093_HB0523

 
                                     LRB093 06104 MBS 06209 b

 1        AN ACT concerning unemployment insurance.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Unemployment Insurance Act is amended by
 5    changing Section 612 as follows:

 6        (820 ILCS 405/612) (from Ch. 48, par. 442)
 7        Sec. 612.  Academic  Personnel  -  Ineligibility  between
 8    academic years or terms.
 9        A.  Benefits  based  on  wages  for  services  which  are
10    employment under the provisions of Sections 211.1, and 211.2,
11    and  302C  shall  be  payable in the same amount, on the same
12    terms, and subject to the same conditions as benefits payable
13    on the basis of wages for other services which are employment
14    under this Act; except that an individual is  ineligible  for
15    benefits,   on   the  basis  of  wages  for  services  in  an
16    instructional, research, or principal administrative capacity
17    performed:
18             1.  For an educational  institution,  for  any  week
19        that  begins  during  the  period  between  2  successive
20        academic  years  or terms (or, when an agreement provides
21        instead for a similar period between 2  regular  but  not
22        successive  terms, during that period) or during a period
23        of paid sabbatical leave provided for in the individual's
24        contract, if the individual performs  those  services  in
25        the first of the academic years (or terms) and there is a
26        contract or reasonable assurance that the individual will
27        perform services in any such capacity for any educational
28        institution,  in  the  second  of those academic years or
29        terms.
30             2.  For an educational  institution,  for  any  week
31        that  begins during an established and customary vacation
 
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 1        period or holiday  recess,  if  the  individual  performs
 2        those  services  in  the  period  immediately  before the
 3        vacation  period  or  holiday  recess  and  there  is   a
 4        reasonable  assurance  that  the  individual will perform
 5        those services in the period  immediately  following  the
 6        vacation period or holiday recess.
 7             3.  In  an  educational  institution,  while  in the
 8        employ of an educational service agency for any week: (i)
 9        during a period between 2 successive  academic  years  or
10        terms,  if the individual performed those services in the
11        first of those academic years or terms  and  there  is  a
12        reasonable  assurance  that  the  individual will perform
13        those services in the second of those academic  years  or
14        terms;  and  (ii)  during  an  established  and customary
15        vacation period or  holiday  recess,  if  the  individual
16        performed those services in the period immediately before
17        the  vacation  period  or  holiday  recess and there is a
18        reasonable assurance that  the  individual  will  perform
19        those  services  in  the period immediately following the
20        vacation period or  holiday  recess.   As  used  in  this
21        Section,    "educational    service   agency"   means   a
22        governmental  agency  or  governmental  entity  that   is
23        established  and  operated exclusively for the purpose of
24        providing  such  service  to  one  or  more   educational
25        institutions.
26    :  1.  an individual shall be ineligible for benefits, on the
27    basis of wages for employment in an instructional,  research,
28    or   principal   administrative  capacity  performed  for  an
29    institution of higher education, for any  week  which  begins
30    during  the  period between two successive academic years, or
31    during a similar period between two regular terms, whether or
32    not successive, or during a period of paid  sabbatical  leave
33    provided  for in the individual's contract, if the individual
34    has a contract or contracts to perform services in  any  such
 
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 1    capacity  for  any  institution  or  institutions  of  higher
 2    education for both such academic years or both such terms.
 3        This  paragraph  1  shall  apply with respect to any week
 4    which begins prior to January 1, 1978.
 5             2.  An individual shall be ineligible for  benefits,
 6        on  the  basis  of wages for service in employment in any
 7        capacity other than those referred  to  in  paragraph  1,
 8        performed  for an institution of higher learning, for any
 9        week which begins after  September  30,  1983,  during  a
10        period between two successive academic years or terms, if
11        the  individual  performed  such  service in the first of
12        such academic years or terms and there  is  a  reasonable
13        assurance  that  the individual will perform such service
14        in the second of such academic years or terms.
15             3.  An individual shall be ineligible for  benefits,
16        on  the  basis  of wages for service in employment in any
17        capacity other than those referred  to  in  paragraph  1,
18        performed for an institution of higher education, for any
19        week  which  begins  after  January  5,  1985,  during an
20        established and  customary  vacation  period  or  holiday
21        recess,  if  the individual performed such service in the
22        period immediately before such vacation period or holiday
23        recess and there  is  a  reasonable  assurance  that  the
24        individual  will  perform  such  service  in  the  period
25        immediately  following  such  vacation  period or holiday
26        recess.
27        B.  Benefits  based  on  wages  for  services  which  are
28    employment under the provisions of Sections 211.1  and  211.2
29    shall  be  payable in the same amount, on the same terms, and
30    subject to the same conditions, as benefits  payable  on  the
31    basis  of wages for other services which are employment under
32    this Act, except that:  1. an individual shall be  ineligible
33    for benefits, on the basis of wages for service in employment
34    in  an  instructional,  research, or principal administrative
 
                            -4-      LRB093 06104 MBS 06209 b
 1    capacity performed for an educational  institution,  for  any
 2    week  which  begins  after December 31, 1977, during a period
 3    between two successive academic years, or  during  a  similar
 4    period  between two regular terms, whether or not successive,
 5    or during a period of paid sabbatical leave provided  for  in
 6    the  individual's  contract, if the individual performed such
 7    service in the first of such academic years (or terms) and if
 8    there is a  contract  or  a  reasonable  assurance  that  the
 9    individual  will perform service in any such capacity for any
10    educational institution in the second of such academic  years
11    (or terms).
12             2.  An  individual shall be ineligible for benefits,
13        on the basis of wages for service in  employment  in  any
14        capacity  other  than  those  referred to in paragraph 1,
15        performed for an educational institution,  for  any  week
16        which  begins  after  December  31, 1977, 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
20        assurance that the individual will perform  such  service
21        in the second of such academic years or terms.
22             3.  An  individual shall be ineligible for benefits,
23        on the basis of wages for service in  employment  in  any
24        capacity  performed  for  an educational institution, for
25        any week which begins after January 5,  1985,  during  an
26        established  and  customary  vacation  period  or holiday
27        recess, if the individual performed such service  in  the
28        period immediately before such vacation period or holiday
29        recess  and  there  is  a  reasonable  assurance that the
30        individual  will  perform  such  service  in  the  period
31        immediately following such  vacation  period  or  holiday
32        recess.
33             4.  An  individual  shall be ineligible for benefits
34        on the basis of wages for service in  employment  in  any
 
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 1        capacity performed in an educational institution while in
 2        the  employ of an educational service agency for any week
 3        which begins after January 5, 1985, (a) during  a  period
 4        between  two  successive  academic years or terms, if the
 5        individual performed such service in the  first  of  such
 6        academic  years  or  terms  and  there  is  a  reasonable
 7        assurance  that  the individual will perform such service
 8        in the second of such academic years or  terms;  and  (b)
 9        during  an  established  and customary vacation period or
10        holiday recess, if the individual performed such  service
11        in  the period immediately before such vacation period or
12        holiday recess and there is a reasonable  assurance  that
13        the  individual  will  perform such service in the period
14        immediately following such  vacation  period  or  holiday
15        recess.  The  term  "educational  service agency" means a
16        governmental  agency  or  governmental  entity  which  is
17        established and operated exclusively for the  purpose  of
18        providing  such  services  to  one  or  more  educational
19        institutions.
20        C. 1.  If benefits are denied to any individual under the
21    provisions of paragraph 2 of either subsection A or B of this
22    Section  for  any  week which begins on or after September 3,
23    1982  and  such  individual  is  not  offered  a  bona   fide
24    opportunity  to  perform  such  services  for the educational
25    institution for the second of such academic years  or  terms,
26    such individual shall be entitled to a retroactive payment of
27    benefits  for  each  week  for  which  the individual filed a
28    timely claim for benefits as  determined  by  the  rules  and
29    regulations  issued  by the Director for the filing of claims
30    for benefits, provided that such benefits were denied  solely
31    because of the provisions of paragraph 2 of either subsection
32    A or B of this Section.
33        2.  If  benefits  on  the  basis  of wages for service in
34    employment in  other  than  an  instructional,  research,  or
 
                            -6-      LRB093 06104 MBS 06209 b
 1    principal administrative capacity performed in an educational
 2    institution  while  in  the  employ of an educational service
 3    agency are denied to any individual under the  provisions  of
 4    subparagraph  (a)  of  paragraph  4  of subsection B and such
 5    individual is not offered a bona fide opportunity to  perform
 6    such  services  in  an  educational  institution while in the
 7    employ of an educational service agency  for  the  second  of
 8    such  academic  years  or  terms,  such  individual  shall be
 9    entitled to a retroactive payment of benefits for  each  week
10    for which the individual filed a timely claim for benefits as
11    determined  by  the  rules  and  regulations  issued  by  the
12    Director for the filing of claims for benefits, provided that
13    such  benefits were denied solely because of subparagraph (a)
14    of paragraph 4 of subsection B of this Section.
15    (Source: P.A. 87-1178.)