Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart C - BENEFIT CHARGES › Section 2765.334 - Effect Of Ineligibility Under Section 614 On Chargeability Under Section 1502.1 Of The Act

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 614 of the Act, an individual shall be
				  ineligible, on the basis of wages earned during his base period unless he was
				  either lawfully admitted to this country for permanent residence or otherwise
				  is permanently residing in this country under color of law. Because this
				  ineligibility could effect some, but not all, of the individual's base period
				  wages, it is possible that the individual could be held ineligible under
				  Section 614 of the Act but still qualify for benefits based on base period
				  wages paid after he was either lawfully admitted to this country for permanent
				  residence or otherwise is permanently residing in this county under color of
				  law. In determining whether an employer is the individual's chargeable employer
				  under this Subpart, no day on which the individual was not either lawfully
				  admitted to this country for permanent residence or otherwise was permanently
				  residing in this country under color of law will be counted in determining
				  whether the individual was employed by the employer for at least 30
				  days.
a) Example: The individual
				applied for and was granted permanent resident status on July 1, 1988. He
				worked for Company A, a liable, contributing employer, continuously from
				January 1, 1988, to the date of his separation on May 1, 1989. His base period
				began on January 1, 1988. Under Section 614 of the Act, the individual is not
				eligible for benefits based on the wages paid prior to July 1, 1988, because he
				was not either lawfully admitted to this country for permanent residence or
				otherwise was permanently residing in this country under color of law during
				this time. However, he might still be eligible for benefits based on his
				earnings during the third and fourth quarters of 1988. Company A will be the
				individual's chargeable employer under this Subpart because, even not counting
				the days of employment from January 1, 1988 to June 30, 1988, the individual
				was employed by Company A for 30 days from the beginning of his base period to
				the beginning of his claim for unemployment insurance benefits.
b) Example: The individual applied for and
				was granted permanent resident status on July 1, 1992. He worked full time for
				Company A, a liable, contributing employer, continuously from January 1, 1988,
				to the date of his separation on April 30, 1993. He filed his new benefit year
				claim, beginning May 2, 1993. His base period began on January 1, 1992. Under
				Section 614 of the Act, the individual is not eligible for benefits based on
				the wages paid prior to July 1, 1992, because he was not either lawfully
				admitted to this country for permanent residence or otherwise was permanently
				residing in this country under color of law during this time. However, he is
				eligible for benefits based on his earnings during the third and fourth
				quarters of 1992, and he is paid benefits from May 2, 1993 through May 29,
				1993. Company A will be the individual's chargeable employer under this Subpart
				because, even not counting the days of employment from January 1, 1988 to June
				30, 1992, this individual performed services for Company A for 30 days from the
				beginning of his base period to the beginning of the week with respect to which
				he files a claim for unemployment insurance benefits.
c) Example: The individual applied for and
				was granted permanent resident status on July 1, 1992. He worked full time for
				Company A, a liable, contributing employer, continuously from January 1, 1988,
				to the date of his separation on June 30, 1992. He then worked for Company B
				for the period from July 1, 1992 to the date of his separation on March 15,
				1993. He then returned to work for Company A and performed services for this
				employer for five weeks (25 days). He filed his new benefit year claim,
				beginning May 2, 1993. His base period began on January 1, 1992. Under Section
				614 of the Act, the individual is not eligible for benefits based on the wages
				paid prior to July 1, 1992, because he was not either lawfully admitted to this
				country for permanent residence or otherwise was permanently residing in this
				country under color of law during this time. However, he is eligible for
				benefits based on his earnings during the third and fourth quarters of 1992,
				and he is paid benefits from May 2, 1993 through May 29, 1993. Company B will
				be the individual's chargeable employer under this Subpart because this
				individual performed services for Company B for 30 days from the beginning of
				his base period to the beginning of the week with respect to which he files a
				claim for unemployment insurance benefits. Company A cannot be the chargeable
				employer with respect to these weeks because the individual had not performed
				services for it for 30 days since the days on which he performed services prior
				to July 1, 1992 cannot be counted in determining whether the individual
				performed services for 30 days. However, if this individual would return to
				work for Company A and perform services for an additional 5 days, Company A
				would be the chargeable employer for any weeks which begin after the individual
				performed services for these additional days.