Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2720 - CLAIMS, ADJUDICATION, APPEALS AND HEARINGS › Subpart A - GENERAL PROVISIONS › Section 2720.1 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
All other terms used in this Part shall have the meaning set
				  forth in definitions, 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
				  ].
"Adjudicator" means the person authorized to make findings,
				  determinations or recoupment decisions relating to a claimant's eligibility for
				  unemployment insurance benefits.
"Appeal" means the process of Department or judicial review
				  of a finding, determination or decision.
"Appellant" means a party who appeals a Department finding,
				  determination or decision.
"Appellee" means a party to a finding, determination or
				  decision appealed by the appellant.
"Board" means the Board of Review of the Department of
				  Employment Security.
"Call Center" is the modern day equivalent of the local
				  office where claimants and employing units can contact the Department for the
				  resolution of issues involving claims for unemployment insurance
				  benefits.
"Certification" means an individual's attestation to facts
				  regarding his or her eligibility for benefits for a particular period. The
				  Department may provide for certification in person, by telephone, by mail, or
				  through the internet. In many instances, depending upon the context, the terms
				  "certification" and "certification form" and "claim certification" or the like
				  should be considered synonymous.
"Certification Day" means the day of the week designated for
				  a telephone or internet filer to certify for benefits.
"Certification Detail Screen" means the record maintained by
				  the Department of the claimant's responses to questions asked during a
				  completed telephone or internet certification, and the date of the claimant's
				  call or internet access to the Department's system with respect to that
				  completed certification.
"Claims Series" means a week or series of consecutive weeks
				  for which benefit or waiting week credit is granted.
"Claimant" means a person who applies for benefits under the
				  Act.
"Claimant Identification Number" means the unique personal
				  identification number the Department assigns to a claimant. The Department will
				  use the Claimant Identification Number instead of the claimant's Social
				  Security Number on all material it sends to the claimant.
"CMS" means the Illinois Department of Central Management
				  Services.
"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.
"Decision" means the statement made by a Referee, the
				  Director or the Board of Review with respect to any appeal from a finding or
				  determination relating to rights or obligations under the Act, or a statement
				  by an Adjudicator that an employing unit's protest is insufficient.
"Department" means the Illinois Department of Employment
				  Security.
"Determination" means
an Adjudicator's statement of
				  whether or not a claimant is eligible for benefits or waiting week credit, and
				  the dollar amount of such benefits for each week with respect to which a claim
				  is made
[
				  820 ILCS 405/702
				  ].
"Director's Representative" means an employee of the
				  Department designated by the Director of Employment Security to conduct
				  hearings and to recommend decisions to the Director.
"Electronic Data Transmission" is a means by which the
				  Director provides an electronic transfer of the Notice of Claim to Last
				  Employing Unit and Last Employer or other Interested Party to the data center
				  of the Illinois Department of Central Management Services where the
				  transmission can be retrieved by the employing unit (see Section
				  2720.7
				  ).
"Employing Unit" shall have the meaning ascribed in Section
				  204 of the Act.
"Filing Date" means the date a document was mailed to or
				  received by the Department, whichever is earlier.
"Finding" means
a statement by an Adjudicator of the
				  amount of wages for insured work paid to a claimant during each quarter in the
				  claimant's base period by each employer
[
				  820 ILCS 405/701
				  ].
"Full-time Work" is the number of hours a class of workers
				  would customarily work if the employing unit had all 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.
"Initial Claim" means an application for benefits that,
				  meeting all monetary eligibility requirements, commences a claim series.
"Internet Filer" means a claimant who uses the internet to
				  certify.
"Local Office" means the office of the Department servicing
				  claimants who live in a specific geographical area.
"Mail Filer" means a claimant who, although he or she may use
				  the telephone or internet, is permitted to certify by mail.
"Monetary Eligibility" means a claimant's eligibility for a
				  weekly benefit amount of unemployment insurance and the amount of dependency
				  allowance, if any, based on the amount of qualifying wages paid.
"Nonmonetary Eligibility" means that the claimant has
				  established monetary eligibility and has not been found ineligible or subject
				  to disqualification under the Act from receiving unemployment insurance
				  benefits.
"Part-time Work" means
services not
normally
required for the customary schedule of full-time hours or days
				  prevailing in the establishment
in which the services are performed,
				  or services performed by a person who, owing to his or her personal
				  circumstances or the nature of the work he or she is qualified to perform,
does not customarily work the schedule of full-time hours or days
				  prevailing in the establishment in which he
or she
is
				  employed
[
				  820 ILCS
				  405/407 ]. Generally, part-time work will be less than
				  40 hours per week except when company policy or a collective bargaining
				  agreement provides for a lesser number of hours per week as full-time work. In
				  these cases, part-time work shall be work less than the number of full-time
				  hours set by the collective bargaining agreement or company policy.
"Part-total Employment" means part-time work with an
				  employing unit other than one's regular employing unit.
EXAMPLE: The claimant is laid off by Company A, his or her
				  regular employing unit, as defined in this Section, and accepts temporary,
				  part-time work with Company B, an employing unit other than his or her regular
				  employing unit. The part-time work with Company B constitutes "part-total
				  employment".
"Partial Employment" means part-time work with one's regular
				  employing unit.
"Party" means, with respect to issues of nonmonetary
				  eligibility, the claimant and any employing unit that files a timely and
				  sufficient protest pursuant to Section
				  2720.130.
				  Only a party under Section 702 of the Act may appeal a nonmonetary
				  determination or decision of the Department regarding eligibility for benefits.
				  With respect to findings under Section 701 of the Act, "party" means the
				  claimant and any employer whose base period wages are in question. With respect
				  to the issues of sufficiency and timeliness of a protest pursuant to Section
				  2720.130, "party" means only the employing unit that files the protest.
"Personal Identification Number" or "PIN" means a number that
				  enables the claimant to access the Telephone Certification System. Valid use of
				  a PIN serves as the claimant's signature.
"Protest" means the Department form Employer Notice of
				  Possible Ineligibility, or a letter in lieu thereof, that alleges the claimant
				  is not entitled to unemployment insurance benefits.
"Referee" means the administrative law judge assigned to
				  conduct hearings on appealed Adjudicator findings, determinations or recoupment
				  decisions and to make decisions on the matters appealed.
"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 9 consecutive weeks during the preceding 52 weeks.
"Service Area" means a geographical area served by a local
				  office.
"Services" means not only work actually performed, but the
				  entire employer-employee relationship. Any attachment to an employing unit for
				  which wages are payable constitutes a service for that employing unit.
"Telephone Certification System" or "TCS" means a system
				  implemented by the Department that enables a claimant to certify for benefits
				  or obtain information by touch-tone telephone.
"Telephone Filer" means a claimant who has established a PIN
				  and uses the Telephone Certification System to certify.