Full Text of SB0072 97th General Assembly
SB0072ham003 97TH GENERAL ASSEMBLY | Rep. Frank J. Mautino Filed: 11/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 72
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 72 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Public Employment Office Act is amended by | 5 | | changing Section 1 as follows:
| 6 | | (20 ILCS 1015/1) (from Ch. 48, par. 173)
| 7 | | Sec. 1. Public employment offices; establishment. The | 8 | | Department of
Employment Security is authorized to establish
| 9 | | and maintain State public employment offices as provided in | 10 | | Section 1705 of the Unemployment Insurance Act , for the purpose | 11 | | of
receiving
applications of persons seeking employment and | 12 | | applications of persons
seeking to employ labor , as follows: | 13 | | One in each city, village or
incorporated town of not less than | 14 | | twenty-five thousand population; one in
two or more contiguous | 15 | | cities, villages or incorporated towns having an
aggregate or | 16 | | combined population of not less than twenty-five thousand; and
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| 1 | | in each city containing a population of one million or over, | 2 | | one central
office with as many departments as would be | 3 | | practical to handle the various
classes of labor, and such | 4 | | branch offices not to exceed five at any one
time, the location | 5 | | of branch offices to be approved by the
Governor. Those
offices | 6 | | shall be designated and known as Illinois Public
Employment | 7 | | Offices .
| 8 | | (Source: P.A. 90-372, eff. 7-1-98.)
| 9 | | Section 10. The Illinois
Unemployment Insurance
Trust Fund | 10 | | Financing Act is amended by changing Sections 3, 4, and 7 as | 11 | | follows: | 12 | | (30 ILCS 440/3)
| 13 | | Sec. 3. Definitions. For purposes of this Act:
| 14 | | A. "Act" shall mean the Illinois Unemployment Insurance | 15 | | Trust Fund
Financing Act.
| 16 | | B. "Benefits" shall have the meaning provided in the | 17 | | Unemployment
Insurance Act.
| 18 | | C. "Bond" means any type of revenue obligation, including, | 19 | | without
limitation, fixed
rate, variable rate, auction rate or | 20 | | similar bond, note, certificate, or other
instrument, | 21 | | including,
without limitation, an interest rate exchange | 22 | | agreement, an interest rate lock
agreement, a
currency exchange | 23 | | agreement, a forward payment conversion agreement, an
| 24 | | agreement to
provide payments based on levels of or changes in |
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| 1 | | interest rates or currency
exchange rates, an
agreement to | 2 | | exchange cash flows or a series of payments, an option, put, or
| 3 | | call to hedge
payment, currency, interest rate, or other | 4 | | exposure, payable from and secured
by
a pledge of
Fund Building | 5 | | Receipts collected pursuant to the Unemployment Insurance Act,
| 6 | | and
all interest
and other earnings upon such amounts held in | 7 | | the Master Bond Fund, to the
extent
provided in
the proceedings | 8 | | authorizing the obligation.
| 9 | | D. "Bond Administrative Expenses" means expenses and fees | 10 | | incurred to
administer
and issue, upon a conversion of any of | 11 | | the Bonds from one mode to another and
from taxable to
| 12 | | tax-exempt, the Bonds issued pursuant to this Act, including | 13 | | fees for paying
agents, trustees,
financial advisors, | 14 | | underwriters, remarketing agents, attorneys and for other
| 15 | | professional services
necessary to ensure compliance with | 16 | | applicable state or federal law.
| 17 | | E. "Bond Obligations" means the principal of a Bond and any | 18 | | premium and
interest
on a Bond issued pursuant to this Act, | 19 | | together with any amount owed under a
related Credit
Agreement.
| 20 | | F. "Credit Agreement" means, without limitation, a loan | 21 | | agreement, a
revolving
credit agreement, an agreement | 22 | | establishing a line of credit, a letter of
credit, notes, | 23 | | municipal
bond insurance, standby bond purchase agreements, | 24 | | surety bonds, remarketing
agreements and
the like, by which the | 25 | | Department may borrow funds to pay or redeem or purchase
and | 26 | | hold its
bonds, agreements for the purchase or remarketing of |
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| 1 | | bonds or any other
agreement that
enhances the marketability, | 2 | | security, or creditworthiness of a Bond issued
under
this Act.
| 3 | | 1. Such Credit Agreement shall provide the following:
| 4 | | a. The choice of law for the obligations of a | 5 | | financial provider may
be made for any state of these | 6 | | United States, but the law which shall
apply
to the | 7 | | Bonds shall be the law of the State of Illinois, and | 8 | | jurisdiction to
enforce
such Credit Agreement as | 9 | | against the Department shall be exclusively in the
| 10 | | courts of the State of Illinois or in the applicable | 11 | | federal court having
jurisdiction
and located within | 12 | | the State of Illinois.
| 13 | | b. Any such Credit Agreement shall be fully | 14 | | enforceable as a valid
and binding contract as and to | 15 | | the extent provided by applicable law.
| 16 | | 2. Without limiting the foregoing, such Credit | 17 | | Agreement, may include
any
of the following:
| 18 | | a. Interest rates on the Bonds may vary from time | 19 | | to time depending
upon criteria established by the | 20 | | Director, which may include, without
limitation:
| 21 | | (i) A variation in interest rates as may be | 22 | | necessary to cause
the Bonds to be remarketed from | 23 | | time to time at a price equal to their
principal | 24 | | amount plus any accrued interest;
| 25 | | (ii) Rates set by auctions; or
| 26 | | (iii) Rates set by formula.
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| 1 | | b. A national banking association, bank, trust | 2 | | company, investment
banker or other financial | 3 | | institution may be appointed to serve as a
remarketing
| 4 | | agent in that connection, and such remarketing agent | 5 | | may be delegated authority
by the Department to | 6 | | determine interest rates in accordance with criteria
| 7 | | established by the Department.
| 8 | | c. Alternative interest rates or provisions may | 9 | | apply during such
times as the Bonds are held by the | 10 | | financial providers or similar persons or
entities | 11 | | providing a Credit Agreement for those Bonds and, | 12 | | during such times,
the
interest on the Bonds may be | 13 | | deemed not exempt from income taxation under the
| 14 | | Internal Revenue Code for purposes of State law, as | 15 | | contained in the Bond
Authorization Act, relating to | 16 | | the permissible rate of interest to be borne
thereon.
| 17 | | d. Fees may be paid to the financial providers or | 18 | | similar persons or
entities providing a Credit | 19 | | Agreement, including all reasonably related costs,
| 20 | | including therein costs of enforcement and litigation | 21 | | (all such fees and costs
being
financial provider | 22 | | payments) and financial provider payments may be paid,
| 23 | | without limitation, from proceeds of the Bonds being | 24 | | the subject of such
agreements, or from Bonds issued to | 25 | | refund such Bonds, provided that such
financial | 26 | | provider payments shall be made subordinate to the |
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| 1 | | payments on the
Bonds.
| 2 | | e. The Bonds need not be held in physical form by | 3 | | the financial
providers or similar persons or entities | 4 | | providing a Credit Agreement when
providing funds to | 5 | | purchase or carry the Bonds from others but may be
| 6 | | represented in uncertificated form in the Credit | 7 | | Agreement.
| 8 | | f. The debt or obligation of the Department | 9 | | represented by a Bond
tendered for purchase to or | 10 | | otherwise made available to the Department
thereupon
| 11 | | acquired by either the Department or a financial | 12 | | provider shall not be deemed
to
be extinguished for | 13 | | purposes of State law until cancelled by the Department | 14 | | or
its
agent.
| 15 | | g. Such Credit Agreement may provide for
| 16 | | acceleration of the principal amounts due on the
Bonds.
| 17 | | G. "Department" means the Illinois Department of
| 18 | | Employment Security.
| 19 | | H. "Director" means the Director of the Illinois Department | 20 | | of
Employment
Security.
| 21 | | I. "Fund Building Rates" are those rates imposed pursuant | 22 | | to Section
1506.3 of the
Unemployment Insurance Act.
| 23 | | J. "Fund Building Receipts" shall have the meaning provided | 24 | | in the
Unemployment
Insurance Act and includes earnings on such | 25 | | receipts.
| 26 | | K. "Master Bond Fund" shall mean, for any particular |
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| 1 | | issuance of Bonds
under this
Act, the fund established for the | 2 | | deposit of Fund Building Receipts upon or
prior to the issuance
| 3 | | of Bonds under this Act, and during the time that any Bonds are | 4 | | outstanding
under this Act and from
which the
payment of Bond | 5 | | Obligations and the related Bond Administrative Expenses
| 6 | | incurred in
connection with such Bonds shall be made. That | 7 | | portion of the Master Bond
Fund
containing the Required Fund | 8 | | Building Receipts Amount shall be irrevocably
pledged to the
| 9 | | timely payment of Bond Obligations and Bond Administrative | 10 | | Expenses due on any
Bonds
issued pursuant to this Act and any | 11 | | Credit Agreement entered in connection with
the Bonds.
The | 12 | | Master Bond Fund shall be held separate and apart from all | 13 | | other
State funds.
Moneys in the Master Bond Fund shall not be | 14 | | commingled with other State
funds, but they
shall be deposited | 15 | | as required by law and maintained in a separate account on
the | 16 | | books of a
savings and loan association, bank or other | 17 | | qualified financial institution.
All interest earnings on | 18 | | amounts within
the Master Bond
Fund shall accrue to the Master | 19 | | Bond Fund.
The Master Bond Fund may include such funds and | 20 | | accounts as are necessary
for the
deposit of bond proceeds, | 21 | | Fund Building Receipts, payment of principal,
interest, | 22 | | administrative
expenses, costs of issuance, in the case of | 23 | | bonds which are exempt from Federal
taxation, rebate
payments, | 24 | | and such other funds and accounts which may be necessary for | 25 | | the
implementation
and administration of this Act.
The Director | 26 | | shall be liable on her or his general official bond for the
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| 1 | | faithful
performance of her or his duties as custodian of the | 2 | | Master Bond Fund. Such
liability on
her or his official bond | 3 | | shall exist in addition to the liability upon any
separate
bond | 4 | | given by
her or him. All sums recovered for losses sustained by | 5 | | the Master Bond Fund
shall
be deposited into
the Fund.
| 6 | | The Director shall report quarterly in writing to the | 7 | | Employment Security
Advisory Board concerning the
actual and
| 8 | | anticipated deposits into and expenditures and transfers made | 9 | | from the Master
Bond Fund.
Notwithstanding any other provision | 10 | | to the contrary, no report is required under this subsection K | 11 | | if (i) the Master Bond Fund held a net balance of zero as of the | 12 | | close of the immediately preceding calendar quarter, (ii) there | 13 | | have been no deposits into the Master Bond Fund within any of | 14 | | the immediately preceding 4 calendar quarters, and (iii) there | 15 | | have been no expenditures or transfers from the Master Bond | 16 | | Fund within any of the immediately preceding 4 calendar | 17 | | quarters.
| 18 | | L. "Required Fund Building Receipts Amount" means the | 19 | | aggregate amount of
Fund
Building Receipts required to be | 20 | | maintained in the Master Bond Fund as set
forth
in Section 4I
| 21 | | of this Act.
| 22 | | (Source: P.A. 93-634, eff. 1-1-04; 94-1083, eff. 1-19-07.) | 23 | | (30 ILCS 440/4)
| 24 | | Sec. 4. Authority to Issue Revenue Bonds.
| 25 | | A. The Department shall have the continuing power to borrow |
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| 1 | | money for
the purpose
of carrying out the following:
| 2 | | 1. To reduce or avoid the need to borrow or obtain a | 3 | | federal advance
under
Section 1201, et seq., of the Social | 4 | | Security Act (42 U.S.C. Section 1321), as
amended, or
any | 5 | | similar federal law; or
| 6 | | 2. To refinance a previous advance received by the | 7 | | Department
with
respect to the payment of Benefits; or
| 8 | | 3. To refinance, purchase, redeem, refund, advance | 9 | | refund or defease
(including, any
combination of the | 10 | | foregoing) any outstanding Bonds issued pursuant to this
| 11 | | Act; or
| 12 | | 4. To fund a surplus in Illinois' account in the | 13 | | Unemployment Trust Fund
of the
United States Treasury.
| 14 | | Paragraphs 1, 2 and 4 are inoperative on and after January | 15 | | 1, 2022 2013 .
| 16 | | B. As evidence of the obligation of the Department to repay | 17 | | money
borrowed for the
purposes set forth in Section 4A above, | 18 | | the Department may issue and dispose of
its interest
bearing | 19 | | revenue Bonds and may also, from time-to-time, issue and | 20 | | dispose of its
interest bearing
revenue Bonds to purchase, | 21 | | redeem, refund, advance refund or defease
(including,
any
| 22 | | combination of the foregoing) any Bonds at maturity or pursuant | 23 | | to redemption
provisions or at
any time before maturity. The | 24 | | Director, in consultation with the Department's
Employment
| 25 | | Security Advisory Board, shall have the power to direct that | 26 | | the Bonds be
issued. Bonds may be
issued in one or more series |
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| 1 | | and under terms and conditions as needed in
furtherance of the
| 2 | | purposes of this Act. The Illinois Finance Authority shall | 3 | | provide any
technical, legal, or
administrative services if and | 4 | | when requested by the Director and the
Employment
Security
| 5 | | Advisory Board with regard to the issuance of Bonds. The | 6 | | Governor's Office of Management and Budget may, upon the | 7 | | written request of the Director, issue the bonds authorized | 8 | | pursuant to this Act on behalf of the Department and, for that | 9 | | purpose, may retain such underwriters, financial advisors, and | 10 | | counsel as may be appropriate from the Office's then-existing | 11 | | roster of prequalified vendors. Such
Bonds shall be
issued in | 12 | | 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 his | 16 | | signature shall
nevertheless be valid
and effective for all | 17 | | purposes.
| 18 | | C. No Bonds shall be issued without the Director's written
| 19 | | 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 compared to the | 22 | | cost of
borrowing or
obtaining an advance under Section | 23 | | 1201, et seq., Social Security Act (42
U.S.C.
Section
| 24 | | 1321), as amended, or any similar federal law;
| 25 | | (ii) Result in terms which are advantageous to the | 26 | | State through
refunding,
advance refunding or other |
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| 1 | | similar restructuring of outstanding Bonds; or
| 2 | | (iii) Allow the State to avoid an anticipated | 3 | | deficiency in the State's
account
in the
Unemployment Trust | 4 | | Fund of the United States Treasury by funding a surplus in
| 5 | | the
State's account
in the Unemployment Trust Fund of the | 6 | | United States Treasury ; or .
| 7 | | (iv) Prevent the reduction of the employer credit | 8 | | provided under Section 3302 of the Federal Unemployment Tax | 9 | | Act with respect to employers subject to the Unemployment | 10 | | Insurance Act. | 11 | | D. All such Bonds shall be payable from Fund Building | 12 | | Receipts. Bonds
may also
be paid from (i) to the extent | 13 | | allowable by law, from monies in the State's
account
in the
| 14 | | Unemployment Trust Fund of the United States Treasury; and (ii) | 15 | | to the extent
allowable by law, a
federal advance under Section | 16 | | 1201, et seq., of the Social Security Act (42
U.S.C. Section | 17 | | 1321);
and (iii) proceeds of Bonds and receipts from related | 18 | | credit and exchange
agreements to the extent allowed by this | 19 | | Act and applicable
legal requirements.
| 20 | | E. The maximum principal amount of the Bonds, when combined | 21 | | with the
outstanding principal of all other Bonds issued | 22 | | pursuant to this Act, shall not
at any time exceed
| 23 | | $2,400,000,000 $1,400,000,000 , excluding all of the | 24 | | outstanding principal of any other Bonds
issued pursuant to
| 25 | | this Act
for which payment
has been irrevocably provided by | 26 | | refunding or other manner of defeasance. It is
the intent of |
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| 1 | | this
Act that the outstanding Bond authorization limits | 2 | | provided for in this Section
4E shall be
revolving in nature, | 3 | | such that the amount of Bonds outstanding that are not
refunded | 4 | | or otherwise
defeased shall be included in determining the | 5 | | maximum amount of Bonds
authorized
to be issued
pursuant to the | 6 | | Act.
| 7 | | F. Such Bonds and refunding Bonds issued pursuant to this | 8 | | Act may bear
such date
or dates, may mature at such time or | 9 | | times not exceeding 10 years from their
respective dates of
| 10 | | issuance, and may bear interest at such rate or rates not | 11 | | exceeding the maximum
rate authorized
by the Bond Authorization | 12 | | Act, as amended and in effect at the time of the
issuance of | 13 | | the
Bonds.
| 14 | | G. The Department may enter into a Credit Agreement | 15 | | pertaining to the
issuance of
the Bonds, upon terms which are | 16 | | not inconsistent with this Act and any other
laws, provided | 17 | | that
the term of such Credit Agreement shall not exceed the | 18 | | term of the Bonds, plus
any time period
necessary to cure any | 19 | | defaults under such Credit Agreement.
| 20 | | H. Interest earnings paid to holders of the Bonds shall not | 21 | | be exempt
from income
taxes imposed by the State.
| 22 | | I. While any Bond Obligations are outstanding or | 23 | | anticipated to come
due as a result
of Bonds expected to be | 24 | | issued in either or both of the 2 immediately
succeeding | 25 | | calendar quarters, the
Department shall
collect and deposit | 26 | | Fund Building Receipts into the Master Bond Fund in an
amount |
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| 1 | | necessary to
satisfy the Required Fund Building Receipts Amount | 2 | | prior to expending Fund
Building Receipts
for any other | 3 | | purpose. The Required Fund Building Receipts Amount shall be | 4 | | that
amount
necessary to ensure the marketability of the Bonds, | 5 | | which shall be specified in
the Bond Sale
Order executed by the | 6 | | Director in connection with the issuance of the Bonds.
| 7 | | J. Holders of the Bonds shall have a first and priority | 8 | | claim on all
Fund Building
Receipts in the Master Bond Fund in | 9 | | parity with all other holders of the Bonds,
provided that
such | 10 | | claim may be subordinated to the provider of any Credit | 11 | | Agreement for any
of the Bonds.
| 12 | | K. To the extent that Fund Building Receipts in
the Master
| 13 | | Bond Fund are not otherwise needed to satisfy the requirements | 14 | | of this Act and
the instruments
authorizing the issuance of the | 15 | | Bonds, such monies shall be used by the
Department, in such
| 16 | | amounts as determined by the Director to do any one or a | 17 | | combination of the following:
| 18 | | 1. To purchase, refinance, redeem, refund, advance | 19 | | refund or defease (or
any
combination of the foregoing) | 20 | | outstanding Bonds, to the extent such action is
legally
| 21 | | available and does not impair the tax exempt status of any | 22 | | of the Bonds which
are, in fact,
exempt from Federal income | 23 | | taxation; or
| 24 | | 2. As a deposit in the State's account in the | 25 | | Unemployment Trust Fund
of the
United States Treasury; or | 26 | | 3. As a deposit into the Special Programs Fund provided |
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| 1 | | for under Section 2107 of the Unemployment Insurance Act.
| 2 | | L. The Director shall determine the method of sale, type of | 3 | | bond, bond
form,
redemption provisions and other terms of the | 4 | | Bonds that, in the Director's
judgment, best achieve
the | 5 | | purposes of this Act and effect the borrowing at the lowest | 6 | | practicable
cost, provided that
those determinations are not | 7 | | inconsistent with this Act or other applicable
legal | 8 | | requirements.
Those determinations shall be set forth in a | 9 | | document entitled "Bond Sale
Order"
acceptable, in
form and | 10 | | substance, to the attorney or attorneys acting as bond counsel | 11 | | for the
Bonds in
connection with the rendering of opinions | 12 | | necessary for the issuance of the
Bonds and executed
by the | 13 | | Director.
| 14 | | (Source: P.A. 96-30, eff. 6-30-09.) | 15 | | (30 ILCS 440/7)
| 16 | | Sec. 7. State Not to Impair Bond Obligations. While Bonds | 17 | | under this
Act are
outstanding, the State irrevocably pledges | 18 | | and covenants that it shall not:
| 19 | | A. Take action to limit or restrict the rights of the | 20 | | Department to
fulfill its
responsibilities to pay Bond | 21 | | Obligations, Bond Administrative Expenses or
otherwise
comply | 22 | | with instruments entered by the Department pertaining to the | 23 | | issuance of
the
Bonds;
| 24 | | B. In any way impair the rights and remedies of the holders | 25 | | of the
Bonds
until the Bonds are fully discharged; or
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| 1 | | C. Reduce:
| 2 | | 1. The Fund Building Rates below the levels in | 3 | | existence effective January
1, 2012 2004 ;
| 4 | | 2. The maximum amount includable as wages pursuant to | 5 | | Section
235 of the Unemployment Insurance Act below the | 6 | | levels in existence effective
January 1, 2012 2004 ; and
| 7 | | 3. The Solvency Adjustments imposed pursuant to | 8 | | Section 1400.1 of
the Unemployment Insurance Act below the | 9 | | levels in existence effective January
1, 2012 2004 .
| 10 | | (Source: P.A. 93-634, eff. 1-1-04.) | 11 | | Section 15. The Unemployment Insurance Act is amended by | 12 | | changing Sections 235, 401, 403, 702, 804, 900, 1505, 1506.1, | 13 | | and 1506.3, 1510, 1705, 1801.1, 1900, 2100, 2203, and 2206.1 | 14 | | and by adding Sections 611.1, 1506.6, and 2405 as follows: | 15 | | (820 ILCS 405/235) (from Ch. 48, par. 345) | 16 | | Sec. 235. The term "wages" does not include:
| 17 | | A. With respect to calendar years prior to calendar year | 18 | | 2004, the maximum amount includable as "wages" shall be | 19 | | determined pursuant to this Section as in effect on January 1, | 20 | | 2006.
| 21 | | With respect to the calendar year 2004,
the term "wages" | 22 | | shall include only the remuneration paid to an
individual by an | 23 | | employer during that period with respect to employment
which | 24 | | does not exceed $9,800.
With respect to the calendar years 2005 |
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| 1 | | through 2009, the term "wages" shall
include only the | 2 | | remuneration paid to an individual by an employer during that
| 3 | | period with respect to employment which does not exceed the | 4 | | following amounts:
$10,500 with respect to the calendar year | 5 | | 2005; $11,000 with respect to the
calendar year 2006; $11,500 | 6 | | with respect to the calendar year 2007; $12,000
with respect to | 7 | | the calendar year 2008; and $12,300 with respect to the
| 8 | | calendar
year 2009.
| 9 | | With Except as otherwise provided in subsection A-1, with | 10 | | respect to the calendar years 2010, 2011, 2020 2013 , and each | 11 | | calendar year thereafter, the
term "wages" shall include only | 12 | | the remuneration paid to an individual by an
employer during | 13 | | that period with respect to employment which does not exceed
| 14 | | the sum of the wage base adjustment applicable to that year | 15 | | pursuant to Section
1400.1, plus the maximum amount includable | 16 | | as "wages" pursuant to this
subsection with respect to the | 17 | | immediately preceding calendar year ; for purposes of this | 18 | | sentence, the maximum amount includable as "wages" with respect | 19 | | to calendar year 2013 shall be calculated as though the maximum | 20 | | amount includable as "wages" with respect to calendar year 2012 | 21 | | had been calculated pursuant to this sentence . With respect to | 22 | | calendar year 2012, to offset the loss of revenue to the | 23 | | State's account in the unemployment trust fund with respect to | 24 | | the first quarter of calendar year 2011 as a result of Section | 25 | | 1506.5 and the changes made by this amendatory Act of the 97th | 26 | | General Assembly to Section 1506.3, the term "wages" shall |
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| 1 | | include only the remuneration paid to an individual by an | 2 | | employer during that period with respect to employment which | 3 | | does not exceed $13,560.
With respect to calendar year 2013, | 4 | | the term "wages" shall include only the remuneration paid to an | 5 | | individual by an employer during that period with respect to | 6 | | employment which does not exceed $12,900. With respect to the | 7 | | calendar years 2014 through 2019, the term "wages" shall | 8 | | include only the remuneration paid to an individual by an | 9 | | employer during that period with respect to employment which | 10 | | does not exceed $12,960. Notwithstanding any provision to the | 11 | | contrary, the maximum amount includable as
"wages" pursuant to | 12 | | this Section shall not be less than $12,300 or greater than
| 13 | | $12,960 with respect to any calendar year after calendar year | 14 | | 2009 except calendar year 2012 and except as otherwise provided | 15 | | in subsection A-1 .
| 16 | | The remuneration paid to an
individual by an employer with | 17 | | respect to employment in another State or
States, upon which | 18 | | 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 herein
referred | 21 | | to. For the purposes of this
subsection, any employing unit | 22 | | which succeeds to the organization,
trade, or business, or to | 23 | | substantially all of the assets of another
employing unit, or | 24 | | to the organization, trade, or business, or to
substantially | 25 | | all of the assets of a distinct severable portion of
another | 26 | | employing unit, shall be treated as a single unit with its
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| 1 | | predecessor for the calendar year in which such succession | 2 | | occurs;
any employing unit which is owned or controlled by the | 3 | | same interests
which own or control another employing unit | 4 | | shall be treated as a single
unit with the unit so owned or | 5 | | controlled by such interests for any
calendar year throughout | 6 | | which such ownership or control exists; and, with respect to | 7 | | any trade or business transfer subject to subsection A of | 8 | | Section 1507.1, a transferee, as defined in subsection G of | 9 | | Section 1507.1, shall be treated as a single unit with the | 10 | | transferor, as defined in subsection G of Section 1507.1, for | 11 | | the calendar year in which the transfer occurs. This
subsection | 12 | | applies only to Sections 1400, 1405A, and 1500.
| 13 | | A-1. (Blank). If, by March 1, 2013, the payments | 14 | | attributable to the changes to subsection A by this or any | 15 | | subsequent amendatory Act of the 97th General Assembly do not | 16 | | equal or exceed the loss to this State's account in the | 17 | | unemployment trust fund as a result of Section 1506.5 and the | 18 | | changes made to Section 1506.3 by this or any subsequent | 19 | | amendatory Act of the 97th General Assembly, including | 20 | | unrealized interest, then, with respect to calendar year 2013, | 21 | | the term "wages" shall include only the remuneration paid to an | 22 | | individual by an employer during that period with respect to | 23 | | employment which does not exceed $13,560. For purposes of | 24 | | subsection A, if the maximum amount includable as "wages" with | 25 | | respect to calendar year 2013 is $13,560, the maximum amount | 26 | | includable as "wages" with respect to calendar year 2014 shall |
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| 1 | | be calculated as though the maximum amount includable as | 2 | | "wages" with respect to calendar year 2013 had been calculated | 3 | | pursuant to subsection A, without regard to this Section. | 4 | | B. The amount of any payment (including any amount paid by | 5 | | an
employer for insurance or annuities, or into a fund, to | 6 | | provide for any
such payment), made to, or on behalf of, an | 7 | | individual or any of his
dependents under a plan or system | 8 | | established by an employer which makes
provision generally for | 9 | | individuals performing services for him (or for
such | 10 | | individuals generally and their dependents) or for a class or
| 11 | | classes of such individuals (or for a class or classes of such
| 12 | | individuals and their dependents), on account of (1)
sickness | 13 | | or accident disability (except those sickness or accident
| 14 | | disability payments which would be includable as "wages" in | 15 | | Section
3306(b)(2)(A) of the Federal Internal Revenue Code of | 16 | | 1954, in effect on
January 1, 1985, such includable payments to | 17 | | be attributable in such manner
as provided by Section 3306(b) | 18 | | of the Federal Internal Revenue Code of
1954, in effect on | 19 | | January 1, 1985), or (2) medical or hospitalization
expenses in | 20 | | connection with sickness or accident disability, or (3) death.
| 21 | | C. Any payment made to, or on behalf of, an employee or his
| 22 | | beneficiary which would be excluded from "wages" by | 23 | | subparagraph (A), (B),
(C), (D), (E), (F) or (G), of Section | 24 | | 3306(b)(5) of the Federal Internal
Revenue Code of 1954, in | 25 | | effect on January 1, 1985.
| 26 | | D. The amount of any payment on account of sickness or |
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| 1 | | accident
disability, or medical or hospitalization expenses in | 2 | | connection with
sickness or accident disability, made by an | 3 | | employer to, or on behalf
of, an individual performing services | 4 | | for him after the expiration of
six calendar months following | 5 | | the last calendar month in which the
individual performed | 6 | | services for such employer.
| 7 | | E. Remuneration paid in any medium other than cash by an | 8 | | employing unit
to an individual for service in agricultural | 9 | | labor as defined in Section 214.
| 10 | | F. The amount of any supplemental payment made by an | 11 | | employer to an
individual performing services for him, other | 12 | | than remuneration for services
performed, under a shared work | 13 | | plan approved by the Director pursuant to
Section 407.1.
| 14 | | (Source: P.A. 97-1, eff. 3-31-11.)
| 15 | | (820 ILCS 405/401) (from Ch. 48, par. 401) | 16 | | Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
| 17 | | A. With respect to any week beginning prior to April 24, | 18 | | 1983, an
individual's weekly benefit amount shall be an amount | 19 | | equal to the weekly
benefit amount as defined in this Act as in | 20 | | effect on November 30, 1982.
| 21 | | B. 1. With respect to any week beginning on or after April | 22 | | 24, 1983 and
before January 3, 1988, an individual's weekly | 23 | | benefit amount shall be 48%
of his prior average weekly wage, | 24 | | rounded (if not already a multiple of
one dollar) to the next | 25 | | higher dollar; provided, however, that the weekly
benefit |
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| 1 | | amount cannot exceed the maximum weekly benefit amount, and | 2 | | cannot
be less than 15% of the statewide average weekly wage, | 3 | | rounded (if not already
a multiple of one dollar) to the next | 4 | | higher dollar. However, the weekly
benefit amount for an | 5 | | individual who has established a benefit year
beginning before | 6 | | April 24, 1983, shall be determined, for weeks beginning
on or | 7 | | after April 24, 1983 claimed with respect to that benefit year, | 8 | | as
provided under this Act as in effect on November 30, 1982.
| 9 | | With respect to any week beginning on or after January 3, 1988 | 10 | | and before
January 1, 1993,
an individual's weekly benefit | 11 | | amount shall be 49% of
his prior average weekly wage, rounded | 12 | | (if not already a multiple of one
dollar) to the next higher | 13 | | dollar; provided, however, that the weekly
benefit amount | 14 | | cannot exceed the maximum weekly benefit amount, and cannot
be | 15 | | less than $51.
With respect to any week beginning on or after | 16 | | January
3, 1993 and during a benefit year beginning before | 17 | | January 4, 2004, an
individual's weekly benefit amount shall be | 18 | | 49.5% of his prior
average weekly wage, rounded (if not already | 19 | | a multiple of one dollar) to
the next higher dollar; provided, | 20 | | however, that the weekly benefit amount
cannot exceed the | 21 | | maximum weekly benefit amount and cannot be less than $51.
With | 22 | | respect to any benefit year beginning on or after January 4, | 23 | | 2004 and
before January 6, 2008, an individual's weekly benefit | 24 | | amount shall be 48% of
his or her prior average weekly wage, | 25 | | rounded (if not already a multiple of one
dollar) to the next | 26 | | higher dollar; provided, however, that the weekly benefit
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| 1 | | amount cannot exceed the maximum weekly benefit amount and | 2 | | cannot be less than
$51. Except as otherwise provided in this | 3 | | Section, with With respect to any benefit year beginning on or | 4 | | after January 6, 2008, an
individual's weekly benefit amount | 5 | | shall be 47% of his or her prior average
weekly wage, rounded | 6 | | (if not already a multiple of one dollar) to the next
higher | 7 | | dollar; provided, however, that the weekly benefit amount | 8 | | cannot exceed
the maximum weekly benefit amount and cannot be | 9 | | less than $51.
With respect to any benefit year beginning in | 10 | | calendar year 2016, an individual's weekly benefit amount shall | 11 | | be 42.8% of his or her prior average weekly wage, rounded (if | 12 | | not already a multiple of one dollar) to the next higher | 13 | | dollar; provided, however, that the weekly benefit amount | 14 | | cannot exceed the maximum weekly benefit amount and cannot be | 15 | | less than $51. With respect to any benefit year beginning in | 16 | | calendar year 2018, an individual's weekly benefit amount shall | 17 | | be 42.9% of his or her prior average weekly wage, rounded (if | 18 | | not already a multiple of one dollar) to the next higher | 19 | | dollar; provided, however, that the weekly benefit amount | 20 | | cannot exceed the maximum weekly benefit amount and cannot be | 21 | | less than $51.
| 22 | | 2. For the purposes of this subsection:
| 23 | | With respect to any week beginning on or after April 24, | 24 | | 1983, an
individual's "prior average weekly wage" means the | 25 | | total wages for insured
work paid to that individual during the | 26 | | 2 calendar quarters of his base
period in which such total |
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| 1 | | wages were highest, divided by 26. If
the quotient is not | 2 | | already a multiple of one dollar, it shall be
rounded to the | 3 | | nearest dollar; however if the quotient is equally near
2 | 4 | | multiples of one dollar, it shall be rounded to the higher | 5 | | multiple of
one dollar.
| 6 | | "Determination date" means June 1, 1982, December 1, 1982 | 7 | | and December
1 of each succeeding calendar year thereafter. | 8 | | However, if as of June 30,
1982, or any June 30 thereafter, the | 9 | | net amount standing to the credit of
this State's account in | 10 | | the unemployment trust fund (less all outstanding
advances to | 11 | | that account, including advances pursuant to Title XII of the
| 12 | | federal Social Security Act) is greater than $100,000,000,
| 13 | | "determination date" shall mean December 1 of that year and | 14 | | June 1 of the
succeeding year. Notwithstanding the preceding | 15 | | sentence, for the purposes
of this Act only, there shall be no | 16 | | June 1 determination date in any
year after 1986.
| 17 | | "Determination period" means, with respect to each June 1 | 18 | | determination
date, the 12 consecutive calendar months ending | 19 | | on the immediately preceding
December 31 and, with respect to | 20 | | each December 1 determination date, the
12 consecutive calendar | 21 | | months ending on the immediately preceding June 30.
| 22 | | "Benefit period" means the 12 consecutive calendar month | 23 | | period
beginning on the first day of the first calendar month | 24 | | immediately following
a determination date, except that, with | 25 | | respect to any calendar year
in which there is a June 1 | 26 | | determination date, "benefit period" shall mean
the 6 |
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| 1 | | consecutive calendar month period beginning on the first day of | 2 | | the first
calendar month immediately following the preceding | 3 | | December 1 determination
date and the 6 consecutive calendar | 4 | | month period beginning on the first
day of the first calendar | 5 | | month immediately following the June 1 determination
date. | 6 | | Notwithstanding the foregoing sentence, the 6 calendar months | 7 | | beginning
January 1, 1982 and ending June 30, 1982 shall be | 8 | | deemed a benefit period
with respect to which the determination | 9 | | date shall be June 1, 1981.
| 10 | | "Gross wages" means all the wages paid to individuals | 11 | | during the
determination period immediately preceding a | 12 | | determination date for
insured work, and reported to the | 13 | | Director by employers prior to the
first day of the third | 14 | | calendar month preceding that date.
| 15 | | "Covered employment" for any calendar month means the total | 16 | | number of
individuals, as determined by the Director, engaged | 17 | | in insured work at
mid-month.
| 18 | | "Average monthly covered employment" means one-twelfth of | 19 | | the sum of
the covered employment for the 12 months of a | 20 | | determination period.
| 21 | | "Statewide average annual wage" means the quotient, | 22 | | obtained by
dividing gross wages by average monthly covered | 23 | | employment for the same
determination period, rounded (if not | 24 | | already a multiple of one cent) to
the nearest cent.
| 25 | | "Statewide average weekly wage" means the quotient, | 26 | | obtained by
dividing the statewide average annual wage by 52, |
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| 1 | | rounded (if not
already a multiple of one cent) to the nearest | 2 | | cent. Notwithstanding any
provisions of this Section to the | 3 | | contrary, the statewide average weekly
wage for the benefit | 4 | | period beginning July 1, 1982 and ending December 31,
1982 | 5 | | shall be the statewide average weekly wage in effect for the | 6 | | immediately
preceding benefit period plus one-half of the | 7 | | result obtained by
subtracting the statewide average weekly | 8 | | wage for the immediately preceding
benefit period from the | 9 | | statewide average weekly wage for the benefit
period beginning | 10 | | July 1, 1982 and ending December 31, 1982 as such statewide
| 11 | | average weekly wage would have been determined but for the | 12 | | provisions of
this paragraph. Notwithstanding any provisions | 13 | | of this Section to the
contrary, the statewide average weekly | 14 | | wage for the benefit period beginning
April 24, 1983 and ending | 15 | | January 31, 1984 shall be $321 and for the benefit
period | 16 | | beginning February 1, 1984 and ending December 31, 1986 shall | 17 | | be
$335, and for the benefit period beginning January 1, 1987, | 18 | | and ending
December 31, 1987, shall be $350, except that for an | 19 | | individual who has
established a benefit year beginning before | 20 | | April 24, 1983, the statewide
average weekly wage used in | 21 | | determining benefits, for any week beginning on
or after April | 22 | | 24, 1983, claimed with respect to that benefit year, shall
be | 23 | | $334.80, except that, for the purpose of determining the | 24 | | minimum weekly
benefit amount under subsection B(1) for the | 25 | | benefit period beginning
January 1, 1987, and ending December | 26 | | 31, 1987, the statewide average
weekly wage shall be $335; for |
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| 1 | | the benefit
periods January 1, 1988 through December 31, 1988, | 2 | | January
1, 1989 through December 31, 1989, and January 1, 1990
| 3 | | through December 31, 1990, the statewide average weekly
wage | 4 | | shall be $359, $381, and $406, respectively.
Notwithstanding | 5 | | the preceding sentences of this paragraph,
for the benefit | 6 | | period of calendar year 1991, the statewide
average weekly wage | 7 | | shall be $406 plus (or minus) an
amount equal to the percentage | 8 | | change in the statewide
average weekly wage, as computed in | 9 | | accordance with
the preceding sentences of this paragraph, | 10 | | between the
benefit periods of calendar years 1989 and 1990, | 11 | | multiplied
by $406; and, for the benefit periods of calendar | 12 | | years 1992 through
2003 and calendar year 2005 and each | 13 | | calendar year
thereafter, the
statewide average weekly wage, | 14 | | shall be the statewide
average weekly wage, as determined in | 15 | | accordance with
this sentence, for the immediately preceding | 16 | | benefit
period plus (or minus) an amount equal to the | 17 | | percentage
change in the statewide average weekly wage, as | 18 | | computed
in accordance with the preceding sentences of this | 19 | | paragraph,
between the 2 immediately preceding benefit | 20 | | periods,
multiplied by the statewide average weekly wage, as
| 21 | | determined in accordance with this sentence, for the
| 22 | | immediately preceding benefit period.
However, for purposes of | 23 | | the
Workers'
Compensation Act, the statewide average weekly | 24 | | wage will be computed
using June 1 and December 1 determination | 25 | | dates of each calendar year and
such determination shall not be | 26 | | subject to the limitation of $321,
$335, $350, $359, $381, $406 |
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| 1 | | or the statewide average weekly wage as
computed in accordance | 2 | | with the preceding sentence of this
paragraph.
| 3 | | With respect to any week beginning on or after April 24, | 4 | | 1983 and before
January 3, 1988,
"maximum weekly benefit | 5 | | amount" means 48% of the statewide
average weekly wage, rounded | 6 | | (if not already a multiple of one dollar) to
the nearest | 7 | | dollar, provided however, that the maximum weekly
benefit | 8 | | amount for an individual who has established a benefit year | 9 | | beginning
before April 24, 1983, shall be determined, for weeks | 10 | | beginning on or
after April 24, 1983 claimed with respect to | 11 | | that benefit year,
as provided under this Act as amended and in | 12 | | effect on November 30,
1982, except that the statewide average | 13 | | weekly wage used in such determination
shall be $334.80.
| 14 | | With respect to any week beginning after January 2, 1988 | 15 | | and before
January 1, 1993, "maximum weekly benefit amount" | 16 | | with respect to each week
beginning within a benefit period | 17 | | means 49% of the statewide average weekly
wage, rounded (if not | 18 | | already a multiple of one dollar) to the next higher
dollar.
| 19 | | With respect to any week beginning on or after January 3, | 20 | | 1993 and during a
benefit year beginning before January 4, | 21 | | 2004,
"maximum weekly benefit amount" with respect to each week | 22 | | beginning within
a benefit period means 49.5% of the statewide | 23 | | average weekly wage, rounded
(if not already a multiple of one | 24 | | dollar) to the next higher dollar.
| 25 | | With respect to any benefit year beginning on or after | 26 | | January 4, 2004 and
before January 6, 2008, "maximum weekly |
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| 1 | | benefit amount" with respect to each
week beginning within a | 2 | | benefit period means 48% of the statewide average
weekly wage, | 3 | | rounded (if not already a multiple of one dollar) to the next
| 4 | | higher dollar.
| 5 | | Except as otherwise provided in this Section, with With | 6 | | respect to any benefit year beginning on or after January 6, | 7 | | 2008,
"maximum weekly benefit amount" with respect to each week | 8 | | beginning within a
benefit period means 47% of the statewide | 9 | | average weekly wage, rounded (if not
already a multiple of one | 10 | | dollar) to the next higher dollar.
| 11 | | With respect to any benefit year beginning in calendar year | 12 | | 2016, "maximum weekly benefit amount" with respect to each week | 13 | | beginning within a benefit period means 42.8% of the statewide | 14 | | average weekly wage, rounded (if not already a multiple of one | 15 | | dollar) to the next higher dollar. | 16 | | With respect to any benefit year beginning in calendar year | 17 | | 2018, "maximum weekly benefit amount" with respect to each week | 18 | | beginning within a benefit period means 42.9% of the statewide | 19 | | average weekly wage, rounded (if not already a multiple of one | 20 | | dollar) to the next higher dollar. | 21 | | C. With respect to any week beginning on or after April 24, | 22 | | 1983 and before
January 3, 1988,
an individual to whom benefits | 23 | | are payable with respect
to any week shall, in addition to such | 24 | | benefits, be paid, with respect to such
week, as follows: in | 25 | | the case of an individual with a nonworking spouse,
7% of his | 26 | | prior average weekly wage, rounded (if not already a multiple
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| 1 | | of one dollar) to the higher dollar; provided, that the total | 2 | | amount payable
to the individual with respect to a week shall | 3 | | not exceed 55% of the statewide
average weekly wage, rounded | 4 | | (if not already a multiple of one dollar) to
the nearest | 5 | | dollar; and in the case of an individual with a dependent child
| 6 | | or dependent children, 14.4% of his prior average weekly wage, | 7 | | rounded (if
not already a multiple of one dollar) to the higher | 8 | | dollar; provided, that
the total amount payable to the | 9 | | individual with respect to a week shall
not exceed 62.4% of the | 10 | | statewide average weekly wage, rounded (if not already
a | 11 | | multiple of one dollar) to the next higher dollar with respect | 12 | | to the
benefit period beginning January 1, 1987 and ending | 13 | | December 31, 1987, and
otherwise to the nearest dollar. | 14 | | However, for an individual with a
nonworking spouse or with a | 15 | | dependent child or children who has established
a benefit year | 16 | | beginning before April 24, 1983, the amount of additional
| 17 | | benefits payable on account of the nonworking spouse or | 18 | | dependent child
or children shall be determined, for weeks | 19 | | beginning on or after April
24, 1983 claimed with respect to | 20 | | that benefit year, as provided under
this Act as in effect on | 21 | | November 30, 1982, except that the
statewide average weekly | 22 | | wage used in such determination shall be $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
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| 1 | | week shall, in addition to those benefits, be paid, with | 2 | | respect to such
week, as follows: in the case of an individual | 3 | | with a nonworking spouse,
8% of his prior average weekly wage, | 4 | | rounded (if not already a multiple
of one dollar) to the next | 5 | | higher dollar, provided, that the total
amount payable to the | 6 | | individual with respect to a week shall not
exceed 57% of the | 7 | | statewide average weekly wage, rounded (if not already
a | 8 | | multiple of one dollar) to the next higher dollar; and in the | 9 | | case of
an individual with a dependent child or dependent | 10 | | children, 15% of
his prior average weekly wage, rounded (if not | 11 | | already a multiple of one
dollar) to the next higher dollar, | 12 | | provided that the total amount
payable to the individual with | 13 | | respect to a week shall not exceed 64%
of the statewide average | 14 | | weekly wage, rounded (if not already a
multiple of one dollar) | 15 | | to the next higher dollar.
| 16 | | With respect to any week beginning on or after January 1, | 17 | | 1991 and before
January 1, 1992, an individual to whom benefits | 18 | | are payable with respect to
any week shall, in addition to the | 19 | | benefits, be paid, with respect to such
week, as follows: in | 20 | | the case of an individual with a nonworking spouse,
8.3% of his | 21 | | prior average weekly wage, rounded (if not already a multiple
| 22 | | of one dollar) to the next higher dollar, provided, that the | 23 | | total amount
payable to the individual with respect to a week | 24 | | shall not exceed 57.3%
of the statewide average weekly wage, | 25 | | rounded (if not already a multiple of
one dollar) to the next | 26 | | higher dollar; and in the case of an individual
with a |
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| 1 | | dependent child or dependent children, 15.3% of his prior | 2 | | average
weekly wage, rounded (if not already a multiple of one | 3 | | dollar) to the next
higher dollar, provided that the total | 4 | | amount payable to the individual
with respect to a week shall | 5 | | not exceed 64.3% of the statewide average
weekly wage, rounded | 6 | | (if not already a multiple of one dollar) to the next
higher | 7 | | dollar.
| 8 | | With respect to any week beginning on or after January 3, | 9 | | 1993,
during a benefit year beginning before January 4, 2004,
| 10 | | an individual to whom benefits are payable with respect to any
| 11 | | week shall, in addition to those benefits, be paid, with | 12 | | respect to such
week, as follows: in the case of an individual | 13 | | with a nonworking spouse,
9% of his prior average weekly wage, | 14 | | rounded (if not already a multiple
of one dollar) to the next | 15 | | higher dollar, provided, that the total
amount payable to the | 16 | | individual with respect to a week shall not
exceed 58.5% of the | 17 | | statewide average weekly wage, rounded (if not already
a | 18 | | multiple of one dollar) to the next higher dollar; and in the | 19 | | case of
an individual with a dependent child or dependent | 20 | | children, 16% of
his prior average weekly wage, rounded (if not | 21 | | already a multiple of one
dollar) to the next higher dollar, | 22 | | provided that the total amount
payable to the individual with | 23 | | respect to a week shall not exceed 65.5%
of the statewide | 24 | | average weekly wage, rounded (if not already a
multiple of one | 25 | | dollar) to the next higher dollar.
| 26 | | With respect to any benefit year beginning on or after |
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| 1 | | January 4, 2004 and
before January 6, 2008, an individual to | 2 | | whom benefits are payable with respect
to any week shall, in | 3 | | addition to those benefits, be paid, with respect to such
week, | 4 | | as follows: in the case of an individual with a nonworking | 5 | | spouse, 9% of
his or her prior average weekly wage, rounded (if | 6 | | not already a multiple of one
dollar) to the next higher | 7 | | dollar, provided, that the total amount payable to
the | 8 | | individual with respect to a week shall not exceed 57% of the | 9 | | statewide
average weekly wage, rounded (if not already a | 10 | | multiple of one dollar) to the
next higher dollar; and in the | 11 | | case of an individual with a dependent child or
dependent | 12 | | children, 17.2% of his or her prior average weekly wage, | 13 | | rounded (if
not already a multiple of one dollar) to the next | 14 | | higher dollar, provided that
the total amount payable to the | 15 | | individual with respect to a week shall not
exceed 65.2% of the | 16 | | statewide average weekly wage, rounded (if not already a
| 17 | | multiple of one dollar) to the next higher dollar.
| 18 | | With respect to any benefit year beginning on or after | 19 | | January 6, 2008 and before January 1, 2010, an
individual to | 20 | | whom benefits are payable with respect to any week shall, in
| 21 | | addition to those benefits, be paid, with respect to such week, | 22 | | as follows: in
the case of an individual with a nonworking | 23 | | spouse, 9% of his or her prior
average weekly wage, rounded (if | 24 | | not already a multiple of one dollar) to the
next higher | 25 | | dollar, provided, that the total amount payable
to the | 26 | | individual with respect to a week shall not exceed 56% of the |
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| 1 | | statewide
average weekly wage, rounded (if not already a | 2 | | multiple of one dollar) to the
next higher dollar; and in the | 3 | | case of an individual with a dependent child or
dependent | 4 | | children, 18.2% of his or her prior average weekly wage, | 5 | | rounded (if
not already a multiple of one dollar) to the next | 6 | | higher dollar, provided that
the total amount payable to the | 7 | | individual with respect to a week
shall not exceed 65.2% of the | 8 | | statewide average weekly wage, rounded (if not
already a | 9 | | multiple of one dollar) to the next higher dollar. | 10 | | The additional
amount paid pursuant to this subsection in | 11 | | the case of an individual with a
dependent child or dependent | 12 | | children shall be referred to as the "dependent
child | 13 | | allowance", and the percentage rate by which an individual's | 14 | | prior average weekly wage is multiplied pursuant to this | 15 | | subsection to calculate the dependent child allowance shall be | 16 | | referred to as the "dependent child allowance rate". | 17 | | Except as otherwise provided in this Section, with With | 18 | | respect to any benefit year beginning on or after January 1, | 19 | | 2010, an individual to whom benefits are payable with respect | 20 | | to any week shall, in addition to those benefits, be paid, with | 21 | | respect to such week, as follows: in the case of an individual | 22 | | with a nonworking spouse, the greater of (i) 9% of his or her | 23 | | prior average weekly wage, rounded (if not already a multiple | 24 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 25 | | that the total amount payable to the individual with respect to | 26 | | a week shall not exceed 56% of the statewide average weekly |
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| 1 | | wage, rounded (if not already a multiple of one dollar) to the | 2 | | next higher dollar; and in the case of an individual with a | 3 | | dependent child or dependent children, the greater of (i) the | 4 | | product of the dependent child allowance rate multiplied by his | 5 | | or her prior average weekly wage, rounded (if not already a | 6 | | multiple of one dollar) to the next higher dollar, or (ii) the | 7 | | lesser of $50 or 50% of his or her weekly benefit amount, | 8 | | rounded (if not already a multiple of one dollar) to the next | 9 | | higher dollar, provided that the total amount payable to the | 10 | | individual with respect to a week shall not exceed the product | 11 | | of the statewide average weekly wage multiplied by the sum of | 12 | | 47% plus the dependent child allowance rate, rounded (if not | 13 | | already a multiple of one dollar) to the next higher dollar. | 14 | | With respect to any benefit year beginning in calendar year | 15 | | 2016, an individual to whom benefits are payable with respect | 16 | | to any week shall, in addition to those benefits, be paid, with | 17 | | respect to such week, as follows: in the case of an individual | 18 | | with a nonworking spouse, the greater of (i) 9% of his or her | 19 | | prior average weekly wage, rounded (if not already a multiple | 20 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 21 | | that the total amount payable to the individual with respect to | 22 | | a week shall not exceed 51.8% of the statewide average weekly | 23 | | wage, rounded (if not already a multiple of one dollar) to the | 24 | | next higher dollar; and in the case of an individual with a | 25 | | dependent child or dependent children, the greater of (i) the | 26 | | product of the dependent child allowance rate multiplied by his |
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| 1 | | or her prior average weekly wage, rounded (if not already a | 2 | | multiple of one dollar) to the next higher dollar, or (ii) the | 3 | | lesser of $50 or 50% of his or her weekly benefit amount, | 4 | | rounded (if not already a multiple of one dollar) to the next | 5 | | higher dollar, provided that the total amount payable to the | 6 | | individual with respect to a week shall not exceed the product | 7 | | of the statewide average weekly wage multiplied by the sum of | 8 | | 42.8% plus the dependent child allowance rate, rounded (if not | 9 | | already a multiple of one dollar) to the next higher dollar. | 10 | | With respect to any benefit year beginning in calendar year | 11 | | 2018, an individual to whom benefits are payable with respect | 12 | | to any week shall, in addition to those benefits, be paid, with | 13 | | respect to such week, as follows: in the case of an individual | 14 | | with a nonworking spouse, the greater of (i) 9% of his or her | 15 | | prior average weekly wage, rounded (if not already a multiple | 16 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 17 | | that the total amount payable to the individual with respect to | 18 | | a week shall not exceed 51.9% of the statewide average weekly | 19 | | wage, rounded (if not already a multiple of one dollar) to the | 20 | | next higher dollar; and in the case of an individual with a | 21 | | dependent child or dependent children, the greater of (i) the | 22 | | product of the dependent child allowance rate multiplied by his | 23 | | or her prior average weekly wage, rounded (if not already a | 24 | | multiple of one dollar) to the next higher dollar, or (ii) the | 25 | | lesser of $50 or 50% of his or her weekly benefit amount, | 26 | | rounded (if not already a multiple of one dollar) to the next |
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| 1 | | higher dollar, provided that the total amount payable to the | 2 | | individual with respect to a week shall not exceed the product | 3 | | of the statewide average weekly wage multiplied by the sum of | 4 | | 42.9% plus the dependent child allowance rate, rounded (if not | 5 | | already a multiple of one dollar) to the next higher dollar. | 6 | | With respect to each benefit year beginning after calendar | 7 | | year 2009, the
dependent child allowance rate shall be the sum | 8 | | of the allowance adjustment
applicable pursuant to Section | 9 | | 1400.1 to the calendar year in which the benefit
year begins, | 10 | | plus the dependent child
allowance rate with respect to each | 11 | | benefit year beginning in the immediately
preceding calendar | 12 | | year, except as otherwise provided in this subsection. The | 13 | | dependent
child allowance rate with respect to each benefit | 14 | | year beginning in calendar year 2010 shall not be greater than | 15 | | 18.2%.
The dependent child allowance rate with respect to each | 16 | | benefit year beginning in calendar year 2011 shall be reduced | 17 | | by 0.2% absolute below the rate it would otherwise have been | 18 | | pursuant to this subsection and, with respect to each benefit | 19 | | year beginning after calendar year 2010, except as otherwise | 20 | | provided, shall not be less than 17.1% or greater than 18.0%. | 21 | | Unless, as a result of this sentence, the agreement between the | 22 | | Federal Government and State regarding the Federal Additional | 23 | | Compensation program established under Section 2002 of the | 24 | | American Recovery and Reinvestment Act, or a successor program, | 25 | | would not apply or would cease to apply, the dependent child | 26 | | allowance rate with respect to each benefit year beginning in |
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| 1 | | calendar year 2012 shall be reduced by 0.1% absolute below the | 2 | | rate it would otherwise have been pursuant to this subsection | 3 | | and, with respect to each benefit year beginning after calendar | 4 | | year 2011, shall not be less than 17.0% or greater than 17.9%.
| 5 | | For the purposes of this subsection:
| 6 | | "Dependent" means a child or a nonworking spouse.
| 7 | | "Child" means a natural child, stepchild, or adopted child | 8 | | of an
individual claiming benefits under this Act or a child | 9 | | who is in the
custody of any such individual by court order, | 10 | | for whom the individual is
supplying and, for at least 90 | 11 | | consecutive days (or for the duration of
the parental | 12 | | relationship if it has existed for less than 90 days)
| 13 | | immediately preceding any week with respect to which the | 14 | | individual has
filed a claim, has supplied more than one-half | 15 | | the cost of support, or
has supplied at least 1/4 of the cost | 16 | | of support if the individual and
the other parent, together, | 17 | | are supplying and, during the aforesaid
period, have supplied | 18 | | more than one-half the cost of support, and are,
and were | 19 | | during the aforesaid period, members of the same household; and
| 20 | | who, on the first day of such week (a) is under 18 years of age, | 21 | | or (b)
is, and has been during the immediately preceding 90 | 22 | | days, unable to
work because of illness or other disability: | 23 | | provided, that no person
who has been determined to be a child | 24 | | of an individual who has been
allowed benefits with respect to | 25 | | a week in the individual's benefit
year shall be deemed to be a | 26 | | child of the other parent, and no other
person shall be |
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| 1 | | determined to be a child of such other parent, during
the | 2 | | remainder of that benefit year.
| 3 | | "Nonworking spouse" means the lawful husband or wife of an | 4 | | individual
claiming benefits under this Act, for whom more than | 5 | | one-half the cost
of support has been supplied by the | 6 | | individual for at least 90
consecutive days (or for the | 7 | | duration of the marital relationship if it
has existed for less | 8 | | than 90 days) immediately preceding any week with
respect to | 9 | | which the individual has filed a claim, but only if the
| 10 | | nonworking spouse is currently ineligible to receive benefits | 11 | | under this
Act by reason of the provisions of Section 500E.
| 12 | | An individual who was obligated by law to provide for the | 13 | | support of
a child or of a nonworking spouse for the aforesaid | 14 | | period of 90 consecutive
days, but was prevented by illness or | 15 | | injury from doing so, shall be deemed
to have provided more | 16 | | than one-half the cost of supporting the child or
nonworking | 17 | | spouse for that period.
| 18 | | (Source: P.A. 96-30, eff. 6-30-09.)
| 19 | | (820 ILCS 405/403) (from Ch. 48, par. 403)
| 20 | | Sec. 403. Maximum total amount of benefits.) | 21 | | A. With respect to
any benefit year beginning prior to | 22 | | September 30, 1979, any otherwise eligible
individual shall be | 23 | | entitled, during such benefit year, to a maximum
total amount | 24 | | of benefits as shall be determined in the manner set forth
in | 25 | | this Act as amended and in effect on November 9, 1977.
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| 1 | | B. With respect to any benefit year beginning on or after | 2 | | September 30,
1979, except as otherwise provided in this | 3 | | Section, any otherwise eligible individual shall be entitled, | 4 | | during such benefit
year, to a maximum total amount of benefits | 5 | | equal to 26 times his or her weekly
benefit amount plus | 6 | | dependents' allowances, or to the total wages for insured
work | 7 | | paid to such individual during the individual's base period, | 8 | | whichever
amount is smaller. With respect to any benefit year | 9 | | beginning in calendar year 2012, any otherwise eligible | 10 | | individual shall be entitled, during such benefit year, to a | 11 | | maximum total amount of benefits equal to 25 times his or her | 12 | | weekly benefit amount plus dependents' allowances, or to the | 13 | | total wages for insured work paid to such individual during the | 14 | | individual's base period, whichever amount is smaller. With | 15 | | respect to any benefit year beginning in calendar year 2016 or | 16 | | 2018, any otherwise eligible individual shall be entitled, | 17 | | during such benefit year, to a maximum total amount of benefits | 18 | | equal to 24 times his or her weekly benefit amount plus | 19 | | dependents' allowances, or to the total wages for insured work | 20 | | paid to such individual during the individual's base period, | 21 | | whichever amount is smaller. If the maximum amount includable | 22 | | as "wages" pursuant to Section 235 is $13,560 with respect to | 23 | | calendar year 2013, then, with respect to any benefit year | 24 | | beginning after March 31, 2013 and before April 1, 2014, any | 25 | | otherwise eligible individual shall be entitled, during such | 26 | | benefit year, to a maximum total amount of benefits equal to 25 |
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| 1 | | times his or her weekly benefit amount plus dependents | 2 | | allowances, or to the total wages for insured work paid to such | 3 | | individual during the individual's base period, whichever | 4 | | amount is smaller.
| 5 | | (Source: P.A. 97-1, eff. 3-31-11.)
| 6 | | (820 ILCS 405/611.1 new) | 7 | | Sec. 611.1. Social Security Retirement Pay Task Force. | 8 | | (a) The Social Security Retirement Pay Task Force is hereby | 9 | | created within the Department. The Task Force shall consist of | 10 | | 13 members. The following members shall be appointed within 60 | 11 | | days after the effective date of this amendatory Act of the | 12 | | 97th General Assembly: 2 members appointed by the President of | 13 | | the Senate; 2 members appointed by the Senate Minority Leader; | 14 | | 2 members appointed by the Speaker of the House of | 15 | | Representatives; 2 members appointed by the House Minority | 16 | | Leader; 2 members appointed by the Governor; and the Director, | 17 | | who shall serve as ex officio chairman and who shall appoint | 18 | | one additional member who shall be a representative citizen | 19 | | chosen from the employee class and one additional member who | 20 | | shall be a representative citizen chosen from the employing | 21 | | class. All members shall be voting members. Members shall serve | 22 | | without compensation, but may be reimbursed for expenses | 23 | | associated with the Task Force. The Task Force shall begin to | 24 | | conduct business upon the appointment of all members. For | 25 | | purposes of Task Force meetings, a quorum is 7 members. If a |
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| 1 | | vacancy occurs on the Task Force, a successor member shall be | 2 | | appointed by the original appointing authority. Meetings of the | 3 | | Task Force are subject to the Open Meetings Act. | 4 | | (b) The Task Force shall analyze the impact of paragraph 2 | 5 | | of subsection A of Section 611 of this Act on individuals | 6 | | receiving primary social security old age and disability | 7 | | retirement benefits and make a recommendation to the General | 8 | | Assembly as to the advisability of amending that paragraph with | 9 | | regard to those individuals. Considerations to be taken into | 10 | | account in the analysis include but are not limited to the | 11 | | amount of benefits that would have been payable in prior years | 12 | | if that paragraph had not applied to those individuals, the | 13 | | potential impact on employer liabilities under the Act had that | 14 | | paragraph not applied to those individuals, the current and | 15 | | projected balances in this State's account in the federal | 16 | | Unemployment Trust Fund and the fact that the majority of state | 17 | | unemployment insurance laws do not include comparable language | 18 | | with regard to those individuals. The Task Force shall hold at | 19 | | least 3 public hearings as part of its analysis. The Task Force | 20 | | may establish any committees it deems necessary. | 21 | | (c) All findings, recommendations, public postings, and | 22 | | other relevant information pertaining to the Task Force shall | 23 | | be posted on the Department's website. The Department shall | 24 | | provide staff and administrative support to the Task Force. The | 25 | | Department and the Task Force may accept donated services and | 26 | | other resources from registered not-for-profit organizations |
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| 1 | | that may be necessary to complete the work of the Task Force. | 2 | | The Task Force shall report its findings and recommendations to | 3 | | the Governor and the General Assembly no later than December | 4 | | 31, 2012, and shall be dissolved upon submission of the report.
| 5 | | (820 ILCS 405/702) (from Ch. 48, par. 452)
| 6 | | Sec. 702. Determinations. The claims adjudicator shall for | 7 | | each week
with respect to which the claimant claims benefits or | 8 | | waiting period
credit, make a "determination" which shall state | 9 | | whether or not the
claimant is eligible for such benefits or | 10 | | waiting period credit and the
sum to be paid the claimant with | 11 | | respect to such week. The claims
adjudicator shall promptly | 12 | | notify the claimant and such employing unit
as shall, within | 13 | | the time and in the manner prescribed by the Director,
have | 14 | | filed a sufficient allegation that the claimant is ineligible | 15 | | to
receive benefits or waiting period credit for said week, of | 16 | | his
"determination" and the reasons therefor. The Director may, | 17 | | by rule adopted with the advice and aid of the Employment | 18 | | Security Advisory Board, require that an employing unit with 50 | 19 | | or more individuals in its employ during the prior calendar | 20 | | year, or an entity representing 5 or more employing units | 21 | | during the prior calendar year, file an allegation of | 22 | | ineligibility electronically in a manner prescribed by the | 23 | | Director. In making his
"determination," the claims | 24 | | adjudicator shall give consideration to the
information, if | 25 | | any, contained in the employing unit's allegation,
whether or |
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| 1 | | not the allegation is sufficient. The claims adjudicator
shall | 2 | | deem an employing unit's allegation sufficient only if it | 3 | | contains
a reason or reasons therefor (other than general | 4 | | conclusions of
law, and statements such as "not actively | 5 | | seeking work" or "not available
for work" shall be deemed, for | 6 | | this purpose, to be conclusions of law).
If the claims | 7 | | adjudicator deems an allegation insufficient, he shall make a
| 8 | | decision accordingly, and shall notify the employing unit of | 9 | | such
decision and the reasons therefor. Such decision may be | 10 | | appealed by the
employing unit to a Referee within the time | 11 | | limits prescribed by Section
800 for appeal from a | 12 | | "determination". Any such appeal, and any appeal
from the | 13 | | Referee's decision thereon, shall be governed by the applicable
| 14 | | provisions of Sections 801, 803, 804 and 805.
| 15 | | (Source: P.A. 81-1521.)
| 16 | | (820 ILCS 405/804) (from Ch. 48, par. 474)
| 17 | | Sec. 804. Conduct of
hearings-Service of notice. The | 18 | | manner in which disputed claims for benefits shall be presented | 19 | | and
the conduct of hearings and appeals shall be in accordance | 20 | | with regulations
prescribed by the Director for determining the | 21 | | rights of the parties. A
full and complete record shall be kept | 22 | | of all proceedings in connection
with a disputed claim. All | 23 | | testimony at any hearing upon a disputed claim
shall be | 24 | | recorded but need not be transcribed unless the disputed claim | 25 | | is
further appealed.
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| 1 | | Whenever the giving of notice is required by Sections 701, | 2 | | 702, 703,
801, 803, 805, and 900, it may be given and be | 3 | | completed by mailing the
same to the last known address of the | 4 | | person entitled thereto. If agreed to by the person or entity | 5 | | entitled to notice, notice may be given and completed | 6 | | electronically, in the manner prescribed by rule, by posting | 7 | | the notice on a secure web site accessible to the person or | 8 | | entity and sending notice of the posting to the last known | 9 | | e-mail address of the person or entity.
| 10 | | (Source: Laws 1955, p. 744.)
| 11 | | (820 ILCS 405/900) (from Ch. 48, par. 490)
| 12 | | Sec. 900. Recoupment.) A. Whenever an individual has | 13 | | received any
sum as benefits for which he is found to have been | 14 | | ineligible, the
amount thereof may be recovered by suit in the | 15 | | name of the People of the
State of Illinois, or, from benefits | 16 | | payable to him, may be recouped:
| 17 | | 1. At any time, if, to receive such sum, he knowingly made | 18 | | a false
statement or knowingly failed to disclose a material | 19 | | fact.
| 20 | | 2. Within 3 years from any date prior to January 1,
1984, | 21 | | on which he has been found to have been
ineligible for any | 22 | | other reason, pursuant to a reconsidered finding or a
| 23 | | reconsidered determination, or pursuant to the decision of a | 24 | | Referee
(or of the Director or his representative under Section | 25 | | 604) which modifies
or sets aside a finding or a reconsidered |
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| 1 | | finding or a determination or
a reconsidered determination; or | 2 | | within 5 years from any date
after December 31, 1983, on which | 3 | | he has been
found to have been ineligible for
any other reason, | 4 | | pursuant to a reconsidered finding or a reconsidered
| 5 | | determination, or pursuant to the decision of a Referee (or of | 6 | | the Director
or his representative under Section 604) which | 7 | | modifies or sets aside a
finding or a reconsidered finding or a | 8 | | determination or a reconsidered
determination. Recoupment | 9 | | pursuant to the provisions of
this paragraph from benefits | 10 | | payable to an individual for any week may be
waived upon the | 11 | | individual's request, if the sum referred to in paragraph
A was | 12 | | received by the individual without fault on his part and if | 13 | | such
recoupment would be against equity and good conscience. | 14 | | Such waiver may be
denied with respect to any subsequent week | 15 | | if, in that week, the facts and
circumstances upon which waiver | 16 | | was based no longer exist.
| 17 | | B. Whenever the claims adjudicator referred to in Section | 18 | | 702
decides that any sum received by a claimant as benefits | 19 | | shall be
recouped, or denies recoupment waiver requested by the | 20 | | claimant, he shall
promptly notify the claimant of his decision | 21 | | and the
reasons therefor. The decision and the notice thereof | 22 | | shall state the
amount to be recouped, the weeks with respect | 23 | | to which such sum was
received by the claimant, and the time | 24 | | within which it may be recouped and,
as the case may be, the | 25 | | reasons for denial of recoupment waiver.
The claims adjudicator | 26 | | may reconsider his decision within one year after
the date when |
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| 1 | | the decision was made. Such decision or reconsidered
decision | 2 | | may be appealed to a Referee within the time limits prescribed
| 3 | | by Section 800 for appeal from a determination. Any such | 4 | | appeal, and
any appeal from the Referee's decision thereon, | 5 | | shall be governed by the
applicable provisions of Sections 801, | 6 | | 803, 804 and 805. No recoupment
shall be begun until the | 7 | | expiration of the time limits prescribed by
Section 800 of this | 8 | | Act or, if an appeal has been filed, until the
decision of a | 9 | | Referee has been made thereon affirming the decision of
the | 10 | | Claims Adjudicator.
| 11 | | C. Any sums recovered under the provisions of this Section | 12 | | shall be
treated as repayments to the Director of sums | 13 | | improperly obtained by the
claimant.
| 14 | | D. Whenever, by reason of a back pay award made by any | 15 | | governmental
agency or pursuant to arbitration proceedings, or | 16 | | by reason of a payment
of wages wrongfully withheld by an | 17 | | employing unit, an individual has
received wages for weeks with | 18 | | respect to which he has received benefits,
the amount of such | 19 | | benefits may be recouped or otherwise recovered as
herein | 20 | | provided. An employing unit making a back pay award to an
| 21 | | individual for weeks with respect to which the individual has | 22 | | received
benefits shall make the back pay award by check | 23 | | payable jointly to the
individual and to the Director.
| 24 | | E. The amount recouped pursuant to paragraph 2 of | 25 | | subsection A from
benefits payable to an individual for any | 26 | | week shall not exceed 25% of
the individual's weekly benefit |
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| 1 | | amount.
| 2 | | In addition to the remedies provided by this Section, when | 3 | | an
individual has received any sum as benefits for which he is | 4 | | found to be
ineligible, the Director may request the | 5 | | Comptroller to withhold such sum
in accordance with Section | 6 | | 10.05 of the State Comptroller Act and the Director may request | 7 | | the Secretary of the Treasury to withhold such sum to the | 8 | | extent allowed by and in accordance with Section 6402(f) of the | 9 | | federal Internal Revenue Code of 1986, as amended . Benefits
| 10 | | paid pursuant to this Act shall not be subject to such | 11 | | withholding. Where the Director requests withholding by the | 12 | | Secretary of the Treasury pursuant to this Section, in addition | 13 | | to the amount of benefits for which the individual has been | 14 | | found ineligible, the individual shall be liable for any | 15 | | legally authorized administrative fee assessed by the | 16 | | Secretary, with such fee to be added to the amount to be | 17 | | withheld by the Secretary.
| 18 | | (Source: P.A. 85-956.)
| 19 | | (820 ILCS 405/1505) (from Ch. 48, par. 575)
| 20 | | Sec. 1505. Adjustment of state experience factor. The state | 21 | | experience
factor shall be adjusted in accordance with the | 22 | | following provisions:
| 23 | | A. This subsection shall apply to each calendar year prior | 24 | | to 1980 for
which a state experience factor is being | 25 | | determined.
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| 1 | | For every $7,000,000 (or fraction thereof) by which the | 2 | | amount
standing to the credit of this State's account in the | 3 | | unemployment trust
fund as of June 30 of the calendar year | 4 | | immediately preceding the
calendar year for which the state | 5 | | experience factor is being determined
falls below | 6 | | $450,000,000, the state experience factor for the succeeding
| 7 | | calendar year shall be increased 1 percent absolute.
| 8 | | For every $7,000,000 (or fraction thereof) by which the | 9 | | amount
standing to the credit of this State's account in the | 10 | | unemployment trust
fund as of June 30 of the calendar year | 11 | | immediately preceding the
calendar year for which the state | 12 | | experience factor is being determined
exceeds $450,000,000, | 13 | | the state experience factor for the succeeding
year shall be | 14 | | reduced 1 percent absolute.
| 15 | | B. This subsection shall apply to the calendar years 1980
| 16 | | through 1987, for which the state experience factor is being | 17 | | determined.
| 18 | | For every $12,000,000 (or fraction thereof) by which the | 19 | | amount
standing to the credit of this State's account in the | 20 | | unemployment trust
fund as of June 30 of the calendar year | 21 | | immediately preceding the
calendar year for which the state | 22 | | experience factor is being determined
falls below | 23 | | $750,000,000, the state experience factor for the succeeding
| 24 | | calendar year shall be increased 1 percent absolute.
| 25 | | For every $12,000,000 (or fraction thereof) by which the | 26 | | amount
standing to the credit of this State's account in the |
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| 1 | | unemployment trust
fund as of June 30 of the calendar year | 2 | | immediately preceding the
calendar year for which the state | 3 | | experience factor is being determined
exceeds $750,000,000, | 4 | | the state experience factor for the succeeding
year shall be | 5 | | reduced 1 percent absolute.
| 6 | | C. This subsection shall apply to the calendar year 1988
| 7 | | and each calendar year thereafter, for which the state
| 8 | | experience factor is being determined.
| 9 | | 1. For every $50,000,000 (or fraction thereof) by which
| 10 | | the adjusted trust fund balance falls below the target | 11 | | balance set forth in
this subsection,
the state experience | 12 | | factor for the succeeding year shall
be increased one | 13 | | percent absolute.
| 14 | | For every $50,000,000 (or fraction thereof) by which
| 15 | | the adjusted trust fund balance exceeds the target balance | 16 | | set forth in this
subsection, the
state experience factor | 17 | | for the succeeding year shall be
decreased by one percent | 18 | | absolute.
| 19 | | The target balance in each calendar year prior to 2003 | 20 | | is $750,000,000.
The
target balance in
calendar year 2003 | 21 | | is $920,000,000. The target balance in calendar year 2004 | 22 | | is
$960,000,000.
The target balance in calendar year 2005 | 23 | | and each calendar year thereafter
is
$1,000,000,000.
| 24 | | 2. For the purposes of this subsection:
| 25 | | "Net trust fund balance" is the amount standing to the
| 26 | | credit of this State's account in the unemployment trust
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| 1 | | fund as of June 30 of the calendar year immediately | 2 | | preceding
the year for which a state experience factor is | 3 | | being determined.
| 4 | | "Adjusted trust fund balance" is the net trust fund | 5 | | balance
minus the sum of the benefit reserves for fund | 6 | | building
for July 1, 1987 through June 30 of the year prior | 7 | | to the
year for which the state experience factor is being | 8 | | determined.
The adjusted trust fund balance shall not be | 9 | | less than
zero. If the preceding calculation results in a | 10 | | number
which is less than zero, the amount by which it is | 11 | | less
than zero shall reduce the sum of the benefit reserves
| 12 | | for fund building for subsequent years.
| 13 | | For the purpose of determining the state experience | 14 | | factor
for 1989 and for each calendar year thereafter, the | 15 | | following
"benefit reserves for fund building" shall apply | 16 | | for each
state experience factor calculation in which that | 17 | | 12 month
period is applicable:
| 18 | | a. For the 12 month period ending on June 30, 1988, | 19 | | the
"benefit reserve for fund building" shall be | 20 | | 8/104th of
the total benefits paid from January 1, 1988 | 21 | | through June 30, 1988.
| 22 | | b. For the 12 month period ending on June 30, 1989, | 23 | | the
"benefit reserve for fund building" shall be the | 24 | | sum of:
| 25 | | i. 8/104ths of the total benefits paid from | 26 | | July 1,
1988 through December 31, 1988, plus
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| 1 | | ii. 4/108ths of the total benefits paid from | 2 | | January
1, 1989 through June 30, 1989.
| 3 | | c. For the 12 month period ending on June 30, 1990, | 4 | | the
"benefit reserve for fund building" shall be | 5 | | 4/108ths of
the total benefits paid from July 1, 1989 | 6 | | through December 31, 1989.
| 7 | | d. For 1992 and for each calendar year thereafter, | 8 | | the
"benefit reserve for fund building" for the 12 | 9 | | month period
ending on June 30, 1991 and for each | 10 | | subsequent 12 month
period shall be zero.
| 11 | | 3. Notwithstanding the preceding provisions of this | 12 | | subsection,
for calendar years 1988 through 2003, the state | 13 | | experience factor shall not
be increased or decreased
by | 14 | | more than 15 percent absolute.
| 15 | | D. Notwithstanding the provisions of subsection C, the
| 16 | | adjusted state experience factor:
| 17 | | 1. Shall be 111 percent for calendar year 1988;
| 18 | | 2. Shall not be less than 75 percent nor greater than
| 19 | | 135 percent for calendar years 1989 through 2003; and shall | 20 | | not
be less than 75% nor greater than 150% for calendar | 21 | | year 2004 and each
calendar year
thereafter , not counting | 22 | | any increase pursuant to subsection D-1, D-2, or D-3 ;
| 23 | | 3. Shall not be decreased by more than 5 percent | 24 | | absolute for any
calendar year, beginning in calendar year | 25 | | 1989 and through calendar year
1992, by more than 6% | 26 | | absolute for calendar years 1993
through 1995, by more than |
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| 1 | | 10% absolute for calendar years
1999 through 2003 and by | 2 | | more than 12% absolute for calendar year 2004 and
each | 3 | | calendar year thereafter, from the adjusted state
| 4 | | experience factor of the calendar year preceding the | 5 | | calendar year for which
the adjusted state experience | 6 | | factor is being determined;
| 7 | | 4. Shall not be increased by more than 15% absolute for | 8 | | calendar year
1993, by more than 14% absolute for calendar | 9 | | years 1994 and
1995, by more than 10% absolute for calendar | 10 | | years 1999
through 2003 and by more than 16% absolute for | 11 | | calendar year 2004 and each
calendar
year
thereafter, from | 12 | | the adjusted state experience factor for the calendar year
| 13 | | preceding the calendar year for which the adjusted state | 14 | | experience factor
is being determined;
| 15 | | 5. Shall be 100% for calendar years 1996, 1997, and | 16 | | 1998.
| 17 | | D-1. The adjusted state experience factor for each of | 18 | | calendar years 2013 through 2015 shall be increased by 5% | 19 | | absolute above the adjusted state experience factor as | 20 | | calculated without regard to this subsection. The adjusted | 21 | | state experience factor for each of calendar years 2016 through | 22 | | 2019 shall be increased by 6% absolute above the adjusted state | 23 | | experience factor as calculated without regard to this | 24 | | subsection. The increase in the adjusted state experience for | 25 | | calendar year 2019 pursuant to this subsection shall not be | 26 | | counted for purposes of applying paragraph 3 or 4 of subsection |
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| 1 | | D to the calculation of the adjusted state experience factor | 2 | | for calendar year 2020. | 3 | | D-2. The adjusted state experience factor for calendar year | 4 | | 2016 shall be increased by 19% absolute above the adjusted | 5 | | state experience factor as calculated without regard to this | 6 | | subsection. The increase in the adjusted state experience | 7 | | factor for calendar year 2016 pursuant to this subsection shall | 8 | | not be counted for purposes of applying paragraph 3 or 4 of | 9 | | subsection D to the calculation of the adjusted state | 10 | | experience factor for calendar year 2017. | 11 | | D-3. The adjusted state experience factor for calendar year | 12 | | 2018 shall be increased by 19% absolute above the adjusted | 13 | | state experience factor as calculated without regard to this | 14 | | subsection. The increase in the adjusted state experience | 15 | | factor for calendar year 2018 pursuant to this subsection shall | 16 | | not be counted for purposes of applying paragraph 3 or 4 of | 17 | | subsection D to the calculation of the adjusted state | 18 | | experience factor for calendar year 2019. | 19 | | E. The amount standing to the credit of this State's | 20 | | account in the
unemployment trust fund as of June 30 shall be | 21 | | deemed to include as part
thereof (a) any amount receivable on | 22 | | that date from any Federal
governmental agency, or as a payment | 23 | | in lieu of contributions under the
provisions of Sections 1403 | 24 | | and 1405 B and paragraph 2 of Section 302C,
in reimbursement of | 25 | | benefits paid to individuals, and (b) amounts
credited by the | 26 | | Secretary of the Treasury of the United States to this
State's |
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| 1 | | account in the unemployment trust fund pursuant to Section 903
| 2 | | of the Federal Social Security Act, as amended, including any | 3 | | such
amounts which have been appropriated by the General | 4 | | Assembly in
accordance with the provisions of Section 2100 B | 5 | | for expenses of
administration, except any amounts which have | 6 | | been obligated on or
before that date pursuant to such | 7 | | appropriation.
| 8 | | (Source: P.A. 93-634, eff. 1-1-04.)
| 9 | | (820 ILCS 405/1506.1) (from Ch. 48, par. 576.1)
| 10 | | Sec. 1506.1. Determination of Employer's Contribution | 11 | | Rate.
| 12 | | A. The contribution rate for any calendar year prior to | 13 | | 1982 of each
employer who has incurred liability for the | 14 | | payment of contributions within
each of the three calendar | 15 | | years immediately preceding the calendar year for
which a rate | 16 | | is being determined shall be determined in accordance with
the | 17 | | provisions of this Act as amended and in effect on October 5, | 18 | | 1980.
| 19 | | B. The contribution rate for calendar years 1982 and 1983 | 20 | | of
each employer who has incurred liability for the payment of | 21 | | contributions
within each of the three calendar years | 22 | | immediately preceding the calendar
year for which a rate is | 23 | | being determined shall be the product obtained by
multiplying | 24 | | the employer's benefit wage ratio for that calendar year by the
| 25 | | adjusted state experience factor for the same year, provided |
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| 1 | | that:
| 2 | | 1. No employer's contribution rate shall be lower than | 3 | | two-tenths of
1 percent or higher than 5.3%; and
| 4 | | 2. Intermediate contribution rates between such | 5 | | minimum and maximum
rates shall be at one-tenth of 1 | 6 | | percent intervals.
| 7 | | 3. If the product obtained as provided in this | 8 | | subsection is not an
exact multiple of one-tenth of 1 | 9 | | percent, it shall be increased or
reduced, as the case may | 10 | | be, to the nearer multiple of one-tenth of 1
percent. If | 11 | | such product is equally near to two multiples of one-tenth
| 12 | | of 1 percent, it shall be increased to the higher multiple | 13 | | of one-tenth
of 1 percent. If such product is less than | 14 | | two-tenths of one percent,
it shall be increased to | 15 | | two-tenths of 1 percent, and if greater than 5.3%,
it shall | 16 | | be reduced to 5.3%.
| 17 | | The contribution rate of each employer for whom wages | 18 | | became
benefit wages during the applicable period specified in | 19 | | Section 1503,
but who paid no contributions upon wages for | 20 | | insured work during such
period on or before the date | 21 | | designated in Section 1503, shall be 5.3%.
| 22 | | The contribution rate of each employer for whom no wages | 23 | | became
benefit wages during the applicable period specified in | 24 | | Section 1503,
and who paid no contributions upon wages for | 25 | | insured work during such
period on or before the date specified | 26 | | in Section 1503, shall be 2.7 percent.
|
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| 1 | | Notwithstanding the other provisions of this Section, no | 2 | | employer's
contribution rate with respect to calendar years | 3 | | 1982 and
1983 shall exceed 2.7 percent of the wages for insured | 4 | | work paid
by him during any calendar quarter, if such wages | 5 | | paid during such
calendar quarter total less than $50,000.
| 6 | | C. The contribution rate for calendar years 1984, 1985 and | 7 | | 1986 of each
employer who has incurred liability
for the | 8 | | payment of contributions within each of the two calendar years
| 9 | | immediately preceding the calendar year for which a rate is | 10 | | being determined
shall be the product obtained by multiplying | 11 | | the employer's benefit wage
ratio for that calendar year by the | 12 | | adjusted state experience factor for
the same year, provided | 13 | | that:
| 14 | | 1. An employer's minimum contribution rate shall be the | 15 | | greater of: .2%;
or, the product obtained by multiplying | 16 | | .2% by the adjusted state experience
factor for the | 17 | | applicable calendar year.
| 18 | | 2. An employer's maximum contribution rate shall be the | 19 | | greater of 5.5%
or the product of 5.5% and the adjusted | 20 | | State experience factor for the
applicable calendar year | 21 | | except that such maximum contribution rate shall
not be | 22 | | higher than 6.3% for calendar year 1984, nor be higher than | 23 | | 6.6%
or lower than 6.4% for calendar year 1985, nor be | 24 | | higher than 6.7% or lower
than 6.5% for calendar year 1986.
| 25 | | 3. If any product obtained in this subsection is not an | 26 | | exact
multiple of one-tenth of one percent, it shall be |
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| 1 | | increased or reduced,
as the case may be to the nearer | 2 | | multiple of one-tenth of one percent. If
such product is | 3 | | equally near to two multiples of one-tenth of one percent,
| 4 | | it shall be increased to the higher multiple of one-tenth | 5 | | of one percent.
| 6 | | 4. Intermediate rates between such minimum and maximum | 7 | | rates shall be
at one-tenth of one percent intervals.
| 8 | | The contribution rate of each employer for whom wages | 9 | | became benefit wages
during the applicable period specified in | 10 | | Section 1503, but who paid no
contributions upon wages for | 11 | | insured work during such period on or before
the date | 12 | | designated in Section 1503, shall be the maximum contribution | 13 | | rate
as determined by paragraph 2 of this subsection. The | 14 | | contribution rate for
each employer for whom no wages became | 15 | | benefit wages during the applicable
period on or before the | 16 | | date specified in Section 1503, and who paid no
contributions | 17 | | upon wages for insured work during such period on or before
the | 18 | | date specified in Section 1503, shall be the greater of 2.7% or | 19 | | 2.7%
times the then current adjusted state experience factor as | 20 | | determined by
the Director in accordance with the provisions of | 21 | | Sections 1504 and 1505.
| 22 | | Notwithstanding, the other provisions of this Section, no | 23 | | employer's
contribution rate with respect to the calendar year | 24 | | 1984 shall exceed 2.7
percent times the then current adjusted | 25 | | state experience factor as
determined by the Director in | 26 | | accordance with the provisions of Sections
1504 and 1505 of the |
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| 1 | | wages for insured work paid by him during any calendar
quarter, | 2 | | if such wages paid during such calendar quarter total less than
| 3 | | $50,000.
| 4 | | D. The contribution rate for calendar years 1987, 1988, | 5 | | 1989 and 1990
of each employer who
has incurred liability for | 6 | | the payment of contributions within each of the
three calendar | 7 | | years immediately preceding the calendar year for which a
rate | 8 | | is being determined shall be the product obtained by | 9 | | multiplying the
employer's benefit wage ratio for that calendar | 10 | | year by the adjusted state
experience factor for the same year, | 11 | | provided, that:
| 12 | | 1. An employer's minimum contribution rate shall be the | 13 | | greater of .2%
or the product obtained by multiplying .2% | 14 | | by the adjusted State
experience factor for the applicable | 15 | | calendar year.
| 16 | | 2. An employer's maximum contribution rate shall be the | 17 | | greater of 5.5%
or the product of 5.5% and the adjusted | 18 | | State experience factor for the
calendar year 1987 except | 19 | | that such maximum contribution rate shall not be
higher | 20 | | than 6.7% or lower than 6.5% and an employer's maximum
| 21 | | contribution rate for 1988, 1989 and 1990 shall be the | 22 | | greater of 6.4% or
the product of 6.4% and the adjusted | 23 | | State experience factor for the
applicable calendar year.
| 24 | | 3. If any product obtained in this subsection is not an | 25 | | exact multiple
of one-tenth of one percent, it shall be | 26 | | increased or reduced, as the case
may be to the nearer |
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| 1 | | multiple of one-tenth of 1 percent. If such product
is | 2 | | equally near to two multiples of one-tenth of 1 percent, it | 3 | | shall be
increased to the higher multiple of one-tenth of 1 | 4 | | percent.
| 5 | | 4. Intermediate rates between such minimum and maximum | 6 | | rates shall be at
one-tenth of 1 percent intervals.
| 7 | | The contribution rate of each employer for whom wages | 8 | | became benefit
wages during the applicable period specified in | 9 | | Section 1503, but who did
not report wages for insured work | 10 | | during such period, shall be the maximum
contribution rate as | 11 | | determined by paragraph 2 of this subsection. The
contribution | 12 | | rate for each employer for whom no wages became benefit wages
| 13 | | during the applicable period specified in Section 1503, and who | 14 | | did not
report wages for insured work during such period, shall | 15 | | be the greater of 2.7%
or 2.7% times the then current adjusted | 16 | | State experience factor as
determined by the Director in | 17 | | accordance with the provisions of Sections 1504 and 1505.
| 18 | | E.
The
contribution rate for calendar year 1991 and
each | 19 | | calendar year thereafter of each employer who has
incurred | 20 | | liability for the payment of contributions
within each of the | 21 | | three calendar years immediately
preceding the calendar year | 22 | | for which a rate is being
determined shall be the product | 23 | | obtained by multiplying
the employer's benefit ratio defined by | 24 | | Section 1503.1
for that calendar year by the adjusted state | 25 | | experience
factor for the same year, provided that:
| 26 | | 1. Except as otherwise provided in this paragraph, an |
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| 1 | | employer's
minimum contribution rate shall be the greater | 2 | | of 0.2% or the
product obtained by multiplying 0.2% by the | 3 | | adjusted state
experience factor for the applicable
| 4 | | calendar year. An employer's minimum contribution rate | 5 | | shall be 0.1% for
calendar year 1996. An employer's minimum | 6 | | contribution rate shall be 0.0% for calendar years 2012 | 7 | | through 2019.
| 8 | | 2.
An
employer's maximum contribution rate shall be the | 9 | | greater of 6.4% or
the product of 6.4%
and the adjusted | 10 | | state experience factor for the applicable calendar year.
| 11 | | 3. If any product obtained in this subsection is not
an | 12 | | exact multiple of one-tenth of one percent, it shall
be | 13 | | increased or reduced, as the case may be to the nearer
| 14 | | multiple of one-tenth of one percent. If such product
is | 15 | | equally near to two multiples of one-tenth of one percent,
| 16 | | it shall be increased to the higher multiple of one-tenth
| 17 | | of one percent.
| 18 | | 4. Intermediate rates between such minimum and maximum
| 19 | | rates shall be at one-tenth of one percent intervals.
| 20 | | The contribution rate of each employer for whom wages
| 21 | | became benefit wages during the applicable period specified
in | 22 | | Section 1503 or for whom benefit payments became
benefit | 23 | | charges during the applicable period specified
in Section | 24 | | 1503.1, but who did not report wages for
insured work during | 25 | | such period, shall be the maximum
contribution rate as | 26 | | determined by paragraph 2 of this
subsection.
The
contribution |
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| 1 | | rate for each employer
for whom no wages became benefit wages | 2 | | during the applicable
period specified in Section 1503 or for | 3 | | whom no benefit
payments became benefit charges during the | 4 | | applicable
period specified in Section 1503.1, and who did not
| 5 | | report wages for insured work during such period, shall
be the | 6 | | greater of 2.7% or 2.7% times the then current
adjusted state | 7 | | experience factor as determined by the
Director in accordance | 8 | | with the provisions of Sections
1504 and 1505.
| 9 | | F. Notwithstanding the other provisions of this Section, | 10 | | and pursuant to
Section 271 of the Tax Equity and Fiscal | 11 | | Responsibility Act of 1982, as
amended, no employer's | 12 | | contribution rate with respect to calendar years
1985, 1986, | 13 | | 1987 and 1988 shall, for any calendar quarter during which the
| 14 | | wages paid by that employer are less than $50,000, exceed the | 15 | | following:
with respect to calendar year 1985, 3.7%; with | 16 | | respect to calendar year 1986,
4.1%; with respect to calendar | 17 | | year 1987, 4.5%; and with respect to
calendar year 1988, 5.0%.
| 18 | | G. Notwithstanding the other provisions of this Section, no | 19 | | employer's
contribution rate with respect to calendar year 1989 | 20 | | and each calendar year
thereafter shall exceed 5.4% of the | 21 | | wages for insured work paid by him
during any calendar quarter, | 22 | | if such wages paid during such calendar
quarter total less than | 23 | | $50,000, plus any applicable penalty contribution rate | 24 | | calculated pursuant to subsection C of Section 1507.1.
| 25 | | (Source: P.A. 94-301, eff. 1-1-06.)
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| 1 | | (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3)
| 2 | | Sec. 1506.3. Fund building rates - Temporary | 3 | | Administrative Funding.
| 4 | | A. Notwithstanding any other provision of this Act, the | 5 | | following fund
building rates shall be in effect for the | 6 | | following calendar years:
| 7 | | For each employer whose contribution rate for 1988, 1989, | 8 | | 1990, the
first, third, and fourth quarters of 1991, 1992, | 9 | | 1993, 1994, 1995,
and 1997 through 2003 would, in the
absence | 10 | | of this
Section, be 0.2% or higher, a contribution rate which | 11 | | is the sum of such rate
and a fund building rate of 0.4%;
| 12 | | For each employer whose contribution rate for the second | 13 | | quarter of
1991 would, in the absence of this Section, be 0.2% | 14 | | or higher, a
contribution rate which is the sum of such rate | 15 | | and 0.3%;
| 16 | | For each employer whose contribution rate for 1996 would, | 17 | | in the absence of
this Section, be 0.1% or higher, a | 18 | | contribution rate which is the sum of such
rate and 0.4%;
| 19 | |
For each employer whose contribution rate for 2004 through | 20 | | 2009 would, in
the
absence
of this Section, be 0.2% or higher, | 21 | | a contribution rate which is the sum of
such rate and the
| 22 | | following: a fund building rate of 0.7% for 2004; a fund | 23 | | building rate of 0.9%
for 2005; a fund
building rate of 0.8% | 24 | | for 2006 and 2007; a fund building rate of 0.6% for 2008;
a | 25 | | fund building
rate of 0.4% for 2009.
| 26 | | Except as otherwise provided in this Section, for For each |
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| 1 | | employer whose contribution rate for 2010 and any calendar year
| 2 | | thereafter
is determined pursuant to Section 1500 or 1506.1, | 3 | | including but not limited to an employer whose contribution | 4 | | rate pursuant to Section 1506.1 is 0.0% would, in the absence | 5 | | of this Section, be 0.2% or higher , a contribution rate
which | 6 | | is the sum of the rate determined pursuant to Section 1500 or | 7 | | 1506.1
such rate and a fund building rate equal to the sum of | 8 | | the rate adjustment
applicable to that year
pursuant to Section | 9 | | 1400.1, plus the fund building rate in effect pursuant to
this | 10 | | Section for the
immediately preceding calendar year. | 11 | | For calendar year 2012 and any outstanding bond year | 12 | | thereafter, for each employer whose contribution rate is | 13 | | determined pursuant to Section 1500 or 1506.1, including but | 14 | | not limited to an employer whose contribution rate pursuant to | 15 | | Section 1506.1 is 0.0%, a contribution rate which is the sum of | 16 | | the rate determined pursuant to Section 1500 or 1506.1 and | 17 | | .55%. For purposes of this subsection, a calendar year is an | 18 | | outstanding bond year if, as of October 31 of the immediately | 19 | | preceding calendar year, there are bonds outstanding pursuant | 20 | | to the Illinois Unemployment Insurance Trust Fund Financing | 21 | | Act. | 22 | | Notwithstanding any provision to the
contrary, the fund
| 23 | | building rate in effect for any calendar year after calendar | 24 | | year 2009 shall
not be less than 0.4%
or greater than 0.55%.
| 25 | | Notwithstanding any other provision to the contrary, the fund | 26 | | building rate established pursuant to this Section shall not |
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| 1 | | apply with respect to the first quarter of calendar year 2011. | 2 | | The changes made to Section 235 by this amendatory Act of the | 3 | | 97th General Assembly are intended to offset the loss of | 4 | | revenue to the State's account in the unemployment trust fund | 5 | | with respect to the first quarter of calendar year 2011 as a | 6 | | result of Section 1506.5 and the changes made to this Section | 7 | | by this amendatory Act of the 97th General Assembly.
| 8 | | Notwithstanding the preceding paragraphs of this Section
| 9 | | or any other provision of this Act, except for the provisions
| 10 | | contained in Section 1500 pertaining to rates applicable
to | 11 | | employers classified under the Standard Industrial
Code,
or | 12 | | another classification system sanctioned by the United States | 13 | | Department
of Labor and prescribed by the Director by rule,
no | 14 | | employer whose total wages for insured work
paid by him during | 15 | | any calendar quarter in 1988 and
any calendar year thereafter | 16 | | are less than $50,000 shall
pay contributions at a rate with | 17 | | respect to such quarter
which exceeds the following: with | 18 | | respect to calendar year
1988, 5%; with respect to 1989 and any | 19 | | calendar year thereafter, 5.4%, plus any penalty contribution | 20 | | rate calculated pursuant to subsection C of Section 1507.1.
| 21 | | Notwithstanding the preceding paragraph of this Section, | 22 | | or any other
provision of this Act, no employer's contribution | 23 | | rate with respect to calendar
years 1993 through 1995 shall | 24 | | exceed 5.4% if the employer ceased operations at
an Illinois | 25 | | manufacturing facility in 1991 and remained closed at that | 26 | | facility
during all of 1992, and the employer in 1993 commits |
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| 1 | | to invest at least
$5,000,000 for the purpose of resuming | 2 | | operations at that facility, and the
employer rehires during | 3 | | 1993 at least 250 of the individuals employed by it at
that | 4 | | facility during the one year period prior to the cessation of | 5 | | its
operations, provided that, within 30 days after the | 6 | | effective date of this
amendatory Act of 1993, the employer | 7 | | makes application to the Department to
have the provisions of | 8 | | this paragraph apply to it. The immediately preceding
sentence | 9 | | shall be null and void with respect to an employer which by | 10 | | December
31, 1993 has not satisfied the rehiring requirement | 11 | | specified by this paragraph
or which by December 31, 1994 has | 12 | | not made the investment specified by this
paragraph. | 13 | | All payments attributable to the fund building rate | 14 | | established
pursuant to
this Section with
respect to the first | 15 | | fourth quarter of calendar year 2013 2003, the first quarter of
| 16 | | calendar year 2004 and
any calendar quarter thereafter as of | 17 | | the close of which there are either bond
obligations
| 18 | | outstanding pursuant to the Illinois Unemployment Insurance | 19 | | Trust Fund
Financing Act, or bond
obligations anticipated to be | 20 | | outstanding as of either or both of the 2
immediately | 21 | | succeeding
calendar quarters, shall be directed for deposit | 22 | | into the Master Bond Fund. Notwithstanding any other provision | 23 | | of this subsection, no fund building rate shall be added to any | 24 | | penalty contribution rate assessed pursuant to subsection C of | 25 | | Section 1507.1.
| 26 | | B. Notwithstanding any other provision of this Act, for the |
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| 1 | | second
quarter of 1991, the contribution rate of each employer | 2 | | as determined in
accordance with Sections 1500, 1506.1, and | 3 | | subsection A of this Section
shall be equal to the sum of such | 4 | | rate and 0.1%; provided that this
subsection shall not apply to | 5 | | any employer whose rate computed under
Section 1506.1 for such | 6 | | quarter is between 5.1% and 5.3%, inclusive, and
who qualifies | 7 | | for the 5.4% rate ceiling imposed by the last paragraph of
| 8 | | subsection A for such quarter. All payments made pursuant to | 9 | | this
subsection shall be deposited in the Employment Security | 10 | | Administrative
Fund established under Section 2103.1 and used | 11 | | for the administration of
this Act.
| 12 | | C. Payments received by the Director which are insufficient | 13 | | to pay the
total contributions due under the Act shall be first | 14 | | applied to satisfy the
amount due pursuant to subsection B.
| 15 | | C-1. Payments received by the Director with respect to the | 16 | | first fourth quarter
of
calendar year 2013
2003, the first | 17 | | quarter of calendar year 2004 and any calendar quarter
| 18 | | thereafter as of the close of
which there are either bond | 19 | | obligations outstanding pursuant to the Illinois
Unemployment
| 20 | | Insurance Trust Fund Financing Act, or bond obligations | 21 | | anticipated to be
outstanding as of either or both of the 2 | 22 | | immediately succeeding calendar
quarters, shall, to the extent | 23 | | they are insufficient to pay the total
amount due under the Act | 24 | | with respect to the quarter, be first applied to
satisfy the | 25 | | amount due
with respect to that quarter and attributable to the | 26 | | fund building rate
established pursuant to this
Section. |
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| 1 | | Notwithstanding any other provision to the contrary, with | 2 | | respect to
an employer whose
contribution rate with respect to | 3 | | a quarter subject to this subsection would
have exceeded 5.4%
| 4 | | but for the 5.4% rate ceiling imposed pursuant to subsection A, | 5 | | the amount due
from the
employer with respect to that quarter | 6 | | and attributable to the fund building
rate established
pursuant | 7 | | to subsection A shall equal the amount, if any, by which the | 8 | | amount
due and
attributable to the 5.4% rate exceeds the amount | 9 | | that would have been due and
attributable to the
employer's | 10 | | rate determined pursuant to Sections 1500 and 1506.1, without | 11 | | regard
to the fund
building rate established pursuant to | 12 | | subsection A.
| 13 | | D. All provisions of this Act applicable to the collection | 14 | | or refund of
any contribution due under this Act shall be | 15 | | applicable to the collection or
refund of amounts due pursuant | 16 | | to subsection B and amounts directed pursuant
to this Section | 17 | | for deposit into the Master
Bond Fund to the extent
they would | 18 | | not otherwise be considered as contributions.
| 19 | | (Source: P.A. 97-1, eff. 3-31-11.)
| 20 | | (820 ILCS 405/1506.6 new) | 21 | | Sec. 1506.6. Surcharge; specified period. For each | 22 | | employer whose contribution rate for calendar year 2016 or 2018 | 23 | | is determined pursuant to Section 1500 or 1506.1, including but | 24 | | not limited to an employer whose contribution rate pursuant to | 25 | | Section 1506.1 is 0.0%, in addition to the contribution rate |
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| 1 | | established pursuant to Section 1506.3, an additional | 2 | | surcharge of 0.3% shall be added to the contribution rate. The | 3 | | surcharge established by this Section shall be due at the same | 4 | | time as other contributions with respect to the quarter are | 5 | | due, as provided in Section 1400. Payments attributable to the | 6 | | surcharge established pursuant to this Section shall be | 7 | | contributions and deposited into the clearing account.
| 8 | | (820 ILCS 405/1510) (from Ch. 48, par. 580)
| 9 | | Sec. 1510.
Service
of notice.
| 10 | | Whenever service of notice is required by Sections 1508 and | 11 | | 1509, such
notice may be given and be complete by depositing | 12 | | the same with the United
States Mail, addressed to the employer | 13 | | at his last known address. If
represented by counsel in the | 14 | | proceedings before the Director, then service
of notice may be | 15 | | made upon such employer by mailing same to such counsel. If | 16 | | agreed to by the person or entity entitled to notice, notice | 17 | | may be given and completed electronically, in the manner | 18 | | prescribed by rule, by posting the notice on a secure web site | 19 | | accessible to the person or entity and sending notice of the | 20 | | posting to the last known e-mail address of the person or | 21 | | entity.
| 22 | | (Source: Laws 1951, p. 32.)
| 23 | | (820 ILCS 405/1705) (from Ch. 48, par. 615)
| 24 | | Sec. 1705. Employment offices; State employment service. |
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| 1 | | The Director shall create as many employment districts and | 2 | | establish and
maintain as many State employment offices as he | 3 | | or she deems necessary to
carry
out the provisions of this Act. | 4 | | In addition to such offices and branches,
the Illinois Public | 5 | | Employment Offices now in existence and
such as may
hereafter | 6 | | be created pursuant to the provisions of the Public Employment
| 7 | | Office Act
shall also serve as employment offices within the | 8 | | purview of this Act. All
such offices and agencies so created | 9 | | and established , together with the Illinois Public Employment | 10 | | offices, shall constitute the
State
employment
service within | 11 | | the meaning of this Act. The Department of Employment
Security | 12 | | and the
Director thereof may continue to be the State agency | 13 | | for cooperation with
the United States Employment Service under | 14 | | an Act of Congress entitled "An
Act to provide for the | 15 | | establishment of a national employment system and
for | 16 | | cooperation with the States in the promotion of such system, | 17 | | and for
other purposes," approved June 6, 1933, as amended.
| 18 | | The Director may cooperate with or enter into agreements | 19 | | with the
Railroad Retirement Board with respect to the | 20 | | establishment, maintenance,
and use of free employment service | 21 | | facilities. For the purpose
of
establishing and maintaining | 22 | | free public employment offices, the
Director
is authorized to | 23 | | enter into agreements with the Railroad Retirement Board,
or | 24 | | any other agency of the United States charged with the | 25 | | administration of
an unemployment compensation law, or with any | 26 | | political subdivision of this
State, and as a part of any such |
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| 1 | | agreement the Director may accept moneys,
services, or quarters | 2 | | as a contribution, to be treated in the same manner
as funds | 3 | | received pursuant to Section 2103.
| 4 | | Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of the | 5 | | general election
law of the State, the Director shall make | 6 | | unemployment offices available
for use as temporary places of | 7 | | registration. Registration within the offices
shall be in the | 8 | | most public, orderly, and convenient portions thereof, and
| 9 | | Sections 4-3, 5-3, and 11-4 of the general election law | 10 | | relative to the
attendance of police
officers during the | 11 | | conduct of registration shall apply. Registration under
this | 12 | | Section shall be made in the manner provided by Sections 4-8, | 13 | | 4-10,
5-7, 5-9, 6-34, 6-35, and 6-37 of the general election | 14 | | law. Employees of
the Department in those offices are eligible | 15 | | to serve as deputy
registrars.
| 16 | | (Source: P.A. 90-372, eff. 7-1-98.)
| 17 | | (820 ILCS 405/1801.1)
| 18 | | Sec. 1801.1. Directory of New Hires.
| 19 | | A. The Director shall establish and operate an automated | 20 | | directory of newly
hired employees which shall be known as the | 21 | | "Illinois Directory of New Hires"
which shall contain the | 22 | | information required to be reported by employers to the
| 23 | | Department under subsection B.
In the administration of the | 24 | | Directory, the Director
shall comply with any requirements | 25 | | concerning the Employer New Hire Reporting
Program established |
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| 1 | | by the
federal Personal Responsibility and Work
Opportunity | 2 | | Reconciliation
Act of 1996. The Director is authorized to use | 3 | | the information contained in
the Directory of New Hires to | 4 | | administer any of the provisions of this Act.
| 5 | | B. Each On and after October 1, 1997,
each employer in | 6 | | Illinois, except a department, agency, or
instrumentality of | 7 | | the United States, shall file with the Department a report
in | 8 | | accordance with rules adopted by the Department (but
in any | 9 | | event not later
than 20 days after the date the employer hires | 10 | | the employee or, in the case of
an employer transmitting | 11 | | reports magnetically or electronically, by 2 monthly
| 12 | | transmissions, if necessary, not less than 12 days nor more | 13 | | than 16 days apart)
providing
the following information | 14 | | concerning each newly hired employee: the
employee's name, | 15 | | address, and social security number, the date services for | 16 | | remuneration were first performed by the employee, and the | 17 | | employer's name,
address, Federal Employer Identification | 18 | | Number assigned under Section 6109 of
the Internal Revenue Code | 19 | | of 1986, and such other information
as may be required by | 20 | | federal law or regulation,
provided that each employer may | 21 | | voluntarily file the
date of new hire, and the address to which | 22 | | the employer wants income
withholding orders to be mailed, if | 23 | | it is different from the address given on
the Federal Employer | 24 | | Identification Number. An
employer in Illinois which transmits | 25 | | its reports electronically or
magnetically and which also has | 26 | | employees in another state may report all
newly hired employees |
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| 1 | | to a single designated state in which the employer has
| 2 | | employees if it has so notified the Secretary of the United | 3 | | States Department
of Health and Human Services in writing.
An | 4 | | employer may, at its option, submit information regarding
any | 5 | | rehired employee in the same manner as information is submitted
| 6 | | regarding a newly hired employee.
Each report required under | 7 | | this
subsection shall , to the extent practicable, be made on an | 8 | | Internal Revenue Service Form W-4 or, at the
option of the | 9 | | employer, an equivalent form, and may be transmitted by first
| 10 | | class mail, by telefax, magnetically, or electronically.
| 11 | | C. An employer which knowingly fails to comply with the | 12 | | reporting
requirements established by this Section shall be | 13 | | subject to a civil penalty of
$15 for each individual whom it | 14 | | fails to report. An employer shall be
considered to have | 15 | | knowingly failed to comply with the reporting requirements
| 16 | | established by this Section with respect to an individual if | 17 | | the employer has
been notified by the Department that it has | 18 | | failed to report
an individual, and it fails, without | 19 | | reasonable cause, to supply the
required information to the | 20 | | Department within 21 days after the date of
mailing of the | 21 | | notice.
Any individual who knowingly conspires with the newly | 22 | | hired
employee to cause the employer
to fail to report the | 23 | | information required by this Section or who knowingly
conspires | 24 | | with the newly hired employee to cause the employer to file a | 25 | | false
or incomplete report shall be guilty of a Class B | 26 | | misdemeanor with a fine not
to exceed $500 with respect to each |
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| 1 | | employee with whom the individual so
conspires.
| 2 | | D. As used in this Section,
"newly hired employee" means an
| 3 | | individual who is an employee within the meaning of Chapter 24 | 4 | | of the Internal
Revenue Code of 1986, and whose reporting to | 5 | | work which results in earnings
from
the employer is the first | 6 | | instance within the preceding 180 days that the
individual has | 7 | | reported for work
for which earnings were received
from that | 8 | | employer; however, "newly hired employee" does not
include
an | 9 | | employee of a federal or State agency performing intelligence | 10 | | or
counterintelligence functions, if the head of that agency | 11 | | has determined that
the filing of the report required by this | 12 | | Section with respect to the employee
could endanger the safety | 13 | | of
the employee
or compromise an ongoing investigation or
| 14 | | intelligence mission.
| 15 | | Notwithstanding Section 205, and for the purposes of this | 16 | | Section only, the
term "employer" has the meaning given by | 17 | | Section 3401(d) of the Internal
Revenue Code of 1986 and | 18 | | includes any governmental entity and labor
organization as | 19 | | defined by Section 2(5) of the National Labor Relations Act,
| 20 | | and includes any entity (also known as a hiring hall) which is | 21 | | used by the
organization and an employer to carry out the | 22 | | requirements described in Section
8(f)(3) of that Act of an | 23 | | agreement between the organization and the
employer.
| 24 | | (Source: P.A. 90-425, eff. 8-15-97.)
| 25 | | (820 ILCS 405/1900) (from Ch. 48, par. 640)
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| 1 | | Sec. 1900. Disclosure of information.
| 2 | | A. Except as provided in this Section, information obtained | 3 | | from any
individual or employing unit during the administration | 4 | | of this Act shall:
| 5 | | 1. be confidential,
| 6 | | 2. not be published or open to public inspection,
| 7 | | 3. not be used in any court in any pending action or | 8 | | proceeding,
| 9 | | 4. not be admissible in evidence in any action or | 10 | | proceeding other than
one arising out of this Act.
| 11 | | B. No finding, determination, decision, ruling or order | 12 | | (including
any finding of fact, statement or conclusion made | 13 | | therein) issued pursuant
to this Act shall be admissible or | 14 | | used in evidence in any action other than
one arising out of | 15 | | this Act, nor shall it be binding or conclusive except
as | 16 | | provided in this Act, nor shall it constitute res judicata, | 17 | | regardless
of whether the actions were between the same or | 18 | | related parties or involved
the same facts.
| 19 | | C. Any officer or employee of this State, any officer or | 20 | | employee of any
entity authorized to obtain information | 21 | | pursuant to this Section, and any
agent of this State or of | 22 | | such entity
who, except with authority of
the Director under | 23 | | this Section, shall disclose information shall be guilty
of a | 24 | | Class B misdemeanor and shall be disqualified from holding any
| 25 | | appointment or employment by the State.
| 26 | | D. An individual or his duly authorized agent may be |
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| 1 | | supplied with
information from records only to the extent | 2 | | necessary for the proper
presentation of his claim for benefits | 3 | | or with his existing or prospective
rights to benefits. | 4 | | Discretion to disclose this information belongs
solely to the | 5 | | Director and is not subject to a release or waiver by the
| 6 | | individual.
Notwithstanding any other provision to the | 7 | | contrary, an individual or his or
her duly authorized agent may | 8 | | be supplied with a statement of the amount of
benefits paid to | 9 | | the individual during the 18 months preceding the date of his
| 10 | | or her request.
| 11 | | E. An employing unit may be furnished with information, | 12 | | only if deemed by
the Director as necessary to enable it to | 13 | | fully discharge its obligations or
safeguard its rights under | 14 | | the Act. Discretion to disclose this information
belongs solely | 15 | | to the Director and is not subject to a release or waiver by | 16 | | the
employing unit.
| 17 | | F. The Director may furnish any information that he may | 18 | | deem proper to
any public officer or public agency of this or | 19 | | any other State or of the
federal government dealing with:
| 20 | | 1. the administration of relief,
| 21 | | 2. public assistance,
| 22 | | 3. unemployment compensation,
| 23 | | 4. a system of public employment offices,
| 24 | | 5. wages and hours of employment, or
| 25 | | 6. a public works program.
| 26 | | The Director may make available to the Illinois Workers' |
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| 1 | | Compensation Commission
information regarding employers for | 2 | | the purpose of verifying the insurance
coverage required under | 3 | | the Workers' Compensation Act and Workers'
Occupational | 4 | | Diseases Act.
| 5 | | G. The Director may disclose information submitted by the | 6 | | State or any
of its political subdivisions, municipal | 7 | | corporations, instrumentalities,
or school or community | 8 | | college districts, except for information which
specifically | 9 | | identifies an individual claimant.
| 10 | | H. The Director shall disclose only that information | 11 | | required to be
disclosed under Section 303 of the Social | 12 | | Security Act, as amended, including:
| 13 | | 1. any information required to be given the United | 14 | | States Department of
Labor under Section 303(a)(6); and
| 15 | | 2. the making available upon request to any agency of | 16 | | the United States
charged with the administration of public | 17 | | works or assistance through
public employment, the name, | 18 | | address, ordinary occupation and employment
status of each | 19 | | recipient of unemployment compensation, and a statement of
| 20 | | such recipient's right to further compensation under such | 21 | | law as required
by Section 303(a)(7); and
| 22 | | 3. records to make available to the Railroad Retirement | 23 | | Board as
required by Section 303(c)(1); and
| 24 | | 4. information that will assure reasonable cooperation | 25 | | with every agency
of the United States charged with the | 26 | | administration of any unemployment
compensation law as |
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| 1 | | required by Section 303(c)(2); and
| 2 | | 5. information upon request and on a reimbursable basis | 3 | | to the United
States Department of Agriculture and to any | 4 | | State food stamp agency
concerning any information | 5 | | required to be furnished by Section 303(d); and
| 6 | | 6. any wage information upon request and on a | 7 | | reimbursable basis
to any State or local child support | 8 | | enforcement agency required by
Section 303(e); and
| 9 | | 7. any information required under the income | 10 | | eligibility and
verification system as required by Section | 11 | | 303(f); and
| 12 | | 8. information that might be useful in locating an | 13 | | absent parent or that
parent's employer, establishing | 14 | | paternity or establishing, modifying, or
enforcing child | 15 | | support orders
for the purpose of a child support | 16 | | enforcement program
under Title IV of the Social Security | 17 | | Act upon the request of
and on a reimbursable basis to
the | 18 | | public
agency administering the Federal Parent Locator | 19 | | Service as required by
Section 303(h); and
| 20 | | 9. information, upon request, to representatives of | 21 | | any federal, State
or local governmental public housing | 22 | | agency with respect to individuals who
have signed the | 23 | | appropriate consent form approved by the Secretary of | 24 | | Housing
and Urban Development and who are applying for or | 25 | | participating in any housing
assistance program | 26 | | administered by the United States Department of Housing and
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| 1 | | Urban Development as required by Section 303(i).
| 2 | | I. The Director, upon the request of a public agency of | 3 | | Illinois, of the
federal government or of any other state | 4 | | charged with the investigation or
enforcement of Section 10-5 | 5 | | of the Criminal Code of 1961 (or a similar
federal law or | 6 | | similar law of another State), may furnish the public agency
| 7 | | information regarding the individual specified in the request | 8 | | as to:
| 9 | | 1. the current or most recent home address of the | 10 | | individual, and
| 11 | | 2. the names and addresses of the individual's | 12 | | employers.
| 13 | | J. Nothing in this Section shall be deemed to interfere | 14 | | with the
disclosure of certain records as provided for in | 15 | | Section 1706 or with the
right to make available to the | 16 | | Internal Revenue Service of the United
States Department of the | 17 | | Treasury, or the Department of Revenue of the
State of | 18 | | Illinois, information obtained under this Act.
| 19 | | K. The Department shall make available to the Illinois | 20 | | Student Assistance
Commission, upon request, information in | 21 | | the possession of the Department that
may be necessary or | 22 | | useful to the
Commission in the collection of defaulted or | 23 | | delinquent student loans which
the Commission administers.
| 24 | | L. The Department shall make available to the State | 25 | | Employees'
Retirement System, the State Universities | 26 | | Retirement System, and the
Teachers' Retirement System of the |
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| 1 | | State of Illinois , and the Department of Central Management | 2 | | Services, Risk Management Division , upon request,
information | 3 | | in the possession of the Department that may be necessary or | 4 | | useful
to the System or the Risk Management Division for the | 5 | | purpose of determining whether any recipient of a
disability | 6 | | benefit from the System or a workers' compensation benefit from | 7 | | the Risk Management Division is gainfully employed.
| 8 | | M. This Section shall be applicable to the information | 9 | | obtained in the
administration of the State employment service, | 10 | | except that the Director
may publish or release general labor | 11 | | market information and may furnish
information that he may deem | 12 | | proper to an individual, public officer or
public agency of | 13 | | this or any other State or the federal government (in
addition | 14 | | to those public officers or public agencies specified in this
| 15 | | Section) as he prescribes by Rule.
| 16 | | N. The Director may require such safeguards as he deems | 17 | | proper to insure
that information disclosed pursuant to this | 18 | | Section is used only for the
purposes set forth in this | 19 | | Section.
| 20 | | O. Nothing in this Section prohibits communication with an | 21 | | individual or entity through unencrypted e-mail or other | 22 | | unencrypted electronic means as long as the communication does | 23 | | not contain the individual's or entity's name in combination | 24 | | with any one or more of the individual's or entity's social | 25 | | security number; driver's license or State identification | 26 | | number; account number or credit or debit card number; or any |
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| 1 | | required security code, access code, or password that would | 2 | | permit access to further information pertaining to the | 3 | | individual or entity (Blank) .
| 4 | | P. Within 30 days after the effective date of this | 5 | | amendatory Act of 1993
and annually thereafter, the Department | 6 | | shall provide to the Department of
Financial Institutions a | 7 | | list of individuals or entities that, for the most
recently | 8 | | completed calendar year, report to the Department as paying | 9 | | wages to
workers. The lists shall be deemed confidential and | 10 | | may not be disclosed to
any other person.
| 11 | | Q. The Director shall make available to an elected federal
| 12 | | official the name and address of an individual or entity that | 13 | | is located within
the jurisdiction from which the official was | 14 | | elected and that, for the most
recently completed calendar | 15 | | year, has reported to the Department as paying
wages to | 16 | | workers, where the information will be used in connection with | 17 | | the
official duties of the official and the official requests | 18 | | the information in
writing, specifying the purposes for which | 19 | | it will be used.
For purposes of this subsection, the use of | 20 | | information in connection with the
official duties of an | 21 | | official does not include use of the information in
connection | 22 | | with the solicitation of contributions or expenditures, in | 23 | | money or
in kind, to or on behalf of a candidate for public or | 24 | | political office or a
political party or with respect to a | 25 | | public question, as defined in Section 1-3
of the Election | 26 | | Code, or in connection with any commercial solicitation. Any
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| 1 | | elected federal official who, in submitting a request for | 2 | | information
covered by this subsection, knowingly makes a false | 3 | | statement or fails to
disclose a material fact, with the intent | 4 | | to obtain the information for a
purpose not authorized by this | 5 | | subsection, shall be guilty of a Class B
misdemeanor.
| 6 | | R. The Director may provide to any State or local child | 7 | | support
agency, upon request and on a reimbursable basis, | 8 | | information that might be
useful in locating an absent parent | 9 | | or that parent's employer, establishing
paternity, or | 10 | | establishing, modifying, or enforcing child support orders.
| 11 | | S. The Department shall make available to a State's | 12 | | Attorney of this
State or a State's Attorney's investigator,
| 13 | | upon request, the current address or, if the current address is
| 14 | | unavailable, current employer information, if available, of a | 15 | | victim of
a felony or a
witness to a felony or a person against | 16 | | whom an arrest warrant is
outstanding.
| 17 | | T. The Director shall make available to the Department of | 18 | | State Police, a county sheriff's office, or a municipal police | 19 | | department, upon request, any information concerning the | 20 | | current address and place of employment or former places of | 21 | | employment of a person who is required to register as a sex | 22 | | offender under the Sex Offender Registration Act that may be | 23 | | useful in enforcing the registration provisions of that Act.
| 24 | | (Source: P.A. 96-420, eff. 8-13-09.)
| 25 | | (820 ILCS 405/2100) (from Ch. 48, par. 660)
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| 1 | | Sec. 2100. Handling of funds - Bond - Accounts.
| 2 | | A. All contributions
and payments in lieu of contributions | 3 | | collected under this Act, including but
not limited to fund | 4 | | building receipts and receipts attributable to the surcharge | 5 | | established pursuant to Section 1506.5, together
with any | 6 | | interest thereon; all penalties collected pursuant to this Act; | 7 | | any
property or securities acquired through the use thereof; | 8 | | all moneys advanced
to this State's account in the unemployment | 9 | | trust fund pursuant to the
provisions
of Title XII of the | 10 | | Social Security Act, as amended; all moneys directed for
| 11 | | transfer from the Master Bond Fund or the Title XII Interest | 12 | | Fund to this State's account in the unemployment
trust fund;
| 13 | | all moneys received
from the Federal government as | 14 | | reimbursements pursuant to Section 204 of
the Federal-State | 15 | | Extended Unemployment Compensation Act of 1970, as amended;
all | 16 | | moneys credited to this State's account in the unemployment | 17 | | trust fund
pursuant to Section 903 of the Federal Social | 18 | | Security Act, as amended;
all administrative fees collected | 19 | | from individuals pursuant to Section 900 or from employing | 20 | | units pursuant to Section 2206.1; and all earnings of such | 21 | | property or securities and any interest earned
upon any such | 22 | | moneys shall be paid or turned over to and held by the | 23 | | Director,
as ex-officio custodian of
the clearing account, the | 24 | | unemployment trust fund account and the benefit
account, and by | 25 | | the State Treasurer, as ex-officio custodian of the special
| 26 | | administrative account, separate
and apart from all public |
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| 1 | | moneys or funds of this State, as hereinafter
provided. Such | 2 | | moneys shall be administered by the Director exclusively
for | 3 | | 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 official | 8 | | bond for the
faithful performance of his duties in connection | 9 | | with the moneys in the
special administrative account provided | 10 | | for under
this Act. Such liability on his official bond shall | 11 | | exist in addition to
the liability upon any separate bond given | 12 | | by him. All sums recovered for
losses sustained by the account | 13 | | shall be
deposited in that account.
| 14 | | The Director shall be liable on his general official bond | 15 | | for the faithful
performance of his duties in connection with | 16 | | the moneys in the clearing
account, the benefit account and | 17 | | unemployment trust fund account provided
for under this Act. | 18 | | Such liability on his official bond shall exist in
addition to | 19 | | the liability upon any separate bond given by him. All sums
| 20 | | recovered for losses sustained by any one of the accounts shall | 21 | | be deposited
in the account that sustained such loss.
| 22 | | The Treasurer shall maintain for such moneys a special
| 23 | | administrative account. The Director shall
maintain for such | 24 | | moneys 3 separate accounts: a clearing account,
a benefit | 25 | | account and an unemployment trust fund account. All moneys | 26 | | payable
under this Act (except moneys requisitioned from this |
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| 1 | | State's account in
the unemployment trust fund and deposited in | 2 | | the benefit account and moneys directed for deposit into the | 3 | | Special Programs Fund provided for under Section 2107), | 4 | | including
but not limited to moneys directed for transfer from | 5 | | the Master
Bond Fund or the Title XII Interest Fund to this | 6 | | State's account in the unemployment trust fund,
upon
receipt | 7 | | thereof by the Director, shall be immediately deposited in the
| 8 | | clearing account;
provided, however, that, except as is | 9 | | otherwise provided in this Section,
interest and penalties | 10 | | shall not be deemed a part of the clearing account
but shall be | 11 | | transferred immediately upon clearance thereof to the special
| 12 | | administrative account; further provided that an amount not to | 13 | | exceed $90,000,000 in payments attributable to the surcharge | 14 | | established pursuant to Section 1506.5, including any interest | 15 | | thereon, shall not be deemed a part of the clearing account but | 16 | | shall be transferred immediately upon clearance thereof to the | 17 | | Title XII Interest Fund.
| 18 | | After clearance thereof, all other moneys in the clearing | 19 | | account shall
be immediately deposited by the Director with the
| 20 | | Secretary of the Treasury of the United States of America to | 21 | | the credit
of the account of this State in the unemployment | 22 | | trust fund, established
and maintained pursuant to the Federal | 23 | | Social Security Act, as amended,
except fund building receipts, | 24 | | which shall be deposited into the Master Bond
Fund.
The benefit | 25 | | account shall consist of all moneys requisitioned from this
| 26 | | State's account in the unemployment trust fund. The moneys in |
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| 1 | | the benefit
account shall be expended in accordance with | 2 | | regulations prescribed by the
Director and solely for the | 3 | | payment of benefits, refunds of contributions,
interest and | 4 | | penalties under the provisions of the Act, the payment of
| 5 | | health insurance in accordance with Section 410 of this Act, | 6 | | and the transfer
or payment of funds to any Federal or State | 7 | | agency pursuant to reciprocal
arrangements entered into by the | 8 | | Director under the provisions of Section
2700E, except that | 9 | | moneys credited to this State's account in the unemployment
| 10 | | trust fund pursuant to Section 903 of the Federal Social | 11 | | Security Act, as
amended, shall be used exclusively as provided | 12 | | in subsection B. For purposes
of this Section only, to the | 13 | | extent allowed by applicable legal
requirements, the
payment of | 14 | | benefits includes but is not limited to the payment of | 15 | | principal on
any bonds issued
pursuant to the Illinois | 16 | | Unemployment Insurance Trust Fund Financing Act,
exclusive of | 17 | | any
interest or administrative expenses in connection with the | 18 | | bonds. The
Director
shall, from time to time, requisition from | 19 | | the unemployment trust fund such
amounts, not exceeding the | 20 | | amounts standing to the State's account therein,
as he deems | 21 | | necessary solely for the payment of such benefits, refunds,
and | 22 | | funds, for a reasonable future period. The Director, as | 23 | | ex-officio
custodian of the benefit account, which shall be | 24 | | kept separate and apart
from all other public moneys, shall | 25 | | issue payment of
such benefits, refunds, health insurance and | 26 | | funds solely from the moneys so
received
into the benefit |
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| 1 | | account. However, after January 1, 1987, no payment shall
be | 2 | | drawn on such benefit account unless at the time of drawing | 3 | | there is
sufficient money in the account to make the payment. | 4 | | The Director shall
retain in the clearing account
an amount of | 5 | | interest and
penalties equal to the amount of
interest and | 6 | | penalties to be refunded from the benefit account. After
| 7 | | clearance thereof, the amount so retained shall be immediately | 8 | | deposited
by the Director, as are all other moneys in the | 9 | | clearing account,
with the Secretary of the Treasury of the | 10 | | United States. If, at any
time, an insufficient amount of | 11 | | interest and penalties is available for
retention in the | 12 | | clearing account, no refund of interest or penalties
shall be | 13 | | made from the benefit account until a sufficient amount is
| 14 | | available for retention and is so retained, or until the State
| 15 | | Treasurer, upon the direction of the Director, transfers to the | 16 | | Director
a sufficient amount from the special administrative | 17 | | account, for
immediate deposit in the benefit account.
| 18 | | Any balance of moneys requisitioned from the unemployment | 19 | | trust fund
which remains unclaimed or unpaid in the benefit | 20 | | account
after the expiration of the period for which such sums | 21 | | were
requisitioned
shall either be deducted from estimates of | 22 | | and may be utilized for authorized
expenditures during | 23 | | succeeding periods, or, in the discretion of the
Director, | 24 | | shall be redeposited with the Secretary of the Treasury of the
| 25 | | United States to the credit of the State's account in the | 26 | | unemployment
trust fund.
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| 1 | | Moneys in the clearing, benefit and special administrative | 2 | | accounts
shall not be commingled with other State funds but | 3 | | they shall be
deposited as required by law and maintained in | 4 | | separate accounts on the
books of a savings and loan | 5 | | association or bank.
| 6 | | No bank or savings and loan association shall receive | 7 | | public funds as
permitted by this Section, unless it has | 8 | | complied with the requirements
established pursuant to Section | 9 | | 6 of "An Act relating to certain investments
of public funds by | 10 | | public agencies", approved July 23, 1943, as now or
hereafter
| 11 | | amended.
| 12 | | B. Moneys credited to the account of this State in the | 13 | | unemployment
trust fund by the Secretary of the Treasury of the | 14 | | United States
pursuant to Section 903 of the Social Security | 15 | | Act may be
requisitioned from this State's account and used as | 16 | | authorized by
Section 903. Any interest required to be paid on | 17 | | advances
under Title XII of the Social Security Act shall be | 18 | | paid in a timely manner
and shall not be paid, directly or | 19 | | indirectly, by an equivalent reduction
in contributions or | 20 | | payments in lieu of contributions from amounts in this
State's | 21 | | account in the unemployment trust fund. Such moneys may be
| 22 | | requisitioned and used for the payment of expenses incurred for | 23 | | the
administration of this Act, but only pursuant to a specific
| 24 | | appropriation by the General Assembly and only if the expenses | 25 | | are
incurred and the moneys are requisitioned after the | 26 | | enactment of an
appropriation law which:
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| 1 | | 1. Specifies the purpose or purposes for which such | 2 | | moneys are
appropriated and the amount or amounts | 3 | | appropriated therefor;
| 4 | | 2. Limits the period within which such moneys may be | 5 | | obligated to a
period ending not more than 2 years after | 6 | | the date of the enactment of
the appropriation law; and
| 7 | | 3. Limits the amount which may be obligated during any | 8 | | fiscal year
to an amount which does not exceed the amount | 9 | | by which (a) the aggregate
of the amounts transferred to | 10 | | the account of this State
pursuant to Section
903 of the | 11 | | Social Security Act exceeds (b) the aggregate of the | 12 | | amounts used
by this State pursuant to
this Act and charged | 13 | | against the amounts transferred to the account of this
| 14 | | State.
| 15 | | For purposes of paragraph (3) above, amounts obligated for
| 16 | | administrative purposes pursuant to an appropriation shall be | 17 | | chargeable
against transferred amounts at the exact time the | 18 | | obligation is entered
into. The appropriation, obligation, and | 19 | | expenditure or other disposition
of money appropriated under | 20 | | this subsection shall be accounted for in
accordance with | 21 | | standards established by the United States Secretary of Labor.
| 22 | | Moneys appropriated as provided herein for the payment of | 23 | | expenses of
administration shall be requisitioned by the | 24 | | Director as needed for the
payment of obligations incurred | 25 | | under such appropriation. Upon
requisition,
such moneys shall | 26 | | be deposited with the State Treasurer, who shall hold
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| 1 | | moneys, as ex-officio custodian thereof, in accordance with the
| 2 | | requirements of Section 2103 and, upon the direction of the | 3 | | Director,
shall make payments therefrom pursuant to such | 4 | | appropriation. Moneys so
deposited shall, until expended, | 5 | | remain a part of the unemployment trust
fund and, if any will | 6 | | not be expended, shall be returned promptly to the
account of | 7 | | this State in the unemployment trust fund.
| 8 | | C. The Governor is authorized to apply to the United States
| 9 | | Secretary of Labor for an advance or advances to this State's | 10 | | account in
the unemployment trust fund pursuant to the | 11 | | conditions set forth in
Title XII of the Federal Social | 12 | | Security Act, as amended. The amount of
any such advance may be | 13 | | repaid from this State's account in the
unemployment trust | 14 | | fund. | 15 | | D. The Director shall annually on or before the first day | 16 | | of March report in writing to the Employment Security Advisory | 17 | | Board concerning the deposits into and expenditures from this | 18 | | State's account in the Unemployment Trust Fund.
| 19 | | (Source: P.A. 97-1, eff. 3-31-11.)
| 20 | | (820 ILCS 405/2203) (from Ch. 48, par. 683)
| 21 | | Sec. 2203.
Service
of notice-Place of hearing-By whom | 22 | | conducted.
| 23 | | Whenever service of notice is required by Sections 2200 or | 24 | | 2201, such
notice shall be deemed to have been served when | 25 | | deposited with the United
States certified or registered mail |
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| 1 | | addressed to the employing unit at its
principal place of | 2 | | business, or its last known place of business or
residence, or | 3 | | may be served by any person of full age in the same manner as
is | 4 | | provided by statute for service of process in civil cases. If
| 5 | | represented by counsel in the proceedings before the Director, | 6 | | then service
of notice may be made upon such employing unit by | 7 | | mailing same to such
counsel. If agreed to by the person or | 8 | | entity entitled to notice, notice may be given and completed | 9 | | electronically, in the manner prescribed by rule, by posting | 10 | | the notice on a secure web site accessible to the person or | 11 | | entity and sending notice of the posting to the last known | 12 | | e-mail address of the person or entity. All hearings provided | 13 | | for in Sections 2200 and 2201 shall be held
in the county | 14 | | wherein the employing unit has its principal place of
business | 15 | | in this State, provided that if the employing unit has no
| 16 | | principal place of business in this State, such hearing may be | 17 | | held in Cook
County, provided, further, that such hearing may | 18 | | be held in any county
designated by the Director if the | 19 | | petitioning employing unit shall consent
thereto. The hearings | 20 | | shall be conducted by the Director or by any
full-time employee | 21 | | of the Director, selected in accordance with the
provisions of | 22 | | the "Personnel Code" enacted by the Sixty-Ninth General
| 23 | | Assembly, by him designated. Such representative so designated | 24 | | by the
Director shall have all powers given the Director by | 25 | | Sections 1000, 1002,
and 1003 of this Act.
| 26 | | (Source: Laws 1957, p. 2667.)
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| 1 | | (820 ILCS 405/2206.1) (from Ch. 48, par. 686.1)
| 2 | | Sec. 2206.1.
In addition to the remedies provided by this | 3 | | Act,
when an employing unit defaults in any payment or | 4 | | contribution required to be made to
the State under the | 5 | | provisions of this Act, the Director may request
the | 6 | | Comptroller to withhold the amount due in accordance with the
| 7 | | provisions of Section 10.05 of the State Comptroller Act and | 8 | | the Director may request the Secretary of the Treasury to | 9 | | withhold the amount due to the extent allowed by and in | 10 | | accordance with Section 6402(f) of the federal Internal Revenue | 11 | | Code of 1986, as amended . Where the Director requests | 12 | | withholding by the Secretary of the Treasury pursuant to this | 13 | | Section, in addition to the amount of the payment otherwise | 14 | | owed by the employing unit, the employing unit shall be liable | 15 | | for any legally authorized administrative fee assessed by the | 16 | | Secretary, with such fee to be added to the amount to be | 17 | | withheld by the Secretary.
| 18 | | (Source: P.A. 83-1.)
| 19 | | (820 ILCS 405/2405 new) | 20 | | Sec. 2405. Process; failure to file reports or make | 21 | | payments. The process available to the Department of Revenue | 22 | | pursuant to Section 3-7 of the Uniform Penalty and Interest Act | 23 | | with respect to an unpaid trust tax, interest, or penalties | 24 | | shall be available to the Department of Employment Security |
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| 1 | | with respect to unpaid contributions, payments in lieu of | 2 | | contributions, penalties, and interest due pursuant to this Act | 3 | | where any officer or employee of the employer who has the | 4 | | control, supervision, or responsibility of filing wage or | 5 | | contribution reports and making payment of contributions or | 6 | | payments in lieu of contributions pursuant to this Act | 7 | | willfully fails to file the report or make the payment or | 8 | | willfully attempts in any other manner to evade or defeat a | 9 | | liability pursuant to this Act. For purposes of this Section, | 10 | | references to the Department or Director of Revenue in Section | 11 | | 3-7 of the Uniform Penalty and Interest Act shall be deemed to | 12 | | be references to the Department or Director of Employment | 13 | | Security. Procedures for protest and review of a notice of | 14 | | penalty liability under this Section shall be the same as those | 15 | | prescribed for protest and review of a determination and | 16 | | assessment under Section 2200.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.".
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