Illinois General Assembly - Full Text of SB1941
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Full Text of SB1941  99th General Assembly


Rep. Jay Hoffman

Filed: 11/30/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 1941, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Unemployment Insurance Act is amended by
6adding Section 408.5 as follows:
7    (820 ILCS 405/408.5 new)
8    Sec. 408.5. Additional benefits.
9    A. Additional benefits shall be available:
10        1. Only with respect to benefit years beginning on or
11    after April 1, 2015 and prior to the effective date of this
12    amendatory Act of the 99th General Assembly; and
13        2. To an otherwise eligible individual: (a) who was
14    certified as eligible to apply for adjustment assistance
15    under the federal Trade Act of 1974, as amended, on or
16    after January 1, 2015; (b) who has not received the maximum



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1    amount of trade readjustment allowances payable to him or
2    her pursuant to paragraph (1) of subsection (a) of Section
3    233 of the federal Trade Act of 1974, as amended, as a
4    result of the certification referenced in item (a) of this
5    paragraph 2; and (c) whose total or partial unemployment is
6    attributable to a layoff from a steel manufacturer.
7    B. An individual shall be eligible to receive additional
8benefits pursuant to this Section for a week if he or she: (1)
9has met the requirements of Section 500E of this Act; (2) is an
10exhaustee; and (3) except when the result would be inconsistent
11with the provisions of this Section, has satisfied the
12requirements of this Act for the receipt of regular benefits as
13that term is defined in Section 409 of this Act.
14    C. For the purposes of this Section, an individual is an
15exhaustee with respect to a week if:
16        1. Prior to such week: (a) he or she has received, with
17    respect to his or her current benefit year that includes
18    such week, the maximum total amount of benefits to which he
19    or she was entitled under the provisions of Section 403B,
20    and all of the regular benefits (including dependents'
21    allowances) to which he or she had entitlement (if any) on
22    the basis of wages or employment under any other State
23    unemployment compensation law; or (b) he or she has
24    received all the regular benefits available to him or her
25    with respect to his or her current benefit year that
26    includes such week, under this Act and under any other



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1    State unemployment compensation law, after a cancellation
2    of some or all of his or her wage credits or the partial or
3    total reduction of his or her regular benefit rights; or
4    (c) his or her benefit year terminated, and he or she
5    cannot meet the qualifying wage requirements of Section
6    500E of this Act or the qualifying wage or employment
7    requirements of any other State unemployment compensation
8    law to establish a new benefit year which would include
9    such week or, having established a new benefit year that
10    includes such week, he or she is ineligible for regular
11    benefits by reason of Section 607 of this Act or a like
12    provision of any other State unemployment compensation
13    law; and
14        2. For such week: (a) he or she has no right to
15    benefits or allowances, as the case may be, under the
16    Railroad Unemployment Insurance Act, the federal Trade Act
17    of 1974, as amended, or such other federal laws as are
18    specified in regulations of the United States Secretary of
19    Labor or other appropriate federal agency; and (b) he or
20    she has not received and is not seeking benefits under the
21    unemployment compensation law of Canada, except that if he
22    or she is seeking such benefits and the appropriate agency
23    finally determines that he or she is not entitled to
24    benefits under such law, this clause shall not apply; and
25        3. The week for which additional benefits are being
26    claimed is not later than seventy-eight weeks after the end



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1    of the individual's benefit year for which benefits can be
2    claimed under this Section.
3    For the purposes of clauses (a) and (b) of paragraph 1 of
4this subsection, an individual shall be deemed to have
5received, with respect to his or her current benefit year, the
6maximum total amount of benefits to which he or she was
7entitled or all of the regular benefits to which he or she had
8entitlement, or all of the regular benefits available to him or
9her, as the case may be, even though: (a) as a result of a
10pending reconsideration or appeal with respect to the "finding"
11defined in Section 701, or of a pending appeal with respect to
12wages or employment or both under any other State unemployment
13compensation law, he or she may subsequently be determined to
14be entitled to more regular benefits; or (b) by reason of a
15seasonality provision in a State unemployment compensation law
16which establishes the weeks of the year for which regular
17benefits may be paid to individuals on the basis of wages in
18seasonal employment he or she may be entitled to regular
19benefits for future weeks but such benefits are not payable
20with respect to the week for which he or she is claiming
21additional benefits, provided that he or she is otherwise an
22exhaustee under the provisions of this subsection with respect
23to his or her rights to regular benefits, under such
24seasonality provision, during the portion of the year in which
25that week occurs; or (c) having established a benefit year, no
26regular benefits are payable to him or her with respect to such



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1year because his or her wage credits were cancelled or his or
2her rights to regular benefits were totally reduced by reason
3of the application of a disqualification provision of a State
4unemployment compensation law.
5    An individual shall not cease to be an exhaustee with
6respect to any week solely because he or she meets the
7qualifying wage requirements of Section 500E for a part of such
9    D. The provisions of Section 607 and the waiting period
10requirements of Section 500D shall not be applicable to any
11week with respect to which benefits are otherwise payable under
12this Section.
13    E. With respect to any week payable under this Section, an
14exhaustee's "weekly additional benefit amount" shall be the
15same as his or her weekly benefit amount during his or her
16benefit year which includes such week or, if such week is not
17in a benefit year, during his or her applicable benefit year,
18as defined in regulations issued by the United States Secretary
19of Labor or other appropriate federal agency. If the exhaustee
20had more than one weekly benefit amount during his or her
21benefit year, his or her weekly additional benefit amount with
22respect to such week shall be the latest of such weekly benefit
24    F. An eligible exhaustee shall be entitled to a maximum
25total amount of additional benefits equal to the maximum total
26amount of benefits to which he or she was entitled under



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1Section 403B, plus dependents' allowances, during his or her
2applicable benefit year, minus the sum of any trade
3readjustment allowances he or she has received as a result of
4the certification referenced in item (a) of paragraph 2 of
5subsection A.
6    G. 1. A claims adjudicator shall examine the first claim
7filed by an individual who meets the requirements of subsection
8A and, on the basis of the information in his or her
9possession, shall make an "additional benefits finding". Such
10finding shall state whether or not the individual has met the
11requirement of subsection E of Section 500 of this Act, is an
12exhaustee and, if so, his or her weekly additional benefit
13amount and the maximum total amount of additional benefits to
14which he or she is entitled. The claims adjudicator shall
15promptly notify the individual of his or her "additional
16benefits finding", and shall promptly notify the individual's
17most recent employing unit and the individual's last employer
18(referred to in Section 1502.1) that the individual has filed a
19claim for additional benefits. The claims adjudicator may
20reconsider his or her "additional benefits finding" at any time
21within 2 years after the close of the individual's applicable
22benefit year, and shall promptly notify the individual of such
23reconsidered finding. All of the provisions of this Act
24applicable to reviews from findings or reconsidered findings
25made pursuant to Sections 701 and 703 which are not
26inconsistent with the provisions of this subsection shall be



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1applicable to reviews from additional benefits findings and
2reconsidered additional benefits findings.
3    2. If, pursuant to the reconsideration or appeal with
4respect to a "finding", referred to in subsection C, an
5exhaustee is found to be entitled to more regular benefits and,
6by reason thereof, is entitled to more additional benefits, the
7claims adjudicator shall make a reconsidered additional
8benefits finding and shall promptly notify the exhaustee
10    H. Benefits payable pursuant this Section shall be paid
11from the unemployment trust fund.
12    I. No employer shall be chargeable for the additional
13benefits paid under this Section.
14    J. To ensure full compliance and coordination with all
15applicable federal laws, including, but not limited to, the
16federal Trade Act of 1974, as amended, the Federal Unemployment
17Tax Act, and the Social Security Act, the Director shall take
18any action or issue any regulations necessary in the
19administration of this Section to ensure that its provisions
20are so interpreted and applied as to meet the requirements of
21such federal Act as interpreted by the United States Secretary
22of Labor or other appropriate Federal agency.
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".