(820 ILCS 405/2100) (from Ch. 48, par. 660)
Sec. 2100. Handling of funds - Bond - Accounts.
A. All contributions
and payments in lieu of contributions collected under this Act, including but
not limited to fund building receipts and receipts attributable to the surcharge established pursuant to Section 1506.5, together
with any interest thereon; all penalties collected pursuant to this Act; any
property or securities acquired through the use thereof; all moneys advanced
to this State's account in the unemployment trust fund pursuant to the
provisions
of Title XII of the Social Security Act, as amended; all moneys directed for
transfer from the Master Bond Fund or the Title XII Interest Fund to this State's account in the unemployment
trust fund;
all moneys received
from the Federal government as reimbursements pursuant to Section 204 of
the Federal-State Extended Unemployment Compensation Act of 1970, as amended;
all moneys credited to this State's account in the unemployment trust fund
pursuant to Section 903 of the Federal Social Security Act, as amended;
all administrative fees collected from individuals pursuant to Section 900 or from employing units pursuant to Section 2206.1; funds directed for deposit into the State's account in the Unemployment Trust Fund from any other source; and all earnings of such property or securities and any interest earned
upon any such moneys shall be paid or turned over to the Department and held by the Director,
as ex-officio custodian of
the clearing account, the unemployment trust fund account and the benefit
account, and by the State Treasurer, as ex-officio custodian of the special
administrative account, separate
and apart from all public moneys or funds of this State, as hereinafter
provided. Such moneys shall be administered by the Director exclusively
for the purposes of this Act.
No such moneys shall be paid or expended except upon the direction of the
Director in accordance with such regulations as he shall prescribe pursuant
to the provisions of this Act.
The State Treasurer shall be liable on his general official bond for the
faithful performance of his duties in connection with the moneys in the
special administrative account provided for under
this Act. Such liability on his official bond shall exist in addition to
the liability upon any separate bond given by him. All sums recovered for
losses sustained by the account shall be
deposited in that account.
The Director shall be liable on his general official bond for the faithful
performance of his duties in connection with the moneys in the clearing
account, the benefit account and unemployment trust fund account provided
for under this Act. Such liability on his official bond shall exist in
addition to the liability upon any separate bond given by him. All sums
recovered for losses sustained by any one of the accounts shall be deposited
in the account that sustained such loss.
The Treasurer shall maintain for such moneys a special
administrative account. The Director shall
maintain for such moneys 3 separate accounts: a clearing account,
a benefit account, and an unemployment trust fund account. All moneys payable
under this Act (except moneys requisitioned from this State's account in
the unemployment trust fund and deposited in the benefit account and moneys directed for deposit into the Special Programs Fund provided for under Section 2107), including
but not limited to moneys directed for transfer from the Master
Bond Fund or the Title XII Interest Fund to this State's account in the unemployment trust fund,
upon
receipt thereof, shall be immediately deposited in the
clearing account;
provided, however, that, except as is otherwise provided in this Section,
interest and penalties shall not be deemed a part of the clearing account
but shall be transferred immediately upon clearance thereof to the special
administrative account; further provided that an amount not to exceed $90,000,000 in payments attributable to the surcharge established pursuant to Section 1506.5, including any interest thereon, shall not be deemed a part of the clearing account but shall be transferred immediately upon clearance thereof to the Title XII Interest Fund.
After clearance thereof, all other moneys in the clearing account shall
be immediately deposited by the Director with the
Secretary of the Treasury of the United States of America to the credit
of the account of this State in the unemployment trust fund, established
and maintained pursuant to the Federal Social Security Act, as amended,
except fund building receipts, which shall be deposited into the Master Bond
Fund.
The benefit account shall consist of all moneys requisitioned from this
State's account in the unemployment trust fund. The moneys in the benefit
account shall be expended in accordance with regulations prescribed by the
Director and solely for the payment of benefits, refunds of contributions,
interest and penalties under the provisions of the Act, the payment of
health insurance in accordance with Section 410 of this Act, and the transfer
or payment of funds to any Federal or State agency pursuant to reciprocal
arrangements entered into by the Director under the provisions of Section
2700E, except that moneys credited to this State's account in the unemployment
trust fund pursuant to Section 903 of the Federal Social Security Act, as
amended, shall be used exclusively as provided in subsection B. For purposes
of this Section only, to the extent allowed by applicable legal
requirements, the
payment of benefits includes but is not limited to the payment of principal on
any bonds issued
pursuant to the Illinois Unemployment Insurance Trust Fund Financing Act,
exclusive of any
interest or administrative expenses in connection with the bonds. The
Director
shall, from time to time, requisition from the unemployment trust fund such
amounts, not exceeding the amounts standing to the State's account therein,
as he deems necessary solely for the payment of such benefits, refunds,
and funds, for a reasonable future period. The Director, as ex-officio
custodian of the benefit account, which shall be kept separate and apart
from all other public moneys, shall issue payment of
such benefits, refunds, health insurance and funds solely from the moneys so
received
into the benefit account. However, after January 1, 1987, no payment shall
be drawn on such benefit account unless at the time of drawing there is
sufficient money in the account to make the payment. The Director shall
retain in the clearing account
an amount of interest and
penalties equal to the amount of
interest and penalties to be refunded from the benefit account. After
clearance thereof, the amount so retained shall be immediately deposited
by the Director, as are all other moneys in the clearing account,
with the Secretary of the Treasury of the United States. If, at any
time, an insufficient amount of interest and penalties is available for
retention in the clearing account, no refund of interest or penalties
shall be made from the benefit account until a sufficient amount is
available for retention and is so retained, or until the State
Treasurer, upon the direction of the Director, transfers to the Director
a sufficient amount from the special administrative account, for
immediate deposit in the benefit account.
Any balance of moneys requisitioned from the unemployment trust fund
which remains unclaimed or unpaid in the benefit account
after the expiration of the period for which such sums were
requisitioned
shall either be deducted from estimates of and may be utilized for authorized
expenditures during succeeding periods, or, in the discretion of the
Director, shall be redeposited with the Secretary of the Treasury of the
United States to the credit of the State's account in the unemployment
trust fund.
Moneys in the clearing, benefit and special administrative accounts
shall not be commingled with other State funds but they shall be
deposited as required by law and maintained in separate accounts on the
books of a savings and loan association or bank.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments
of public funds by public agencies", approved July 23, 1943, as now or
hereafter
amended.
B. Moneys credited to the account of this State in the unemployment
trust fund by the Secretary of the Treasury of the United States
pursuant to Section 903 of the Social Security Act may be
requisitioned from this State's account and used as authorized by
Section 903. Any interest required to be paid on advances
under Title XII of the Social Security Act shall be paid in a timely manner
and shall not be paid, directly or indirectly, by an equivalent reduction
in contributions or payments in lieu of contributions from amounts in this
State's account in the unemployment trust fund. Such moneys may be
requisitioned and used for the payment of expenses incurred for the
administration of this Act, but only pursuant to a specific
appropriation by the General Assembly and only if the expenses are
incurred and the moneys are requisitioned after the enactment of an
appropriation law which:
1. Specifies the purpose or purposes for which such moneys are appropriated and the |
For purposes of paragraph (3) above, amounts obligated for
administrative purposes pursuant to an appropriation shall be chargeable
against transferred amounts at the exact time the obligation is entered
into. The appropriation, obligation, and expenditure or other disposition
of money appropriated under this subsection shall be accounted for in
accordance with standards established by the United States Secretary of Labor.
Moneys appropriated as provided herein for the payment of expenses of
administration shall be requisitioned by the Director as needed for the
payment of obligations incurred under such appropriation. Upon
requisition,
such moneys shall be deposited with the State Treasurer, who shall hold
such moneys, as ex-officio custodian thereof, in accordance with the
requirements of Section 2103 and, upon the direction of the Director,
shall make payments therefrom pursuant to such appropriation. Moneys so
deposited shall, until expended, remain a part of the unemployment trust
fund and, if any will not be expended, shall be returned promptly to the
account of this State in the unemployment trust fund.
C. The Governor is authorized to apply to the United States
Secretary of Labor for an advance or advances to this State's account in
the unemployment trust fund pursuant to the conditions set forth in
Title XII of the Federal Social Security Act, as amended. The State's account in the unemployment trust fund is authorized to receive appropriations of State funds from other State accounts to repay any such advance or advances. The amount of
any such advance may be repaid from this State's account in the
unemployment trust fund.
D. The Director shall annually on or before the first day of March report in writing to the Employment Security Advisory Board concerning the deposits into and expenditures from this State's account in the Unemployment Trust Fund.
E. The changes made by this amendatory Act of the 102nd General Assembly to subsection A and subsection C clarify authority already provided by law.
(Source: P.A. 102-700, eff. 4-19-22.)
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