Bill Text: IL SB1751 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Unemployment Insurance Act. Provides that with respect to a week of unemployment beginning on or after March 15, 2020 (rather than beginning on or after March 15, 2020, and before September 4, 2021 (including any week of unemployment beginning on or after January 1, 2021 and on or before June 25, 2021)) 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 specified circumstances, as long as the individual is otherwise eligible for benefits.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1751 Detail]

Download: Illinois-2023-SB1751-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1751 Introduced 2/9/2023, by Sen. Michael W. Halpin SYNOPSIS AS INTRODUCED:
820 ILCS 405/612 from Ch. 48, par. 442
Amends the Unemployment Insurance Act. Provides that with respect to a week of unemployment beginning on or after March 15, 2020 (rather than beginning on or after March 15, 2020, and before September 4, 2021 (including any week of unemployment beginning on or after January 1, 2021 and on or before June 25, 2021)) 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 specified circumstances, as long as the individual is otherwise eligible for benefits.
LRB103 27519 SPS 53894 b
A BILL FOR
SB1751 LRB103 27519 SPS 53894 b
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 612 as follows:
(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

SB1751 - 2 - LRB103 27519 SPS 53894 b
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

SB1751 - 3 - LRB103 27519 SPS 53894 b
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

SB1751 - 4 - LRB103 27519 SPS 53894 b
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

SB1751 - 5 - LRB103 27519 SPS 53894 b
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

SB1751 - 6 - LRB103 27519 SPS 53894 b
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 September 4, 2021 (including any
week of unemployment beginning on or after January 1, 2021 and
on or before June 25, 2021 (the effective date of Public Act
102-26)), 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

SB1751 - 7 - LRB103 27519 SPS 53894 b
Unemployment Tax Act, as long as the individual is otherwise
eligible for benefits.
(Source: P.A. 101-633, eff. 6-5-20; 102-26, eff. 6-25-21;
102-687, eff. 12-17-21.)