reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart C - REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS › Section 2830.325 - Check, Debit Card Or Direct Deposit Authorization Interview

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				employee assigned to the matter shall conduct an interview of the claimant that
				is limited to the issues set forth in the notice of interview.
b) All testimony at the interview shall be
				made under oath or affirmation.
c)
				At the interview, the Department employee assigned to the matter shall:
1) Inform the parties of the purpose of the
				interview and of their rights under the Act and the rules promulgated
				thereunder;
2) Present to the
				claimant all relevant material obtained during the investigation;
3) If the second endorser is present, take
				any testimony offered by the second endorser on the cashing of the benefit
				check;
4) Provide the claimant with
				an opportunity to explain any reasons or to present any evidence that would
				show that the signature on the benefit check, change of address or direct
				deposit authorization form is not the claimant's (or otherwise that one of
				these forms is not authentic if it was submitted via the internet), and then
				allow the claimant to cross-examine any witnesses at the hearing or rebut any
				other evidence presented; and
5)
				Issue a decision on the available facts, even if the claimant does not appear
				at the interview (there shall be no defaults for want of prosecution, though
				the claimant may withdraw the request for reissuance).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart C - REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS › Section 2830.330 - The Record

Current through Register Vol. 48, No. 28, July 12, 2024
A complete record shall be maintained of the interview by the
				  Department employee assigned to the matter. The record will consist of a
				  written summary of the testimony of the parties and their witnesses and copies
				  of all documents, reports, briefs, motions and findings in the
				  matter.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart C - REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS › Section 2830.335 - Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) A decision shall
				be made in writing, shall separately state findings of fact and conclusions of
				law, and shall be mailed to the parties.
b) A decision to allow or deny a claim for
				reissuance of payment under this Subpart shall be based on the testimony and
				evidence in the record and not solely on an analysis of the claimant's
				handwriting. The formal rules of evidence shall not, however, apply in these
				matters.
c) No decision shall be
				based solely on unobjected to hearsay testimony when the claimant has testified
				to the contrary under oath unless the Department employee assigned to the
				matter finds that the claimant's testimony is incredible, inconsistent or
				inherently improbable.
d) No
				decision shall be based on evidence that the claimant has not had an
				opportunity to review and rebut. The claimant shall be deemed to have waived
				his or her right to review and rebut when he or she fails to appear at the
				scheduled hearing.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart C - REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS › Section 2830.340 - Appeals

Current through Register Vol. 48, No. 28, July 12, 2024
The decision described in Section
				  2830.335 shall
				  constitute a final administrative decision, subject to review under the
				  Administrative Review Law [ 735 ILCS 5 /Art. III].
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.1 - Recovery of Benefits by Recoupment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director may recover by recoupment any
				unemployment insurance benefits that are determined to have been overpaid to an
				individual. Recoupment is a method by which the Director deducts from any
				benefits payable to a claimant the amounts of benefits he was found not
				entitled to receive under the law.
b) The recoverable amounts may be either
				regular or extended benefits paid under either the Unemployment Insurance Act
				[820 ILCS 405 ] (Act), or the Federal Unemployment Compensation Act for Federal
				Employees (
				5 USC
				8501 et seq.) or Ex-Servicemen (
				5 USC
				8521 et seq.) (UCFE and UCX) programs
				administered by the Director or any other federal unemployment insurance
				program administered by the Director (see Table A).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.5 - Amounts Recoverable by Recoupment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Benefits paid under state law subject to
				recoupment:
1) The entire amount of benefits
				previously paid to a claimant later found ineligible pursuant to a reconsidered
				Finding or reconsidered Determination, or pursuant to a Decision of a Hearings
				Referee or of the Director under Section 604 of the Act, which modifies or sets
				aside a Finding or Determination or a reconsidered Finding or reconsidered
				Determination. To the extent allowed by law, such benefits will be recouped
				from future State or federal benefits payable to a claimant as set forth in
				Table A. For purposes of this Section only, if the Board of Review remands a
				case to the Hearing Referee who then decides that the claimant is ineligible
				for benefits, such Decision shall make any benefits for which the claimant is
				then ineligible subject to recoupment.
EXAMPLE: The Referee affirms a Determination by an
				  Adjudicator holding a claimant eligible for benefits which have been paid to
				  the claimant. Upon appeal, the Board of Review remands the case back to the
				  Referee who then sets aside the Adjudicator's Determination and holds the
				  claimant ineligible. The benefits for which the claimant was overpaid are now
				  subject to recoupment.
2)
				Benefits paid to a claimant for weeks with respect to which he or she received
				wages by reason of a back pay award made by a governmental agency or pursuant
				to arbitration proceedings or by reason of payment of wages wrongfully withheld
				by an employing unit.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.10 - Time Limits Within Which to Recoup Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Benefits obtained by means of fraud: When
				the claimant knowingly makes a false statement or knowingly fails to disclose a
				material fact in order to receive regular or extended benefits to which he or
				she is ineligible, such benefits may be recouped at any time from future
				benefits payable to the claimant. See Table A for the time limits regarding
				recoupment of benefits obtained by means of fraud under federal programs,
				including UCFE-UCX and special programs.
b) Benefits obtained without fraud: When a
				claimant has been found ineligible to receive regular or extended benefits for
				any reason other than reasons stated in subsection (a), the benefits received
				may be recouped within five years from the date the claimant was found
				ineligible by a Claims Adjudicator, Hearings Referee or by the Director. The
				same time limit of five years shall apply to the recoupment of regular or
				extended UCFE-UCX benefits paid to ineligible claimants for any reason other
				than the reason stated in subsection (a).
c) With respect to other federally funded
				benefits administered by the Director, the provisions of the appropriate
				federal law shall be applicable.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.15 - Extent of Recoupment

Current through Register Vol. 48, No. 28, July 12, 2024
a) Benefits
				recoverable under Section
				2835.5(a)
				shall be recouped in full or to the extent of the benefits payable to the
				claimant, subject to the time limits provided in Section
				2835.10.
1) The amount to be recouped in any
				particular week shall not exceed 25% of the claimant's weekly benefit amount
				provided that the recoverable benefits were not obtained by fraudulent means
				stated in Section
				2835.10(a).
				The same limitation on the amount of recoupment shall apply to UCFE-UCX and
				Trade Readjustment Allowance (TRA) benefits (see
				19 USC
				2291 -
				2298
				).
2) With respect to other
				federally funded benefits administered by the Director, the provisions of the
				appropriate federal law shall be applicable.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.20 - Notice Of Recoupment Decision

Current through Register Vol. 48, No. 28, July 12, 2024
The individual whose benefits have been decided by the claims
				  adjudicator to be the subject of recoupment shall be given prompt notice of the
				  decision, which shall state the reason for recoupment, the weeks with respect
				  to which such sum was received by the individual, the time within which the
				  benefits may be recouped, and the right to seek waiver or recoupment and the
				  grounds for such waiver.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.25 - Reconsideration Or Appeal Of Recoupment Decision

Current through Register Vol. 48, No. 28, July 12, 2024
a) The individual who has received a notice
				of recoupment decision may ask for a reconsideration of this decision by the
				claims adjudicator at any time within one year from the date of the decision,
				or appeal the decision to a hearings referee within thirty days after it has
				been delivered to him or mailed to his last known address.
b) The reconsidered decision, if any, is also
				appealable to a hearings referee within thirty days after it has been delivered
				to him or mailed to his last known address.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.30 - Waiver Of Recoupment

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				Recoupment from benefits payable to an individual for any week may be waived as
				to that week, upon the claimant's request in writing.
1) The application for waiver shall identify
				the recoupment decision provided in 56 Ill. Adm. Code
				2835.20,
				or shall have attached to it a copy of the recoupment decision.
2) The application shall state the
				circumstances that would cause the claimant extreme financial hardship,
				provided in 56 Ill. Adm. Code
				2835.45,
				if the recoupment decision is enforced.
3) The claimant shall produce to the claims
				adjudicator any evidence in his possession that would establish the basis for
				the waiver of the recoupment.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.33 - Waiver of Recovery (TRA)

Current through Register Vol. 48, No. 28, July 12, 2024
The Agency shall waive the recovery of any overpayment of TRA
				  benefits, to the extent authorized to do so under
				  20 CFR
				  617.55, as it is on December 1, 2008 without
				  regard to any later amendments.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.35 - Benefits Received With Fault

Current through Register Vol. 48, No. 28, July 12, 2024
If, as a result of a reconsidered finding or reconsidered
				  determination, or a decision of a hearings referee or of the Director, the
				  claimant is denied benefits for which he had previously been held to be
				  eligible because he was found to have fraudulently obtained such benefits as
				  provided in 56 Ill. Adm. Code
				  2835.10(a),
				  such reconsideration or decision shall be conclusive proof that the claimant
				  received the recoverable benefits with fault.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.40 - Benefits Received Without Fault

Current through Register Vol. 48, No. 28, July 12, 2024
The receipt of any sum paid to a claimant as benefits, due to
				  agency error, is without fault. A good faith mistake of fact by the claimant in
				  the filing of his claim for benefits which results in an overpayment of
				  benefits does not constitute fault.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.45 - Recoupment Against Equity and Good Conscience

Current through Register Vol. 48, No. 28, July 12, 2024
a) Recoupment will be considered to be
				against equity and good conscience if the recoupment would cause the individual
				extreme financial hardship. For this purpose, extreme financial hardship shall
				mean the inability to meet vital financial obligations that cannot be deferred.
				These obligations include:
1) Rent, if the
				individual has received an eviction notice or five day notice from the
				landlord;
2) Utility bills, if the
				individual has received a utility cutoff notice;
3) Unexpected medical bills not covered by
				insurance; and
4) Other debts
				incurred for essential living expenses, the payment of which cannot be
				deferred.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.50 - Request For And Decision Regarding Waiver Of Recoupment

Current through Register Vol. 48, No. 28, July 12, 2024
a) The initial request for waiver of
				recoupment must be made in person by the claimant requesting the waiver, unless
				he or she is physically unable to appear at the local unemployment office
				closest to his or her place of residence. The request must be made in person,
				online or through the Teleserve system prior to submitting the certification
				for benefits for the week recoupment is scheduled to begin.
b) The local unemployment office shall decide
				promptly whether or not to approve the request for waiver of recoupment. The
				claimant whose request for waiver of recoupment has been disapproved shall be
				promptly informed, in writing, of the reasons for the denial of the
				waiver.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.55 - Reconsideration Or Appeal Of Denial Of Request For Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
a) A denial of the request for waiver of
				recoupment may be considered by the claims adjudicator within one year from the
				date of the decision.
b) The
				decision denying waiver or the reconsideration thereof, is also appealable to a
				hearings referee within thirty days after it has been delivered to the claimant
				or mailed to his last known address.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.60 - Periods When Waiver Of Recoupment Allowed

Current through Register Vol. 48, No. 28, July 12, 2024
a) Recoupment waiver may be allowed or denied
				for weeks for which the claimant has certified and has been found to have met
				the eligibility requirements for the payment of benefits which have not yet
				been paid.
b) If the Director is
				satisfied that recoupment would cause extreme financial hardship over a number
				of weeks, he may authorize that a request for waiver filed for a particular
				week be approved for up to a period of two weeks plus any prior weeks for which
				benefits have not yet been paid.
c)
				If the conditions which qualified the claimant for a waiver persist beyond the
				end of the waiver period approved by the Director, the claimant must request
				waiver for the new period.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.65 - Waiver Certifications By Mail

Current through Register Vol. 48, No. 28, July 12, 2024
In situations where the individual seeking waiver of
				  recoupment shows that the grounds for waiver relied on under 56 Ill. Adm. Code
				  2835.30 are
				  of a continued nature, or where the claimant's reporting in person works a
				  hardship on the claimant, as indicated in 56 Ill. Adm. Code
				  2835.50,
				  the claims adjudicator may permit the claimant requesting periods of waiver
				  under 56 Ill. Adm. Code
				  2835.50
				  to certify his eligibility for waiver by submitting the required information by
				  mail.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.67 - Waiver of Recovery of Overpayments of Non-federally Funded Regular and Extended Benefits and Short-Time Compensation (WorkShare, IL)

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department will permanently waive
				recovery of any overpayment of non-federally funded regular and extended
				unemployment insurance benefits and short-time compensation (WorkShare, IL)
				benefits received by an individual on or after March 8, 2020 and prior to the
				last day of a disaster period established by the gubernatorial disaster
				proclamation in response to COVID-19, dated March 9, 2020, and any consecutive
				gubernatorial disaster proclamation in response to COVID-19, if the Department
				determines that:
1) The overpayment was
				without fault on the part of the recipient; and
2) Recovery would be contrary to equity and
				good conscience.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.70 - Waiver of Recovery of Overpayments Under Pandemic Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation (FPUC), Pandemic Emergency Unemployment Compensation (PEUC), and Mixed Earner Unemployment Compensation (MEUC) Programs, and the First Week of Benefits Funded by the Federal Government

Current through Register Vol. 48, No. 28, July 12, 2024
a) The
				Department will waive recovery of any overpayment under the Pandemic
				Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation
				(FPUC), Pandemic Emergency Unemployment Compensation (PEUC), and/or Mixed
				Earner Unemployment Compensation (MEUC) programs, and the first week of
				benefits funded by the federal government under any State or federal
				unemployment program, paid to a recipient if the Department determines that:
1) The overpayment was without fault on the
				part of the recipient; and
2)
				Recovery would be contrary to equity and good conscience.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2835.72 - Waiver of Recovery of Overpayments Under Lost Wages Assistance (LWA) Program

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
				will waive recovery of any overpayment under the Lost Wages Assistance (LWA)
				Program paid to a recipient if the Department determines that:
1) The overpayment was without fault on the
				part of the recipient; and
2)
				Recovery would be contrary to equity and good conscience.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart B - DETECTION OF OVERPAYMENTS › Section 2835.100 - Cross-Matching

Current through Register Vol. 48, No. 28, July 12, 2024
The Department regularly matches its benefit payments records
				  against the Illinois Directory of New Hires and the Department's own wage
				  record system. Where the cross-matches suggest the possibility that a claimant
				  has worked during the period for which he or she was claiming benefits, the
				  Department will investigate further.
Example: An individual receives regular State benefits for
				  the week beginning January 18, 2009, continuing through April 18, 2009. In
				  certifying to his/her continued eligibility for benefits for those weeks, the
				  individual indicates he/she did not work during any of those weeks. A December
				  2009 cross-match against the Department's wage records for the first quarter of
				  2009 indicates the individual worked and was paid wages during that quarter.
				  The follow-up investigation results in a determination, dated December 14,
				  2009, that the individual fraudulently claimed benefits for the week beginning
				  January 18, 2009 through April 18, 2009, a total of 13 weeks, and the
				  determination becomes legally final. The individual files a new claim for
				  benefits, effective January 24, 2010, without yet having repaid any of the
				  benefits he/she fraudulently obtained. The individual will not receive any
				  benefits until he/she repays the entire amount fraudulently received. After
				  repaying the benefits, the individual will remain ineligible for benefits under
				  Section 901 of the Act [820 ILCS
				  405/901 ] until he/she has served 26 "penalty weeks"
				  or December 18, 2011, whichever occurs first. A penalty week is a week in which
				  the claimant is otherwise eligible to receive benefits but is precluded from
				  doing so because of a fraud determination. Six penalty weeks are assessed for
				  the first week for which a claimant fraudulently obtained benefits, and two
				  penalty weeks are assessed for each week thereafter for which the claimant
				  fraudulently obtained benefits, up to a maximum of 26 penalty weeks. There is
				  no durational limit on an individual's liability to repay fraudulently obtained
				  benefits. The individual is also subject to criminal prosecution under the
				  State Benefits Fraud Act [720 ILCS
				  5/17-6 ] for the fraudulent receipt of benefits. A
				  conviction for State benefits fraud can result in imprisonment for generally up
				  to five years and a fine of generally up to $25,000. The individual is also
				  subject to a civil lawsuit for recovery of the overpayments.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2835 - RECOVERY OF BENEFITS › Subpart B - DETECTION OF OVERPAYMENTS › Table A - Recoupment Matrix

Current through Register Vol. 48, No. 28, July 12, 2024
Overpaid Under The Programs And Subprograms Listed
							 Below
% Of Benefits Recoupable From Benefits
							 Presently Payable Under Programs And Subprograms
STATE
UCX/
UCFE
STATE/
UCX/UCFE
FPUC
TRA
PUA
PROGRAM/
SUBPROGRAM
TYPE OF OVER-PAYMENT
REG
EB
REG/EB
PEUC
LENGTH OF RECOUPMENT PERIOD
STATE/
REG/EB
NONFRAUD Sec. 900A2
25
25
25
25
25
25
25
5 Years from Determination Date
STATE/
REG/EB
FRAUD
100
100
100
50
50
100
50
Indefinite
UCX/UCFE/
REG/EB
NONFRAUD Sec. 900A2
25
25
25
25
25
25
25
5 Years from Determination Date
UCX/UCFE/
REG/EB
FRAUD
100
100
100
50
50
100
50
2 Years from
Determination
Date
STATE/ UCX/UCFE/
PEUC
FRAUD
100
100
100
50
50
100
50
3 Years from Payment Date
STATE/ UCX/UCFE/
PEUC
NONFRAUD
25
25
25
25
50
25
50
3 Years from Payment Date
FPUC
NONFRAUD
25
25
25
25
50
25
50
3 Years from Payment Date
FPUC
FRAUD
50
50
50
50
50
50
50
3 Years from Payment Date
TRA
FRAUD
50
50
50
50
0
0-I
50
Indefinite
TRA
NONFRAUD
25
25
25
25
0
25
25
5 Years from Determination Date
PUA
NONFRAUD
25
25
25
50
50
25
25
5 Years from Determination Date
PUA
FRAUD
100
100
100
50
50
100
**
5 Years from Determination Date
KEY TO RECOUPMENT MATRIX
25
=
25% of Weekly Benefit Amount may be withheld for
							 recoupment.
50
=
50% of Weekly Benefit Amount may be withheld for
							 recoupment.
100
=
100% of benefits payable may be withheld for
							 recoupment.
0-I
=
Recoupment is not allowable:
a)
If the week claimed ends prior to fraud determination
							 date, claimant receives all benefits payable for the week;
b)
If the week claimed ends on or after fraud
							 determination date, claimant is ineligible to receive any benefits for the
							 week.
**
=
a)
If the fraud occurred in the initial application for
							 PUA benefits, the claimant is ineligible for any PUA benefits.
b)
If the fraud occurred in connection with a claim for
							 a week of PUA benefits, the claimant is ineligible for that week and the next
							 two weeks of PUA benefits.
UCX
=
5 USC
							 8521 et seq., Unemployment Compensation for
							 Ex-Servicemen.
UCFE
=
5 USC
							 8501 et seq., Unemployment Compensation for
							 Federal Employees.
EB
=
820 ILCS
							 405/409, Extended Benefits.
Sec. 900A2
=
820 ILCS 405/900A2.
PEUC
=
Coronavirus Aid, Relief, and Economic Security
							 (CARES) Act of 2020, Section 2107, Pandemic Emergency Unemployment
							 Compensation,
							 Public Law 116-136.
FPUC
=
Coronavirus Aid, Relief, and Economic Security
							 (CARES) Act of 2020, Section 2104, Federal Pandemic Unemployment Compensation,
							 Public Law 116-136.
PUA
=
Coronavirus Aid, Relief, and Economic Security
							 (CARES) Act of 2020, Section 2102, Pandemic Unemployment Assistance,
							 Public Law 116-136.
TRA
=
Trade Act of 1974, as amended, 19 USC
							 2271-2322.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2840 - CLAIMANT'S REASON FOR SEPARATION FROM WORK › Subpart A - MISCONDUCT › Section 2840.25 - What Is Meant by "Harm"

Current through Register Vol. 48, No. 28, July 12, 2024
The phrase "...has harmed the employing unit or other
				  employees" in the general definition of misconduct in Section 602A of the Act [
				  820 ILCS 405/602A ] includes, but is not limited to:
a) physical or quantitatively measurable
				damage or injury;
b) other damage
				or injury to other employees' well-being or morale or to the employer's
				property, operations or goodwill;
1) EXAMPLE:
				An individual is dissatisfied because he does not receive a raise. He confronts
				his supervisor and threatens to injure him, if not immediately, at some time
				soon. The threat itself, even in the absence of a physical assault resulting in
				a tangible injury, constitutes harm.
2) EXAMPLE: Without authorization, an
				individual enters the company president's office, opens a desk drawer and
				removes and photocopies trade secrets. Even if the individual decides not to
				pass along this information to others, the removal and photocopying of trade
				secrets constitutes harm.
3)
				EXAMPLE: An employer has a point system for evaluating tardiness and absence.
				When the worker exceeds the allotted number of points in a particular period,
				he is subject to discharge. Absences and tardiness always cause harm to the
				employer, even if a worker is allowed to make up the time. This is because
				absences and tardiness cause disruption to the general operations of any
				business. However, even before reaching the question of harm, the worker's
				reason for tardiness or absence must be reviewed in order to determine if the
				worker's conduct was willful.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2840 - CLAIMANT'S REASON FOR SEPARATION FROM WORK › Subpart B - VOLUNTARY LEAVING › Section 2840.125 - Early Retirement Or Employment Buyout Packages

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual who accepts his employer's
				offer of an early retirement or employment buyout package and leaves work
				according to the terms and conditions of the offer is ineligible under Section
				601 of the Act unless, at the time the offer is accepted:
1) the individual knows or reasonably
				believes that, within the proximate future, his employment will be terminated
				by the employer under terms and conditions substantially less favorable than
				the terms and conditions of the offer, or
2) the individual knows or reasonably
				believes that his employment will continue, in the proximate future, but under
				terms and conditions substantially less favorable than the terms and conditions
				of his employment immediately prior to the offer, or
3) the individual knows that a layoff will
				follow if a sufficient number of employees do not accept the offer of an early
				retirement or employment buyout package and the individual accepts the offer to
				avoid the layoff of another employee.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart A - GENERAL PROVISIONS › Section 2865.1 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
All other terms used in this Part shall have the meanings
				  ascribed in Sections 200 through 247 of the Unemployment Insurance Act [ 820
				  ILCS 405 ], unless the context requires otherwise.
"Act" means the Unemployment Insurance Act [ 820 ILCS 405
				  ].
"Claimant" means a person who applies for benefits under the
				  Act.
"Customary occupation" means the work in which the individual
				  was last engaged or the occupation for which he or she is best qualified by
				  training, experience and education.
"Department" means the Illinois Department of Employment
				  Security.
"Employing unit" shall have the same meaning ascribed in
				  Section 204 of the Act.
"Full-time work" is the number of hours a class of workers
				  would customarily work if the employing unit had all of the work it could
				  handle without working overtime. Except when the contrary is provided by a
				  collective bargaining agreement or company policy, full-time work is
				  customarily 40 hours per week. For example, 37.5 hours per week is full-time
				  work for Illinois State employees because it is so provided by State personnel
				  policy.
"Local office" means the office of the Department servicing
				  claimants who live in a specific geographical area.
"Regular employing unit" is either the employing unit for
				  which an individual expects to continue working and to work full time if
				  business warrants it, or any employing unit for which the individual worked
				  full time for nine consecutive weeks during the preceding 52 weeks.
"Temporary help firm" means an employing unit that hires its
				  own employees and assigns them to clients to support or supplement the client's
				  workforce in work situations such as employee absences, temporary skill
				  shortages, seasonal workloads, and special assignments and
				  projects.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart A - GENERAL PROVISIONS › Section 2865.50 - Union Registration in Satisfaction of Active Search Provisions

Current through Register Vol. 48, No. 28, July 12, 2024
a) Upon request, a
				claimant will satisfy the active search for work provisions of Section 500(C)
				of the Act by registering for work with a union qualified under Section
				2865.55.
1) A claimant who is unemployed, belongs to
				the job classification of workers represented by the union and reports
				periodically (but not less than monthly), as required by the union, to his or
				her local union placement service, shall meet the work search requirements of
				Section 500(C) of the Act.
2)
				Meeting the requirements set forth in subsection (a)(1) shall not relieve the
				claimant from satisfying all other requirements of the Act regarding
				eligibility for benefits, including the additional work search requirements of
				Section 409(K) of the Act.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart A - GENERAL PROVISIONS › Section 2865.55 - Requirements For Union Local Certification

Current through Register Vol. 48, No. 28, July 12, 2024
a) To meet the placement service requirements
				of Section
				2865.50(a)(1),
				a union local must establish that:
1) It
				maintains a placement service which is available during all reasonable hours,
				and is available to Agency personnel for information regarding such
				workers;
2) It maintains accurate
				records of a claimant's original registration, referrals to work, refusal of
				work with reasons therefor, and records of job orders and their status;
				and,
3) All employers which are
				contractually bound to that local must fill all of their job openings by first
				hiring from that local's placement service. In such a situation, that local
				then controls referral to all the job opportunities in that designated locale
				in the trade or occupation, as though the users of its placement service
				personally visited each of these contractually bound employers.
4) In the absence of such contractual
				obligation, a local may still be approved upon showing that it does, as a
				practical matter, fill substantially all of the job openings in the designated
				locale.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart A - GENERAL PROVISIONS › Section 2865.60 - Procedures for Approval as a Certified Union

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any union local may seek approval under
				Section
				2865.55
				by requesting from the local office of the Adjudication Section of Field
				Operations a Union Registration and Placement Questionnaire (Ben-629) that
				requests the information necessary to insure compliance with the requirements
				on placement services in Section 2865.55. The form shall be completed and
				returned to:
Field Operations, Adjudication Section
Illinois Department of Employment Security
33 South State Street, 9th Floor
				  Mezzanine
Chicago, Illinois 60603
b) If a union local is disapproved, written
				notice for the reasons for the disapproval shall be provided to the union
				local. All inquiries for supplementary information, explanations or assistance
				shall be directed to the Adjudication Section of Field Operations that shall:
1) Explain the basis for disapproval;
				and
2) Advise the union local
				regarding any adjustments in record keeping and activities that may be
				necessary to meet the standards for approval under Section
				2865.55(a).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart B - REGULAR BENEFITS › Section 2865.100 - Work Search Requirements for Regular Unemployment Insurance Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
a) Unless otherwise
				instructed, the claimant must establish that he or she is able to work,
				available for work and actively seeking work during each week for which he or
				she is claiming benefits.
1) The claimant
				must register with the Illinois Employment Service unless otherwise instructed
				by the local office for one of the following reasons:
A) The claimant's unemployment is due to a
				labor dispute at his or her last employing unit even if the claimant is not
				involved in the dispute;
B) The
				claimant's unemployment is due to a temporary lay-off not exceeding 10 weeks in
				duration;
C) The claimant is a
				member of a labor union whose placement service has been certified by the
				Department under this Part;
D) The
				claimant is still attached to a regular job but he or she is only partially
				employed due to a temporary reduction in hours;
E) The claimant is a seasonal worker who is
				between seasons and has a reasonable expectation of returning to the same job
				in the next succeeding season. For example, park, golf course and landscape
				workers would fall within this subsection (a)(1)(E) during a winter
				shutdown;
F) The claimant is an
				academic worker, such as a teacher or school administrator, or a non-academic
				employee, such as a food service worker or school bus driver, who is seeking
				work at an educational institution or for a company that contracts with an
				educational institution during a period between academic years or
				terms;
G) The claimant is a
				construction worker seeking construction work, whether or not he or she belongs
				to a union that operates a hiring hall defined in Section
				2865.50;
H) The claimant is enrolled and participating
				in training, whether or not that training is approved under Section 500C5 of
				the Act;
I) The claimant is a
				resident of a state that borders Illinois and has filed a claim in this
				State;
J) The Department determines
				that, based on local labor market information, registration with the Illinois
				Employment Service would not increase the likelihood of the claimant's return
				to work; or
K) The claimant's
				unemployment is due to a temporary lay-off resulting from a temporary closing
				attributable to the COVID-19 virus.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart B - REGULAR BENEFITS › Section 2865.105 - Able to Work

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual is
				able to work when he or she is physically and mentally capable of performing
				work for which he or she is otherwise qualified. An individual is considered
				able to work to the full extent permitted by 20 CFR 604, effective February 15,
				2007, except when inconsistent with the express holding of published Illinois
				case law.
EXAMPLE: A claimant who had been a clerk at a retail store is
				  responsible for a minor child who is prevented from attending school due to
				  closures resulting from the COVID-19 virus. The claimant must stay home from
				  work to watch his/her child until school reopens. However, the claimant is able
				  to perform work that could be performed from the isolation of his/her home
				  (e.g., transcribing, data entry, virtual assistant services). While the
				  claimant has most recently worked at retail locations, he/she is able to work
				  due to his/her ability to work at home.
b) The focus is upon the individual's
				condition, the employer's willingness to hire him or her is not relevant.
1) EXAMPLE: An individual is 60 years old,
				worked as a warehouseman for 40 years and is physically able to continue doing
				so. Employers' reluctance to hire him, because of his age, does not render him
				unable to work.
2) EXAMPLE: An
				individual tests positive for tuberculosis, a contagious disease, and, by law,
				is not permitted to continue working as a school teacher. He applies for jobs
				as a school teacher. It is the individual's condition, not school districts'
				unwillingness to hire him, that renders him unable to work. The individual
				would be considered able to work if he was seeking jobs that the law permitted
				him to perform and that he was physically and mentally capable of
				performing.
3) EXAMPLE: The
				individual has been discharged from numerous jobs because of repeated
				absenteeism due to habitual alcohol and drug use. When he reports to his local
				office, he reeks of alcohol and slurs his words. This individual will be
				determined to be unable to perform any type of work. It is his condition, not
				an employer's unwillingness to hire him, that renders him unable to
				work.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart B - REGULAR BENEFITS › Section 2865.115 - Actively Seeking Work

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				individual is actively seeking work when he or she makes an effort that is
				reasonably calculated to return him or her to the labor force. Reasonableness
				is determined by factors including, but not limited to: the individual's
				physical and mental abilities, his or her training and experience, the
				employment opportunities in the area, the length of unemployment, and the
				nature and number of work search efforts in light of the customary means of
				obtaining work in the occupation.
b) An individual is not actively seeking work
				if he or she seeks work that is unrealistic in light of his or her physical or
				mental limitations.
EXAMPLE: The individual, seven months pregnant, quit her job
				  as an assembler because it was strenuous and required her to be constantly on
				  her feet. She applies for work at a factory, as an assembler, under conditions
				  essentially the same as those of her last job. She would be determined to be
				  not actively seeking work.
c) The individual is not actively seeking
				work if he or she seeks work that is unrealistic in light of his or her
				training or experience.
EXAMPLE: The individual has always wanted to be a real estate
				  agent; this requires a license he does not possess. To the extent that he only
				  seeks work as a real estate agent, he would be determined to be not actively
				  seeking work.
d) Whether an
				individual is actively seeking work is determined in part by comparing his or
				her occupation with labor market conditions in the locality. In some cases, an
				application for work can have a continuing effect.
EXAMPLE: The individual is a waitress, just laid off by one
				  of three restaurants in her community. During her first two weeks of
				  unemployment, she applies for work at the other two restaurants and awaits the
				  results of her efforts. She would be determined to be actively seeking work for
				  that period.
e) As the
				period of unemployment lengthens, the individual should intensify his or her
				efforts to find work in his or her usual occupation, or, he or she should
				pursue work in another occupation for which he or she is qualified.
1) EXAMPLE: After being laid off from his job
				as a parking lot attendant, the individual sought similar work at other parking
				lots within his community, without success. As time passes, he must seek work
				outside his community (within reasonable commuting distance).
2) EXAMPLE: Same facts as in example above
				but, prior to working as a parking lot attendant, the individual worked as a
				short-order cook. In addition to, or instead of, seeking work as a parking lot
				attendant, he should seek work as a short-order cook, or other work for which
				he is qualified; otherwise, he would be determined to be not actively seeking
				work.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart B - REGULAR BENEFITS › Section 2865.120 - Suitability of Work - Labor Standards

Current through Register Vol. 48, No. 28, July 12, 2024
a) An individual must be able to, available
				for, and actively seeking "suitable" work.
b) Whether work is suitable for the
				individual is determined by factors including, but not limited to, those set
				forth in Section 603 of the Act (including its references to labor standards
				under Section 3304(a)(5) of the Federal Unemployment Tax Act).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart B - REGULAR BENEFITS › Section 2865.125 - Availability for Part-Time Work Only

Current through Register Vol. 48, No. 28, July 12, 2024
The requirement that a claimant shall be able and available
				  for full-time work shall not be applied to a claimant who can prove by a
				  preponderance of the evidence that, for him or her, only part-time work,
				  defined in Section
				  2720.1, is suitable
				  because:
a) He or she restricts his or
				her availability to part-time work due to:
1)
				Circumstances which are beyond his or her own control, such as, the advice of
				his or her physician that full-time work would adversely affect his or her
				health; or
2) The kind of work
				suitable to his or her skill, training or experience is available only on a
				part-time basis, and he or she is not reasonably qualified for available
				full-time work; and
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart B - REGULAR BENEFITS › Section 2865.130 - Director's Approval of Training

Current through Register Vol. 48, No. 28, July 12, 2024
An individual shall not be deemed unavailable for
				  work or to have failed actively to seek work with respect to any week, because
				  he or she is enrolled in and is in regular attendance at a training course
				  approved for him or her by the Director
(see Section 500C5 of the
				  Act)
.
a) The
				following criteria must be satisfied in order for a training course to be
				approved for an individual by the Director:
1) The training course shall relate to an
				occupation or skill for which there are, or are expected to be in the immediate
				future, reasonable work opportunities in the locality. This means that:
A) The training course must be vocational or
				provide the individual with skills essential for the performance of work in a
				specific occupation;
EXAMPLE: The Director shall not approve classes designed
				  solely to provide an individual with a high school equivalency diploma since
				  this would not enhance opportunities in a specific occupation. However, the
				  Director shall approve courses of study that include some purely academic
				  courses if that course work is secondary to the vocational aspects.
B) The course must be designed to
				facilitate the individual's reemployment in a reasonably expeditious manner;
				however, the Director shall not approve courses of study of more than one year
				in duration;
C) The course must
				focus on providing the individual with the competency necessary for securing
				entry level employment in the selected occupation; and
EXAMPLE: The Director shall not approve training for the
				  purpose of allowing an individual to improve his marketability (i.e., a
				  bookkeeper who wishes to become an accountant). If there exists a reasonable
				  job market for bookkeepers in the individual's locality, the Director will not
				  approve training that enhances the claimant's already marketable skills.
D) The course must consist of at
				least 12 hours per week of instruction from a competent and reliable training
				agent. This minimum of 12 hours of instruction must include contact between the
				student and the instructor. The contact could result from classroom training,
				laboratory instruction or tutoring.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2865 - CLAIMANT'S AVAILABILITY FOR WORK, ABILITY TO WORK AND ACTIVE SEARCH FOR WORK › Subpart B - REGULAR BENEFITS › Section 2865.135 - Availability For Work And Active Search For Work: Attendance At Training Courses

Current through Register Vol. 48, No. 28, July 12, 2024
a) An
				individual enrolled and in regular attendance at a training course approved by
				the Director shall not be required to make an active job search or to be
				available for work. This exemption applies to individuals applying for both
				regular and extended benefits.
b)
				In addition, an individual shall not be deemed to have been unavailable for
				work or to have failed actively to seek work for regular or extended benefits
				purposes with respect to any week because he is in training approved under
				Section 236(a)(1) of the Federal Training Act of 1974 (
				19
				U.S.C. 2296(a)(1) ), as
				provided at Section 500c(6) of the Act.)