Full Text of HB1285 99th General Assembly
HB1285enr 99TH GENERAL ASSEMBLY |
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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 Sections 401, 403, 602, 611, 1505, and 1506.6 as | 6 | | follows: | 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 | 10 | | beginning prior to January 4, 2004, an
individual's weekly | 11 | | benefit amount shall be an amount equal to the weekly
benefit | 12 | | amount as defined in the provisions of this Act as amended and | 13 | | in effect on November 18, 2011.
| 14 | | B. 1.
With respect to any benefit year beginning on or | 15 | | after January 4, 2004 and
before January 6, 2008, an | 16 | | individual's weekly benefit amount shall be 48% of
his or her | 17 | | prior average weekly wage, rounded (if not already a multiple | 18 | | of one
dollar) to the next higher dollar; provided, however, | 19 | | that the weekly benefit
amount cannot exceed the maximum weekly | 20 | | benefit amount and cannot be less than
$51. Except as otherwise | 21 | | provided in this Section, with respect to any benefit year | 22 | | beginning on or after January 6, 2008, an
individual's weekly | 23 | | benefit amount shall be 47% of his or her prior average
weekly |
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| 1 | | wage, rounded (if not already a multiple of one dollar) to the | 2 | | next
higher dollar; provided, however, that the weekly benefit | 3 | | amount cannot exceed
the maximum weekly benefit amount and | 4 | | cannot be less than $51.
With respect to any benefit year | 5 | | beginning in calendar year 2016, an individual's weekly benefit | 6 | | amount shall be 42.8% of his or her prior average weekly wage, | 7 | | rounded (if not already a multiple of one dollar) to the next | 8 | | higher dollar; provided, however, that the weekly benefit | 9 | | amount cannot exceed the maximum weekly benefit amount and | 10 | | cannot be less than $51. With respect to any benefit year | 11 | | beginning in calendar year 2018, an individual's weekly benefit | 12 | | amount shall be 42.9% of his or her prior average weekly wage, | 13 | | rounded (if not already a multiple of one dollar) to the next | 14 | | higher dollar; provided, however, that the weekly benefit | 15 | | amount cannot exceed the maximum weekly benefit amount and | 16 | | cannot be less than $51.
| 17 | | 2. For the purposes of this subsection:
| 18 | | An
individual's "prior average weekly wage" means the total | 19 | | wages for insured
work paid to that individual during the 2 | 20 | | calendar quarters of his base
period in which such total wages | 21 | | were highest, divided by 26. If
the quotient is not already a | 22 | | multiple of one dollar, it shall be
rounded to the nearest | 23 | | dollar; however if the quotient is equally near
2 multiples of | 24 | | one dollar, it shall be rounded to the higher multiple of
one | 25 | | dollar.
| 26 | | "Determination date" means June 1 and December 1 of each |
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| 1 | | calendar year except that, for the purposes
of this Act only, | 2 | | there shall be no June 1 determination date in any
year.
| 3 | | "Determination period" means, with respect to each June 1 | 4 | | determination
date, the 12 consecutive calendar months ending | 5 | | on the immediately preceding
December 31 and, with respect to | 6 | | each December 1 determination date, the
12 consecutive calendar | 7 | | months ending on the immediately preceding June 30.
| 8 | | "Benefit period" means the 12 consecutive calendar month | 9 | | period
beginning on the first day of the first calendar month | 10 | | immediately following
a determination date, except that, with | 11 | | respect to any calendar year
in which there is a June 1 | 12 | | determination date, "benefit period" shall mean
the 6 | 13 | | consecutive calendar month period beginning on the first day of | 14 | | the first
calendar month immediately following the preceding | 15 | | December 1 determination
date and the 6 consecutive calendar | 16 | | month period beginning on the first
day of the first calendar | 17 | | month immediately following the June 1 determination
date.
| 18 | | "Gross wages" means all the wages paid to individuals | 19 | | during the
determination period immediately preceding a | 20 | | determination date for
insured work, and reported to the | 21 | | Director by employers prior to the
first day of the third | 22 | | calendar month preceding that date.
| 23 | | "Covered employment" for any calendar month means the total | 24 | | number of
individuals, as determined by the Director, engaged | 25 | | in insured work at
mid-month.
| 26 | | "Average monthly covered employment" means one-twelfth of |
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| 1 | | the sum of
the covered employment for the 12 months of a | 2 | | determination period.
| 3 | | "Statewide average annual wage" means the quotient, | 4 | | obtained by
dividing gross wages by average monthly covered | 5 | | employment for the same
determination period, rounded (if not | 6 | | already a multiple of one cent) to
the nearest cent.
| 7 | | "Statewide average weekly wage" means the quotient, | 8 | | obtained by
dividing the statewide average annual wage by 52, | 9 | | rounded (if not
already a multiple of one cent) to the nearest | 10 | | cent. Notwithstanding any provision of this Section to the | 11 | | contrary, the statewide average weekly wage for any benefit | 12 | | period prior to calendar year 2012 shall be as determined by | 13 | | the provisions of this Act as amended and in effect on November | 14 | | 18, 2011. Notwithstanding any
provisions of this Section to the | 15 | | contrary, the statewide average weekly
wage for the benefit | 16 | | period of calendar year 2012 shall be $856.55 and for each | 17 | | calendar year
thereafter, the
statewide average weekly wage | 18 | | shall be the statewide
average weekly wage, as determined in | 19 | | accordance with
this sentence, for the immediately preceding | 20 | | benefit
period plus (or minus) an amount equal to the | 21 | | percentage
change in the statewide average weekly wage, as | 22 | | computed
in accordance with the first sentence of this | 23 | | paragraph,
between the 2 immediately preceding benefit | 24 | | periods,
multiplied by the statewide average weekly wage, as
| 25 | | determined in accordance with this sentence, for the
| 26 | | immediately preceding benefit period.
However, for purposes of |
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| 1 | | the
Workers'
Compensation Act, the statewide average weekly | 2 | | wage will be computed
using June 1 and December 1 determination | 3 | | dates of each calendar year and
such determination shall not be | 4 | | subject to the limitation of the statewide average weekly wage | 5 | | as
computed in accordance with the preceding sentence of this
| 6 | | paragraph.
| 7 | | With respect to any week beginning in a benefit year | 8 | | beginning prior to January 4, 2004, "maximum weekly benefit | 9 | | amount" with respect to each week beginning within a benefit | 10 | | period shall be as defined in the provisions of this Act as | 11 | | amended and in effect on November 18, 2011.
| 12 | | With respect to any benefit year beginning on or after | 13 | | January 4, 2004 and
before January 6, 2008, "maximum weekly | 14 | | benefit amount" with respect to each
week beginning within a | 15 | | benefit period means 48% of the statewide average
weekly wage, | 16 | | rounded (if not already a multiple of one dollar) to the next
| 17 | | higher dollar.
| 18 | | Except as otherwise provided in this Section, with respect | 19 | | to any benefit year beginning on or after January 6, 2008,
| 20 | | "maximum weekly benefit amount" with respect to each week | 21 | | beginning within a
benefit period means 47% of the statewide | 22 | | average weekly wage, rounded (if not
already a multiple of one | 23 | | dollar) to the next higher dollar.
| 24 | | With respect to any benefit year beginning in calendar year | 25 | | 2016, "maximum weekly benefit amount" with respect to each week | 26 | | beginning within a benefit period means 42.8% of the statewide |
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| 1 | | average weekly wage, rounded (if not already a multiple of one | 2 | | dollar) to the next higher dollar. | 3 | | With respect to any benefit year beginning in calendar year | 4 | | 2018, "maximum weekly benefit amount" with respect to each week | 5 | | beginning within a benefit period means 42.9% of the statewide | 6 | | average weekly wage, rounded (if not already a multiple of one | 7 | | dollar) to the next higher dollar. | 8 | | C. With respect to any week beginning in a benefit year | 9 | | beginning prior to January 4, 2004, an individual's eligibility | 10 | | for a dependent allowance with respect to a nonworking spouse | 11 | | or one or more dependent children shall be as defined by the | 12 | | provisions of this Act as amended and in effect on November 18, | 13 | | 2011.
| 14 | | With respect to any benefit year beginning on or after | 15 | | January 4, 2004 and
before January 6, 2008, an individual to | 16 | | whom benefits are payable with respect
to any week shall, in | 17 | | addition to those benefits, be paid, with respect to such
week, | 18 | | as follows: in the case of an individual with a nonworking | 19 | | spouse, 9% of
his or her prior average weekly wage, rounded (if | 20 | | not already a multiple of one
dollar) to the next higher | 21 | | dollar, provided, that the total amount payable to
the | 22 | | individual with respect to a week shall not exceed 57% of the | 23 | | statewide
average weekly wage, rounded (if not already a | 24 | | multiple of one dollar) to the
next higher dollar; and in the | 25 | | case of an individual with a dependent child or
dependent | 26 | | children, 17.2% of his or her prior average weekly wage, |
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| 1 | | rounded (if
not already a multiple of one dollar) to the next | 2 | | higher dollar, provided that
the total amount payable to the | 3 | | individual with respect to a week shall not
exceed 65.2% of the | 4 | | statewide average weekly wage, rounded (if not already a
| 5 | | multiple of one dollar) to the next higher dollar.
| 6 | | With respect to any benefit year beginning on or after | 7 | | January 6, 2008 and before January 1, 2010, an
individual to | 8 | | whom benefits are payable with respect to any week shall, in
| 9 | | addition to those benefits, be paid, with respect to such week, | 10 | | as follows: in
the case of an individual with a nonworking | 11 | | spouse, 9% of his or her prior
average weekly wage, rounded (if | 12 | | not already a multiple of one dollar) to the
next higher | 13 | | dollar, provided, that the total amount payable
to the | 14 | | individual with respect to a week shall not exceed 56% of the | 15 | | statewide
average weekly wage, rounded (if not already a | 16 | | multiple of one dollar) to the
next higher dollar; and in the | 17 | | case of an individual with a dependent child or
dependent | 18 | | children, 18.2% of his or her prior average weekly wage, | 19 | | rounded (if
not already a multiple of one dollar) to the next | 20 | | higher dollar, provided that
the total amount payable to the | 21 | | individual with respect to a week
shall not exceed 65.2% of the | 22 | | statewide average weekly wage, rounded (if not
already a | 23 | | multiple of one dollar) to the next higher dollar. | 24 | | The additional
amount paid pursuant to this subsection in | 25 | | the case of an individual with a
dependent child or dependent | 26 | | children shall be referred to as the "dependent
child |
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| 1 | | allowance", and the percentage rate by which an individual's | 2 | | prior average weekly wage is multiplied pursuant to this | 3 | | subsection to calculate the dependent child allowance shall be | 4 | | referred to as the "dependent child allowance rate". | 5 | | Except as otherwise provided in this Section, with respect | 6 | | to any benefit year beginning on or after January 1, 2010, an | 7 | | individual to whom benefits are payable with respect to any | 8 | | week shall, in addition to those benefits, be paid, with | 9 | | respect to such week, as follows: in the case of an individual | 10 | | with a nonworking spouse, the greater of (i) 9% of his or her | 11 | | prior average weekly wage, rounded (if not already a multiple | 12 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 13 | | that the total amount payable to the individual with respect to | 14 | | a week shall not exceed 56% of the statewide average weekly | 15 | | wage, rounded (if not already a multiple of one dollar) to the | 16 | | next higher dollar; and in the case of an individual with a | 17 | | dependent child or dependent children, the greater of (i) the | 18 | | product of the dependent child allowance rate multiplied by his | 19 | | or her prior average weekly wage, rounded (if not already a | 20 | | multiple of one dollar) to the next higher dollar, or (ii) the | 21 | | lesser of $50 or 50% of his or her weekly benefit amount, | 22 | | rounded (if not already a multiple of one dollar) to the next | 23 | | higher dollar, provided that the total amount payable to the | 24 | | individual with respect to a week shall not exceed the product | 25 | | of the statewide average weekly wage multiplied by the sum of | 26 | | 47% plus the dependent child allowance rate, rounded (if not |
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| 1 | | already a multiple of one dollar) to the next higher dollar. | 2 | | With respect to any benefit year beginning in calendar year | 3 | | 2016, an individual to whom benefits are payable with respect | 4 | | to any week shall, in addition to those benefits, be paid, with | 5 | | respect to such week, as follows: in the case of an individual | 6 | | with a nonworking spouse, the greater of (i) 9% of his or her | 7 | | prior average weekly wage, rounded (if not already a multiple | 8 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 9 | | that the total amount payable to the individual with respect to | 10 | | a week shall not exceed 51.8% of the statewide average weekly | 11 | | wage, rounded (if not already a multiple of one dollar) to the | 12 | | next higher dollar; and in the case of an individual with a | 13 | | dependent child or dependent children, the greater of (i) the | 14 | | product of the dependent child allowance rate multiplied by his | 15 | | or her prior average weekly wage, rounded (if not already a | 16 | | multiple of one dollar) to the next higher dollar, or (ii) the | 17 | | lesser of $50 or 50% of his or her weekly benefit amount, | 18 | | rounded (if not already a multiple of one dollar) to the next | 19 | | higher dollar, provided that the total amount payable to the | 20 | | individual with respect to a week shall not exceed the product | 21 | | of the statewide average weekly wage multiplied by the sum of | 22 | | 42.8% plus the dependent child allowance rate, rounded (if not | 23 | | already a multiple of one dollar) to the next higher dollar. | 24 | | With respect to any benefit year beginning in calendar year | 25 | | 2018, an individual to whom benefits are payable with respect | 26 | | to any week shall, in addition to those benefits, be paid, with |
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| 1 | | respect to such week, as follows: in the case of an individual | 2 | | with a nonworking spouse, the greater of (i) 9% of his or her | 3 | | prior average weekly wage, rounded (if not already a multiple | 4 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 5 | | that the total amount payable to the individual with respect to | 6 | | a week shall not exceed 51.9% of the statewide average weekly | 7 | | wage, rounded (if not already a multiple of one dollar) to the | 8 | | next higher dollar; and in the case of an individual with a | 9 | | dependent child or dependent children, the greater of (i) the | 10 | | product of the dependent child allowance rate multiplied by his | 11 | | or her prior average weekly wage, rounded (if not already a | 12 | | multiple of one dollar) to the next higher dollar, or (ii) the | 13 | | lesser of $50 or 50% of his or her weekly benefit amount, | 14 | | rounded (if not already a multiple of one dollar) to the next | 15 | | higher dollar, provided that the total amount payable to the | 16 | | individual with respect to a week shall not exceed the product | 17 | | of the statewide average weekly wage multiplied by the sum of | 18 | | 42.9% plus the dependent child allowance rate, rounded (if not | 19 | | already a multiple of one dollar) to the next higher dollar. | 20 | | With respect to each benefit year beginning after calendar | 21 | | year 2012, the
dependent child allowance rate shall be the sum | 22 | | of the allowance adjustment
applicable pursuant to Section | 23 | | 1400.1 to the calendar year in which the benefit
year begins, | 24 | | plus the dependent child
allowance rate with respect to each | 25 | | benefit year beginning in the immediately
preceding calendar | 26 | | year, except as otherwise provided in this subsection. The |
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| 1 | | dependent
child allowance rate with respect to each benefit | 2 | | year beginning in calendar year 2010 shall be 17.9%.
The | 3 | | dependent child allowance rate with respect to each benefit | 4 | | year beginning in calendar year 2011 shall be 17.4%. The | 5 | | dependent child allowance rate with respect to each benefit | 6 | | year beginning in calendar year 2012 shall be 17.0% and, with | 7 | | respect to each benefit year beginning after calendar year | 8 | | 2012, 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 | 12 | | of an
individual claiming benefits under this Act or a child | 13 | | who is in the
custody of any such individual by court order, | 14 | | for whom the individual is
supplying and, for at least 90 | 15 | | consecutive days (or for the duration of
the parental | 16 | | relationship if it has existed for less than 90 days)
| 17 | | immediately preceding any week with respect to which the | 18 | | individual has
filed a claim, has supplied more than one-half | 19 | | the cost of support, or
has supplied at least 1/4 of the cost | 20 | | of support if the individual and
the other parent, together, | 21 | | are supplying and, during the aforesaid
period, have supplied | 22 | | more than one-half the cost of support, and are,
and were | 23 | | during the aforesaid period, members of the same household; and
| 24 | | who, on the first day of such week (a) is under 18 years of age, | 25 | | or (b)
is, and has been during the immediately preceding 90 | 26 | | days, unable to
work because of illness or other disability: |
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| 1 | | provided, that no person
who has been determined to be a child | 2 | | of an individual who has been
allowed benefits with respect to | 3 | | a week in the individual's benefit
year shall be deemed to be a | 4 | | child of the other parent, and no other
person shall be | 5 | | determined to be a child of such other parent, during
the | 6 | | remainder of that benefit year.
| 7 | | "Nonworking spouse" means the lawful husband or wife of an | 8 | | individual
claiming benefits under this Act, for whom more than | 9 | | one-half the cost
of support has been supplied by the | 10 | | individual for at least 90
consecutive days (or for the | 11 | | duration of the marital relationship if it
has existed for less | 12 | | than 90 days) immediately preceding any week with
respect to | 13 | | which the individual has filed a claim, but only if the
| 14 | | nonworking spouse is currently ineligible to receive benefits | 15 | | under this
Act by reason of the provisions of Section 500E.
| 16 | | An individual who was obligated by law to provide for the | 17 | | support of
a child or of a nonworking spouse for the aforesaid | 18 | | period of 90 consecutive
days, but was prevented by illness or | 19 | | injury from doing so, shall be deemed
to have provided more | 20 | | than one-half the cost of supporting the child or
nonworking | 21 | | spouse for that period.
| 22 | | (Source: P.A. 96-30, eff. 6-30-09; 97-621, eff. 11-18-11; | 23 | | 97-791, 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 | 2 | | September 30, 1979, any otherwise eligible
individual shall be | 3 | | entitled, during such benefit year, to a maximum
total amount | 4 | | of benefits as shall be determined in the manner set forth
in | 5 | | this Act as amended and in effect on November 9, 1977.
| 6 | | B. With respect to any benefit year beginning on or after | 7 | | September 30,
1979, except as otherwise provided in this | 8 | | Section, any otherwise eligible individual shall be entitled, | 9 | | during such benefit
year, to a maximum total amount of benefits | 10 | | equal to 26 times his or her weekly
benefit amount plus | 11 | | dependents' allowances, or to the total wages for insured
work | 12 | | paid to such individual during the individual's base period, | 13 | | whichever
amount is smaller. With respect to any benefit year | 14 | | beginning in calendar year 2012, any otherwise eligible | 15 | | individual shall be entitled, during such benefit year, to a | 16 | | maximum total amount of benefits equal to 25 times his or her | 17 | | weekly benefit amount plus dependents' allowances, or to the | 18 | | total wages for insured work paid to such individual during the | 19 | | individual's base period, whichever amount is smaller. If the | 20 | | maximum amount includable as "wages" pursuant to Section 235 is | 21 | | $13,560 with respect to calendar year 2013, then, with respect | 22 | | to any benefit year beginning after March 31, 2013 and before | 23 | | April 1, 2014, any otherwise eligible individual shall be | 24 | | entitled, during such benefit year, to a maximum total amount | 25 | | of benefits equal to 25 times his or her weekly benefit amount | 26 | | plus dependents allowances, or to the total wages for insured |
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| 1 | | work paid to such individual during the individual's base | 2 | | period, whichever amount is smaller. With respect to any | 3 | | benefit year beginning in calendar year 2016 or 2018, any | 4 | | otherwise eligible individual shall be entitled, during such | 5 | | benefit year, to a maximum total amount of benefits equal to 24 | 6 | | times his or her weekly benefit amount plus dependents' | 7 | | allowances, or to the total wages for insured work paid to such | 8 | | individual during the individual's base period, whichever | 9 | | amount 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 | 13 | | individual shall be
ineligible for benefits for the week in | 14 | | which he has been discharged for
misconduct connected with his | 15 | | work and, thereafter, until he has become
reemployed and has | 16 | | had earnings equal to or in excess of his current weekly
| 17 | | benefit amount in each of four calendar weeks
which are either | 18 | | for services in employment, or have been or will be reported
| 19 | | pursuant to the provisions of the Federal Insurance | 20 | | Contributions Act by
each employing unit for which such | 21 | | services are performed and which submits
a statement certifying | 22 | | to that fact.
The requalification requirements of the preceding | 23 | | sentence shall be
deemed to have been satisfied, as of the date | 24 | | of reinstatement, if,
subsequent to his discharge by an | 25 | | employing unit for misconduct connected
with his work, such |
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| 1 | | individual is reinstated by such employing unit. For
purposes | 2 | | of this subsection, the term "misconduct" means the deliberate | 3 | | and
willful violation of a reasonable rule or policy of the | 4 | | employing unit,
governing the individual's behavior in | 5 | | performance of his work, provided
such violation has harmed the | 6 | | employing unit or other employees or has been
repeated by the | 7 | | individual despite a warning or other explicit instruction
from | 8 | | the employing unit. The previous definition notwithstanding, | 9 | | "misconduct" shall include any of the following work-related | 10 | | circumstances: | 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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| 1 | | negligent" when the individual is, or reasonably should be, | 2 | | aware of a substantial risk that the conduct will result in the | 3 | | harm sought to be prevented and the conduct constitutes a | 4 | | substantial deviation from the standard of care a reasonable | 5 | | person would exercise in the situation. | 6 | | Nothing in paragraph 6 or 7 prohibits the lawful use of | 7 | | over-the-counter drug products as defined in Section 206 of the | 8 | | Illinois Controlled Substances Act, provided that the | 9 | | medication does not affect the safe performance of the | 10 | | employee's work duties. | 11 | | B. Notwithstanding any other provision of this Act, no | 12 | | benefit
rights shall accrue to any individual based upon wages | 13 | | from any employer
for service rendered prior to the day upon | 14 | | which such individual was
discharged because of the commission | 15 | | of a felony in connection with his
work, or because of theft in | 16 | | connection with his work, for which the
employer was in no way | 17 | | responsible; provided, that the employer notified
the Director | 18 | | of such possible ineligibility within the time limits
specified | 19 | | by regulations of the Director, and that the individual has
| 20 | | admitted his commission of the felony or theft to a | 21 | | representative of
the Director, or has signed a written | 22 | | admission of such act and such
written admission has been | 23 | | presented to a representative of the
Director, or such act has | 24 | | resulted in a conviction or order of
supervision by a court of
| 25 | | competent jurisdiction; and provided further, that if by reason | 26 | | of such
act, he is in legal custody, held on bail or is a |
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| 1 | | fugitive from justice,
the determination of his benefit rights | 2 | | shall be held in abeyance
pending the result of any legal | 3 | | proceedings 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 | 7 | | Section
"disqualifying income" means:
| 8 | | 1. The entire amount which an individual has received or | 9 | | will
receive with respect to a week in the form of a retirement | 10 | | payment (a)
from an individual or organization (i) for which he
| 11 | | performed services during his base period or which is liable | 12 | | for benefit
charges or payments in lieu of contributions as a | 13 | | result of the payment of
benefits to such individual and (ii) | 14 | | which pays
all of the cost of such retirement payment, or (b) | 15 | | from a trust, annuity
or insurance fund or under an annuity or | 16 | | insurance contract, to or under
which an individual or | 17 | | organization for which he
performed services during his base | 18 | | period or which is liable for benefit
charges or payments in | 19 | | lieu of contributions as a result of the payment of
benefits to | 20 | | such individual pays or has paid
all of the premiums or | 21 | | contributions; and
| 22 | | 2. One-half the amount which an individual has received or | 23 | | will
receive with respect to a week in the form of a retirement | 24 | | payment (a)
from an individual or organization (i) for which he
| 25 | | performed services during his base period or which is liable |
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| 1 | | for benefit
charges or payments in lieu of contributions as a | 2 | | result of the payment of
benefits to such individual and (ii) | 3 | | which pays
some, but not all, of the cost of such retirement | 4 | | payment, or (b) from a
trust, annuity or insurance fund | 5 | | (including primary social security old
age and disability | 6 | | retirement benefits, including those based on
self-employment) | 7 | | or under an annuity or insurance
contract, to or under which an | 8 | | individual or organization for which he
performed
services | 9 | | during his base period or which is liable for benefit charges | 10 | | or
payments in lieu of contributions as a result of the payment | 11 | | of benefits to
such individual pays or has paid some, but not | 12 | | all, of the premiums or
contributions.
| 13 | | 3. Notwithstanding paragraphs
paragraph 1 and 2
above, the
| 14 | | entire amount which an individual has received or will
receive, | 15 | | with respect to any week which begins after March 31, 1980, of
| 16 | | any governmental or other pension, retirement, or retired pay, | 17 | | annuity
or any other similar periodic payment which is based on | 18 | | any previous work
of such individual during his base period or | 19 | | which is liable for benefit
charges or payments in lieu of | 20 | | contributions as a result of the payment of
benefits to such | 21 | | individual. This paragraph shall be in effect only if it is
| 22 | | required as a condition for full tax credit against the tax | 23 | | imposed by
the Federal Unemployment Tax Act.
| 24 | | 4. Notwithstanding paragraphs 1, 2, and 3 above, none of | 25 | | the amount that an individual
has received or will receive with | 26 | | respect to a week in the form of social security old age, |
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| 1 | | survivors, and disability benefits under 42 U.S.C. Section 401 | 2 | | et seq., including those
based on self-employment, shall | 3 | | constitute disqualifying income.
| 4 | | B. Whenever an individual has received or will receive a | 5 | | retirement
payment for a month, an amount shall be deemed to | 6 | | have been paid him for
each day equal to one-thirtieth of such | 7 | | retirement payment. If the
retirement payment is for a | 8 | | half-month, an amount shall be deemed to
have been paid the | 9 | | individual for each day equal to one-fifteenth of
such | 10 | | retirement payment. If the retirement payment is for any other
| 11 | | period, an amount shall be deemed to have been paid the | 12 | | individual for
each day in such period equal to the retirement | 13 | | payment divided by the
number of days in the period.
| 14 | | C. An individual shall be ineligible for benefits for any | 15 | | week with
respect to which his disqualifying income equals or | 16 | | exceeds his weekly
benefit amount. If such disqualifying income | 17 | | with respect to a week
totals less than the benefits for which | 18 | | he would otherwise be eligible
under this Act, he shall be | 19 | | paid, with respect to such week, benefits
reduced by the amount | 20 | | of such disqualifying income.
| 21 | | D. To assure full tax credit to the employers of this State | 22 | | against
the tax imposed by the Federal Unemployment Tax Act, | 23 | | the Director shall
take any action as may be necessary in the | 24 | | administration of paragraph 3
of subsection A of this Section | 25 | | to insure that
the application of its provisions
conform to the | 26 | | requirements of such Federal Act as interpreted by the United
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| 1 | | States 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 | 5 | | experience
factor shall be adjusted in accordance with the | 6 | | following provisions:
| 7 | | A. For calendar years prior to 1988, the state experience | 8 | | factor shall be adjusted in accordance with the provisions of | 9 | | this Act as amended and in effect on November 18, 2011.
| 10 | | B. (Blank).
| 11 | | C. For calendar year 1988
and each calendar year | 12 | | thereafter, for which the state
experience factor is being | 13 | | determined.
| 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
| 22 | | adjusted 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 | 24 | | calendar years 2013 through 2015 shall be increased by 5% | 25 | | absolute above the adjusted state experience factor as | 26 | | calculated without regard to this subsection. The adjusted |
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| 1 | | state experience factor for each of calendar years 2016 through | 2 | | 2018 shall be increased by 6% absolute above the adjusted state | 3 | | experience factor as calculated without regard to this | 4 | | subsection. The increase in the adjusted state experience | 5 | | factor for calendar year 2018 pursuant to this subsection shall | 6 | | not be counted for purposes of applying paragraph 3 or 4 of | 7 | | subsection D to the calculation of the adjusted state | 8 | | experience factor for calendar year 2019. | 9 | | D-2. (Blank). The adjusted state experience factor for | 10 | | calendar year 2016 shall be increased by 19% absolute above the | 11 | | adjusted state experience factor as calculated without regard | 12 | | to this subsection. The increase in the adjusted state | 13 | | experience factor for calendar year 2016 pursuant to this | 14 | | subsection shall not be counted for purposes of applying | 15 | | paragraph 3 or 4 of subsection D to the calculation of the | 16 | | adjusted state experience factor for calendar year 2017. | 17 | | D-3. The adjusted state experience factor for calendar year | 18 | | 2018 shall be increased by 19% absolute above the adjusted | 19 | | state experience factor as calculated without regard to this | 20 | | subsection. The increase in the adjusted state experience | 21 | | factor for calendar year 2018 pursuant to this subsection shall | 22 | | not be counted for purposes of applying paragraph 3 or 4 of | 23 | | subsection D to the calculation of the adjusted state | 24 | | experience factor for calendar year 2019. | 25 | | E. The amount standing to the credit of this State's | 26 | | account in the
unemployment trust fund as of June 30 shall be |
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| 1 | | deemed to include as part
thereof (a) any amount receivable on | 2 | | that date from any Federal
governmental agency, or as a payment | 3 | | in lieu of contributions under the
provisions of Sections 1403 | 4 | | and 1405 B and paragraph 2 of Section 302C,
in reimbursement of | 5 | | benefits paid to individuals, and (b) amounts
credited by the | 6 | | Secretary of the Treasury of the United States to this
State's | 7 | | account in the unemployment trust fund pursuant to Section 903
| 8 | | of the Federal Social Security Act, as amended, including any | 9 | | such
amounts which have been appropriated by the General | 10 | | Assembly in
accordance with the provisions of Section 2100 B | 11 | | for expenses of
administration, except any amounts which have | 12 | | been obligated on or
before that date pursuant to such | 13 | | appropriation.
| 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 | 17 | | employer whose contribution rate for calendar year 2016 or 2018 | 18 | | is determined pursuant to Section 1500 or 1506.1, including but | 19 | | not limited to an employer whose contribution rate pursuant to | 20 | | Section 1506.1 is 0.0%, in addition to the contribution rate | 21 | | established pursuant to Section 1506.3, an additional | 22 | | surcharge of 0.3% shall be added to the contribution rate. The | 23 | | surcharge established by this Section shall be due at the same | 24 | | time as other contributions with respect to the quarter are | 25 | | due, as provided in Section 1400. Payments attributable to the |
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| 1 | | surcharge established pursuant to this Section shall be | 2 | | contributions 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 | 5 | | becoming law, except that the changes to Sections 602 and 611 | 6 | | of the Unemployment Insurance Act take effect January 3, 2016.
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