Unemployment Insurance Benefits Handbook
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State of Illinois Department of Employment Security Unemployment Insurance Benefits Handbook
Table of Contents Protect Your Benefits ............................................................................................................ 2 Unemployment Insurance Benefits .................................................................................... 2 Insured Work ........................................................................................................................ 3 Uninsured Work ................................................................................................................... 3 Are You Eligible for Benefits? .............................................................................................. 4 When and Where to File ..................................................................................................... 8 Information Needed to File for Benefits ............................................................................ 8 What “Able to and Available for Work” Means ................................................................. 9 Actively Looking for Work................................................................................................... 9 Claiming Children as Dependents ..................................................................................... 10 Claiming a Spouse as a Dependent .................................................................................... 10 What Happens When You File Your New Claim for Benefits? ...................................... 11 Benefits Paid for Weeks ....................................................................................................... 12 Receiving Benefit Payments Via Direct Deposit .............................................................. 12 Receiving Benefit Payments Via Debit Card ..................................................................... 12 Certify for Benefits Using “Tele-Serve” ............................................................................. 13 Scheduled Appointments .................................................................................................... 13 If You Report by Mail ........................................................................................................... 15 If You Are Unable to Work .................................................................................................. 15 If You Move ........................................................................................................................... 15 When You Return to Work ................................................................................................. 15 Lost Debit Cards ................................................................................................................... 15 If You Are Overpaid ............................................................................................................. 16 False or Misleading Information ........................................................................................ 16 If Your Claim Is Contested .................................................................................................. 16 If Your Claim Is Denied at Any Time—Your Appeal Rights .......................................... 17 What Happens to Your Appeal? ......................................................................................... 17 Employer Appeal Rights ...................................................................................................... 18 How Your Benefits Are Determined .................................................................................. 18 Your Base Period ................................................................................................................... 19 Total Weekly Benefits ........................................................................................................... 20 Total Yearly Benefits ............................................................................................................. 20 Partial Benefits—Part-Time Work ..................................................................................... 20 Figuring Partial Benefits ...................................................................................................... 21 Interstate Benefits ................................................................................................................. 21 Combined Wage Claim ........................................................................................................ 22 United States Government Employees .............................................................................. 22 U.S. Military Veterans .......................................................................................................... 23 Trade Assistance Benefits .................................................................................................... 25 Profiling and Referral to Reemployment Services ........................................................... 25 Report Your Return to Work Immediately ....................................................................... 26 Final Tips for Filing .............................................................................................................. 26 Benefits May Be Taxable ...................................................................................................... 27 Your Social Security Number Is Required ......................................................................... 27 Fax Lines for Customers ...................................................................................................... 29 IDES Resources Online ........................................................................................................ 30
UNEMPLOYMENT INSURANCE BENEFITS Introduction This publication provides detailed instructions on how job seekers can apply for unemployment insurance benefits. The Illinois Department of Employment Security (IDES) collects unemployment insurance taxes from the state’s liable employers and returns those dollars to eligible Illinois workers as unemployment insurance benefits. IDES also operates an employment service and other special programs for the unemployed and underemployed and matches employer labor needs with the skills of job seekers. To find out more about IDES or for additional copies of this brochure, visit us on the Internet at www.ides.illinois.gov. Where to Find IDES Services All IDES services are available through more than 50 local IDES offices and Illinois workNet Centers throughout Illinois. To find an office near you, call 1-888-367-4382. Nondiscrimination IDES is an equal opportunity employer and complies with all state and federal nondiscrimination laws in the administration of its programs. Auxiliary aids and services are available upon request to individuals with disabilities. 1 Contact your IDES office manager or the IDES Equal Opportunity Officer at (312) 793-9290 or TTY (888) 340-1007.
UNEMPLOYMENT INSURANCE BENEFITS Protect Your Benefits Many unemployed workers lose their benefits for a week or more because they do not follow the instructions in this booklet. Mistakes in filing claims can delay payment of your benefits. If you do not understand these instructions, ask for assistance at your local IDES office or Illinois workNet Center. You are entitled to be represented in all matters relating to your claim by a person or organization of your choice. Information concerning your claim can be given to your representative only if that representative shows evidence of authorization from you. Unemployment Insurance Benefits does not protect you against wage losses while you are absent from Unemployment insurance is a work due to illness or while you are state-operated insurance program idle by choice. designed to partially compensate you for loss of wages when you are Unemployment insurance should out of work. Like fire, accident, not be confused with Social health and other types of insurance, Security, which is a federal program it is for an emergency: when you to protect you and your dependents are temporarily or permanently out against loss of earnings upon of a job or if you work less than full retirement, permanent disability time because of lack of work. or death. You pay for Social Security partially through payroll The program ensures that, if you deductions; you do not pay any meet the eligibility requirements of part of your wages, either directly the law, you will have some income or through payroll deductions, 2 while you are looking for a job, up for unemployment insurance in to a maximum of 26 full weeks in Illinois. Unemployment insurance a one-year period. Unemployment benefits are funded by tax dollars insurance, however, cannot and collected from Illinois employers.
UNEMPLOYMENT INSURANCE BENEFITS Insured Work Uninsured Work If you qualify for unemployment There are some types of work that insurance, you will receive benefits may not be insured in Illinois and based on insured work. Insured work other types of work that are insured is work performed for an employer for some employers but not insured who is subject to the law — one for others. who is required to make payments to the state under the Illinois Wages paid for work that is not Unemployment Insurance Act. insured cannot be used as a basis for claiming benefits. Some examples: The biweekly payments to you are known as benefits. To qualify for 1. Agricultural workers who are benefits, you must meet eligibility covered are those who worked requirements. If you do, benefits for an employing unit that paid will be paid to you as a matter at least $20,000 in cash wages of right. Benefits are not based to these employees during any on need; they are not charity or calendar quarter or employed welfare. 10 or more individuals within each of 20 or more calendar In Illinois, the unemployment weeks within either the current insurance program is administered or preceding calendar year. by IDES, and services are provided Other agricultural workers are to the public at local IDES offices not covered. throughout the state. 2. Domestic workers who are If you become unemployed, you covered are those who worked may file a claim at your nearest for an employing unit that paid IDES office or online at at least $1,000 in cash wages for www.ides.illinois.gov. To find the any domestic services in any office nearest you, call (800) 244- calendar quarter in either the 5631. current or preceding calendar year. Other domestic workers You should file your claim during are not covered. 3 the first week after you have become unemployed, or as soon thereafter as 3. Railroad work covered by possible. The longer you delay filing, the Railroad Unemployment the more benefits you may lose. Insurance Act is not insured.
UNEMPLOYMENT INSURANCE BENEFITS 4. Certain family employment, Are You Eligible for Benefits? such as a person working for a spouse, a parent working for Unemployment insurance, like a son or daughter or a son or other forms of insurance, requires daughter under 18 working for that certain eligibility conditions be a parent, is not covered. met before your claim can be paid. These conditions are designed to 5. Work as an insurance agent ascertain that you have been recently or solicitor paid solely on employed and are now unemployed a commission basis is not through no fault of your own. covered. ELIGIBILITY 6. Some government work in You are eligible for benefits only for special job situations (elected weeks in which you meet all of the officials) or those hired to work following conditions and are not for a short period following a subject to disqualification: disaster may not be covered. 1. You were unemployed during 7. Federal, state or locally funded that week. work relief / work training are not covered. 2. You were paid $1,600 or more in wages during your base 8. Also not covered are direct period for insured work (please sellers of consumer products see page 19.) on a buy-sell basis, by direct commission or any 3. You were paid at least $440 of similar basis in a home or your base period wages at any in an establishment other time during the base period than a permanent retail outside the calendar quarter in establishment. which your wages were highest. There are some other types of work 4. During the week, you were that are not insured under the able to work, available for work Illinois program but may be under and actively looking for work. 4 another state (see page 21) or the (Please see page 9.) federal government. If you have any questions, consult your local 5. You were registered for work IDES staff. with IDES.
UNEMPLOYMENT INSURANCE BENEFITS 6. You filed your claim for the 2. You were discharged for week as scheduled using IDES’ misconduct connected with automated Tele-Serve system your work. or as otherwise directed by your local IDES office. 3. You failed, without good cause, to apply for or accept a suitable 7. You have served one “waiting job offered to you. Under the week.” The “waiting week” is a law, a job is not suitable if: qualifying period required by law, and benefits are not paid a. The job opening exists for this week. It is usually the because of a labor dispute. first week for which you file your claim. To obtain credit b. The wages, hours or other for the waiting week you must working conditions of the job meet all the requirements are not as good as those that listed above and not be subject exist for the same kind of work to disqualification. in the same community. DISQUALIFICATIONS c. Your safety, health or morals Even though you meet the may be endangered. eligibility conditions listed above, you will not be eligible for benefits d. You would have to resign if you are disqualified. You will be from or be prevented from disqualified if: joining a union to get or keep the job. 1. You quit your job without good cause attributable e. You would displace another to your employer, unless worker under a collective you quit because of one bargaining agreement and of these reasons: health, cause that person to be laid off. sexual harassment, domestic violence, unsuitable work, (Note: If any of the first three acceptance of another job, disqualifications apply to you, failure to exercise bumping you will not be eligible for future 5 privileges or the need to benefits until you find another accompany a spouse in the job and earn an amount equal to military. or more than your weekly benefit
UNEMPLOYMENT INSURANCE BENEFITS amount in each of four calendar been or will be paid or your weeks (there are also a few types employer is obligated to pay of work that cannot be used to wages in the form of vacation requalify) and lose that job for a pay, vacation allowance or non-qualifying reason.) stand-by pay for an announced shutdown for inventory 4. You were discharged because or vacation purposes or if, you committed a felony or theft in connection with your in connection with your work. separation, the employer makes You may be denied all benefits or will make such payment and based on wages paid you up to files a timely designation of the the date of your discharge. period covered by the pay or for which you receive wages 5. You are unemployed because in lieu of notice or a back-pay a labor dispute has caused a award. stoppage of work at the place where you work. You may 8. For the same week for be denied benefits until the which you claim benefits, stoppage ends. If you can you are receiving workers’ show that you and all the compensation for a temporary other workers in your grade total disability equal to or or classification were not more than the unemployment participating in or directly insurance benefits you interested in the labor dispute, could draw for the week. If you will not be denied the amount is less than the benefits even though there is a benefits, you may be paid the stoppage. difference. 6. For the same week for which 9. Since the beginning of your you claim Illinois benefits, you prior benefit year (please see are receiving unemployment page 19) in which you were benefits from another state or paid benefits, you have not under a federal law such as earned the required amount the Railroad Unemployment to qualify for a second year of 6 Insurance Act. benefits. 7. For any week for which you 10. You will be paid or have claim benefits, you have received a retirement pension
UNEMPLOYMENT INSURANCE BENEFITS or other similar periodic the pension and the weekly payment (including Social benefit amount is $331.00. The Security) for the week for formula is as follows: which you claim benefits. One-half of your Social $1030.50 ÷ 30 = $34.35... Daily Amount Security or retirement pension payment (if paid for $34.35 x 7 = $240.45 ...... Weekly in part by your base period Retirement or chargeable employer) or Amount all of a retirement pension payment (if the base period or $240.45÷2 = $120.225..... 50% of Weekly chargeable employer paid all Amount of its cost) is deducted from $331.00 - $120.225 = your unemployment insurance $210.775 ........................... Round to Next benefits. Highest Dollar Benefit amount after Retirement pension/Social retirement deductions ... $211.00 Security is determined by using the following calculation: monthly amount 11. Your claim is based on of pension is divided by wages that were earned while thirty (30) then multiplied you worked for an educational by seven (7), which is the institution as a teacher, weekly pension amount. If researcher or administrator, the employer paid any part you are between academic of the pension, then the terms or you are on vacation weekly amount is divided by or a holiday recess and you two (2) to determine one- have the reasonable assurance half (50%). Primary Social of returning the following Security benefits are always term. However, educational 50% deductible from your personnel might qualify for unemployment insurance unemployment insurance benefit amount. benefits between and within an academic term if they have 7 For example, an individual sufficient non-academic wages. receives $1030.50 a month in You will be disqualified if you retirement pension, of which worked for any educational the employer paid part of institution as a bus driver,
UNEMPLOYMENT INSURANCE BENEFITS crossing guard, cafeteria worker, Information Needed to File for clerk, etc. and you are between Benefits academic terms and there is reasonable assurance that you • Verification of your Social will return to such work in the Security number term that immediately follows. Academic personnel might also • Names and addresses of past be disqualified during a period employers and the number of of paid sabbatical leave. days worked for each 12. You are a professional athlete, • Records showing wages earned, you are between sport seasons including dismissal wages and and there is reasonable vacation pay assurance that you will return to athletic services. • Records of any pension payments you are receiving, 13. Your benefits would be based including Social Security upon wages earned while you were an alien who was not a • Any odd-job or part-time permanent resident or did not earnings while you are have a work permit. unemployed When and Where to File • Your spouse’s employment status and Social Security File your claim for unemployment number insurance benefits during the first week after you have become • Names, birth dates and Social unemployed. Security Numbers of your children, including stepchildren, You can file for benefits online at adopted children under 18, www.ides.illinois.gov or at a local disabled children regardless of IDES office. If you are uncertain age and any child of whom you about your eligibility for benefits, have court-ordered custody ask your local IDES office for further (bring a copy of court order) 8 information. You must also register for job placement service at an IDES If, within the past two years, you office or online at www.Illinois have worked (1) in a state other than JobLink.com. Illinois, (2) for a railroad, (3) for
UNEMPLOYMENT INSURANCE BENEFITS the federal government or (4) if you chances of getting a job are have served in the armed forces, tell definitely not as good as those the claimstaker. in the community you left. (Note: The law provides jail 6. The kind of wages, hours or sentences and fines if you attempt work conditions you insist on to obtain benefits fraudulently by unreasonably limit the chances withholding pertinent information of your getting a job. or by making false statements with regard to your claim.) 7. Your main occupation is that of a student in attendance at What “Able to and or on vacation from school. Available for Work” Means However, you may be eligible for benefits if you are attending The law states that you must be able an approved training course to and available for work during any to help you get a job under week for which you claim benefits. specified circumstances. If you This means that, during the week, are enrolled in such a course, you must have been willing, inform an IDES representative ready and able to accept a suitable in the local IDES office. job. Normally this means a full- time job. You are not able to and Actively Looking for Work available for work if: The law states that you must be 1. You are sick and cannot work actively looking for work on your on any day. own initiative. You must register with the Illinois Employment 2. You are away on vacation. Service at a local IDES office, or you may register at our Internet site 3. You must stay at home to keep at www.IllinoisJobLink.com. Your house or care for your family. work preferences and skills will be matched to available job openings. 4. You have retired and will not Staff members are available at the accept a suitable job. IDES offices to provide assistance 9 with your job search. In addition, 5. After losing your last job, you will be expected to regularly you move to and stay in inform IDES about: a community where your
UNEMPLOYMENT INSURANCE BENEFITS 1. What you are doing to find unable to work because of work. illness or other disability during the 90 days prior to the 2. The kind of work you have first day of each week for which been seeking. you file a claim for benefits. 3. Your prospects of being hired. 4. The child is your natural child, your stepchild or your adopted Keep a record of the dates and child, or the child is in your places you apply for work. At the custody by court order. time you file your claim, you will be provided with a work search 5. You provided more than one- document to record your efforts half of the support for the child to find work. If your period of for the 90 days prior to the first unemployment becomes extended, day of each week for which you you may have to consider altering file a claim for benefits (or for your requirements to improve your the duration of the relationship chances of finding work. if it existed for less than 90 days) or you provided at least Claiming Children as one-quarter of the support if Dependents you and your spouse together provided more than one-half You may claim a child as a the support and were members dependent if all of the following of the same household. conditions apply: If you were prevented by illness or 1. The child has not been injury from supporting your child or claimed as a dependent by children during the 90-day period anyone else during the past but were legally obligated to support year. them, you are considered to have supported them. 2. The child is not a member of the same family in which one Claiming a Spouse as a child has been claimed as a Dependent 10 dependent by the other parent. You may claim your spouse as 3. The child is under 18 years a dependent if she/he does not of age, or, if older, has been have enough wages of their own
UNEMPLOYMENT INSURANCE BENEFITS to qualify for benefits and you 3. You will be informed that provided more than one-half of you must actively look for your spouse’s support for the 90 work and must maintain your days prior to the first day of each work search efforts on a form week for which you file a claim for provided by this agency. This benefits. document must be produced if requested by this agency. However, if your marriage took place less than 90 days before A determination that you were the first day of the benefit week, actively seeking work during a you may claim your spouse as a week being claimed is subject to dependent if he/she does not have reconsideration. (The determination enough wages to qualify for benefits may be reconsidered despite and you have provided more than the fact that you have been paid one-half of their support since the benefits or returned to work since date of the marriage. then.) In order to preserve evidence that you were actively seeking work, If you were prevented by illness or do not discard your written work injury from supporting your wife or search record for any week being husband during the 90-day period claimed until 53 weeks have passed but were legally obligated to provide from the end of that week. Further, support, you are considered to have if there is an appeal pending supported her or him. regarding your active work search for a week, keep your written work You cannot claim both a dependent search record until there has been a spouse and a dependent child. final resolution of the matter. What Happens When You File After your claim is filed, IDES Your New Claim for Benefits? prepares and sends you a statement called a finding. The finding shows: 1. After you file your claim, you will be assigned a call day to 1. The wages you were paid by certify for weeks of benefits. each employer in each calendar quarter of your base period 11 2. You will be required to register for insured work and the total for work with the Illinois wages paid to you during the Employment Service. base period.
UNEMPLOYMENT INSURANCE BENEFITS 2. The ending date of your Receiving Benefit Payments via benefit year. Direct Deposit 3. Your weekly benefit amount. Claimants can opt to receive benefit payments by direct deposit 4. Your maximum amount of or debit card. Direct deposit is a benefits. more convenient and reliable way to receive benefit payments. The If the finding is correct, retain benefit payments are deposited it. If it is not, report the error into the specified account typically immediately to IDES. Please be within two business days after the prepared to show proof of wages claimant certifies for benefits. paid during your base period (i.e., W-2 statements, check stubs, To sign up for direct deposit, log on etc.). Once you file a claim for to www.ides.illinois.gov and click unemployment insurance benefits, the link for direct deposit. This link you cannot withdraw the claim, will also instruct you on how to edit even if a claim with a later effective your banking information or cancel date would result in a higher weekly your direct deposit. If you do not benefit amount. sign up for direct deposit, you will receive your benefit payments via Benefits Paid for Weeks debit card. Benefits are paid for calendar weeks Receiving Benefit Payments via of unemployment. A calendar Debit Card week begins on Sunday and ends on Saturday. Benefits are paid for Claimants will automatically receive a week of unemployment after the their unemployment insurance end of the week. Your assigned benefits by debit card, unless they call day, certification day or register for direct deposit. The card appointment is always on a date will be mailed to the claimant, after your week of unemployment. and the benefit payment amount You cannot receive benefits for a will be downloaded onto the card week until you have certified for approximately two business days 12 that week by telephone or mail, after you certify for benefits with as directed, and have met all the IDES. The card is administered eligibility requirements during that jointly by a major bank card issuer week. and IDES. All benefit payments
UNEMPLOYMENT INSURANCE BENEFITS will be made via debit card unless 6. Allows you to request (IRS a claimant has requested direct 1099-G) information on the deposit. For more information total amount of benefits that regarding debit cards, log on to IDES paid to you in the past www.ides.illinois.gov and select calendar year and prior calendar the debit card option. years (with a seven-year limit). Certify for Benefits Using When you file your claim for “Tele-Serve” unemployment insurance, you will receive a Tele-Serve booklet that IDES permits you to file biweekly provides detailed instructions on certifications by telephone. IDES how to use Tele-Serve and file your uses a touch-tone voice response biweekly claim certification by system called “Tele-Serve,” which: telephone. 1. Provides a fast, reliable What do you need to certify for way to answer questions benefits through Tele-Serve? regarding certification of your unemployment insurance • Your Social Security number benefits. and your PIN. 2. Allows you to reopen your • Any gross wages you earned or claim by telephone, under holiday pay received during the specific conditions. certification period. 3. Provides status information • Paper and pencil to record on your current claim and information during your call. tells you the date that your last benefit payment was processed. If you have any questions about Tele- Serve, contact your local IDES office 4. Gives you general information to avoid a delay. regarding employment and unemployment services that Scheduled Appointments are available through IDES. 13 After filing your claim, you may be 5. Provides IDES locations when scheduled to return to your local you enter your zip code. IDES office for an appointment,
UNEMPLOYMENT INSURANCE BENEFITS or you may be scheduled for • About any vacation pay, a telephone interview. When holiday pay or other income scheduled, remember to do the you have received since you following: last reported to the office. 1. Always report to your local • If you were sick or otherwise IDES office on the date and unable to work or not ready time you are scheduled. If you to take a job for any reason are scheduled for a telephone since you last reported. interview, always make yourself available to accept the phone • If you quit, refused or were call at the telephone number discharged from a job. you have provided. Claimants on a phone interview should be • If you were out of work since in an environment where they you last reported because of can hear well, take notes and a labor dispute. not be distracted. If you are not available for your appointment, • If you received or applied for report to your local IDES office unemployment benefits from as soon as possible to explain a state other than Illinois why you were unavailable. If since you last reported. you do not have good cause for not being available, you may • Where you looked for work lose benefits. since you last reported. Keep a separate record of all work 2. If your appointment is search efforts as you may scheduled in person, bring be required to provide this all other completed forms or information later. documents you were instructed to bring. • If you had earnings since you last reported. Report the 3. At your interview, be prepared gross amount earned before to tell our representative: taxes, not your take-home pay. Earnings in the form of 14 • About any work you lodging, meals, merchandise performed since you last or in any other form should reported to the office. be included.
UNEMPLOYMENT INSURANCE BENEFITS Remember, wages must be reported benefit payment for that week will for the week when you earn them, be reduced by one-fifth of your not when you actually receive them weekly benefit amount. If you are (please see page 19). unable to work for five work days in a week, you will not receive If You Report by Mail any benefits for that week. If you become ill for an indefinite period, 1. Inquire at your local IDES notify your local IDES office as office to make sure that you soon as you are able to work. meet the specific conditions that permit you to be a If You Move designated mail filer. Notify IDES staff of your new 2. Make sure the forms you address and file a change-of-address are mailing are filled out notice with your local U.S. Postal completely. Please use black Station. ink. When You Return to Work 3. Be sure to mail your certification according to the Notify your local IDES staff by instructions listed on the form, mail as soon as possible, but not unless you are given other later than 14 days after the day you instructions by staff at your were supposed to certify. When local IDES office. reporting your return to work by mail, please include your Social 4. Be sure to sign all forms that Security number. require your signature. If you report in person, tell the 5. Do not hesitate to contact your claims representative the date you IDES staff if you do not receive started work and the name and your next certification form address of your employer. when you were told to expect it. Lost Debit Cards 15 If You Are Unable to Work If you lose your debit card, call 1-866-728-2167. For each work day you are sick or otherwise unable to work, your
UNEMPLOYMENT INSURANCE BENEFITS If You Are Overpaid months in jail or both. In addition to possible criminal penalties, If you are overpaid, the amount you may not draw benefits again may be recouped from benefits until you have served a number payable to you. If the overpayment of penalty weeks (or two years is due to reasons other than have elapsed from the time your fraud, i.e., knowingly giving false ineligibility began) and you have or misleading information, the repaid the amount of benefits amount recouped may not be received through fraud or that more than 25 percent of your amount has been recovered from weekly benefit amount for each benefits otherwise payable to you. week you are eligible for benefits. Each employer for whom you The overpayment could result work files with the state of Illinois in a comptroller’s offset of state a record of wages paid to you and payments (such as state income tax the quarter the wages were paid. refunds and lottery winnings). Your claim is checked against these wage records. If an overpayment is not your fault and you can show financial When you file a claim, all the hardship, you may request that information you provide is the overpayment not be recouped checked by investigators. Your last temporarily from any benefits employer and, in some cases, other you are entitled to receive. Even if former employers are notified recoupment is waived temporarily, of your claim. The information you still are responsible for the provided could affect your amount of benefits overpaid to receiving benefits. you. If Your Claim Is Contested False or Misleading Information You will be given an opportunity to present the facts to an IDES The giving of false or misleading claims adjudicator. If witnesses information, or the holding back are required to help present your of any information in order to case, you must arrange for them 16 draw benefits to which you are to attend the meeting. Benefits not entitled, is punishable under will be paid promptly if the claims Illinois law. You may be subject adjudicator determines that you to a fine of up to $500 or six are eligible for benefits.
UNEMPLOYMENT INSURANCE BENEFITS If Your Claim Is Denied at Any 2. At the hearing you will be Time – Your Appeal Rights given every opportunity to present your case. Facts in 1. You may appeal any support of your claim should determination that denies you be presented at this time. If benefits. witnesses are required to help present your case, you must 2. Ask an IDES staff member arrange for them to attend. at your local IDES office to explain your appeal rights and 3. In the hearing you have the to help you file the appeal. right to have a representative – an attorney or any other 3. The law sets time limits for person you choose – to help appeals. You must file your you. The state contracts with appeal within 30 days after a law firms to provide limited letter of denial has been mailed free legal services at IDES to you. If the last day for filing appeal hearings to claimants your appeal is Saturday or and certain small employers. Sunday, or any other day the Representation at your hearing office is closed, the appeal may is not automatic and depends be filed on the next day the on the facts of your case. office is open. If you mail your Even if you do not qualify for appeal, it must be postmarked representation, an attorney within the time limit. will speak with you about your case. If you are interested in 4. You may fax your appeal to this service, call 1-800-884- the designated fax number on 6591. To obtain this service your determination, within the you must call right away after prescribed time period. receiving a ruling against you or notice of an appeal. Any What Happens to Your Appeal? delay in calling could result in your not being able to obtain 1. Your appeal will be assigned this service. to an impartial referee for a 17 hearing. You will be notified 4. If the referee decides against of the date and time of the you, you have the right to hearing. appeal to the Board of Review,
UNEMPLOYMENT INSURANCE BENEFITS an independent five-person IDES on your eligibility for benefits. body appointed by the If this information is provided governor. You have 30 days within the specified period of time, from the date of the referee’s an employer has the right under decision to file this appeal. Your Illinois law to appeal the decision local IDES staff can assist you. that allowed your benefits. 5. If you disagree with the Benefits will be paid to you on the decision of the Board of determination that allowed your Review, you may file an appeal benefits even though the employer in the Circuit Court of the has appealed. If the employer wins county in which you live if you the appeal, and a referee holds that live in Illinois, or in the Circuit the benefits should not have been Court of Cook County if you paid to you, action will be taken to live in another state. You will recover those benefits. Since you not be required to pay court will be asked to repay any benefits costs. You may, however, have received in error, it is important to pay for the service of a that you participate in the referee summons and for a transcript hearing on the employer’s appeal to of the record. present your side of the case. Continue to certify regularly and If an employer has appealed, you report to your local IDES staff as will be notified of the date and time directed for as long as your appeal is of the hearing. pending and as long as you remain unemployed. If the final decision How Your Benefits Are is in your favor, you can be paid Determined benefits only for those weeks for which you filed claims and met all The effective date of your first valid eligibility requirements. claim starts your benefit year. Usually this is the Sunday of the Employer Appeal Rights week in which you first file your claim. Your benefit year is the full When you file your first claim for year that begins on that date. For 18 benefits, your last employer and, example, if the date of your valid in some instances, other former claim is in March, your benefit year employers are notified. They have will continue through March of the the right to submit information to following year.
UNEMPLOYMENT INSURANCE BENEFITS If your Benefit Year Begins: Your Base Period Will Be: Last Year Between: This Year Between: Jan. 1 and Sept. 30 and the year Jan. 1 and March 31 before between Oct. 1 and Dec. 31 This Year Between: Last Year Between: April 1 and June 30 Jan. 1 and Dec. 31 Last Year Between: This Year Between: April 1 and Dec. 31 and this year July 1 and Sept. 30 between Jan. 1 and March 31 This Year Between: Last Year Between: Oct. 1 and Dec. 31 July 1 and Dec. 31 and this year between Jan. 1 and June 30 Your weekly benefits and the total can file a valid claim and start your amount of benefits that can be paid benefit year in December only if, to you during your benefit year during your base period of July 1 depend on the amount of wages for through June 30, you were paid insured work paid to you during wages of at least $1,600 for insured your base period. work and, outside your highest quarter of earnings for insured Your Base Period work, you were paid at least $440. If you meet these base period wage The base period consists of the requirements and start your benefit first four of the last five completed year in December, your weekly calendar quarters immediately benefits and the total amount of preceding the beginning of benefits that can be paid to you your benefit year. There are four during your benefit year depend calendar quarters: January–March, on the amount of wages for insured April–June, July–September and work paid to you during your October–December. base period (July 1, 2005, through June 30, 2006). If you have been Using the table above: If your awarded temporary total disability 19 benefit year begins in December under a workers’ compensation of 2006, your base period is the act or other similar acts, your four calendar quarters from July 1, base period may be determined 2005, through June 30, 2006. You differently.
UNEMPLOYMENT INSURANCE BENEFITS Unemployed individuals who your weekly benefit amount equal lack sufficient wages to qualify the total amount payable for the for unemployment benefits using week. the standard base period may be eligible under an alternate base Regardless of how much you were period. The alternate base period paid in your two highest quarters, is the four most recent completed the total amount payable to you for quarters. It is important to note a week cannot exceed a legislatively that the alternate base period can set maximum amount. only be used if the claimant is not monetarily eligible under the Your local IDES staff can provide standard base period and not to you with a table to confirm the increase a claimant’s weekly benefit calculation of your benefits. You amount. Contact a local IDES can confirm the calculation of your office for more information. benefits on the IDES Web site: www.ides.illinois.gov. Total Weekly Benefits Total Yearly Benefits This is the amount of benefits you will be paid for any week The total amount of benefits that in your benefit year if you are can be paid to you during your unemployed and meet all of the benefit year is 26 times your weekly eligibility requirements (unless benefit amount plus an allowance you have already exhausted all for dependents or an amount your benefits). The size of your equal to the total wages for insured weekly benefit amount depends on work paid to you during your base the amount of wages for insured period, whichever amount is less. work paid to you during the two calendar quarters of your base Partial Benefits–Part-Time period in which your wages were Work highest. You may claim some benefits for In addition to your weekly benefit a week if you work less than full amount, if you have a dependent time because of lack of work. Your 20 child or nonworking spouse earnings for the week must be less you will receive an additional than the weekly benefit amount allowance for the dependent. A (this amount does not include dependent’s allowance, if any, plus a dependent’s allowance) you
UNEMPLOYMENT INSURANCE BENEFITS would receive if you were totally Note: The full amount of holiday unemployed for the week. or vacation pay will be deducted from your weekly benefit amount. You must report all your earnings from part-time work. Interstate Benefits Figuring Partial Benefits Any state you move to will help you file a benefits claim against Partial benefits equal the difference Illinois and will provide the same between that part of your earnings service and assistance you would that exceed 50 percent of your receive in Illinois. This is also weekly benefit amount and your true in the District of Columbia, weekly benefit amount for total Puerto Rico, the Virgin Islands unemployment. If the partial and Canada. The state in which benefit amount does not come to an you file your claim acts as an even dollar, it is raised to the next agent state. File your claim at the higher dollar, provided it does not unemployment insurance office exceed your weekly benefit amount. that serves the area in which you live. For example: If your weekly benefit amount When you file your claim against (not including dependency Illinois, Illinois will determine allowance) is ................................ $110.00 what benefits you will receive if 50% of that amount is ................ $55.00 you are eligible. The statement of If your earnings are .................... $76.50 your base period wages and notices The amount that exceeds 50% of decisions on your claim will be of your weekly benefit amount sent directly to you. You must meet is .................................................... $21.50 all the requirements of Illinois law The difference between your no matter where you file a claim, weekly benefit amount ............... $110.00 and the final decision on your claim will be made by Illinois. And the amount of your earnings that exceeds 50% of The agent state will tell you the day your weekly benefit amount ...... $21.50 and hour when you must report to 21 Gives you a partial benefit an office if necessary. amount of..................................... $88.50 Raised to the next highest The agent state will also register dollar ............................................ $89.00 you for work.
UNEMPLOYMENT INSURANCE BENEFITS If you are newly arrived in Illinois, Wages paid to you by the federal you may be able to claim benefits government as a civilian employee from your home state. qualify you for benefits under any state unemployment insurance act Combined Wage Claim just as if the wages were paid by a private employer that contributes A nationwide arrangement exists to the unemployment insurance that allows you, under certain fund of that state. Your benefit circumstances, to combine the rights will be determined by the wages you have earned in more law of the state against which you than one state either to qualify you file your claim. Report to the local for benefits or to increase your unemployment insurance office benefits. servicing the area in which you live. The claims representative at If you have worked in other states that office will tell you how to file during the past two years, be sure to a claim and against what state the tell the claims representative when claim should be filed. If your claim you file your new claim. You will be is filed against Illinois, your benefit given complete information about rights will be determined by the your rights to file a Combined Illinois Unemployment Insurance Wage Claim. Act and you must comply with the requirements of Illinois law to United States Government receive benefits. Employees If your claim is filed against another If you have worked as a civilian state, your benefit rights will be employee of the federal government determined by the law of that state. during the last two years, you may be eligible for unemployment Federal civilian service and insurance benefits based on wages are assigned to the state government wages you were paid. in which your last official duty station was located. However, if Tell the claims representative about you had covered employment this employment and show your (i.e., employment for which your 22 Standard Form 8 and Personnel employer contributed to the Action Form 50 or any other unemployment insurance fund) documents that prove that you with a non-federal employer in a worked for the federal government. state other than the state in which
UNEMPLOYMENT INSURANCE BENEFITS your last official duty station you should apply to the U.S. was located, your federal civilian Civil Service Commission and/ service and wages will be assigned or contact the personnel office of to the state in which you worked the federal agency from which you in non-federal employment after have been separated. leaving federal service. The service and wages are assigned to the state All state laws provide the right of whenever you, following your appeal to a claimant who is denied separation from federal civilian benefits for any reason. In most service, establish an unemployment matters your appeal rights are the insurance claim on which benefits same as those of any other claimant may be paid. That particular state in the state. However, federal law then has control over all your provides that determinations of federal civilian service and wages. federal service and duty station given by the federal agency shall be As a former federal civilian conclusive. employee, you may have reemployment rights with your If you believe that the information former employer (federal agency) reported by your federal agency depending upon your employment is incorrect, you have the right to status at the time of separation request a review by that agency. from work: Appeals or requests for review should be made at the local Career Status: If you have been unemployment insurance office separated by a reduction in force, where you report to file your claim. priority will be given to you in filling vacant positions within U.S. Military Veterans the federal government for a period of two years from the date As an ex-serviceman or woman, of the reduction in force. you have potential reemployment rights with your pre-service Career-Conditioned Status: If employer. Applications for you have not served a one-year reemployment, however, must be probationary period, your name filed within a certain time period 23 will be on the list for one year. after completion of military service. If you need further To protect your rights and your assistance concerning protection of unemployment insurance benefits, these rights, contact the Veterans
UNEMPLOYMENT INSURANCE BENEFITS Employment and Training Service The assignment of your military of the U.S. Department of Labor at service and wages is by the Federal 312-793-3433. Claims Control Center, operated by Lockheed Martin Information If you had active federal service Technology, in order to avoid in the armed forces, you may be any duplication of assignment by able to receive unemployment some other state. A duplication insurance benefits based upon of assignment of your service the pay and allowances applicable and wages will result in a delay of to your pay grade at the time of payment to you. Therefore, if you separation from active military have filed a claim (regardless of service. whether or not you received any benefit payments) in another state To qualify for unemployment since your separation from the insurance benefits, you must have armed forces, give that information been discharged or released from to the claims representative of the the armed forces under honorable IDES office servicing you. conditions and, if an officer, you must not have resigned for the good Your benefit payments are based of the service. on your military wages, which are determined by a schedule File your unemployment insurance of remuneration established by claim and register for work at the the U.S. Secretary of Labor. This nearest local IDES office. Bring schedule contains the dollar with you Copy Four of your DD equivalent broken down to daily, Form 214, your Social Security weekly and monthly rates for each card and your record of all civilian pay grade in the armed forces. Your employment, if any, during the last pay grade at the time of separation two years. from active duty will determine your benefit amount. Federal law requires that military service and wages be assigned to the Your benefit rights will be state where you first file a claim for determined by the law of the state unemployment insurance benefits in which you first file a claim 24 following separation from active for unemployment insurance military service. Once assigned, all and establish a benefit year after federal military service and wages your last separation from active remain assigned to that state. military service. To establish a
UNEMPLOYMENT INSURANCE BENEFITS benefit year, you must have had a Appeals or requests for review certain amount of active service in should be made at the local IDES the armed forces within the base office where you filed your claim. period applicable to that benefit year (please see page 19). If your Trade Assistance Benefits first claim establishing a benefit year is filed in Illinois, you must Workers who lose their jobs or who comply with all the requirements experience reduced work hours of Illinois law. In addition, federal and wages as a result of increased law provides that your benefits imports or the shifting of their jobs cannot begin during a period for abroad may qualify for additional which you are receiving federal benefits under the Trade Reform subsistence allowances under the Act of 2002. (The worker group Vocational Rehabilitation Act must be certified as eligible by the or educational assistance under federal Department of Labor.) the War Orphans’ and Widows’ Educational Assistance Act. The benefits administered by IDES include income support, the Health All state unemployment insurance Coverage Tax Credit and alternate laws provide the right of appeal to trade assistance for older workers. a person who is denied benefits for any reason. In most matters, your Individuals should contact the local appeal rights are the same as those IDES office where they filed their of any other claimant in your state. unemployment claim. Or to find However, federal law provides that the nearest office, call 1-888-367- the appropriate federal agency’s 4382. determination of your active military service, your pay grade Profiling and Referral to at the time of discharge or release Reemployment Services from active military service and the type of discharge or release you In accordance with federal law, all received from such service shall be unemployment insurance claimants final and conclusive. If you believe are profiled, based on various that the information on your work-related characteristics, to 25 separation document is incorrect, determine the likelihood that they you may ask for a review by the will exhaust all of their benefits appropriate federal agency. and may need extra help in
UNEMPLOYMENT INSURANCE BENEFITS finding work. These individuals Final Tips for Filing may then be referred for more intensive reemployment services. If you remember to do the These services include a personal following, your unemployment assessment of your needs and insurance application should recommended activities to enhance be processed smoothly and your job search such as resume require minimum time spent on writing, interviewing tips and paperwork. referral to available training or local job clubs. 1. Always provide your name, address and Social Security If you are referred to reemployment number whenever you write to services and you refuse to your local IDES staff. participate without good reason, you can be denied unemployment 2. Report at your assigned benefits until you agree to time. The purpose of specific participate. appointment times is to spread work evenly over the week so Report Your Return to Work that you can receive service IMMEDIATELY! with minimum delay. Employers are required to report 3. Be aware of office procedures. all new hires to IDES. These reports IDES employees perform are used to identify individuals many different tasks and follow who are collecting unemployment office procedures to ensure insurance benefits after they have that all customers are served returned to work. Failure to report in the order in which they your return to work or all gross arrived. If staff are observed wages earned during weeks covered working alone at their desks, by your certification will result they most likely are recording in an overpayment of benefits, information on their previous and potentially a determination customer’s claim, which must of fraud that entails penalty be completed before the next weeks, comptroller’s offset of state person is called. 26 payments (such as state income tax refunds and lottery winnings) and 4. Be patient awaiting your first prosecution for state benefits fraud. benefit payment. IDES pays
UNEMPLOYMENT INSURANCE BENEFITS benefits in a timely manner. benefits paid to you at the end of After that, benefit payments each calendar year. should occur every two weeks as long as you remember to If you elected to have federal and/ certify your claim on your or State of Illinois income taxes assigned day. deducted and withheld from your unemployment insurance benefit Benefits May Be Taxable payments, the Form 1099-G will reflect the total amount deducted Your unemployment insurance and withheld for that calendar year. benefits may be fully taxable on The Internal Revenue Service and your state and federal income tax Illinois Revenue Department will be returns. The Tax Reform Act of given the same information. 1986 amended the law to make unemployment insurance benefits Your Social Security Number Is taxable if you are required to file Required a state or federal tax return. You may elect to have federal and/ You will be asked to furnish your or State of Illinois income taxes Social Security account number deducted and withheld from your on the claim forms given to you. unemployment insurance benefit Your Social Security number is payments. Deductions are made solicited under the authority of the at predetermined levels: 10% for Internal Revenue Code of 1986 federal income tax and 3.75% for [26 U.S.C. 85, 6011(a), 6050B and state income tax. 6109(a)]. Disclosure of your Social Security number for this purpose If you do not elect to have federal is mandatory, and it must be and/or State of Illinois income taxes entered on the forms you submit deducted and withheld from your to claim unemployment insurance unemployment insurance benefit benefits. The validity of the Social payments, you may be required to Security number you provide will make estimated tax payments using be verified with the Social Security Internal Revenue Service Form Administration. 1040ES and the Illinois Department 27 of Revenue form, IL 1040ES. Your Social Security number will be used to report your unemployment IDES will provide you with IRS insurance benefits to the Internal Form 1099-G, a statement of Revenue Service as income that
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