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Full Text of HB4416
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HB4416 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4416
Introduced 1/14/2026, by Rep. Marcus C. Evans, Jr.
SYNOPSIS AS INTRODUCED:
820 ILCS 405/612
from Ch. 48, par. 442
Amends the Unemployment Insurance Act. Provides that, with respect to
a week of unemployment beginning on or after June 1, 2026, benefits shall
be payable to an individual on the basis of wages for employment in other
than an instructional, research, or principal administrative capacity
performed for an educational institution or an educational service agency,
as long as the individual is otherwise eligible for benefits. Effective
immediately.
LRB104 17326 SPS 30750 b
A BILL FOR
HB4416
LRB104 17326 SPS 30750 b
1
AN ACT concerning employment.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Unemployment Insurance Act is amended by
5
changing Section 612 as follows:
6
(820 ILCS 405/612)
(from Ch. 48, par. 442)
7
Sec. 612.
Academic personnel; ineligibility between
8
academic years or terms.
9
A. Benefits based on wages for services which are
10
employment under the provisions of Sections 211.1, 211.2, and
11
302C shall be payable in the same amount, on the same terms,
12
and subject to the same conditions as benefits payable on the
13
basis of wages for other services which are employment under
14
this Act; except that:
15
1. An individual shall be ineligible for benefits, on
16
the basis of wages for employment in an instructional,
17
research, or principal administrative capacity performed
18
for an institution of higher education, for any week which
19
begins during the period between two successive academic
20
years, or during a similar period between two regular
21
terms, whether or not successive, or during a period of
22
paid sabbatical leave provided for in the individual's
23
contract, if the individual has a contract or contracts to
HB4416
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LRB104 17326 SPS 30750 b
1
perform services in any such capacity for any institution
2
or institutions of higher education for both such academic
3
years or both such terms.
4
This paragraph 1 shall apply with respect to any week
5
which begins prior to January 1, 1978.
6
2. An individual shall be ineligible for benefits, on
7
the basis of wages for service in employment in any
8
capacity other than those referred to in paragraph 1,
9
performed for an institution of higher learning, for any
10
week which begins after September 30, 1983, during a
11
period between two successive academic years or terms, if
12
the individual performed such service in the first of such
13
academic years or terms and there is a reasonable
14
assurance that the individual will perform such service in
15
the second of such academic years or terms.
16
3. An individual shall be ineligible for benefits, on
17
the basis of wages for service in employment in any
18
capacity other than those referred to in paragraph 1,
19
performed for an institution of higher education, for any
20
week which begins after January 5, 1985, during an
21
established and customary vacation period or holiday
22
recess, if the individual performed such service in the
23
period immediately before such vacation period or holiday
24
recess and there is a reasonable assurance that the
25
individual will perform such service in the period
26
immediately following such vacation period or holiday
HB4416
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LRB104 17326 SPS 30750 b
1
recess.
2
B. Benefits based on wages for services which are
3
employment under the provisions of Sections 211.1 and 211.2
4
shall be payable in the same amount, on the same terms, and
5
subject to the same conditions, as benefits payable on the
6
basis of wages for other services which are employment under
7
this Act, except that:
8
1. An individual shall be ineligible for benefits, on
9
the basis of wages for service in employment in an
10
instructional, research, or principal administrative
11
capacity performed for an educational institution, for any
12
week which begins after December 31, 1977, during a period
13
between two successive academic years, or during a similar
14
period between two regular terms, whether or not
15
successive, or during a period of paid sabbatical leave
16
provided for in the individual's contract, if the
17
individual performed such service in the first of such
18
academic years (or terms) and if there is a contract or a
19
reasonable assurance that the individual will perform
20
service in any such capacity for any educational
21
institution in the second of such academic years (or
22
terms).
23
2. An individual shall be ineligible for benefits, on
24
the basis of wages for service in employment in any
25
capacity other than those referred to in paragraph 1,
26
performed for an educational institution, for any week
HB4416
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LRB104 17326 SPS 30750 b
1
which begins after December 31, 1977, during a period
2
between two successive academic years or terms, if the
3
individual performed such service in the first of such
4
academic years or terms and there is a reasonable
5
assurance that the individual will perform such service in
6
the second of such academic years or terms.
7
3. An individual shall be ineligible for benefits, on
8
the basis of wages for service in employment in any
9
capacity performed for an educational institution, for any
10
week which begins after January 5, 1985, during an
11
established and customary vacation period or holiday
12
recess, if the individual performed such service in the
13
period immediately before such vacation period or holiday
14
recess and there is a reasonable assurance that the
15
individual will perform such service in the period
16
immediately following such vacation period or holiday
17
recess.
18
4. An individual shall be ineligible for benefits on
19
the basis of wages for service in employment in any
20
capacity performed in an educational institution while in
21
the employ of an educational service agency for any week
22
which begins after January 5, 1985, (a) during a period
23
between two successive academic years or terms, if the
24
individual performed such service in the first of such
25
academic years or terms and there is a reasonable
26
assurance that the individual will perform such service in
HB4416
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LRB104 17326 SPS 30750 b
1
the second of such academic years or terms; and (b) during
2
an established and customary vacation period or holiday
3
recess, if the individual performed such service in the
4
period immediately before such vacation period or holiday
5
recess and there is a reasonable assurance that the
6
individual will perform such service in the period
7
immediately following such vacation period or holiday
8
recess. The term "educational service agency" means a
9
governmental agency or governmental entity which is
10
established and operated exclusively for the purpose of
11
providing such services to one or more educational
12
institutions.
13
C. 1. If benefits are denied to any individual under the
14
provisions of paragraph 2 of either subsection A or B of this
15
Section for any week which begins on or after September 3, 1982
16
and such individual is not offered a bona fide opportunity to
17
perform such services for the educational institution for the
18
second of such academic years or terms, such individual shall
19
be entitled to a retroactive payment of benefits for each week
20
for which the individual filed a timely claim for benefits as
21
determined by the rules and regulations issued by the Director
22
for the filing of claims for benefits, provided that such
23
benefits were denied solely because of the provisions of
24
paragraph 2 of either subsection A or B of this Section.
25
2. If benefits on the basis of wages for service in
26
employment in other than an instructional, research, or
HB4416
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LRB104 17326 SPS 30750 b
1
principal administrative capacity performed in an educational
2
institution while in the employ of an educational service
3
agency are denied to any individual under the provisions of
4
subparagraph (a) of paragraph 4 of subsection B and such
5
individual is not offered a bona fide opportunity to perform
6
such services in an educational institution while in the
7
employ of an educational service agency for the second of such
8
academic years or terms, such individual shall be entitled to
9
a retroactive payment of benefits for each week for which the
10
individual filed a timely claim for benefits as determined by
11
the rules and regulations issued by the Director for the
12
filing of claims for benefits, provided that such benefits
13
were denied solely because of subparagraph (a) of paragraph 4
14
of subsection B of this Section.
15
D. Notwithstanding any other provision in this Section or
16
paragraph 2 of subsection C of Section 500 to the contrary,
17
with respect to a week of unemployment beginning on or after
18
March 15, 2020, and before September 4, 2021 (including any
19
week of unemployment beginning on or after January 1, 2021 and
20
on or before June 25, 2021 (the effective date of Public Act
21
102-26))
and with respect to a week of unemployment beginning
22
on or after June 1, 2026
, benefits shall be payable to an
23
individual on the basis of wages for employment in other than
24
an instructional, research, or principal administrative
25
capacity performed for an educational institution or an
26
educational service agency under any of the circumstances
HB4416
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LRB104 17326 SPS 30750 b
1
described in this Section, to the extent permitted under
2
Section 3304(a)(6) of the Federal Unemployment Tax Act, as
3
long as the individual is otherwise eligible for benefits.
4
(Source: P.A. 101-633, eff. 6-5-20; 102-26, eff. 6-25-21;
5
102-687, eff. 12-17-21.)
6
Section 99.
Effective date.
This Act takes effect upon
7
becoming law.
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