Ill. Admin. Code tit. 56, § 2920.50
Back Pay Awards
Effective May 14, 201943 Ill. Reg. 6563AUTHORITY: Implementing and authorized by Sections 234, 235, 239, 245, 401, 402, 500.1, 600, 605, 606, 610, 611, 1300, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405].DEPARTMENT OF EMPLOYMENT SECURITY
- a) An individual who receives a "back pay award" as a result of a decision by the National Labor Relations Board, a court of law, any other governmental agency, in accordance with the employer's grievance procedure, if any, or in voluntary settlement of any back pay dispute is considered to have received wages for services under the Act and hence is ineligible for benefits during any week of the period covered by the back pay award in which the amount of the back pay award equals or exceeds the individual's weekly benefit amount. If the amount of back pay attributable to any week covered by the back pay award is less than the individual's weekly benefit amount, the individual may be eligible for reduced benefits under Section 2920.10.
- b) Whenever an individual's back pay award is accompanied by any additional amounts awarded as a penalty, those amounts are not considered wages and do not affect an individual's eligibility for benefits under this Part.
(Source: Amended at 43 Ill. Reg. 6563, effective May 14, 2019)