Page 372

              Title 56 IDES RULES Part 2915
R-175 (05/11)
Section 2915.30 Date Benefit Ineligibility Ceases To Apply
a) If the individual overcomes the presumption of reasonable assurance of continued employment provided in Section
2915.20, the ineligibility to receive benefits set forth in Section 2915.10 shall cease to apply to such individual,
effective with the week for which the individual filed a claim for benefits, if it has been found by the Agency, in any
proceeding, that as of that week such individual had no reasonable assurance of continued employment.
b) If the additional assurance given by the educational institution or educational service agency described in Section
2915.25 fails to result in continued employment, the presumption becomes no longer effective from the date
specified by the educational institution or educational service agency in its subsequent notice of dismissal to the
individual or from the date the individual was scheduled to report back to work but the educational institution or
educational service agency fails to take him back to service, whichever occurs first. Except as provided in subsection
(c), the ineligibility to receive benefits provided in Section 612 of the Act (Ill. Rev. Stat. 1983, ch. 48, par. 442) and
Section 2915.10 of this Part shall cease to apply to such individual on the date the presumption is determined to have
become no longer effective.
c) Notwithstanding (a) and (b), if such reasonable assurance fails to materialize and the individual was previously
employed in a position other than that of one in an instructional, administrative or research capacity, the individual,
who has filed his claim in accordance with the provisions of 56 Ill. Adm. Code 2720.110 through 2720.125, shall be
entitled to a retroactive payment of benefits if he is otherwise eligible for benefits.
Section 2915.35 Benefits To Insured Workers In Educational Institutions
Benefits based on wages for services performed by an individual in the employ of an educational institution or
educational service agency operated by a governmental entity or nonprofit organization provided in Sections 211.1 and
211.2 of the Act (Ill. Rev. Stat. 1983, ch. 48, pars. 321.1 and 321.2), respectively, shall be payable in the same amount,
on the same terms, and subject to the same conditions, as any other benefits payable under the Act, except that such
individual may be ineligible for benefits for the intervening period between academic years or terms provided in Section
2915.5 of this Part.
Section 2915.40 Ineligibility Of Employees Working In One Capacity For An Academic Employer Who Cross Over
Within Years Or Terms To Work In Another Capacity For The Same Type of Academic Employer
a) For the purposes of this Subpart, an individual can perform services for an academic employer in either or both of
two capacities: professional or non-professional. "Professional" means services performed in an instructional,
research, or principal administrative capacity as these terms are defined by Section 2915.1. "Non-professional"
means all other services.
b) For the purposes of this Subpart, there are two types of academic employers. The first type is an educational
institution as defined by Section 2915.1 as well as an institution of higher education and an institution of higher
learning. The second type is an educational service agency as defined in Section 2915.1.
c) If an individual performs services for one type of academic employer in one capacity during the period before a
vacation period or holiday recess within an academic year or term, and there is a reasonable assurance that the
individual will perform services in a different capacity for the same type of academic employer for the period
immediately subsequent to such vacation period or holiday recess, the individual shall be ineligible for benefits
under Section 612 of the Act (Ill. Rev. Stat. 1991, ch. 48, par. 442) [820 ILCS 405/612] during such vacation period
or holiday recess.
Example: If a teacher employed by an educational institution receives assurance that at the end of the Christmas
holidays his employment with that educational institution will continue in January but in the capacity of a
security guard rather than as a teacher, the individual has crossed over from one capacity to another and shall be
ineligible for benefits under Section 612 of the Act during that period.
(Source: Added at 18 Ill. Reg. 4154, effective March 3, 1994)