Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart C - BENEFIT CHARGES › Section 2765.329 - Application of "30 Day" Requirement for Determining the Chargeable Employer Pursuant to Section 1502.1 of the Act for Benefit Years Beginning on or After January 1, 1993

Current through Register Vol. 48, No. 28, July 12, 2024
a) Effective
				with benefit years beginning on or after January 1, 1993, except as provided in
				the other subsections and in Sections
				2765.326,
				2765.330,
				2765.332,
				2765.333
				and
				2765.334,
				the last employer, prior to the beginning of each week claimed by the
				individual, for whom the individual provided services during at least 30 days
				beginning with the first day of the individual's base period (defined in
				Section 237 of the Act) but prior to the beginning of the week claimed shall be
				liable for the benefit charges or payments in lieu of contributions, as the
				case may be, that result from any benefits paid to that individual for that
				week of unemployment. Unless stated to the contrary, each of the examples in
				this Section assumes a benefit year beginning date on or after January 1, 1993.
1) EXAMPLE: Prior to the beginning of the
				week beginning on January 24, 1993, the individual provides services only to
				Company A, a liable, contributing employer, for over ten years. Company A is
				this individual's chargeable employer with respect to this individual for the
				week ending January 30, 1993 because Company A is the individual's last
				employer of at least 30 days prior to the beginning of the week beginning on
				January 24, 1993. If, after claiming benefits for a few weeks, this individual
				provides services to Company B, a liable, contributing employer, for six
				months, is laid off by Company B and files an additional claim, Company B will
				be the chargeable employer of this individual with respect to any benefit
				charges that might accrue with respect to weeks which are paid to the
				individual after the effective date of the additional claim.
2) EXAMPLE: Immediately prior to filing his
				claim for unemployment benefits for the week beginning on January 24, 1993, the
				individual provides services to Company A, a liable, contributing employer, for
				20 days. Prior to this period, he provides services to Company B, a liable,
				contributing employer, for 30 days. Prior to working for Company B and
				throughout his base period, the individual has provided at least 10 days of
				service to Company A. Company A is the chargeable employer and is liable for
				any benefit charges that might accrue as a result of any benefits paid to this
				individual for the week ending January 30, 1993. Company A is the individual's
				last employer prior to the beginning of the week beginning on January 24, 1993
				because he provided services to Company A during at least 30 days during the
				period from the beginning of his base period to the beginning of the week
				beginning on January 24, 1993. Pursuant to Section 1502.1 of the Act, it is not
				necessary for the 30 days of services by the individual to be
				consecutive.
3) EXAMPLE: The
				individual is employed on an as-needed basis (some weeks the individual might
				work four days, other weeks he might not work at all) for Company A, a liable,
				contributing employer. While so employed by Company A, the individual is also
				employed on a full time basis for Company B, a liable, contributing employer.
				The individual is laid off by Company B and is offered two days of work by
				Company A. After working for these two days, no other work is currently
				available with Company A, and the individual files a claim for benefits for the
				week ending January 23, 1993. If the individual has provided services to
				Company A for at least 30 days since the beginning of his base period, Company
				A will be liable for any benefit charges which might accrue as a result of any
				benefits that might be paid to this individual for this week. This is because,
				despite the individual's full time employment with Company B, the individual's
				last employer for whom he provided services of at least 30 days during the
				applicable period was Company A, and it was his separation from Company A that
				caused the individual to become "unemployed".
4) EXAMPLE: Assume the same facts as in
				subsection (a)(3), except that, instead of being an as-needed employee, the
				individual continues to provide less than full time services to Company A and
				earns less than his weekly benefit amount. In that case, Section
				2765.326
				shall apply, and Company B will be the chargeable employer because it caused
				this individual to become unemployed as defined in Section 239 of the
				Act.
5) EXAMPLE: The individual is
				a substitute teacher. Whenever he or she is available to teach, he calls in for
				assignments with his school district, a local governmental entity that has
				elected to make payments in lieu of contributions. During the first semester of
				the school year, he teaches only 32 days. He, however, did not work for the
				school district during his base period. If he now files a claim for benefits,
				his school district will be liable for 50% of any payments in lieu of
				contributions that would result if he would be paid benefits. This is because,
				despite his services being performed over a five month period, the school
				district is the last employer prior to the first day of the week with respect
				to which he is claiming benefits and he has performed the required 30 days of
				services during the applicable period. The employer is only liable for 50% of
				the amount of the benefits paid because the individual performed no services
				for this employer during his base period (see Section 1405(B) of the
				Act).
6) EXAMPLE: The individual
				performed services for 25 days during his base period for City A, a local
				governmental entity that has elected to make payments in lieu of contributions.
				He then performs services for Company B, a liable, contributing employer, for
				approximately 10 months. After being laid off by Company B, he is again
				employed by City A that then lays him off after he has performed services five
				days. City A will be liable for payments in lieu of contributions equal to 100%
				of the benefits paid to this individual. This is because City A is the
				individual's last employer prior to the first day of the week with respect to
				which the individual claimed benefits, and this individual performed services
				for at least 30 days beginning with the start of his base period and prior to
				the beginning of the week with respect to the individual claimed benefits. City
				A is liable for 100% of the benefits paid because, in addition to being the
				chargeable employer as provided in this subsection, the individual also
				provided services for this employer during his base period. If this employer
				had met the requirements to be the chargeable employer but this individual had
				not provided services to this employer during his base period, then this
				employer would have been liable for only 50% of the payments in lieu of
				contributions made to this individual as in subsection (a)(5). Should this
				individual return to work for Company B and again become eligible for benefits,
				Company B would be the chargeable employer with respect to any weeks that occur
				after this subsequent separation.
7) EXAMPLE: The individual is employed by
				several different employers from the beginning of his base period until the
				beginning of the first week he claims benefits. However, he does not perform
				services for at least 30 days for any single employer during this period.
				Therefore, there is no chargeable employer for that week or for any subsequent
				weeks, and no employer will be liable for either the benefit charges or
				payments in lieu of contributions as a result of payments made to this
				individual until the claimant has performed services for an employer for at
				least 30 days.
8) EXAMPLE: An
				individual is employed during his entire base period for Company A, a liable,
				contributing employer. After being laid off by Company A, he performs services
				for at least 30 days for the State of Illinois, which makes payments in lieu of
				contributions under Section 1403 of the Act. If this individual files a claim
				for benefits, the State will be liable for an amount equal to 50% of the
				benefits paid to this individual since the State is the chargeable employer but
				not a base period employer.
9)
				EXAMPLE: An individual files a claim with a benefit year that begins on
				December 1, 1992. Company A is determined to be the chargeable employer with
				respect to this claim. The individual returns to work on January 5, 1993, and
				performs services for 30 days for Company B before being laid off and filing an
				additional claim. Despite having worked for Company B for 30 days, Company A
				remains the chargeable employer in this case because the benefit year began
				prior to January 1, 1993.
10)
				EXAMPLE: An individual is laid off of work by Company A and files a new claim,
				effective January 24, 1993. Company A is found to be the chargeable employer.
				Thereafter, the individual obtains a part time job with Company B and works
				four days each week. However, she never earns over her weekly benefit amount in
				any week. Even after working for Company B for more than 30 days, Company A
				remains the chargeable employer. This is because Company B has not separated
				this individual nor caused her to become unemployed as a result of a reduction
				of the work offered, as required by Section 1502.1.
11) EXAMPLE: An individual is employed by
				Easy Living Realty as a secretary for 45 days during his base period. He leaves
				Easy Living Realty and obtains work as a secretary for Victorian Realty for 10
				days. He is then promoted to real estate salesman, paid solely by commission.
				After working as salesman for several months, he is laid off from this job. He
				then files a claim for benefits. Easy Living Realty is the chargeable employer
				in this case. The time that this individual spent as a real estate salesman for
				Victorian Realty is not included in determining whether he was employed for 30
				days for that employer because those services do not constitute employment
				under the Act.
12) EXAMPLE: An
				individual is employed by Company A for 29 days before being laid off from his
				job. He then files an unemployment insurance claim with a benefit year
				beginning date of January 24, 1993. On February 15, 1993, this individual
				returns to work for Company A and works only one day. For any weeks beginning
				after February 15, Company A meets the requirements to be the chargeable
				employer.