Full Text of SB1361 100th General Assembly
SB1361 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1361 Introduced 2/9/2017, by Sen. Kyle McCarter SYNOPSIS AS INTRODUCED: |
| 820 ILCS 405/500 | from Ch. 48, par. 420 |
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Amends the Unemployment Insurance Act. Provides that, with respect to any benefit year beginning on or after January 1, 2018, to be monetarily eligible for any benefits, a worker must have been paid wages of $4,290 or more in his or her base period by employers
subject to the Unemployment Insurance Act and at least $2,145 of these wages must have been paid to him or her outside the calendar quarter in which he or she was paid
the highest amount of wages.
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| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 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 500 as follows:
| 6 | | (820 ILCS 405/500) (from Ch. 48, par. 420)
| 7 | | Sec. 500. Eligibility for benefits. An unemployed | 8 | | individual shall
be eligible to receive benefits with respect | 9 | | to any week only if the
Director finds that:
| 10 | | A. He has registered for work at and thereafter has | 11 | | continued to
report at an employment office in accordance with | 12 | | such regulations as
the Director may prescribe, except that the | 13 | | Director may, by regulation,
waive or alter either or both of | 14 | | the requirements of this subsection as
to individuals attached | 15 | | to regular jobs, and as to such other types of
cases or | 16 | | situations with respect to which he finds that compliance with
| 17 | | such requirements would be oppressive or inconsistent with the | 18 | | purposes
of this Act, provided that no such regulation shall | 19 | | conflict with
Section 400 of this Act.
| 20 | | B. He has made a claim for benefits with respect to such | 21 | | week in
accordance with such regulations as the Director may | 22 | | prescribe.
| 23 | | C. He is able to work, and is available for work; provided |
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| 1 | | that
during the period in question he was actively seeking work | 2 | | and he has
certified such. Whenever requested to do so by the | 3 | | Director, the individual
shall, in the manner the Director | 4 | | prescribes by regulation, inform the
Department of the places | 5 | | at
which he has sought work during the period in question.
| 6 | | Nothing in this subsection shall limit
the Director's approval | 7 | | of alternate methods of demonstrating an active
search for work
| 8 | | based on regular reporting to a trade union office.
| 9 | | 1. If an otherwise eligible individual is unable to | 10 | | work or is
unavailable for work on any normal workday of | 11 | | the week, he shall be
eligible to receive benefits with | 12 | | respect to such week reduced by
one-fifth of his weekly | 13 | | benefit amount for each day of such inability to
work or | 14 | | unavailability for work. For the purposes of this | 15 | | paragraph, an
individual who reports on a day subsequent to | 16 | | his designated report day
shall be deemed unavailable for | 17 | | work on his report day if his failure to
report on that day | 18 | | is without good cause, and on each intervening day,
if any, | 19 | | on which his failure to report is without good cause. As | 20 | | used
in the preceding sentence, "report day" means the day | 21 | | which has been
designated for the individual to report to | 22 | | file his claim for benefits
with respect to any week. This | 23 | | paragraph shall not be construed so as
to effect any change | 24 | | in the status of part-time workers as defined in
Section | 25 | | 407.
| 26 | | 2. An individual shall be considered to be unavailable |
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| 1 | | for work on
days listed as whole holidays in "An Act to | 2 | | revise the law in relation
to promissory notes, bonds, due | 3 | | bills and other instruments in writing,"
approved March 18, | 4 | | 1874, as amended; on days which are holidays in his
| 5 | | religion or faith, and on days which are holidays according | 6 | | to the
custom of his trade or occupation, if his failure to | 7 | | work on such day is
a result of the holiday. In determining | 8 | | the claimant's eligibility for
benefits and the amount to | 9 | | be paid him, with respect to the week in
which such holiday | 10 | | occurs, he shall have attributed to him as additional
| 11 | | earnings for that week an amount equal to one-fifth of his | 12 | | weekly
benefit amount for each normal work day on which he | 13 | | does not work
because of a holiday of the type above | 14 | | enumerated.
| 15 | | 3. An individual shall be deemed unavailable for work | 16 | | if, after his
separation from his most recent employing | 17 | | unit, he has removed himself
to and remains in a locality | 18 | | where opportunities for work are
substantially less | 19 | | favorable than those in the locality he has left.
| 20 | | 4. An individual shall be deemed unavailable for work | 21 | | with respect
to any week which occurs in a period when his | 22 | | principal occupation is
that of a student in attendance at, | 23 | | or on vacation from, a public or
private school.
| 24 | | 5. Notwithstanding any other provisions of this Act, an | 25 | | individual
shall not be deemed unavailable for work or to | 26 | | have failed actively to
seek work, nor shall he be |
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| 1 | | ineligible for benefits by reason of the
application of the | 2 | | provisions of Section 603, with respect to any week,
| 3 | | because he is enrolled in and is in regular attendance at a | 4 | | training
course approved for him by the Director:
| 5 | | (a) but only if, with respect to
that week, the | 6 | | individual presents,
upon request,
to the claims | 7 | | adjudicator referred to
in Section 702 a statement | 8 | | executed by a responsible person connected
with the | 9 | | training course, certifying that the individual was in
| 10 | | full-time attendance at such course during the week. | 11 | | The Director may
approve such course for an individual | 12 | | only if he finds that (1)
reasonable work opportunities | 13 | | for which the individual is fitted by
training and | 14 | | experience do not exist in his locality; (2) the | 15 | | training course
relates to an occupation or skill for | 16 | | which there are, or are
expected to be in the immediate | 17 | | future, reasonable work opportunities in
his locality; | 18 | | (3) the training course is offered by a competent and
| 19 | | reliable agency, educational institution, or employing | 20 | | unit; (4)
the individual has the required | 21 | | qualifications and aptitudes to complete the
course | 22 | | successfully; and (5) the individual is not receiving | 23 | | and is not
eligible (other than because he has claimed | 24 | | benefits under this Act) for
subsistence payments or | 25 | | similar assistance under any public or private
| 26 | | retraining program: Provided, that the Director shall |
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| 1 | | not disapprove
such course solely by reason of clause | 2 | | (5) if the subsistence payment or
similar assistance is | 3 | | subject to reduction by an amount equal to any
benefits | 4 | | payable to the individual under this Act in the absence | 5 | | of the
clause. In the event that an individual's weekly | 6 | | unemployment
compensation benefit is less than his | 7 | | certified training allowance, that
person shall be | 8 | | eligible to receive his entire unemployment | 9 | | compensation
benefits, plus such supplemental training | 10 | | allowances that would make an
applicant's total weekly | 11 | | benefit identical to the original certified
training | 12 | | allowance.
| 13 | | (b) The Director shall have the authority to grant | 14 | | approval pursuant to
subparagraph (a) above prior to an | 15 | | individual's formal admission into a
training course. | 16 | | Requests for approval shall not be made more than 30 | 17 | | days
prior to the actual starting date of such course. | 18 | | Requests shall be made
at the appropriate unemployment | 19 | | office.
| 20 | | (c) The Director shall for purposes of paragraph C | 21 | | have the authority
to issue a blanket approval of | 22 | | training programs implemented pursuant to
the federal | 23 | | Workforce Investment Act of 1998 if both the training | 24 | | program and the criteria for an individual's
| 25 | | participation in such training meet the requirements | 26 | | of this paragraph C.
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| 1 | | (d) Notwithstanding the requirements of | 2 | | subparagraph (a), the Director
shall have the | 3 | | authority to issue blanket approval of training | 4 | | programs
implemented under the terms of a collective | 5 | | bargaining agreement.
| 6 | | 6. Notwithstanding any other provisions of this Act, an | 7 | | individual shall
not be deemed unavailable for work or to | 8 | | have failed actively to seek work,
nor shall he be | 9 | | ineligible for benefits, by reason of the application of
| 10 | | the provisions of Section 603 with respect to any week | 11 | | because he is in
training approved under Section 236 (a)(1) | 12 | | of the federal Trade Act of 1974,
nor shall an individual | 13 | | be ineligible for benefits under the provisions
of Section | 14 | | 601 by reason of leaving work voluntarily to enter such | 15 | | training
if the work left is not of a substantially equal | 16 | | or higher skill level than
the individual's past adversely | 17 | | affected employment as defined under the
federal Trade Act | 18 | | of 1974 and the wages for such work are less than 80% of | 19 | | his
average weekly wage as determined under the federal | 20 | | Trade Act of 1974.
| 21 | | D. If his benefit year begins prior to July 6, 1975 or | 22 | | subsequent to
January 2, 1982, he has been unemployed for a | 23 | | waiting period of 1 week
during such benefit year. If his | 24 | | benefit year begins on or after July 6,
l975, but prior to | 25 | | January 3, 1982, and his unemployment
continues for more than | 26 | | three weeks during such benefit year, he shall
be eligible for |
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| 1 | | benefits with respect to each week of such unemployment,
| 2 | | including the first week thereof. An individual shall be deemed | 3 | | to be
unemployed within the meaning of this subsection while | 4 | | receiving public
assistance as remuneration for services | 5 | | performed on work projects
financed from funds made available | 6 | | to governmental agencies for such
purpose. No week shall be | 7 | | counted as a week of unemployment for the
purposes of this | 8 | | subsection:
| 9 | | 1. Unless it occurs within the benefit year which | 10 | | includes the week
with respect to which he claims payment | 11 | | of benefits, provided that, for
benefit years beginning | 12 | | prior to January 3, 1982, this
requirement shall not | 13 | | interrupt the payment of benefits for consecutive
weeks of | 14 | | unemployment; and provided further that the week | 15 | | immediately
preceding a benefit year, if part of one | 16 | | uninterrupted period of
unemployment which continues into | 17 | | such benefit year, shall be deemed
(for the purpose of this | 18 | | subsection only and with respect to benefit years
beginning | 19 | | prior to January 3, 1982, only) to be within such benefit
| 20 | | year, as well as within the preceding benefit year, if the | 21 | | unemployed
individual would, except for the provisions of | 22 | | the first paragraph and
paragraph 1 of this subsection and | 23 | | of Section 605, be eligible for and
entitled to benefits | 24 | | for such week.
| 25 | | 2. If benefits have been paid with respect thereto.
| 26 | | 3. Unless the individual was eligible for benefits with |
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| 1 | | respect
thereto except for the requirements of this | 2 | | subsection and of Section
605.
| 3 | | E. With respect to any benefit year beginning prior to | 4 | | January 3, 1982,
he has been paid during his base period wages | 5 | | for insured work not
less than the amount specified in Section | 6 | | 500E of this Act as amended
and in effect on October 5, 1980. | 7 | | With respect to any benefit year
beginning on or after January | 8 | | 3, 1982 and before July 1, 2018 , he has been paid during his | 9 | | base
period wages for insured work equal to not less than | 10 | | $1,600, provided that
he has been paid wages for insured work | 11 | | equal to at least $440 during that
part of his base period | 12 | | which does not include the calendar quarter in
which the wages | 13 | | paid to him were highest. With respect to any benefit year | 14 | | beginning on or after January 1, 2018, he or she has been paid | 15 | | during his or her base period wages for insured work equal to | 16 | | not less than $4,290, provided that he or she has been paid | 17 | | wages for insured work equal to at least $2,145 during that | 18 | | part of his or her base period which does not include the | 19 | | calendar quarter in which the wages paid to him or her were | 20 | | highest.
| 21 | | F. During that week he has participated in reemployment | 22 | | services to which
he has been referred, including but not | 23 | | limited to job search assistance
services, pursuant to a | 24 | | profiling system established by the Director by rule in
| 25 | | conformity with Section 303(j)(1) of the federal Social | 26 | | Security Act, unless
the Director determines that:
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| 1 | | 1. the individual has completed such services; or
| 2 | | 2. there is justifiable cause for the claimant's | 3 | | failure to participate in
such services.
| 4 | | This subsection F is added by this amendatory Act of 1995 | 5 | | to clarify
authority already provided under subsections A and C | 6 | | in connection with the
unemployment insurance claimant | 7 | | profiling system required under subsections
(a)(10) and (j)(1) | 8 | | of Section 303 of the federal Social Security Act as a
| 9 | | condition of federal
funding for the administration of the | 10 | | Unemployment Insurance Act.
| 11 | | (Source: P.A. 92-396, eff. 1-1-02.)
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