Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart C - BENEFIT CHARGES › Section 2765.333 - Effect of Ineligibility Under Section 612 on Chargeability Under Section 1502.1 of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
Whenever the individual's last employer is an educational
				  institution or is an educational service agency, then the educational
				  institution or educational service agency shall not be liable for benefit
				  charges on the basis of benefits paid to that individual during the period
				  between two consecutive academic years or terms if the individual has a
				  reasonable assurance that he or she will perform service in any capacity for
				  any educational institution or educational service agency in the second of the
				  academic years or terms. In these instances, it is not necessary that the
				  individual be ineligible under Section 612 of the Act if Section 612 would have
				  applied if the individual had had wages from an educational institution or
				  educational service agency during his or her base period. This Section shall
				  also apply to payments in lieu of contributions.
a) EXAMPLE: An individual is employed as a
				teacher for a public school. However, during his base period, he earned
				sufficient wages from a non-educational employer to qualify for benefits. If
				this individual is held to be ineligible during a period between academic terms
				on the basis of his wages from the public school, he could still qualify for
				benefits based on his wages from the non-educational employer. Even if the
				public school would otherwise be the individual's last employer pursuant to
				this Subpart, the public school will not be liable for any benefit charges that
				might accrue as a result of payments to that individual during his period of
				ineligibility under Section 612 of the Act.
b) EXAMPLE: The individual is employed by a
				private employer during his entire base period. Thereafter, he obtains work as
				a teacher for a public school. When he is off of work during the summer, the
				individual applies for unemployment insurance benefits. If this individual has
				a reasonable assurance in the second academic year or term, then the public
				school is the last employer during this period, but it will not be liable for
				any benefit charges or payments in lieu of contributions that might accrue as
				the result of payments made to this individual. In this case, any benefit
				charges will be pooled.
c) EXAMPLE:
				The individual is employed by a private employer during his entire base period.
				Thereafter he obtains work as a teacher for a public school. He is discharged
				by the school for non-disqualifying reasons and files a new claim with a
				benefit year beginning January 10, 1993. He is then paid benefits for the
				period from January 10, 1993 through January 30, 1993, at that time he is
				rehired by this same public school. If the school meets the other requirements
				for chargeability, it will be liable for any benefit charges or payments in
				lieu of contributions that accrue for this period. However, if this same
				individual is then off of work during the summer and has a reasonable assurance
				of similar employment in the second academic year or term, while the public
				school would otherwise be the chargeable employer during this period, it will
				not be liable for any benefit charges or payments in lieu of contributions that
				might accrue as the result of payments made to this individual during the
				period. In this case, any benefit charges will be pooled. However, this pooling
				occurs only for the period of ineligibility or potential ineligibility under
				Section 612 of the Act.
d) EXAMPLE:
				Assume the same facts as in subsection (c), except that the individual is later
				laid off for lack of work by the school district for the week ending October
				16, 1993. The school district will be the chargeable employer for this
				week.
e) EXAMPLE: The individual is
				employed by Company A for 2 years until his layoff in May 1993. He is then
				employed for 20 days by a public school district as a teacher. He is laid off
				for the summer vacation but has a reasonable assurance of reemployment by the
				school district when the new academic year or term begins. The individual is
				not ineligible for benefits under Section 612 of the Act because he was not
				employed by the school district during his base period. Because Company A is
				the last employer for whom this individual performed services for at least 30
				days, it is the chargeable employer for any weeks paid to this individual
				during the summer period. Section 1502.1 A(3)(a)(ii)(5) of the Act does not
				apply to this situation because Company A is not the employer that laid the
				individual off between academic years or terms.