Full Text of SB1771 94th General Assembly
SB1771enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning unemployment insurance.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unemployment Insurance Act is amended by | 5 |
| changing Section 1403 as follows:
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| (820 ILCS 405/1403) (from Ch. 48, par. 553)
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| Sec. 1403. Financing benefits paid to state employees. | 8 |
| Benefits paid
to individuals with respect to whom
on the basis | 9 |
| of wages paid to them for insured work in
the employ of this | 10 |
| State or any of its wholly owned instrumentalities
is the last | 11 |
| employer as provided in Section 1502.1 shall be financed by | 12 |
| appropriations to the Department of Employment
Security. There | 13 |
| is hereby established a special fund to be known as the
State | 14 |
| Employees' Unemployment Benefit Fund. Such Fund shall consist | 15 |
| of and
there shall be deposited in such Fund all moneys | 16 |
| appropriated to the
Department of Employment Security pursuant | 17 |
| to this Section, all
interest earned upon such moneys, any | 18 |
| property or securities acquired
through the use thereof, all | 19 |
| earnings of such property or securities,
and all other moneys | 20 |
| for the Fund received from any other source. The
Fund shall be | 21 |
| held by the State Treasurer, as ex-officio custodian thereof,
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| separate and apart from all public moneys or funds of this | 23 |
| State, but the
moneys in the Fund shall be deposited as | 24 |
| required by law and maintained in
a separate account on the | 25 |
| books of a savings and loan association or
bank. The Fund shall | 26 |
| be administered by the Director exclusively for the
purposes of | 27 |
| this Section. No moneys in the Fund shall be paid or
expended | 28 |
| except upon the direction of the Director exclusively for the
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| purposes of this Section.
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| The State Treasurer shall be liable on his general official | 31 |
| bond for
the faithful performance of his duties with regard to
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| as custodian of such moneys as
may come into his hands by |
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| virtue of this Section. Such liability on his
official bond | 2 |
| shall exist in addition to the liability upon any separate
bond | 3 |
| given by him. All sums recovered for losses sustained by the | 4 |
| clearing account
Fund
herein described shall be deposited | 5 |
| therein.
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| In lieu of contributions required of other employers under | 7 |
| this Act,
the State Treasurer, upon the direction of the | 8 |
| Director, shall transfer
to and deposit in the clearing account | 9 |
| established by Section 2100, an
amount equivalent to the amount | 10 |
| of regular benefits and one-half the
amount of extended | 11 |
| benefits (defined in Section 409) paid for weeks
which begin | 12 |
| before January 1, 1979, and to the amount of all benefits
paid | 13 |
| for weeks which begin on and after January 1, 1979, to | 14 |
| individuals
who, during there respective base periods, were | 15 |
| paid wages for insured
work by the State or any of its wholly | 16 |
| owned instrumentalities. If an
individual was paid such wages | 17 |
| during his base period both by the State
or any of such | 18 |
| instrumentalities and by one or more other employers,
the | 19 |
| amount to be so transferred by the State Treasurer with respect | 20 |
| to
such individual shall be a sum which bears the same ratio to | 21 |
| the total
benefits paid to the individual as the wages for | 22 |
| insured work paid to
the individual during his base period by | 23 |
| the State and any such
instrumentalities bear to the total | 24 |
| wages for insured work paid to the
individual during the base | 25 |
| period by all of the employers.
Notwithstanding the previous | 26 |
| provisions of this Section with respect to
benefit years | 27 |
| beginning prior to July 1, 1989, any adjustment after
September | 28 |
| 30, 1989 to the base period wages paid to the individual by any
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| employer shall not affect the ratio for determining the amount | 30 |
| to be
transferred to the clearing account by the State | 31 |
| Treasurer. Provided,
however, that with respect to benefit | 32 |
| years beginning on or after July 1,
1989, the State Treasurer | 33 |
| shall transfer to and deposit in the clearing
account an amount | 34 |
| equal to 100% of regular benefits, including dependents'
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| allowances, and 100% of extended benefits, including | 36 |
| dependents' allowances
paid to an individual, but only if the |
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| State: (a) is the last
employer as provided in Section 1502.1 | 2 |
| and (b) paid, to the individual
receiving benefits, wages for | 3 |
| insured work during his base period. If the
State meets the | 4 |
| requirements of (a) but not (b), with respect to benefit
years | 5 |
| beginning on or after July 1, 1989, it shall be required to | 6 |
| make
payments in an amount equal to 50% of regular benefits, | 7 |
| including
dependents' allowances, and 50% of extended | 8 |
| benefits, including dependents'
allowances, paid to an | 9 |
| individual.
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| On and after July 1, 2005, transfers to the clearing | 11 |
| account pursuant to this Section shall be made directly from | 12 |
| such funds and accounts as the appropriations to the Department | 13 |
| authorize, as designated by the Director. On July 1, 2005, or | 14 |
| as soon thereafter as may be reasonably practicable, all | 15 |
| remaining funds in the State Employees' Unemployment Benefit | 16 |
| Fund shall be transferred to the clearing account, and, upon | 17 |
| the transfer of those funds, the State Employees' Unemployment | 18 |
| Benefit Fund is abolished.
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| The Director shall ascertain the amount to be so | 20 |
| transferred and
deposited by the State Treasurer as soon as | 21 |
| practicable after the end of
each calendar quarter. The | 22 |
| provisions of paragraphs 4 and 5 of Section
1404B shall be | 23 |
| applicable to a determination of the amount to be so
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| transferred and deposited. Such deposit shall be made by the | 25 |
| State
Treasurer at such times and in such manner as the | 26 |
| Director may determine
and direct.
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| Every department, institution, agency and instrumentality | 28 |
| of the
State of Illinois shall make available to the Director | 29 |
| such information
with respect to any individual who has | 30 |
| performed insured work for it as
the Director may find | 31 |
| practicable and necessary for the determination of
such | 32 |
| individual's rights under this Act. Each such department,
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| institution, agency and instrumentality shall file such | 34 |
| reports with the
Director as he may by regulation prescribe.
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| (Source: P.A. 86-3.)
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| Section 99. Effective date. This Act takes effect July 1, | 2 |
| 2005.
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