093_HB0810sam001











                                     LRB093 05611 WGH 20237 a

 1                     AMENDMENT TO HOUSE BILL 810

 2        AMENDMENT NO.     .  Amend House Bill  810  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Illinois Unemployment Insurance Trust Fund Financing Act.

 6        Section 2.  Findings and Declaration  of  Policy.  It  is
 7    hereby found and declared that:
 8        A.  It  is an essential governmental function to maintain
 9    funds in an amount sufficient to  pay  unemployment  benefits
10    when due;
11        B.  At   the   time   of   the  enactment  of  this  Act,
12    unemployment  benefits  payments  are  made  from   Illinois'
13    account  in  the Unemployment Trust Fund of the United States
14    Treasury and are funded by employer contributions;
15        C.  At the time of the enactment of this  Act,  borrowing
16    from  the  Federal government is the only option available to
17    obtain sufficient funds to pay benefits when the  balance  in
18    Illinois'  account  in  the  Unemployment  Trust  Fund of the
19    United States Treasury  is  insufficient  to  make  necessary
20    payments;
21        D.  Alternative methods of replenishing Illinois' account
22    in  the Unemployment Trust Fund of the United States Treasury
 
                            -2-      LRB093 05611 WGH 20237 a
 1    may reduce the costs of providing unemployment  benefits  and
 2    employers' cost of doing business in the State;
 3        E.  It  is in the State's best interests to authorize the
 4    issuance  of  bonds  when  appropriate  for  the  purpose  of
 5    continuing the unemployment insurance program at  the  lowest
 6    possible cost to the State and employers in Illinois; and
 7        F.  It  is the public policy of this State to promote and
 8    encourage   the   full   participation   of    female-    and
 9    minority-owned  firms  with  regard  to bonds issued by State
10    departments, agencies, and authorities.  The Director  shall,
11    therefore,  ensure  that  the process for procuring contracts
12    with  regard  to  Bonds  includes  outreach  to  female-  and
13    minority-owned firms and gives  due  consideration  to  those
14    firms in the selection and approval of any contracts with any
15    parties necessary to issue Bonds.

16        Section 3.  Definitions. For purposes of this Act:
17        A.  "Act"  shall mean the Illinois Unemployment Insurance
18    Trust Fund Financing Act.
19        B.  "Benefits" shall have the  meaning  provided  in  the
20    Unemployment Insurance Act.
21        C.  "Bond"   means   any   type  of  revenue  obligation,
22    including, without limitation,  fixed  rate,  variable  rate,
23    auction  rate  or  similar  bond, note, certificate, or other
24    instrument, including, without limitation, an  interest  rate
25    exchange  agreement,  an  interest  rate  lock  agreement,  a
26    currency  exchange  agreement,  a  forward payment conversion
27    agreement, an agreement to provide payments based  on  levels
28    of  or  changes in interest rates or currency exchange rates,
29    an agreement to exchange cash flows or a series of  payments,
30    an  option, put, or call to hedge payment, currency, interest
31    rate, or other exposure, payable from and secured by a pledge
32    of  Fund  Building  Receipts  collected   pursuant   to   the
33    Unemployment  Insurance  Act,  and  all  interest  and  other
 
                            -3-      LRB093 05611 WGH 20237 a
 1    earnings  upon  such amounts held in the Master Bond Fund, to
 2    the  extent  provided  in  the  proceedings  authorizing  the
 3    obligation.
 4        D.  "Bond Administrative  Expenses"  means  expenses  and
 5    fees  incurred  to administer and issue, upon a conversion of
 6    any of the Bonds from one mode to another and from taxable to
 7    tax-exempt, the Bonds issued pursuant to this Act,  including
 8    fees   for   paying  agents,  trustees,  financial  advisors,
 9    underwriters, remarketing agents,  attorneys  and  for  other
10    professional  services  necessary  to  ensure compliance with
11    applicable state or federal law.
12        E.  "Bond Obligations" means the principal of a Bond  and
13    any  premium  and  interest on a Bond issued pursuant to this
14    Act, together with any amount owed  under  a  related  Credit
15    Agreement.
16        F.  "Credit  Agreement" means, without limitation, a loan
17    agreement,  a  revolving  credit  agreement,   an   agreement
18    establishing  a  line  of  credit, a letter of credit, notes,
19    municipal bond insurance, standby bond  purchase  agreements,
20    surety  bonds,  remarketing agreements and the like, by which
21    the Department may borrow funds to pay or redeem or  purchase
22    and   hold   its   bonds,  agreements  for  the  purchase  or
23    remarketing of bonds or any other agreement that enhances the
24    marketability, security, or creditworthiness of a Bond issued
25    under this Act.
26             1.   Such  Credit  Agreement   shall   provide   the
27        following:
28                  a.  The  choice of law for the obligations of a
29             financial provider may be  made  for  any  state  of
30             these  United  States, but the law which shall apply
31             to the Bonds shall  be  the  law  of  the  State  of
32             Illinois,  and  jurisdiction  to enforce such Credit
33             Agreement  as  against  the  Department   shall   be
34             exclusively  in  the courts of the State of Illinois
 
                            -4-      LRB093 05611 WGH 20237 a
 1             or  in   the   applicable   federal   court   having
 2             jurisdiction   and   located  within  the  State  of
 3             Illinois.
 4                  b.  Any such Credit Agreement  shall  be  fully
 5             enforceable  as  a valid and binding contract as and
 6             to the extent provided by applicable law.
 7             2.  Without  limiting  the  foregoing,  such  Credit
 8        Agreement, may include any of the following:
 9                  a.  Interest rates on the Bonds may  vary  from
10             time  to time depending upon criteria established by
11             the Director, which may include, without limitation:
12                       (i)  A variation in interest rates as  may
13                  be   necessary   to   cause  the  Bonds  to  be
14                  remarketed from time to time at a  price  equal
15                  to  their  principal  amount  plus  any accrued
16                  interest;
17                       (ii)  Rates set by auctions; or
18                       (iii)  Rates set by formula.
19                  b.  A national banking association, bank, trust
20             company,  investment  banker  or   other   financial
21             institution   may   be   appointed  to  serve  as  a
22             remarketing  agent  in  that  connection,  and  such
23             remarketing agent may be delegated authority by  the
24             Department to determine interest rates in accordance
25             with criteria established by the Department.
26                  c.  Alternative  interest  rates  or provisions
27             may apply during such times as the Bonds are held by
28             the  financial  providers  or  similar  persons   or
29             entities  providing  a  Credit  Agreement  for those
30             Bonds and, during such times, the  interest  on  the
31             Bonds  may be deemed not exempt from income taxation
32             under the Internal  Revenue  Code  for  purposes  of
33             State  law,  as  contained in the Bond Authorization
34             Act, relating to the permissible rate of interest to
 
                            -5-      LRB093 05611 WGH 20237 a
 1             be borne thereon.
 2                  d.  Fees may be paid to the financial providers
 3             or similar persons or entities  providing  a  Credit
 4             Agreement,  including  all reasonably related costs,
 5             including   therein   costs   of   enforcement   and
 6             litigation (all such fees and costs being  financial
 7             provider  payments)  and financial provider payments
 8             may be paid, without limitation,  from  proceeds  of
 9             the  Bonds  being the subject of such agreements, or
10             from Bonds issued to  refund  such  Bonds,  provided
11             that  such financial provider payments shall be made
12             subordinate to the payments on the Bonds.
13                  e.  The Bonds need not be held in physical form
14             by the financial providers  or  similar  persons  or
15             entities providing a Credit Agreement when providing
16             funds to purchase or carry the Bonds from others but
17             may  be  represented  in  uncertificated form in the
18             Credit Agreement.
19                  f.  The debt or obligation  of  the  Department
20             represented  by  a  Bond tendered for purchase to or
21             otherwise made available to the Department thereupon
22             acquired by either the  Department  or  a  financial
23             provider  shall not be deemed to be extinguished for
24             purposes  of  State  law  until  cancelled  by   the
25             Department or its agent.
26                  g.   Such  Credit  Agreement  may  provide  for
27             acceleration  of  the  principal  amounts due on the
28             Bonds.
29        G.  "Department"  means  the   Illinois   Department   of
30    Employment Security.
31        H.  "Director"   means   the  Director  of  the  Illinois
32    Department of Employment Security.
33        I.  "Fund  Building  Rates"  are  those   rates   imposed
34    pursuant to Section 1506.3 of the Unemployment Insurance Act.
 
                            -6-      LRB093 05611 WGH 20237 a
 1        J.  "Fund  Building  Receipts"  shall  have  the  meaning
 2    provided in the Unemployment Insurance Act.
 3        K.  "Master  Bond  Fund"  shall  mean, for any particular
 4    issuance of Bonds under this Act, the  fund  established  for
 5    the  deposit  of  Fund Building Receipts upon or prior to the
 6    issuance of Bonds under this Act, and during  the  time  that
 7    any  Bonds  are outstanding under this Act and from which the
 8    payment  of   Bond   Obligations   and   the   related   Bond
 9    Administrative  Expenses  incurred  in  connection  with such
10    Bonds shall be made.  That portion of the  Master  Bond  Fund
11    containing  the  Required Fund Building Receipts Amount shall
12    be  irrevocably  pledged  to  the  timely  payment  of   Bond
13    Obligations and Bond Administrative Expenses due on any Bonds
14    issued  pursuant to this Act and any Credit Agreement entered
15    in connection with the Bonds. The Master Bond Fund  shall  be
16    held separate and apart from all other State funds. Moneys in
17    the Master Bond Fund shall not be commingled with other State
18    funds,  but  they  shall  be deposited as required by law and
19    maintained in a separate account on the books  of  a  savings
20    and  loan  association,  bank  or  other  qualified financial
21    institution. All interest  earnings  on  amounts  within  the
22    Master  Bond  Fund  shall accrue to the Master Bond Fund. The
23    Master Bond Fund may include such funds and accounts  as  are
24    necessary  for  the  deposit  of bond proceeds, Fund Building
25    Receipts,  payment  of  principal,  interest,  administrative
26    expenses, costs of issuance, in the case of bonds  which  are
27    exempt from Federal taxation, rebate payments, and such other
28    funds   and   accounts   which   may  be  necessary  for  the
29    implementation and administration of this Act.  The  Director
30    shall  be  liable on her or his general official bond for the
31    faithful performance of her or his duties as custodian of the
32    Master Bond Fund. Such liability on her or his official  bond
33    shall  exist  in  addition to the liability upon any separate
34    bond given by her or  him.  All  sums  recovered  for  losses
 
                            -7-      LRB093 05611 WGH 20237 a
 1    sustained by the Master Bond Fund shall be deposited into the
 2    Fund.
 3        The  Director  shall  report  quarterly in writing to the
 4    Employment Security Advisory Board concerning the actual  and
 5    anticipated deposits into and expenditures and transfers made
 6    from the Master Bond Fund.
 7        L.  "Required  Fund  Building  Receipts Amount" means the
 8    aggregate amount of Fund Building  Receipts  required  to  be
 9    maintained in the Master Bond Fund as set forth in Section 4I
10    of this Act.

11        Section 4.  Authority to Issue Revenue Bonds.
12        A.  The  Department  shall  have  the continuing power to
13    borrow money for the purpose of carrying out the following:
14             1.  To reduce or avoid the need to borrow or  obtain
15        a  federal  advance  under  Section 1201, et seq., of the
16        Social Security Act (42 U.S.C. Section 1321), as amended,
17        or any similar federal law; or
18             2.  To refinance a previous advance received by  the
19        Department with respect to the payment of Benefits; or
20             3.  To  refinance, purchase, redeem, refund, advance
21        refund or defease  (including,  any  combination  of  the
22        foregoing)  any outstanding Bonds issued pursuant to this
23        Act; or
24             4.  To fund a surplus in Illinois'  account  in  the
25        Unemployment Trust Fund of the United States Treasury.
26        Paragraphs  1,  2  and  4  are  inoperative  on and after
27    January 1, 2010.
28        B.  As evidence of the obligation of  the  Department  to
29    repay money borrowed for the purposes set forth in Section 4A
30    above,  the  Department may issue and dispose of its interest
31    bearing revenue Bonds and may also, from time-to-time,  issue
32    and   dispose  of  its  interest  bearing  revenue  Bonds  to
33    purchase,  redeem,  refund,   advance   refund   or   defease
 
                            -8-      LRB093 05611 WGH 20237 a
 1    (including,  any  combination  of the foregoing) any Bonds at
 2    maturity or pursuant to redemption provisions or at any  time
 3    before  maturity.  The  Director,  in  consultation  with the
 4    Department's Employment Security Advisory Board,  shall  have
 5    the  power  to  direct that the Bonds be issued. Bonds may be
 6    issued in one or more series and under terms  and  conditions
 7    as  needed  in  furtherance  of the purposes of this Act. The
 8    Illinois  Finance  Authority  shall  provide  any  technical,
 9    legal, or administrative services if and  when  requested  by
10    the  Director and the Employment Security Advisory Board with
11    regard to the issuance of Bonds. Such Bonds shall  be  issued
12    in  the  name of the State of Illinois for the benefit of the
13    Department and shall be executed by the Director. In case any
14    Director whose signature appears on any  Bond  ceases  (after
15    attaching  his  or her signature) to hold that office, her or
16    his signature shall nevertheless be valid and  effective  for
17    all purposes.
18        C.  No  Bonds  shall  be  issued  without  the Director's
19    written certification that, based upon a reasonable financial
20    analysis, the issuance of Bonds is reasonably expected to:
21                  (i)  Result  in  a  savings  to  the  State  as
22             compared to the cost of borrowing  or  obtaining  an
23             advance under Section 1201, et seq., Social Security
24             Act  (42  U.S.C.  Section  1321), as amended, or any
25             similar federal law;
26                  (ii)  Result in terms which are advantageous to
27             the State through refunding,  advance  refunding  or
28             other similar restructuring of outstanding Bonds; or
29                  (iii)  Allow  the State to avoid an anticipated
30             deficiency   in   the   State's   account   in   the
31             Unemployment  Trust  Fund  of  the   United   States
32             Treasury by funding a surplus in the State's account
33             in  the Unemployment Trust Fund of the United States
34             Treasury.
 
                            -9-      LRB093 05611 WGH 20237 a
 1        D.  All such Bonds shall be payable  from  Fund  Building
 2    Receipts.  Bonds  may  also  be  paid  from (i) to the extent
 3    allowable by law, from monies in the State's account  in  the
 4    Unemployment  Trust  Fund  of the United States Treasury; and
 5    (ii) to the extent allowable by law, a federal advance  under
 6    Section  1201, et seq., of the Social Security Act (42 U.S.C.
 7    Section 1321); and (iii) proceeds of Bonds and receipts  from
 8    related  credit and exchange agreements to the extent allowed
 9    by this Act and applicable legal requirements.
10        E.  The maximum  principal  amount  of  the  Bonds,  when
11    combined  with  the  outstanding principal of all other Bonds
12    issued pursuant to this Act, shall not  at  any  time  exceed
13    $1,400,000,000, excluding all of the outstanding principal of
14    any other Bonds issued pursuant to this Act for which payment
15    has been irrevocably provided by refunding or other manner of
16    defeasance. It is the intent of this Act that the outstanding
17    Bond  authorization  limits  provided  for in this Section 4E
18    shall be revolving in nature, such that the amount  of  Bonds
19    outstanding that are not refunded or otherwise defeased shall
20    be  included  in  determining  the  maximum  amount  of Bonds
21    authorized to be issued pursuant to the Act.
22        F.  Such Bonds and refunding  Bonds  issued  pursuant  to
23    this Act may bear such date or dates, may mature at such time
24    or  times  not exceeding 10 years from their respective dates
25    of issuance, and may bear interest at such rate or rates  not
26    exceeding   the   maximum   rate   authorized   by  the  Bond
27    Authorization Act, as amended and in effect at  the  time  of
28    the issuance of the Bonds.
29        G.  The  Department  may  enter  into  a Credit Agreement
30    pertaining to the issuance of the Bonds, upon terms which are
31    not inconsistent with this Act and any other  laws,  provided
32    that  the  term of such Credit Agreement shall not exceed the
33    term of the Bonds, plus any time period necessary to cure any
34    defaults under such Credit Agreement.
 
                            -10-     LRB093 05611 WGH 20237 a
 1        H.  Interest earnings paid to holders of the Bonds  shall
 2    not be exempt from income taxes imposed by the State.
 3        I.  While   any   Bond  Obligations  are  outstanding  or
 4    anticipated to come due as a result of Bonds expected  to  be
 5    issued  in  either  or  both  of the 2 immediately succeeding
 6    calendar quarters, the Department shall collect  and  deposit
 7    Fund Building Receipts into the Master Bond Fund in an amount
 8    necessary  to  satisfy  the  Required  Fund Building Receipts
 9    Amount prior to expending  Fund  Building  Receipts  for  any
10    other  purpose.  The  Required  Fund Building Receipts Amount
11    shall be that amount necessary to ensure the marketability of
12    the Bonds, which shall be specified in the  Bond  Sale  Order
13    executed  by  the Director in connection with the issuance of
14    the Bonds.
15        J.  Holders of the Bonds shall have a first and  priority
16    claim  on  all Fund Building Receipts in the Master Bond Fund
17    in parity with all other holders of the Bonds, provided  that
18    such  claim may be subordinated to the provider of any Credit
19    Agreement for any of the Bonds.
20        K.  To the extent that  Fund  Building  Receipts  in  the
21    Master  Bond  Fund  are  not  otherwise needed to satisfy the
22    requirements of this Act and the instruments authorizing  the
23    issuance  of  the  Bonds,  such  monies  shall be used by the
24    Department, in such amounts as determined by the Director  to
25    do either or both of the following:
26             1.  To  purchase, refinance, redeem, refund, advance
27        refund or defease (or any combination of  the  foregoing)
28        outstanding  Bonds,  to the extent such action is legally
29        available and does not impair the tax  exempt  status  of
30        any  of the Bonds which are, in fact, exempt from Federal
31        income taxation; or
32             2.  As a deposit  in  the  State's  account  in  the
33        Unemployment Trust Fund of the United States Treasury.
34        L.  The Director shall determine the method of sale, type
 
                            -11-     LRB093 05611 WGH 20237 a
 1    of  bond, bond form, redemption provisions and other terms of
 2    the Bonds that, in the Director's judgment, best achieve  the
 3    purposes  of  this Act and effect the borrowing at the lowest
 4    practicable cost, provided that those determinations are  not
 5    inconsistent   with   this  Act  or  other  applicable  legal
 6    requirements. Those determinations shall be set  forth  in  a
 7    document  entitled  "Bond Sale Order" acceptable, in form and
 8    substance, to  the  attorney  or  attorneys  acting  as  bond
 9    counsel  for  the  Bonds  in connection with the rendering of
10    opinions necessary for the issuance of the Bonds and executed
11    by the Director.

12        Section 5.  Bond Proceeds.
13        A.  The proceeds of any Bonds  issued  pursuant  to  this
14    Act,  including  investment  income thereon, shall be held in
15    trust in the Master Bond Fund for the following  purpose  and
16    in such amounts as determined by the Director:
17             1.  Paying   the   principal  and  interest  on  any
18        outstanding federal advance received  by  the  Department
19        under  Section  1201, et seq., of the Social Security Act
20        (42 U.S.C. Section 1321),  as  amended,  or  any  similar
21        federal law;
22             2.  Being  deposited into the State's account in the
23        Unemployment Trust Fund of the United States Treasury for
24        the purpose of: (i) avoiding anticipated deficiencies  in
25        that  account  or (ii) funding a surplus in that account,
26        when doing either (i) or (ii) will result in a savings to
27        the State or employers or both;
28             3.  Paying the costs of issuing or  refinancing  any
29        such Bonds;
30             4.  Providing  an  appropriate  reserve for any such
31        Bonds to the extent that the Department  determines  that
32        an appropriate reserve is warranted; and
33             5.  Paying capitalized interest on the Bonds for the
 
                            -12-     LRB093 05611 WGH 20237 a
 1        period  determined  necessary  by  the Department, not to
 2        exceed 2 years.
 3        B.  Excess Bond proceeds remaining  available  after  the
 4    payments  and  deposits  required  pursuant  to  Section  5A1
 5    through  5A5  above  have  been  made,  may  be  used  in the
 6    following manner as determined by the Director:
 7             1.  To  purchase,  redeem  or  defease   outstanding
 8        Bonds, to the extent such action is legally available and
 9        does not impair the tax-exempt status of any of the Bonds
10        which are, in fact, tax-exempt; or
11             2.  To   pay   any  scheduled  interest  payment  or
12        payments due on any outstanding Bonds; or
13             3.  Deposited  in  the  State's   account   in   the
14        Unemployment Trust Fund of the United States Treasury.

15        Section 6.  Bonds Not A Pledge of the State.
16        A.  Any  Bonds  issued  under  this  Act, and any related
17    Credit Agreement, are not a pledge of the faith and credit or
18    moral  obligation  of  the  State  or  any  State  agency  or
19    political  subdivision  of  the  State.   All   Bonds,   Bond
20    Obligations  and payment obligations deriving from any Credit
21    Agreement are payable solely as provided in Section 4D.
22        B.  Any Bonds and any  related  Credit  Agreement  issued
23    under  this  Act  must contain a conspicuous statement to the
24    effect that:
25             1.  Neither  the  State,  nor  any   State   agency,
26        political  corporation,  or  political subdivision of the
27        State, is obligated to pay the principal of  or  interest
28        on the Bonds except as provided by this Act; and
29             2.  Neither the faith and credit of the State or any
30        State   agency,   political   corporation,  or  political
31        subdivision of the State, nor the moral obligation of any
32        of them, is pledged to the payment of the principal of or
33        interest on the Bonds.
 
                            -13-     LRB093 05611 WGH 20237 a
 1        Section 7.  State Not to Impair Bond  Obligations.  While
 2    Bonds  under  this Act are outstanding, the State irrevocably
 3    pledges and covenants that it shall not:
 4        A.  Take action to limit or restrict the  rights  of  the
 5    Department  to  fulfill  its  responsibilities  to  pay  Bond
 6    Obligations, Bond Administrative Expenses or otherwise comply
 7    with  instruments entered by the Department pertaining to the
 8    issuance of the Bonds;
 9        B.  In any way impair the  rights  and  remedies  of  the
10    holders of the Bonds until the Bonds are fully discharged; or
11        C.  Reduce:
12             1.  The  Fund  Building  Rates  below  the levels in
13        existence effective January 1, 2004;
14             2.  The maximum amount includable as wages  pursuant
15        to  Section  235  of the Unemployment Insurance Act below
16        the levels in existence effective January 1, 2004; and
17             3.  The Solvency  Adjustments  imposed  pursuant  to
18        Section  1400.1  of  the Unemployment Insurance Act below
19        the levels in existence effective January 1, 2004.

20        Section  8.  Continuing  appropriation.  This  Act  shall
21    constitute an irrevocable and continuing appropriation of all
22    amounts necessary in respect to use of Fund Building Reciepts
23    and  Bond  Proceeds  for  purposes  specified  in  this  Act,
24    including, without limitation, for the provision for  payment
25    of  principal and interest on the Bonds and other amounts due
26    in connection with the issuance of the Bonds pursuant to this
27    Act, to the fullest extent such appropriation is required.

28        Section  9.  Director's   Supplemental   Authority.   The
29    Director, on behalf of the Department, is authorized to enter
30    into  the covenants and agreements required by this Act, make
31    any   determinations,   calculations,    rules    or    other
32    promulgations  required  by  this  Act and engage or hire the
 
                            -14-     LRB093 05611 WGH 20237 a
 1    necessary   attorneys,   financial   advisors,   consultants,
 2    verification  agents,  trustees,  underwriters,   remarketing
 3    agents  and  other  professionals  necessary to carry out the
 4    purposes and intent of this Act, unless  otherwise  expressly
 5    specified or required under this Act.

 6        Section  10.  No Personal Liability. No director, officer
 7    or  employee  of  the  Department  or  the  State  shall   be
 8    personally  liable  as  a result of exercising the rights and
 9    responsibilities granted under this Act.

10        Section  11.  Omnibus  Bonds  Acts.   With   respect   to
11    instruments  for  the payment of money issued under this Act,
12    it is and always  has  been  the  intention  of  the  General
13    Assembly  (i)  that the Omnibus Bond Acts are and always have
14    been supplementary grants of power to  issue  instruments  in
15    accordance  with  the  Omnibus  Bond  Acts, regardless of any
16    provision of this Act that may appear to be or to  have  been
17    more  restrictive than those Omnibus Bond Acts, (ii) that the
18    provisions  of  this  Act  are  not  a  limitation   on   the
19    supplementary authority granted by the Omnibus Bond Acts, and
20    (iii)  that  instruments  issued  under  this  Act within the
21    supplementary authority granted by the Omnibus Bond Acts  are
22    not  invalid  because  of  any provision of this Act that may
23    appear to be or to have  been  more  restrictive  than  those
24    Omnibus Bond Acts.

25        Section 12.  Mandatory Provisions. The provisions of this
26    Act are mandatory and not directory.

27        Section  13.  Severability  and  inseverability.  If  any
28    provision  of  this  Act  or its application to any person or
29    circumstance  is  held  invalid,  the  invalidity   of   that
30    provision  or application does not affect other provisions or
 
                            -15-     LRB093 05611 WGH 20237 a
 1    applications of the Act that can be given effect without  the
 2    invalid  provision  or  application,  except that this Act is
 3    inseverable to the extent that if all or any substantial  and
 4    material part of Sections 1 through 12 are held invalid, then
 5    the entire Act (including both new and amendatory provisions)
 6    is invalid.

 7        Section  13.1.  The Civil Administrative Code of Illinois
 8    is amended by changing Section 5-540 as follows:

 9        (20 ILCS 5/5-540) (was 20 ILCS 5/6.28 and 5/7.01)
10        Sec. 5-540.  In the Department  of  Employment  Security.
11    An  Employment  Security  Advisory  Board,  composed  of 12 9
12    persons.  Of the 12 9  members  of  the  Employment  Security
13    Advisory  Board, 4 3 members shall be representative citizens
14    chosen  from  the  employee  class,  4  3  members  shall  be
15    representative citizens chosen from the employing class,  and
16    4  3  members shall be representative citizens not identified
17    with either the employing class or the employee class.
18    (Source: P.A. 90-372, eff. 7-1-98; 91-239, eff. 1-1-00.)

19        Section 13.2.  The Illinois Income Tax Act is amended  by
20    changing Section 701 as follows:

21        (35 ILCS 5/701) (from Ch. 120, par. 7-701)
22        Sec. 701.  Requirement and Amount of Withholding.
23        (a)  In General.  Every employer maintaining an office or
24    transacting business within this State and required under the
25    provisions of the Internal Revenue Code to withhold a tax on:
26             (1)  compensation  paid in this State (as determined
27        under Section 304(a)(2)(B) to an individual; or
28             (2)  payments  described  in  subsection  (b)  shall
29        deduct and  withhold  from  such  compensation  for  each
30        payroll  period  (as  defined  in  Section  3401  of  the
 
                            -16-     LRB093 05611 WGH 20237 a
 1        Internal  Revenue  Code) an amount equal to the amount by
 2        which  such   individual's   compensation   exceeds   the
 3        proportionate   part   of   this   withholding  exemption
 4        (computed as provided in Section 702) attributable to the
 5        payroll period for which  such  compensation  is  payable
 6        multiplied  by  a  percentage equal to the percentage tax
 7        rate  for  individuals  provided  in  subsection  (b)  of
 8        Section 201.
 9        (b)  Payment  to  Residents.   Any   payment   (including
10    compensation)  to a resident by a payor maintaining an office
11    or transacting business  within  this  State  (including  any
12    agency,  officer,  or  employee  of  this  State  or  of  any
13    political subdivision of this State) and on which withholding
14    of  tax  is  required  under  the  provisions of the Internal
15    Revenue Code shall be deemed to be compensation paid in  this
16    State  by  an  employer  to  an  employee for the purposes of
17    Article 7 and Section 601(b)(1) to the extent such payment is
18    included in the recipient's base income and not subjected  to
19    withholding  by  another  state.  Notwithstanding  any  other
20    provision  to  the contrary, no amount shall be withheld from
21    unemployment insurance benefit payments made to an individual
22    pursuant  to  the  Unemployment  Insurance  Act  unless   the
23    individual  has  voluntarily elected the withholding pursuant
24    to rules promulgated by the Director of Employment Security.
25        (c)  Special   Definitions.    Withholding    shall    be
26    considered  required  under  the  provisions  of the Internal
27    Revenue Code to the extent the Internal Revenue  Code  either
28    requires  withholding or allows for voluntary withholding the
29    payor and  recipient  have  entered  into  such  a  voluntary
30    withholding  agreement.  For  the  purposes  of Article 7 and
31    Section 1002(c) the term "employer" includes any payor who is
32    required to withhold tax pursuant to this Section.
33        (d)  Reciprocal Exemption.  The Director may  enter  into
34    an  agreement  with the taxing authorities of any state which
 
                            -17-     LRB093 05611 WGH 20237 a
 1    imposes a tax on  or  measured  by  income  to  provide  that
 2    compensation  paid  in  such state to residents of this State
 3    shall be exempt from withholding of such tax; in  such  case,
 4    any  compensation  paid  in  this  State to residents of such
 5    state  shall  be  exempt  from  withholding.  All  reciprocal
 6    agreements shall be subject to the  requirements  of  Section
 7    2505-575   of   the   Department  of  Revenue  Law  (20  ILCS
 8    2505/2505-575).
 9        (e)  Notwithstanding subsection (a)(2) of  this  Section,
10    no  withholding is required on payments for which withholding
11    is required under  Section  3405  or  3406  of  the  Internal
12    Revenue Code of 1954.
13    (Source: P.A. 91-239, eff. 1-1-00; 92-846, eff. 8-23-02.)

14        Section  13.3.  The Unemployment Insurance Act is amended
15    by changing Sections 235, 237, 401, 601, 1401, 1502.1,  1505,
16    1506.3,  1507,  and  2100  and adding Sections 240.1, 1400.1,
17    1511.1, and 2106.1 as follows:

18        (820 ILCS 405/235) (from Ch. 48, par. 345)
19        Sec. 235.  The term "wages" does not include:
20        A.  That  part   of   the   remuneration   which,   after
21    remuneration  equal  to $6,000 with respect to employment has
22    been paid to an individual by an employer during any calendar
23    year after 1977 and before 1980, is paid to  such  individual
24    by  such employer during such calendar year; and that part of
25    the remuneration which, after remuneration  equal  to  $6,500
26    with  respect to employment has been paid to an individual by
27    an employer during each calendar year 1980 and 1981, is  paid
28    to  such  individual  by  such  employer during that calendar
29    year;  and  that  part  of  the  remuneration  which,   after
30    remuneration  equal  to $7,000 with respect to employment has
31    been paid to an individual by an employer during the calendar
32    year 1982 is paid to such individual by such employer  during
 
                            -18-     LRB093 05611 WGH 20237 a
 1    that calendar year.
 2        With  respect  to the first calendar quarter of 1983, the
 3    term "wages" shall include only the remuneration paid  to  an
 4    individual by an employer during such quarter with respect to
 5    employment  which does not exceed $7,000. With respect to the
 6    three calendar quarters, beginning April 1,  1983,  the  term
 7    "wages"  shall  include  only  the  remuneration  paid  to an
 8    individual by an employer during such period with respect  to
 9    employment which when added to the "wages" (as defined in the
10    preceding  sentence) paid to such individual by such employer
11    during the first calendar quarter of 1983,  does  not  exceed
12    $8,000.
13        With  respect to the calendar year 1984, the term "wages"
14    shall include only the remuneration paid to an individual  by
15    an  employer  during  that  period with respect to employment
16    which does not exceed $8,000; with respect to calendar  years
17    1985,  1986 and 1987, the term "wages" shall include only the
18    remuneration paid to such individual by such employer  during
19    that  calendar year with respect to employment which does not
20    exceed $8,500.
21        With respect to the calendar years 1988 through 2003  and
22    calendar  year  2005  and  each calendar year thereafter, the
23    term "wages" shall include only the remuneration paid  to  an
24    individual  by an employer during that period with respect to
25    employment which does not exceed $9,000.
26        With respect to the calendar year 2004, the term  "wages"
27    shall  include only the remuneration paid to an individual by
28    an employer during that period  with  respect  to  employment
29    which  does  not  exceed  $9,800 $10,000. With respect to the
30    calendar years 2005 through  2009,  the  term  "wages"  shall
31    include  only  the  remuneration  paid to an individual by an
32    employer during that period with respect to employment  which
33    does  not  exceed the following amounts: $10,500 with respect
34    to the calendar  year  2005;  $11,000  with  respect  to  the
 
                            -19-     LRB093 05611 WGH 20237 a
 1    calendar year 2006; $11,500 with respect to the calendar year
 2    2007;  $12,000  with  respect  to the calendar year 2008; and
 3    $12,300 with respect to the calendar year 2009.
 4        With respect to the calendar year 2010 and each  calendar
 5    year  thereafter,  the  term  "wages"  shall include only the
 6    remuneration paid to an individual by an employer during that
 7    period with respect to employment which does not  exceed  the
 8    sum  of  the  wage  base  adjustment  applicable to that year
 9    pursuant  to  Section  1400.1,  plus   the   maximum   amount
10    includable  as  "wages"  pursuant  to  this  subsection  with
11    respect   to   the   immediately   preceding  calendar  year.
12    Notwithstanding any provision to the  contrary,  the  maximum
13    amount  includable  as "wages" pursuant to this Section shall
14    not be less than $12,300 or greater than $12,960 with respect
15    to any calendar year after calendar year 2009.
16        The remuneration paid to an  individual  by  an  employer
17    with  respect  to employment in another State or States, upon
18    which contributions were required of such employer  under  an
19    unemployment  compensation law of such other State or States,
20    shall be included as a part  of  the  remuneration  equal  to
21    $6,000,  $6,500,  $7,000, $8,000, $8,500, $9,000, or $10,000,
22    as the case may be, herein referred to. For the  purposes  of
23    this  subsection,  any  employing  unit which succeeds to the
24    organization, trade, or business, or to substantially all  of
25    the assets of another employing unit, or to the organization,
26    trade,  or business, or to substantially all of the assets of
27    a distinct severable portion of another employing unit, shall
28    be treated as a single unit  with  its  predecessor  for  the
29    calendar  year  in  which  such  succession  occurs,  and any
30    employing unit which is  owned  or  controlled  by  the  same
31    interests  which  own or control another employing unit shall
32    be treated as a  single  unit  with  the  unit  so  owned  or
33    controlled by such interests for any calendar year throughout
34    which  such  ownership  or  control  exists.  This subsection
 
                            -20-     LRB093 05611 WGH 20237 a
 1    applies only to Sections 1400, 1405A, and 1500.
 2        B.  The amount of any payment (including any amount  paid
 3    by an employer for insurance or annuities, or into a fund, to
 4    provide  for  any such payment), made to, or on behalf of, an
 5    individual or any of his dependents under a  plan  or  system
 6    established  by  an  employer which makes provision generally
 7    for individuals performing services  for  him  (or  for  such
 8    individuals generally and their dependents) or for a class or
 9    classes  of  such  individuals  (or for a class or classes of
10    such individuals and their dependents),  on  account  of  (1)
11    sickness  or  accident  disability  (except those sickness or
12    accident disability payments which  would  be  includable  as
13    "wages"  in  Section  3306(b)(2)(A)  of  the Federal Internal
14    Revenue Code of 1954, in effect  on  January  1,  1985,  such
15    includable  payments  to  be  attributable  in such manner as
16    provided by Section 3306(b) of the Federal  Internal  Revenue
17    Code  of  1954, in effect on January 1, 1985), or (2) medical
18    or hospitalization expenses in connection  with  sickness  or
19    accident disability, or (3) death.
20        C.  Any  payment made to, or on behalf of, an employee or
21    his beneficiary which  would  be  excluded  from  "wages"  by
22    subparagraph  (A), (B), (C), (D), (E), (F) or (G), of Section
23    3306(b)(5) of the Federal Internal Revenue Code of  1954,  in
24    effect on January 1, 1985.
25        D.  The  amount  of any payment on account of sickness or
26    accident disability, or medical or  hospitalization  expenses
27    in  connection  with sickness or accident disability, made by
28    an employer to, or on behalf  of,  an  individual  performing
29    services  for him after the expiration of six calendar months
30    following the last calendar month  in  which  the  individual
31    performed services for such employer.
32        E.  Remuneration paid in any medium other than cash by an
33    employing  unit  to an individual for service in agricultural
34    labor as defined in Section 214.
 
                            -21-     LRB093 05611 WGH 20237 a
 1        F.  The amount of any supplemental  payment  made  by  an
 2    employer  to an individual performing services for him, other
 3    than remuneration for services performed, under a shared work
 4    plan approved by the Director pursuant to Section 407.1.
 5    (Source: P.A. 90-554, eff. 12-12-97; 91-342, eff. 7-29-99.)

 6        (820 ILCS 405/237) (from Ch. 48, par. 347)
 7        Sec.  237.  A. "Base   period"   means   (1)   the   four
 8    consecutive calendar quarters ended on the preceding December
 9    31,  for  benefit  years beginning in May, June, or July; (2)
10    the four consecutive calendar quarters ended on the preceding
11    March 31, for benefit years beginning in  August,  September,
12    or  October; (3) the four consecutive calendar quarters ended
13    on the preceding June 30,  for  benefit  years  beginning  in
14    November,  December, or January; and (4) the four consecutive
15    calendar quarters ended on the preceding  September  30,  for
16    benefit  years  beginning  in February, March, or April. This
17    paragraph shall apply to benefit  years  beginning  prior  to
18    November 1, 1981.
19        For  each  benefit year beginning on or after November 1,
20    1981, "base period" means the first four  of  the  last  five
21    completed calendar quarters immediately preceding the benefit
22    year.  Further,  any  wages which had previously been used to
23    establish a valid claim pursuant  to  Section  242  and  with
24    respect  to  which  benefits  have  been  paid  shall  not be
25    included in the base period provided for in this subsection.
26        B.  Notwithstanding subsection A the foregoing paragraph,
27    with respect to  any  benefit  year  beginning  on  or  after
28    January   1,  1988,  an  individual,  who  has  been  awarded
29    temporary total disability under  any  workers'  compensation
30    act or any occupational diseases act and does not qualify for
31    the  maximum weekly benefit amount  under Section 401 because
32    he was unemployed  and  awarded  temporary  total  disability
33    during   the   base  period  determined  in  accordance  with
 
                            -22-     LRB093 05611 WGH 20237 a
 1    subsection A the preceding paragraph, shall have  his  weekly
 2    benefit  amount,  if  it  is  greater than the weekly benefit
 3    amount  determined  in  accordance  with  subsection  A   the
 4    preceding  paragraph,  determined  by  the  base  period of a
 5    benefit year which began on the date of the beginning of  the
 6    first   week   for  which  he  was  awarded  temporary  total
 7    disability   under   any   workers'   compensation   act   or
 8    occupational diseases act, provided, however, that such  base
 9    period  shall  not  begin  more  than  one  year prior to the
10    individual's base period as determined under subsection A the
11    preceding paragraph.  Further, any wages which had previously
12    been used to establish a valid claim pursuant to Section  242
13    and  with  respect to which benefits have been paid shall not
14    be  included  in  the  base  period  provided  for  in   this
15    subsection paragraph.
16        C.  With  respect  to  an individual who is ineligible to
17    receive benefits under this Act by reason of  the  provisions
18    of  Section  500E  during  the  base  periods  determined  in
19    accordance  with subsections A and B, "base period" means the
20    last 4 completed calendar quarters immediately preceding  the
21    benefit  year.  This  subsection shall not apply to establish
22    any benefit year beginning prior to January 1, 2008.
23        D.  Notwithstanding  the  foregoing  provisions  of  this
24    Section, "base period" means the base period  as  defined  in
25    the  unemployment  compensation  law of any State under which
26    benefits are payable to an  individual  on  the  basis  of  a
27    combination of his wages pursuant to an arrangement described
28    in Section 2700 F.
29    (Source: P.A. 85-956; 85-1009.)

30        (820 ILCS 405/240.1 new)
31        Sec.   240.1.  "Fund  Building  Receipts"  means  amounts
32    directed for deposit into the Master Bond  Fund  pursuant  to
33    Section 1506.3.
 
                            -23-     LRB093 05611 WGH 20237 a
 1        (820 ILCS 405/401) (from Ch. 48, par. 401)
 2        Sec.   401.    Weekly   Benefit   Amount   -  Dependents'
 3    Allowances.
 4        A.  With respect to any week beginning prior to April 24,
 5    1983, an individual's  weekly  benefit  amount  shall  be  an
 6    amount  equal to the weekly benefit amount as defined in this
 7    Act as in effect on November 30, 1982.
 8        B. 1.  With respect to any week  beginning  on  or  after
 9    April  24,  1983  and before January 3, 1988, an individual's
10    weekly benefit amount shall  be  48%  of  his  prior  average
11    weekly  wage,  rounded  (if  not  already  a  multiple of one
12    dollar) to the next higher dollar;  provided,  however,  that
13    the  weekly  benefit  amount cannot exceed the maximum weekly
14    benefit amount, and cannot be less than 15% of the  statewide
15    average  weekly  wage,  rounded (if not already a multiple of
16    one dollar) to the next higher dollar.  However,  the  weekly
17    benefit  amount  for  an  individual  who  has  established a
18    benefit year  beginning  before  April  24,  1983,  shall  be
19    determined,  for  weeks  beginning on or after April 24, 1983
20    claimed with respect to that benefit year, as provided  under
21    this  Act as in effect on November 30, 1982.  With respect to
22    any week beginning on or after January  3,  1988  and  before
23    January  1, 1993, an individual's weekly benefit amount shall
24    be 49% of his prior average  weekly  wage,  rounded  (if  not
25    already  a multiple of one dollar) to the next higher dollar;
26    provided, however, that  the  weekly  benefit  amount  cannot
27    exceed  the maximum weekly benefit amount, and cannot be less
28    than $51. With respect to any  week  beginning  on  or  after
29    January  3,  1993  and during a benefit year beginning before
30    January 4, 2004, an individual's weekly benefit amount  shall
31    be  49.5%  of  his prior average weekly wage, rounded (if not
32    already a multiple of one dollar) to the next higher  dollar;
33    provided,  however,  that  the  weekly  benefit amount cannot
34    exceed the maximum weekly benefit amount and cannot  be  less
 
                            -24-     LRB093 05611 WGH 20237 a
 1    than  $51.  With  respect to any benefit year beginning on or
 2    after  January  4,  2004  and  before  January  6,  2008,  an
 3    individual's weekly benefit amount shall be 48% of his or her
 4    prior average weekly wage, rounded (if not already a multiple
 5    of one dollar) to the next higher dollar; provided,  however,
 6    that  the  weekly  benefit  amount  cannot exceed the maximum
 7    weekly benefit amount and  cannot  be  less  than  $51.  With
 8    respect  to any benefit year beginning on or after January 6,
 9    2008, an individual's weekly benefit amount shall be  47%  of
10    his or her prior average weekly wage, rounded (if not already
11    a  multiple  of  one  dollar)  to  the  next  higher  dollar;
12    provided,  however,  that  the  weekly  benefit amount cannot
13    exceed the maximum weekly benefit amount and cannot  be  less
14    than $51.
15        2.  For the purposes of this subsection:
16        With  respect to any week beginning on or after April 24,
17    1983, an individual's "prior average weekly wage"  means  the
18    total  wages  for insured work paid to that individual during
19    the 2 calendar quarters of his  base  period  in  which  such
20    total  wages were highest, divided by 26.  If the quotient is
21    not already a multiple of one dollar, it shall be rounded  to
22    the nearest dollar; however if the quotient is equally near 2
23    multiples  of  one  dollar, it shall be rounded to the higher
24    multiple of one dollar.
25        "Determination date" means June 1, 1982, December 1, 1982
26    and December 1 of each succeeding calendar  year  thereafter.
27    However,  if  as of June 30, 1982, or any June 30 thereafter,
28    the net amount standing to the credit of this State's account
29    in the unemployment trust fund (less all outstanding advances
30    to that account, including advances pursuant to Title XII  of
31    the   federal   Social   Security   Act)   is   greater  than
32    $100,000,000, "determination date" shall mean December  1  of
33    that  year and June 1 of the succeeding year. Notwithstanding
34    the preceding sentence, for the purposes of  this  Act  only,
 
                            -25-     LRB093 05611 WGH 20237 a
 1    there shall be no June 1 determination date in any year after
 2    1986.
 3        "Determination period" means, with respect to each June 1
 4    determination date, the 12 consecutive calendar months ending
 5    on the immediately preceding December 31 and, with respect to
 6    each  December  1  determination  date,  the  12  consecutive
 7    calendar months ending on the immediately preceding June 30.
 8        "Benefit  period" means the 12 consecutive calendar month
 9    period beginning on the first day of the first calendar month
10    immediately following a determination date, except that, with
11    respect to any calendar year in  which  there  is  a  June  1
12    determination   date,  "benefit  period"  shall  mean  the  6
13    consecutive calendar month period beginning on the first  day
14    of   the  first  calendar  month  immediately  following  the
15    preceding December 1 determination date and the 6 consecutive
16    calendar month period beginning on the first day of the first
17    calendar month immediately following the June 1 determination
18    date. Notwithstanding the foregoing sentence, the 6  calendar
19    months  beginning  January  1,  1982 and ending June 30, 1982
20    shall be deemed a benefit period with respect  to  which  the
21    determination date shall be June 1, 1981.
22        "Gross  wages"  means  all  the wages paid to individuals
23    during  the  determination  period  immediately  preceding  a
24    determination date for insured  work,  and  reported  to  the
25    Director  by  employers  prior  to the first day of the third
26    calendar month preceding that date.
27        "Covered employment" for any  calendar  month  means  the
28    total  number  of individuals, as determined by the Director,
29    engaged in insured work at mid-month.
30        "Average monthly covered employment" means one-twelfth of
31    the sum of the covered employment for  the  12  months  of  a
32    determination period.
33        "Statewide  average  annual  wage"  means  the  quotient,
34    obtained  by  dividing gross wages by average monthly covered
 
                            -26-     LRB093 05611 WGH 20237 a
 1    employment for the same determination period, rounded (if not
 2    already a multiple of one cent) to the nearest cent.
 3        "Statewide  average  weekly  wage"  means  the  quotient,
 4    obtained by dividing the statewide average annual wage by 52,
 5    rounded (if not already  a  multiple  of  one  cent)  to  the
 6    nearest cent.  Notwithstanding any provisions of this Section
 7    to  the  contrary,  the statewide average weekly wage for the
 8    benefit period beginning July 1, 1982 and ending December 31,
 9    1982 shall be the statewide average weekly wage in effect for
10    the immediately preceding benefit period plus one-half of the
11    result obtained by subtracting the statewide  average  weekly
12    wage  for  the  immediately preceding benefit period from the
13    statewide  average  weekly  wage  for  the   benefit   period
14    beginning  July  1, 1982 and ending December 31, 1982 as such
15    statewide average weekly wage would have been determined  but
16    for  the  provisions  of  this paragraph. Notwithstanding any
17    provisions of this Section to  the  contrary,  the  statewide
18    average  weekly  wage  for the benefit period beginning April
19    24, 1983 and ending January 31, 1984 shall be  $321  and  for
20    the  benefit  period  beginning  February  1, 1984 and ending
21    December 31, 1986 shall be $335, and for the  benefit  period
22    beginning  January  1,  1987,  and  ending December 31, 1987,
23    shall  be  $350,  except  that  for  an  individual  who  has
24    established a benefit year beginning before April  24,  1983,
25    the   statewide  average  weekly  wage  used  in  determining
26    benefits, for any week beginning on or after April 24,  1983,
27    claimed  with respect to that benefit year, shall be $334.80,
28    except that, for  the  purpose  of  determining  the  minimum
29    weekly  benefit  amount under subsection B(1) for the benefit
30    period beginning January 1, 1987,  and  ending  December  31,
31    1987,  the  statewide  average weekly wage shall be $335; for
32    the benefit periods January  1,  1988  through  December  31,
33    1988,  January 1, 1989 through December 31, 1989, and January
34    1, 1990 through December  31,  1990,  the  statewide  average
 
                            -27-     LRB093 05611 WGH 20237 a
 1    weekly  wage  shall  be  $359,  $381, and $406, respectively.
 2    Notwithstanding the preceding sentences  of  this  paragraph,
 3    for  the  benefit period of calendar year 1991, the statewide
 4    average weekly wage shall be $406 plus (or minus)  an  amount
 5    equal  to  the  percentage  change  in  the statewide average
 6    weekly wage, as computed in  accordance  with  the  preceding
 7    sentences  of  this paragraph, between the benefit periods of
 8    calendar years 1989 and 1990, multiplied by  $406;  and,  for
 9    the  benefit  periods of calendar years 1992 through 2003 and
10    calendar year 2005 and each  calendar  year  thereafter,  the
11    statewide average weekly wage, shall be the statewide average
12    weekly  wage, as determined in accordance with this sentence,
13    for the immediately preceding benefit period plus (or  minus)
14    an  amount  equal  to  the percentage change in the statewide
15    average weekly wage,  as  computed  in  accordance  with  the
16    preceding   sentences   of  this  paragraph,  between  the  2
17    immediately preceding  benefit  periods,  multiplied  by  the
18    statewide  average  weekly  wage, as determined in accordance
19    with this sentence, for  the  immediately  preceding  benefit
20    period. For the benefit period of 2004, the statewide average
21    weekly  wage  shall  be $600.  Provided however, that for any
22    benefit period after December 31, 1990, if 2 of the following
23    3 factors occur, then the statewide average weekly wage shall
24    be the statewide  average  weekly  wage  in  effect  for  the
25    immediately   preceding   benefit  period:  (a)  the  average
26    contribution rate for all employers in  this  State  for  the
27    calendar year 2 years prior to the benefit period, as a ratio
28    of total contribution payments (including payments in lieu of
29    contributions)  to  total wages reported by employers in this
30    State for that same period is 0.2% greater than the  national
31    average  of  this  ratio,  the  foregoing to be determined in
32    accordance with rules promulgated by the  Director;  (b)  the
33    balance  in  this  State's  account in the unemployment trust
34    fund, as of March 31 of the prior calendar year, is less than
 
                            -28-     LRB093 05611 WGH 20237 a
 1    $250,000,000; or (c) the number of first payments of  initial
 2    claims, as determined in accordance with rules promulgated by
 3    the  Director,  for  the one year period ending on June 30 of
 4    the prior year, has increased more than 25% over the  average
 5    number  of such payments during the 5 year period ending that
 6    same June 30; and provided further that if (a), (b)  and  (c)
 7    occur,  then the statewide average weekly wage, as determined
 8    in accordance with the preceding sentence, shall be 10%  less
 9    than  it  would  have  been but for these provisions.  If the
10    reduced amount, computed in  accordance  with  the  preceding
11    sentence,  is  not already a multiple of one dollar, it shall
12    be rounded to the nearest dollar.  The 10% reduction  in  the
13    statewide average weekly wage in the preceding sentence shall
14    not  be  in  effect  for more than 2 benefit periods of any 5
15    consecutive benefit periods.  This 10% reduction shall not be
16    cumulative from year to year.  Neither  the  freeze  nor  the
17    reduction   shall  be  considered  in  the  determination  of
18    subsequent years' calculations of  statewide  average  weekly
19    wage. However, for purposes of the Workers' Compensation Act,
20    the statewide average weekly wage will be computed using June
21    1  and  December  1 determination dates of each calendar year
22    and such determination shall not be subject to the limitation
23    of $321, $335,  $350,  $359,  $381,  $406  or  the  statewide
24    average  weekly  wage  as  computed  in  accordance  with the
25    preceding sentence 7 sentences of this paragraph.
26        With respect to any week beginning on or after April  24,
27    1983  and  before  January  3,  1988, "maximum weekly benefit
28    amount" means 48%  of  the  statewide  average  weekly  wage,
29    rounded  (if  not  already  a  multiple of one dollar) to the
30    nearest dollar, provided however,  that  the  maximum  weekly
31    benefit  amount  for  an  individual  who  has  established a
32    benefit year  beginning  before  April  24,  1983,  shall  be
33    determined,  for  weeks  beginning on or after April 24, 1983
34    claimed with respect to that benefit year, as provided  under
 
                            -29-     LRB093 05611 WGH 20237 a
 1    this  Act  as  amended  and  in  effect on November 30, 1982,
 2    except that the statewide average weekly wage  used  in  such
 3    determination shall be $334.80.
 4        With  respect to any week beginning after January 2, 1988
 5    and before January 1, 1993, "maximum weekly  benefit  amount"
 6    with  respect  to each week beginning within a benefit period
 7    means 49% of the statewide average weekly wage,  rounded  (if
 8    not  already  a  multiple  of  one dollar) to the next higher
 9    dollar.
10        With respect to any week beginning on or after January 3,
11    1993 and during a benefit year beginning  before  January  4,
12    2004,  "maximum  weekly  benefit amount" with respect to each
13    week beginning within a benefit period  means  49.5%  of  the
14    statewide  average  weekly  wage,  rounded  (if not already a
15    multiple of one dollar) to the next higher dollar.
16        With respect to any benefit year beginning  on  or  after
17    January  4,  2004 and before January 6, 2008, "maximum weekly
18    benefit amount" with respect to each week beginning within  a
19    benefit  period  means  48%  of  the statewide average weekly
20    wage, rounded (if not already a multiple of  one  dollar)  to
21    the next higher dollar.
22        With  respect  to  any benefit year beginning on or after
23    January 6, 2008, "maximum weekly benefit amount" with respect
24    to each week beginning within a benefit period means  47%  of
25    the  statewide average weekly wage, rounded (if not already a
26    multiple of one dollar) to the next higher dollar.
27        C.  With respect to any week beginning on or after  April
28    24,  1983  and  before January 3, 1988, an individual to whom
29    benefits are payable with  respect  to  any  week  shall,  in
30    addition  to  such  benefits,  be  paid, with respect to such
31    week, as follows:  in  the  case  of  an  individual  with  a
32    nonworking  spouse,  7%  of  his  prior  average weekly wage,
33    rounded (if not already a multiple  of  one  dollar)  to  the
34    higher dollar; provided, that the total amount payable to the
 
                            -30-     LRB093 05611 WGH 20237 a
 1    individual with respect to a week shall not exceed 55% of the
 2    statewide  average  weekly  wage,  rounded  (if not already a
 3    multiple of one dollar) to the nearest  dollar;  and  in  the
 4    case  of  an  individual  with a dependent child or dependent
 5    children, 14.4% of his prior average weekly wage, rounded (if
 6    not already a multiple of one dollar) to the  higher  dollar;
 7    provided,  that  the  total  amount payable to the individual
 8    with respect  to  a  week  shall  not  exceed  62.4%  of  the
 9    statewide  average  weekly  wage,  rounded  (if not already a
10    multiple of one  dollar)  to  the  next  higher  dollar  with
11    respect  to  the benefit period beginning January 1, 1987 and
12    ending December  31,  1987,  and  otherwise  to  the  nearest
13    dollar.   However, for an individual with a nonworking spouse
14    or with a dependent child or children who has  established  a
15    benefit  year  beginning before April 24, 1983, the amount of
16    additional benefits payable  on  account  of  the  nonworking
17    spouse  or  dependent  child or children shall be determined,
18    for weeks beginning on or after April 24, 1983  claimed  with
19    respect  to  that benefit year, as provided under this Act as
20    in effect on November 30, 1982,  except  that  the  statewide
21    average  weekly  wage  used  in  such  determination shall be
22    $334.80.
23        With respect to any week beginning on or after January 2,
24    1988 and before January 1, 1991 and any week beginning on  or
25    after  January  1,  1992,  and  before  January  1,  1993, an
26    individual to whom benefits are payable with respect  to  any
27    week  shall,  in  addition  to  those benefits, be paid, with
28    respect  to  such  week,  as  follows:  in  the  case  of  an
29    individual with a nonworking spouse, 8% of his prior  average
30    weekly  wage,  rounded  (if  not  already  a  multiple of one
31    dollar) to the next higher dollar, provided, that  the  total
32    amount  payable  to  the  individual  with respect to a  week
33    shall not exceed 57% of the statewide  average  weekly  wage,
34    rounded (if not already a multiple of one dollar) to the next
 
                            -31-     LRB093 05611 WGH 20237 a
 1    higher  dollar;  and  in  the  case  of  an individual with a
 2    dependent child or  dependent  children,  15%  of  his  prior
 3    average  weekly  wage,  rounded (if not already a multiple of
 4    one dollar) to the next  higher  dollar,  provided  that  the
 5    total amount payable to the individual with respect to a week
 6    shall  not  exceed  64% of the statewide average weekly wage,
 7    rounded (if not already a multiple of one dollar) to the next
 8    higher dollar.
 9        With respect to any week beginning on or after January 1,
10    1991 and before  January  1,  1992,  an  individual  to  whom
11    benefits  are  payable  with  respect  to  any week shall, in
12    addition to the benefits, be paid, with respect to such week,
13    as follows: in the case of an individual  with  a  nonworking
14    spouse,  8.3%  of  his prior average weekly wage, rounded (if
15    not already a multiple of one  dollar)  to  the  next  higher
16    dollar,  provided,  that  the  total  amount  payable  to the
17    individual with respect to a week shall not exceed  57.3%  of
18    the  statewide average weekly wage, rounded (if not already a
19    multiple of one dollar) to the next higher dollar; and in the
20    case of an individual with a  dependent  child  or  dependent
21    children, 15.3% of his prior average weekly wage, rounded (if
22    not  already  a  multiple  of  one dollar) to the next higher
23    dollar,  provided  that  the  total  amount  payable  to  the
24    individual with respect to a week shall not exceed  64.3%  of
25    the  statewide average weekly wage, rounded (if not already a
26    multiple of one dollar) to the next higher dollar.
27        With respect to any week beginning on or after January 3,
28    1993, during a benefit year beginning before January 4, 2004,
29    an individual to whom benefits are payable  with  respect  to
30    any  week shall, in addition to those benefits, be paid, with
31    respect  to  such  week,  as  follows:  in  the  case  of  an
32    individual with a nonworking spouse, 9% of his prior  average
33    weekly  wage,  rounded  (if  not  already  a  multiple of one
34    dollar) to the next higher dollar, provided, that  the  total
 
                            -32-     LRB093 05611 WGH 20237 a
 1    amount  payable  to  the  individual  with respect to a  week
 2    shall not exceed 58.5% of the statewide average weekly  wage,
 3    rounded (if not already a multiple of one dollar) to the next
 4    higher  dollar;  and  in  the  case  of  an individual with a
 5    dependent child or  dependent  children,  16%  of  his  prior
 6    average  weekly  wage,  rounded (if not already a multiple of
 7    one dollar) to the next  higher  dollar,  provided  that  the
 8    total amount payable to the individual with respect to a week
 9    shall  not exceed 65.5% of the statewide average weekly wage,
10    rounded (if not already a multiple of one dollar) to the next
11    higher dollar.
12        With respect to any benefit year beginning  on  or  after
13    January  4, 2004 and before January 6, 2008, an individual to
14    whom benefits are payable with respect to any week shall,  in
15    addition  to  those  benefits,  be paid, with respect to such
16    week, as follows:  in  the  case  of  an  individual  with  a
17    nonworking  spouse,  9%  of  his  or her prior average weekly
18    wage, rounded (if not already a multiple of  one  dollar)  to
19    the  next  higher  dollar,  provided,  that  the total amount
20    payable to the individual with respect to a  week  shall  not
21    exceed  57% of the statewide average weekly wage, rounded (if
22    not already a multiple of one  dollar)  to  the  next  higher
23    dollar;  and  in  the  case of an individual with a dependent
24    child or dependent  children,  17.2%  of  his  or  her  prior
25    average  weekly  wage,  rounded (if not already a multiple of
26    one dollar) to the next  higher  dollar,  provided  that  the
27    total amount payable to the individual with respect to a week
28    shall  not exceed 65.2% of the statewide average weekly wage,
29    rounded (if not already a multiple of one dollar) to the next
30    higher dollar.
31        With respect to any benefit year beginning  on  or  after
32    January  6,  2008, an individual to whom benefits are payable
33    with  respect  to  any  week  shall,  in  addition  to  those
34    benefits, be paid, with respect to such week, as follows:  in
 
                            -33-     LRB093 05611 WGH 20237 a
 1    the case of an individual with a nonworking spouse, 9% of his
 2    or  her  prior average weekly wage, rounded (if not already a
 3    multiple of one dollar) to the next higher dollar,  provided,
 4    that  the total amount payable to the individual with respect
 5    to a week shall not  exceed  56%  of  the  statewide  average
 6    weekly  wage,  rounded  (if  not  already  a  multiple of one
 7    dollar) to the next higher dollar; and with  respect  to  any
 8    benefit year beginning before January 1, 2010, in the case of
 9    an  individual  with a dependent child or dependent children,
10    18.2% of his or her prior average weekly  wage,  rounded  (if
11    not  already  a  multiple  of  one dollar) to the next higher
12    dollar,  provided  that  the  total  amount  payable  to  the
13    individual with respect to a week shall not exceed  65.2%  of
14    the  statewide average weekly wage, rounded (if not already a
15    multiple of one  dollar)  to  the  next  higher  dollar.  The
16    additional  amount  paid  pursuant  to this subsection in the
17    case of an individual with a  dependent  child  or  dependent
18    children  shall  be  referred  to  as  the  "dependent  child
19    allowance".  With respect to each benefit year beginning in a
20    calendar year after calendar year 2009, the  percentage  rate
21    used  to calculate the dependent child allowance shall be the
22    sum  of  the  allowance  adjustment  applicable  pursuant  to
23    Section 1400.1 to the calendar year in which the benefit year
24    begins, plus  the  percentage  rate  used  to  calculate  the
25    dependent  child  allowance with respect to each benefit year
26    beginning  in  the  immediately  preceding   calendar   year,
27    provided that the total amount payable to the individual with
28    respect  to  a  week beginning in such benefit year shall not
29    exceed the product of  the  statewide  average  weekly  wage,
30    rounded (if not already a multiple of one dollar) to the next
31    higher  dollar  and  the  sum of 47% plus the percentage rate
32    used to calculate the individual's dependent child allowance.
33    Notwithstanding any provision to the contrary, the percentage
34    rate used to calculate the  dependent  child  allowance  with
 
                            -34-     LRB093 05611 WGH 20237 a
 1    respect  to any benefit year beginning on or after January 1,
 2    2010, shall not be less than 17.3% or greater than 18.2%.
 3        For the purposes of this subsection:
 4        "Dependent" means a child or a nonworking spouse.
 5        "Child" means a  natural  child,  stepchild,  or  adopted
 6    child  of an individual claiming benefits under this Act or a
 7    child who is in the custody of any such individual  by  court
 8    order, for whom the individual is supplying and, for at least
 9    90  consecutive  days  (or  for  the duration of the parental
10    relationship if  it  has  existed  for  less  than  90  days)
11    immediately  preceding  any  week  with  respect to which the
12    individual has filed a claim, has supplied more than one-half
13    the cost of support, or has supplied at least 1/4 of the cost
14    of support if the individual and the other parent,  together,
15    are supplying and, during the aforesaid period, have supplied
16    more  than  one-half  the  cost of support, and are, and were
17    during the aforesaid period, members of the  same  household;
18    and  who, on the first day of such week (a) is under 18 years
19    of age, or (b)  is,  and  has  been  during  the  immediately
20    preceding 90 days, unable to work because of illness or other
21    disability:  provided, that no person who has been determined
22    to be a child of an individual who has been allowed  benefits
23    with respect to a week in the individual's benefit year shall
24    be  deemed  to  be  a child of the other parent, and no other
25    person shall be determined  to  be  a  child  of  such  other
26    parent, during the remainder of that benefit year.
27        "Nonworking  spouse"  means the lawful husband or wife of
28    an individual claiming benefits under this Act, for whom more
29    than one-half the cost of support has been  supplied  by  the
30    individual  for  at  least  90  consecutive  days (or for the
31    duration of the marital relationship if it  has  existed  for
32    less  than  90  days)  immediately  preceding  any  week with
33    respect to which the individual has filed a claim,  but  only
34    if  the  nonworking spouse is currently ineligible to receive
 
                            -35-     LRB093 05611 WGH 20237 a
 1    benefits under this  Act  by  reason  of  the  provisions  of
 2    Section 500E.
 3        An individual who was obligated by law to provide for the
 4    support  of  a  child  or  of  a  nonworking  spouse  for the
 5    aforesaid period of 90 consecutive days, but was prevented by
 6    illness or injury from doing so,  shall  be  deemed  to  have
 7    provided  more than one-half the cost of supporting the child
 8    or nonworking spouse for that period.
 9    (Source: P.A. 90-554, eff. 12-12-97; 91-342, eff. 7-29-99.)

10        (820 ILCS 405/601) (from Ch. 48, par. 431)
11        Sec. 601. Voluntary leaving.  A. An individual  shall  be
12    ineligible  for  benefits  for  the week in which he has left
13    work voluntarily  without  good  cause  attributable  to  the
14    employing   unit   and,   thereafter,  until  he  has  become
15    reemployed and has had earnings equal to or in excess of  his
16    current  weekly benefit amount in each of four calendar weeks
17    which are either for services in employment, or have been  or
18    will  be  reported  pursuant to the provisions of the Federal
19    Insurance Contributions Act by each employing unit for  which
20    such  services  are  performed  and which submits a statement
21    certifying to that fact.
22        B.  The provisions of this Section shall not apply to  an
23    individual who has left work voluntarily:
24        1.  Because he is deemed physically unable to perform his
25    work by a licensed and practicing physician, or has left work
26    voluntarily  upon  the  advice  of  a licensed and practicing
27    physician that assistance is necessary  for  the  purpose  of
28    caring  for  his  spouse,  child,  or  parent  who is in poor
29    physical health and such assistance will  not  allow  him  to
30    perform the usual and customary duties of his employment, and
31    he  has  notified  the  employing unit of the reasons for his
32    absence;
33        2.  To accept  other  bona  fide  work  and,  after  such
 
                            -36-     LRB093 05611 WGH 20237 a
 1    acceptance,  the  individual is either not unemployed in each
 2    of 2 weeks, or earns remuneration for such work equal  to  at
 3    least twice his current weekly benefit amount;
 4        3.  In lieu of accepting a transfer to other work offered
 5    to  the individual by the employing unit under the terms of a
 6    collective bargaining agreement or pursuant to an established
 7    employer plan, program, or policy, if the acceptance of  such
 8    other  work  by  the  individual would require the separation
 9    from that work of another individual currently performing it;
10        4.  Solely  because  of  the  sexual  harassment  of  the
11    individual by another employee.  Sexual harassment means  (1)
12    unwelcome   sexual  advances,  requests  for  sexual  favors,
13    sexually motivated  physical  contact  or  other  conduct  or
14    communication  which  is  made  a  term  or  condition of the
15    employment or (2) the employee's submission to  or  rejection
16    of  such  conduct  or  communication  which  is the basis for
17    decisions affecting employment, or (3) when such  conduct  or
18    communication  has  the  purpose  or  effect of substantially
19    interfering with an individual's work performance or creating
20    an intimidating, hostile, or  offensive  working  environment
21    and the employer knows or should know of the existence of the
22    harassment and fails to take timely and appropriate action;
23        5.  Which  he  had  accepted  after separation from other
24    work, and the work which he left voluntarily would be  deemed
25    unsuitable under the provisions of Section 603;.
26        6.  (a) Because   the   individual   left   work  due  to
27    circumstances resulting from the individual being a victim of
28    domestic violence as defined in Section 103 of  the  Illinois
29    Domestic  Violence Act of 1986; and provided, such individual
30    has made reasonable efforts to preserve the employment.
31        For the purposes of  this  paragraph  6,  the  individual
32    shall  be  treated  as being a victim of domestic violence if
33    the individual provides the following:
34             (i)  written notice to the  employing  unit  of  the
 
                            -37-     LRB093 05611 WGH 20237 a
 1        reason for the individual's voluntarily leaving; and
 2             (ii)  to the Department provides:
 3                  (A)  an    order   of   protection   or   other
 4             documentation of equitable relief issued by a  court
 5             of competent jurisdiction; or
 6                  (B)  a   police   report  or  criminal  charges
 7             documenting the domestic violence; or
 8                  (C)  medical  documentation  of  the   domestic
 9             violence; or
10                  (D)  evidence   of  domestic  violence  from  a
11             counselor, social worker, health worker or  domestic
12             violence shelter worker.
13        (b)  If  the  individual  does not meet the provisions of
14    subparagraph (a),  the  individual  shall  be  held  to  have
15    voluntarily   terminated   employment   for  the  purpose  of
16    determining  the  individual's   eligibility   for   benefits
17    pursuant to subsection A.
18        (c)  Notwithstanding any other provision to the contrary,
19    evidence  of  domestic violence experienced by an individual,
20    including  the  individual's  statement   and   corroborating
21    evidence,  shall  not  be  disclosed by the Department unless
22    consent for disclosure is given by the individual.
23    (Source: P.A. 83-197.)

24        (820 ILCS 405/1400.1 new)
25        Sec.  1400.1.  Solvency  Adjustments.  As  used  in  this
26    Section, "prior year's trust  fund  balance"  means  the  net
27    amount  standing to the credit of this State's account in the
28    unemployment trust fund (less  all  outstanding  advances  to
29    that  account, including but not limited to advances pursuant
30    to Title XII of the federal Social Security Act) as  of  June
31    30 of the immediately preceding calendar year.
32        The  wage base adjustment, rate adjustment, and allowance
33    adjustment applicable to any  calendar  year  after  calendar
 
                            -38-     LRB093 05611 WGH 20237 a
 1    year 2009 shall be as follows:
 2        If  the  prior  year's  trust  fund  balance is less than
 3    $300,000,000, the wage base adjustment  shall  be  $220,  the
 4    rate  adjustment shall be 0.05%, and the allowance adjustment
 5    shall be -0.3% absolute.
 6        If the prior year's trust fund balance  is  equal  to  or
 7    greater  than  $300,000,000  but  less than $700,000,000, the
 8    wage base adjustment shall be $150, the rate adjustment shall
 9    be 0.025%,  and  the  allowance  adjustment  shall  be  -0.2%
10    absolute.
11        If  the  prior  year's  trust fund balance is equal to or
12    greater than $700,000,000 but less than  $1,000,000,000,  the
13    wage  base adjustment shall be $75, the rate adjustment shall
14    be 0, and the allowance adjustment shall be -0.1% absolute.
15        If the prior year's trust fund balance  is  equal  to  or
16    greater than $1,000,000,000 but less than $1,300,000,000, the
17    wage base adjustment shall be -$75, the rate adjustment shall
18    be 0, and the allowance adjustment shall be 0.1% absolute.
19        If  the  prior  year's  trust fund balance is equal to or
20    greater than $1,300,000,000 but less than $1,700,000,000, the
21    wage base adjustment shall  be  -$150,  the  rate  adjustment
22    shall  be -0.025%, and the allowance adjustment shall be 0.2%
23    absolute.
24        If the prior year's trust fund balance  is  equal  to  or
25    greater  than  $1,700,000,000, the wage base adjustment shall
26    be -$220, the  rate  adjustment  shall  be  -0.05%,  and  the
27    allowance adjustment shall be 0.3% absolute.

28        (820 ILCS 405/1401) (from Ch. 48, par. 551)
29        Sec.  1401.  Interest. Any employer who shall fail to pay
30    any contributions (including  any  amounts  due  pursuant  to
31    Section 1506.3 or Section 1506.4) when required of him by the
32    provisions  of  this Act and the rules and regulations of the
33    Director,  whether  or  not  the  amount  thereof  has   been
 
                            -39-     LRB093 05611 WGH 20237 a
 1    determined  and  assessed  by  the Director, shall pay to the
 2    Director, in addition to such contribution, interest  thereon
 3    at  the  rate of one percent (1%) per month and one-thirtieth
 4    (1/30) of one percent (1%) for each day or  fraction  thereof
 5    computed  from  the  day  upon which said contribution became
 6    due. After 1981, such interest shall accrue at the rate of 2%
 7    per month, computed at the rate of 12/365 of 2% for each  day
 8    or  fraction  thereof,  upon  any  unpaid contributions which
 9    become due, provided that, after 1987, for the   purposes  of
10    calculating  interest  due  under this Section only, payments
11    received more than 30 days after  such  contributions  become
12    due  shall  be  deemed  received on the last day of the month
13    preceding the month in which they were received except  that,
14    if  the last day of such preceding month is less than 30 days
15    after the date that such contributions became due, then  such
16    payments  shall  be  deemed to have been received on the 30th
17    day after the date such contributions became due.
18        However, all or part of any interest may be waived by the
19    Director for good cause shown.
20    (Source: P.A. 85-956; 86-1367.)

21        (820 ILCS 405/1502.1) (from Ch. 48, par. 572.1)
22        Sec. 1502.1.  Employer's benefit charges.
23        A.  Benefit charges which result  from  payments  to  any
24    claimant made on or after July 1, 1989 shall be charged:
25             1.  For  benefit  years  beginning  prior to July 1,
26        1989, to each employer who paid  wages  to  the  claimant
27        during his base period;
28             2.  For  benefit years beginning on or after July 1,
29        1989 but before January 1, 1993, to the later of:
30                  a.  the last employer prior to the beginning of
31             the claimant's benefit year:
32                       i.  from whom the claimant  was  separated
33                  or  who,  by  reduction of work offered, caused
 
                            -40-     LRB093 05611 WGH 20237 a
 1                  the claimant to become unemployed as defined in
 2                  Section 239, and,
 3                       ii.  for  whom  the   claimant   performed
 4                  services  in  employment,  on  each  of 30 days
 5                  whether  or  not  such  days  are  consecutive,
 6                  provided that the wages for such services  were
 7                  earned  during the period from the beginning of
 8                  the claimant's base period to the beginning  of
 9                  the  claimant's benefit year; but that employer
10                  shall not be charged if:
11                            (1)  the claimant's  last  separation
12                       from that employer was a voluntary leaving
13                       without good cause, as the term is used in
14                       Section  601A  or  under the circumstances
15                       described in paragraphs 1 and 2 of Section
16                       601B; or
17                            (2)  the claimant's  last  separation
18                       from  that  employer  was  a discharge for
19                       misconduct or a felony or theft  connected
20                       with his work from that employer, as these
21                       terms are used in Section 602; or
22                            (3)  after  his  last separation from
23                       that employer, prior to the  beginning  of
24                       his  benefit year, the claimant refused to
25                       accept  an  offer  of  or  to  apply   for
26                       suitable  work  from that employer without
27                       good cause, as these  terms  are  used  in
28                       Section 603; or
29                            (4)  the claimant, following his last
30                       separation  from  that  employer, prior to
31                       the beginning  of  his  benefit  year,  is
32                       ineligible  or  would have been ineligible
33                       under Section 612 if he  has  or  had  had
34                       base  period  wages  from the employers to
 
                            -41-     LRB093 05611 WGH 20237 a
 1                       which that Section applies; or
 2                            (5)  the    claimant     subsequently
 3                       performed  services  for  at least 30 days
 4                       for an  individual or  organization  which
 5                       is not an employer subject to this Act; or
 6                  b.  the  single  employer who pays wages to the
 7             claimant that allow him to  requalify  for  benefits
 8             after  disqualification  under  Section  601, 602 or
 9             603, if:
10                       i.  the disqualifying event occurred prior
11                  to the  beginning  of  the  claimant's  benefit
12                  year, and
13                       ii.  the  requalification  occurred  after
14                  the  beginning  of the claimant's benefit year,
15                  and
16                       iii.  even if the 30 day requirement given
17                  in this paragraph is not satisfied; but
18                       iv.  the requalifying employer  shall  not
19                  be  charged  if the claimant is held ineligible
20                  with  respect  to  that  requalifying  employer
21                  under Section 601, 602 or 603.
22             3.  For benefit years beginning on or after  January
23        1, 1993, with respect to each week for which benefits are
24        paid, to the later of:
25                  a.  the last employer:
26                       i.  from  whom  the claimant was separated
27                  or who, by reduction of  work  offered,  caused
28                  the claimant to become unemployed as defined in
29                  Section 239, and
30                       ii.  for   whom   the  claimant  performed
31                  services in employment,  on  each  of  30  days
32                  whether  or  not  such  days  are  consecutive,
33                  provided  that the wages for such services were
34                  earned since the beginning  of  the  claimant's
 
                            -42-     LRB093 05611 WGH 20237 a
 1                  base  period;  but  that  employer shall not be
 2                  charged if:
 3                            (1)  the claimant's  separation  from
 4                       that  employer  was  a  voluntary  leaving
 5                       without good cause, as the term is used in
 6                       Section  601A  or  under the circumstances
 7                       described in paragraphs 1, and 2, and 6 of
 8                       Section 601B; or
 9                            (2)  the claimant's  separation  from
10                       that   employer   was   a   discharge  for
11                       misconduct or a felony or theft  connected
12                       with his work from that employer, as these
13                       terms are used in Section 602; or
14                            (3)  the  claimant  refused to accept
15                       an offer of or to apply for suitable  work
16                       from  that employer without good cause, as
17                       these terms are used in Section  603  (but
18                       only  for  weeks  following the refusal of
19                       work); or
20                            (4)  the    claimant     subsequently
21                       performed  services  for  at least 30 days
22                       for an individual or organization which is
23                       not an employer subject to this Act; or
24                            (5)  the  claimant,   following   his
25                       separation    from   that   employer,   is
26                       ineligible or would have  been  ineligible
27                       under  Section  612  if  he has or had had
28                       base period wages from  the  employers  to
29                       which  that  Section applies (but only for
30                       the period of ineligibility  or  potential
31                       ineligibility); or
32                  b.  the  single  employer who pays wages to the
33             claimant that allow him to  requalify  for  benefits
34             after  disqualification  under  Section 601, 602, or
 
                            -43-     LRB093 05611 WGH 20237 a
 1             603, even if the 30 day requirement  given  in  this
 2             paragraph  is  not  satisfied;  but the requalifying
 3             employer shall not be charged  if  the  claimant  is
 4             held  ineligible  with  respect to that requalifying
 5             employer under Section 601, 602, or 603.
 6        B.  Whenever a claimant is ineligible pursuant to Section
 7    614 on the basis of wages paid during his  base  period,  any
 8    days  on which such wages were earned shall not be counted in
 9    determining whether that claimant performed  services  during
10    at  least  30  days  for the employer that paid such wages as
11    required by paragraphs 2 and 3 of subsection A.
12        C.  If no employer meets the requirements of paragraph  2
13    or 3 of subsection A, then no employer will be chargeable for
14    any benefit charges which result from the payment of benefits
15    to the claimant for that benefit year.
16        D.  Notwithstanding  the  preceding  provisions  of  this
17    Section,  no  employer  shall  be  chargeable for any benefit
18    charges which result from the  payment  of  benefits  to  any
19    claimant  after  the effective date of this amendatory Act of
20    1992 where  the  claimant's  separation  from  that  employer
21    occurred  as  a  result  of  his detention, incarceration, or
22    imprisonment under State, local, or federal law.
23        E.  For the purposes of Sections  302,  409,  701,  1403,
24    1404, 1405 and 1508.1, last employer means the employer that:
25             1.  is  charged  for  benefit  payments which become
26        benefit charges under this Section, or
27             2.  would have been liable for such benefit  charges
28        if  it  had  not  elected  to  make  payments  in lieu of
29        contributions.
30    (Source: P.A. 86-3; 87-1178.)

31        (820 ILCS 405/1505) (from Ch. 48, par. 575)
32        Sec. 1505.  Adjustment of state  experience  factor.  The
33    state  experience factor shall be adjusted in accordance with
 
                            -44-     LRB093 05611 WGH 20237 a
 1    the following provisions:
 2        A.  This subsection shall apply  to  each  calendar  year
 3    prior  to  1980  for which a state experience factor is being
 4    determined.
 5        For every $7,000,000 (or fraction thereof) by  which  the
 6    amount  standing to the credit of this State's account in the
 7    unemployment trust fund as of June 30 of  the  calendar  year
 8    immediately  preceding  the calendar year for which the state
 9    experience   factor   is   being   determined   falls   below
10    $450,000,000, the state experience factor for the  succeeding
11    calendar year shall be increased 1 percent absolute.
12        For  every  $7,000,000 (or fraction thereof) by which the
13    amount standing to the credit of this State's account in  the
14    unemployment  trust  fund  as of June 30 of the calendar year
15    immediately preceding the calendar year for which  the  state
16    experience  factor  is being determined exceeds $450,000,000,
17    the state experience factor for the succeeding year shall  be
18    reduced 1 percent absolute.
19        B.  This  subsection  shall  apply  to the calendar years
20    1980 through 1987, for which the state experience  factor  is
21    being determined.
22        For  every $12,000,000 (or fraction thereof) by which the
23    amount standing to the credit of this State's account in  the
24    unemployment  trust  fund  as of June 30 of the calendar year
25    immediately preceding the calendar year for which  the  state
26    experience   factor   is   being   determined   falls   below
27    $750,000,000,  the state experience factor for the succeeding
28    calendar year shall be increased 1 percent absolute.
29        For every $12,000,000 (or fraction thereof) by which  the
30    amount  standing to the credit of this State's account in the
31    unemployment trust fund as of June 30 of  the  calendar  year
32    immediately  preceding  the calendar year for which the state
33    experience factor is being determined  exceeds  $750,000,000,
34    the  state experience factor for the succeeding year shall be
 
                            -45-     LRB093 05611 WGH 20237 a
 1    reduced 1 percent absolute.
 2        C.  This subsection shall apply to the calendar year 1988
 3    and each  calendar  year  thereafter,  for  which  the  state
 4    experience factor is being determined.
 5             1.  For  every  $50,000,000 (or fraction thereof) by
 6        which the adjusted trust fund  balance  falls  below  the
 7        target balance set forth in this subsection $750,000,000,
 8        the state experience factor for the succeeding year shall
 9        be increased one percent absolute.
10             For every $50,000,000 (or fraction thereof) by which
11        the  adjusted  trust  fund  balance  exceeds  the  target
12        balance  set  forth  in this subsection $750,000,000, the
13        state experience factor for the succeeding year shall  be
14        decreased by one percent absolute.
15             The  target  balance  in each calendar year prior to
16        2003 is $750,000,000. The target balance in calendar year
17        2003 is $920,000,000. The target balance in calendar year
18        2004 is $960,000,000. The target balance in calendar year
19        2005 and each calendar year thereafter is $1,000,000,000.
20             2.  For the purposes of this subsection:
21             "Net trust fund balance" is the amount  standing  to
22        the  credit  of  this State's account in the unemployment
23        trust fund as of June 30 of the calendar year immediately
24        preceding the year for which a state experience factor is
25        being determined.
26             "Adjusted trust fund balance" is the net trust  fund
27        balance  minus  the  sum of the benefit reserves for fund
28        building for July 1, 1987 through June  30  of  the  year
29        prior  to  the year for which the state experience factor
30        is being determined.  The  adjusted  trust  fund  balance
31        shall   not   be   less  than  zero.   If  the  preceding
32        calculation results in a number which is less than  zero,
33        the amount by which it is less than zero shall reduce the
34        sum  of  the  benefit  reserves  for  fund  building  for
 
                            -46-     LRB093 05611 WGH 20237 a
 1        subsequent years.
 2             For  the purpose of determining the state experience
 3        factor for 1989 and for each  calendar  year  thereafter,
 4        the  following "benefit reserves for fund building" shall
 5        apply for each state  experience  factor  calculation  in
 6        which that 12 month period is applicable:
 7                  a.  For  the 12 month period ending on June 30,
 8             1988, the "benefit reserve for fund building"  shall
 9             be  8/104th  of the total benefits paid from January
10             1, 1988 through June 30, 1988.
11                  b.  For the 12 month period ending on June  30,
12             1989,  the "benefit reserve for fund building" shall
13             be the sum of:
14                       i.  8/104ths of the  total  benefits  paid
15                  from  July  1,  1988 through December 31, 1988,
16                  plus
17                       ii.  4/108ths of the total  benefits  paid
18                  from January 1, 1989 through June 30, 1989.
19                  c.  For  the 12 month period ending on June 30,
20             1990, the "benefit reserve for fund building"  shall
21             be  4/108ths of the total benefits paid from July 1,
22             1989 through December 31, 1989.
23                  d.  For  1992  and  for  each   calendar   year
24             thereafter,  the "benefit reserve for fund building"
25             for the 12 month period ending on June 30, 1991  and
26             for each subsequent 12 month period shall be zero.
27             3.  Notwithstanding the preceding provisions of this
28        subsection,  for  calendar  years  1988 through 2003, the
29        state  experience  factor  shall  not  be  increased   or
30        decreased by more than 15 percent absolute.
31        D.  Notwithstanding  the  provisions of subsection C, the
32    adjusted state experience factor:
33             1.  Shall be 111 percent for calendar year 1988;
34             2.  Shall not be less than 75  percent  nor  greater
 
                            -47-     LRB093 05611 WGH 20237 a
 1        than  135  percent  for  calendar years year 1989 through
 2        2003; and shall not be less than  75%  nor  greater  than
 3        150%  for  calendar  year  2004  and  each  calendar year
 4        thereafter;
 5             3.  Shall not be decreased by more  than  5  percent
 6        absolute  for  any  calendar  year, beginning in calendar
 7        year 1989 and through calendar year 1992, by more than 6%
 8        absolute for calendar years 1993  through  1995,  and  by
 9        more  than  10%  absolute  for  calendar  years year 1999
10        through 2003 and by more than 12% absolute  for  calendar
11        year  2004  and  each  calendar year thereafter, from the
12        adjusted state experience factor  of  the  calendar  year
13        preceding  the calendar year for which the adjusted state
14        experience factor is being determined;
15             4.  Shall not be increased by more than 15% absolute
16        for calendar year 1993, by more  than  14%  absolute  for
17        calendar  years  1994  and  1995,  and  by  more than 10%
18        absolute for calendar years year 1999 through 2003 and by
19        more than 16% absolute for calendar year  2004  and  each
20        calendar   year   thereafter,  from  the  adjusted  state
21        experience factor for the  calendar  year  preceding  the
22        calendar  year  for  which  the adjusted state experience
23        factor is being determined;
24             5.  Shall be 100% for calendar years 1996, 1997, and
25        1998.
26        E.  The amount standing to the  credit  of  this  State's
27    account in the unemployment trust fund as of June 30 shall be
28    deemed  to  include as part thereof (a) any amount receivable
29    on that date from any Federal governmental agency,  or  as  a
30    payment  in  lieu  of  contributions  under the provisions of
31    Sections 1403 and 1405 B and paragraph 2 of Section 302C,  in
32    reimbursement  of  benefits  paid  to  individuals,  and  (b)
33    amounts  credited  by  the  Secretary  of the Treasury of the
34    United States to this State's  account  in  the  unemployment
 
                            -48-     LRB093 05611 WGH 20237 a
 1    trust  fund  pursuant  to  Section  903 of the Federal Social
 2    Security Act, as amended, including any  such  amounts  which
 3    have  been appropriated by the General Assembly in accordance
 4    with the  provisions  of  Section  2100  B  for  expenses  of
 5    administration,  except any amounts which have been obligated
 6    on or before that date pursuant to such appropriation.
 7    (Source: P.A. 89-446, eff. 2-8-96.)

 8        (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3)
 9        Sec.   1506.3.    Fund   building   rates   -   Temporary
10    Administrative Funding.
11        A.  Notwithstanding any other provision of this Act,  the
12    following  fund  building  rates  shall  be in effect for the
13    following calendar years:
14        For each employer whose contribution rate for 1988, 1989,
15    1990, the first, third, and fourth quarters  of  1991,  1992,
16    1993, 1994, 1995, and 1997 through 2003 and any calendar year
17    thereafter  would, in the absence of this Section, be 0.2% or
18    higher, a contribution rate which is the sum of such rate and
19    a fund building rate of 0.4%;
20        For each employer whose contribution rate for the  second
21    quarter  of  1991  would,  in the absence of this Section, be
22    0.2% or higher, a contribution rate which is the sum of  such
23    rate and 0.3%;
24        For each employer whose contribution rate for 1996 would,
25    in  the  absence  of  this  Section,  be  0.1%  or  higher, a
26    contribution rate which is the sum of such rate and 0.4%;
27        For  each  employer  whose  contribution  rate  for  2004
28    through 2009 would, in the absence of this Section,  be  0.2%
29    or  higher, a contribution rate which is the sum of such rate
30    and the following: a fund building rate of 0.7% for  2004;  a
31    fund  building rate of 0.9% for 2005; a fund building rate of
32    0.8% for 2006 and 2007; a fund  building  rate  of  0.6%  for
33    2008; a fund building rate of 0.4% for 2009.
 
                            -49-     LRB093 05611 WGH 20237 a
 1        For  each  employer  whose contribution rate for 2010 and
 2    any calendar year thereafter would, in the  absence  of  this
 3    Section,  be 0.2% or higher, a contribution rate which is the
 4    sum of such rate and a fund building rate equal to the sum of
 5    the rate adjustment  applicable  to  that  year  pursuant  to
 6    Section  1400.1,  plus  the  fund  building  rate  in  effect
 7    pursuant  to  this  Section  for  the  immediately  preceding
 8    calendar year. Notwithstanding any provision to the contrary,
 9    the  fund building rate in effect for any calendar year after
10    calendar year 2009 shall not be less  than  0.4%  or  greater
11    than 0.55%.
12        Notwithstanding  the preceding paragraphs of this Section
13    or any other provision of this Act, except for the provisions
14    contained in Section 1500 pertaining to rates  applicable  to
15    employers  classified  under the Standard Industrial Code, or
16    another classification system sanctioned by the United States
17    Department of Labor and prescribed by the Director  by  rule,
18    no  employer  whose  total wages for insured work paid by him
19    during any calendar quarter in 1988  and  any  calendar  year
20    thereafter are less than $50,000 shall pay contributions at a
21    rate   with   respect  to  such  quarter  which  exceeds  the
22    following: with respect  to  calendar  year  1988,  5%;  with
23    respect to 1989 and any calendar year thereafter, 5.4%.
24        Notwithstanding  the preceding paragraph of this Section,
25    or  any  other  provision  of   this   Act,   no   employer's
26    contribution rate with respect to calendar years 1993 through
27    1995  shall  exceed 5.4% if the employer ceased operations at
28    an Illinois  manufacturing  facility  in  1991  and  remained
29    closed  at that facility during all of 1992, and the employer
30    in 1993 commits to invest at least $5,000,000 for the purpose
31    of resuming operations at that  facility,  and  the  employer
32    rehires  during 1993 at least 250 of the individuals employed
33    by it at that facility during the one year  period  prior  to
34    the  cessation  of  its  operations, provided that, within 30
 
                            -50-     LRB093 05611 WGH 20237 a
 1    days after the effective date of this amendatory Act of 1993,
 2    the employer makes application to the Department to have  the
 3    provisions  of  this  paragraph apply to it.  The immediately
 4    preceding sentence shall be null and void with respect to  an
 5    employer  which  by  December  31, 1993 has not satisfied the
 6    rehiring requirement specified by this paragraph or which  by
 7    December  31,  1994  has not made the investment specified by
 8    this  paragraph.   All  payments  attributable  to  the  fund
 9    building rate  established  pursuant  to  this  Section  with
10    respect  to  the  fourth  quarter  of calendar year 2003, the
11    first quarter of calendar year 2004 and any calendar  quarter
12    thereafter  as  of  the  close of which there are either bond
13    obligations outstanding pursuant to the Illinois Unemployment
14    Insurance Trust  Fund  Financing  Act,  or  bond  obligations
15    anticipated  to  be outstanding as of either or both of the 2
16    immediately succeeding calendar quarters, shall  be  directed
17    for deposit into the Master Bond Fund.
18        B.  Notwithstanding  any other provision of this Act, for
19    the second quarter of 1991, the  contribution  rate  of  each
20    employer  as  determined  in  accordance  with Sections 1500,
21    1506.1, and subsection A of this Section shall  be  equal  to
22    the  sum of such rate and 0.1%; provided that this subsection
23    shall not apply to any employer  whose  rate  computed  under
24    Section  1506.1  for  such  quarter is between 5.1% and 5.3%,
25    inclusive, and  who  qualifies  for  the  5.4%  rate  ceiling
26    imposed  by  the  last  paragraph  of  subsection  A for such
27    quarter.  All payments made pursuant to this subsection shall
28    be deposited in the Employment Security  Administrative  Fund
29    established   under   Section   2103.1   and   used  for  the
30    administration of this Act.
31        C.  Payments  received  by   the   Director   which   are
32    insufficient to pay the total contributions due under the Act
33    shall  be first applied to satisfy the amount due pursuant to
34    subsection B.
 
                            -51-     LRB093 05611 WGH 20237 a
 1        C-1.  Payments received by the Director with  respect  to
 2    the  fourth  quarter of calendar year 2003, the first quarter
 3    of calendar year 2004 and any calendar quarter thereafter  as
 4    of  the  close  of  which  there  are either bond obligations
 5    outstanding pursuant to the Illinois  Unemployment  Insurance
 6    Trust  Fund Financing Act, or bond obligations anticipated to
 7    be outstanding as of either or  both  of  the  2  immediately
 8    succeeding  calendar  quarters, shall, to the extent they are
 9    insufficient to pay the total amount due under the  Act  with
10    respect  to  the  quarter,  be  first  applied to satisfy the
11    amount due with respect to that quarter and  attributable  to
12    the  fund building rate established pursuant to this Section.
13    Notwithstanding any other provision  to  the  contrary,  with
14    respect  to  an employer whose contribution rate with respect
15    to a quarter subject to this subsection would  have  exceeded
16    5.4%  but  for  the  5.4%  rate  ceiling  imposed pursuant to
17    subsection A, the amount due from the employer  with  respect
18    to  that  quarter  and attributable to the fund building rate
19    established pursuant to subsection A shall equal the  amount,
20    if  any, by which the amount due and attributable to the 5.4%
21    rate  exceeds  the  amount  that  would  have  been  due  and
22    attributable to the employer's rate  determined  pursuant  to
23    Sections 1500 and 1506.1, without regard to the fund building
24    rate established pursuant to subsection A.
25        D.  All   provisions   of  this  Act  applicable  to  the
26    collection or refund of any contribution due under  this  Act
27    shall  be  applicable  to the collection or refund of amounts
28    due pursuant to subsection B and amounts directed pursuant to
29    this Section for deposit into the Master  Bond  Fund  to  the
30    extent   they   would   not   otherwise   be   considered  as
31    contributions.
32    (Source: P.A. 91-342, eff. 1-1-00.)

33        (820 ILCS 405/1507) (from Ch. 48, par. 577)
 
                            -52-     LRB093 05611 WGH 20237 a
 1        Sec.  1507.   Contribution   rates   of   successor   and
 2    predecessor employing units.
 3        A.  Whenever any employing unit succeeds to substantially
 4    all  of  the employing enterprises of another employing unit,
 5    then in determining contribution rates for any calendar year,
 6    the experience rating record of the predecessor prior to  the
 7    succession   shall   be  transferred  to  the  successor  and
 8    thereafter it shall not be treated as the  experience  rating
 9    record  of  the predecessor, except as provided in subsection
10    B. For the purposes of this Section, such  experience  rating
11    record  shall consist of all years during which liability for
12    the payment of contributions was incurred by the  predecessor
13    prior  to  the succession, all benefit wages based upon wages
14    paid by the predecessor prior to the succession, all  benefit
15    charges  based  on  separations  from,  or reductions in work
16    initiated by, benefits paid by the predecessor prior  to  the
17    succession,  and  all  wages  for  insured  work  paid by the
18    predecessor prior to the succession.  This amendatory Act  of
19    the 93rd General Assembly is intended to be a continuation of
20    prior law.
21        B.  The provisions of this subsection shall be applicable
22    only  to  the  determination  of  contribution  rates for the
23    calendar year 1956 and for  each  calendar  year  thereafter.
24    Whenever  any  employing  unit has succeeded to substantially
25    all of the employing enterprises of another  employing  unit,
26    but  the  predecessor  employing unit has retained a distinct
27    severable portion of its employing  enterprises  or  whenever
28    any  employing  unit  has  succeeded  to a distinct severable
29    portion which is less than substantially all of the employing
30    enterprises  of  another  employing   unit,   the   successor
31    employing  unit  shall  acquire  the experience rating record
32    attributable to the portion to which it  has  succeeded,  and
33    the  predecessor  employing  unit shall retain the experience
34    rating record  attributable  to  the  portion  which  it  has
 
                            -53-     LRB093 05611 WGH 20237 a
 1    retained, if--
 2             1.  It   files   a   written  application  for  such
 3        experience rating  record  which  is  joined  in  by  the
 4        employing  unit which is then entitled to such experience
 5        rating record; and
 6             2.  The joint application contains such  information
 7        as  the Director shall by regulation prescribe which will
 8        show that such experience rating record  is  identifiable
 9        and   segregable   and,   therefore,   capable  of  being
10        transferred; and
11             3.  The  joint  application  is   filed   prior   to
12        whichever  of the following dates is the latest: (a) July
13        1, 1956; (b) one year after the date of  the  succession;
14        or  (c)  the  date  that  the  rate  determination of the
15        employing unit which  has  applied  for  such  experience
16        rating  record  has  become  final  for the calendar year
17        immediately following the  calendar  year  in  which  the
18        succession   occurs.   The   filing  of  a  timely  joint
19        application shall not affect any rate determination which
20        has become final, as provided by Section 1509.
21        If all of the foregoing requirements are  met,  then  the
22    Director  shall transfer such experience rating record to the
23    employing unit which has applied therefor, and it  shall  not
24    be  treated  as the experience rating record of the employing
25    unit which has joined in the application.
26        Whenever any employing unit is reorganized  into  two  or
27    more  employing  units,  and  any of such employing units are
28    owned or controlled by the  same  interests  which  owned  or
29    controlled  the  predecessor prior to the reorganization, and
30    the provisions of this subsection become applicable  thereto,
31    then  such  affiliated  employing  units during the period of
32    their affiliation shall be treated as a single employing unit
33    for the purpose of determining their rates of contributions.
34        C.  For the calendar year in which  a  succession  occurs
 
                            -54-     LRB093 05611 WGH 20237 a
 1    which   results  in  the  total  or  partial  transfer  of  a
 2    predecessor's  experience  rating  record,  the  contribution
 3    rates of the parties  thereto  shall  be  determined  in  the
 4    following manner:
 5             1.  If  any  of such parties had a contribution rate
 6        applicable  to  it  for  that  calendar  year,  it  shall
 7        continue with such contribution rate.
 8             2.  If  any  successor  had  no  contribution   rate
 9        applicable  to  it  for  that calendar year, and only one
10        predecessor is involved, then the  contribution  rate  of
11        the   successor   shall  be  the  same  as  that  of  its
12        predecessor.
13             3.  If  any  successor  had  no  contribution   rate
14        applicable  to it for that calendar year, and two or more
15        predecessors are involved, then the contribution rate  of
16        the   successor   shall  be  computed,  on  the  combined
17        experience rating records of the predecessors or  on  the
18        appropriate  part of such records if any partial transfer
19        is involved,  as  provided  in  Sections  1500  to  1507,
20        inclusive.
21             4.  Notwithstanding  the  provisions of paragraphs 2
22        and 3 of this subsection, if any succession occurs  prior
23        to the calendar year 1956 and the successor acquires part
24        of  the  experience  rating  record of the predecessor as
25        provided in  subsection  B  of  this  Section,  then  the
26        contribution rate of that successor for the calendar year
27        in which such succession occurs shall be 2.7 percent.
28    (Source: P.A. 90-554, eff. 12-12-97; 91-342, eff. 1-1-00.)

29        (820 ILCS 405/1511.1 new)
30        Sec.  1511.1.  Effects  of 2004 Solvency Legislation. The
31    Employment Security Advisory Board shall hold public hearings
32    on the  progress  toward  meeting  the  Trust  Fund  solvency
33    projections  made  in  accordance with this amendatory Act of
 
                            -55-     LRB093 05611 WGH 20237 a
 1    the 93d General Assembly. The hearings  shall  also  consider
 2    issues   related  to  benefit  eligibility,  benefit  levels,
 3    employer contributions, and future trust fund solvency goals.
 4    The  Board  shall,   in   accordance   with   its   operating
 5    resolutions, approve and report findings from the hearings to
 6    the Illinois General Assembly by April 1, 2007. A copy of the
 7    findings shall be available to the public on the Department's
 8    website.

 9        (820 ILCS 405/2100) (from Ch. 48, par. 660)
10        Sec. 2100.  Handling of funds - Bond - Accounts.
11        A.   All   contributions   and   payments   in   lieu  of
12    contributions collected under this  Act,  including  but  not
13    limited to fund building receipts, together with any interest
14    thereon;  all  penalties  collected pursuant to this Act; any
15    property or securities acquired through the use thereof;  all
16    moneys  advanced  to this State's account in the unemployment
17    trust fund pursuant to the provisions of  Title  XII  of  the
18    Social  Security  Act,  as  amended;  all moneys directed for
19    transfer from the Master Bond Fund to this State's account in
20    the unemployment trust fund received  from  the  federal  tax
21    avoidance surcharge established by Section 1506.4; all moneys
22    received   from  the  Federal  government  as  reimbursements
23    pursuant  to  Section  204  of  the  Federal-State   Extended
24    Unemployment Compensation Act of 1970, as amended; all moneys
25    credited  to  this  State's account in the unemployment trust
26    fund pursuant to Section 903 of the Federal  Social  Security
27    Act,  as  amended;    and  all  earnings  of such property or
28    securities and any interest earned upon any such moneys shall
29    be paid or turned over  to  and  held  by  the  Director,  as
30    ex-officio   custodian   of   the   clearing   account,   the
31    unemployment  trust fund account and the benefit account, and
32    by the  State  Treasurer,  as  ex-officio  custodian  of  the
33    special  administrative  account, separate and apart from all
 
                            -56-     LRB093 05611 WGH 20237 a
 1    public  moneys  or  funds  of  this  State,  as   hereinafter
 2    provided.   Such moneys shall be administered by the Director
 3    exclusively for the purposes of this Act.
 4        No such moneys shall be paid or expended except upon  the
 5    direction of the Director in accordance with such regulations
 6    as he shall prescribe pursuant to the provisions of this Act.
 7        The  State  Treasurer  shall  be  liable  on  his general
 8    official bond for the faithful performance of his  duties  in
 9    connection  with  the  moneys  in  the special administrative
10    account provided for under this Act.  Such liability  on  his
11    official  bond  shall exist in addition to the liability upon
12    any separate bond given  by  him.   All  sums  recovered  for
13    losses  sustained  by  the account shall be deposited in that
14    account.
15        The Director shall be liable on his general official bond
16    for the faithful performance of his duties in connection with
17    the moneys in the clearing account, the benefit  account  and
18    unemployment  trust fund account provided for under this Act.
19    Such liability on his official bond shall exist  in  addition
20    to  the  liability  upon any separate bond given by him.  All
21    sums recovered  for  losses  sustained  by  any  one  of  the
22    accounts  shall  be  deposited  in the account that sustained
23    such loss.
24        The Treasurer shall maintain for such  moneys  a  special
25    administrative  account.    The  Director  shall maintain for
26    such moneys  3  separate  accounts:  a  clearing  account,  a
27    benefit  account and an unemployment trust fund account.  All
28    moneys payable under this Act  (except  moneys  requisitioned
29    from  this State's account in the unemployment trust fund and
30    deposited in the benefit account), including but not  limited
31    to  moneys directed for transfer from the Master Bond Fund to
32    this State's account in the  unemployment  trust  fund,  upon
33    receipt   thereof  by  the  Director,  shall  be  immediately
34    deposited in the clearing account; provided,  however,  that,
 
                            -57-     LRB093 05611 WGH 20237 a
 1    except as is otherwise provided in this Section, interest and
 2    penalties  shall not be deemed a part of the clearing account
 3    but shall be transferred immediately upon  clearance  thereof
 4    to the special administrative account.
 5        After clearance thereof, all other moneys in the clearing
 6    account  shall  be immediately deposited by the Director with
 7    the Secretary of the Treasury of the United States of America
 8    to  the  credit  of  the  account  of  this  State   in   the
 9    unemployment  trust fund, established and maintained pursuant
10    to the Federal Social Security Act, as amended,  except  fund
11    building  receipts,  which shall be deposited into the Master
12    Bond Fund. The benefit account shall consist  of  all  moneys
13    requisitioned  from  this State's account in the unemployment
14    trust fund.  The moneys  in  the  benefit  account  shall  be
15    expended  in  accordance  with  regulations prescribed by the
16    Director and solely for the payment of benefits,  refunds  of
17    contributions, interest and penalties under the provisions of
18    the  Act,  the payment of health insurance in accordance with
19    Section 410 of this Act, and the transfer or payment of funds
20    to  any  Federal  or  State  agency  pursuant  to  reciprocal
21    arrangements  entered  into  by  the   Director   under   the
22    provisions  of  Section 2700E, except that moneys credited to
23    this State's account in the unemployment trust fund  pursuant
24    to  Section  903  of  the  Federal  Social  Security  Act, as
25    amended, shall be used exclusively as provided in  subsection
26    B.   For purposes of this Section only, to the extent allowed
27    by applicable legal requirements,  the  payment  of  benefits
28    includes  but  is  not limited to the payment of principal on
29    any  bonds  issued  pursuant  to  the  Illinois  Unemployment
30    Insurance Trust Fund Financing Act, exclusive of any interest
31    or administrative expenses in connection with the bonds.  The
32    Director shall, from  time  to  time,  requisition  from  the
33    unemployment  trust  fund  such  amounts,  not  exceeding the
34    amounts standing to the State's account therein, as he  deems
 
                            -58-     LRB093 05611 WGH 20237 a
 1    necessary  solely  for the payment of such benefits, refunds,
 2    and funds, for a reasonable future period.  The Director,  as
 3    ex-officio  custodian  of the benefit account, which shall be
 4    kept separate and apart from all other public  moneys,  shall
 5    issue  his  checks for the payment of such benefits, refunds,
 6    health insurance and funds solely from the moneys so received
 7    into the benefit account.  However, after January 1, 1987, no
 8    check shall be drawn on such benefit account  unless  at  the
 9    time  of  drawing there is sufficient money in the account to
10    pay the check.  The Director shall  retain  in  the  clearing
11    account  an  amount  of  interest  and penalties equal to the
12    amount of interest and penalties  to  be  refunded  from  the
13    benefit  account.   After  clearance  thereof,  the amount so
14    retained shall be immediately deposited by the  Director,  as
15    are  all  other  moneys  in  the  clearing  account, with the
16    Secretary of the Treasury of the United States.  If,  at  any
17    time,  an  insufficient  amount  of interest and penalties is
18    available for retention in the clearing account, no refund of
19    interest or penalties shall be made from the benefit  account
20    until  a  sufficient amount is available for retention and is
21    so retained, or until the State Treasurer, upon the direction
22    of the Director,  transfers  to  the  Director  a  sufficient
23    amount from the special administrative account, for immediate
24    deposit in the benefit account.
25        Any balance of moneys requisitioned from the unemployment
26    trust  fund  which remains unclaimed or unpaid in the benefit
27    account after the expiration of the  period  for  which  such
28    sums   were  requisitioned  shall  either  be  deducted  from
29    estimates of and may be utilized for authorized  expenditures
30    during  succeeding  periods,  or,  in  the  discretion of the
31    Director, shall be redeposited  with  the  Secretary  of  the
32    Treasury  of  the  United States to the credit of the State's
33    account in the unemployment trust fund.
34        Moneys   in   the   clearing,   benefit    and    special
 
                            -59-     LRB093 05611 WGH 20237 a
 1    administrative  accounts  shall  not be commingled with other
 2    State funds but they shall be deposited as  required  by  law
 3    and maintained in separate accounts on the books of a savings
 4    and loan association or bank.
 5        No  bank  or  savings  and loan association shall receive
 6    public funds as permitted by  this  Section,  unless  it  has
 7    complied   with  the  requirements  established  pursuant  to
 8    Section 6 of "An  Act  relating  to  certain  investments  of
 9    public  funds by public agencies", approved July 23, 1943, as
10    now or hereafter amended.
11        B.  Moneys credited to the account of this State  in  the
12    unemployment  trust  fund by the Secretary of the Treasury of
13    the United States pursuant  to  Section  903  of  the  Social
14    Security  Act  may be requisitioned from this State's account
15    and used as authorized by Section 903.  Any interest required
16    to be paid on advances under Title XII of the Social Security
17    Act shall be paid in a timely manner and shall not  be  paid,
18    directly   or  indirectly,  by  an  equivalent  reduction  in
19    contributions or  payments  in  lieu  of  contributions  from
20    amounts  in  this  State's  account in the unemployment trust
21    fund.   Such moneys may be requisitioned  and  used  for  the
22    payment  of  expenses incurred for the administration of this
23    Act, but only pursuant to a  specific  appropriation  by  the
24    General  Assembly  and  only if the expenses are incurred and
25    the moneys  are  requisitioned  after  the  enactment  of  an
26    appropriation law which:
27             1.  Specifies the purpose or purposes for which such
28        moneys   are  appropriated  and  the  amount  or  amounts
29        appropriated therefor;
30             2.  Limits the period within which such  moneys  may
31        be  obligated  to  a  period ending not more than 2 years
32        after the date of the enactment of the appropriation law;
33        and
34             3.  Limits the amount which may be obligated  during
 
                            -60-     LRB093 05611 WGH 20237 a
 1        any  fiscal  year  to an amount which does not exceed the
 2        amount  by  which  (a)  the  aggregate  of  the   amounts
 3        transferred  to  the  account  of  this State pursuant to
 4        Section 903 of the Social Security Act  exceeds  (b)  the
 5        aggregate  of  the amounts used by this State pursuant to
 6        this Act and charged against the amounts  transferred  to
 7        the account of this State.
 8        For  purposes  of  paragraph (3) above, amounts obligated
 9    for administrative  purposes  pursuant  to  an  appropriation
10    shall  be chargeable against transferred amounts at the exact
11    time the obligation  is  entered  into.   The  appropriation,
12    obligation,  and  expenditure  or  other disposition of money
13    appropriated under this subsection shall be accounted for  in
14    accordance  with  standards  established by the United States
15    Secretary of Labor.
16        Moneys appropriated as provided herein for the payment of
17    expenses of administration  shall  be  requisitioned  by  the
18    Director  as  needed  for the payment of obligations incurred
19    under such appropriation. Upon requisition, such moneys shall
20    be deposited with the State Treasurer, who  shall  hold  such
21    moneys,  as  ex-officio custodian thereof, in accordance with
22    the requirements of Section 2103 and, upon the  direction  of
23    the  Director, shall make payments therefrom pursuant to such
24    appropriation.  Moneys so deposited  shall,  until  expended,
25    remain a part of the unemployment trust fund and, if any will
26    not be expended, shall be returned promptly to the account of
27    this State in the unemployment trust fund.
28        C.  The  Governor  is  authorized  to apply to the United
29    States Secretary of Labor for an advance or advances to  this
30    State's  account  in  the unemployment trust fund pursuant to
31    the conditions set forth in Title XII of the  Federal  Social
32    Security Act, as amended.  The amount of any such advance may
33    be repaid from this State's account in the unemployment trust
34    fund  provided  that  if  the  federal  penalty tax avoidance
 
                            -61-     LRB093 05611 WGH 20237 a
 1    surcharge established by Section 1506.4 is in effect for that
 2    year, any outstanding advance  shall  first  be  repaid  from
 3    amounts  in  this  State's  account in the unemployment trust
 4    fund which were received from such surcharge by November 9 of
 5    each year.
 6    (Source: P.A. 91-342, eff. 1-1-00.)

 7        (820 ILCS 405/2106.1 new)
 8        Sec.  2106.1.  Master  Bond   Fund.   There   is   hereby
 9    established  the Master Bond Fund held by the Director or his
10    or her designee as ex-officio custodian thereof separate  and
11    apart  from  all  other  State  funds. The moneys in the Fund
12    shall be used in accordance with  the  Illinois  Unemployment
13    Insurance Trust Fund Financing Act.

14        (820 ILCS 405/1506.4 rep.)
15        (820 ILCS 405/2104 rep.)
16        Section  13.4.  The Unemployment Insurance Act is amended
17    by repealing Sections 1506.4 and 2104.

18        Section 14.  Effective Date. This  Act  takes  effect  on
19    January 1, 2004.".