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91_HB1733
LRB9100925WHdvA
1 AN ACT to amend the Unemployment Insurance Act by
2 changing Section 612.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unemployment Insurance Act is amended by
6 changing Section 612 as follows:
7 (820 ILCS 405/612) (from Ch. 48, par. 442)
8 Sec. 612. Academic personnel; Head Start employees;
9 certain school crossing guards - Ineligibility between
10 academic years or terms.
11 A. Benefits based on wages for services which are
12 employment under the provisions of Sections 211.1, 211.2, and
13 302C shall be payable in the same amount, on the same terms,
14 and subject to the same conditions as benefits payable on the
15 basis of wages for other services which are employment under
16 this Act; except that:
17 1. An individual shall be ineligible for benefits,
18 on the basis of wages for employment in an instructional,
19 research, or principal administrative capacity performed
20 for an institution of higher education, for any week
21 which begins during the period between two successive
22 academic years, or during a similar period between two
23 regular terms, whether or not successive, or during a
24 period of paid sabbatical leave provided for in the
25 individual's contract, if the individual has a contract
26 or contracts to perform services in any such capacity for
27 any institution or institutions of higher education for
28 both such academic years or both such terms.
29 This paragraph 1 shall apply with respect to any
30 week which begins prior to January 1, 1978.
31 2. An individual shall be ineligible for benefits,
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1 on the basis of wages for service in employment in any
2 capacity other than those referred to in paragraph 1,
3 performed for an institution of higher learning, for any
4 week which begins after September 30, 1983, during a
5 period between two successive academic years or terms, if
6 the individual performed such service in the first of
7 such academic years or terms and there is a reasonable
8 assurance that the individual will perform such service
9 in the second of such academic years or terms.
10 3. An individual shall be ineligible for benefits,
11 on the basis of wages for service in employment in any
12 capacity other than those referred to in paragraph 1,
13 performed for an institution of higher education, for any
14 week which begins after January 5, 1985, during an
15 established and customary vacation period or holiday
16 recess, if the individual performed such service in the
17 period immediately before such vacation period or holiday
18 recess and there is a reasonable assurance that the
19 individual will perform such service in the period
20 immediately following such vacation period or holiday
21 recess.
22 B. Benefits based on wages for services which are
23 employment under the provisions of Sections 211.1 and 211.2
24 shall be payable in the same amount, on the same terms, and
25 subject to the same conditions, as benefits payable on the
26 basis of wages for other services which are employment under
27 this Act, except that:
28 1. An individual shall be ineligible for benefits,
29 on the basis of wages for service in employment in an
30 instructional, research, or principal administrative
31 capacity performed for an educational institution, for
32 any week which begins after December 31, 1977, during a
33 period between two successive academic years, or during a
34 similar period between two regular terms, whether or not
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1 successive, or during a period of paid sabbatical leave
2 provided for in the individual's contract, if the
3 individual performed such service in the first of such
4 academic years (or terms) and if there is a contract or a
5 reasonable assurance that the individual will perform
6 service in any such capacity for any educational
7 institution in the second of such academic years (or
8 terms).
9 2. An individual shall be ineligible for benefits,
10 on the basis of wages for service in employment in any
11 capacity other than those referred to in paragraph 1,
12 performed for an educational institution, for any week
13 which begins after December 31, 1977, during a period
14 between two successive academic years or terms, if the
15 individual performed such service in the first of such
16 academic years or terms and there is a reasonable
17 assurance that the individual will perform such service
18 in the second of such academic years or terms.
19 3. An individual shall be ineligible for benefits,
20 on the basis of wages for service in employment in any
21 capacity performed for an educational institution, for
22 any week which begins after January 5, 1985, during an
23 established and customary vacation period or holiday
24 recess, if the individual performed such service in the
25 period immediately before such vacation period or holiday
26 recess and there is a reasonable assurance that the
27 individual will perform such service in the period
28 immediately following such vacation period or holiday
29 recess.
30 4. An individual shall be ineligible for benefits
31 on the basis of wages for service in employment in any
32 capacity performed in an educational institution while in
33 the employ of an educational service agency for any week
34 which begins after January 5, 1985, (a) during a period
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1 between two successive academic years or terms, if the
2 individual performed such service in the first of such
3 academic years or terms and there is a reasonable
4 assurance that the individual will perform such service
5 in the second of such academic years or terms; and (b)
6 during an established and customary vacation period or
7 holiday recess, if the individual performed such service
8 in the period immediately before such vacation period or
9 holiday recess and there is a reasonable assurance that
10 the individual will perform such service in the period
11 immediately following such vacation period or holiday
12 recess. The term "educational service agency" means a
13 governmental agency or governmental entity which is
14 established and operated exclusively for the purpose of
15 providing such services to one or more educational
16 institutions.
17 C. 1. If benefits are denied to any individual under the
18 provisions of paragraph 2 of either subsection A or B of this
19 Section for any week which begins on or after September 3,
20 1982 and such individual is not offered a bona fide
21 opportunity to perform such services for the educational
22 institution for the second of such academic years or terms,
23 such individual shall be entitled to a retroactive payment of
24 benefits for each week for which the individual filed a
25 timely claim for benefits as determined by the rules and
26 regulations issued by the Director for the filing of claims
27 for benefits, provided that such benefits were denied solely
28 because of the provisions of paragraph 2 of either subsection
29 A or B of this Section.
30 2. If benefits on the basis of wages for service in
31 employment in other than an instructional, research, or
32 principal administrative capacity performed in an educational
33 institution while in the employ of an educational service
34 agency are denied to any individual under the provisions of
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1 subparagraph (a) of paragraph 4 of subsection B and such
2 individual is not offered a bona fide opportunity to perform
3 such services in an educational institution while in the
4 employ of an educational service agency for the second of
5 such academic years or terms, such individual shall be
6 entitled to a retroactive payment of benefits for each week
7 for which the individual filed a timely claim for benefits as
8 determined by the rules and regulations issued by the
9 Director for the filing of claims for benefits, provided that
10 such benefits were denied solely because of subparagraph (a)
11 of paragraph 4 of subsection B of this Section.
12 D. 1. Except as otherwise provided in this subsection D,
13 an individual is ineligible for benefits on the basis of
14 wages for service in employment:
15 (i) in any capacity for a Head Start program,
16 whether or not the Head Start program is sponsored by an
17 educational institution; or
18 (ii) for a municipality as a school crossing guard
19 during an established and customary vacation period or
20 holiday recess;
21 if the individual performed the service in the period
22 immediately before the vacation period or holiday recess and
23 there is a reasonable assurance that the individual will
24 perform the service in the period immediately following the
25 vacation period or holiday recess.
26 2. If benefits on the basis of wages for service in
27 employment are denied to any individual solely because of
28 paragraph 1 of this subsection D and the individual is not
29 offered a bona fide opportunity to perform the service in the
30 period immediately following the vacation period or holiday
31 recess, the individual is entitled to a retroactive payment
32 of benefits for each week for which the individual filed a
33 timely claim for benefits as determined by the rules issued
34 by the Director for the filing of claims for benefits.
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1 (Source: P.A. 87-1178.)