97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5735

 

Introduced 2/16/2012, by Rep. Joe Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/401  from Ch. 48, par. 401

    Amends the Unemployment Insurance Act. Provides that when custody of a dependent child has been determined by adjudication, the benefits available with respect to that dependent child shall be allocated according to the terms of the adjudication. Requires the Department of Employment Security to adopt rules to implement the allocation.


LRB097 17795 JLS 63011 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5735LRB097 17795 JLS 63011 b

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 401 as follows:
 
6    (820 ILCS 405/401)  (from Ch. 48, par. 401)
7    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
8    A. With respect to any week beginning prior to April 24,
91983, an individual's weekly benefit amount shall be an amount
10equal to the weekly benefit amount as defined in this Act as in
11effect on November 30, 1982.
12    B. 1. With respect to any week beginning on or after April
1324, 1983 and before January 3, 1988, an individual's weekly
14benefit amount shall be 48% of his prior average weekly wage,
15rounded (if not already a multiple of one dollar) to the next
16higher dollar; provided, however, that the weekly benefit
17amount cannot exceed the maximum weekly benefit amount, and
18cannot be less than 15% of the statewide average weekly wage,
19rounded (if not already a multiple of one dollar) to the next
20higher dollar. However, the weekly benefit amount for an
21individual who has established a benefit year beginning before
22April 24, 1983, shall be determined, for weeks beginning on or
23after April 24, 1983 claimed with respect to that benefit year,

 

 

HB5735- 2 -LRB097 17795 JLS 63011 b

1as provided under this Act as in effect on November 30, 1982.
2With respect to any week beginning on or after January 3, 1988
3and before January 1, 1993, an individual's weekly benefit
4amount shall be 49% of his prior average weekly wage, rounded
5(if not already a multiple of one dollar) to the next higher
6dollar; provided, however, that the weekly benefit amount
7cannot exceed the maximum weekly benefit amount, and cannot be
8less than $51. With respect to any week beginning on or after
9January 3, 1993 and during a benefit year beginning before
10January 4, 2004, an individual's weekly benefit amount shall be
1149.5% of his prior average weekly wage, rounded (if not already
12a multiple of one dollar) to the next higher dollar; provided,
13however, that the weekly benefit amount cannot exceed the
14maximum weekly benefit amount and cannot be less than $51. With
15respect to any benefit year beginning on or after January 4,
162004 and before January 6, 2008, an individual's weekly benefit
17amount shall be 48% of his or her prior average weekly wage,
18rounded (if not already a multiple of one dollar) to the next
19higher dollar; provided, however, that the weekly benefit
20amount cannot exceed the maximum weekly benefit amount and
21cannot be less than $51. Except as otherwise provided in this
22Section, with respect to any benefit year beginning on or after
23January 6, 2008, an individual's weekly benefit amount shall be
2447% of his or her prior average weekly wage, rounded (if not
25already a multiple of one dollar) to the next higher dollar;
26provided, however, that the weekly benefit amount cannot exceed

 

 

HB5735- 3 -LRB097 17795 JLS 63011 b

1the maximum weekly benefit amount and cannot be less than $51.
2With respect to any benefit year beginning in calendar year
32016, an individual's weekly benefit amount shall be 42.8% of
4his or her prior average weekly wage, rounded (if not already a
5multiple of one dollar) to the next higher dollar; provided,
6however, that the weekly benefit amount cannot exceed the
7maximum weekly benefit amount and cannot be less than $51. With
8respect to any benefit year beginning in calendar year 2018, an
9individual's weekly benefit amount shall be 42.9% of his or her
10prior average weekly wage, rounded (if not already a multiple
11of one dollar) to the next higher dollar; provided, however,
12that the weekly benefit amount cannot exceed the maximum weekly
13benefit amount and cannot be less than $51.
14    2. For the purposes of this subsection:
15    With respect to any week beginning on or after April 24,
161983, an individual's "prior average weekly wage" means the
17total wages for insured work paid to that individual during the
182 calendar quarters of his base period in which such total
19wages were highest, divided by 26. If the quotient is not
20already a multiple of one dollar, it shall be rounded to the
21nearest dollar; however if the quotient is equally near 2
22multiples of one dollar, it shall be rounded to the higher
23multiple of one dollar.
24    "Determination date" means June 1, 1982, December 1, 1982
25and December 1 of each succeeding calendar year thereafter.
26However, if as of June 30, 1982, or any June 30 thereafter, the

 

 

HB5735- 4 -LRB097 17795 JLS 63011 b

1net amount standing to the credit of this State's account in
2the unemployment trust fund (less all outstanding advances to
3that account, including advances pursuant to Title XII of the
4federal Social Security Act) is greater than $100,000,000,
5"determination date" shall mean December 1 of that year and
6June 1 of the succeeding year. Notwithstanding the preceding
7sentence, for the purposes of this Act only, there shall be no
8June 1 determination date in any year after 1986.
9    "Determination period" means, with respect to each June 1
10determination date, the 12 consecutive calendar months ending
11on the immediately preceding December 31 and, with respect to
12each December 1 determination date, the 12 consecutive calendar
13months ending on the immediately preceding June 30.
14    "Benefit period" means the 12 consecutive calendar month
15period beginning on the first day of the first calendar month
16immediately following a determination date, except that, with
17respect to any calendar year in which there is a June 1
18determination date, "benefit period" shall mean the 6
19consecutive calendar month period beginning on the first day of
20the first calendar month immediately following the preceding
21December 1 determination date and the 6 consecutive calendar
22month period beginning on the first day of the first calendar
23month immediately following the June 1 determination date.
24Notwithstanding the foregoing sentence, the 6 calendar months
25beginning January 1, 1982 and ending June 30, 1982 shall be
26deemed a benefit period with respect to which the determination

 

 

HB5735- 5 -LRB097 17795 JLS 63011 b

1date shall be June 1, 1981.
2    "Gross wages" means all the wages paid to individuals
3during the determination period immediately preceding a
4determination date for insured work, and reported to the
5Director by employers prior to the first day of the third
6calendar month preceding that date.
7    "Covered employment" for any calendar month means the total
8number of individuals, as determined by the Director, engaged
9in insured work at mid-month.
10    "Average monthly covered employment" means one-twelfth of
11the sum of the covered employment for the 12 months of a
12determination period.
13    "Statewide average annual wage" means the quotient,
14obtained by dividing gross wages by average monthly covered
15employment for the same determination period, rounded (if not
16already a multiple of one cent) to the nearest cent.
17    "Statewide average weekly wage" means the quotient,
18obtained by dividing the statewide average annual wage by 52,
19rounded (if not already a multiple of one cent) to the nearest
20cent. Notwithstanding any provisions of this Section to the
21contrary, the statewide average weekly wage for the benefit
22period beginning July 1, 1982 and ending December 31, 1982
23shall be the statewide average weekly wage in effect for the
24immediately preceding benefit period plus one-half of the
25result obtained by subtracting the statewide average weekly
26wage for the immediately preceding benefit period from the

 

 

HB5735- 6 -LRB097 17795 JLS 63011 b

1statewide average weekly wage for the benefit period beginning
2July 1, 1982 and ending December 31, 1982 as such statewide
3average weekly wage would have been determined but for the
4provisions of this paragraph. Notwithstanding any provisions
5of this Section to the contrary, the statewide average weekly
6wage for the benefit period beginning April 24, 1983 and ending
7January 31, 1984 shall be $321 and for the benefit period
8beginning February 1, 1984 and ending December 31, 1986 shall
9be $335, and for the benefit period beginning January 1, 1987,
10and ending December 31, 1987, shall be $350, except that for an
11individual who has established a benefit year beginning before
12April 24, 1983, the statewide average weekly wage used in
13determining benefits, for any week beginning on or after April
1424, 1983, claimed with respect to that benefit year, shall be
15$334.80, except that, for the purpose of determining the
16minimum weekly benefit amount under subsection B(1) for the
17benefit period beginning January 1, 1987, and ending December
1831, 1987, the statewide average weekly wage shall be $335; for
19the benefit periods January 1, 1988 through December 31, 1988,
20January 1, 1989 through December 31, 1989, and January 1, 1990
21through December 31, 1990, the statewide average weekly wage
22shall be $359, $381, and $406, respectively. Notwithstanding
23the preceding sentences of this paragraph, for the benefit
24period of calendar year 1991, the statewide average weekly wage
25shall be $406 plus (or minus) an amount equal to the percentage
26change in the statewide average weekly wage, as computed in

 

 

HB5735- 7 -LRB097 17795 JLS 63011 b

1accordance with the preceding sentences of this paragraph,
2between the benefit periods of calendar years 1989 and 1990,
3multiplied by $406; and, for the benefit periods of calendar
4years 1992 through 2003 and calendar year 2005 and each
5calendar year thereafter, the statewide average weekly wage,
6shall be the statewide average weekly wage, as determined in
7accordance with this sentence, for the immediately preceding
8benefit period plus (or minus) an amount equal to the
9percentage change in the statewide average weekly wage, as
10computed in accordance with the preceding sentences of this
11paragraph, between the 2 immediately preceding benefit
12periods, multiplied by the statewide average weekly wage, as
13determined in accordance with this sentence, for the
14immediately preceding benefit period. However, for purposes of
15the Workers' Compensation Act, the statewide average weekly
16wage will be computed using June 1 and December 1 determination
17dates of each calendar year and such determination shall not be
18subject to the limitation of $321, $335, $350, $359, $381, $406
19or the statewide average weekly wage as computed in accordance
20with the preceding sentence of this paragraph.
21    With respect to any week beginning on or after April 24,
221983 and before January 3, 1988, "maximum weekly benefit
23amount" means 48% of the statewide average weekly wage, rounded
24(if not already a multiple of one dollar) to the nearest
25dollar, provided however, that the maximum weekly benefit
26amount for an individual who has established a benefit year

 

 

HB5735- 8 -LRB097 17795 JLS 63011 b

1beginning before April 24, 1983, shall be determined, for weeks
2beginning on or after April 24, 1983 claimed with respect to
3that benefit year, as provided under this Act as amended and in
4effect on November 30, 1982, except that the statewide average
5weekly wage used in such determination shall be $334.80.
6    With respect to any week beginning after January 2, 1988
7and before January 1, 1993, "maximum weekly benefit amount"
8with respect to each week beginning within a benefit period
9means 49% of the statewide average weekly wage, rounded (if not
10already a multiple of one dollar) to the next higher dollar.
11    With respect to any week beginning on or after January 3,
121993 and during a benefit year beginning before January 4,
132004, "maximum weekly benefit amount" with respect to each week
14beginning within a benefit period means 49.5% of the statewide
15average weekly wage, rounded (if not already a multiple of one
16dollar) to the next higher dollar.
17    With respect to any benefit year beginning on or after
18January 4, 2004 and before January 6, 2008, "maximum weekly
19benefit amount" with respect to each week beginning within a
20benefit period means 48% of the statewide average weekly wage,
21rounded (if not already a multiple of one dollar) to the next
22higher dollar.
23    Except as otherwise provided in this Section, with respect
24to any benefit year beginning on or after January 6, 2008,
25"maximum weekly benefit amount" with respect to each week
26beginning within a benefit period means 47% of the statewide

 

 

HB5735- 9 -LRB097 17795 JLS 63011 b

1average weekly wage, rounded (if not already a multiple of one
2dollar) to the next higher dollar.
3    With respect to any benefit year beginning in calendar year
42016, "maximum weekly benefit amount" with respect to each week
5beginning within a benefit period means 42.8% of the statewide
6average weekly wage, rounded (if not already a multiple of one
7dollar) to the next higher dollar.
8    With respect to any benefit year beginning in calendar year
92018, "maximum weekly benefit amount" with respect to each week
10beginning within a benefit period means 42.9% of the statewide
11average weekly wage, rounded (if not already a multiple of one
12dollar) to the next higher dollar.
13    C. With respect to any week beginning on or after April 24,
141983 and before January 3, 1988, an individual to whom benefits
15are payable with respect to any week shall, in addition to such
16benefits, be paid, with respect to such week, as follows: in
17the case of an individual with a nonworking spouse, 7% of his
18prior average weekly wage, rounded (if not already a multiple
19of one dollar) to the higher dollar; provided, that the total
20amount payable to the individual with respect to a week shall
21not exceed 55% of the statewide average weekly wage, rounded
22(if not already a multiple of one dollar) to the nearest
23dollar; and in the case of an individual with a dependent child
24or dependent children, 14.4% of his prior average weekly wage,
25rounded (if not already a multiple of one dollar) to the higher
26dollar; provided, that the total amount payable to the

 

 

HB5735- 10 -LRB097 17795 JLS 63011 b

1individual with respect to a week shall not exceed 62.4% of the
2statewide average weekly wage, rounded (if not already a
3multiple of one dollar) to the next higher dollar with respect
4to the benefit period beginning January 1, 1987 and ending
5December 31, 1987, and otherwise to the nearest dollar.
6However, for an individual with a nonworking spouse or with a
7dependent child or children who has established a benefit year
8beginning before April 24, 1983, the amount of additional
9benefits payable on account of the nonworking spouse or
10dependent child or children shall be determined, for weeks
11beginning on or after April 24, 1983 claimed with respect to
12that benefit year, as provided under this Act as in effect on
13November 30, 1982, except that the statewide average weekly
14wage used in such determination shall be $334.80.
15    With respect to any week beginning on or after January 2,
161988 and before January 1, 1991 and any week beginning on or
17after January 1, 1992, and before January 1, 1993, an
18individual to whom benefits are payable with respect to any
19week shall, in addition to those benefits, be paid, with
20respect to such week, as follows: in the case of an individual
21with a nonworking spouse, 8% of his prior average weekly wage,
22rounded (if not already a multiple of one dollar) to the next
23higher dollar, 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

 

 

HB5735- 11 -LRB097 17795 JLS 63011 b

1case of an individual with a dependent child or dependent
2children, 15% of his prior average weekly wage, rounded (if not
3already a multiple of one dollar) to the next higher dollar,
4provided that the total amount payable to the individual with
5respect to a week shall not exceed 64% of the statewide average
6weekly wage, rounded (if not already a multiple of one dollar)
7to the next higher dollar.
8    With respect to any week beginning on or after January 1,
91991 and before January 1, 1992, an individual to whom benefits
10are payable with respect to any week shall, in addition to the
11benefits, be paid, with respect to such week, as follows: in
12the case of an individual with a nonworking spouse, 8.3% of his
13prior average weekly wage, rounded (if not already a multiple
14of one dollar) to the next higher dollar, provided, that the
15total amount payable to the individual with respect to a week
16shall not exceed 57.3% of the statewide average weekly wage,
17rounded (if not already a multiple of one dollar) to the next
18higher dollar; and in the case of an individual with a
19dependent child or dependent children, 15.3% of his prior
20average weekly wage, 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 64.3% of the statewide average weekly wage, rounded
24(if not already a multiple of one dollar) to the next higher
25dollar.
26    With respect to any week beginning on or after January 3,

 

 

HB5735- 12 -LRB097 17795 JLS 63011 b

11993, during a benefit year beginning before January 4, 2004,
2an individual to whom benefits are payable with respect to any
3week shall, in addition to those benefits, be paid, with
4respect to such week, as follows: in the case of an individual
5with a nonworking spouse, 9% of his prior average weekly wage,
6rounded (if not already a multiple of one dollar) to the next
7higher dollar, provided, that the total amount payable to the
8individual with respect to a week shall not exceed 58.5% of the
9statewide average weekly wage, rounded (if not already a
10multiple of one dollar) to the next higher dollar; and in the
11case of an individual with a dependent child or dependent
12children, 16% of his prior average weekly wage, rounded (if not
13already a multiple of one dollar) to the next higher dollar,
14provided that the total amount payable to the individual with
15respect to a week shall not exceed 65.5% of the statewide
16average weekly wage, rounded (if not already a multiple of one
17dollar) to the next higher dollar.
18    With respect to any benefit year beginning on or after
19January 4, 2004 and before January 6, 2008, an individual to
20whom benefits are payable with respect to any week shall, in
21addition to those benefits, be paid, with respect to such week,
22as follows: in the case of an individual with a nonworking
23spouse, 9% of his or her prior average weekly wage, rounded (if
24not already a multiple of one dollar) to the next higher
25dollar, provided, that the total amount payable to the
26individual with respect to a week shall not exceed 57% of the

 

 

HB5735- 13 -LRB097 17795 JLS 63011 b

1statewide average weekly wage, rounded (if not already a
2multiple of one dollar) to the next higher dollar; and in the
3case of an individual with a dependent child or dependent
4children, 17.2% of his or her prior average weekly wage,
5rounded (if not already a multiple of one dollar) to the next
6higher dollar, provided that the total amount payable to the
7individual with respect to a week shall not exceed 65.2% of the
8statewide average weekly wage, rounded (if not already a
9multiple of one dollar) to the next higher dollar.
10    With respect to any benefit year beginning on or after
11January 6, 2008 and before January 1, 2010, an individual to
12whom benefits are payable with respect to any week shall, in
13addition to those benefits, be paid, with respect to such week,
14as follows: in the case of an individual with a nonworking
15spouse, 9% of his or her prior average weekly wage, rounded (if
16not already a multiple of one dollar) to the next higher
17dollar, provided, that the total amount payable to the
18individual with respect to a week shall not exceed 56% of the
19statewide average weekly wage, rounded (if not already a
20multiple of one dollar) to the next higher dollar; and in the
21case of an individual with a dependent child or dependent
22children, 18.2% of his or her prior average weekly wage,
23rounded (if not already a multiple of one dollar) to the next
24higher dollar, provided that the total amount payable to the
25individual with respect to a week shall not exceed 65.2% of the
26statewide average weekly wage, rounded (if not already a

 

 

HB5735- 14 -LRB097 17795 JLS 63011 b

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

 

 

HB5735- 15 -LRB097 17795 JLS 63011 b

1higher dollar, provided that the total amount payable to the
2individual with respect to a week shall not exceed the product
3of the statewide average weekly wage multiplied by the sum of
447% plus the dependent child allowance rate, rounded (if not
5already a multiple of one dollar) to the next higher dollar.
6    With respect to any benefit year beginning in calendar year
72016, an individual to whom benefits are payable with respect
8to any week shall, in addition to those benefits, be paid, with
9respect to such week, as follows: in the case of an individual
10with a nonworking spouse, the greater of (i) 9% of his or her
11prior average weekly wage, rounded (if not already a multiple
12of one dollar) to the next higher dollar, or (ii) $15, provided
13that the total amount payable to the individual with respect to
14a week shall not exceed 51.8% of the statewide average weekly
15wage, rounded (if not already a multiple of one dollar) to the
16next higher dollar; and in the case of an individual with a
17dependent child or dependent children, the greater of (i) the
18product of the dependent child allowance rate multiplied by his
19or her prior average weekly wage, rounded (if not already a
20multiple of one dollar) to the next higher dollar, or (ii) the
21lesser of $50 or 50% of his or her weekly benefit amount,
22rounded (if not already a multiple of one dollar) to the next
23higher dollar, provided that the total amount payable to the
24individual with respect to a week shall not exceed the product
25of the statewide average weekly wage multiplied by the sum of
2642.8% plus the dependent child allowance rate, rounded (if not

 

 

HB5735- 16 -LRB097 17795 JLS 63011 b

1already a multiple of one dollar) to the next higher dollar.
2    With respect to any benefit year beginning in calendar year
32018, an individual to whom benefits are payable with respect
4to any week shall, in addition to those benefits, be paid, with
5respect to such week, as follows: in the case of an individual
6with a nonworking spouse, the greater of (i) 9% of his or her
7prior average weekly wage, rounded (if not already a multiple
8of one dollar) to the next higher dollar, or (ii) $15, provided
9that the total amount payable to the individual with respect to
10a week shall not exceed 51.9% of the statewide average weekly
11wage, rounded (if not already a multiple of one dollar) to the
12next higher dollar; and in the case of an individual with a
13dependent child or dependent children, the greater of (i) the
14product of the dependent child allowance rate multiplied by his
15or her prior average weekly wage, rounded (if not already a
16multiple of one dollar) to the next higher dollar, or (ii) the
17lesser of $50 or 50% of his or her weekly benefit amount,
18rounded (if not already a multiple of one dollar) to the next
19higher dollar, provided that the total amount payable to the
20individual with respect to a week shall not exceed the product
21of the statewide average weekly wage multiplied by the sum of
2242.9% plus the dependent child allowance rate, rounded (if not
23already a multiple of one dollar) to the next higher dollar.
24    With respect to each benefit year beginning after calendar
25year 2009, the dependent child allowance rate shall be the sum
26of the allowance adjustment applicable pursuant to Section

 

 

HB5735- 17 -LRB097 17795 JLS 63011 b

11400.1 to the calendar year in which the benefit year begins,
2plus the dependent child allowance rate with respect to each
3benefit year beginning in the immediately preceding calendar
4year, except as otherwise provided in this subsection. The
5dependent child allowance rate with respect to each benefit
6year beginning in calendar year 2010 shall not be greater than
718.2%. The dependent child allowance rate with respect to each
8benefit year beginning in calendar year 2011 shall be reduced
9by 0.2% absolute below the rate it would otherwise have been
10pursuant to this subsection and, with respect to each benefit
11year beginning after calendar year 2010, except as otherwise
12provided, shall not be less than 17.1% or greater than 18.0%.
13Unless, as a result of this sentence, the agreement between the
14Federal Government and State regarding the Federal Additional
15Compensation program established under Section 2002 of the
16American Recovery and Reinvestment Act, or a successor program,
17would not apply or would cease to apply, the dependent child
18allowance rate with respect to each benefit year beginning in
19calendar year 2012 shall be reduced by 0.1% absolute below the
20rate it would otherwise have been pursuant to this subsection
21and, with respect to each benefit year beginning after calendar
22year 2011, shall not be less than 17.0% or greater than 17.9%.
23    For the purposes of this subsection:
24    "Dependent" means a child or a nonworking spouse.
25    "Child" means a natural child, stepchild, or adopted child
26of an individual claiming benefits under this Act or a child

 

 

HB5735- 18 -LRB097 17795 JLS 63011 b

1who is in the custody of any such individual by court order,
2for whom the individual is supplying and, for at least 90
3consecutive days (or for the duration of the parental
4relationship if it has existed for less than 90 days)
5immediately preceding any week with respect to which the
6individual has filed a claim, has supplied more than one-half
7the cost of support, or has supplied at least 1/4 of the cost
8of support if the individual and the other parent, together,
9are supplying and, during the aforesaid period, have supplied
10more than one-half the cost of support, and are, and were
11during the aforesaid period, members of the same household; and
12who, on the first day of such week (a) is under 18 years of age,
13or (b) is, and has been during the immediately preceding 90
14days, unable to work because of illness or other disability:
15provided, that no person who has been determined to be a child
16of an individual who has been allowed benefits with respect to
17a week in the individual's benefit year shall be deemed to be a
18child of the other parent, and no other person shall be
19determined to be a child of such other parent, during the
20remainder of that benefit year.
21    "Nonworking spouse" means the lawful husband or wife of an
22individual claiming benefits under this Act, for whom more than
23one-half the cost of support has been supplied by the
24individual for at least 90 consecutive days (or for the
25duration of the marital relationship if it has existed for less
26than 90 days) immediately preceding any week with respect to

 

 

HB5735- 19 -LRB097 17795 JLS 63011 b

1which the individual has filed a claim, but only if the
2nonworking spouse is currently ineligible to receive benefits
3under this Act by reason of the provisions of Section 500E.
4    An individual who was obligated by law to provide for the
5support of a child or of a nonworking spouse for the aforesaid
6period of 90 consecutive days, but was prevented by illness or
7injury from doing so, shall be deemed to have provided more
8than one-half the cost of supporting the child or nonworking
9spouse for that period.
10    When the custody of a dependent child, claimed by an
11individual who has provided or claimed to have provided the
12statutorily required amount of support for the purpose of
13obtaining benefits, has been determined by adjudication and the
14individual having custody under the adjudication subsequently
15becomes eligible for benefits under this Act, the benefits
16available with respect to the dependent child shall be
17allocated in accordance with the terms of the adjudication. The
18Department shall adopt rules for the determination of benefits
19when custody of a dependent child has been determined by
20adjudication.
21(Source: P.A. 96-30, eff. 6-30-09; 97-621, eff. 11-18-11.)