Rep. Lindsey LaPointe

Filed: 4/16/2021





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2    AMENDMENT NO. ______. Amend House Bill 1204 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Unemployment Insurance Act is amended by
5changing Section 900 as follows:
6    (820 ILCS 405/900)  (from Ch. 48, par. 490)
7    Sec. 900. Recoupment.)
8    A. Whenever an individual has received any sum as benefits
9for which he is found to have been ineligible, the amount
10thereof may be recovered by suit in the name of the People of
11the State of Illinois, or, from benefits payable to him, may be
13        1. At any time, if, to receive such sum, he knowingly
14    made a false statement or knowingly failed to disclose a
15    material fact.
16        2. Within 3 years from any date prior to January 1,



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1    1984, on which he has been found to have been ineligible
2    for any other reason, pursuant to a reconsidered finding
3    or a reconsidered determination, or pursuant to the
4    decision of a Referee (or of the Director or his
5    representative under Section 604) which modifies or sets
6    aside a finding or a reconsidered finding or a
7    determination or a reconsidered determination; or within 5
8    years from any date after December 31, 1983, on which he
9    has been found to have been ineligible for any other
10    reason, pursuant to a reconsidered finding or a
11    reconsidered determination, or pursuant to the decision of
12    a Referee (or of the Director or his representative under
13    Section 604) which modifies or sets aside a finding or a
14    reconsidered finding or a determination or a reconsidered
15    determination. Recoupment pursuant to the provisions of
16    this paragraph from benefits payable to an individual for
17    any week may be waived upon the individual's request, if
18    the sum referred to in paragraph A was received by the
19    individual without fault on his part and if such
20    recoupment would be against equity and good conscience.
21    Such waiver may be denied with respect to any subsequent
22    week if, in that week, the facts and circumstances upon
23    which waiver was based no longer exist.
24        3. Notwithstanding paragraph 2, if the individual's
25    benefit year begins on or after March 8, 2020, but prior to
26    the week following the last week of a disaster period



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1    established by the gubernatorial disaster proclamation in
2    response to COVID-19, dated March 9, 2020, and any
3    subsequent gubernatorial disaster proclamation in response
4    to COVID-19, recovery by suit in the name of the People of
5    the State of Illinois or recoupment pursuant to paragraph
6    2 from benefits payable to an individual for any week
7    shall be permanently waived if the sum referred to in
8    subsection A was received by the individual without fault
9    on his or her part and if such recoupment or recovery would
10    be against equity and good conscience.
11    B. Whenever the claims adjudicator referred to in Section
12702 decides that any sum received by a claimant as benefits
13shall be recouped, or denies recoupment waiver requested by
14the claimant, he shall promptly notify the claimant of his
15decision and the reasons therefor. The decision and the notice
16thereof shall state the amount to be recouped, the weeks with
17respect to which such sum was received by the claimant, and the
18time within which it may be recouped and, as the case may be,
19the reasons for denial of recoupment waiver. The claims
20adjudicator may reconsider his decision within one year after
21the date when the decision was made. Such decision or
22reconsidered decision may be appealed to a Referee within the
23time limits prescribed by Section 800 for appeal from a
24determination. Any such appeal, and any appeal from the
25Referee's decision thereon, shall be governed by the
26applicable provisions of Sections 801, 803, 804 and 805. No



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1recoupment shall be begun until the expiration of the time
2limits prescribed by Section 800 of this Act or, if an appeal
3has been filed, until the decision of a Referee has been made
4thereon affirming the decision of the Claims Adjudicator.
5    C. Any sums recovered under the provisions of this Section
6shall be treated as repayments to the Department of sums
7improperly obtained by the claimant.
8    D. Whenever, by reason of a back pay award made by any
9governmental agency or pursuant to arbitration proceedings, or
10by reason of a payment of wages wrongfully withheld by an
11employing unit, an individual has received wages for weeks
12with respect to which he has received benefits, the amount of
13such benefits may be recouped or otherwise recovered as herein
14provided. An employing unit making a back pay award to an
15individual for weeks with respect to which the individual has
16received benefits shall make the back pay award by check
17payable jointly to the individual and to the Department.
18    E. The amount recouped pursuant to paragraph 2 of
19subsection A from benefits payable to an individual for any
20week shall not exceed 25% of the individual's weekly benefit
22    Except in the case of permanent waiver of recovery or
23recoupment as provided in paragraph 3 of subsection A, in In
24addition to the remedies provided by this Section, when an
25individual has received any sum as benefits for which he is
26found to be ineligible, the Director may request the



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1Comptroller to withhold such sum in accordance with Section
210.05 of the State Comptroller Act and the Director may
3request the Secretary of the Treasury to withhold such sum to
4the extent allowed by and in accordance with Section 6402(f)
5of the federal Internal Revenue Code of 1986, as amended.
6Benefits paid pursuant to this Act shall not be subject to such
7withholding. Where the Director requests withholding by the
8Secretary of the Treasury pursuant to this Section, in
9addition to the amount of benefits for which the individual
10has been found ineligible, the individual shall be liable for
11any legally authorized administrative fee assessed by the
12Secretary, with such fee to be added to the amount to be
13withheld by the Secretary.
14(Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".