, 1989 through June 30, 1989.
8            c. For the 12 month period ending on June 30, 1990,
9        the "benefit reserve for fund building" shall be
10        4/108ths of the total benefits paid from July 1, 1989
11        through December 31, 1989.
12            d. For 1992 and for each calendar year thereafter,
13        the "benefit reserve for fund building" for the 12
14        month period ending on June 30, 1991 and for each
15        subsequent 12 month period shall be zero.
16        3. Notwithstanding the preceding provisions of this
17    subsection, for calendar years 1988 through 2003, the state
18    experience factor shall not be increased or decreased by
19    more than 15 percent absolute.
20    D. Notwithstanding the provisions of subsection C, the
21adjusted state experience factor:
22        1. Shall be 111 percent for calendar year 1988;
23        2. Shall not be less than 75 percent nor greater than
24    135 percent for calendar years 1989 through 2003; and shall
25    not be less than 75% nor greater than 150% for calendar
26    year 2004 and each calendar year thereafter, not counting

 

 

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1    any increase pursuant to subsection D-1, D-2, or D-3;
2        3. Shall not be decreased by more than 5 percent
3    absolute for any calendar year, beginning in calendar year
4    1989 and through calendar year 1992, by more than 6%
5    absolute for calendar years 1993 through 1995, by more than
6    10% absolute for calendar years 1999 through 2003 and by
7    more than 12% absolute for calendar year 2004 and each
8    calendar year thereafter, from the adjusted state
9    experience factor of the calendar year preceding the
10    calendar year for which the adjusted state experience
11    factor is being determined;
12        4. Shall not be increased by more than 15% absolute for
13    calendar year 1993, by more than 14% absolute for calendar
14    years 1994 and 1995, by more than 10% absolute for calendar
15    years 1999 through 2003 and by more than 16% absolute for
16    calendar year 2004 and each calendar year thereafter, from
17    the adjusted state experience factor for the calendar year
18    preceding the calendar year for which the adjusted state
19    experience factor is being determined;
20        5. Shall be 100% for calendar years 1996, 1997, and
21    1998.
22    D-1. The adjusted state experience factor for each of
23calendar years 2013 through 2015 shall be increased by 5%
24absolute above the adjusted state experience factor as
25calculated without regard to this subsection. The adjusted
26state experience factor for each of calendar years 2016 through

 

 

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12018 shall be increased by 6% absolute above the adjusted state
2experience factor as calculated without regard to this
3subsection. The increase in the adjusted state experience
4factor for calendar year 2018 pursuant to this subsection shall
5not be counted for purposes of applying paragraph 3 or 4 of
6subsection D to the calculation of the adjusted state
7experience factor for calendar year 2019.
8    D-2. (Blank).
9    D-3. The adjusted state experience factor for calendar year
102022 shall be increased by 16% 22% absolute above the adjusted
11state experience factor as calculated without regard to this
12subsection. The increase in the adjusted state experience
13factor for calendar year 2022 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 2023.
17    E. The amount standing to the credit of this State's
18account in the unemployment trust fund as of June 30 shall be
19deemed to include as part thereof (a) any amount receivable on
20that date from any Federal governmental agency, or as a payment
21in lieu of contributions under the provisions of Sections 1403
22and 1405 B and paragraph 2 of Section 302C, in reimbursement of
23benefits paid to individuals, and (b) amounts credited by the
24Secretary of the Treasury of the United States to this State's
25account in the unemployment trust fund pursuant to Section 903
26of the Federal Social Security Act, as amended, including any

 

 

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1such amounts which have been appropriated by the General
2Assembly in accordance with the provisions of Section 2100 B
3for expenses of administration, except any amounts which have
4been obligated on or before that date pursuant to such
5appropriation.
6(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
 
7    (820 ILCS 405/1506.6)
8    Sec. 1506.6. Surcharge; specified period. For each
9employer whose contribution rate for calendar year 2022 is
10determined pursuant to Section 1500 or 1506.1, in addition to
11the contribution rate established pursuant to Section 1506.3,
12an additional surcharge of 0.325% 0.425% shall be added to the
13contribution rate. The surcharge established by this Section
14shall be due at the same time as other contributions with
15respect to the quarter are due, as provided in Section 1400.
16Payments attributable to the surcharge established pursuant to
17this Section shall be contributions and deposited into the
18clearing account.
19(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
 
20    Section 90. The State Mandates Act is amended by adding
21Section 8.44 as follows:
 
22    (30 ILCS 805/8.44 new)
23    Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8

 

 

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1of this Act, no reimbursement by the State is required for the
2implementation of any mandate created by this amendatory Act of
3the 101st General Assembly.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".