102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3897

 

Introduced 2/22/2021, by Rep. Janet Yang Rohr

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/1502.1  from Ch. 48, par. 572.1

    Amends the Unemployment Insurance Act. Provides that an employer's liability to pay benefit charges shall be limited to 50% of the benefit charges resulting from payments to a claimant.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Section 1502.1 as follows:
 
6    (820 ILCS 405/1502.1)  (from Ch. 48, par. 572.1)
7    Sec. 1502.1. Employer's benefit charges.
8    A. Benefit charges which result from payments to any
9claimant made on or after July 1, 1989 shall be charged:
10        1. For benefit years beginning prior to July 1, 1989,
11    to each employer who paid wages to the claimant during his
12    base period;
13        2. For benefit years beginning on or after July 1,
14    1989 but before January 1, 1993, to the later of:
15            a. the last employer prior to the beginning of the
16        claimant's benefit year:
17                i. from whom the claimant was separated or
18            who, by reduction of work offered, caused the
19            claimant to become unemployed as defined in
20            Section 239, and,
21                ii. for whom the claimant performed services
22            in employment, on each of 30 days whether or not
23            such days are consecutive, provided that the wages

 

 

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1            for such services were earned during the period
2            from the beginning of the claimant's base period
3            to the beginning of the claimant's benefit year;
4            but that employer shall not be charged if:
5                    (1) the claimant's last separation from
6                that employer was a voluntary leaving without
7                good cause, as the term is used in Section
8                601A or under the circumstances described in
9                paragraphs 1 and 2 of Section 601B; or
10                    (2) the claimant's last separation from
11                that employer was a discharge for misconduct
12                or a felony or theft connected with his work
13                from that employer, as these terms are used in
14                Section 602; or
15                    (3) after his last separation from that
16                employer, prior to the beginning of his
17                benefit year, the claimant refused to accept
18                an offer of or to apply for suitable work from
19                that employer without good cause, as these
20                terms are used in Section 603; or
21                    (4) the claimant, following his last
22                separation from that employer, prior to the
23                beginning of his benefit year, is ineligible
24                or would have been ineligible under Section
25                612 if he has or had had base period wages from
26                the employers to which that Section applies;

 

 

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1                or
2                    (5) the claimant subsequently performed
3                services for at least 30 days for an
4                individual or organization which is not an
5                employer subject to this Act; or
6            b. the single employer who pays wages to the
7        claimant that allow him to requalify for benefits
8        after disqualification under Section 601, 602 or 603,
9        if:
10                i. the disqualifying event occurred prior to
11            the beginning of the claimant's benefit year, and
12                ii. the requalification occurred after the
13            beginning of the claimant's benefit year, and
14                iii. even if the 30 day requirement given in
15            this paragraph is not satisfied; but
16                iv. the requalifying employer shall not be
17            charged if the claimant is held ineligible with
18            respect to that requalifying employer under
19            Section 601, 602 or 603.
20        3. For benefit years beginning on or after January 1,
21    1993, with respect to each week for which benefits are
22    paid, to the later of:
23            a. the last employer:
24                i. from whom the claimant was separated or
25            who, by reduction of work offered, caused the
26            claimant to become unemployed as defined in

 

 

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1            Section 239, and
2                ii. for whom the claimant performed services
3            in employment, on each of 30 days whether or not
4            such days are consecutive, provided that the wages
5            for such services were earned since the beginning
6            of the claimant's base period; but that employer
7            shall not be charged if:
8                    (1) the claimant's separation from that
9                employer was a voluntary leaving without good
10                cause, as the term is used in Section 601A or
11                under the circumstances described in
12                paragraphs 1, 2, and 6 of Section 601B; or
13                    (2) the claimant's separation from that
14                employer was a discharge for misconduct or a
15                felony or theft connected with his work from
16                that employer, as these terms are used in
17                Section 602; or
18                    (3) the claimant refused to accept an
19                offer of or to apply for suitable work from
20                that employer without good cause, as these
21                terms are used in Section 603 (but only for
22                weeks following the refusal of work); or
23                    (4) the claimant subsequently performed
24                services for at least 30 days for an
25                individual or organization which is not an
26                employer subject to this Act; or

 

 

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1                    (5) the claimant, following his separation
2                from that employer, is ineligible or would
3                have been ineligible under Section 612 if he
4                has or had had base period wages from the
5                employers to which that Section applies (but
6                only for the period of ineligibility or
7                potential ineligibility); or
8            b. the single employer who pays wages to the
9        claimant that allow him to requalify for benefits
10        after disqualification under Section 601, 602, or 603,
11        even if the 30 day requirement given in this paragraph
12        is not satisfied; but the requalifying employer shall
13        not be charged if the claimant is held ineligible with
14        respect to that requalifying employer under Section
15        601, 602, or 603.
16    A-5. On and after the effective date of this amendatory
17Act of the 102nd General Assembly, an employer shall be
18charged for only 50% of the benefit charges that result from
19the payment of benefits to the claimant.
20    B. Whenever a claimant is ineligible pursuant to Section
21614 on the basis of wages paid during his base period, any days
22on which such wages were earned shall not be counted in
23determining whether that claimant performed services during at
24least 30 days for the employer that paid such wages as required
25by paragraphs 2 and 3 of subsection A.
26    C. If no employer meets the requirements of paragraph 2 or

 

 

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13 of subsection A, then no employer will be chargeable for any
2benefit charges which result from the payment of benefits to
3the claimant for that benefit year.
4    D. Notwithstanding the preceding provisions of this
5Section, no employer shall be chargeable for any benefit
6charges which result from the payment of benefits to any
7claimant after the effective date of this amendatory Act of
81992 where the claimant's separation from that employer
9occurred as a result of his detention, incarceration, or
10imprisonment under State, local, or federal law.
11    D-1. Notwithstanding any other provision of this Act,
12including those affecting finality of benefit charges or
13rates, an employer shall not be chargeable for any benefit
14charges which result from the payment of benefits to an
15individual for any week of unemployment after January 1, 2003,
16during the period that the employer's business is closed
17solely because of the entrance of the employer, one or more of
18the partners or officers of the employer, or the majority
19stockholder of the employer into active duty in the Illinois
20National Guard or the Armed Forces of the United States.
21    D-2. Notwithstanding any other provision of this Act, an
22employer shall not be chargeable for any benefit charges that
23result from the payment of benefits to an individual for any
24week of unemployment after the effective date of this
25amendatory Act of the 100th General Assembly if the payment
26was the result of the individual voluntarily leaving work

 

 

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1under the conditions described in item 6 of subsection C of
2Section 500.
3    E. For the purposes of Sections 302, 409, 701, 1403, 1404,
41405 and 1508.1, last employer means the employer that:
5        1. is charged for benefit payments which become
6    benefit charges under this Section, or
7        2. would have been liable for such benefit charges if
8    it had not elected to make payments in lieu of
9    contributions.
10(Source: P.A. 100-484, eff. 9-8-17.)