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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2075
Introduced 2/25/2005, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
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820 ILCS 115/5 |
from Ch. 48, par. 39m-5 |
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Amends the Illinois Wage Payment and Collection Act. Provides that the Act does not prohibit an employer from maintaining compensation plans,
incentive plans, or agreements providing that a portion of the compensation or incentives for
employees whose total compensation exceeds $100,000 per year may be payable after
separation of employment and may be subject to nonpayment under specified terms and
conditions. Effective immediately.
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A BILL FOR
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SB2075 |
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LRB094 09183 WGH 39416 b |
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| AN ACT concerning employment.
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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 Illinois Wage Payment and Collection Act is |
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| amended by changing Section 5 as follows:
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| (820 ILCS 115/5) (from Ch. 48, par. 39m-5)
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| Sec. 5. Every employer shall pay the final compensation of |
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| separated
employees in full, at the time of separation, if |
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| possible, but in no
case later than the next regularly |
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| scheduled payday for such employee.
Where such employee |
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| requests in writing that his final compensation be
paid by |
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| check and mailed to him, the employer shall comply with this
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| request.
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| Unless otherwise provided in a collective bargaining |
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| agreement, whenever
a contract of employment or employment |
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| policy provides for paid vacations,
and an employee resigns or |
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| is terminated without having taken all vacation
time earned in |
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| accordance with such contract of employment
or employment |
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| policy, the monetary equivalent of all earned vacation
shall be |
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| paid to him or her as part of his or her final compensation
at |
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| his or her final rate of pay and no employment contract or |
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| employment
policy shall provide for forfeiture of earned |
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| vacation time upon separation.
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| Nothing in this Act prohibits an employer from maintaining |
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| compensation plans,
incentive plans, or agreements which |
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| provide that a portion of the compensation or incentives for
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| employees whose total compensation exceeds $100,000 per year |
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| may be payable after
separation of employment and may be |
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| subject to nonpayment under specified terms and
conditions.
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| (Source: P.A. 83-199.)
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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