HB1285 EnrolledLRB099 05155 JLS 25184 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 Sections 401, 403, 602, 611, 1505, and 1506.6 as
6follows:
 
7    (820 ILCS 405/401)  (from Ch. 48, par. 401)
8    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
9    A. With respect to any week beginning in a benefit year
10beginning prior to January 4, 2004, an individual's weekly
11benefit amount shall be an amount equal to the weekly benefit
12amount as defined in the provisions of this Act as amended and
13in effect on November 18, 2011.
14    B. 1. With respect to any benefit year beginning on or
15after January 4, 2004 and before January 6, 2008, an
16individual's weekly benefit amount shall be 48% of his or her
17prior average weekly wage, rounded (if not already a multiple
18of one dollar) to the next higher dollar; provided, however,
19that the weekly benefit amount cannot exceed the maximum weekly
20benefit amount and cannot be less than $51. Except as otherwise
21provided in this Section, with respect to any benefit year
22beginning on or after January 6, 2008, an individual's weekly
23benefit amount shall be 47% of his or her prior average weekly

 

 

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1wage, rounded (if not already a multiple of one dollar) to the
2next higher dollar; provided, however, that the weekly benefit
3amount cannot exceed the maximum weekly benefit amount and
4cannot be less than $51. With respect to any benefit year
5beginning in calendar year 2016, an individual's weekly benefit
6amount shall be 42.8% of his or her prior average weekly wage,
7rounded (if not already a multiple of one dollar) to the next
8higher dollar; provided, however, that the weekly benefit
9amount cannot exceed the maximum weekly benefit amount and
10cannot be less than $51. With respect to any benefit year
11beginning in calendar year 2018, an individual's weekly benefit
12amount shall be 42.9% of his or her prior average weekly wage,
13rounded (if not already a multiple of one dollar) to the next
14higher dollar; provided, however, that the weekly benefit
15amount cannot exceed the maximum weekly benefit amount and
16cannot be less than $51.
17    2. For the purposes of this subsection:
18    An individual's "prior average weekly wage" means the total
19wages for insured work paid to that individual during the 2
20calendar quarters of his base period in which such total wages
21were highest, divided by 26. If the quotient is not already a
22multiple of one dollar, it shall be rounded to the nearest
23dollar; however if the quotient is equally near 2 multiples of
24one dollar, it shall be rounded to the higher multiple of one
25dollar.
26    "Determination date" means June 1 and December 1 of each

 

 

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

 

 

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1the sum of the covered employment for the 12 months of a
2determination period.
3    "Statewide average annual wage" means the quotient,
4obtained by dividing gross wages by average monthly covered
5employment for the same determination period, rounded (if not
6already a multiple of one cent) to the nearest cent.
7    "Statewide average weekly wage" means the quotient,
8obtained by dividing the statewide average annual wage by 52,
9rounded (if not already a multiple of one cent) to the nearest
10cent. Notwithstanding any provision of this Section to the
11contrary, the statewide average weekly wage for any benefit
12period prior to calendar year 2012 shall be as determined by
13the provisions of this Act as amended and in effect on November
1418, 2011. Notwithstanding any provisions of this Section to the
15contrary, the statewide average weekly wage for the benefit
16period of calendar year 2012 shall be $856.55 and for each
17calendar year thereafter, the statewide average weekly wage
18shall be the statewide average weekly wage, as determined in
19accordance with this sentence, for the immediately preceding
20benefit period plus (or minus) an amount equal to the
21percentage change in the statewide average weekly wage, as
22computed in accordance with the first sentence of this
23paragraph, between the 2 immediately preceding benefit
24periods, multiplied by the statewide average weekly wage, as
25determined in accordance with this sentence, for the
26immediately preceding benefit period. However, for purposes of

 

 

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1the Workers' Compensation Act, the statewide average weekly
2wage will be computed using June 1 and December 1 determination
3dates of each calendar year and such determination shall not be
4subject to the limitation of the statewide average weekly wage
5as computed in accordance with the preceding sentence of this
6paragraph.
7    With respect to any week beginning in a benefit year
8beginning prior to January 4, 2004, "maximum weekly benefit
9amount" with respect to each week beginning within a benefit
10period shall be as defined in the provisions of this Act as
11amended and in effect on November 18, 2011.
12    With respect to any benefit year beginning on or after
13January 4, 2004 and before January 6, 2008, "maximum weekly
14benefit amount" with respect to each week beginning within a
15benefit period means 48% of the statewide average weekly wage,
16rounded (if not already a multiple of one dollar) to the next
17higher dollar.
18    Except as otherwise provided in this Section, with respect
19to any benefit year beginning on or after January 6, 2008,
20"maximum weekly benefit amount" with respect to each week
21beginning within a benefit period means 47% of the statewide
22average weekly wage, rounded (if not already a multiple of one
23dollar) to the next higher dollar.
24    With respect to any benefit year beginning in calendar year
252016, "maximum weekly benefit amount" with respect to each week
26beginning within a benefit period means 42.8% of the statewide

 

 

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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
42018, "maximum weekly benefit amount" with respect to each week
5beginning within a benefit period means 42.9% of the statewide
6average weekly wage, rounded (if not already a multiple of one
7dollar) to the next higher dollar.
8    C. With respect to any week beginning in a benefit year
9beginning prior to January 4, 2004, an individual's eligibility
10for a dependent allowance with respect to a nonworking spouse
11or one or more dependent children shall be as defined by the
12provisions of this Act as amended and in effect on November 18,
132011.
14    With respect to any benefit year beginning on or after
15January 4, 2004 and before January 6, 2008, an individual to
16whom benefits are payable with respect to any week shall, in
17addition to those benefits, be paid, with respect to such week,
18as follows: in the case of an individual with a nonworking
19spouse, 9% of his or her prior average weekly wage, rounded (if
20not already a multiple of one dollar) to the next higher
21dollar, provided, that the total amount payable to the
22individual with respect to a week shall not exceed 57% of the
23statewide average weekly wage, rounded (if not already a
24multiple of one dollar) to the next higher dollar; and in the
25case of an individual with a dependent child or dependent
26children, 17.2% of his or her prior average weekly wage,

 

 

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

 

 

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1allowance", and the percentage rate by which an individual's
2prior average weekly wage is multiplied pursuant to this
3subsection to calculate the dependent child allowance shall be
4referred to as the "dependent child allowance rate".
5    Except as otherwise provided in this Section, with respect
6to any benefit year beginning on or after January 1, 2010, an
7individual to whom benefits are payable with respect to any
8week 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 56% 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
2647% plus the dependent child allowance rate, rounded (if not

 

 

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1already a multiple of one dollar) to the next higher dollar.
2    With respect to any benefit year beginning in calendar year
32016, 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 51.8% 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
2242.8% plus the dependent child allowance rate, rounded (if not
23already a multiple of one dollar) to the next higher dollar.
24    With respect to any benefit year beginning in calendar year
252018, an individual to whom benefits are payable with respect
26to any week shall, in addition to those benefits, be paid, with

 

 

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1respect to such week, as follows: in the case of an individual
2with a nonworking spouse, the greater of (i) 9% of his or her
3prior average weekly wage, rounded (if not already a multiple
4of one dollar) to the next higher dollar, or (ii) $15, provided
5that the total amount payable to the individual with respect to
6a week shall not exceed 51.9% of the statewide average weekly
7wage, rounded (if not already a multiple of one dollar) to the
8next higher dollar; and in the case of an individual with a
9dependent child or dependent children, the greater of (i) the
10product of the dependent child allowance rate multiplied by his
11or her prior average weekly wage, rounded (if not already a
12multiple of one dollar) to the next higher dollar, or (ii) the
13lesser of $50 or 50% of his or her weekly benefit amount,
14rounded (if not already a multiple of one dollar) to the next
15higher dollar, provided that the total amount payable to the
16individual with respect to a week shall not exceed the product
17of the statewide average weekly wage multiplied by the sum of
1842.9% plus the dependent child allowance rate, rounded (if not
19already a multiple of one dollar) to the next higher dollar.
20    With respect to each benefit year beginning after calendar
21year 2012, the dependent child allowance rate shall be the sum
22of the allowance adjustment applicable pursuant to Section
231400.1 to the calendar year in which the benefit year begins,
24plus the dependent child allowance rate with respect to each
25benefit year beginning in the immediately preceding calendar
26year, except as otherwise provided in this subsection. The

 

 

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1dependent child allowance rate with respect to each benefit
2year beginning in calendar year 2010 shall be 17.9%. The
3dependent child allowance rate with respect to each benefit
4year beginning in calendar year 2011 shall be 17.4%. The
5dependent child allowance rate with respect to each benefit
6year beginning in calendar year 2012 shall be 17.0% and, with
7respect to each benefit year beginning after calendar year
82012, shall not be less than 17.0% or greater than 17.9%.
9    For the purposes of this subsection:
10    "Dependent" means a child or a nonworking spouse.
11    "Child" means a natural child, stepchild, or adopted child
12of an individual claiming benefits under this Act or a child
13who is in the custody of any such individual by court order,
14for whom the individual is supplying and, for at least 90
15consecutive days (or for the duration of the parental
16relationship if it has existed for less than 90 days)
17immediately preceding any week with respect to which the
18individual has filed a claim, has supplied more than one-half
19the cost of support, or has supplied at least 1/4 of the cost
20of support if the individual and the other parent, together,
21are supplying and, during the aforesaid period, have supplied
22more than one-half the cost of support, and are, and were
23during the aforesaid period, members of the same household; and
24who, on the first day of such week (a) is under 18 years of age,
25or (b) is, and has been during the immediately preceding 90
26days, unable to work because of illness or other disability:

 

 

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1provided, that no person who has been determined to be a child
2of an individual who has been allowed benefits with respect to
3a week in the individual's benefit year shall be deemed to be a
4child of the other parent, and no other person shall be
5determined to be a child of such other parent, during the
6remainder of that benefit year.
7    "Nonworking spouse" means the lawful husband or wife of an
8individual claiming benefits under this Act, for whom more than
9one-half the cost of support has been supplied by the
10individual for at least 90 consecutive days (or for the
11duration of the marital relationship if it has existed for less
12than 90 days) immediately preceding any week with respect to
13which the individual has filed a claim, but only if the
14nonworking spouse is currently ineligible to receive benefits
15under this Act by reason of the provisions of Section 500E.
16    An individual who was obligated by law to provide for the
17support of a child or of a nonworking spouse for the aforesaid
18period of 90 consecutive days, but was prevented by illness or
19injury from doing so, shall be deemed to have provided more
20than one-half the cost of supporting the child or nonworking
21spouse for that period.
22(Source: P.A. 96-30, eff. 6-30-09; 97-621, eff. 11-18-11;
2397-791, eff. 1-1-13.)
 
24    (820 ILCS 405/403)  (from Ch. 48, par. 403)
25    Sec. 403. Maximum total amount of benefits.)

 

 

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

 

 

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1work paid to such individual during the individual's base
2period, whichever amount is smaller. With respect to any
3benefit year beginning in calendar year 2016 or 2018, any
4otherwise eligible individual shall be entitled, during such
5benefit year, to a maximum total amount of benefits equal to 24
6times his or her weekly benefit amount plus dependents'
7allowances, or to the total wages for insured work paid to such
8individual during the individual's base period, whichever
9amount is smaller.
10(Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11.)
 
11    (820 ILCS 405/602)  (from Ch. 48, par. 432)
12    Sec. 602. Discharge for misconduct - Felony. A. An
13individual shall be ineligible for benefits for the week in
14which he has been discharged for misconduct connected with his
15work and, thereafter, until he has become reemployed and has
16had earnings equal to or in excess of his current weekly
17benefit amount in each of four calendar weeks which are either
18for services in employment, or have been or will be reported
19pursuant to the provisions of the Federal Insurance
20Contributions Act by each employing unit for which such
21services are performed and which submits a statement certifying
22to that fact. The requalification requirements of the preceding
23sentence shall be deemed to have been satisfied, as of the date
24of reinstatement, if, subsequent to his discharge by an
25employing unit for misconduct connected with his work, such

 

 

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1individual is reinstated by such employing unit. For purposes
2of this subsection, the term "misconduct" means the deliberate
3and willful violation of a reasonable rule or policy of the
4employing unit, governing the individual's behavior in
5performance of his work, provided such violation has harmed the
6employing unit or other employees or has been repeated by the
7individual despite a warning or other explicit instruction from
8the employing unit. The previous definition notwithstanding,
9"misconduct" shall include any of the following work-related
10circumstances:
11        1. Falsification of an employment application, or any
12    other documentation provided to the employer, to obtain
13    employment through subterfuge.
14        2. Failure to maintain licenses, registrations, and
15    certifications reasonably required by the employer, or
16    those that the individual is required to possess by law, to
17    perform his or her regular job duties, unless the failure
18    is not within the control of the individual.
19        3. Knowing, repeated violation of the attendance
20    policies of the employer that are in compliance with State
21    and federal law following a written warning for an
22    attendance violation, unless the individual can
23    demonstrate that he or she has made a reasonable effort to
24    remedy the reason or reasons for the violations or that the
25    reason or reasons for the violations were out of the
26    individual's control. Attendance policies of the employer

 

 

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1    shall be reasonable and provided to the individual in
2    writing, electronically, or via posting in the workplace.
3        4. Damaging the employer's property through conduct
4    that is grossly negligent.
5        5. Refusal to obey an employer's reasonable and lawful
6    instruction, unless the refusal is due to the lack of
7    ability, skills, or training for the individual required to
8    obey the instruction or the instruction would result in an
9    unsafe act.
10        6. Consuming alcohol or illegal or non-prescribed
11    prescription drugs, or using an impairing substance in an
12    off-label manner, on the employer's premises during
13    working hours in violation of the employer's policies.
14        7. Reporting to work under the influence of alcohol,
15    illegal or non-prescribed prescription drugs, or an
16    impairing substance used in an off-label manner in
17    violation of the employer's policies, unless the
18    individual is compelled to report to work by the employer
19    outside of scheduled and on-call working hours and informs
20    the employer that he or she is under the influence of
21    alcohol, illegal or non-prescribed prescription drugs, or
22    an impairing substance used in an off-label manner in
23    violation of the employer's policies.
24        8. Grossly negligent conduct endangering the safety of
25    the individual or co-workers.
26    For purposes of paragraphs 4 and 8, conduct is "grossly

 

 

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1negligent" when the individual is, or reasonably should be,
2aware of a substantial risk that the conduct will result in the
3harm sought to be prevented and the conduct constitutes a
4substantial deviation from the standard of care a reasonable
5person would exercise in the situation.
6    Nothing in paragraph 6 or 7 prohibits the lawful use of
7over-the-counter drug products as defined in Section 206 of the
8Illinois Controlled Substances Act, provided that the
9medication does not affect the safe performance of the
10employee's work duties.
11    B. Notwithstanding any other provision of this Act, no
12benefit rights shall accrue to any individual based upon wages
13from any employer for service rendered prior to the day upon
14which such individual was discharged because of the commission
15of a felony in connection with his work, or because of theft in
16connection with his work, for which the employer was in no way
17responsible; provided, that the employer notified the Director
18of such possible ineligibility within the time limits specified
19by regulations of the Director, and that the individual has
20admitted his commission of the felony or theft to a
21representative of the Director, or has signed a written
22admission of such act and such written admission has been
23presented to a representative of the Director, or such act has
24resulted in a conviction or order of supervision by a court of
25competent jurisdiction; and provided further, that if by reason
26of such act, he is in legal custody, held on bail or is a

 

 

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1fugitive from justice, the determination of his benefit rights
2shall be held in abeyance pending the result of any legal
3proceedings arising therefrom.
4(Source: P.A. 85-956.)
 
5    (820 ILCS 405/611)  (from Ch. 48, par. 441)
6    Sec. 611. Retirement pay. A. For the purposes of this
7Section "disqualifying income" means:
8    1. The entire amount which an individual has received or
9will receive with respect to a week in the form of a retirement
10payment (a) from an individual or organization (i) for which he
11performed services during his base period or which is liable
12for benefit charges or payments in lieu of contributions as a
13result of the payment of benefits to such individual and (ii)
14which pays all of the cost of such retirement payment, or (b)
15from a trust, annuity or insurance fund or under an annuity or
16insurance contract, to or under which an individual or
17organization for which he performed services during his base
18period or which is liable for benefit charges or payments in
19lieu of contributions as a result of the payment of benefits to
20such individual pays or has paid all of the premiums or
21contributions; and
22    2. One-half the amount which an individual has received or
23will receive with respect to a week in the form of a retirement
24payment (a) from an individual or organization (i) for which he
25performed services during his base period or which is liable

 

 

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1for benefit charges or payments in lieu of contributions as a
2result of the payment of benefits to such individual and (ii)
3which pays some, but not all, of the cost of such retirement
4payment, or (b) from a trust, annuity or insurance fund
5(including primary social security old age and disability
6retirement benefits, including those based on self-employment)
7or under an annuity or insurance contract, to or under which an
8individual or organization for which he performed services
9during his base period or which is liable for benefit charges
10or payments in lieu of contributions as a result of the payment
11of benefits to such individual pays or has paid some, but not
12all, of the premiums or contributions.
13    3. Notwithstanding paragraphs paragraph 1 and 2 above, the
14entire amount which an individual has received or will receive,
15with respect to any week which begins after March 31, 1980, of
16any governmental or other pension, retirement, or retired pay,
17annuity or any other similar periodic payment which is based on
18any previous work of such individual during his base period or
19which is liable for benefit charges or payments in lieu of
20contributions as a result of the payment of benefits to such
21individual. This paragraph shall be in effect only if it is
22required as a condition for full tax credit against the tax
23imposed by the Federal Unemployment Tax Act.
24    4. Notwithstanding paragraphs 1, 2, and 3 above, none of
25the amount that an individual has received or will receive with
26respect to a week in the form of social security old age,

 

 

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1survivors, and disability benefits under 42 U.S.C. Section 401
2et seq., including those based on self-employment, shall
3constitute disqualifying income.
4    B. Whenever an individual has received or will receive a
5retirement payment for a month, an amount shall be deemed to
6have been paid him for each day equal to one-thirtieth of such
7retirement payment. If the retirement payment is for a
8half-month, an amount shall be deemed to have been paid the
9individual for each day equal to one-fifteenth of such
10retirement payment. If the retirement payment is for any other
11period, an amount shall be deemed to have been paid the
12individual for each day in such period equal to the retirement
13payment divided by the number of days in the period.
14    C. An individual shall be ineligible for benefits for any
15week with respect to which his disqualifying income equals or
16exceeds his weekly benefit amount. If such disqualifying income
17with respect to a week totals less than the benefits for which
18he would otherwise be eligible under this Act, he shall be
19paid, with respect to such week, benefits reduced by the amount
20of such disqualifying income.
21    D. To assure full tax credit to the employers of this State
22against the tax imposed by the Federal Unemployment Tax Act,
23the Director shall take any action as may be necessary in the
24administration of paragraph 3 of subsection A of this Section
25to insure that the application of its provisions conform to the
26requirements of such Federal Act as interpreted by the United

 

 

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1States Secretary of Labor or other appropriate Federal agency.
2(Source: P.A. 86-3.)
 
3    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
4    Sec. 1505. Adjustment of state experience factor. The state
5experience factor shall be adjusted in accordance with the
6following provisions:
7    A. For calendar years prior to 1988, the state experience
8factor shall be adjusted in accordance with the provisions of
9this Act as amended and in effect on November 18, 2011.
10    B. (Blank).
11    C. For calendar year 1988 and each calendar year
12thereafter, for which the state experience factor is being
13determined.
14        1. For every $50,000,000 (or fraction thereof) by which
15    the adjusted trust fund balance falls below the target
16    balance set forth in this subsection, the state experience
17    factor for the succeeding year shall be increased one
18    percent absolute.
19        For every $50,000,000 (or fraction thereof) by which
20    the adjusted trust fund balance exceeds the target balance
21    set forth in this subsection, the state experience factor
22    for the succeeding year shall be decreased by one percent
23    absolute.
24        The target balance in each calendar year prior to 2003
25    is $750,000,000. The target balance in calendar year 2003

 

 

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1    is $920,000,000. The target balance in calendar year 2004
2    is $960,000,000. The target balance in calendar year 2005
3    and each calendar year thereafter is $1,000,000,000.
4        2. For the purposes of this subsection:
5        "Net trust fund balance" is the amount standing to the
6    credit of this State's account in the unemployment trust
7    fund as of June 30 of the calendar year immediately
8    preceding the year for which a state experience factor is
9    being determined.
10        "Adjusted trust fund balance" is the net trust fund
11    balance minus the sum of the benefit reserves for fund
12    building for July 1, 1987 through June 30 of the year prior
13    to the year for which the state experience factor is being
14    determined. The adjusted trust fund balance shall not be
15    less than zero. If the preceding calculation results in a
16    number which is less than zero, the amount by which it is
17    less than zero shall reduce the sum of the benefit reserves
18    for fund building for subsequent years.
19        For the purpose of determining the state experience
20    factor for 1989 and for each calendar year thereafter, the
21    following "benefit reserves for fund building" shall apply
22    for each state experience factor calculation in which that
23    12 month period is applicable:
24            a. For the 12 month period ending on June 30, 1988,
25        the "benefit reserve for fund building" shall be
26        8/104th of the total benefits paid from January 1, 1988

 

 

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

 

 

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

 

 

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1state experience factor for each of calendar years 2016 through
22018 shall be increased by 6% absolute above the adjusted state
3experience factor as calculated without regard to this
4subsection. The increase in the adjusted state experience
5factor for calendar year 2018 pursuant to this subsection shall
6not be counted for purposes of applying paragraph 3 or 4 of
7subsection D to the calculation of the adjusted state
8experience factor for calendar year 2019.
9    D-2. (Blank). The adjusted state experience factor for
10calendar year 2016 shall be increased by 19% absolute above the
11adjusted state experience factor as calculated without regard
12to this subsection. The increase in the adjusted state
13experience factor for calendar year 2016 pursuant to this
14subsection shall not be counted for purposes of applying
15paragraph 3 or 4 of subsection D to the calculation of the
16adjusted state experience factor for calendar year 2017.
17    D-3. The adjusted state experience factor for calendar year
182018 shall be increased by 19% absolute above the adjusted
19state experience factor as calculated without regard to this
20subsection. The increase in the adjusted state experience
21factor for calendar year 2018 pursuant to this subsection shall
22not be counted for purposes of applying paragraph 3 or 4 of
23subsection D to the calculation of the adjusted state
24experience factor for calendar year 2019.
25    E. The amount standing to the credit of this State's
26account in the unemployment trust fund as of June 30 shall be

 

 

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1deemed to include as part thereof (a) any amount receivable on
2that date from any Federal governmental agency, or as a payment
3in lieu of contributions under the provisions of Sections 1403
4and 1405 B and paragraph 2 of Section 302C, in reimbursement of
5benefits paid to individuals, and (b) amounts credited by the
6Secretary of the Treasury of the United States to this State's
7account in the unemployment trust fund pursuant to Section 903
8of the Federal Social Security Act, as amended, including any
9such amounts which have been appropriated by the General
10Assembly in accordance with the provisions of Section 2100 B
11for expenses of administration, except any amounts which have
12been obligated on or before that date pursuant to such
13appropriation.
14(Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
 
15    (820 ILCS 405/1506.6)
16    Sec. 1506.6. Surcharge; specified period. For each
17employer whose contribution rate for calendar year 2016 or 2018
18is determined pursuant to Section 1500 or 1506.1, including but
19not limited to an employer whose contribution rate pursuant to
20Section 1506.1 is 0.0%, in addition to the contribution rate
21established pursuant to Section 1506.3, an additional
22surcharge of 0.3% shall be added to the contribution rate. The
23surcharge established by this Section shall be due at the same
24time as other contributions with respect to the quarter are
25due, as provided in Section 1400. Payments attributable to the

 

 

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1surcharge established pursuant to this Section shall be
2contributions and deposited into the clearing account.
3(Source: P.A. 97-621, eff. 11-18-11.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law, except that the changes to Sections 602 and 611
6of the Unemployment Insurance Act take effect January 3, 2016.