Bill Text: IL HB3975 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act. Provides that none of the amount received by an individual as primary social security old age and disability retirement benefits shall constitute disqualifying income.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3975 Detail]

Download: Illinois-2011-HB3975-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3975 Introduced , by Rep. Karen May SYNOPSIS AS INTRODUCED:
820 ILCS 405/611 from Ch. 48, par. 441
Amends the Unemployment Insurance Act. Provides that none of the amount received by an individual as primary social security old age and disability retirement benefits shall constitute disqualifying income.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning unemployment insurance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unemployment Insurance Act is amended by
changing Section 611 as follows:
(820 ILCS 405/611) (from Ch. 48, par. 441)
Sec. 611. Retirement pay. A. For the purposes of this
Section "disqualifying income" means:
1. The entire amount which an individual has received or
will receive with respect to a week in the form of a retirement
payment (a) from an individual or organization (i) for which he
performed services during his base period or which is liable
for benefit charges or payments in lieu of contributions as a
result of the payment of benefits to such individual and (ii)
which pays all of the cost of such retirement payment, or (b)
from a trust, annuity or insurance fund or under an annuity or
insurance contract, to or under which an individual or
organization for which he performed services during his base
period or which is liable for benefit charges or payments in
lieu of contributions as a result of the payment of benefits to
such individual pays or has paid all of the premiums or
contributions; and
2. One-half the amount which an individual has received or

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will receive with respect to a week in the form of a retirement
payment (a) from an individual or organization (i) for which he
performed services during his base period or which is liable
for benefit charges or payments in lieu of contributions as a
result of the payment of benefits to such individual and (ii)
which pays some, but not all, of the cost of such retirement
payment, or (b) from a trust, annuity or insurance fund
(including primary social security old age and disability
retirement benefits, including those based on self-employment)
or under an annuity or insurance contract, to or under which an
individual or organization for which he performed services
during his base period or which is liable for benefit charges
or payments in lieu of contributions as a result of the payment
of benefits to such individual pays or has paid some, but not
all, of the premiums or contributions.
2.1. Notwithstanding paragraphs 1 and 2 above, because the
individual contributed to the cost of the benefits, none of the
amount which an individual has received or will receive with
respect to a week in the form of primary social security old
age and disability retirement benefits, including those based
on self-employment, shall constitute disqualifying income.
3. Notwithstanding paragraphs paragraph 1, 2 and 2.1 2
above, the entire amount which an individual has received or
will receive, with respect to any week which begins after March
31, 1980, of any governmental or other pension, retirement, or
retired pay, annuity or any other similar periodic payment

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which is based on any previous work of such individual during
his base period or which is liable for benefit charges or
payments in lieu of contributions as a result of the payment of
benefits to such individual. This paragraph shall be in effect
only if it is required as a condition for full tax credit
against the tax imposed by the Federal Unemployment Tax Act.
B. Whenever an individual has received or will receive a
retirement payment for a month, an amount shall be deemed to
have been paid him for each day equal to one-thirtieth of such
retirement payment. If the retirement payment is for a
half-month, an amount shall be deemed to have been paid the
individual for each day equal to one-fifteenth of such
retirement payment. If the retirement payment is for any other
period, an amount shall be deemed to have been paid the
individual for each day in such period equal to the retirement
payment divided by the number of days in the period.
C. An individual shall be ineligible for benefits for any
week with respect to which his disqualifying income equals or
exceeds his weekly benefit amount. If such disqualifying income
with respect to a week totals less than the benefits for which
he would otherwise be eligible under this Act, he shall be
paid, with respect to such week, benefits reduced by the amount
of such disqualifying income.
D. 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 as may be necessary in the

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administration of paragraph 3 of subsection A of this Section
to insure that the application of its provisions conform to the
requirements of such Federal Act as interpreted by the United
States Secretary of Labor or other appropriate Federal agency.
(Source: P.A. 86-3.)