Bill Text: IL HB2455 | 2019-2020 | 101st General Assembly | Chaptered

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Bill Title: Amends the Illinois Works Jobs Program Act to require appointments to the Illinois Works Review Panel to be made within 30 days after the effective date of this amendatory Act of the 101st General Assembly. Requires the Panel to hold its first meeting within 45 days after the effective date of this amendatory Act of the 101st General Assembly. Amends the Chicago Police and Chicago Firefighter Articles of the Illinois Pension Code. In provisions concerning eligibility for ordinary death benefits and certain annuities related to death in the line of duty, provides that the death of any fireman or policeman as a result of the exposure to and contraction of COVID-19, as evidenced by either (i) a confirmed positive laboratory test for COVID-19 or COVID-19 antibodies or (ii) a confirmed diagnosis of COVID-19 from a licensed medical professional, shall be rebuttably presumed to have been contracted while in the performance of an act or acts of duty and the fireman or policeman shall be rebuttably presumed to have been fatally injured while in active service. Specifies that the presumption shall apply to any fireman or policeman who contracted COVID-19 on or after March 9, 2020 and on or before December 31, 2020; except that the presumption shall not apply if the policeman or fireman was on a leave of absence from his or her employment for a period of 14 or more consecutive days immediately prior to the date of contraction of COVID-19. Amends the State Mandates Act to require implementation without reimbursement. Amends the Workers' Occupational Diseases Act with respect to claims related to COVID-19. Provides that there is a rebuttable presumption that an employee's contraction of COVID-19 arises out of and in the course of the employee's first responder or front-line worker employment and that the injury or occupational disease shall be rebuttably presumed to be causally connected to the hazards or exposures of the employee's first responder or front-line worker employment. Defines terms. Makes changes in the maximum weekly benefit amount. Makes changes with respect to the state experience factor and applicable contribution rate surcharges. Amends the Unemployment Insurance Act. Authorizes the payment of extended benefits for weeks beginning on or after March 15, 2020, through the end of the fourth week prior to the last week for which federal sharing is provided as authorized by Section 4105 of Public Law 116-127, or any amendments thereto. Provides that benefit limits do not include Federal Pandemic Unemployment Compensation amounts provided for in Section 2104 of Public Law 116-136. Eliminates the waiting period in certain circumstances. Provides for retroactive application. Effective immediately.

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Passed) 2020-06-08 - Added as Alternate Co-Sponsor Sen. Pat McGuire [HB2455 Detail]

Download: Illinois-2019-HB2455-Chaptered.html

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Public Act 101-0633
HB2455 Enrolled LRB101 08292 JLS 53360 b
AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Works Jobs Program Act is amended
by changing Section 20-25 as follows:
(30 ILCS 559/20-25)
Sec. 20-25. The Illinois Works Review Panel.
(a) The Illinois Works Review Panel is created and shall be
comprised of 25 members, each serving 3-year terms. The Speaker
of the House of Representatives and the President of the Senate
shall each appoint 5 members within 30 days after the effective
date of this amendatory Act of the 101st General Assembly. The
Minority Leader of the House of Representatives and the
Minority Leader of the Senate shall each appoint 5 members
within 30 days after the effective date of this amendatory Act
of the 101st General Assembly. The Director of Commerce and
Economic Opportunity, or his or her designee, shall serve as a
member. The Governor shall appoint the following individuals to
serve as members within 30 days after the effective date of
this amendatory Act of the 101st General Assembly: a
representative from a contractor organization; a
representative from a labor organization; and 2 members of the
public with workforce development expertise, one of whom shall

be a representative of a nonprofit organization that addresses
workforce development.
(b) The members of the Illinois Works Review Panel shall
make recommendations to the Department regarding
identification and evaluation of community-based
organizations.
(c) The Illinois Works Review Panel shall meet, at least
quarterly, to review and evaluate (i) the Illinois Works
Preapprenticeship Program and the Illinois Works
Apprenticeship Initiative, (ii) ideas to diversify the trainee
corps in the Illinois Works Preapprenticeship Program and the
workforce in the construction industry in Illinois, (iii) ideas
to increase diversity in active apprenticeship programs in
Illinois, and (iv) workforce demographic data collected by the
Illinois Department of Labor. The Illinois Works Review Panel
shall hold its initial meeting no later than 45 days after the
effective date of this amendatory Act of the 101st General
Assembly.
(d) All State contracts and grant agreements funding State
contracts shall include a requirement that the contractor and
subcontractor shall, upon reasonable notice, appear before and
respond to requests for information from the Illinois Works
Review Panel.
(e) By August 1, 2020, and every August 1 thereafter, the
Illinois Works Review Panel shall report to the General
Assembly on its evaluation of the Illinois Works

Preapprenticeship Program and the Illinois Works
Apprenticeship Initiative, including any recommended
modifications.
(Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.)
Section 10. The Illinois Pension Code is amended by
changing Sections 5-144, 5-153, 6-140, and 6-150 as follows:
(40 ILCS 5/5-144) (from Ch. 108 1/2, par. 5-144)
Sec. 5-144. Death from injury in the performance of acts of
duty; compensation annuity and supplemental annuity.
(a) Beginning January 1, 1986, and without regard to
whether or not the annuity in question began before that date,
if the annuity for the widow of a policeman whose death, on or
after January 1, 1940, results from injury incurred in the
performance of an act or acts of duty, is not equal to the sum
hereinafter stated, "compensation annuity" equal to the
difference between the annuity and an amount equal to 75% of
the policeman's salary attached to the position he held by
certification and appointment as a result of competitive civil
service examination that would ordinarily have been paid to him
as though he were in active discharge of his duties shall be
payable to the widow until the policeman, had he lived, would
have attained age 63. The total amount of the widow's annuity
and children's awards payable to the family of such policeman
shall not exceed the amounts stated in Section 5-152.

For the purposes of this Section only, the death of any
policeman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the policeman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall
apply to any policeman who was exposed to and contracted
COVID-19 on or after March 9, 2020 and on or before December
31, 2020; except that the presumption shall not apply if the
policeman was on a leave of absence from his or her employment
or otherwise not required to report for duty for a period of 14
or more consecutive days immediately prior to the date of
contraction of COVID-19. For the purposes of determining when a
policeman contracted COVID-19 under this paragraph, the date of
contraction is either the date that the policeman was diagnosed
with COVID-19 or was unable to work due to symptoms that were
later diagnosed as COVID-19, whichever occurred first.
The provisions of this Section, as amended by Public Act
84-1104, including the reference to the date upon which the
deceased policeman would have attained age 63, shall apply to
all widows of policemen whose death occurs on or after January
1, 1940 due to injury incurred in the performance of an act of
duty, regardless of whether such death occurred prior to

September 17, 1969. For those widows of policemen that died
prior to September 17, 1969, who became eligible for
compensation annuity by the action of Public Act 84-1104, such
compensation annuity shall begin and be calculated from January
1, 1986. The provisions of this amendatory Act of 1987 are
intended to restate and clarify the intent of Public Act
84-1104, and do not make any substantive change.
(b) Upon termination of the compensation annuity,
"supplemental annuity" shall become payable to the widow, equal
to the difference between the annuity for the widow and an
amount equal to 75% of the annual salary (including all salary
increases and longevity raises) that the policeman would have
been receiving when he attained age 63 if the policeman had
continued in service at the same rank (whether career service
or exempt) that he last held in the police department. The
increase in supplemental annuity resulting from this
amendatory Act of the 92nd General Assembly applies without
regard to whether the deceased policeman was in service on or
after the effective date of this amendatory Act and is payable
from July 1, 2002 or the date upon which the supplemental
annuity begins, whichever is later.
(c) Neither compensation nor supplemental annuity shall be
paid unless the death of the policeman was a direct result of
the injury, or the injury was of such character as to prevent
him from subsequently resuming service as a policeman; nor
shall compensation or supplemental annuity be paid unless the

widow was the wife of the policeman when the injury occurred.
(Source: P.A. 92-599, eff. 6-28-02.)
(40 ILCS 5/5-153) (from Ch. 108 1/2, par. 5-153)
Sec. 5-153. Death benefit.
(a) Effective January 1, 1962, an ordinary death benefit is
payable on account of any policeman in service and in receipt
of salary on or after such date, which benefit is in addition
to all other annuities and benefits herein provided. This
benefit is payable upon death of a policeman:
(1) occurring in active service while in receipt of
salary;
(2) on an authorized and approved leave of absence,
without salary, beginning on or after January 1, 1962, if
the death occurs within 60 days from the date the employee
was in receipt of salary; or otherwise in the service and
not separated by resignation or discharge beginning
January 1, 1962 if death occurs before his resignation or
discharge from the service;
(3) receiving duty disability or ordinary disability
benefit;
(4) occurring within 60 days from the date of
termination of duty disability or ordinary disability
benefit payments if re-entry into service had not occurred;
or
(5) occurring on retirement and while in receipt of an

age and service annuity, Tier 2 monthly retirement annuity,
or prior service annuity; provided (a) retirement on such
annuity occurred on or after January 1, 1962, and (b) such
separation from service was effective on or after the
policeman's attainment of age 50, and (c) application for
such annuity was made within 60 days after separation from
service.
(b) The ordinary death benefit is payable to such
beneficiary or beneficiaries as the policeman has nominated by
written direction duly signed and acknowledged before an
officer authorized to take acknowledgments, and filed with the
board. If no such written direction has been filed or if the
designated beneficiaries do not survive the policeman, payment
of the benefit shall be made to his estate.
(c) Until December 31, 1977, if death occurs prior to
retirement on annuity and before the policeman's attainment of
age 50, the amount of the benefit payable is $6,000. If death
occurs prior to retirement, at age 50 or over, the benefit of
$6,000 shall be reduced $400 for each year (commencing on the
policeman's attainment of age 50, and thereafter on each
succeeding birthdate) that the policeman's age, at date of
death, is more than age 50, but in no event below the amount of
$2,000. However, if death results from injury incurred in the
performance of an act or acts of duty, prior to retirement on
annuity, the amount of the benefit payable is $6,000
notwithstanding the age attained.

Until December 31, 1977, if the policeman's death occurs
while he is in receipt of an annuity, the benefit is $2,000 if
retirement was effective upon attainment of age 55 or greater.
If the policeman retired at age 50 or over and before age 55,
the benefit of $2,000 shall be reduced $100 for each year or
fraction of a year that the policeman's age at retirement was
less than age 55 to a minimum payment of $1,500.
After December 31, 1977, and on or before January 1, 1986,
if death occurs prior to retirement on annuity and before the
policeman's attainment of age 50, the amount of the benefit
payable is $7,000. If death occurs prior to retirement, at age
50 or over, the benefit of $7,000 shall be reduced $400 for
each year (commencing on the policeman's attainment of age 50,
and thereafter on each succeeding birthdate) that the
policeman's age, at date of death, is more than age 50, but in
no event below the amount of $3,000. However, if death results
from injury incurred in the performance of an act or acts of
duty, prior to retirement on annuity, the amount of the benefit
payable is $7,000 notwithstanding the age attained.
After December 31, 1977, and on or before January 1, 1986,
if the policeman's death occurs while he is in receipt of an
annuity, the benefit is $2,250 if retirement was effective upon
attainment of age 55 or greater. If the policeman retired at
age 50 or over and before age 55, the benefit of $2,250 shall
be reduced $100 for each year or fraction of a year that the
policeman's age at retirement was less than age 55 to a minimum

payment of $1,750.
After January 1, 1986, if death occurs prior to retirement
on annuity and before the policeman's attainment of age 50, the
amount of benefit payable is $12,000. If death occurs prior to
retirement, at age 50 or over, the benefit of $12,000 shall be
reduced $400 for each year (commencing on the policeman's
attainment of age 50, and thereafter on each succeeding
birthdate) that the policeman's age, at date of death, is more
than age 50, but in no event below the amount of $6,000.
However, if death results from injury in the performance of an
act or acts of duty, prior to retirement on annuity, the amount
of benefit payable is $12,000 notwithstanding the age attained.
After January 1, 1986, if the policeman's death occurs
while he is in receipt of an annuity, the benefit is $6,000.
(d) For the purposes of this Section only, the death of any
policeman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the policeman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall
apply to any policeman who was exposed to and contracted
COVID-19 on or after March 9, 2020 and on or before December
31, 2020; except that the presumption shall not apply if the

policeman was on a leave of absence from his or her employment
or otherwise not required to report for duty for a period of 14
or more consecutive days immediately prior to the date of
contraction of COVID-19. For the purposes of determining when a
policeman contracted COVID-19 under this subsection, the date
of contraction is either the date that the policeman was
diagnosed with COVID-19 or was unable to work due to symptoms
that were later diagnosed as COVID-19, whichever occurred
first.
(Source: P.A. 99-905, eff. 11-29-16.)
(40 ILCS 5/6-140) (from Ch. 108 1/2, par. 6-140)
Sec. 6-140. Death in the line of duty.
(a) The annuity for the widow of a fireman whose death
results from the performance of an act or acts of duty shall be
an amount equal to 50% of the current annual salary attached to
the classified position to which the fireman was certified at
the time of his death and 75% thereof after December 31, 1972.
Unless the performance of an act or acts of duty results
directly in the death of the fireman, or prevents him from
subsequently resuming active service in the fire department,
the annuity herein provided shall not be paid; nor shall such
annuities be paid unless the widow was the wife of the fireman
at the time of the act or acts of duty which resulted in his
death.
For the purposes of this Section only, the death of any

fireman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the fireman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall
apply to any fireman who was exposed to and contracted COVID-19
on or after March 9, 2020 and on or before December 31, 2020;
except that the presumption shall not apply if the fireman was
on a leave of absence from his or her employment or otherwise
not required to report for duty for a period of 14 or more
consecutive days immediately prior to the date of contraction
of COVID-19. For the purposes of determining when a fireman
contracted COVID-19 under this paragraph, the date of
contraction is either the date that the fireman was diagnosed
with COVID-19 or was unable to work due to symptoms that were
later diagnosed as COVID-19, whichever occurred first.
(b) The changes made to this Section by this amendatory Act
of the 92nd General Assembly apply without regard to whether
the deceased fireman was in service on or after the effective
date of this amendatory Act. In the case of a widow receiving
an annuity under this Section that has been reduced to 40% of
current salary because the fireman, had he lived, would have
attained the age prescribed for compulsory retirement, the

annuity shall be restored to the amount provided in subsection
(a), with the increase beginning to accrue on the later of
January 1, 2001 or the day the annuity first became payable.
(Source: P.A. 92-50, eff. 7-12-01.)
(40 ILCS 5/6-150) (from Ch. 108 1/2, par. 6-150)
Sec. 6-150. Death benefit.
(a) Effective January 1, 1962, an ordinary death benefit
shall be payable on account of any fireman in service and in
receipt of salary on or after such date, which benefit shall be
in addition to all other annuities and benefits herein
provided. This benefit shall be payable upon death of a
fireman:
(1) occurring in active service while in receipt of
salary;
(2) on an authorized and approved leave of absence,
without salary, beginning on or after January 1, 1962, if
the death occurs within 60 days from the date the fireman
was in receipt of salary;
(3) receiving duty, occupational disease, or ordinary
disability benefit;
(4) occurring within 60 days from the date of
termination of duty disability, occupational disease
disability or ordinary disability benefit payments if
re-entry into service had not occurred; or
(5) occurring on retirement and while in receipt of an

age and service annuity, prior service annuity, Tier 2
monthly retirement annuity, or minimum annuity; provided
(a) retirement on such annuity occurred on or after January
1, 1962, and (b) such separation from service was effective
on or after the fireman's attainment of age 50, and (c)
application for such annuity was made within 60 days after
separation from service.
(b) The ordinary death benefit shall be payable to such
beneficiary or beneficiaries as the fireman has nominated by
written direction duly signed and acknowledged before an
officer authorized to take acknowledgments, and filed with the
board. If no such written direction has been filed or if the
designated beneficiaries do not survive the fireman, payment of
the benefit shall be made to his estate.
(c) Beginning July 1, 1983, if death occurs prior to
retirement on annuity and before the fireman's attainment of
age 50, the amount of the benefit payable shall be $12,000.
Beginning July 1, 1983, if death occurs prior to retirement, at
age 50 or over, the benefit of $12,000 shall be reduced $400
for each year (commencing on the fireman's attainment of age 50
and thereafter on each succeeding birth date) that the
fireman's age, at date of death, is more than age 49, but in no
event below the amount of $6,000.
Beginning July 1, 1983, if the fireman's death occurs while
he is in receipt of an annuity, the benefit shall be $6,000.
(d) For the purposes of this Section only, the death of any

fireman as a result of the exposure to and contraction of
COVID-19, as evidenced by either (i) a confirmed positive
laboratory test for COVID-19 or COVID-19 antibodies or (ii) a
confirmed diagnosis of COVID-19 from a licensed medical
professional, shall be rebuttably presumed to have been
contracted while in the performance of an act or acts of duty
and the fireman shall be rebuttably presumed to have been
fatally injured while in active service. The presumption shall
apply to any fireman who was exposed to and contracted COVID-19
on or after March 9, 2020 and on or before December 31, 2020;
except that the presumption shall not apply if the fireman was
on a leave of absence from his or her employment or otherwise
not required to report for duty for a period of 14 or more
consecutive days immediately prior to the date of contraction
of COVID-19. For the purposes of determining when a fireman
contracted COVID-19 under this subsection, the date of
contraction is either the date that the fireman was diagnosed
with COVID-19 or was unable to work due to symptoms that were
later diagnosed as COVID-19, whichever occurred first.
(Source: P.A. 99-905, eff. 11-29-16.)
Section 15. The Workers' Occupational Diseases Act is
amended by changing Section 1 as follows:
(820 ILCS 310/1) (from Ch. 48, par. 172.36)
Sec. 1. This Act shall be known and may be cited as the

"Workers' Occupational Diseases Act".
(a) The term "employer" as used in this Act shall be
construed to be:
1. The State and each county, city, town, township,
incorporated village, school district, body politic, or
municipal corporation therein.
2. Every person, firm, public or private corporation,
including hospitals, public service, eleemosynary,
religious or charitable corporations or associations, who
has any person in service or under any contract for hire,
express or implied, oral or written.
3. Where an employer operating under and subject to the
provisions of this Act loans an employee to another such
employer and such loaned employee sustains a compensable
occupational disease in the employment of such borrowing
employer and where such borrowing employer does not provide
or pay the benefits or payments due such employee, such
loaning employer shall be liable to provide or pay all
benefits or payments due such employee under this Act and
as to such employee the liability of such loaning and
borrowing employers shall be joint and several, provided
that such loaning employer shall in the absence of
agreement to the contrary be entitled to receive from such
borrowing employer full reimbursement for all sums paid or
incurred pursuant to this paragraph together with
reasonable attorneys' fees and expenses in any hearings

before the Illinois Workers' Compensation Commission or in
any action to secure such reimbursement. Where any benefit
is provided or paid by such loaning employer, the employee
shall have the duty of rendering reasonable co-operation in
any hearings, trials or proceedings in the case, including
such proceedings for reimbursement.
Where an employee files an Application for Adjustment
of Claim with the Illinois Workers' Compensation
Commission alleging that his or her claim is covered by the
provisions of the preceding paragraph, and joining both the
alleged loaning and borrowing employers, they and each of
them, upon written demand by the employee and within 7 days
after receipt of such demand, shall have the duty of filing
with the Illinois Workers' Compensation Commission a
written admission or denial of the allegation that the
claim is covered by the provisions of the preceding
paragraph and in default of such filing or if any such
denial be ultimately determined not to have been bona fide
then the provisions of Paragraph K of Section 19 of this
Act shall apply.
An employer whose business or enterprise or a
substantial part thereof consists of hiring, procuring or
furnishing employees to or for other employers operating
under and subject to the provisions of this Act for the
performance of the work of such other employers and who
pays such employees their salary or wage notwithstanding

that they are doing the work of such other employers shall
be deemed a loaning employer within the meaning and
provisions of this Section.
(b) The term "employee" as used in this Act, shall be
construed to mean:
1. Every person in the service of the State, county,
city, town, township, incorporated village or school
district, body politic or municipal corporation therein,
whether by election, appointment or contract of hire,
express or implied, oral or written, including any official
of the State, or of any county, city, town, township,
incorporated village, school district, body politic or
municipal corporation therein and except any duly
appointed member of the fire department in any city whose
population exceeds 500,000 according to the last Federal or
State census, and except any member of a fire insurance
patrol maintained by a board of underwriters in this State.
One employed by a contractor who has contracted with the
State, or a county, city, town, township, incorporated
village, school district, body politic or municipal
corporation therein, through its representatives, shall
not be considered as an employee of the State, county,
city, town, township, incorporated village, school
district, body politic or municipal corporation which made
the contract.
2. Every person in the service of another under any

contract of hire, express or implied, oral or written, who
contracts an occupational disease while working in the
State of Illinois, or who contracts an occupational disease
while working outside of the State of Illinois but where
the contract of hire is made within the State of Illinois,
and any person whose employment is principally localized
within the State of Illinois, regardless of the place where
the disease was contracted or place where the contract of
hire was made, including aliens, and minors who, for the
purpose of this Act, except Section 3 hereof, shall be
considered the same and have the same power to contract,
receive payments and give quittances therefor, as adult
employees. An employee or his or her dependents under this
Act who shall have a cause of action by reason of an
occupational disease, disablement or death arising out of
and in the course of his or her employment may elect or
pursue his or her remedy in the State where the disease was
contracted, or in the State where the contract of hire is
made, or in the State where the employment is principally
localized.
(c) "Commission" means the Illinois Workers' Compensation
Commission created by the Workers' Compensation Act, approved
July 9, 1951, as amended.
(d) In this Act the term "Occupational Disease" means a
disease arising out of and in the course of the employment or
which has become aggravated and rendered disabling as a result

of the exposure of the employment. Such aggravation shall arise
out of a risk peculiar to or increased by the employment and
not common to the general public.
A disease shall be deemed to arise out of the employment if
there is apparent to the rational mind, upon consideration of
all the circumstances, a causal connection between the
conditions under which the work is performed and the
occupational disease. The disease need not to have been
foreseen or expected but after its contraction it must appear
to have had its origin or aggravation in a risk connected with
the employment and to have flowed from that source as a
rational consequence.
An employee shall be conclusively deemed to have been
exposed to the hazards of an occupational disease when, for any
length of time however short, he or she is employed in an
occupation or process in which the hazard of the disease
exists; provided however, that in a claim of exposure to atomic
radiation, the fact of such exposure must be verified by the
records of the central registry of radiation exposure
maintained by the Department of Public Health or by some other
recognized governmental agency maintaining records of such
exposures whenever and to the extent that the records are on
file with the Department of Public Health or the agency.
Any injury to or disease or death of an employee arising
from the administration of a vaccine, including without
limitation smallpox vaccine, to prepare for, or as a response

to, a threatened or potential bioterrorist incident to the
employee as part of a voluntary inoculation program in
connection with the person's employment or in connection with
any governmental program or recommendation for the inoculation
of workers in the employee's occupation, geographical area, or
other category that includes the employee is deemed to arise
out of and in the course of the employment for all purposes
under this Act. This paragraph added by Public Act 93-829 is
declarative of existing law and is not a new enactment.
The employer liable for the compensation in this Act
provided shall be the employer in whose employment the employee
was last exposed to the hazard of the occupational disease
claimed upon regardless of the length of time of such last
exposure, except, in cases of silicosis or asbestosis, the only
employer liable shall be the last employer in whose employment
the employee was last exposed during a period of 60 days or
more after the effective date of this Act, to the hazard of
such occupational disease, and, in such cases, an exposure
during a period of less than 60 days, after the effective date
of this Act, shall not be deemed a last exposure. If a miner
who is suffering or suffered from pneumoconiosis was employed
for 10 years or more in one or more coal mines there shall,
effective July 1, 1973 be a rebuttable presumption that his or
her pneumoconiosis arose out of such employment.
If a deceased miner was employed for 10 years or more in
one or more coal mines and died from a respirable disease there

shall, effective July 1, 1973, be a rebuttable presumption that
his or her death was due to pneumoconiosis.
Any condition or impairment of health of an employee
employed as a firefighter, emergency medical technician (EMT),
emergency medical technician-intermediate (EMT-I), advanced
emergency medical technician (A-EMT), or paramedic which
results directly or indirectly from any bloodborne pathogen,
lung or respiratory disease or condition, heart or vascular
disease or condition, hypertension, tuberculosis, or cancer
resulting in any disability (temporary, permanent, total, or
partial) to the employee shall be rebuttably presumed to arise
out of and in the course of the employee's firefighting, EMT,
EMT-I, A-EMT, or paramedic employment and, further, shall be
rebuttably presumed to be causally connected to the hazards or
exposures of the employment. This presumption shall also apply
to any hernia or hearing loss suffered by an employee employed
as a firefighter, EMT, EMT-I, A-EMT, or paramedic. However,
this presumption shall not apply to any employee who has been
employed as a firefighter, EMT, EMT-I, A-EMT, or paramedic for
less than 5 years at the time he or she files an Application
for Adjustment of Claim concerning this condition or impairment
with the Illinois Workers' Compensation Commission. The
rebuttable presumption established under this subsection,
however, does not apply to an emergency medical technician
(EMT), emergency medical technician-intermediate (EMT-I),
advanced emergency medical technician (A-EMT), or paramedic

employed by a private employer if the employee spends the
preponderance of his or her work time for that employer engaged
in medical transfers between medical care facilities or
non-emergency medical transfers to or from medical care
facilities. The changes made to this subsection by this
amendatory Act of the 98th General Assembly shall be narrowly
construed. The Finding and Decision of the Illinois Workers'
Compensation Commission under only the rebuttable presumption
provision of this paragraph shall not be admissible or be
deemed res judicata in any disability claim under the Illinois
Pension Code arising out of the same medical condition;
however, this sentence makes no change to the law set forth in
Krohe v. City of Bloomington, 204 Ill.2d 392.
The insurance carrier liable shall be the carrier whose
policy was in effect covering the employer liable on the last
day of the exposure rendering such employer liable in
accordance with the provisions of this Act.
(e) "Disablement" means an impairment or partial
impairment, temporary or permanent, in the function of the body
or any of the members of the body, or the event of becoming
disabled from earning full wages at the work in which the
employee was engaged when last exposed to the hazards of the
occupational disease by the employer from whom he or she claims
compensation, or equal wages in other suitable employment; and
"disability" means the state of being so incapacitated.
(f) No compensation shall be payable for or on account of

any occupational disease unless disablement, as herein
defined, occurs within two years after the last day of the last
exposure to the hazards of the disease, except in cases of
occupational disease caused by berylliosis or by the inhalation
of silica dust or asbestos dust and, in such cases, within 3
years after the last day of the last exposure to the hazards of
such disease and except in the case of occupational disease
caused by exposure to radiological materials or equipment, and
in such case, within 25 years after the last day of last
exposure to the hazards of such disease.
(g)(1) In any proceeding before the Commission in which the
employee is a COVID-19 first responder or front-line worker as
defined in this subsection, if the employee's injury or
occupational disease resulted from exposure to and contraction
of COVID-19, the exposure and contraction shall be rebuttably
presumed to have arisen out of and in the course of the
employee's first responder or front-line worker employment and
the injury or occupational disease shall be rebuttably presumed
to be causally connected to the hazards or exposures of the
employee's first responder or front-line worker employment.
(2) The term "COVID-19 first responder or front-line
worker" means: all individuals employed as police, fire
personnel, emergency medical technicians, or paramedics; all
individuals employed and considered as first responders; all
workers for health care providers, including nursing homes and
rehabilitation facilities and home care workers; corrections

officers; and any individuals employed by essential businesses
and operations as defined in Executive Order 2020-10 dated
March 20, 2020, as long as individuals employed by essential
businesses and operations are required by their employment to
encounter members of the general public or to work in
employment locations of more than 15 employees. For purposes of
this subsection only, an employee's home or place of residence
is not a place of employment, except for home care workers.
(3) The presumption created in this subsection may be
rebutted by evidence, including, but not limited to, the
following:
(A) the employee was working from his or her home, on
leave from his or her employment, or some combination
thereof, for a period of 14 or more consecutive days
immediately prior to the employee's injury, occupational
disease, or period of incapacity resulted from exposure to
COVID-19; or
(B) the employer was engaging in and applying to the
fullest extent possible or enforcing to the best of its
ability industry-specific workplace sanitation, social
distancing, and health and safety practices based on
updated guidance issued by the Centers for Disease Control
and Prevention or Illinois Department of Public Health or
was using a combination of administrative controls,
engineering controls, or personal protective equipment to
reduce the transmission of COVID-19 to all employees for at

least 14 consecutive days prior to the employee's injury,
occupational disease, or period of incapacity resulting
from exposure to COVID-19. For purposes of this subsection,
"updated" means the guidance in effect at least 14 days
prior to the COVID-19 diagnosis. For purposes of this
subsection, "personal protective equipment" means
industry-specific equipment worn to minimize exposure to
hazards that cause illnesses or serious injuries, which may
result from contact with biological, chemical,
radiological, physical, electrical, mechanical, or other
workplace hazards. "Personal protective equipment"
includes, but is not limited to, items such as face
coverings, gloves, safety glasses, safety face shields,
barriers, shoes, earplugs or muffs, hard hats,
respirators, coveralls, vests, and full body suits; or
(C) the employee was exposed to COVID-19 by an
alternate source.
(4) The rebuttable presumption created in this subsection
applies to all cases tried after the effective date of this
amendatory Act of the 101st General Assembly and in which the
diagnosis of COVID-19 was made on or after March 9, 2020 and on
or before December 31, 2020.
(5) Under no circumstances shall any COVID-19 case increase
or affect any employer's workers' compensation insurance
experience rating or modification, but COVID-19 costs may be
included in determining overall State loss costs.

(6) In order for the presumption created in this subsection
to apply at trial, for COVID-19 diagnoses occurring on or
before June 15, 2020, an employee must provide a confirmed
medical diagnosis by a licensed medical practitioner or a
positive laboratory test for COVID-19 or for COVID-19
antibodies; for COVID-19 diagnoses occurring after June 15,
2020, an employee must provide a positive laboratory test for
COVID-19 or for COVID-19 antibodies.
(7) The presumption created in this subsection does not
apply if the employee's place of employment was solely the
employee's home or residence for a period of 14 or more
consecutive days immediately prior to the employee's injury,
occupational disease, or period of incapacity resulted from
exposure to COVID-19.
(8) The date of injury or the beginning of the employee's
occupational disease or period of disability is either the date
that the employee was unable to work due to contraction of
COVID-19 or was unable to work due to symptoms that were later
diagnosed as COVID-19, whichever came first.
(9) An employee who contracts COVID-19, but fails to
establish the rebuttable presumption is not precluded from
filing for compensation under this Act or under the Workers'
Compensation Act.
(10) To qualify for temporary total disability benefits
under the presumption created in this subsection, the employee
must be certified for or recertified for temporary disability.

(11) An employer is entitled to a credit against any
liability for temporary total disability due to an employee as
a result of the employee contracting COVID-19 for (A) any sick
leave benefits or extended salary benefits paid to the employee
by the employer under Emergency Family Medical Leave Expansion
Act, Emergency Paid Sick Leave Act of the Families First
Coronavirus Response Act, or any other federal law, or (B) any
other credit to which an employer is entitled under the
Workers' Compensation Act.
(Source: P.A. 98-291, eff. 1-1-14; 98-973, eff. 8-15-14.)
Section 20. The Unemployment Insurance Act is amended by
changing Sections 401, 409, 500, 612, 1505, and 1506.6 and by
adding Section 1502.4 as follows:
(820 ILCS 405/401) (from Ch. 48, par. 401)
Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
A. With respect to any week beginning in a benefit year
beginning prior to January 4, 2004, an individual's weekly
benefit amount shall be an amount equal to the weekly benefit
amount as defined in the provisions of this Act as amended and
in effect on November 18, 2011.
B. 1. With respect to any benefit year beginning on or
after January 4, 2004 and before January 6, 2008, an
individual's weekly benefit amount shall be 48% of his or her
prior average weekly wage, rounded (if not already a multiple

of one dollar) to the next higher dollar; provided, however,
that the weekly benefit amount cannot exceed the maximum weekly
benefit amount and cannot be less than $51. Except as otherwise
provided in this Section, with respect to any benefit year
beginning on or after January 6, 2008, an individual's weekly
benefit amount shall be 47% of his or her prior average weekly
wage, rounded (if not already a multiple of one dollar) to the
next higher dollar; provided, however, that the weekly benefit
amount cannot exceed the maximum weekly benefit amount and
cannot be less than $51. With respect to any benefit year
beginning in calendar year 2022, an individual's weekly benefit
amount shall be 42.4% 40.6% of his or her prior average weekly
wage, rounded (if not already a multiple of one dollar) to the
next higher dollar; provided, however, that the weekly benefit
amount cannot exceed the maximum weekly benefit amount and
cannot be less than $51.
2. For the purposes of this subsection:
An individual's "prior average weekly wage" means the total
wages for insured work paid to that individual during the 2
calendar quarters of his base period in which such total wages
were highest, divided by 26. If the quotient is not already a
multiple of one dollar, it shall be rounded to the nearest
dollar; however if the quotient is equally near 2 multiples of
one dollar, it shall be rounded to the higher multiple of one
dollar.
"Determination date" means June 1 and December 1 of each

calendar year except that, for the purposes of this Act only,
there shall be no June 1 determination date in any year.
"Determination period" means, with respect to each June 1
determination date, the 12 consecutive calendar months ending
on the immediately preceding December 31 and, with respect to
each December 1 determination date, the 12 consecutive calendar
months ending on the immediately preceding June 30.
"Benefit period" means the 12 consecutive calendar month
period beginning on the first day of the first calendar month
immediately following a determination date, except that, with
respect to any calendar year in which there is a June 1
determination date, "benefit period" shall mean the 6
consecutive calendar month period beginning on the first day of
the first calendar month immediately following the preceding
December 1 determination date and the 6 consecutive calendar
month period beginning on the first day of the first calendar
month immediately following the June 1 determination date.
"Gross wages" means all the wages paid to individuals
during the determination period immediately preceding a
determination date for insured work, and reported to the
Director by employers prior to the first day of the third
calendar month preceding that date.
"Covered employment" for any calendar month means the total
number of individuals, as determined by the Director, engaged
in insured work at mid-month.
"Average monthly covered employment" means one-twelfth of

the sum of the covered employment for the 12 months of a
determination period.
"Statewide average annual wage" means the quotient,
obtained by dividing gross wages by average monthly covered
employment for the same determination period, rounded (if not
already a multiple of one cent) to the nearest cent.
"Statewide average weekly wage" means the quotient,
obtained by dividing the statewide average annual wage by 52,
rounded (if not already a multiple of one cent) to the nearest
cent. Notwithstanding any provision of this Section to the
contrary, the statewide average weekly wage for any benefit
period prior to calendar year 2012 shall be as determined by
the provisions of this Act as amended and in effect on November
18, 2011. Notwithstanding any provisions of this Section to the
contrary, the statewide average weekly wage for the benefit
period of calendar year 2012 shall be $856.55 and for each
calendar year thereafter, the statewide average weekly wage
shall be the statewide average weekly wage, as determined in
accordance with this sentence, for the immediately preceding
benefit period plus (or minus) an amount equal to the
percentage change in the statewide average weekly wage, as
computed in accordance with the first sentence of this
paragraph, between the 2 immediately preceding benefit
periods, multiplied by the statewide average weekly wage, as
determined in accordance with this sentence, for the
immediately preceding benefit period. However, for purposes of

the Workers' Compensation Act, the statewide average weekly
wage will be computed using June 1 and December 1 determination
dates of each calendar year and such determination shall not be
subject to the limitation of the statewide average weekly wage
as computed in accordance with the preceding sentence of this
paragraph.
With respect to any week beginning in a benefit year
beginning prior to January 4, 2004, "maximum weekly benefit
amount" with respect to each week beginning within a benefit
period shall be as defined in the provisions of this Act as
amended and in effect on November 18, 2011.
With respect to any benefit year beginning on or after
January 4, 2004 and before January 6, 2008, "maximum weekly
benefit amount" with respect to each week beginning within a
benefit period means 48% of the statewide average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar.
Except as otherwise provided in this Section, with respect
to any benefit year beginning on or after January 6, 2008,
"maximum weekly benefit amount" with respect to each week
beginning within a benefit period means 47% of the statewide
average weekly wage, rounded (if not already a multiple of one
dollar) to the next higher dollar.
With respect to any benefit year beginning in calendar year
2022, "maximum weekly benefit amount" with respect to each week
beginning within a benefit period means 42.4% 40.6% of the

statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar.
C. With respect to any week beginning in a benefit year
beginning prior to January 4, 2004, an individual's eligibility
for a dependent allowance with respect to a nonworking spouse
or one or more dependent children shall be as defined by the
provisions of this Act as amended and in effect on November 18,
2011.
With respect to any benefit year beginning on or after
January 4, 2004 and before January 6, 2008, an individual to
whom benefits are payable with respect to any week shall, in
addition to those benefits, be paid, with respect to such week,
as follows: in the case of an individual with a nonworking
spouse, 9% of his or her prior average weekly wage, rounded (if
not already a multiple of one dollar) to the next higher
dollar, provided, that the total amount payable to the
individual with respect to a week shall not exceed 57% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar; and in the
case of an individual with a dependent child or dependent
children, 17.2% of his or her prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided that the total amount payable to the
individual with respect to a week shall not exceed 65.2% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar.

With respect to any benefit year beginning on or after
January 6, 2008 and before January 1, 2010, an individual to
whom benefits are payable with respect to any week shall, in
addition to those benefits, be paid, with respect to such week,
as follows: in the case of an individual with a nonworking
spouse, 9% of his or her prior average weekly wage, rounded (if
not already a multiple of one dollar) to the next higher
dollar, provided, that the total amount payable to the
individual with respect to a week shall not exceed 56% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar; and in the
case of an individual with a dependent child or dependent
children, 18.2% of his or her prior average weekly wage,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided that the total amount payable to the
individual with respect to a week shall not exceed 65.2% of the
statewide average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar.
The additional amount paid pursuant to this subsection in
the case of an individual with a dependent child or dependent
children shall be referred to as the "dependent child
allowance", and the percentage rate by which an individual's
prior average weekly wage is multiplied pursuant to this
subsection to calculate the dependent child allowance shall be
referred to as the "dependent child allowance rate".
Except as otherwise provided in this Section, with respect

to any benefit year beginning on or after January 1, 2010, an
individual to whom benefits are payable with respect to any
week shall, in addition to those benefits, be paid, with
respect to such week, as follows: in the case of an individual
with a nonworking spouse, the greater of (i) 9% of his or her
prior average weekly wage, rounded (if not already a multiple
of one dollar) to the next higher dollar, or (ii) $15, provided
that the total amount payable to the individual with respect to
a week shall not exceed 56% of the statewide average weekly
wage, rounded (if not already a multiple of one dollar) to the
next higher dollar; and in the case of an individual with a
dependent child or dependent children, the greater of (i) the
product of the dependent child allowance rate multiplied by his
or her prior average weekly wage, rounded (if not already a
multiple of one dollar) to the next higher dollar, or (ii) the
lesser of $50 or 50% of his or her weekly benefit amount,
rounded (if not already a multiple of one dollar) to the next
higher dollar, provided that the total amount payable to the
individual with respect to a week shall not exceed the product
of the statewide average weekly wage multiplied by the sum of
47% plus the dependent child allowance rate, rounded (if not
already a multiple of one dollar) to the next higher dollar.
With respect to any benefit year beginning in calendar year
2022, an individual to whom benefits are payable with respect
to any week shall, in addition to those benefits, be paid, with
respect to such week, as follows: in the case of an individual

with a nonworking spouse, the greater of (i) 9% of his or her
prior average weekly wage, rounded (if not already a multiple
of one dollar) to the next higher dollar, or (ii) $15, provided
that the total amount payable to the individual with respect to
a week shall not exceed 51.4% 49.6% of the statewide average
weekly wage, rounded (if not already a multiple of one dollar)
to the next higher dollar; and in the case of an individual
with a dependent child or dependent children, the greater of
(i) the product of the dependent child allowance rate
multiplied by his or her prior average weekly wage, rounded (if
not already a multiple of one dollar) to the next higher
dollar, or (ii) the lesser of $50 or 50% of his or her weekly
benefit amount, rounded (if not already a multiple of one
dollar) to the next higher dollar, provided that the total
amount payable to the individual with respect to a week shall
not exceed the product of the statewide average weekly wage
multiplied by the sum of 42.4% 40.6% plus the dependent child
allowance rate, rounded (if not already a multiple of one
dollar) to the next higher dollar.
With respect to each benefit year beginning after calendar
year 2012, the dependent child allowance rate shall be the sum
of the allowance adjustment applicable pursuant to Section
1400.1 to the calendar year in which the benefit year begins,
plus the dependent child allowance rate with respect to each
benefit year beginning in the immediately preceding calendar
year, except as otherwise provided in this subsection. The

dependent child allowance rate with respect to each benefit
year beginning in calendar year 2010 shall be 17.9%. The
dependent child allowance rate with respect to each benefit
year beginning in calendar year 2011 shall be 17.4%. The
dependent child allowance rate with respect to each benefit
year beginning in calendar year 2012 shall be 17.0% and, with
respect to each benefit year beginning after calendar year
2012, shall not be less than 17.0% or greater than 17.9%.
For the purposes of this subsection:
"Dependent" means a child or a nonworking spouse.
"Child" means a natural child, stepchild, or adopted child
of an individual claiming benefits under this Act or a child
who is in the custody of any such individual by court order,
for whom the individual is supplying and, for at least 90
consecutive days (or for the duration of the parental
relationship if it has existed for less than 90 days)
immediately preceding any week with respect to which the
individual has filed a claim, has supplied more than one-half
the cost of support, or has supplied at least 1/4 of the cost
of support if the individual and the other parent, together,
are supplying and, during the aforesaid period, have supplied
more than one-half the cost of support, and are, and were
during the aforesaid period, members of the same household; and
who, on the first day of such week (a) is under 18 years of age,
or (b) is, and has been during the immediately preceding 90
days, unable to work because of illness or other disability:

provided, that no person who has been determined to be a child
of an individual who has been allowed benefits with respect to
a week in the individual's benefit year shall be deemed to be a
child of the other parent, and no other person shall be
determined to be a child of such other parent, during the
remainder of that benefit year.
"Nonworking spouse" means the lawful husband or wife of an
individual claiming benefits under this Act, for whom more than
one-half the cost of support has been supplied by the
individual for at least 90 consecutive days (or for the
duration of the marital relationship if it has existed for less
than 90 days) immediately preceding any week with respect to
which the individual has filed a claim, but only if the
nonworking spouse is currently ineligible to receive benefits
under this Act by reason of the provisions of Section 500E.
An individual who was obligated by law to provide for the
support of a child or of a nonworking spouse for the aforesaid
period of 90 consecutive days, but was prevented by illness or
injury from doing so, shall be deemed to have provided more
than one-half the cost of supporting the child or nonworking
spouse for that period.
(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
(820 ILCS 405/409) (from Ch. 48, par. 409)
Sec. 409. Extended Benefits.
A. For the purposes of this Section:

1. "Extended benefit period" means a period which
begins with the third week after a week for which there is
a State "on" indicator; and ends with either of the
following weeks, whichever occurs later: (1) the third week
after the first week for which there is a State "off"
indicator, or (2) the thirteenth consecutive week of such
period. No extended benefit period shall begin by reason of
a State "on" indicator before the fourteenth week following
the end of a prior extended benefit period.
2. There is a "State 'on' indicator" for a week if (a)
the Director determines, in accordance with the
regulations of the United States Secretary of Labor or
other appropriate Federal agency, that for the period
consisting of such week and the immediately preceding
twelve weeks, the rate of insured unemployment (not
seasonally adjusted) in this State (1) equaled or exceeded
5% and equaled or exceeded 120% of the average of such
rates for the corresponding 13-week period ending in each
of the preceding 2 calendar years, or (2) equaled or
exceeded 6 percent, or (b) the United States Secretary of
Labor determines that (1) the average rate of total
unemployment in this State (seasonally adjusted) for the
period consisting of the most recent 3 months for which
data for all states are published before the close of such
week equals or exceeds 6.5%, and (2) the average rate of
total unemployment in this State (seasonally adjusted) for

the 3-month period referred to in (1) equals or exceeds
110% of such average rate for either (or both) of the
corresponding 3-month periods ending in the 2 preceding
calendar years. Clause (b) of this paragraph shall only
apply to weeks beginning on or after February 22, 2009,
through the end of the fourth week prior to the last week
for which federal sharing is provided as authorized by
Section 2005(a) of Public Law 111-5 without regard to
Section 2005(c) of Public Law 111-5 and is inoperative as
of the end of the last week for which federal sharing is
provided as authorized by Section 2005(a) of Public Law
111-5 and to weeks beginning on or after March 15, 2020
through the end of the fourth week prior to the last week
for which federal sharing is provided as authorized by
Section 4105 of Public Law 116-127, or any amendments
thereto, and is inoperative as of the end of the last week
for which federal sharing is provided as authorized by
Section 4105 of Public Law 116-127, or any amendments
thereto.
2.1. With respect to benefits for weeks of unemployment
beginning after December 17, 2010, and ending on or before
the earlier of the latest date permitted under federal law
or the end of the fourth week prior to the last week for
which federal sharing is provided as authorized by Section
2005(a) of Public Law 111-5 without regard to Section
2005(c) of Public Law 111-5, the determination of whether

there has been a State "on" indicator pursuant to paragraph
2 shall be made as if, in clause (a) of paragraph 2, the
phrase "2 calendar years" were "3 calendar years" and as
if, in clause (b) of paragraph 2, the word "either" were
"any", the word "both" were "all", and the phrase "2
preceding calendar years" were "3 preceding calendar
years".
3. There is a "State 'off' indicator" for a week if
there is not a State 'on' indicator for the week pursuant
to paragraph 2.
4. "Rate of insured unemployment", for the purpose of
paragraph 2, means the percentage derived by dividing (a)
the average weekly number of individuals filing claims for
"regular benefits" in this State for weeks of unemployment
with respect to the most recent 13 consecutive week period,
as determined by the Director on the basis of his reports
to the United States Secretary of Labor or other
appropriate Federal agency, by (b) the average monthly
employment covered under this Act for the first four of the
most recent six completed calendar quarters ending before
the close of such 13-week period.
5. "Regular benefits" means benefits, other than
extended benefits and additional benefits, payable to an
individual (including dependents' allowances) under this
Act or under any other State unemployment compensation law
(including benefits payable to Federal civilian employees

and ex-servicemen pursuant to 5 U.S.C. chapter 85).
6. "Extended benefits" means benefits (including
benefits payable to Federal civilian employees and
ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to
an individual under the provisions of this Section for
weeks which begin in his eligibility period.
7. "Additional benefits" means benefits totally
financed by a State and payable to exhaustees (as defined
in subsection C) by reason of conditions of high
unemployment or by reason of other specified factors. If an
individual is eligible to receive extended benefits under
the provisions of this Section and is eligible to receive
additional benefits with respect to the same week under the
law of another State, he may elect to claim either extended
benefits or additional benefits with respect to the week.
8. "Eligibility period" means the period consisting of
the weeks in an individual's benefit year which begin in an
extended benefit period and, if his benefit year ends
within such extended benefit period, any weeks thereafter
which begin in such period. An individual's eligibility
period shall also include such other weeks as federal law
may allow.
9. Notwithstanding any other provision to the
contrary, no employer shall be liable for payments in lieu
of contributions pursuant to Section 1404, by reason of the
payment of extended benefits which are wholly reimbursed to

this State by the Federal Government or would have been
wholly reimbursed to this State by the Federal Government
if the employer had paid all of the claimant's wages during
the applicable base period. Extended benefits shall not
become benefit charges under Section 1501.1 if they are
wholly reimbursed to this State by the Federal Government
or would have been wholly reimbursed to this State by the
Federal Government if the employer had paid all of the
claimant's wages during the applicable base period. For
purposes of this paragraph, extended benefits will be
considered to be wholly reimbursed by the Federal
Government notwithstanding the operation of Section
204(a)(2)(D) of the Federal-State Extended Unemployment
Compensation Act of 1970.
B. An individual shall be eligible to receive extended
benefits pursuant to this Section for any week which begins in
his eligibility period if, with respect to such week (1) he has
been paid wages for insured work during his base period equal
to at least 1 1/2 times the wages paid in that calendar quarter
of his base period in which such wages were highest; (2) he has
met the requirements of Section 500E of this Act; (3) he is an
exhaustee; and (4) except when the result would be inconsistent
with the provisions of this Section, he has satisfied the
requirements of this Act for the receipt of regular benefits.
C. An individual is an exhaustee with respect to a week
which begins in his eligibility period if:

1. Prior to such week (a) he has received, with respect
to his current benefit year that includes such week, the
maximum total amount of benefits to which he was entitled
under the provisions of Section 403B, and all of the
regular benefits (including dependents' allowances) to
which he had entitlement (if any) on the basis of wages or
employment under any other State unemployment compensation
law; or (b) he has received all the regular benefits
available to him with respect to his current benefit year
that includes such week, under this Act and under any other
State unemployment compensation law, after a cancellation
of some or all of his wage credits or the partial or total
reduction of his regular benefit rights; or (c) his benefit
year terminated, and he cannot meet the qualifying wage
requirements of Section 500E of this Act or the qualifying
wage or employment requirements of any other State
unemployment compensation law to establish a new benefit
year which would include such week or, having established a
new benefit year that includes such week, he is ineligible
for regular benefits by reason of Section 607 of this Act
or a like provision of any other State unemployment
compensation law; and
2. For such week (a) he has no right to benefits or
allowances, as the case may be, under the Railroad
Unemployment Insurance Act, or such other Federal laws as
are specified in regulations of the United States Secretary

of Labor or other appropriate Federal agency; and (b) he
has not received and is not seeking benefits under the
unemployment compensation law of Canada, except that if he
is seeking such benefits and the appropriate agency finally
determines that he is not entitled to benefits under such
law, this clause shall not apply.
3. For the purposes of clauses (a) and (b) of paragraph
1 of this subsection, an individual shall be deemed to have
received, with respect to his current benefit year, the
maximum total amount of benefits to which he was entitled
or all of the regular benefits to which he had entitlement,
or all of the regular benefits available to him, as the
case may be, even though (a) as a result of a pending
reconsideration or appeal with respect to the "finding"
defined in Section 701, or of a pending appeal with respect
to wages or employment or both under any other State
unemployment compensation law, he may subsequently be
determined to be entitled to more regular benefits; or (b)
by reason of a seasonality provision in a State
unemployment compensation law which establishes the weeks
of the year for which regular benefits may be paid to
individuals on the basis of wages in seasonal employment he
may be entitled to regular benefits for future weeks but
such benefits are not payable with respect to the week for
which he is claiming extended benefits, provided that he is
otherwise an exhaustee under the provisions of this

subsection with respect to his rights to regular benefits,
under such seasonality provision, during the portion of the
year in which that week occurs; or (c) having established a
benefit year, no regular benefits are payable to him with
respect to such year because his wage credits were
cancelled or his rights to regular benefits were totally
reduced by reason of the application of a disqualification
provision of a State unemployment compensation law.
D. 1. The provisions of Section 607 and the waiting period
requirements of Section 500D shall not be applicable to any
week with respect to which benefits are otherwise payable
under this Section.
2. An individual shall not cease to be an exhaustee
with respect to any week solely because he meets the
qualifying wage requirements of Section 500E for a part of
such week.
E. With respect to any week which begins in his eligibility
period, an exhaustee's "weekly extended benefit amount" shall
be the same as his weekly benefit amount during his benefit
year which includes such week or, if such week is not in a
benefit year, during his applicable benefit year, as defined in
regulations issued by the United States Secretary of Labor or
other appropriate Federal agency. If the exhaustee had more
than one weekly benefit amount during his benefit year, his
weekly extended benefit amount with respect to such week shall
be the latest of such weekly benefit amounts.

F. 1. An eligible exhaustee shall be entitled, during any
eligibility period, to a maximum total amount of extended
benefits equal to the lesser of the following amounts, not
including any Federal Pandemic Unemployment Compensation
amounts provided for in Section 2104 of Public Law 116-136:
a. Fifty percent of the maximum total amount of
benefits to which he was entitled under Section 403B during
his applicable benefit year;
b. Thirteen times his weekly extended benefit amount as
determined under subsection E; or
c. Thirty-nine times his or her average weekly extended
benefit amount, reduced by the regular benefits (not
including any dependents' allowances) paid to him or her
during such benefit year.
2. An eligible exhaustee shall be entitled, during a "high
unemployment period", to a maximum total amount of extended
benefits equal to the lesser of the following amounts:
a. Eighty percent of the maximum total amount of
benefits to which he or she was entitled under Section 403B
during his or her applicable benefit year;
b. Twenty times his or her weekly extended benefit
amount as determined under subsection E; or
c. Forty-six times his or her average weekly extended
benefit amount, reduced by the regular benefits (not
including any dependents' allowances) paid to him or her
during such benefit year.

For purposes of this paragraph, the term "high unemployment
period" means any period during which (i) clause (b) of
paragraph (2) of subsection A is operative and (ii) an extended
benefit period would be in effect if clause (b) of paragraph
(2) of subsection A of this Section were applied by
substituting "8%" for "6.5%".
3. Notwithstanding paragraphs 1 and 2 of this subsection F,
and if the benefit year of an individual ends within an
extended benefit period, the remaining balance of extended
benefits that the individual would, but for this subsection F,
be otherwise entitled to receive in that extended benefit
period, for weeks of unemployment beginning after the end of
the benefit year, shall be reduced (but not below zero) by the
product of the number of weeks for which the individual
received any amounts as trade readjustment allowances as
defined in the federal Trade Act of 1974 within that benefit
year multiplied by his weekly benefit amount for extended
benefits.
G. 1. A claims adjudicator shall examine the first claim
filed by an individual with respect to his eligibility
period and, on the basis of the information in his
possession, shall make an "extended benefits finding".
Such finding shall state whether or not the individual has
met the requirement of subsection B(1), is an exhaustee
and, if he is, his weekly extended benefit amount and the
maximum total amount of extended benefits to which he is

entitled. The claims adjudicator shall promptly notify the
individual of his "extended benefits finding", and shall
promptly notify the individual's most recent employing
unit and the individual's last employer (referred to in
Section 1502.1) that the individual has filed a claim for
extended benefits. The claims adjudicator may reconsider
his "extended benefits finding" at any time within one year
after the close of the individual's eligibility period, and
shall promptly notify the individual of such reconsidered
finding. All of the provisions of this Act applicable to
reviews from findings or reconsidered findings made
pursuant to Sections 701 and 703 which are not inconsistent
with the provisions of this subsection shall be applicable
to reviews from extended benefits findings and
reconsidered extended benefits findings.
2. If, pursuant to the reconsideration or appeal with
respect to a "finding", referred to in paragraph 3 of
subsection C, an exhaustee is found to be entitled to more
regular benefits and, by reason thereof, is entitled to
more extended benefits, the claims adjudicator shall make a
reconsidered extended benefits finding and shall promptly
notify the exhaustee thereof.
H. Whenever an extended benefit period is to begin in this
State because there is a State "on" indicator, or whenever an
extended benefit period is to end in this State because there
is a State "off" indicator, the Director shall make an

appropriate public announcement.
I. Computations required by the provisions of paragraph 4
of subsection A shall be made by the Director in accordance
with regulations prescribed by the United States Secretary of
Labor, or other appropriate Federal agency.
J. 1. Interstate Benefit Payment Plan means the plan
approved by the Interstate Conference of Employment
Security Agencies under which benefits shall be payable to
unemployed individuals absent from the state (or states) in
which benefit credits have been accumulated.
2. An individual who commutes from his state of
residence to work in another state and continues to reside
in such state of residence while filing his claim for
unemployment insurance under this Section of the Act shall
not be considered filing a claim under the Interstate
Benefit Payment Plan so long as he files his claim in and
continues to report to the employment office under the
regulations applicable to intrastate claimants in the
state in which he was so employed.
3. "State" when used in this subsection includes States
of the United States of America, the District of Columbia,
Puerto Rico and the Virgin Islands. For purposes of this
subsection, the term "state" shall also be construed to
include Canada.
4. Notwithstanding any other provision of this Act, an
individual shall be eligible for a maximum of 2 weeks of

benefits payable under this Section after he files his
initial claim for extended benefits in an extended benefit
period, as defined in paragraph 1 of subsection A, under
the Interstate Benefit Payment Plan unless there also
exists an extended benefit period, as defined in paragraph
1 of subsection A, in the state where such claim is filed.
Such maximum eligibility shall continue as long as the
individual continues to file his claim under the Interstate
Benefit Payment Plan, notwithstanding that the individual
moves to another state where an extended benefit period
exists and files for weeks prior to his initial Interstate
claim in that state.
5. To assure full tax credit to the employers of this
state against the tax imposed by the Federal Unemployment
Tax Act, the Director shall take any action or issue any
regulations necessary in the administration of this
subsection to insure that its provisions are so interpreted
and applied as to meet the requirements of such Federal Act
as interpreted by the United States Secretary of Labor or
other appropriate Federal agency.
K. 1. Notwithstanding any other provisions of this Act, an
individual shall be ineligible for the payment of extended
benefits for any week of unemployment in his eligibility
period if the Director finds that during such period:
a. he failed to accept any offer of suitable work
(as defined in paragraph 3 below) or failed to apply

for any suitable work to which he was referred by the
Director; or
b. he failed to actively engage in seeking work as
prescribed under paragraph 5 below.
2. Any individual who has been found ineligible for
extended benefits by reason of the provisions of paragraph
1 of this subsection shall be denied benefits beginning
with the first day of the week in which such failure has
occurred and until he has been employed in each of 4
subsequent weeks (whether or not consecutive) and has
earned remuneration equal to at least 4 times his weekly
benefit amount.
3. For purposes of this subsection only, the term
"suitable work" means, with respect to any individual, any
work which is within such individual's capabilities,
provided, however, that the gross average weekly
remuneration payable for the work:
a. must exceed the sum of (i) the individual's
extended weekly benefit amount as determined under
subsection E above plus (ii) the amount, if any, of
supplemental unemployment benefits (as defined in
Section 501(c)(17)(D) of the Internal Revenue Code of
1954) payable to such individual for such week; and
further,
b. is not less than the higher of --
(i) the minimum wage provided by Section 6

(a)(1) of the Fair Labor Standards Act of 1938,
without regard to any exemption; or
(ii) the applicable state or local minimum
wage;
c. provided, however, that no individual shall be
denied extended benefits for failure to accept an offer
of or apply for any job which meets the definition of
suitability as described above if:
(i) the position was not offered to such
individual in writing or was not listed with the
employment service;
(ii) such failure could not result in a denial
of benefits under the definition of suitable work
for regular benefits claimants in Section 603 to
the extent that the criteria of suitability in that
Section are not inconsistent with the provisions
of this paragraph 3;
(iii) the individual furnishes satisfactory
evidence to the Director that his prospects for
obtaining work in his customary occupation within
a reasonably short period are good. If such
evidence is deemed satisfactory for this purpose,
the determination of whether any work is suitable
with respect to such individual shall be made in
accordance with the definition of suitable work
for regular benefits in Section 603 without regard

to the definition specified by this paragraph.
4. Notwithstanding the provisions of paragraph 3 to the
contrary, no work shall be deemed to be suitable work for
an individual which does not accord with the labor standard
provisions required by Section 3304(a)(5) of the Internal
Revenue Code of 1954 and set forth herein under Section 603
of this Act.
5. For the purposes of subparagraph b of paragraph 1,
an individual shall be treated as actively engaged in
seeking work during any week if --
a. the individual has engaged in a systematic and
sustained effort to obtain work during such week, and
b. the individual furnishes tangible evidence that
he has engaged in such effort during such week.
6. The employment service shall refer any individual
entitled to extended benefits under this Act to any
suitable work which meets the criteria prescribed in
paragraph 3.
7. Notwithstanding any other provision of this Act, an
individual shall not be eligible to receive extended
benefits, otherwise payable under this Section, with
respect to any week of unemployment in his eligibility
period if such individual has been held ineligible for
benefits under the provisions of Sections 601, 602 or 603
of this Act until such individual had requalified for such
benefits by returning to employment and satisfying the

monetary requalification provision by earning at least his
weekly benefit amount.
8. In response to the COVID-19 public health emergency,
the Director may prescribe such rules as allowed by federal
law limiting the work search requirements under subsection
K.
L. The Governor may, if federal law so allows, elect, in
writing, to pay individuals, otherwise eligible for extended
benefits pursuant to this Section, any other federally funded
unemployment benefits, including but not limited to benefits
payable pursuant to the federal Supplemental Appropriations
Act, 2008, as amended, and Public Law 116-136, prior to paying
them benefits under this Section.
M. The provisions of this Section, as revised by this
amendatory Act of the 96th General Assembly, are retroactive to
February 22, 2009. The provisions of this amendatory Act of the
96th General Assembly with regard to subsection L and paragraph
8 of subsection A clarify authority already provided.
N. The provisions of this Section, as revised by this
amendatory Act of the 101st General Assembly, are retroactive
to March 15, 2020.
(Source: P.A. 96-30, eff. 6-30-09; 97-1, eff. 3-31-11.)
(820 ILCS 405/500) (from Ch. 48, par. 420)
Sec. 500. Eligibility for benefits. An unemployed
individual shall be eligible to receive benefits with respect

to any week only if the Director finds that:
A. He has registered for work at and thereafter has
continued to report at an employment office in accordance
with such regulations as the Director may prescribe, except
that the Director may, by regulation, waive or alter either
or both of the requirements of this subsection as to
individuals attached to regular jobs, and as to such other
types of cases or situations with respect to which he finds
that compliance with such requirements would be oppressive
or inconsistent with the purposes of this Act, provided
that no such regulation shall conflict with Section 400 of
this Act.
B. He has made a claim for benefits with respect to
such week in accordance with such regulations as the
Director may prescribe.
C. He is able to work, and is available for work;
provided that during the period in question he was actively
seeking work and he has certified such. Whenever requested
to do so by the Director, the individual shall, in the
manner the Director prescribes by regulation, inform the
Department of the places at which he has sought work during
the period in question. Nothing in this subsection shall
limit the Director's approval of alternate methods of
demonstrating an active search for work based on regular
reporting to a trade union office.
1. If an otherwise eligible individual is unable to

work or is unavailable for work on any normal workday
of the week, he shall be eligible to receive benefits
with respect to such week reduced by one-fifth of his
weekly benefit amount for each day of such inability to
work or unavailability for work. For the purposes of
this paragraph, an individual who reports on a day
subsequent to his designated report day shall be deemed
unavailable for work on his report day if his failure
to report on that day is without good cause, and on
each intervening day, if any, on which his failure to
report is without good cause. As used in the preceding
sentence, "report day" means the day which has been
designated for the individual to report to file his
claim for benefits with respect to any week. This
paragraph shall not be construed so as to effect any
change in the status of part-time workers as defined in
Section 407.
2. An individual shall be considered to be
unavailable for work on days listed as whole holidays
in "An Act to revise the law in relation to promissory
notes, bonds, due bills and other instruments in
writing," approved March 18, 1874, as amended; on days
which are holidays in his religion or faith, and on
days which are holidays according to the custom of his
trade or occupation, if his failure to work on such day
is a result of the holiday. In determining the

claimant's eligibility for benefits and the amount to
be paid him, with respect to the week in which such
holiday occurs, he shall have attributed to him as
additional earnings for that week an amount equal to
one-fifth of his weekly benefit amount for each normal
work day on which he does not work because of a holiday
of the type above enumerated.
3. An individual shall be deemed unavailable for
work if, after his separation from his most recent
employing unit, he has removed himself to and remains
in a locality where opportunities for work are
substantially less favorable than those in the
locality he has left.
4. An individual shall be deemed unavailable for
work with respect to any week which occurs in a period
when his principal occupation is that of a student in
attendance at, or on vacation from, a public or private
school.
5. Notwithstanding any other provisions of this
Act, an individual shall not be deemed unavailable for
work or to have failed actively to seek work, nor shall
he be ineligible for benefits by reason of the
application of the provisions of Section 603, with
respect to any week, because he is enrolled in and is
in regular attendance at a training course approved for
him by the Director:

(a) but only if, with respect to that week, the
individual presents, upon request, to the claims
adjudicator referred to in Section 702 a statement
executed by a responsible person connected with
the training course, certifying that the
individual was in full-time attendance at such
course during the week. The Director may approve
such course for an individual only if he finds that
(1) reasonable work opportunities for which the
individual is fitted by training and experience do
not exist in his locality; (2) the training course
relates to an occupation or skill for which there
are, or are expected to be in the immediate future,
reasonable work opportunities in his locality; (3)
the training course is offered by a competent and
reliable agency, educational institution, or
employing unit; (4) the individual has the
required qualifications and aptitudes to complete
the course successfully; and (5) the individual is
not receiving and is not eligible (other than
because he has claimed benefits under this Act) for
subsistence payments or similar assistance under
any public or private retraining program:
Provided, that the Director shall not disapprove
such course solely by reason of clause (5) if the
subsistence payment or similar assistance is

subject to reduction by an amount equal to any
benefits payable to the individual under this Act
in the absence of the clause. In the event that an
individual's weekly unemployment compensation
benefit is less than his certified training
allowance, that person shall be eligible to
receive his entire unemployment compensation
benefits, plus such supplemental training
allowances that would make an applicant's total
weekly benefit identical to the original certified
training allowance.
(b) The Director shall have the authority to
grant approval pursuant to subparagraph (a) above
prior to an individual's formal admission into a
training course. Requests for approval shall not
be made more than 30 days prior to the actual
starting date of such course. Requests shall be
made at the appropriate unemployment office.
(c) The Director shall for purposes of
paragraph C have the authority to issue a blanket
approval of training programs implemented pursuant
to the federal Workforce Innovation and
Opportunity Act if both the training program and
the criteria for an individual's participation in
such training meet the requirements of this
paragraph C.

(d) Notwithstanding the requirements of
subparagraph (a), the Director shall have the
authority to issue blanket approval of training
programs implemented under the terms of a
collective bargaining agreement.
6. Notwithstanding any other provisions of this
Act, an individual shall not be deemed unavailable for
work or to have failed actively to seek work, nor shall
he be ineligible for benefits, by reason of the
application of the provisions of Section 603 with
respect to any week because he is in training approved
under Section 236 (a)(1) of the federal Trade Act of
1974, nor shall an individual be ineligible for
benefits under the provisions of Section 601 by reason
of leaving work voluntarily to enter such training if
the work left is not of a substantially equal or higher
skill level than the individual's past adversely
affected employment as defined under the federal Trade
Act of 1974 and the wages for such work are less than
80% of his average weekly wage as determined under the
federal Trade Act of 1974.
D. If his benefit year begins prior to July 6, 1975 or
subsequent to January 2, 1982, he has been unemployed for a
waiting period of 1 week during such benefit year. If his
benefit year begins on or after July 6, 1975, but prior to
January 3, 1982, and his unemployment continues for more

than three weeks during such benefit year, he shall be
eligible for benefits with respect to each week of such
unemployment, including the first week thereof. An
individual shall be deemed to be unemployed within the
meaning of this subsection while receiving public
assistance as remuneration for services performed on work
projects financed from funds made available to
governmental agencies for such purpose. No week shall be
counted as a week of unemployment for the purposes of this
subsection:
1. Unless it occurs within the benefit year which
includes the week with respect to which he claims
payment of benefits, provided that, for benefit years
beginning prior to January 3, 1982, this requirement
shall not interrupt the payment of benefits for
consecutive weeks of unemployment; and provided
further that the week immediately preceding a benefit
year, if part of one uninterrupted period of
unemployment which continues into such benefit year,
shall be deemed (for the purpose of this subsection
only and with respect to benefit years beginning prior
to January 3, 1982, only) to be within such benefit
year, as well as within the preceding benefit year, if
the unemployed individual would, except for the
provisions of the first paragraph and paragraph 1 of
this subsection and of Section 605, be eligible for and

entitled to benefits for such week.
2. If benefits have been paid with respect thereto.
3. Unless the individual was eligible for benefits
with respect thereto except for the requirements of
this subsection and of Section 605.
D-5. Notwithstanding subsection D, if the individual's
benefit year begins on or after March 8, 2020, but prior to
the week following the later of (a) the last week of a
disaster period established by the Gubernatorial Disaster
Proclamation in response to COVID-19, dated March 9, 2020,
and any subsequent Gubernatorial Disaster Proclamation in
response to COVID-19 or (b) the last week for which federal
sharing is provided as authorized by Section 2105 of Public
Law 116-136 or any amendment thereto, the individual is not
subject to the requirement that the individual be
unemployed for a waiting period of one week during such
benefit year.
E. With respect to any benefit year beginning prior to
January 3, 1982, he has been paid during his base period
wages for insured work not less than the amount specified
in Section 500E of this Act as amended and in effect on
October 5, 1980. With respect to any benefit year beginning
on or after January 3, 1982, he has been paid during his
base period wages for insured work equal to not less than
$1,600, provided that he has been paid wages for insured
work equal to at least $440 during that part of his base

period which does not include the calendar quarter in which
the wages paid to him were highest.
F. During that week he has participated in reemployment
services to which he has been referred, including but not
limited to job search assistance services, pursuant to a
profiling system established by the Director by rule in
conformity with Section 303(j)(1) of the federal Social
Security Act, unless the Director determines that:
1. the individual has completed such services; or
2. there is justifiable cause for the claimant's
failure to participate in such services.
This subsection F is added by this amendatory Act of
1995 to clarify authority already provided under
subsections A and C in connection with the unemployment
insurance claimant profiling system required under
subsections (a)(10) and (j)(1) of Section 303 of the
federal Social Security Act as a condition of federal
funding for the administration of the Unemployment
Insurance Act.
(Source: P.A. 100-477, eff. 9-8-17.)
(820 ILCS 405/612) (from Ch. 48, par. 442)
Sec. 612. Academic Personnel - Ineligibility between
academic years or terms.
A. Benefits based on wages for services which are
employment under the provisions of Sections 211.1, 211.2, and

302C shall be payable in the same amount, on the same terms,
and subject to the same conditions as benefits payable on the
basis of wages for other services which are employment under
this Act; except that:
1. An individual shall be ineligible for benefits, on
the basis of wages for employment in an instructional,
research, or principal administrative capacity performed
for an institution of higher education, for any week which
begins during the period between two successive academic
years, or during a similar period between two regular
terms, whether or not successive, or during a period of
paid sabbatical leave provided for in the individual's
contract, if the individual has a contract or contracts to
perform services in any such capacity for any institution
or institutions of higher education for both such academic
years or both such terms.
This paragraph 1 shall apply with respect to any week
which begins prior to January 1, 1978.
2. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity other than those referred to in paragraph 1,
performed for an institution of higher learning, for any
week which begins after September 30, 1983, during a period
between two successive academic years or terms, if the
individual performed such service in the first of such
academic years or terms and there is a reasonable assurance

that the individual will perform such service in the second
of such academic years or terms.
3. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity other than those referred to in paragraph 1,
performed for an institution of higher education, for any
week which begins after January 5, 1985, during an
established and customary vacation period or holiday
recess, if the individual performed such service in the
period immediately before such vacation period or holiday
recess and there is a reasonable assurance that the
individual will perform such service in the period
immediately following such vacation period or holiday
recess.
B. Benefits based on wages for services which are
employment under the provisions of Sections 211.1 and 211.2
shall be payable in the same amount, on the same terms, and
subject to the same conditions, as benefits payable on the
basis of wages for other services which are employment under
this Act, except that:
1. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in an
instructional, research, or principal administrative
capacity performed for an educational institution, for any
week which begins after December 31, 1977, during a period
between two successive academic years, or during a similar

period between two regular terms, whether or not
successive, or during a period of paid sabbatical leave
provided for in the individual's contract, if the
individual performed such service in the first of such
academic years (or terms) and if there is a contract or a
reasonable assurance that the individual will perform
service in any such capacity for any educational
institution in the second of such academic years (or
terms).
2. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity other than those referred to in paragraph 1,
performed for an educational institution, for any week
which begins after December 31, 1977, during a period
between two successive academic years or terms, if the
individual performed such service in the first of such
academic years or terms and there is a reasonable assurance
that the individual will perform such service in the second
of such academic years or terms.
3. An individual shall be ineligible for benefits, on
the basis of wages for service in employment in any
capacity performed for an educational institution, for any
week which begins after January 5, 1985, during an
established and customary vacation period or holiday
recess, if the individual performed such service in the
period immediately before such vacation period or holiday

recess and there is a reasonable assurance that the
individual will perform such service in the period
immediately following such vacation period or holiday
recess.
4. An individual shall be ineligible for benefits on
the basis of wages for service in employment in any
capacity performed in an educational institution while in
the employ of an educational service agency for any week
which begins after January 5, 1985, (a) during a period
between two successive academic years or terms, if the
individual performed such service in the first of such
academic years or terms and there is a reasonable assurance
that the individual will perform such service in the second
of such academic years or terms; and (b) during an
established and customary vacation period or holiday
recess, if the individual performed such service in the
period immediately before such vacation period or holiday
recess and there is a reasonable assurance that the
individual will perform such service in the period
immediately following such vacation period or holiday
recess. The term "educational service agency" means a
governmental agency or governmental entity which is
established and operated exclusively for the purpose of
providing such services to one or more educational
institutions.
C. 1. If benefits are denied to any individual under the

provisions of paragraph 2 of either subsection A or B of this
Section for any week which begins on or after September 3, 1982
and such individual is not offered a bona fide opportunity to
perform such services for the educational institution for the
second of such academic years or terms, such individual shall
be entitled to a retroactive payment of benefits for each week
for which the individual filed a timely claim for benefits as
determined by the rules and regulations issued by the Director
for the filing of claims for benefits, provided that such
benefits were denied solely because of the provisions of
paragraph 2 of either subsection A or B of this Section.
2. If benefits on the basis of wages for service in
employment in other than an instructional, research, or
principal administrative capacity performed in an educational
institution while in the employ of an educational service
agency are denied to any individual under the provisions of
subparagraph (a) of paragraph 4 of subsection B and such
individual is not offered a bona fide opportunity to perform
such services in an educational institution while in the employ
of an educational service agency for the second of such
academic years or terms, such individual shall be entitled to a
retroactive payment of benefits for each week for which the
individual filed a timely claim for benefits as determined by
the rules and regulations issued by the Director for the filing
of claims for benefits, provided that such benefits were denied
solely because of subparagraph (a) of paragraph 4 of subsection

B of this Section.
D. Notwithstanding any other provision in this Section or
paragraph 2 of subsection C of Section 500 to the contrary,
with respect to a week of unemployment beginning on or after
March 15, 2020, and before December 31, 2020, benefits shall be
payable to an individual on the basis of wages for employment
in other than an instructional, research, or principal
administrative capacity performed for an educational
institution or an educational service agency under any of the
circumstances described in this Section, to the extent
permitted under Section 3304(a)(6) of the Federal Unemployment
Tax Act, as long as the individual is otherwise eligible for
benefits.
(Source: P.A. 87-1178.)
(820 ILCS 405/1502.4 new)
Sec. 1502.4. Benefit charges; COVID-19.
A. With respect to any benefits paid for a week of
unemployment that begins on or after March 15, 2020, and before
December 31, 2020, and is directly or indirectly attributable
to COVID-19, notwithstanding any other provisions to the
contrary an employer that is subject to the payment of
contributions shall not be chargeable for any benefit charges.
B. With respect to any regular benefits paid for a week of
unemployment that begins on or after March 15, 2020, and before
December 31, 2020, and is directly or indirectly attributable

to COVID-19, notwithstanding any other provisions to the
contrary except subsection E, a nonprofit organization that is
subject to making payments in lieu of contributions shall be
chargeable for 50% of the benefits paid.
C. With respect to any benefits paid for a week of
unemployment that begins on or after March 15, 2020, and before
December 31, 2020, and is directly or indirectly attributable
to COVID-19, notwithstanding any other provisions to the
contrary except subsection E, the State and any local
government that is subject to making payments in lieu of
contributions shall be chargeable for 50% of the benefits paid,
irrespective of whether the State or local government paid the
individual who received the benefits wages for insured work
during the individual's base period.
D. Subsections A, B, and C shall only apply to the extent
that the employer can show that the individual's unemployment
for the week was directly or indirectly attributable to
COVID-19.
E. No employer shall be chargeable for the week of benefits
paid to an individual under the provisions of Section 500D-1.
(820 ILCS 405/1505) (from Ch. 48, par. 575)
Sec. 1505. Adjustment of state experience factor. The state
experience factor shall be adjusted in accordance with the
following provisions:
A. For calendar years prior to 1988, the state experience

factor shall be adjusted in accordance with the provisions of
this Act as amended and in effect on November 18, 2011.
B. (Blank).
C. For calendar year 1988 and each calendar year
thereafter, for which the state experience factor is being
determined.
1. For every $50,000,000 (or fraction thereof) by which
the adjusted trust fund balance falls below the target
balance set forth in this subsection, the state experience
factor for the succeeding year shall be increased one
percent absolute.
For every $50,000,000 (or fraction thereof) by which
the adjusted trust fund balance exceeds the target balance
set forth in this subsection, the state experience factor
for the succeeding year shall be decreased by one percent
absolute.
The target balance in each calendar year prior to 2003
is $750,000,000. The target balance in calendar year 2003
is $920,000,000. The target balance in calendar year 2004
is $960,000,000. The target balance in calendar year 2005
and each calendar year thereafter is $1,000,000,000.
2. For the purposes of this subsection:
"Net trust fund balance" is the amount standing to the
credit of this State's account in the unemployment trust
fund as of June 30 of the calendar year immediately
preceding the year for which a state experience factor is

being determined.
"Adjusted trust fund balance" is the net trust fund
balance minus the sum of the benefit reserves for fund
building for July 1, 1987 through June 30 of the year prior
to the year for which the state experience factor is being
determined. The adjusted trust fund balance shall not be
less than zero. If the preceding calculation results in a
number which is less than zero, the amount by which it is
less than zero shall reduce the sum of the benefit reserves
for fund building for subsequent years.
For the purpose of determining the state experience
factor for 1989 and for each calendar year thereafter, the
following "benefit reserves for fund building" shall apply
for each state experience factor calculation in which that
12 month period is applicable:
a. For the 12 month period ending on June 30, 1988,
the "benefit reserve for fund building" shall be
8/104th of the total benefits paid from January 1, 1988
through June 30, 1988.
b. For the 12 month period ending on June 30, 1989,
the "benefit reserve for fund building" shall be the
sum of:
i. 8/104ths of the total benefits paid from
July 1, 1988 through December 31, 1988, plus
ii. 4/108ths of the total benefits paid from
January 1, 1989 through June 30, 1989.

c. For the 12 month period ending on June 30, 1990,
the "benefit reserve for fund building" shall be
4/108ths of the total benefits paid from July 1, 1989
through December 31, 1989.
d. For 1992 and for each calendar year thereafter,
the "benefit reserve for fund building" for the 12
month period ending on June 30, 1991 and for each
subsequent 12 month period shall be zero.
3. Notwithstanding the preceding provisions of this
subsection, for calendar years 1988 through 2003, the state
experience factor shall not be increased or decreased by
more than 15 percent absolute.
D. Notwithstanding the provisions of subsection C, the
adjusted state experience factor:
1. Shall be 111 percent for calendar year 1988;
2. Shall not be less than 75 percent nor greater than
135 percent for calendar years 1989 through 2003; and shall
not be less than 75% nor greater than 150% for calendar
year 2004 and each calendar year thereafter, not counting
any increase pursuant to subsection D-1, D-2, or D-3;
3. Shall not be decreased by more than 5 percent
absolute for any calendar year, beginning in calendar year
1989 and through calendar year 1992, by more than 6%
absolute for calendar years 1993 through 1995, by more than
10% absolute for calendar years 1999 through 2003 and by
more than 12% absolute for calendar year 2004 and each

calendar year thereafter, from the adjusted state
experience factor of the calendar year preceding the
calendar year for which the adjusted state experience
factor is being determined;
4. Shall not be increased by more than 15% absolute for
calendar year 1993, by more than 14% absolute for calendar
years 1994 and 1995, by more than 10% absolute for calendar
years 1999 through 2003 and by more than 16% absolute for
calendar year 2004 and each calendar year thereafter, from
the adjusted state experience factor for the calendar year
preceding the calendar year for which the adjusted state
experience factor is being determined;
5. Shall be 100% for calendar years 1996, 1997, and
1998.
D-1. The adjusted state experience factor for each of
calendar years 2013 through 2015 shall be increased by 5%
absolute above the adjusted state experience factor as
calculated without regard to this subsection. The adjusted
state experience factor for each of calendar years 2016 through
2018 shall be increased by 6% absolute above the adjusted state
experience factor as calculated without regard to this
subsection. The increase in the adjusted state experience
factor for calendar year 2018 pursuant to this subsection shall
not be counted for purposes of applying paragraph 3 or 4 of
subsection D to the calculation of the adjusted state
experience factor for calendar year 2019.

D-2. (Blank).
D-3. The adjusted state experience factor for calendar year
2022 shall be increased by 16% 22% absolute above the adjusted
state experience factor as calculated without regard to this
subsection. The increase in the adjusted state experience
factor for calendar year 2022 pursuant to this subsection shall
not be counted for purposes of applying paragraph 3 or 4 of
subsection D to the calculation of the adjusted state
experience factor for calendar year 2023.
E. The amount standing to the credit of this State's
account in the unemployment trust fund as of June 30 shall be
deemed to include as part thereof (a) any amount receivable on
that date from any Federal governmental agency, or as a payment
in lieu of contributions under the provisions of Sections 1403
and 1405 B and paragraph 2 of Section 302C, in reimbursement of
benefits paid to individuals, and (b) amounts credited by the
Secretary of the Treasury of the United States to this State's
account in the unemployment trust fund pursuant to Section 903
of the Federal Social Security Act, as amended, including any
such amounts which have been appropriated by the General
Assembly in accordance with the provisions of Section 2100 B
for expenses of administration, except any amounts which have
been obligated on or before that date pursuant to such
appropriation.
(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)

(820 ILCS 405/1506.6)
Sec. 1506.6. Surcharge; specified period. For each
employer whose contribution rate for calendar year 2022 is
determined pursuant to Section 1500 or 1506.1, in addition to
the contribution rate established pursuant to Section 1506.3,
an additional surcharge of 0.325% 0.425% shall be added to the
contribution rate. The surcharge established by this Section
shall be due at the same time as other contributions with
respect to the quarter are due, as provided in Section 1400.
Payments attributable to the surcharge established pursuant to
this Section shall be contributions and deposited into the
clearing account.
(Source: P.A. 100-568, eff. 12-15-17; 101-423, eff. 1-1-20.)
Section 90. The State Mandates Act is amended by adding
Section 8.44 as follows:
(30 ILCS 805/8.44 new)
Sec. 8.44. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 101st General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.