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| |  |  | 10100SB0471ham001 | - 2 - | LRB101 04232 JLS 72246 a | 
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| 1 |  | Economic Opportunity, or his or her designee, shall serve as a  | 
| 2 |  | member. The Governor shall appoint the following individuals to  | 
| 3 |  | serve as members within 30 days after the effective date of  | 
| 4 |  | this amendatory Act of the 101st General Assembly: a  | 
| 5 |  | representative from a contractor organization; a  | 
| 6 |  | representative from a labor organization; and 2 members of the  | 
| 7 |  | public with workforce development expertise, one of whom shall  | 
| 8 |  | be a representative of a nonprofit organization that addresses  | 
| 9 |  | workforce development.  | 
| 10 |  |  (b) The members of the Illinois Works Review Panel shall  | 
| 11 |  | make recommendations to the Department regarding  | 
| 12 |  | identification and evaluation of community-based  | 
| 13 |  | organizations.  | 
| 14 |  |  (c) The Illinois Works Review Panel shall meet, at least  | 
| 15 |  | quarterly, to review and evaluate (i) the Illinois Works  | 
| 16 |  | Preapprenticeship Program and the Illinois Works  | 
| 17 |  | Apprenticeship Initiative, (ii) ideas to diversify the trainee  | 
| 18 |  | corps in the Illinois Works Preapprenticeship Program and the  | 
| 19 |  | workforce in the construction industry in Illinois, (iii) ideas  | 
| 20 |  | to increase diversity in active apprenticeship programs in  | 
| 21 |  | Illinois, and (iv) workforce demographic data collected by the  | 
| 22 |  | Illinois Department of Labor. The Illinois Works Review Panel  | 
| 23 |  | shall hold its initial meeting no later than 45 days after the  | 
| 24 |  | effective date of this amendatory Act of the 101st General  | 
| 25 |  | Assembly.  | 
| 26 |  |  (d) All State contracts and grant agreements funding State  | 
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| 1 |  | contracts shall include a requirement that the contractor and  | 
| 2 |  | subcontractor shall, upon reasonable notice, appear before and  | 
| 3 |  | respond to requests for information from the Illinois Works  | 
| 4 |  | Review Panel.  | 
| 5 |  |  (e) By August 1, 2020, and every August 1 thereafter, the  | 
| 6 |  | Illinois Works Review Panel shall report to the General  | 
| 7 |  | Assembly on its evaluation of the Illinois Works  | 
| 8 |  | Preapprenticeship Program and the Illinois Works  | 
| 9 |  | Apprenticeship Initiative, including any recommended  | 
| 10 |  | modifications.
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| 11 |  | (Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.) | 
| 12 |  |  Section 10. The Illinois Pension Code is amended by  | 
| 13 |  | changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
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| 14 |  |  (40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
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| 15 |  |  Sec. 5-144. Death from injury in the performance of acts of  | 
| 16 |  | duty;
compensation annuity and supplemental annuity. | 
| 17 |  |  (a) Beginning January 1, 1986, and without regard to  | 
| 18 |  | whether or not the
annuity in question began before that date,  | 
| 19 |  | if the annuity for the widow of a
policeman whose death, on or  | 
| 20 |  | after January 1, 1940, results from injury
incurred in the  | 
| 21 |  | performance of an act or acts of duty, is not equal to the sum
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| 22 |  | hereinafter stated, "compensation annuity" equal to the  | 
| 23 |  | difference between the
annuity and an amount equal to 75% of  | 
| 24 |  | the policeman's salary attached to the
position he held by  | 
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| 1 |  | certification and appointment as a result of competitive
civil  | 
| 2 |  | service examination that would ordinarily have been paid to him  | 
| 3 |  | as though
he were in active discharge of his duties shall be  | 
| 4 |  | payable to the widow until
the policeman, had he lived, would  | 
| 5 |  | have attained age 63. The total amount of
the widow's annuity  | 
| 6 |  | and children's awards payable to the family of such
policeman  | 
| 7 |  | shall not exceed the amounts stated in Section 5-152.
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| 8 |  |  For the purposes of this Section only, the death of any  | 
| 9 |  | policeman as a result of the exposure to and contraction of  | 
| 10 |  | COVID-19, as evidenced by either (i) a confirmed positive  | 
| 11 |  | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a  | 
| 12 |  | confirmed diagnosis of COVID-19 from a licensed medical  | 
| 13 |  | professional, shall be rebuttably presumed to have been  | 
| 14 |  | contracted while in the performance of an act or acts of duty  | 
| 15 |  | and the policeman shall be rebuttably presumed to have been  | 
| 16 |  | fatally injured while in active service. The presumption shall  | 
| 17 |  | apply to any policeman who was exposed to and contracted  | 
| 18 |  | COVID-19 on or after March 9, 2020 and on or before December  | 
| 19 |  | 31, 2020; except that the presumption shall not apply if the  | 
| 20 |  | policeman was on a leave of absence from his or her employment  | 
| 21 |  | or otherwise not required to report for duty for a period of 14  | 
| 22 |  | or more consecutive days immediately prior to the date of  | 
| 23 |  | contraction of COVID-19. For the purposes of determining when a  | 
| 24 |  | policeman contracted COVID-19 under this paragraph, the date of  | 
| 25 |  | contraction is either the date that the policeman was diagnosed  | 
| 26 |  | with COVID-19 or was unable to work due to symptoms that were  | 
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| 1 |  | later diagnosed as COVID-19, whichever occurred first.  | 
| 2 |  |  The provisions of this Section, as amended by Public Act  | 
| 3 |  | 84-1104, including
the reference to the date upon which the  | 
| 4 |  | deceased policeman would have attained
age 63, shall apply to  | 
| 5 |  | all widows of policemen whose death occurs on or after
January  | 
| 6 |  | 1, 1940 due to injury incurred in the performance of an act of  | 
| 7 |  | duty,
regardless of whether such death occurred prior to  | 
| 8 |  | September 17, 1969. For
those widows of policemen that died  | 
| 9 |  | prior to September 17, 1969, who became
eligible for  | 
| 10 |  | compensation annuity by the action of Public Act 84-1104, such
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| 11 |  | compensation annuity shall begin and be calculated from January  | 
| 12 |  | 1, 1986. The
provisions of this amendatory Act of 1987 are  | 
| 13 |  | intended to restate and clarify
the intent of Public Act  | 
| 14 |  | 84-1104, and do not make any substantive change.
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| 15 |  |  (b) Upon termination of the compensation annuity,  | 
| 16 |  | "supplemental annuity"
shall become payable to the widow, equal  | 
| 17 |  | to the difference between the annuity
for the widow and an  | 
| 18 |  | amount equal to 75% of the annual salary
(including all salary  | 
| 19 |  | increases and longevity raises) that the policeman would
have  | 
| 20 |  | been receiving when he attained age 63 if the policeman had  | 
| 21 |  | continued in
service at the same rank (whether career service  | 
| 22 |  | or exempt) that he last held
in the police department. The  | 
| 23 |  | increase in supplemental annuity resulting from
this  | 
| 24 |  | amendatory Act of the 92nd General Assembly applies without
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| 25 |  | regard to whether the deceased policeman was in service on or  | 
| 26 |  | after the
effective date of this amendatory Act and is payable  | 
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| 1 |  | from July 1, 2002 or the
date upon which the supplemental  | 
| 2 |  | annuity begins,
whichever is later.
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| 3 |  |  (c) Neither compensation nor supplemental annuity shall be  | 
| 4 |  | paid unless the
death of the policeman was a direct result of  | 
| 5 |  | the injury, or the injury was
of such character as to prevent  | 
| 6 |  | him from subsequently resuming service as a
policeman; nor  | 
| 7 |  | shall compensation or supplemental annuity be paid unless the
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| 8 |  | widow was the wife of the policeman when the injury occurred.
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| 9 |  | (Source: P.A. 92-599, eff. 6-28-02.)
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| 10 |  |  (40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
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| 11 |  |  Sec. 5-153. Death benefit.  | 
| 12 |  |  (a) Effective January 1, 1962, an ordinary death benefit is  | 
| 13 |  | payable
on account of any policeman in service and in receipt  | 
| 14 |  | of salary on or
after such date, which benefit is in addition  | 
| 15 |  | to all other annuities and
benefits herein provided. This  | 
| 16 |  | benefit is payable upon death of a
policeman:
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| 17 |  |   (1) occurring in active service while in receipt of  | 
| 18 |  | salary;
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| 19 |  |   (2) on an authorized and approved leave of absence,  | 
| 20 |  | without salary,
beginning on or after January 1, 1962, if  | 
| 21 |  | the death occurs within 60
days from the date the employee  | 
| 22 |  | was in receipt of salary; or otherwise
in the service and  | 
| 23 |  | not separated by resignation or discharge beginning
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| 24 |  | January 1, 1962 if death occurs before his resignation or  | 
| 25 |  | discharge from
the service;
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| 1 |  |   (3) receiving duty disability or ordinary disability  | 
| 2 |  | benefit;
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| 3 |  |   (4) occurring within 60 days from the date of  | 
| 4 |  | termination of duty
disability or ordinary disability  | 
| 5 |  | benefit payments if re-entry into
service had not occurred;  | 
| 6 |  | or
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| 7 |  |   (5) occurring on retirement and while in receipt of an  | 
| 8 |  | age and
service annuity, Tier 2 monthly retirement annuity,  | 
| 9 |  | or prior service annuity; provided (a) retirement on such
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| 10 |  | annuity occurred on or after January 1, 1962, and (b) such  | 
| 11 |  | separation
from service was effective on or after the  | 
| 12 |  | policeman's attainment of age
50, and (c) application for  | 
| 13 |  | such annuity was made within 60 days after
separation from  | 
| 14 |  | service.
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| 15 |  |  (b) The ordinary death benefit is payable to such  | 
| 16 |  | beneficiary or
beneficiaries as the policeman has nominated by  | 
| 17 |  | written direction duly
signed and acknowledged before an  | 
| 18 |  | officer authorized to take
acknowledgments, and filed with the  | 
| 19 |  | board. If no such written direction
has been filed or if the  | 
| 20 |  | designated beneficiaries do not survive the
policeman, payment  | 
| 21 |  | of the benefit shall be made to his estate.
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| 22 |  |  (c) Until December 31, 1977, if death occurs prior to  | 
| 23 |  | retirement on annuity
and before the
policeman's attainment of  | 
| 24 |  | age 50, the amount of the benefit payable is
$6,000. If death  | 
| 25 |  | occurs prior to retirement, at age 50 or over, the
benefit of  | 
| 26 |  | $6,000 shall be reduced $400 for each year (commencing on the
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| 1 |  | policeman's attainment of age 50, and thereafter on each  | 
| 2 |  | succeeding
birthdate) that the policeman's age, at date of  | 
| 3 |  | death, is more than age
50, but in no event below the amount of  | 
| 4 |  | $2,000. However, if death
results from injury incurred in the  | 
| 5 |  | performance of an act or acts of
duty, prior to retirement on  | 
| 6 |  | annuity, the amount of the benefit payable
is $6,000  | 
| 7 |  | notwithstanding the age attained.
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| 8 |  |  Until December 31, 1977, if the policeman's death occurs  | 
| 9 |  | while he is in
receipt of an annuity,
the benefit is $2,000 if  | 
| 10 |  | retirement was effective upon attainment of age
55 or greater.  | 
| 11 |  | If the policeman retired at age 50 or over and before age
55,  | 
| 12 |  | the benefit of $2,000 shall be reduced $100 for each year or
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| 13 |  | fraction of a year that the policeman's age at retirement was  | 
| 14 |  | less than
age 55 to a minimum payment of $1,500.
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| 15 |  |  After December 31, 1977, and on or before January 1, 1986,  | 
| 16 |  | if death
occurs prior to retirement on annuity
and before the  | 
| 17 |  | policeman's attainment of age 50, the amount of the benefit
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| 18 |  | payable is $7,000. If death occurs prior to retirement, at age  | 
| 19 |  | 50 or over,
the benefit of $7,000 shall be reduced $400 for  | 
| 20 |  | each year (commencing on
the policeman's attainment of age 50,  | 
| 21 |  | and thereafter on each succeeding
birthdate) that the  | 
| 22 |  | policeman's age, at date of death, is more than age
50, but in  | 
| 23 |  | no event below the amount of $3,000. However, if death results
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| 24 |  | from injury incurred in the performance of an act or acts of  | 
| 25 |  | duty, prior
to retirement on annuity, the amount of the benefit  | 
| 26 |  | payable is $7,000 notwithstanding
the age attained.
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| 1 |  |  After December 31, 1977, and on or before January 1, 1986,  | 
| 2 |  | if the
policeman's death occurs while he is in
receipt of an  | 
| 3 |  | annuity, the benefit is $2,250 if retirement was effective
upon  | 
| 4 |  | attainment of age 55 or greater. If the policeman retired at  | 
| 5 |  | age 50
or over and before age 55, the benefit of $2,250 shall  | 
| 6 |  | be reduced $100 for
each year or fraction of a year that the  | 
| 7 |  | policeman's age at retirement was
less than age 55 to a minimum  | 
| 8 |  | payment of $1,750.
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| 9 |  |  After January 1, 1986, if death occurs prior to retirement  | 
| 10 |  | on annuity and
before the policeman's attainment of age 50, the  | 
| 11 |  | amount of benefit payable
is $12,000. If death occurs prior to  | 
| 12 |  | retirement, at age 50 or over, the
benefit of $12,000 shall be  | 
| 13 |  | reduced $400 for each year (commencing on the
policeman's  | 
| 14 |  | attainment of age 50, and thereafter on each succeeding
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| 15 |  | birthdate) that the policeman's age, at date of death, is more  | 
| 16 |  | than age 50,
but in no event below the amount of $6,000.  | 
| 17 |  | However, if death results from
injury in the performance of an  | 
| 18 |  | act or acts of duty, prior to retirement on
annuity, the amount  | 
| 19 |  | of benefit payable is $12,000 notwithstanding the age attained.
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| 20 |  |  After January 1, 1986, if the policeman's death occurs  | 
| 21 |  | while he is in
receipt of an annuity, the benefit is $6,000.
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| 22 |  |  (d) For the purposes of this Section only, the death of any  | 
| 23 |  | policeman as a result of the exposure to and contraction of  | 
| 24 |  | COVID-19, as evidenced by either (i) a confirmed positive  | 
| 25 |  | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a  | 
| 26 |  | confirmed diagnosis of COVID-19 from a licensed medical  | 
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| 1 |  | professional, shall be rebuttably presumed to have been  | 
| 2 |  | contracted while in the performance of an act or acts of duty  | 
| 3 |  | and the policeman shall be rebuttably presumed to have been  | 
| 4 |  | fatally injured while in active service. The presumption shall  | 
| 5 |  | apply to any policeman who was exposed to and contracted  | 
| 6 |  | COVID-19 on or after March 9, 2020 and on or before December  | 
| 7 |  | 31, 2020; except that the presumption shall not apply if the  | 
| 8 |  | policeman was on a leave of absence from his or her employment  | 
| 9 |  | or otherwise not required to report for duty for a period of 14  | 
| 10 |  | or more consecutive days immediately prior to the date of  | 
| 11 |  | contraction of COVID-19. For the purposes of determining when a  | 
| 12 |  | policeman contracted COVID-19 under this subsection, the date  | 
| 13 |  | of contraction is either the date that the policeman was  | 
| 14 |  | diagnosed with COVID-19 or was unable to work due to symptoms  | 
| 15 |  | that were later diagnosed as COVID-19, whichever occurred  | 
| 16 |  | first.  | 
| 17 |  | (Source: P.A. 99-905, eff. 11-29-16.)
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| 18 |  |  (40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
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| 19 |  |  Sec. 6-140. Death in the line of duty. 
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| 20 |  |  (a) The annuity for the widow of a fireman whose death  | 
| 21 |  | results from
the performance of an act or acts of duty shall be  | 
| 22 |  | an amount equal to 50% of
the current annual salary attached to  | 
| 23 |  | the classified position to which the
fireman was certified at  | 
| 24 |  | the time of his death and 75% thereof after
December 31, 1972.
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| 25 |  |  Unless the performance of an act or acts of duty results  | 
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| 1 |  | directly in the
death of the fireman, or prevents him from  | 
| 2 |  | subsequently resuming active
service in the fire department,  | 
| 3 |  | the annuity herein provided shall not be
paid; nor shall such  | 
| 4 |  | annuities be paid unless the widow was the wife of the
fireman  | 
| 5 |  | at the time of the act or acts of duty which resulted in his  | 
| 6 |  | death.
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| 7 |  |  For the purposes of this Section only, the death of any  | 
| 8 |  | fireman as a result of the exposure to and contraction of  | 
| 9 |  | COVID-19, as evidenced by either (i) a confirmed positive  | 
| 10 |  | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a  | 
| 11 |  | confirmed diagnosis of COVID-19 from a licensed medical  | 
| 12 |  | professional, shall be rebuttably presumed to have been  | 
| 13 |  | contracted while in the performance of an act or acts of duty  | 
| 14 |  | and the fireman shall be rebuttably presumed to have been  | 
| 15 |  | fatally injured while in active service. The presumption shall  | 
| 16 |  | apply to any fireman who was exposed to and contracted COVID-19  | 
| 17 |  | on or after March 9, 2020 and on or before December 31, 2020;  | 
| 18 |  | except that the presumption shall not apply if the fireman was  | 
| 19 |  | on a leave of absence from his or her employment or otherwise  | 
| 20 |  | not required to report for duty for a period of 14 or more  | 
| 21 |  | consecutive days immediately prior to the date of contraction  | 
| 22 |  | of COVID-19. For the purposes of determining when a fireman  | 
| 23 |  | contracted COVID-19 under this paragraph, the date of  | 
| 24 |  | contraction is either the date that the fireman was diagnosed  | 
| 25 |  | with COVID-19 or was unable to work due to symptoms that were  | 
| 26 |  | later diagnosed as COVID-19, whichever occurred first.  | 
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|  | 
| 1 |  |  (b) The changes made to this Section by this amendatory Act  | 
| 2 |  | of the 92nd
General Assembly apply without regard to whether  | 
| 3 |  | the deceased fireman was in
service on or after the effective  | 
| 4 |  | date of this amendatory Act. In the case of
a widow receiving  | 
| 5 |  | an annuity under this Section that has been reduced to 40%
of  | 
| 6 |  | current salary because the fireman, had he lived, would have  | 
| 7 |  | attained the
age prescribed for compulsory retirement, the  | 
| 8 |  | annuity shall be restored to the
amount provided in subsection  | 
| 9 |  | (a), with the increase beginning to accrue on
the later of  | 
| 10 |  | January 1, 2001 or the day the annuity first became payable.
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| 11 |  | (Source: P.A. 92-50, eff. 7-12-01.)
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| 12 |  |  (40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
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| 13 |  |  Sec. 6-150. Death benefit. | 
| 14 |  |  (a) Effective January 1, 1962, an ordinary death benefit  | 
| 15 |  | shall
be payable on account of any fireman in service and in  | 
| 16 |  | receipt of salary on
or after such date, which benefit shall be  | 
| 17 |  | in addition to all other
annuities and benefits herein  | 
| 18 |  | provided. This benefit shall be payable upon
death of a  | 
| 19 |  | fireman:
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| 20 |  |   (1) occurring in active service while in receipt of  | 
| 21 |  | salary;
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| 22 |  |   (2) on an authorized and approved leave of absence,  | 
| 23 |  | without salary,
beginning on or after January 1, 1962, if  | 
| 24 |  | the death occurs within 60 days
from the date the fireman  | 
| 25 |  | was in receipt of salary;
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|  | 
| 1 |  |   (3) receiving duty, occupational disease, or ordinary  | 
| 2 |  | disability
benefit;
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| 3 |  |   (4) occurring within 60 days from the date of  | 
| 4 |  | termination of duty
disability, occupational disease  | 
| 5 |  | disability or ordinary disability benefit
payments if  | 
| 6 |  | re-entry into service had not occurred; or
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| 7 |  |   (5) occurring on retirement and while in receipt of an  | 
| 8 |  | age and service annuity,
prior service annuity, Tier 2  | 
| 9 |  | monthly retirement annuity, or minimum annuity; provided  | 
| 10 |  | (a) retirement on such
annuity occurred on or after January  | 
| 11 |  | 1, 1962, and (b) such separation from
service was effective  | 
| 12 |  | on or after the fireman's attainment of age 50, and
(c)  | 
| 13 |  | application for such annuity was made within 60 days after  | 
| 14 |  | separation
from service.
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| 15 |  |  (b) The ordinary death benefit shall be payable to such  | 
| 16 |  | beneficiary or
beneficiaries as the fireman has nominated by  | 
| 17 |  | written direction duly signed
and acknowledged before an  | 
| 18 |  | officer authorized to take acknowledgments, and
filed with the  | 
| 19 |  | board. If no such written direction has been filed or if the
 | 
| 20 |  | designated beneficiaries do not survive the fireman, payment of  | 
| 21 |  | the benefit
shall be made to his estate.
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| 22 |  |  (c) Beginning July 1, 1983, if death occurs prior to  | 
| 23 |  | retirement on
annuity and before the
fireman's attainment of  | 
| 24 |  | age 50, the amount of the benefit payable shall be
$12,000.  | 
| 25 |  | Beginning July 1, 1983, if death occurs prior
to retirement, at  | 
| 26 |  | age 50 or over, the benefit
of $12,000 shall be reduced $400  | 
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|  | 
| 1 |  | for each year
(commencing on the fireman's
attainment of age 50  | 
| 2 |  | and thereafter on each succeeding birth date) that the
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| 3 |  | fireman's age, at date of death, is more than age 49, but in no  | 
| 4 |  | event below
the amount of $6,000.
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| 5 |  |  Beginning July 1, 1983, if the fireman's death occurs while  | 
| 6 |  | he is in
receipt of an annuity, the
benefit shall be $6,000.
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| 7 |  |  (d) For the purposes of this Section only, the death of any  | 
| 8 |  | fireman as a result of the exposure to and contraction of  | 
| 9 |  | COVID-19, as evidenced by either (i) a confirmed positive  | 
| 10 |  | laboratory test for COVID-19 or COVID-19 antibodies or (ii) a  | 
| 11 |  | confirmed diagnosis of COVID-19 from a licensed medical  | 
| 12 |  | professional, shall be rebuttably presumed to have been  | 
| 13 |  | contracted while in the performance of an act or acts of duty  | 
| 14 |  | and the fireman shall be rebuttably presumed to have been  | 
| 15 |  | fatally injured while in active service. The presumption shall  | 
| 16 |  | apply to any fireman who was exposed to and contracted COVID-19  | 
| 17 |  | on or after March 9, 2020 and on or before December 31, 2020;  | 
| 18 |  | except that the presumption shall not apply if the fireman was  | 
| 19 |  | on a leave of absence from his or her employment or otherwise  | 
| 20 |  | not required to report for duty for a period of 14 or more  | 
| 21 |  | consecutive days immediately prior to the date of contraction  | 
| 22 |  | of COVID-19. For the purposes of determining when a fireman  | 
| 23 |  | contracted COVID-19 under this subsection, the date of  | 
| 24 |  | contraction is either the date that the fireman was diagnosed  | 
| 25 |  | with COVID-19 or was unable to work due to symptoms that were  | 
| 26 |  | later diagnosed as COVID-19, whichever occurred first.  | 
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|  | 
| 1 |  | (Source: P.A. 99-905, eff. 11-29-16.)
 | 
| 2 |  |  Section 15. The Workers' Occupational Diseases Act is  | 
| 3 |  | amended by changing Section 1 as follows:
 | 
| 4 |  |  (820 ILCS 310/1) (from Ch. 48, par. 172.36)
 | 
| 5 |  |  Sec. 1. This Act shall be known and may be cited as the  | 
| 6 |  | "Workers'
Occupational Diseases Act".
 | 
| 7 |  |  (a) The term "employer" as used in this Act shall be  | 
| 8 |  | construed to
be:
 | 
| 9 |  |   1. The State and each county, city, town, township,  | 
| 10 |  | incorporated
village, school district, body politic, or  | 
| 11 |  | municipal corporation
therein.
 | 
| 12 |  |   2. Every person, firm, public or private corporation,  | 
| 13 |  | including
hospitals, public service, eleemosynary,  | 
| 14 |  | religious or charitable
corporations or associations, who  | 
| 15 |  | has any person in service or under any
contract for hire,  | 
| 16 |  | express or implied, oral or written.
 | 
| 17 |  |   3. Where an employer operating under and subject to the  | 
| 18 |  | provisions
of this Act loans an employee to another such  | 
| 19 |  | employer and such loaned
employee sustains a compensable  | 
| 20 |  | occupational disease in the employment
of such borrowing  | 
| 21 |  | employer and where such borrowing employer does not
provide  | 
| 22 |  | or pay the benefits or payments due such employee, such  | 
| 23 |  | loaning
employer shall be liable to provide or pay all  | 
| 24 |  | benefits or payments due
such employee under this Act and  | 
|     | 
| |  |  | 10100SB0471ham001 | - 16 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | as to such employee the liability of
such loaning and  | 
| 2 |  | borrowing employers shall be joint and several,
provided  | 
| 3 |  | that such loaning employer shall in the absence of  | 
| 4 |  | agreement to
the contrary be entitled to receive from such  | 
| 5 |  | borrowing employer full
reimbursement for all sums paid or  | 
| 6 |  | incurred pursuant to this paragraph
together with  | 
| 7 |  | reasonable attorneys' fees and expenses in any hearings
 | 
| 8 |  | before the Illinois Workers' Compensation Commission or in  | 
| 9 |  | any action to secure such
reimbursement. Where any benefit  | 
| 10 |  | is provided or paid by such loaning
employer, the employee  | 
| 11 |  | shall have the duty of rendering reasonable
co-operation in  | 
| 12 |  | any hearings, trials or proceedings in the case,
including  | 
| 13 |  | such proceedings for reimbursement.
 | 
| 14 |  |   Where an employee files an Application for Adjustment  | 
| 15 |  | of Claim with
the Illinois Workers' Compensation  | 
| 16 |  | Commission alleging that his or her claim is covered by
the  | 
| 17 |  | provisions of the preceding paragraph, and joining both the  | 
| 18 |  | alleged
loaning and borrowing employers, they and each of  | 
| 19 |  | them, upon written
demand by the employee and within 7 days  | 
| 20 |  | after receipt of such demand,
shall have the duty of filing  | 
| 21 |  | with the Illinois Workers' Compensation Commission a  | 
| 22 |  | written
admission or denial of the allegation that the  | 
| 23 |  | claim is covered by the
provisions of the preceding  | 
| 24 |  | paragraph and in default of such filing or
if any such  | 
| 25 |  | denial be ultimately determined not to have been bona fide
 | 
| 26 |  | then the provisions of Paragraph K of Section 19 of this  | 
|     | 
| |  |  | 10100SB0471ham001 | - 17 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | Act shall
apply.
 | 
| 2 |  |   An employer whose business or enterprise or a  | 
| 3 |  | substantial part
thereof consists of hiring, procuring or  | 
| 4 |  | furnishing employees to or for
other employers operating  | 
| 5 |  | under and subject to the provisions of this
Act for the  | 
| 6 |  | performance of the work of such other employers and who  | 
| 7 |  | pays
such employees their salary or wage notwithstanding  | 
| 8 |  | that they are doing
the work of such other employers shall  | 
| 9 |  | be deemed a loaning employer
within the meaning and  | 
| 10 |  | provisions of this Section.
 | 
| 11 |  |  (b) The term "employee" as used in this Act, shall be  | 
| 12 |  | construed to
mean:
 | 
| 13 |  |   1. Every person in the service of the State, county,  | 
| 14 |  | city, town,
township, incorporated village or school  | 
| 15 |  | district, body politic or
municipal corporation therein,  | 
| 16 |  | whether by election, appointment or
contract of hire,  | 
| 17 |  | express or implied, oral or written, including any
official  | 
| 18 |  | of the State, or of any county, city, town, township,
 | 
| 19 |  | incorporated village, school district, body politic or  | 
| 20 |  | municipal
corporation therein and except any duly  | 
| 21 |  | appointed member of the fire
department in any city whose  | 
| 22 |  | population exceeds 500,000 according to the
last Federal or  | 
| 23 |  | State census, and except any member of a fire insurance
 | 
| 24 |  | patrol maintained by a board of underwriters in this State.  | 
| 25 |  | One employed
by a contractor who has contracted with the  | 
| 26 |  | State, or a county, city,
town, township, incorporated  | 
|     | 
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 | 
|  | 
| 1 |  | village, school district, body politic or
municipal  | 
| 2 |  | corporation therein, through its representatives, shall  | 
| 3 |  | not be
considered as an employee of the State, county,  | 
| 4 |  | city, town, township,
incorporated village, school  | 
| 5 |  | district, body politic or municipal
corporation which made  | 
| 6 |  | the contract.
 | 
| 7 |  |   2. Every person in the service of another under any  | 
| 8 |  | contract of
hire, express or implied, oral or written, who  | 
| 9 |  | contracts an occupational
disease while working in the  | 
| 10 |  | State of Illinois, or who contracts an
occupational disease  | 
| 11 |  | while working outside of the State of Illinois but
where  | 
| 12 |  | the contract of hire is made within the State of Illinois,  | 
| 13 |  | and any
person whose employment is principally localized  | 
| 14 |  | within the State of
Illinois, regardless of the place where  | 
| 15 |  | the disease was contracted or
place where the contract of  | 
| 16 |  | hire was made, including aliens, and minors
who, for the  | 
| 17 |  | purpose of this Act, except Section 3 hereof, shall be
 | 
| 18 |  | considered the same and have the same power to contract,  | 
| 19 |  | receive
payments and give quittances therefor, as adult  | 
| 20 |  | employees. An employee
or his or her dependents under this  | 
| 21 |  | Act who shall have a cause of action
by reason of an  | 
| 22 |  | occupational disease, disablement or death arising out
of  | 
| 23 |  | and in the course of his or her employment may elect or  | 
| 24 |  | pursue
his or her remedy in the State where the disease was  | 
| 25 |  | contracted, or in the
State where the contract of hire is  | 
| 26 |  | made, or in the State where the
employment is principally  | 
|     | 
| |  |  | 10100SB0471ham001 | - 19 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | localized.
 | 
| 2 |  |  (c) "Commission" means the Illinois Workers' Compensation  | 
| 3 |  | Commission created by the
Workers' Compensation Act, approved  | 
| 4 |  | July 9, 1951, as amended.
 | 
| 5 |  |  (d) In this Act the term "Occupational Disease" means a  | 
| 6 |  | disease
arising out of and in the course of the employment or  | 
| 7 |  | which has become
aggravated and rendered disabling as a result  | 
| 8 |  | of the exposure of the
employment. Such aggravation shall arise  | 
| 9 |  | out of a risk peculiar to or
increased by the employment and  | 
| 10 |  | not common to the general public.
 | 
| 11 |  |  A disease shall be deemed to arise out of the employment if  | 
| 12 |  | there is
apparent to the rational mind, upon consideration of  | 
| 13 |  | all the
circumstances, a causal connection between the  | 
| 14 |  | conditions under which
the work is performed and the  | 
| 15 |  | occupational disease. The disease need not
to have been  | 
| 16 |  | foreseen or expected but after its contraction it must
appear  | 
| 17 |  | to have had its origin or aggravation in a risk connected with
 | 
| 18 |  | the employment and to have flowed from that source as a  | 
| 19 |  | rational
consequence.
 | 
| 20 |  |  An employee shall be conclusively deemed to have been  | 
| 21 |  | exposed to the
hazards of an occupational disease when, for any  | 
| 22 |  | length of time however
short, he or she is employed in an  | 
| 23 |  | occupation or process in which the
hazard of the disease  | 
| 24 |  | exists; provided however, that in a claim of
exposure to atomic  | 
| 25 |  | radiation, the fact of such exposure must be verified
by the  | 
| 26 |  | records of the central registry of radiation exposure  | 
|     | 
| |  |  | 10100SB0471ham001 | - 20 - | LRB101 04232 JLS 72246 a | 
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|  | 
| 1 |  | maintained
by the Department of Public Health or by some other  | 
| 2 |  | recognized
governmental agency maintaining records of such  | 
| 3 |  | exposures whenever and
to the extent that the records are on  | 
| 4 |  | file with the Department of Public
Health or the agency. | 
| 5 |  |  Any injury to or disease or death of an employee arising  | 
| 6 |  | from the administration of a vaccine, including without  | 
| 7 |  | limitation smallpox vaccine, to prepare for, or as a response  | 
| 8 |  | to, a threatened or potential bioterrorist incident to the  | 
| 9 |  | employee as part of a voluntary inoculation program in  | 
| 10 |  | connection with the person's employment or in connection with  | 
| 11 |  | any governmental program or recommendation for the inoculation  | 
| 12 |  | of workers in the employee's occupation, geographical area, or  | 
| 13 |  | other category that includes the employee is deemed to arise  | 
| 14 |  | out of and in the course of the employment for all purposes  | 
| 15 |  | under this Act. This paragraph added by Public Act 93-829 is  | 
| 16 |  | declarative of existing law and is not a new enactment.
 | 
| 17 |  |  The employer liable for the compensation in this Act  | 
| 18 |  | provided shall
be the employer in whose employment the employee  | 
| 19 |  | was last exposed to the
hazard of the occupational disease  | 
| 20 |  | claimed upon regardless of the length
of time of such last  | 
| 21 |  | exposure, except, in cases of silicosis or
asbestosis, the only  | 
| 22 |  | employer liable shall be the last employer in whose
employment  | 
| 23 |  | the employee was last exposed during a period of 60 days or
 | 
| 24 |  | more after the effective date of this Act, to the hazard of  | 
| 25 |  | such
occupational disease, and, in such cases, an exposure  | 
| 26 |  | during a period of
less than 60 days, after the effective date  | 
|     | 
| |  |  | 10100SB0471ham001 | - 21 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | of this Act, shall not be
deemed a last exposure. If a miner  | 
| 2 |  | who is suffering or suffered from
pneumoconiosis was employed  | 
| 3 |  | for 10 years or more in one or more coal
mines there shall,  | 
| 4 |  | effective July 1, 1973 be a rebuttable presumption
that his or  | 
| 5 |  | her pneumoconiosis arose out of such employment.
 | 
| 6 |  |  If a deceased miner was employed for 10 years or more in  | 
| 7 |  | one or more
coal mines and died from a respirable disease there  | 
| 8 |  | shall, effective
July 1, 1973, be a rebuttable presumption that  | 
| 9 |  | his or her death was due
to pneumoconiosis.
 | 
| 10 |  |  Any condition or impairment of health of an employee  | 
| 11 |  | employed as a
firefighter, emergency medical technician (EMT),  | 
| 12 |  | emergency medical technician-intermediate (EMT-I), advanced  | 
| 13 |  | emergency medical technician (A-EMT), or paramedic which  | 
| 14 |  | results
directly or indirectly from any bloodborne pathogen,  | 
| 15 |  | lung or respiratory
disease
or
condition, heart
or vascular  | 
| 16 |  | disease or condition, hypertension, tuberculosis, or cancer
 | 
| 17 |  | resulting
in any disability (temporary, permanent, total, or  | 
| 18 |  | partial) to the employee
shall be rebuttably presumed to arise  | 
| 19 |  | out of and in the course of the
employee's firefighting, EMT,  | 
| 20 |  | EMT-I, A-EMT, or paramedic employment and, further, shall be
 | 
| 21 |  | rebuttably presumed to be causally connected to the hazards or  | 
| 22 |  | exposures of
the employment. This presumption shall also apply  | 
| 23 |  | to any hernia or hearing
loss suffered by an employee employed  | 
| 24 |  | as a firefighter, EMT, EMT-I, A-EMT, or paramedic.
However,  | 
| 25 |  | this presumption shall not apply to any employee who has been  | 
| 26 |  | employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic for  | 
|     | 
| |  |  | 10100SB0471ham001 | - 22 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | less than 5 years at the time he or she files an Application  | 
| 2 |  | for Adjustment of Claim concerning this condition or impairment  | 
| 3 |  | with the Illinois Workers' Compensation Commission. The  | 
| 4 |  | rebuttable presumption established under this subsection,  | 
| 5 |  | however, does not apply to an emergency medical technician  | 
| 6 |  | (EMT), emergency medical technician-intermediate (EMT-I),  | 
| 7 |  | advanced emergency medical technician (A-EMT), or paramedic  | 
| 8 |  | employed by a private employer if the employee spends the  | 
| 9 |  | preponderance of his or her work time for that employer engaged  | 
| 10 |  | in medical transfers between medical care facilities or  | 
| 11 |  | non-emergency medical transfers to or from medical care  | 
| 12 |  | facilities. The changes made to this subsection by this  | 
| 13 |  | amendatory Act of the 98th General Assembly shall be narrowly  | 
| 14 |  | construed. The Finding and Decision of the Illinois Workers'  | 
| 15 |  | Compensation Commission under only the rebuttable presumption  | 
| 16 |  | provision of this paragraph shall not be admissible or be  | 
| 17 |  | deemed res judicata in any disability claim under the Illinois  | 
| 18 |  | Pension Code arising out of the same medical condition;  | 
| 19 |  | however, this sentence makes no change to the law set forth in  | 
| 20 |  | Krohe v. City of Bloomington, 204 Ill.2d 392.
 | 
| 21 |  |  The insurance carrier liable shall be the carrier whose  | 
| 22 |  | policy was in
effect covering the employer liable on the last  | 
| 23 |  | day of the exposure
rendering such employer liable in  | 
| 24 |  | accordance with the provisions of this
Act.
 | 
| 25 |  |  (e) "Disablement" means an impairment or partial  | 
| 26 |  | impairment,
temporary or permanent, in the function of the body  | 
|     | 
| |  |  | 10100SB0471ham001 | - 23 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | or any of the
members of the body, or the event of becoming  | 
| 2 |  | disabled from earning full
wages at the work in which the  | 
| 3 |  | employee was engaged when last exposed to
the hazards of the  | 
| 4 |  | occupational disease by the employer from whom he or
she claims  | 
| 5 |  | compensation, or equal wages in other suitable employment;
and  | 
| 6 |  | "disability" means the state of being so incapacitated.
 | 
| 7 |  |  (f) No compensation shall be payable for or on account of  | 
| 8 |  | any
occupational disease unless disablement, as herein  | 
| 9 |  | defined, occurs
within two years after the last day of the last  | 
| 10 |  | exposure to the hazards
of the disease, except in cases of  | 
| 11 |  | occupational disease caused by
berylliosis or by the inhalation  | 
| 12 |  | of silica dust or asbestos dust and, in
such cases, within 3  | 
| 13 |  | years after the last day of the last exposure to
the hazards of  | 
| 14 |  | such disease and except in the case of occupational
disease  | 
| 15 |  | caused by exposure to radiological materials or equipment, and
 | 
| 16 |  | in such case, within 25 years after the last day of last  | 
| 17 |  | exposure to the
hazards of such disease.
 | 
| 18 |  |  (g)(1) In any proceeding before the Commission in which the  | 
| 19 |  | employee is a COVID-19 first responder or front-line worker as  | 
| 20 |  | defined in this subsection, if the employee's injury or  | 
| 21 |  | occupational disease resulted from exposure to and contraction  | 
| 22 |  | of COVID-19, the exposure and contraction shall be rebuttably  | 
| 23 |  | presumed to have arisen out of and in the course of the  | 
| 24 |  | employee's first responder or front-line worker employment and  | 
| 25 |  | the injury or occupational disease shall be rebuttably presumed  | 
| 26 |  | to be causally connected to the hazards or exposures of the  | 
|     | 
| |  |  | 10100SB0471ham001 | - 24 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | employee's first responder or front-line worker employment. | 
| 2 |  |  (2) The term "COVID-19 first responder or front-line  | 
| 3 |  | worker" means: all individuals employed as police, fire  | 
| 4 |  | personnel, emergency medical technicians, or paramedics; all  | 
| 5 |  | individuals employed and considered as first responders; all  | 
| 6 |  | workers for health care providers, including nursing homes and  | 
| 7 |  | rehabilitation facilities and home care workers; corrections  | 
| 8 |  | officers; and any individuals employed by essential businesses  | 
| 9 |  | and operations as defined in Executive Order 2020-10 dated  | 
| 10 |  | March 20, 2020, as long as individuals employed by essential  | 
| 11 |  | businesses and operations are required by their employment to  | 
| 12 |  | encounter members of the general public or to work in  | 
| 13 |  | employment locations of more than 15 employees. For purposes of  | 
| 14 |  | this subsection only, an employee's home or place of residence  | 
| 15 |  | is not a place of employment, except for home care workers. | 
| 16 |  |  (3) The presumption created in this subsection may be  | 
| 17 |  | rebutted by evidence, including, but not limited to, the  | 
| 18 |  | following: | 
| 19 |  |   (A) the employee was working from his or her home, on  | 
| 20 |  | leave from his or her employment, or some combination  | 
| 21 |  | thereof, for a period of 14 or more consecutive days  | 
| 22 |  | immediately prior to the employee's injury, occupational  | 
| 23 |  | disease, or period of incapacity resulted from exposure to  | 
| 24 |  | COVID-19; or | 
| 25 |  |   (B) the employer was engaging in and applying to the  | 
| 26 |  | fullest extent possible or enforcing to the best of its  | 
|     | 
| |  |  | 10100SB0471ham001 | - 25 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | ability industry-specific workplace sanitation, social  | 
| 2 |  | distancing, and health and safety practices based on  | 
| 3 |  | updated guidance issued by the Centers for Disease Control  | 
| 4 |  | and Prevention or Illinois Department of Public Health or  | 
| 5 |  | was using a combination of administrative controls,  | 
| 6 |  | engineering controls, or personal protective equipment to  | 
| 7 |  | reduce the transmission of COVID-19 to all employees for at  | 
| 8 |  | least 14 consecutive days prior to the employee's injury,  | 
| 9 |  | occupational disease, or period of incapacity resulting  | 
| 10 |  | from exposure to COVID-19. For purposes of this subsection,  | 
| 11 |  | "updated" means the guidance in effect at least 14 days  | 
| 12 |  | prior to the COVID-19 diagnosis. For purposes of this  | 
| 13 |  | subsection, "personal protective equipment" means  | 
| 14 |  | industry-specific equipment worn to minimize exposure to  | 
| 15 |  | hazards that cause illnesses or serious injuries, which may  | 
| 16 |  | result from contact with biological, chemical,  | 
| 17 |  | radiological, physical, electrical, mechanical, or other  | 
| 18 |  | workplace hazards. "Personal protective equipment"  | 
| 19 |  | includes, but is not limited to, items such as face  | 
| 20 |  | coverings, gloves, safety glasses, safety face shields,  | 
| 21 |  | barriers, shoes, earplugs or muffs, hard hats,  | 
| 22 |  | respirators, coveralls, vests, and full body suits; or | 
| 23 |  |   (C) the employee was exposed to COVID-19 by an  | 
| 24 |  | alternate source. | 
| 25 |  |  (4) The rebuttable presumption created in this subsection  | 
| 26 |  | applies to all cases tried after the effective date of this  | 
|     | 
| |  |  | 10100SB0471ham001 | - 26 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | amendatory Act of the 101st General Assembly and in which the  | 
| 2 |  | diagnosis of COVID-19 was made on or after March 9, 2020 and on  | 
| 3 |  | or before December 31, 2020. | 
| 4 |  |  (5) Under no circumstances shall any COVID-19 case increase  | 
| 5 |  | or affect any employer's workers' compensation insurance  | 
| 6 |  | experience rating or modification, but COVID-19 costs may be  | 
| 7 |  | included in determining overall State loss costs. | 
| 8 |  |  (6) In order for the presumption created in this subsection  | 
| 9 |  | to apply at trial, for COVID-19 diagnoses occurring on or  | 
| 10 |  | before June 15, 2020, an employee must provide a confirmed  | 
| 11 |  | medical diagnosis by a licensed medical practitioner or a  | 
| 12 |  | positive laboratory test for COVID-19 or for COVID-19  | 
| 13 |  | antibodies; for COVID-19 diagnoses occurring after June 15,  | 
| 14 |  | 2020, an employee must provide a positive laboratory test for  | 
| 15 |  | COVID-19 or for COVID-19 antibodies. | 
| 16 |  |  (7) The presumption created in this subsection does not  | 
| 17 |  | apply if the employee's place of employment was solely the  | 
| 18 |  | employee's home or residence for a period of 14 or more  | 
| 19 |  | consecutive days immediately prior to the employee's injury,  | 
| 20 |  | occupational disease, or period of incapacity resulted from  | 
| 21 |  | exposure to COVID-19. | 
| 22 |  |  (8) The date of injury or the beginning of the employee's  | 
| 23 |  | occupational disease or period of disability is either the date  | 
| 24 |  | that the employee was unable to work due to contraction of  | 
| 25 |  | COVID-19 or was unable to work due to symptoms that were later  | 
| 26 |  | diagnosed as COVID-19, whichever came first. | 
|     | 
| |  |  | 10100SB0471ham001 | - 27 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  |  (9) An employee who contracts COVID-19, but fails to  | 
| 2 |  | establish the rebuttable presumption is not precluded from  | 
| 3 |  | filing for compensation under this Act or under the Workers'  | 
| 4 |  | Compensation Act. | 
| 5 |  |  (10) To qualify for temporary total disability benefits  | 
| 6 |  | under the presumption created in this subsection, the employee  | 
| 7 |  | must be certified for or recertified for temporary disability. | 
| 8 |  |  (11) An employer is entitled to a credit against any  | 
| 9 |  | liability for temporary total disability due to an employee as  | 
| 10 |  | a result of the employee contracting COVID-19 for (A) any sick  | 
| 11 |  | leave benefits or extended salary benefits paid to the employee  | 
| 12 |  | by the employer under Emergency Family Medical Leave Expansion  | 
| 13 |  | Act, Emergency Paid Sick Leave Act of the Families First  | 
| 14 |  | Coronavirus Response Act, or any other federal law, or (B) any  | 
| 15 |  | other credit to which an employer is entitled under the  | 
| 16 |  | Workers' Compensation Act.  | 
| 17 |  | (Source: P.A. 98-291, eff. 1-1-14; 98-973, eff. 8-15-14.)
 | 
| 18 |  |  Section 20. The Unemployment Insurance Act is amended by  | 
| 19 |  | changing Sections 401, 409, 500, 612, 1505, and 1506.6 and by  | 
| 20 |  | adding Section 1502.4 as follows: | 
| 21 |  |  (820 ILCS 405/401) (from Ch. 48, par. 401) | 
| 22 |  |  Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
 | 
| 23 |  |  A. With respect to any week beginning in a benefit year  | 
| 24 |  | beginning prior to January 4, 2004, an
individual's weekly  | 
|     | 
| |  |  | 10100SB0471ham001 | - 28 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | benefit amount shall be an amount equal to the weekly
benefit  | 
| 2 |  | amount as defined in the provisions of this Act as amended and  | 
| 3 |  | in effect on November 18, 2011.
 | 
| 4 |  |  B. 1.
With respect to any benefit year beginning on or  | 
| 5 |  | after January 4, 2004 and
before January 6, 2008, an  | 
| 6 |  | individual's weekly benefit amount shall be 48% of
his or her  | 
| 7 |  | prior average weekly wage, rounded (if not already a multiple  | 
| 8 |  | of one
dollar) to the next higher dollar; provided, however,  | 
| 9 |  | that the weekly benefit
amount cannot exceed the maximum weekly  | 
| 10 |  | benefit amount and cannot be less than
$51. Except as otherwise  | 
| 11 |  | provided in this Section, with respect to any benefit year  | 
| 12 |  | beginning on or after January 6, 2008, an
individual's weekly  | 
| 13 |  | benefit amount shall be 47% of his or her prior average
weekly  | 
| 14 |  | wage, rounded (if not already a multiple of one dollar) to the  | 
| 15 |  | next
higher dollar; provided, however, that the weekly benefit  | 
| 16 |  | amount cannot exceed
the maximum weekly benefit amount and  | 
| 17 |  | cannot be less than $51.
With respect to any benefit year  | 
| 18 |  | beginning in calendar year 2022, an individual's weekly benefit  | 
| 19 |  | amount shall be 42.4% 40.6% of his or her prior average weekly  | 
| 20 |  | wage, rounded (if not already a multiple of one dollar) to the  | 
| 21 |  | next higher dollar; provided, however, that the weekly benefit  | 
| 22 |  | amount cannot exceed the maximum weekly benefit amount and  | 
| 23 |  | cannot be less than $51. 
 | 
| 24 |  |  2. For the purposes of this subsection:
 | 
| 25 |  |  An
individual's "prior average weekly wage" means the total  | 
| 26 |  | wages for insured
work paid to that individual during the 2  | 
|     | 
| |  |  | 10100SB0471ham001 | - 29 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | calendar quarters of his base
period in which such total wages  | 
| 2 |  | were highest, divided by 26. If
the quotient is not already a  | 
| 3 |  | multiple of one dollar, it shall be
rounded to the nearest  | 
| 4 |  | dollar; however if the quotient is equally near
2 multiples of  | 
| 5 |  | one dollar, it shall be rounded to the higher multiple of
one  | 
| 6 |  | dollar.
 | 
| 7 |  |  "Determination date" means June 1 and December 1 of each  | 
| 8 |  | calendar year except that, for the purposes
of this Act only,  | 
| 9 |  | there shall be no June 1 determination date in any
year.
 | 
| 10 |  |  "Determination period" means, with respect to each June 1  | 
| 11 |  | determination
date, the 12 consecutive calendar months ending  | 
| 12 |  | on the immediately preceding
December 31 and, with respect to  | 
| 13 |  | each December 1 determination date, the
12 consecutive calendar  | 
| 14 |  | months ending on the immediately preceding June 30.
 | 
| 15 |  |  "Benefit period" means the 12 consecutive calendar month  | 
| 16 |  | period
beginning on the first day of the first calendar month  | 
| 17 |  | immediately following
a determination date, except that, with  | 
| 18 |  | respect to any calendar year
in which there is a June 1  | 
| 19 |  | determination date, "benefit period" shall mean
the 6  | 
| 20 |  | consecutive calendar month period beginning on the first day of  | 
| 21 |  | the first
calendar month immediately following the preceding  | 
| 22 |  | December 1 determination
date and the 6 consecutive calendar  | 
| 23 |  | month period beginning on the first
day of the first calendar  | 
| 24 |  | month immediately following the June 1 determination
date.
 | 
| 25 |  |  "Gross wages" means all the wages paid to individuals  | 
| 26 |  | during the
determination period immediately preceding a  | 
|     | 
| |  |  | 10100SB0471ham001 | - 30 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | determination date for
insured work, and reported to the  | 
| 2 |  | Director by employers prior to the
first day of the third  | 
| 3 |  | calendar month preceding that date.
 | 
| 4 |  |  "Covered employment" for any calendar month means the total  | 
| 5 |  | number of
individuals, as determined by the Director, engaged  | 
| 6 |  | in insured work at
mid-month.
 | 
| 7 |  |  "Average monthly covered employment" means one-twelfth of  | 
| 8 |  | the sum of
the covered employment for the 12 months of a  | 
| 9 |  | determination period.
 | 
| 10 |  |  "Statewide average annual wage" means the quotient,  | 
| 11 |  | obtained by
dividing gross wages by average monthly covered  | 
| 12 |  | employment for the same
determination period, rounded (if not  | 
| 13 |  | already a multiple of one cent) to
the nearest cent.
 | 
| 14 |  |  "Statewide average weekly wage" means the quotient,  | 
| 15 |  | obtained by
dividing the statewide average annual wage by 52,  | 
| 16 |  | rounded (if not
already a multiple of one cent) to the nearest  | 
| 17 |  | cent. Notwithstanding any provision of this Section to the  | 
| 18 |  | contrary, the statewide average weekly wage for any benefit  | 
| 19 |  | period prior to calendar year 2012 shall be as determined by  | 
| 20 |  | the provisions of this Act as amended and in effect on November  | 
| 21 |  | 18, 2011. Notwithstanding any
provisions of this Section to the  | 
| 22 |  | contrary, the statewide average weekly
wage for the benefit  | 
| 23 |  | period of calendar year 2012 shall be $856.55 and for each  | 
| 24 |  | calendar year
thereafter, the
statewide average weekly wage  | 
| 25 |  | shall be the statewide
average weekly wage, as determined in  | 
| 26 |  | accordance with
this sentence, for the immediately preceding  | 
|     | 
| |  |  | 10100SB0471ham001 | - 31 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | benefit
period plus (or minus) an amount equal to the  | 
| 2 |  | percentage
change in the statewide average weekly wage, as  | 
| 3 |  | computed
in accordance with the first sentence of this  | 
| 4 |  | paragraph,
between the 2 immediately preceding benefit  | 
| 5 |  | periods,
multiplied by the statewide average weekly wage, as
 | 
| 6 |  | determined in accordance with this sentence, for the
 | 
| 7 |  | immediately preceding benefit period.
However, for purposes of  | 
| 8 |  | the
Workers'
Compensation Act, the statewide average weekly  | 
| 9 |  | wage will be computed
using June 1 and December 1 determination  | 
| 10 |  | dates of each calendar year and
such determination shall not be  | 
| 11 |  | subject to the limitation of the statewide average weekly wage  | 
| 12 |  | as
computed in accordance with the preceding sentence of this
 | 
| 13 |  | paragraph.
 | 
| 14 |  |  With respect to any week beginning in a benefit year  | 
| 15 |  | beginning prior to January 4, 2004, "maximum weekly benefit  | 
| 16 |  | amount" with respect to each week beginning within a benefit  | 
| 17 |  | period shall be as defined in the provisions of this Act as  | 
| 18 |  | amended and in effect on November 18, 2011. 
 | 
| 19 |  |  With respect to any benefit year beginning on or after  | 
| 20 |  | January 4, 2004 and
before January 6, 2008, "maximum weekly  | 
| 21 |  | benefit amount" with respect to each
week beginning within a  | 
| 22 |  | benefit period means 48% of the statewide average
weekly wage,  | 
| 23 |  | rounded (if not already a multiple of one dollar) to the next
 | 
| 24 |  | higher dollar.
 | 
| 25 |  |  Except as otherwise provided in this Section, with respect  | 
| 26 |  | to any benefit year beginning on or after January 6, 2008,
 | 
|     | 
| |  |  | 10100SB0471ham001 | - 32 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | "maximum weekly benefit amount" with respect to each week  | 
| 2 |  | beginning within a
benefit period means 47% of the statewide  | 
| 3 |  | average weekly wage, rounded (if not
already a multiple of one  | 
| 4 |  | dollar) to the next higher dollar.
 | 
| 5 |  |  With respect to any benefit year beginning in calendar year  | 
| 6 |  | 2022, "maximum weekly benefit amount" with respect to each week  | 
| 7 |  | beginning within a benefit period means 42.4% 40.6% of the  | 
| 8 |  | statewide average weekly wage, rounded (if not already a  | 
| 9 |  | multiple of one dollar) to the next higher dollar.  | 
| 10 |  |  C. With respect to any week beginning in a benefit year  | 
| 11 |  | beginning prior to January 4, 2004, an individual's eligibility  | 
| 12 |  | for a dependent allowance with respect to a nonworking spouse  | 
| 13 |  | or one or more dependent children shall be as defined by the  | 
| 14 |  | provisions of this Act as amended and in effect on November 18,  | 
| 15 |  | 2011.
 | 
| 16 |  |  With respect to any benefit year beginning on or after  | 
| 17 |  | January 4, 2004 and
before January 6, 2008, an individual to  | 
| 18 |  | whom benefits are payable with respect
to any week shall, in  | 
| 19 |  | addition to those benefits, be paid, with respect to such
week,  | 
| 20 |  | as follows: in the case of an individual with a nonworking  | 
| 21 |  | spouse, 9% of
his or her prior average weekly wage, rounded (if  | 
| 22 |  | not already a multiple of one
dollar) to the next higher  | 
| 23 |  | dollar, provided, that the total amount payable to
the  | 
| 24 |  | individual with respect to a week shall not exceed 57% of the  | 
| 25 |  | statewide
average weekly wage, rounded (if not already a  | 
| 26 |  | multiple of one dollar) to the
next higher dollar; and in the  | 
|     | 
| |  |  | 10100SB0471ham001 | - 33 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | case of an individual with a dependent child or
dependent  | 
| 2 |  | children, 17.2% of his or her prior average weekly wage,  | 
| 3 |  | rounded (if
not already a multiple of one dollar) to the next  | 
| 4 |  | higher dollar, provided that
the total amount payable to the  | 
| 5 |  | individual with respect to a week shall not
exceed 65.2% of the  | 
| 6 |  | statewide average weekly wage, rounded (if not already a
 | 
| 7 |  | multiple of one dollar) to the next higher dollar.
 | 
| 8 |  |  With respect to any benefit year beginning on or after  | 
| 9 |  | January 6, 2008 and before January 1, 2010, an
individual to  | 
| 10 |  | whom benefits are payable with respect to any week shall, in
 | 
| 11 |  | addition to those benefits, be paid, with respect to such week,  | 
| 12 |  | as follows: in
the case of an individual with a nonworking  | 
| 13 |  | spouse, 9% of his or her prior
average weekly wage, rounded (if  | 
| 14 |  | not already a multiple of one dollar) to the
next higher  | 
| 15 |  | dollar, provided, that the total amount payable
to the  | 
| 16 |  | individual with respect to a week shall not exceed 56% of the  | 
| 17 |  | statewide
average weekly wage, rounded (if not already a  | 
| 18 |  | multiple of one dollar) to the
next higher dollar; and in the  | 
| 19 |  | case of an individual with a dependent child or
dependent  | 
| 20 |  | children, 18.2% of his or her prior average weekly wage,  | 
| 21 |  | rounded (if
not already a multiple of one dollar) to the next  | 
| 22 |  | higher dollar, provided that
the total amount payable to the  | 
| 23 |  | individual with respect to a week
shall not exceed 65.2% of the  | 
| 24 |  | statewide average weekly wage, rounded (if not
already a  | 
| 25 |  | multiple of one dollar) to the next higher dollar. | 
| 26 |  |  The additional
amount paid pursuant to this subsection in  | 
|     | 
| |  |  | 10100SB0471ham001 | - 34 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | the case of an individual with a
dependent child or dependent  | 
| 2 |  | children shall be referred to as the "dependent
child  | 
| 3 |  | allowance", and the percentage rate by which an individual's  | 
| 4 |  | prior average weekly wage is multiplied pursuant to this  | 
| 5 |  | subsection to calculate the dependent child allowance shall be  | 
| 6 |  | referred to as the "dependent child allowance rate". | 
| 7 |  |  Except as otherwise provided in this Section, with respect  | 
| 8 |  | to any benefit year beginning on or after January 1, 2010, an  | 
| 9 |  | individual to whom benefits are payable with respect to any  | 
| 10 |  | week shall, in addition to those benefits, be paid, with  | 
| 11 |  | respect to such week, as follows: in the case of an individual  | 
| 12 |  | with a nonworking spouse, the greater of (i) 9% of his or her  | 
| 13 |  | prior average weekly wage, rounded (if not already a multiple  | 
| 14 |  | of one dollar) to the next higher dollar, or (ii) $15, provided  | 
| 15 |  | that the total amount payable to the individual with respect to  | 
| 16 |  | a week shall not exceed 56% of the statewide average weekly  | 
| 17 |  | wage, rounded (if not already a multiple of one dollar) to the  | 
| 18 |  | next higher dollar; and in the case of an individual with a  | 
| 19 |  | dependent child or dependent children, the greater of (i) the  | 
| 20 |  | product of the dependent child allowance rate multiplied by his  | 
| 21 |  | or her prior average weekly wage, rounded (if not already a  | 
| 22 |  | multiple of one dollar) to the next higher dollar, or (ii) the  | 
| 23 |  | lesser of $50 or 50% of his or her weekly benefit amount,  | 
| 24 |  | rounded (if not already a multiple of one dollar) to the next  | 
| 25 |  | higher dollar, provided that the total amount payable to the  | 
| 26 |  | individual with respect to a week shall not exceed the product  | 
|     | 
| |  |  | 10100SB0471ham001 | - 35 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | of the statewide average weekly wage multiplied by the sum of  | 
| 2 |  | 47% plus the dependent child allowance rate, rounded (if not  | 
| 3 |  | already a multiple of one dollar) to the next higher dollar.  | 
| 4 |  |  With respect to any benefit year beginning in calendar year  | 
| 5 |  | 2022, an individual to whom benefits are payable with respect  | 
| 6 |  | to any week shall, in addition to those benefits, be paid, with  | 
| 7 |  | respect to such week, as follows: in the case of an individual  | 
| 8 |  | with a nonworking spouse, the greater of (i) 9% of his or her  | 
| 9 |  | prior average weekly wage, rounded (if not already a multiple  | 
| 10 |  | of one dollar) to the next higher dollar, or (ii) $15, provided  | 
| 11 |  | that the total amount payable to the individual with respect to  | 
| 12 |  | a week shall not exceed 51.4% 49.6% of the statewide average  | 
| 13 |  | weekly wage, rounded (if not already a multiple of one dollar)  | 
| 14 |  | to the next higher dollar; and in the case of an individual  | 
| 15 |  | with a dependent child or dependent children, the greater of  | 
| 16 |  | (i) the product of the dependent child allowance rate  | 
| 17 |  | multiplied by his or her prior average weekly wage, rounded (if  | 
| 18 |  | not already a multiple of one dollar) to the next higher  | 
| 19 |  | dollar, or (ii) the lesser of $50 or 50% of his or her weekly  | 
| 20 |  | benefit amount, rounded (if not already a multiple of one  | 
| 21 |  | dollar) to the next higher dollar, provided that the total  | 
| 22 |  | amount payable to the individual with respect to a week shall  | 
| 23 |  | not exceed the product of the statewide average weekly wage  | 
| 24 |  | multiplied by the sum of 42.4% 40.6% plus the dependent child  | 
| 25 |  | allowance rate, rounded (if not already a multiple of one  | 
| 26 |  | dollar) to the next higher dollar.  | 
|     | 
| |  |  | 10100SB0471ham001 | - 36 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  |  With respect to each benefit year beginning after calendar  | 
| 2 |  | year 2012, the
dependent child allowance rate shall be the sum  | 
| 3 |  | of the allowance adjustment
applicable pursuant to Section  | 
| 4 |  | 1400.1 to the calendar year in which the benefit
year begins,  | 
| 5 |  | plus the dependent child
allowance rate with respect to each  | 
| 6 |  | benefit year beginning in the immediately
preceding calendar  | 
| 7 |  | year, except as otherwise provided in this subsection. The  | 
| 8 |  | dependent
child allowance rate with respect to each benefit  | 
| 9 |  | year beginning in calendar year 2010 shall be 17.9%.
The  | 
| 10 |  | dependent child allowance rate with respect to each benefit  | 
| 11 |  | year beginning in calendar year 2011 shall be 17.4%. The  | 
| 12 |  | dependent child allowance rate with respect to each benefit  | 
| 13 |  | year beginning in calendar year 2012 shall be 17.0% and, with  | 
| 14 |  | respect to each benefit year beginning after calendar year  | 
| 15 |  | 2012, shall not be less than 17.0% or greater than 17.9%. 
 | 
| 16 |  |  For the purposes of this subsection:
 | 
| 17 |  |  "Dependent" means a child or a nonworking spouse.
 | 
| 18 |  |  "Child" means a natural child, stepchild, or adopted child  | 
| 19 |  | of an
individual claiming benefits under this Act or a child  | 
| 20 |  | who is in the
custody of any such individual by court order,  | 
| 21 |  | for whom the individual is
supplying and, for at least 90  | 
| 22 |  | consecutive days (or for the duration of
the parental  | 
| 23 |  | relationship if it has existed for less than 90 days)
 | 
| 24 |  | immediately preceding any week with respect to which the  | 
| 25 |  | individual has
filed a claim, has supplied more than one-half  | 
| 26 |  | the cost of support, or
has supplied at least 1/4 of the cost  | 
|     | 
| |  |  | 10100SB0471ham001 | - 37 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | of support if the individual and
the other parent, together,  | 
| 2 |  | are supplying and, during the aforesaid
period, have supplied  | 
| 3 |  | more than one-half the cost of support, and are,
and were  | 
| 4 |  | during the aforesaid period, members of the same household; and
 | 
| 5 |  | who, on the first day of such week (a) is under 18 years of age,  | 
| 6 |  | or (b)
is, and has been during the immediately preceding 90  | 
| 7 |  | days, unable to
work because of illness or other disability:  | 
| 8 |  | provided, that no person
who has been determined to be a child  | 
| 9 |  | of an individual who has been
allowed benefits with respect to  | 
| 10 |  | a week in the individual's benefit
year shall be deemed to be a  | 
| 11 |  | child of the other parent, and no other
person shall be  | 
| 12 |  | determined to be a child of such other parent, during
the  | 
| 13 |  | remainder of that benefit year.
 | 
| 14 |  |  "Nonworking spouse" means the lawful husband or wife of an  | 
| 15 |  | individual
claiming benefits under this Act, for whom more than  | 
| 16 |  | one-half the cost
of support has been supplied by the  | 
| 17 |  | individual for at least 90
consecutive days (or for the  | 
| 18 |  | duration of the marital relationship if it
has existed for less  | 
| 19 |  | than 90 days) immediately preceding any week with
respect to  | 
| 20 |  | which the individual has filed a claim, but only if the
 | 
| 21 |  | nonworking spouse is currently ineligible to receive benefits  | 
| 22 |  | under this
Act by reason of the provisions of Section 500E.
 | 
| 23 |  |  An individual who was obligated by law to provide for the  | 
| 24 |  | support of
a child or of a nonworking spouse for the aforesaid  | 
| 25 |  | period of 90 consecutive
days, but was prevented by illness or  | 
| 26 |  | injury from doing so, shall be deemed
to have provided more  | 
|     | 
| |  |  | 10100SB0471ham001 | - 38 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | than one-half the cost of supporting the child or
nonworking  | 
| 2 |  | spouse for that period.
 | 
| 3 |  | (Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
 | 
| 4 |  |  (820 ILCS 405/409) (from Ch. 48, par. 409)
 | 
| 5 |  |  Sec. 409. Extended Benefits. 
 | 
| 6 |  |  A. For the purposes of this Section:
 | 
| 7 |  |   1. "Extended benefit period" means a period which  | 
| 8 |  | begins with
the third week after a week for which there is  | 
| 9 |  | a State "on" indicator; and
ends with either of the  | 
| 10 |  | following weeks, whichever occurs later: (1) the
third week  | 
| 11 |  | after the first week for which there is a
State "off"  | 
| 12 |  | indicator, or (2) the thirteenth consecutive week of such
 | 
| 13 |  | period. No extended benefit period shall begin by reason of  | 
| 14 |  | a State
"on" indicator before the fourteenth week following  | 
| 15 |  | the end of a prior
extended benefit period.
 | 
| 16 |  |   2. There is a "State 'on' indicator" for a week if (a)  | 
| 17 |  | the Director
determines, in accordance with the  | 
| 18 |  | regulations of the United States
Secretary of Labor or  | 
| 19 |  | other appropriate Federal agency, that for the
period  | 
| 20 |  | consisting of such week and the immediately preceding  | 
| 21 |  | twelve
weeks, the rate of insured unemployment (not  | 
| 22 |  | seasonally adjusted) in
this State (1) equaled or exceeded  | 
| 23 |  | 5%
and equaled or exceeded 120% of the average of such  | 
| 24 |  | rates for the corresponding
13-week period ending in each  | 
| 25 |  | of the preceding 2 calendar years, or (2)
equaled or  | 
|     | 
| |  |  | 10100SB0471ham001 | - 39 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | exceeded 6 percent, or (b) the United States Secretary of  | 
| 2 |  | Labor determines that (1) the average rate of total  | 
| 3 |  | unemployment in this State (seasonally adjusted) for the  | 
| 4 |  | period consisting of the most recent 3 months for which  | 
| 5 |  | data for all states are published before the close of such  | 
| 6 |  | week equals or exceeds 6.5%, and (2) the average rate of  | 
| 7 |  | total unemployment in this State (seasonally adjusted) for  | 
| 8 |  | the 3-month period referred to in (1) equals or exceeds  | 
| 9 |  | 110% of such average rate for either (or both) of the  | 
| 10 |  | corresponding 3-month periods ending in the 2 preceding  | 
| 11 |  | calendar years. Clause (b) of this paragraph shall only  | 
| 12 |  | apply to weeks beginning on or after February 22, 2009,  | 
| 13 |  | through the end of the fourth week prior to the last week  | 
| 14 |  | for which federal sharing is provided as authorized by  | 
| 15 |  | Section 2005(a) of Public Law 111-5 without regard to  | 
| 16 |  | Section 2005(c) of Public Law 111-5 and is inoperative as  | 
| 17 |  | of the end of the last week for which federal sharing is  | 
| 18 |  | provided as authorized by Section 2005(a) of Public Law  | 
| 19 |  | 111-5 and to weeks beginning on or after March 15, 2020  | 
| 20 |  | through the end of the fourth week prior to the last week  | 
| 21 |  | for which federal sharing is provided as authorized by  | 
| 22 |  | Section 4105 of Public Law 116-127, or any amendments  | 
| 23 |  | thereto, and is inoperative as of the end of the last week  | 
| 24 |  | for which federal sharing is provided as authorized by  | 
| 25 |  | Section 4105 of Public Law 116-127, or any amendments  | 
| 26 |  | thereto.
 | 
|     | 
| |  |  | 10100SB0471ham001 | - 40 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  |   2.1. With respect to benefits for weeks of unemployment  | 
| 2 |  | beginning after December 17, 2010, and ending on or before  | 
| 3 |  | the earlier of the latest date permitted under federal law  | 
| 4 |  | or the end of the fourth week prior to the last week for  | 
| 5 |  | which federal sharing is provided as authorized by Section  | 
| 6 |  | 2005(a) of Public Law 111-5 without regard to Section  | 
| 7 |  | 2005(c) of Public Law 111-5, the determination of whether  | 
| 8 |  | there has been a State "on" indicator pursuant to paragraph  | 
| 9 |  | 2 shall be made as if, in clause (a) of paragraph 2, the  | 
| 10 |  | phrase "2 calendar years" were "3 calendar years" and as  | 
| 11 |  | if, in clause (b) of paragraph 2, the word "either" were  | 
| 12 |  | "any", the word "both" were "all", and the phrase "2  | 
| 13 |  | preceding calendar years" were "3 preceding calendar  | 
| 14 |  | years". 
 | 
| 15 |  |   3. There is a "State 'off' indicator" for a week if  | 
| 16 |  | there is not a State 'on' indicator for the week pursuant  | 
| 17 |  | to paragraph 2.
 | 
| 18 |  |   4. "Rate of insured unemployment", for the purpose of  | 
| 19 |  | paragraph
2, means the percentage derived by dividing (a)  | 
| 20 |  | the average
weekly number of individuals filing claims for  | 
| 21 |  | "regular benefits" in
this State for weeks of
unemployment  | 
| 22 |  | with respect to the most recent 13 consecutive week period,
 | 
| 23 |  | as determined by the Director on the basis of his reports  | 
| 24 |  | to the United
States Secretary of Labor or other  | 
| 25 |  | appropriate Federal agency, by (b)
the average monthly  | 
| 26 |  | employment covered under this Act for the first four
of the  | 
|     | 
| |  |  | 10100SB0471ham001 | - 41 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | most recent six completed calendar quarters ending before  | 
| 2 |  | the
close of such 13-week period.
 | 
| 3 |  |   5. "Regular benefits" means benefits, other than  | 
| 4 |  | extended benefits
and additional benefits, payable to an  | 
| 5 |  | individual (including dependents'
allowances) under this  | 
| 6 |  | Act or under any other State unemployment
compensation law  | 
| 7 |  | (including benefits payable to Federal civilian
employees  | 
| 8 |  | and ex-servicemen pursuant to 5 U.S.C. chapter 85).
 | 
| 9 |  |   6. "Extended benefits" means benefits (including  | 
| 10 |  | benefits payable to
Federal civilian employees and  | 
| 11 |  | ex-servicemen pursuant to 5 U.S.C.
chapter 85) payable to  | 
| 12 |  | an individual under the provisions of this
Section for  | 
| 13 |  | weeks which begin in his eligibility period.
 | 
| 14 |  |   7. "Additional benefits" means benefits totally  | 
| 15 |  | financed by a State
and payable to exhaustees (as defined  | 
| 16 |  | in subsection C) by reason of
conditions of high  | 
| 17 |  | unemployment or by reason of other specified factors.
If an  | 
| 18 |  | individual is eligible to receive extended benefits under  | 
| 19 |  | the
provisions of this Section and is eligible to receive  | 
| 20 |  | additional
benefits with respect to the same week under the  | 
| 21 |  | law of another State,
he may elect to claim either extended  | 
| 22 |  | benefits or additional benefits
with respect to the week.
 | 
| 23 |  |   8. "Eligibility period" means the period consisting of  | 
| 24 |  | the weeks in
an individual's benefit year which begin in an  | 
| 25 |  | extended benefit period
and, if his benefit year ends  | 
| 26 |  | within such extended benefit period, any
weeks thereafter  | 
|     | 
| |  |  | 10100SB0471ham001 | - 42 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | which begin in such period. An individual's eligibility  | 
| 2 |  | period shall also include such other weeks as federal law  | 
| 3 |  | may allow. 
 | 
| 4 |  |   9. Notwithstanding any other provision to the  | 
| 5 |  | contrary, no employer shall be liable for payments in lieu  | 
| 6 |  | of contributions pursuant to Section 1404, by reason of the  | 
| 7 |  | payment of extended
benefits which are wholly reimbursed to  | 
| 8 |  | this State by the Federal Government or would have been  | 
| 9 |  | wholly reimbursed to this State by the Federal Government  | 
| 10 |  | if the employer had paid all of the claimant's wages during  | 
| 11 |  | the applicable base period.
Extended benefits shall not  | 
| 12 |  | become benefit
charges under Section 1501.1 if they are  | 
| 13 |  | wholly reimbursed to this State by the Federal Government  | 
| 14 |  | or would have been wholly reimbursed to this State by the  | 
| 15 |  | Federal Government if the employer had paid all of the  | 
| 16 |  | claimant's wages during the applicable base period. For  | 
| 17 |  | purposes of this paragraph, extended benefits will be  | 
| 18 |  | considered to be wholly reimbursed by the Federal  | 
| 19 |  | Government notwithstanding the operation of Section  | 
| 20 |  | 204(a)(2)(D) of the Federal-State Extended Unemployment  | 
| 21 |  | Compensation Act of 1970.
 | 
| 22 |  |  B. An individual shall be eligible to receive extended  | 
| 23 |  | benefits
pursuant to this Section for any week which begins in  | 
| 24 |  | his eligibility
period if, with respect to such week (1) he has  | 
| 25 |  | been paid wages for insured
work during his base period equal  | 
| 26 |  | to at least 1 1/2 times the wages paid
in that calendar quarter  | 
|     | 
| |  |  | 10100SB0471ham001 | - 43 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | of his base period in which such wages were highest; (2) he has  | 
| 2 |  | met the requirements of Section 500E
of this Act; (3) he is an  | 
| 3 |  | exhaustee; and (4) except when the result
would be inconsistent  | 
| 4 |  | with the provisions of this
Section, he has satisfied the  | 
| 5 |  | requirements of this Act for the receipt
of regular benefits.
 | 
| 6 |  |  C. An individual is an exhaustee with respect to a week  | 
| 7 |  | which begins
in his eligibility period if:
 | 
| 8 |  |   1. Prior to such week (a) he has received, with respect  | 
| 9 |  | to his
current benefit year that includes such week, the  | 
| 10 |  | maximum total amount
of benefits to which he was entitled  | 
| 11 |  | under the provisions of Section
403B, and all of the  | 
| 12 |  | regular benefits (including dependents' allowances)
to  | 
| 13 |  | which he had entitlement (if any) on the basis of wages or  | 
| 14 |  | employment
under any other State unemployment compensation  | 
| 15 |  | law; or (b) he has
received all the regular benefits  | 
| 16 |  | available to him with respect to his
current benefit year  | 
| 17 |  | that includes such week, under this Act and under
any other  | 
| 18 |  | State unemployment compensation law, after a cancellation  | 
| 19 |  | of
some or all of his wage credits or the partial or total  | 
| 20 |  | reduction of his
regular benefit rights; or (c) his benefit  | 
| 21 |  | year terminated, and he
cannot meet the qualifying wage  | 
| 22 |  | requirements of Section 500E of this Act
or the qualifying  | 
| 23 |  | wage or employment requirements of any other State
 | 
| 24 |  | unemployment compensation law to establish a new benefit  | 
| 25 |  | year which
would include such week or, having established a  | 
| 26 |  | new benefit year that
includes such week, he is ineligible  | 
|     | 
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 | 
|  | 
| 1 |  | for regular benefits by reason of
Section 607 of this Act  | 
| 2 |  | or a like provision of any other State
unemployment  | 
| 3 |  | compensation law; and
 | 
| 4 |  |   2. For such week (a) he has no right to benefits or  | 
| 5 |  | allowances, as
the case may be, under the Railroad  | 
| 6 |  | Unemployment Insurance Act, or such other
Federal laws as  | 
| 7 |  | are specified in regulations of the United States
Secretary  | 
| 8 |  | of Labor or other appropriate Federal agency; and (b) he  | 
| 9 |  | has
not received and is not seeking benefits under the  | 
| 10 |  | unemployment
compensation law of Canada, except that if he
 | 
| 11 |  | is seeking such benefits and the appropriate agency finally  | 
| 12 |  | determines
that he is not entitled to benefits under such  | 
| 13 |  | law, this clause shall
not apply.
 | 
| 14 |  |   3. For the purposes of clauses (a) and (b) of paragraph  | 
| 15 |  | 1 of this
subsection, an individual shall be deemed to have  | 
| 16 |  | received, with respect
to his current benefit year, the  | 
| 17 |  | maximum total amount of benefits to
which he was entitled  | 
| 18 |  | or all of the regular benefits to which he had
entitlement,  | 
| 19 |  | or all of the regular benefits available to him, as the
 | 
| 20 |  | case may be, even though (a) as a result of a pending  | 
| 21 |  | reconsideration or
appeal with respect to the "finding"  | 
| 22 |  | defined in Section 701, or of a
pending appeal with respect  | 
| 23 |  | to wages or employment or both under any
other State  | 
| 24 |  | unemployment compensation law, he may subsequently be
 | 
| 25 |  | determined to be entitled to more regular benefits; or (b)  | 
| 26 |  | by reason of
a seasonality provision in a State  | 
|     | 
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|  | 
| 1 |  | unemployment compensation law which
establishes the weeks  | 
| 2 |  | of the year for which regular benefits may be paid
to  | 
| 3 |  | individuals on the basis of wages in seasonal employment he  | 
| 4 |  | may be
entitled to regular benefits for future weeks but  | 
| 5 |  | such benefits are not
payable with respect to the week for  | 
| 6 |  | which he is claiming extended
benefits, provided that he is  | 
| 7 |  | otherwise an exhaustee under the
provisions of this  | 
| 8 |  | subsection with respect to his rights to regular
benefits,  | 
| 9 |  | under such seasonality provision, during the portion of the
 | 
| 10 |  | year in which that week occurs; or (c) having established a  | 
| 11 |  | benefit
year, no regular benefits are payable to him with  | 
| 12 |  | respect to such year
because his wage credits were  | 
| 13 |  | cancelled or his rights to regular
benefits were totally  | 
| 14 |  | reduced by reason of the application of a
disqualification  | 
| 15 |  | provision of a State unemployment compensation law.
 | 
| 16 |  |  D. 1. The provisions of Section 607 and the waiting period
 | 
| 17 |  | requirements of Section 500D shall not be applicable to any  | 
| 18 |  | week with
respect to which benefits are otherwise payable  | 
| 19 |  | under this Section.
 | 
| 20 |  |   2. An individual shall not cease to be an exhaustee  | 
| 21 |  | with respect to
any week solely because he meets the  | 
| 22 |  | qualifying wage requirements of
Section 500E for a part of  | 
| 23 |  | such week.
 | 
| 24 |  |  E. With respect to any week which begins in his eligibility  | 
| 25 |  | period,
an exhaustee's "weekly extended benefit amount" shall  | 
| 26 |  | be the same as his
weekly benefit amount during his benefit  | 
|     | 
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 | 
|  | 
| 1 |  | year which includes such week or, if
such week is not in a  | 
| 2 |  | benefit year, during his applicable
benefit year, as defined in  | 
| 3 |  | regulations issued by the United States
Secretary of Labor or  | 
| 4 |  | other appropriate Federal agency. If the exhaustee
had more  | 
| 5 |  | than one weekly benefit amount during
his benefit year, his  | 
| 6 |  | weekly extended benefit amount with respect to
such week shall  | 
| 7 |  | be the latest of such weekly benefit amounts.
 | 
| 8 |  |  F. 1. An eligible exhaustee shall be entitled, during any  | 
| 9 |  | eligibility
period, to a maximum total amount of extended  | 
| 10 |  | benefits equal to the
lesser of the following amounts, not  | 
| 11 |  | including any Federal Pandemic Unemployment Compensation  | 
| 12 |  | amounts provided for in Section 2104 of Public Law 116-136:
 | 
| 13 |  |   a. Fifty percent of the maximum total amount of  | 
| 14 |  | benefits to which he
was entitled under Section 403B during  | 
| 15 |  | his applicable benefit year;
 | 
| 16 |  |   b. Thirteen times his weekly extended benefit amount as  | 
| 17 |  | determined
under subsection E; or
 | 
| 18 |  |   c. Thirty-nine times his or her average weekly extended  | 
| 19 |  | benefit amount, reduced by the regular benefits (not  | 
| 20 |  | including any dependents' allowances) paid to him or her  | 
| 21 |  | during such benefit year.  | 
| 22 |  |  2. An eligible exhaustee shall be entitled, during a "high  | 
| 23 |  | unemployment period", to a maximum total amount of extended  | 
| 24 |  | benefits equal to the lesser of the following amounts: | 
| 25 |  |   a. Eighty percent of the maximum total amount of  | 
| 26 |  | benefits to which he or she was entitled under Section 403B  | 
|     | 
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 | 
|  | 
| 1 |  | during his or her applicable benefit year; | 
| 2 |  |   b. Twenty times his or her weekly extended benefit  | 
| 3 |  | amount as determined under subsection E; or | 
| 4 |  |   c. Forty-six times his or her average weekly extended  | 
| 5 |  | benefit amount, reduced by the regular benefits (not  | 
| 6 |  | including any dependents' allowances) paid to him or her  | 
| 7 |  | during such benefit year. | 
| 8 |  |  For purposes of this paragraph, the term "high unemployment  | 
| 9 |  | period" means any period during which (i) clause (b) of  | 
| 10 |  | paragraph (2) of subsection A is operative and (ii) an extended  | 
| 11 |  | benefit period would be in effect if clause (b) of paragraph  | 
| 12 |  | (2) of subsection A of this Section were applied by  | 
| 13 |  | substituting "8%" for "6.5%". 
 | 
| 14 |  |  3. Notwithstanding paragraphs 1 and 2 of this subsection F,  | 
| 15 |  | and if
the benefit year of an individual ends within an  | 
| 16 |  | extended benefit period,
the remaining balance of extended  | 
| 17 |  | benefits that the individual would, but
for this subsection F,  | 
| 18 |  | be otherwise entitled to receive in that extended
benefit  | 
| 19 |  | period, for weeks of unemployment beginning after the end of  | 
| 20 |  | the
benefit year, shall be reduced (but not below zero) by the  | 
| 21 |  | product of the
number of weeks for which the individual  | 
| 22 |  | received any amounts as trade
readjustment allowances as  | 
| 23 |  | defined in the federal Trade Act of 1974 within
that benefit  | 
| 24 |  | year multiplied by his weekly benefit amount for extended
 | 
| 25 |  | benefits.
 | 
| 26 |  |  G. 1. A claims adjudicator shall examine the first claim  | 
|     | 
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 | 
|  | 
| 1 |  | filed by
an individual with respect to his eligibility  | 
| 2 |  | period and, on the basis
of the information in his  | 
| 3 |  | possession, shall make an "extended benefits
finding".  | 
| 4 |  | Such finding shall state whether or not the individual has  | 
| 5 |  | met
the requirement of subsection B(1), is an
exhaustee  | 
| 6 |  | and, if he is, his weekly extended benefit amount and the
 | 
| 7 |  | maximum total amount of extended benefits to which he is  | 
| 8 |  | entitled. The
claims adjudicator shall promptly notify the  | 
| 9 |  | individual of his "extended
benefits finding", and shall  | 
| 10 |  | promptly notify the individual's most
recent employing  | 
| 11 |  | unit and the individual's last employer (referred to in  | 
| 12 |  | Section
1502.1) that the individual has filed a claim for  | 
| 13 |  | extended benefits. The
claims adjudicator may reconsider  | 
| 14 |  | his "extended benefits finding" at any time
within one year  | 
| 15 |  | after the close of the individual's eligibility period, and
 | 
| 16 |  | shall promptly notify the individual of such reconsidered  | 
| 17 |  | finding. All of the
provisions of this Act applicable to  | 
| 18 |  | reviews from findings or reconsidered
findings made  | 
| 19 |  | pursuant to Sections 701 and 703 which are not inconsistent  | 
| 20 |  | with
the provisions of this subsection shall be applicable  | 
| 21 |  | to reviews from extended
benefits findings and  | 
| 22 |  | reconsidered extended benefits findings.
 | 
| 23 |  |   2. If, pursuant to the reconsideration or appeal with  | 
| 24 |  | respect to a
"finding", referred to in paragraph 3 of  | 
| 25 |  | subsection C, an exhaustee is
found to be entitled to more  | 
| 26 |  | regular benefits and, by reason thereof, is
entitled to  | 
|     | 
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 | 
|  | 
| 1 |  | more extended benefits, the claims adjudicator shall make a
 | 
| 2 |  | reconsidered extended benefits finding and shall promptly  | 
| 3 |  | notify the
exhaustee thereof.
 | 
| 4 |  |  H. Whenever an extended benefit period is to begin in this  | 
| 5 |  | State because
there is a State "on" indicator, or whenever an  | 
| 6 |  | extended benefit period is to
end in this State because there  | 
| 7 |  | is a State "off" indicator, the Director shall
make an  | 
| 8 |  | appropriate public announcement.
 | 
| 9 |  |  I. Computations required by the provisions of paragraph 4  | 
| 10 |  | of subsection A
shall be made by the Director in accordance  | 
| 11 |  | with regulations prescribed by the
United States Secretary of  | 
| 12 |  | Labor, or other appropriate Federal agency.
 | 
| 13 |  |  J. 1. Interstate Benefit Payment Plan means the plan  | 
| 14 |  | approved by
the Interstate Conference of Employment  | 
| 15 |  | Security Agencies under which benefits
shall be payable to  | 
| 16 |  | unemployed individuals absent from the state (or states)
in  | 
| 17 |  | which benefit credits have been accumulated.
 | 
| 18 |  |   2. An individual who commutes from his state of  | 
| 19 |  | residence to work in
another state and continues to reside  | 
| 20 |  | in such state of residence while filing
his claim for  | 
| 21 |  | unemployment insurance under this Section of the Act shall  | 
| 22 |  | not be
considered filing a claim under the Interstate  | 
| 23 |  | Benefit Payment Plan so long as
he files his claim in and  | 
| 24 |  | continues to report to the employment office under
the  | 
| 25 |  | regulations applicable to intrastate claimants in the  | 
| 26 |  | state in which he was
so employed.
 | 
|     | 
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|  | 
| 1 |  |   3. "State" when used in this subsection includes States  | 
| 2 |  | of the United
States of America, the District of Columbia,  | 
| 3 |  | Puerto Rico and the Virgin
Islands. For purposes of this  | 
| 4 |  | subsection, the term "state" shall also be
construed to  | 
| 5 |  | include Canada.
 | 
| 6 |  |   4. Notwithstanding any other provision of this Act, an  | 
| 7 |  | individual shall be eligible for a
maximum of 2 weeks of  | 
| 8 |  | benefits payable under this Section after he files
his  | 
| 9 |  | initial claim for extended benefits in an extended benefit  | 
| 10 |  | period, as
defined in paragraph 1 of subsection A, under  | 
| 11 |  | the Interstate Benefit Payment
Plan unless there also  | 
| 12 |  | exists an extended benefit period, as defined in
paragraph  | 
| 13 |  | 1 of subsection A, in the state where such claim is filed.  | 
| 14 |  | Such
maximum eligibility shall continue as long as the  | 
| 15 |  | individual continues to
file his claim under the Interstate  | 
| 16 |  | Benefit Payment Plan, notwithstanding
that the individual  | 
| 17 |  | moves to another state where an extended benefit period
 | 
| 18 |  | exists and files for weeks prior to his initial Interstate  | 
| 19 |  | claim in that state.
 | 
| 20 |  |   5. To assure full tax credit to the employers of this  | 
| 21 |  | state against the
tax imposed by the Federal Unemployment  | 
| 22 |  | Tax Act, the Director shall take
any action or issue any  | 
| 23 |  | regulations necessary in the administration of this
 | 
| 24 |  | subsection to insure that its provisions are so interpreted  | 
| 25 |  | and applied
as to meet the requirements of such Federal Act  | 
| 26 |  | as interpreted by the United
States Secretary of Labor or  | 
|     | 
| |  |  | 10100SB0471ham001 | - 51 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | other appropriate Federal agency.
 | 
| 2 |  |  K. 1. Notwithstanding any other provisions of this Act, an  | 
| 3 |  | individual
shall be ineligible for the payment of extended  | 
| 4 |  | benefits for any week of
unemployment in his eligibility  | 
| 5 |  | period if the Director finds that during such
period:
 | 
| 6 |  |    a. he failed to accept any offer of suitable work  | 
| 7 |  | (as defined in
paragraph 3 below) or failed to apply  | 
| 8 |  | for any suitable work to which he was
referred by the  | 
| 9 |  | Director; or
 | 
| 10 |  |    b. he failed to actively engage in seeking work as  | 
| 11 |  | prescribed under
paragraph 5 below.
 | 
| 12 |  |   2. Any individual who has been found ineligible for  | 
| 13 |  | extended benefits
by reason of the provisions of paragraph  | 
| 14 |  | 1 of this subsection shall be denied
benefits beginning  | 
| 15 |  | with the first day of the week in which such failure
has  | 
| 16 |  | occurred and until he has been employed in each of 4  | 
| 17 |  | subsequent weeks
(whether or not consecutive) and has  | 
| 18 |  | earned remuneration equal to at least
4 times his weekly  | 
| 19 |  | benefit amount.
 | 
| 20 |  |   3. For purposes of this subsection only, the term  | 
| 21 |  | "suitable work" means,
with respect to any individual, any  | 
| 22 |  | work which is within such individual's
capabilities,  | 
| 23 |  | provided, however, that the gross average weekly  | 
| 24 |  | remuneration
payable for the work:
 | 
| 25 |  |    a. must exceed the sum of (i) the individual's  | 
| 26 |  | extended weekly benefit amount as determined under
 | 
|     | 
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 | 
|  | 
| 1 |  | subsection E above plus
(ii) the amount, if any, of  | 
| 2 |  | supplemental unemployment benefits (as defined
in  | 
| 3 |  | Section 501(c)(17)(D) of the Internal Revenue Code of  | 
| 4 |  | 1954) payable to
such individual for such week; and  | 
| 5 |  | further,
 | 
| 6 |  |    b. is not less than the higher of --
 | 
| 7 |  |     (i) the minimum wage provided by Section 6  | 
| 8 |  | (a)(1) of the Fair Labor
Standards Act of 1938,  | 
| 9 |  | without regard to any exemption; or
 | 
| 10 |  |     (ii) the applicable state or local minimum  | 
| 11 |  | wage;
 | 
| 12 |  |    c. provided, however, that no individual shall be  | 
| 13 |  | denied extended
benefits for failure to accept an offer  | 
| 14 |  | of or apply for any job which meets the
definition of  | 
| 15 |  | suitability as described above if:
 | 
| 16 |  |     (i) the position was not offered to such  | 
| 17 |  | individual in writing or was
not listed with the  | 
| 18 |  | employment service;
 | 
| 19 |  |     (ii) such failure could not result in a denial  | 
| 20 |  | of benefits under the
definition of suitable work  | 
| 21 |  | for regular benefits claimants in Section 603
to  | 
| 22 |  | the extent that the criteria of suitability in that  | 
| 23 |  | Section are not
inconsistent with the provisions  | 
| 24 |  | of this paragraph 3;
 | 
| 25 |  |     (iii) the individual furnishes satisfactory  | 
| 26 |  | evidence to the Director
that his prospects for  | 
|     | 
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 | 
|  | 
| 1 |  | obtaining work in his customary occupation within  | 
| 2 |  | a
reasonably short period are good. If such  | 
| 3 |  | evidence is deemed satisfactory
for this purpose,  | 
| 4 |  | the determination of whether any work is suitable  | 
| 5 |  | with
respect to such individual shall be made in  | 
| 6 |  | accordance with the definition
of suitable work  | 
| 7 |  | for regular benefits in Section 603 without regard  | 
| 8 |  | to the
definition specified by this paragraph.
 | 
| 9 |  |   4. Notwithstanding the provisions of paragraph 3 to the  | 
| 10 |  | contrary, no work
shall be deemed to be suitable work for  | 
| 11 |  | an individual which does not accord
with the labor standard  | 
| 12 |  | provisions required by Section 3304(a)(5) of the
Internal  | 
| 13 |  | Revenue Code of 1954 and set forth herein under Section 603  | 
| 14 |  | of this
Act.
 | 
| 15 |  |   5. For the purposes of subparagraph b of paragraph 1,  | 
| 16 |  | an individual shall
be treated as actively engaged in  | 
| 17 |  | seeking work during any week if --
 | 
| 18 |  |    a. the individual has engaged in a systematic and  | 
| 19 |  | sustained effort to
obtain work during such week, and
 | 
| 20 |  |    b. the individual furnishes tangible evidence that  | 
| 21 |  | he has engaged in
such effort during such week.
 | 
| 22 |  |   6. The employment service shall refer any individual  | 
| 23 |  | entitled to extended
benefits under this Act to any  | 
| 24 |  | suitable work which meets the criteria
prescribed in  | 
| 25 |  | paragraph 3.
 | 
| 26 |  |   7. Notwithstanding any other provision of this Act, an  | 
|     | 
| |  |  | 10100SB0471ham001 | - 54 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | individual shall
not be eligible to receive extended  | 
| 2 |  | benefits, otherwise payable under this
Section, with  | 
| 3 |  | respect to any week of unemployment in his eligibility  | 
| 4 |  | period
if such individual has been held ineligible for  | 
| 5 |  | benefits under the provisions
of Sections 601, 602 or 603  | 
| 6 |  | of this Act until such individual had requalified
for such  | 
| 7 |  | benefits by returning to employment and satisfying the  | 
| 8 |  | monetary
requalification provision by earning at least his  | 
| 9 |  | weekly benefit amount.
 | 
| 10 |  |   8. In response to the COVID-19 public health emergency,  | 
| 11 |  | the Director may prescribe such rules as allowed by federal  | 
| 12 |  | law limiting the work search requirements under subsection  | 
| 13 |  | K.  | 
| 14 |  |  L. The Governor may, if federal law so allows, elect, in  | 
| 15 |  | writing, to pay individuals, otherwise eligible for extended  | 
| 16 |  | benefits pursuant to this Section, any other federally funded  | 
| 17 |  | unemployment benefits, including but not limited to benefits  | 
| 18 |  | payable pursuant to the federal Supplemental Appropriations  | 
| 19 |  | Act, 2008, as amended, and Public Law 116-136, prior to paying  | 
| 20 |  | them benefits under this Section. | 
| 21 |  |  M. The provisions of this Section, as revised by this  | 
| 22 |  | amendatory Act of the 96th General Assembly, are retroactive to  | 
| 23 |  | February 22, 2009. The provisions of this amendatory Act of the  | 
| 24 |  | 96th General Assembly with regard to subsection L and paragraph  | 
| 25 |  | 8 of subsection A clarify authority already provided.  | 
| 26 |  |  N. The provisions of this Section, as revised by this  | 
|     | 
| |  |  | 10100SB0471ham001 | - 55 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | amendatory Act of the 101st General Assembly, are retroactive  | 
| 2 |  | to March 15, 2020.  | 
| 3 |  | (Source: P.A. 96-30, eff. 6-30-09; 97-1, eff. 3-31-11.)
 | 
| 4 |  |  (820 ILCS 405/500) (from Ch. 48, par. 420)
 | 
| 5 |  |  Sec. 500. Eligibility for benefits. An unemployed  | 
| 6 |  | individual shall
be eligible to receive benefits with respect  | 
| 7 |  | to any week only if the
Director finds that:
 | 
| 8 |  |   A. He has registered for work at and thereafter has  | 
| 9 |  | continued to
report at an employment office in accordance  | 
| 10 |  | with such regulations as
the Director may prescribe, except  | 
| 11 |  | that the Director may, by regulation,
waive or alter either  | 
| 12 |  | or both of the requirements of this subsection as
to  | 
| 13 |  | individuals attached to regular jobs, and as to such other  | 
| 14 |  | types of
cases or situations with respect to which he finds  | 
| 15 |  | that compliance with
such requirements would be oppressive  | 
| 16 |  | or inconsistent with the purposes
of this Act, provided  | 
| 17 |  | that no such regulation shall conflict with
Section 400 of  | 
| 18 |  | this Act.
 | 
| 19 |  |   B. He has made a claim for benefits with respect to  | 
| 20 |  | such week in
accordance with such regulations as the  | 
| 21 |  | Director may prescribe.
 | 
| 22 |  |   C. He is able to work, and is available for work;  | 
| 23 |  | provided that
during the period in question he was actively  | 
| 24 |  | seeking work and he has
certified such. Whenever requested  | 
| 25 |  | to do so by the Director, the individual
shall, in the  | 
|     | 
| |  |  | 10100SB0471ham001 | - 56 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | manner the Director prescribes by regulation, inform the
 | 
| 2 |  | Department of the places at
which he has sought work during  | 
| 3 |  | the period in question.
Nothing in this subsection shall  | 
| 4 |  | limit
the Director's approval of alternate methods of  | 
| 5 |  | demonstrating an active
search for work
based on regular  | 
| 6 |  | reporting to a trade union office.
 | 
| 7 |  |    1. If an otherwise eligible individual is unable to  | 
| 8 |  | work or is
unavailable for work on any normal workday  | 
| 9 |  | of the week, he shall be
eligible to receive benefits  | 
| 10 |  | with respect to such week reduced by
one-fifth of his  | 
| 11 |  | weekly benefit amount for each day of such inability to
 | 
| 12 |  | work or unavailability for work. For the purposes of  | 
| 13 |  | this paragraph, an
individual who reports on a day  | 
| 14 |  | subsequent to his designated report day
shall be deemed  | 
| 15 |  | unavailable for work on his report day if his failure  | 
| 16 |  | to
report on that day is without good cause, and on  | 
| 17 |  | each intervening day,
if any, on which his failure to  | 
| 18 |  | report is without good cause. As used
in the preceding  | 
| 19 |  | sentence, "report day" means the day which has been
 | 
| 20 |  | designated for the individual to report to file his  | 
| 21 |  | claim for benefits
with respect to any week. This  | 
| 22 |  | paragraph shall not be construed so as
to effect any  | 
| 23 |  | change in the status of part-time workers as defined in
 | 
| 24 |  | Section 407.
 | 
| 25 |  |    2. An individual shall be considered to be  | 
| 26 |  | unavailable for work on
days listed as whole holidays  | 
|     | 
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 | 
|  | 
| 1 |  | in "An Act to revise the law in relation
to promissory  | 
| 2 |  | notes, bonds, due bills and other instruments in  | 
| 3 |  | writing,"
approved March 18, 1874, as amended; on days  | 
| 4 |  | which are holidays in his
religion or faith, and on  | 
| 5 |  | days which are holidays according to the
custom of his  | 
| 6 |  | trade or occupation, if his failure to work on such day  | 
| 7 |  | is
a result of the holiday. In determining the  | 
| 8 |  | claimant's eligibility for
benefits and the amount to  | 
| 9 |  | be paid him, with respect to the week in
which such  | 
| 10 |  | holiday occurs, he shall have attributed to him as  | 
| 11 |  | additional
earnings for that week an amount equal to  | 
| 12 |  | one-fifth of his weekly
benefit amount for each normal  | 
| 13 |  | work day on which he does not work
because of a holiday  | 
| 14 |  | of the type above enumerated.
 | 
| 15 |  |    3. An individual shall be deemed unavailable for  | 
| 16 |  | work if, after his
separation from his most recent  | 
| 17 |  | employing unit, he has removed himself
to and remains  | 
| 18 |  | in a locality where opportunities for work are
 | 
| 19 |  | substantially less favorable than those in the  | 
| 20 |  | locality he has left.
 | 
| 21 |  |    4. An individual shall be deemed unavailable for  | 
| 22 |  | work with respect
to any week which occurs in a period  | 
| 23 |  | when his principal occupation is
that of a student in  | 
| 24 |  | attendance at, or on vacation from, a public or
private  | 
| 25 |  | school.
 | 
| 26 |  |    5. Notwithstanding any other provisions of this  | 
|     | 
| |  |  | 10100SB0471ham001 | - 58 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | Act, an individual
shall not be deemed unavailable for  | 
| 2 |  | work or to have failed actively to
seek work, nor shall  | 
| 3 |  | he be ineligible for benefits by reason of the
 | 
| 4 |  | application of the provisions of Section 603, with  | 
| 5 |  | respect to any week,
because he is enrolled in and is  | 
| 6 |  | in regular attendance at a training
course approved for  | 
| 7 |  | him by the Director:
 | 
| 8 |  |     (a) but only if, with respect to
that week, the  | 
| 9 |  | individual presents,
upon request,
to the claims  | 
| 10 |  | adjudicator referred to
in Section 702 a statement  | 
| 11 |  | executed by a responsible person connected
with  | 
| 12 |  | the training course, certifying that the  | 
| 13 |  | individual was in
full-time attendance at such  | 
| 14 |  | course during the week. The Director may
approve  | 
| 15 |  | such course for an individual only if he finds that  | 
| 16 |  | (1)
reasonable work opportunities for which the  | 
| 17 |  | individual is fitted by
training and experience do  | 
| 18 |  | not exist in his locality; (2) the training course
 | 
| 19 |  | relates to an occupation or skill for which there  | 
| 20 |  | are, or are
expected to be in the immediate future,  | 
| 21 |  | reasonable work opportunities in
his locality; (3)  | 
| 22 |  | the training course is offered by a competent and
 | 
| 23 |  | reliable agency, educational institution, or  | 
| 24 |  | employing unit; (4)
the individual has the  | 
| 25 |  | required qualifications and aptitudes to complete  | 
| 26 |  | the
course successfully; and (5) the individual is  | 
|     | 
| |  |  | 10100SB0471ham001 | - 59 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | not receiving and is not
eligible (other than  | 
| 2 |  | because he has claimed benefits under this Act) for
 | 
| 3 |  | subsistence payments or similar assistance under  | 
| 4 |  | any public or private
retraining program:  | 
| 5 |  | Provided, that the Director shall not disapprove
 | 
| 6 |  | such course solely by reason of clause (5) if the  | 
| 7 |  | subsistence payment or
similar assistance is  | 
| 8 |  | subject to reduction by an amount equal to any
 | 
| 9 |  | benefits payable to the individual under this Act  | 
| 10 |  | in the absence of the
clause. In the event that an  | 
| 11 |  | individual's weekly unemployment
compensation  | 
| 12 |  | benefit is less than his certified training  | 
| 13 |  | allowance, that
person shall be eligible to  | 
| 14 |  | receive his entire unemployment compensation
 | 
| 15 |  | benefits, plus such supplemental training  | 
| 16 |  | allowances that would make an
applicant's total  | 
| 17 |  | weekly benefit identical to the original certified
 | 
| 18 |  | training allowance.
 | 
| 19 |  |     (b) The Director shall have the authority to  | 
| 20 |  | grant approval pursuant to
subparagraph (a) above  | 
| 21 |  | prior to an individual's formal admission into a
 | 
| 22 |  | training course. Requests for approval shall not  | 
| 23 |  | be made more than 30 days
prior to the actual  | 
| 24 |  | starting date of such course. Requests shall be  | 
| 25 |  | made
at the appropriate unemployment office.
 | 
| 26 |  |     (c) The Director shall for purposes of  | 
|     | 
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|  | 
| 1 |  | paragraph C have the authority
to issue a blanket  | 
| 2 |  | approval of training programs implemented pursuant  | 
| 3 |  | to
the federal Workforce
Innovation and  | 
| 4 |  | Opportunity Act if both the training program and  | 
| 5 |  | the criteria for an individual's
participation in  | 
| 6 |  | such training meet the requirements of this  | 
| 7 |  | paragraph C.
 | 
| 8 |  |     (d) Notwithstanding the requirements of  | 
| 9 |  | subparagraph (a), the Director
shall have the  | 
| 10 |  | authority to issue blanket approval of training  | 
| 11 |  | programs
implemented under the terms of a  | 
| 12 |  | collective bargaining agreement.
 | 
| 13 |  |    6. Notwithstanding any other provisions of this  | 
| 14 |  | Act, an individual shall
not be deemed unavailable for  | 
| 15 |  | work or to have failed actively to seek work,
nor shall  | 
| 16 |  | he be ineligible for benefits, by reason of the  | 
| 17 |  | application of
the provisions of Section 603 with  | 
| 18 |  | respect to any week because he is in
training approved  | 
| 19 |  | under Section 236 (a)(1) of the federal Trade Act of  | 
| 20 |  | 1974,
nor shall an individual be ineligible for  | 
| 21 |  | benefits under the provisions
of Section 601 by reason  | 
| 22 |  | of leaving work voluntarily to enter such training
if  | 
| 23 |  | the work left is not of a substantially equal or higher  | 
| 24 |  | skill level than
the individual's past adversely  | 
| 25 |  | affected employment as defined under the
federal Trade  | 
| 26 |  | Act of 1974 and the wages for such work are less than  | 
|     | 
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 | 
|  | 
| 1 |  | 80% of his
average weekly wage as determined under the  | 
| 2 |  | federal Trade Act of 1974.
 | 
| 3 |  |   D. If his benefit year begins prior to July 6, 1975 or  | 
| 4 |  | subsequent to
January 2, 1982, he has been unemployed for a  | 
| 5 |  | waiting period of 1 week
during such benefit year. If his  | 
| 6 |  | benefit year begins on or after July 6,
1975, but prior to  | 
| 7 |  | January 3, 1982, and his unemployment
continues for more  | 
| 8 |  | than three weeks during such benefit year, he shall
be  | 
| 9 |  | eligible for benefits with respect to each week of such  | 
| 10 |  | unemployment,
including the first week thereof. An  | 
| 11 |  | individual shall be deemed to be
unemployed within the  | 
| 12 |  | meaning of this subsection while receiving public
 | 
| 13 |  | assistance as remuneration for services performed on work  | 
| 14 |  | projects
financed from funds made available to  | 
| 15 |  | governmental agencies for such
purpose. No week shall be  | 
| 16 |  | counted as a week of unemployment for the
purposes of this  | 
| 17 |  | subsection:
 | 
| 18 |  |    1. Unless it occurs within the benefit year which  | 
| 19 |  | includes the week
with respect to which he claims  | 
| 20 |  | payment of benefits, provided that, for
benefit years  | 
| 21 |  | beginning prior to January 3, 1982, this
requirement  | 
| 22 |  | shall not interrupt the payment of benefits for  | 
| 23 |  | consecutive
weeks of unemployment; and provided  | 
| 24 |  | further that the week immediately
preceding a benefit  | 
| 25 |  | year, if part of one uninterrupted period of
 | 
| 26 |  | unemployment which continues into such benefit year,  | 
|     | 
| |  |  | 10100SB0471ham001 | - 62 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | shall be deemed
(for the purpose of this subsection  | 
| 2 |  | only and with respect to benefit years
beginning prior  | 
| 3 |  | to January 3, 1982, only) to be within such benefit
 | 
| 4 |  | year, as well as within the preceding benefit year, if  | 
| 5 |  | the unemployed
individual would, except for the  | 
| 6 |  | provisions of the first paragraph and
paragraph 1 of  | 
| 7 |  | this subsection and of Section 605, be eligible for and
 | 
| 8 |  | entitled to benefits for such week.
 | 
| 9 |  |    2. If benefits have been paid with respect thereto.
 | 
| 10 |  |    3. Unless the individual was eligible for benefits  | 
| 11 |  | with respect
thereto except for the requirements of  | 
| 12 |  | this subsection and of Section
605.
 | 
| 13 |  |   D-5. Notwithstanding subsection D, if the individual's  | 
| 14 |  | benefit year begins on or after March 8, 2020, but prior to  | 
| 15 |  | the week following the later of (a) the last week of a  | 
| 16 |  | disaster period established by the Gubernatorial Disaster  | 
| 17 |  | Proclamation in response to COVID-19, dated March 9, 2020,  | 
| 18 |  | and any subsequent Gubernatorial Disaster Proclamation in  | 
| 19 |  | response to COVID-19 or (b) the last week for which federal  | 
| 20 |  | sharing is provided as authorized by Section 2105 of Public  | 
| 21 |  | Law 116-136 or any amendment thereto, the individual is not  | 
| 22 |  | subject to the requirement that the individual be  | 
| 23 |  | unemployed for a waiting period of one week during such  | 
| 24 |  | benefit year.  | 
| 25 |  |   E. With respect to any benefit year beginning prior to  | 
| 26 |  | January 3, 1982,
he has been paid during his base period  | 
|     | 
| |  |  | 10100SB0471ham001 | - 63 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | wages for insured work not
less than the amount specified  | 
| 2 |  | in Section 500E of this Act as amended
and in effect on  | 
| 3 |  | October 5, 1980. With respect to any benefit year
beginning  | 
| 4 |  | on or after January 3, 1982, he has been paid during his  | 
| 5 |  | base
period wages for insured work equal to not less than  | 
| 6 |  | $1,600, provided that
he has been paid wages for insured  | 
| 7 |  | work equal to at least $440 during that
part of his base  | 
| 8 |  | period which does not include the calendar quarter in
which  | 
| 9 |  | the wages paid to him were highest.
 | 
| 10 |  |   F. During that week he has participated in reemployment  | 
| 11 |  | services to which
he has been referred, including but not  | 
| 12 |  | limited to job search assistance
services, pursuant to a  | 
| 13 |  | profiling system established by the Director by rule in
 | 
| 14 |  | conformity with Section 303(j)(1) of the federal Social  | 
| 15 |  | Security Act, unless
the Director determines that:
 | 
| 16 |  |    1. the individual has completed such services; or
 | 
| 17 |  |    2. there is justifiable cause for the claimant's  | 
| 18 |  | failure to participate in
such services.
 | 
| 19 |  |   This subsection F is added by this amendatory Act of  | 
| 20 |  | 1995 to clarify
authority already provided under  | 
| 21 |  | subsections A and C in connection with the
unemployment  | 
| 22 |  | insurance claimant profiling system required under  | 
| 23 |  | subsections
(a)(10) and (j)(1) of Section 303 of the  | 
| 24 |  | federal Social Security Act as a
condition of federal
 | 
| 25 |  | funding for the administration of the Unemployment  | 
| 26 |  | Insurance Act.
 | 
|     | 
| |  |  | 10100SB0471ham001 | - 64 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | (Source: P.A. 100-477, eff. 9-8-17.)
 | 
| 2 |  |  (820 ILCS 405/612) (from Ch. 48, par. 442)
 | 
| 3 |  |  Sec. 612. 
Academic Personnel - Ineligibility between  | 
| 4 |  | academic years or
terms.
 | 
| 5 |  |  A. Benefits based on wages for services which are  | 
| 6 |  | employment under the
provisions
of Sections 211.1, 211.2, and  | 
| 7 |  | 302C shall be payable in the same amount,
on the same terms,  | 
| 8 |  | and subject to the same conditions as benefits payable
on the  | 
| 9 |  | basis of wages for other services which are employment under  | 
| 10 |  | this
Act; except that:
 | 
| 11 |  |   1. An individual shall be ineligible for
benefits, on  | 
| 12 |  | the basis of wages for employment in an instructional,  | 
| 13 |  | research,
or principal administrative capacity performed  | 
| 14 |  | for an institution of higher
education, for any week which  | 
| 15 |  | begins during the period between two successive
academic  | 
| 16 |  | years, or during a similar period between two regular  | 
| 17 |  | terms, whether
or not successive, or during a period of  | 
| 18 |  | paid sabbatical leave provided
for in the individual's  | 
| 19 |  | contract, if the individual has a
contract or contracts to  | 
| 20 |  | perform services in any such capacity for any
institution
 | 
| 21 |  | or institutions of higher education for both such academic  | 
| 22 |  | years or both such
terms.
 | 
| 23 |  |   This paragraph 1 shall apply with respect to any week  | 
| 24 |  | which begins prior
to January 1, 1978.
 | 
| 25 |  |   2. An individual shall be ineligible for benefits, on  | 
|     | 
| |  |  | 10100SB0471ham001 | - 65 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | 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 period  | 
| 5 |  | between
two successive academic years or terms, if the  | 
| 6 |  | individual performed such
service in the first of such  | 
| 7 |  | academic years or terms and there is a reasonable
assurance
 | 
| 8 |  | that the individual will perform such service in the second  | 
| 9 |  | of such academic
years or terms.
 | 
| 10 |  |   3. An individual shall be ineligible for benefits, on  | 
| 11 |  | 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  | 
|     | 
| |  |  | 10100SB0471ham001 | - 66 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | this Act, except that:
 | 
| 2 |  |   1. An individual shall be ineligible for benefits, on  | 
| 3 |  | the basis of wages
for service in employment
in an  | 
| 4 |  | instructional, research, or principal administrative  | 
| 5 |  | capacity performed
for an educational institution, for any  | 
| 6 |  | week which begins after December
31, 1977, during a period  | 
| 7 |  | between two successive academic years, or during
a similar  | 
| 8 |  | period between two regular terms, whether or not  | 
| 9 |  | successive, or
during a period of paid sabbatical leave  | 
| 10 |  | provided for in the individual's
contract, if the  | 
| 11 |  | individual performed such service in the first of such
 | 
| 12 |  | academic years (or terms) and if there is a contract or a  | 
| 13 |  | reasonable assurance
that the individual will perform  | 
| 14 |  | service in any such capacity for any
educational
 | 
| 15 |  | institution in the second of such academic years (or  | 
| 16 |  | terms).
 | 
| 17 |  |   2. An individual shall be ineligible for benefits, on  | 
| 18 |  | the basis of wages
for service in employment in any  | 
| 19 |  | capacity other than those referred to in
paragraph 1,  | 
| 20 |  | performed for an educational institution,
for any week  | 
| 21 |  | which
begins after December 31, 1977, during a period  | 
| 22 |  | between two successive academic
years or terms, if the  | 
| 23 |  | individual performed such service in the first of
such  | 
| 24 |  | academic years or terms and there is a reasonable assurance  | 
| 25 |  | that the
individual will perform such service in the second  | 
| 26 |  | of such academic years or
terms.
 | 
|     | 
| |  |  | 10100SB0471ham001 | - 67 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  |   3. An individual shall be ineligible for benefits, on  | 
| 2 |  | the basis of
wages for service in employment in any  | 
| 3 |  | capacity performed for an
educational institution, for any  | 
| 4 |  | week which begins after January 5, 1985,
during an  | 
| 5 |  | established and customary vacation period or holiday  | 
| 6 |  | recess, if
the individual performed such service in the  | 
| 7 |  | period immediately before such
vacation period or holiday  | 
| 8 |  | recess and there is a reasonable assurance that
the  | 
| 9 |  | individual will perform such service in the period  | 
| 10 |  | immediately
following such vacation period or holiday  | 
| 11 |  | recess.
 | 
| 12 |  |   4. An individual shall be ineligible for benefits on  | 
| 13 |  | the basis of wages
for service in employment in any  | 
| 14 |  | capacity performed in an educational
institution while in  | 
| 15 |  | the employ of an educational service agency
for any week  | 
| 16 |  | which begins after January 5, 1985, (a) during a period
 | 
| 17 |  | between two successive academic years or terms, if the  | 
| 18 |  | individual performed
such service in the first of such  | 
| 19 |  | academic years or terms and there is
a reasonable assurance  | 
| 20 |  | that the individual will perform such service in
the second  | 
| 21 |  | of such academic years or terms; and (b) during an  | 
| 22 |  | established
and customary vacation period or holiday  | 
| 23 |  | recess, if the individual performed
such service in the  | 
| 24 |  | period immediately before such vacation period or holiday
 | 
| 25 |  | recess and there is a reasonable assurance that the  | 
| 26 |  | individual will perform
such service in the period  | 
|     | 
| |  |  | 10100SB0471ham001 | - 68 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | immediately following such vacation period or
holiday  | 
| 2 |  | recess.
The term "educational service agency" means a  | 
| 3 |  | governmental agency or
governmental
entity which is  | 
| 4 |  | established and operated exclusively for the purpose of
 | 
| 5 |  | providing such services to one or more educational  | 
| 6 |  | institutions.
 | 
| 7 |  |  C. 1. If benefits are denied to any individual under the  | 
| 8 |  | provisions of
paragraph
2 of either subsection A or B of this  | 
| 9 |  | Section for any week which begins
on or after September 3, 1982  | 
| 10 |  | and such individual is not offered a bona
fide opportunity to  | 
| 11 |  | perform such services for the educational institution
for the  | 
| 12 |  | second of such academic years or terms, such individual shall  | 
| 13 |  | be
entitled to a retroactive payment of benefits for each week  | 
| 14 |  | for which the
individual filed a timely claim for benefits as  | 
| 15 |  | determined by the rules
and regulations issued by the Director  | 
| 16 |  | for the filing of claims for benefits,
provided that such  | 
| 17 |  | benefits were denied solely because of the provisions
of  | 
| 18 |  | paragraph 2 of either subsection A or B of this Section.
 | 
| 19 |  |  2. If benefits on the basis of wages for service in  | 
| 20 |  | employment in
other than an instructional, research, or  | 
| 21 |  | principal administrative capacity
performed in an educational  | 
| 22 |  | institution while in the employ of an
educational service  | 
| 23 |  | agency are denied to any individual under the
provisions of  | 
| 24 |  | subparagraph (a) of paragraph 4 of subsection B and such
 | 
| 25 |  | individual is not offered a bona fide opportunity to perform  | 
| 26 |  | such services
in an educational institution while in the employ  | 
|     | 
| |  |  | 10100SB0471ham001 | - 69 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | of an educational service
agency for the second of such  | 
| 2 |  | academic years or terms, such individual
shall be entitled to a  | 
| 3 |  | retroactive payment of benefits for each week for
which the  | 
| 4 |  | individual filed a timely claim for benefits as determined by  | 
| 5 |  | the
rules and regulations issued by the Director for the filing  | 
| 6 |  | of claims for
benefits, provided that such benefits were denied  | 
| 7 |  | solely because
of subparagraph (a) of paragraph 4 of subsection  | 
| 8 |  | B of this Section.
 | 
| 9 |  |  D. Notwithstanding any other provision in this Section or  | 
| 10 |  | paragraph 2 of subsection C of Section 500 to the contrary,  | 
| 11 |  | with respect to a week of unemployment beginning on or after  | 
| 12 |  | March 15, 2020, and before December 31, 2020, benefits shall be  | 
| 13 |  | payable to an individual on the basis of wages for employment  | 
| 14 |  | in other than an instructional, research, or principal  | 
| 15 |  | administrative capacity performed for an educational  | 
| 16 |  | institution or an educational service agency under any of the  | 
| 17 |  | circumstances described in this Section, to the extent  | 
| 18 |  | permitted under Section 3304(a)(6) of the Federal Unemployment  | 
| 19 |  | Tax Act, as long as the individual is otherwise eligible for  | 
| 20 |  | benefits.  | 
| 21 |  | (Source: P.A. 87-1178.)
 | 
| 22 |  |  (820 ILCS 405/1502.4 new) | 
| 23 |  |  Sec. 1502.4. Benefit charges; COVID-19. | 
| 24 |  |  A. With respect to any benefits paid for a week of  | 
| 25 |  | unemployment that begins on or after March 15, 2020, and before  | 
|     | 
| |  |  | 10100SB0471ham001 | - 70 - | LRB101 04232 JLS 72246 a | 
 | 
|  | 
| 1 |  | December 31, 2020, and is directly or indirectly attributable  | 
| 2 |  | to COVID-19, notwithstanding any other provisions to the  | 
| 3 |  | contrary an employer that is subject to the payment of  | 
| 4 |  | contributions shall not be chargeable for any benefit charges. | 
| 5 |  |  B. With respect to any regular benefits paid for a week of  | 
| 6 |  | unemployment that begins on or after March 15, 2020, and before  | 
| 7 |  | December 31, 2020, and is directly or indirectly attributable  | 
| 8 |  | to COVID-19, notwithstanding any other provisions to the  | 
| 9 |  | contrary except subsection E, a nonprofit organization that is  | 
| 10 |  | subject to making payments in lieu of contributions shall be  | 
| 11 |  | chargeable for 50% of the benefits paid. | 
| 12 |  |  C. With respect to any benefits paid for a week of  | 
| 13 |  | unemployment that begins on or after March 15, 2020, and before  | 
| 14 |  | December 31, 2020, and is directly or indirectly attributable  | 
| 15 |  | to COVID-19, notwithstanding any other provisions to the  | 
| 16 |  | contrary except subsection E, the State and any local  | 
| 17 |  | government that is subject to making payments in lieu of  | 
| 18 |  | contributions shall be chargeable for 50% of the benefits paid,  | 
| 19 |  | irrespective of whether the State or local government paid the  | 
| 20 |  | individual who received the benefits wages for insured work  | 
| 21 |  | during the individual's base period. | 
| 22 |  |  D. Subsections A, B, and C shall only apply to the extent  | 
| 23 |  | that the employer can show that the individual's unemployment  | 
| 24 |  | for the week was directly or indirectly attributable to  | 
| 25 |  | COVID-19. | 
| 26 |  |  E. No employer shall be chargeable for the week of benefits  | 
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|  | 
| 1 |  | paid to an individual under the provisions of Section 500D-1. | 
| 2 |  |  (820 ILCS 405/1505) (from Ch. 48, par. 575)
 | 
| 3 |  |  Sec. 1505. Adjustment of state experience factor. The state  | 
| 4 |  | experience
factor shall be adjusted in accordance with the  | 
| 5 |  | following provisions:
 | 
| 6 |  |  A. For calendar years prior to 1988, the state experience  | 
| 7 |  | factor shall be adjusted in accordance with the provisions of  | 
| 8 |  | this Act as amended and in effect on November 18, 2011.
 | 
| 9 |  |  B. (Blank).
 | 
| 10 |  |  C. For calendar year 1988
and each calendar year  | 
| 11 |  | thereafter, for which the state
experience factor is being  | 
| 12 |  | determined.
 | 
| 13 |  |   1. For every $50,000,000 (or fraction thereof) by which
 | 
| 14 |  | the adjusted trust fund balance falls below the target  | 
| 15 |  | balance set forth in
this subsection,
the state experience  | 
| 16 |  | factor for the succeeding year shall
be increased one  | 
| 17 |  | percent absolute.
 | 
| 18 |  |   For every $50,000,000 (or fraction thereof) by which
 | 
| 19 |  | the adjusted trust fund balance exceeds the target balance  | 
| 20 |  | set forth in this
subsection, the
state experience factor  | 
| 21 |  | for the succeeding year shall be
decreased by one percent  | 
| 22 |  | absolute.
 | 
| 23 |  |   The target balance in each calendar year prior to 2003  | 
| 24 |  | is $750,000,000.
The
target balance in
calendar year 2003  | 
| 25 |  | is $920,000,000. The target balance in calendar year 2004  | 
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|  | 
| 1 |  | is
$960,000,000.
The target balance in calendar year 2005  | 
| 2 |  | and each calendar year thereafter
is
$1,000,000,000.
 | 
| 3 |  |   2. For the purposes of this subsection:
 | 
| 4 |  |   "Net trust fund balance" is the amount standing to the
 | 
| 5 |  | credit of this State's account in the unemployment trust
 | 
| 6 |  | fund as of June 30 of the calendar year immediately  | 
| 7 |  | preceding
the year for which a state experience factor is  | 
| 8 |  | being determined.
 | 
| 9 |  |   "Adjusted trust fund balance" is the net trust fund  | 
| 10 |  | balance
minus the sum of the benefit reserves for fund  | 
| 11 |  | building
for July 1, 1987 through June 30 of the year prior  | 
| 12 |  | to the
year for which the state experience factor is being  | 
| 13 |  | determined.
The adjusted trust fund balance shall not be  | 
| 14 |  | less than
zero. If the preceding calculation results in a  | 
| 15 |  | number
which is less than zero, the amount by which it is  | 
| 16 |  | less
than zero shall reduce the sum of the benefit reserves
 | 
| 17 |  | for fund building for subsequent years.
 | 
| 18 |  |   For the purpose of determining the state experience  | 
| 19 |  | factor
for 1989 and for each calendar year thereafter, the  | 
| 20 |  | following
"benefit reserves for fund building" shall apply  | 
| 21 |  | for each
state experience factor calculation in which that  | 
| 22 |  | 12 month
period is applicable:
 | 
| 23 |  |    a. For the 12 month period ending on June 30, 1988,  | 
| 24 |  | the
"benefit reserve for fund building" shall be  | 
| 25 |  | 8/104th of
the total benefits paid from January 1, 1988  | 
| 26 |  | through June 30, 1988.
 | 
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|  | 
| 1 |  |    b. For the 12 month period ending on June 30, 1989,  | 
| 2 |  | the
"benefit reserve for fund building" shall be the  | 
| 3 |  | sum of:
 | 
| 4 |  |     i. 8/104ths of the total benefits paid from  | 
| 5 |  | July 1,
1988 through December 31, 1988, plus
 | 
| 6 |  |     ii. 4/108ths of the total benefits paid from  | 
| 7 |  | January
1, 1989 through June 30, 1989.
 | 
| 8 |  |    c. For the 12 month period ending on June 30, 1990,  | 
| 9 |  | the
"benefit reserve for fund building" shall be  | 
| 10 |  | 4/108ths of
the total benefits paid from July 1, 1989  | 
| 11 |  | through December 31, 1989.
 | 
| 12 |  |    d. For 1992 and for each calendar year thereafter,  | 
| 13 |  | the
"benefit reserve for fund building" for the 12  | 
| 14 |  | month period
ending on June 30, 1991 and for each  | 
| 15 |  | subsequent 12 month
period shall be zero.
 | 
| 16 |  |   3. Notwithstanding the preceding provisions of this  | 
| 17 |  | subsection,
for calendar years 1988 through 2003, the state  | 
| 18 |  | experience factor shall not
be increased or decreased
by  | 
| 19 |  | more than 15 percent absolute.
 | 
| 20 |  |  D. Notwithstanding the provisions of subsection C, the
 | 
| 21 |  | adjusted state experience factor:
 | 
| 22 |  |   1. Shall be 111 percent for calendar year 1988;
 | 
| 23 |  |   2. Shall not be less than 75 percent nor greater than
 | 
| 24 |  | 135 percent for calendar years 1989 through 2003; and shall  | 
| 25 |  | not
be less than 75% nor greater than 150% for calendar  | 
| 26 |  | year 2004 and each
calendar year
thereafter, not counting  | 
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|  | 
| 1 |  | any increase pursuant to subsection D-1, D-2, or D-3;
 | 
| 2 |  |   3. Shall not be decreased by more than 5 percent  | 
| 3 |  | absolute for any
calendar year, beginning in calendar year  | 
| 4 |  | 1989 and through calendar year
1992, by more than 6%  | 
| 5 |  | absolute for calendar years 1993
through 1995, by more than  | 
| 6 |  | 10% absolute for calendar years
1999 through 2003 and by  | 
| 7 |  | more than 12% absolute for calendar year 2004 and
each  | 
| 8 |  | calendar year thereafter, from the adjusted state
 | 
| 9 |  | experience factor of the calendar year preceding the  | 
| 10 |  | calendar year for which
the adjusted state experience  | 
| 11 |  | factor is being determined;
 | 
| 12 |  |   4. Shall not be increased by more than 15% absolute for  | 
| 13 |  | calendar year
1993, by more than 14% absolute for calendar  | 
| 14 |  | years 1994 and
1995, by more than 10% absolute for calendar  | 
| 15 |  | years 1999
through 2003 and by more than 16% absolute for  | 
| 16 |  | calendar year 2004 and each
calendar
year
thereafter, from  | 
| 17 |  | the adjusted state experience factor for the calendar year
 | 
| 18 |  | preceding the calendar year for which the adjusted state  | 
| 19 |  | experience factor
is being determined;
 | 
| 20 |  |   5. Shall be 100% for calendar years 1996, 1997, and  | 
| 21 |  | 1998.
 | 
| 22 |  |  D-1. The adjusted state experience factor for each of  | 
| 23 |  | calendar years 2013 through 2015 shall be increased by 5%  | 
| 24 |  | absolute above the adjusted state experience factor as  | 
| 25 |  | calculated without regard to this subsection. The adjusted  | 
| 26 |  | state experience factor for each of calendar years 2016 through  | 
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|  | 
| 1 |  | 2018 shall be increased by 6% absolute above the adjusted state  | 
| 2 |  | experience factor as calculated without regard to this  | 
| 3 |  | subsection. The increase in the adjusted state experience  | 
| 4 |  | factor for calendar year 2018 pursuant to this subsection shall  | 
| 5 |  | not be counted for purposes of applying paragraph 3 or 4 of  | 
| 6 |  | subsection D to the calculation of the adjusted state  | 
| 7 |  | experience factor for calendar year 2019.  | 
| 8 |  |  D-2. (Blank).  | 
| 9 |  |  D-3. The adjusted state experience factor for calendar year  | 
| 10 |  | 2022 shall be increased by 16% 22% absolute above the adjusted  | 
| 11 |  | state experience factor as calculated without regard to this  | 
| 12 |  | subsection. The increase in the adjusted state experience  | 
| 13 |  | factor for calendar year 2022 pursuant to this subsection shall  | 
| 14 |  | not be counted for purposes of applying paragraph 3 or 4 of  | 
| 15 |  | subsection D to the calculation of the adjusted state  | 
| 16 |  | experience factor for calendar year 2023.  | 
| 17 |  |  E. The amount standing to the credit of this State's  | 
| 18 |  | account in the
unemployment trust fund as of June 30 shall be  | 
| 19 |  | deemed to include as part
thereof (a) any amount receivable on  | 
| 20 |  | that date from any Federal
governmental agency, or as a payment  | 
| 21 |  | in lieu of contributions under the
provisions of Sections 1403  | 
| 22 |  | and 1405 B and paragraph 2 of Section 302C,
in reimbursement of  | 
| 23 |  | benefits paid to individuals, and (b) amounts
credited by the  | 
| 24 |  | Secretary of the Treasury of the United States to this
State's  | 
| 25 |  | account in the unemployment trust fund pursuant to Section 903
 | 
| 26 |  | of the Federal Social Security Act, as amended, including any  | 
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|  | 
| 1 |  | such
amounts which have been appropriated by the General  | 
| 2 |  | Assembly in
accordance with the provisions of Section 2100 B  | 
| 3 |  | for expenses of
administration, except any amounts which have  | 
| 4 |  | been obligated on or
before that date pursuant to such  | 
| 5 |  | appropriation.
 | 
| 6 |  | (Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
 | 
| 7 |  |  (820 ILCS 405/1506.6) | 
| 8 |  |  Sec. 1506.6. Surcharge; specified period. For each  | 
| 9 |  | employer whose contribution rate for calendar year 2022 is  | 
| 10 |  | determined pursuant to Section 1500 or 1506.1, in addition to  | 
| 11 |  | the contribution rate established pursuant to Section 1506.3,  | 
| 12 |  | an additional surcharge of 0.325% 0.425% shall be added to the  | 
| 13 |  | contribution rate. The surcharge established by this Section  | 
| 14 |  | shall be due at the same time as other contributions with  | 
| 15 |  | respect to the quarter are due, as provided in Section 1400.  | 
| 16 |  | Payments attributable to the surcharge established pursuant to  | 
| 17 |  | this Section shall be contributions and deposited into the  | 
| 18 |  | clearing account.
 | 
| 19 |  | (Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.) | 
| 20 |  |  Section 90. The State Mandates Act is amended by adding  | 
| 21 |  | Section 8.44 as follows: | 
| 22 |  |  (30 ILCS 805/8.44 new) | 
| 23 |  |  Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8  |