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Public Act 094-0233
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| SB1771 Enrolled |
LRB094 03704 WGH 33709 b |
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AN ACT concerning unemployment insurance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Unemployment Insurance Act is amended by |
changing Section 1403 as follows:
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(820 ILCS 405/1403) (from Ch. 48, par. 553)
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Sec. 1403. Financing benefits paid to state employees. |
Benefits paid
to individuals with respect to whom
on the basis |
of wages paid to them for insured work in
the employ of this |
State or any of its wholly owned instrumentalities
is the last |
employer as provided in Section 1502.1 shall be financed by |
appropriations to the Department of Employment
Security. There |
is hereby established a special fund to be known as the
State |
Employees' Unemployment Benefit Fund. Such Fund shall consist |
of and
there shall be deposited in such Fund all moneys |
appropriated to the
Department of Employment Security pursuant |
to this Section, all
interest earned upon such moneys, any |
property or securities acquired
through the use thereof, all |
earnings of such property or securities,
and all other moneys |
for the Fund received from any other source. The
Fund shall be |
held by the State Treasurer, as ex-officio custodian thereof,
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separate and apart from all public moneys or funds of this |
State, but the
moneys in the Fund shall be deposited as |
required by law and maintained in
a separate account on the |
books of a savings and loan association or
bank. The Fund shall |
be administered by the Director exclusively for the
purposes of |
this Section. No moneys in the Fund shall be paid or
expended |
except upon the direction of the Director exclusively for the
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purposes of this Section.
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The State Treasurer shall be liable on his general official |
bond for
the faithful performance of his duties with regard to
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as custodian of such moneys as
may come into his hands by |
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virtue of this Section. 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 |
clearing account
Fund
herein described shall be deposited |
therein.
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In lieu of contributions required of other employers under |
this Act,
the State Treasurer, upon the direction of the |
Director, shall transfer
to and deposit in the clearing account |
established by Section 2100, an
amount equivalent to the amount |
of regular benefits and one-half the
amount of extended |
benefits (defined in Section 409) paid for weeks
which begin |
before January 1, 1979, and to the amount of all benefits
paid |
for weeks which begin on and after January 1, 1979, to |
individuals
who, during there respective base periods, were |
paid wages for insured
work by the State or any of its wholly |
owned instrumentalities. If an
individual was paid such wages |
during his base period both by the State
or any of such |
instrumentalities and by one or more other employers,
the |
amount to be so transferred by the State Treasurer with respect |
to
such individual shall be a sum which bears the same ratio to |
the total
benefits paid to the individual as the wages for |
insured work paid to
the individual during his base period by |
the State and any such
instrumentalities bear to the total |
wages for insured work paid to the
individual during the base |
period by all of the employers.
Notwithstanding the previous |
provisions of this Section with respect to
benefit years |
beginning prior to July 1, 1989, any adjustment after
September |
30, 1989 to the base period wages paid to the individual by any
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employer shall not affect the ratio for determining the amount |
to be
transferred to the clearing account by the State |
Treasurer. Provided,
however, that with respect to benefit |
years beginning on or after July 1,
1989, the State Treasurer |
shall transfer to and deposit in the clearing
account an amount |
equal to 100% of regular benefits, including dependents'
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allowances, and 100% of extended benefits, including |
dependents' allowances
paid to an individual, but only if the |
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State: (a) is the last
employer as provided in Section 1502.1 |
and (b) paid, to the individual
receiving benefits, wages for |
insured work during his base period. If the
State meets the |
requirements of (a) but not (b), with respect to benefit
years |
beginning on or after July 1, 1989, it shall be required to |
make
payments in an amount equal to 50% of regular benefits, |
including
dependents' allowances, and 50% of extended |
benefits, including dependents'
allowances, paid to an |
individual.
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On and after July 1, 2005, transfers to the clearing |
account pursuant to this Section shall be made directly from |
such funds and accounts as the appropriations to the Department |
authorize, as designated by the Director. On July 1, 2005, or |
as soon thereafter as may be reasonably practicable, all |
remaining funds in the State Employees' Unemployment Benefit |
Fund shall be transferred to the clearing account, and, upon |
the transfer of those funds, the State Employees' Unemployment |
Benefit Fund is abolished.
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The Director shall ascertain the amount to be so |
transferred and
deposited by the State Treasurer as soon as |
practicable after the end of
each calendar quarter. The |
provisions of paragraphs 4 and 5 of Section
1404B shall be |
applicable to a determination of the amount to be so
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transferred and deposited. Such deposit shall be made by the |
State
Treasurer at such times and in such manner as the |
Director may determine
and direct.
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Every department, institution, agency and instrumentality |
of the
State of Illinois shall make available to the Director |
such information
with respect to any individual who has |
performed insured work for it as
the Director may find |
practicable and necessary for the determination of
such |
individual's rights under this Act. Each such department,
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institution, agency and instrumentality shall file such |
reports with the
Director as he may by regulation prescribe.
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(Source: P.A. 86-3.)
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