Bill Text: IL HB5813 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act. Extends payment contribution relief for specified employers from December 31, 2020 to June 30, 2021 with respect to any benefits paid for a week of unemployment that was directly or indirectly attributable to COVID-19. Provides for the calculation of benefit ratios for calendar years 2023 and 2024. Effective January 1, 2023.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2022-11-16 - Referred to Rules Committee [HB5813 Detail]

Download: Illinois-2021-HB5813-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5813 Introduced , by Rep. Maurice A. West, II SYNOPSIS AS INTRODUCED:
820 ILCS 405/1502.4
820 ILCS 405/1503.2 new
Amends the Unemployment Insurance Act. Extends payment contribution relief for specified employers from December 31, 2020 to June 30, 2021 with respect to any benefits paid for a week of unemployment that was directly or indirectly attributable to COVID-19. Provides for the calculation of benefit ratios for calendar years 2023 and 2024. Effective January 1, 2023.
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A BILL FOR
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AN ACT concerning employment.
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 1502.4 and by adding Section 1503.2 as
follows:
(820 ILCS 405/1502.4)
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 June 30, 2021 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 June 30, 2021 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.

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C. With respect to any benefits paid for a week of
unemployment that begins on or after March 15, 2020, and
before June 30, 2021 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
subsection D-5 of Section 500.
(Source: P.A. 101-633, eff. 6-5-20; 102-671, eff. 11-30-21.)
(820 ILCS 405/1503.2 new)
Sec. 1503.2. Benefit ratio for calendar years 2023 and
2024.
A. For calendar year 2023:
1. For each employer who has incurred liability for
the payment of contributions within each of the 3 calendar
years immediately preceding calendar year 2023, the

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benefit ratio shall be a percentage equal to the total of
his or her benefit charges for the 12 consecutive calendar
month period ending on June 30, 2022, multiplied by the
benefit conversion factor, divided by his total wages for
insured work subject to the payment of contributions under
Sections 234, 235, and 245 of this Act for the same 12
month period, provided, however, that such wages shall not
include either those wages estimated by the Director prior
to the issuance of a Determination and Assessment or those
wages estimated as a result of an audit because of an
employer's failure to report wages.
2. For each employer who has incurred liability for
the payment of contributions within each of the 4 calendar
years immediately preceding calendar year 2023, the
benefit ratio shall be a percentage equal to the total of
his or her benefit charges for the 24 consecutive calendar
month period ending on June 30, 2022, multiplied by the
benefit conversion factor, divided by 200% of his or her
total wages for insured work subject to the payment of
contributions under Sections 234, 235, and 245 of this Act
for the 12 consecutive calendar month period ending on
June 30, 2022, provided, however, that such wages shall
not include either those wages estimated by the Director
prior to the issuance of a Determination and Assessment or
those wages estimated as a result of an audit because of an
employer's failure to report wages.

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3. For each employer who has incurred liability for
the payment of contributions within each of the 5 calendar
years immediately preceding calendar year 2023, the
benefit ratio shall be a percentage equal to the total of
his or her benefit charges for the 36 consecutive calendar
month period ending on June 30, 2022, multiplied by the
benefit conversion factor, divided by the sum of 200% of
his or her total wages for insured work subject to the
payment of contributions under Sections 234, 235, and 245
of this Act for the 12 consecutive calendar month period
ending on June 30, 2022 and his or her total wages for
insured work subject to the payment of contributions under
Sections 234, 235, and 245 of this Act for the 12
consecutive calendar month period ending on June 30, 2020,
provided, however, that such wages shall not include
either those wages estimated by the Director prior to the
issuance of a Determination and Assessment or those wages
estimated as a result of an audit because of an employer's
failure to report wages.
B. For calendar year 2024:
1. For each employer who has incurred liability for
the payment of contributions within each of the 3 calendar
years immediately preceding calendar year 2024, the
benefit ratio shall be a percentage equal to the total of
his or her benefit charges for the 12 consecutive calendar
month period ending on June 30, 2023, multiplied by the

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benefit conversion factor, divided by his total wages for
insured work subject to the payment of contributions under
Sections 234, 235, and 245 of this Act for the same 12
month period, provided, however, that such wages shall not
include either those wages estimated by the Director prior
to the issuance of a Determination and Assessment or those
wages estimated as a result of an audit because of an
employer's failure to report wages.
2. For each employer who has incurred liability for
the payment of contributions within each of the 4 calendar
years immediately preceding calendar year 2024, the
benefit ratio shall be a percentage equal to the total of
his or her benefit charges for the 24 consecutive calendar
month period ending on June 30, 2023, multiplied by the
benefit conversion factor, divided by his or her total
wages for insured work subject to the payment of
contributions under Sections 234, 235, and 245 of this Act
for the same 24 month period, provided, however, that such
wages shall not include either those wages estimated by
the Director prior to the issuance of a Determination and
Assessment or those wages estimated as a result of an
audit because of an employer's failure to report wages.
3. For each employer who has incurred liability for
the payment of contributions within each of the 5 calendar
years immediately preceding calendar year 2024, the
benefit ratio shall be a percentage equal to the total of

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his or her benefit charges for the 36 consecutive calendar
month period ending on June 30, 2023, multiplied by the
benefit conversion factor, divided by the sum of his or
her total wages for insured work subject to the payment of
contributions under Sections 234, 235, and 245 of this Act
for the 12 consecutive calendar month period ending on
June 30, 2023 and 200% of his or her total wages for
insured work subject to the payment of contributions under
Sections 234, 235, and 245 of this Act for the 12
consecutive calendar month period ending on June 30, 2022
and, provided, however, that such wages shall not include
either those wages estimated by the Director prior to the
issuance of a Determination and Assessment or those wages
estimated as a result of an audit because of an employer's
failure to report wages.
Section 99. Effective date. This Act takes effect January
1, 2023.