Full Text of SB1899 101st General Assembly
SB1899ham001 101ST GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 5/16/2019
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| 1 | | AMENDMENT TO SENATE BILL 1899
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1899 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 7 as follows:
| 6 | | (20 ILCS 1015/7) (from Ch. 48, par. 183)
| 7 | | Sec. 7.
No fee or compensation shall be charged or received | 8 | | directly or
indirectly from persons applying for employment or | 9 | | help through said free
employment offices, and any officer or | 10 | | employee of the Department of
Employment Security who shall | 11 | | accept, directly or indirectly any fee or
compensation from any | 12 | | applicant or from his or her representative shall be
guilty of | 13 | | a Class C misdemeanor, except that this Section does not | 14 | | prohibit referral of an individual to an apprenticeship program | 15 | | that is approved by and registered with the United States | 16 | | Department of Labor, Bureau of Apprenticeship and Training and |
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| 1 | | charges an application fee of $50 or less. This Section does | 2 | | not prohibit the Department from attending or promoting hiring | 3 | | events hosted by someone other than the Department, at which an | 4 | | admission fee is charged, if neither the Department nor | 5 | | employees of the Department receive any portion of the fee in | 6 | | connection with the event.
| 7 | | (Source: P.A. 98-1133, eff. 12-23-14.)
| 8 | | Section 10. The State Tax Lien Registration Act is amended | 9 | | by changing Section 1-5 as follows: | 10 | | (35 ILCS 750/1-5)
| 11 | | Sec. 1-5. Purpose. | 12 | | (a) The purpose of this Act is to provide a uniform | 13 | | statewide system for filing notices of tax liens that are in | 14 | | favor of or enforced by the Department or the Department of | 15 | | Employment Security . The Department shall maintain the system. | 16 | | (b) The scope of this Act is limited to tax liens in real | 17 | | property and personal property, tangible and intangible, of | 18 | | taxpayers or other persons or entities against whom the | 19 | | Department or the Department of Employment Security has liens | 20 | | pursuant to law for unpaid final tax liabilities administered | 21 | | by the Department . | 22 | | (c) Nothing in this Act shall be construed to invalidate | 23 | | any lien filed by the Department with a county recorder of | 24 | | deeds prior to January 1, 2018 or by the Department of |
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| 1 | | Employment Security prior to January 1, 2020 to the effective | 2 | | date of this Act .
| 3 | | (Source: P.A. 100-22, eff. 1-1-18 .) | 4 | | Section 15. The Unemployment Insurance Act is amended by | 5 | | changing Sections 401, 403, 1505, 1506.6, 2401, and 2402 and by | 6 | | adding Section 2401.1 as follows: | 7 | | (820 ILCS 405/401) (from Ch. 48, par. 401) | 8 | | Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
| 9 | | A. With respect to any week beginning in a benefit year | 10 | | beginning prior to January 4, 2004, an
individual's weekly | 11 | | benefit amount shall be an amount equal to the weekly
benefit | 12 | | amount as defined in the provisions of this Act as amended and | 13 | | in effect on November 18, 2011.
| 14 | | B. 1.
With respect to any benefit year beginning on or | 15 | | after January 4, 2004 and
before January 6, 2008, an | 16 | | individual's weekly benefit amount shall be 48% of
his or her | 17 | | prior average weekly wage, rounded (if not already a multiple | 18 | | of one
dollar) to the next higher dollar; provided, however, | 19 | | that the weekly benefit
amount cannot exceed the maximum weekly | 20 | | benefit amount and cannot be less than
$51. Except as otherwise | 21 | | provided in this Section, with respect to any benefit year | 22 | | beginning on or after January 6, 2008, an
individual's weekly | 23 | | benefit amount shall be 47% of his or her prior average
weekly | 24 | | wage, rounded (if not already a multiple of one dollar) to the |
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| 1 | | next
higher dollar; provided, however, that the weekly benefit | 2 | | amount cannot exceed
the maximum weekly benefit amount and | 3 | | cannot be less than $51.
With respect to any benefit year | 4 | | beginning in calendar year 2022 2020 , an individual's weekly | 5 | | benefit amount shall be 40.6% 40.3% of his or her prior average | 6 | | weekly wage, rounded (if not already a multiple of one dollar) | 7 | | to the next higher dollar; provided, however, that the weekly | 8 | | benefit amount cannot exceed the maximum weekly benefit amount | 9 | | and cannot be less than $51.
| 10 | | 2. For the purposes of this subsection:
| 11 | | An
individual's "prior average weekly wage" means the total | 12 | | wages for insured
work paid to that individual during the 2 | 13 | | calendar quarters of his base
period in which such total wages | 14 | | were highest, divided by 26. If
the quotient is not already a | 15 | | multiple of one dollar, it shall be
rounded to the nearest | 16 | | dollar; however if the quotient is equally near
2 multiples of | 17 | | one dollar, it shall be rounded to the higher multiple of
one | 18 | | dollar.
| 19 | | "Determination date" means June 1 and December 1 of each | 20 | | calendar year except that, for the purposes
of this Act only, | 21 | | there shall be no June 1 determination date in any
year.
| 22 | | "Determination period" means, with respect to each June 1 | 23 | | determination
date, the 12 consecutive calendar months ending | 24 | | on the immediately preceding
December 31 and, with respect to | 25 | | each December 1 determination date, the
12 consecutive calendar | 26 | | months ending on the immediately preceding June 30.
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| 1 | | "Benefit period" means the 12 consecutive calendar month | 2 | | period
beginning on the first day of the first calendar month | 3 | | immediately following
a determination date, except that, with | 4 | | respect to any calendar year
in which there is a June 1 | 5 | | determination date, "benefit period" shall mean
the 6 | 6 | | consecutive calendar month period beginning on the first day of | 7 | | the first
calendar month immediately following the preceding | 8 | | December 1 determination
date and the 6 consecutive calendar | 9 | | month period beginning on the first
day of the first calendar | 10 | | month immediately following the June 1 determination
date.
| 11 | | "Gross wages" means all the wages paid to individuals | 12 | | during the
determination period immediately preceding a | 13 | | determination date for
insured work, and reported to the | 14 | | Director by employers prior to the
first day of the third | 15 | | calendar month preceding that date.
| 16 | | "Covered employment" for any calendar month means the total | 17 | | number of
individuals, as determined by the Director, engaged | 18 | | in insured work at
mid-month.
| 19 | | "Average monthly covered employment" means one-twelfth of | 20 | | the sum of
the covered employment for the 12 months of a | 21 | | determination period.
| 22 | | "Statewide average annual wage" means the quotient, | 23 | | obtained by
dividing gross wages by average monthly covered | 24 | | employment for the same
determination period, rounded (if not | 25 | | already a multiple of one cent) to
the nearest cent.
| 26 | | "Statewide average weekly wage" means the quotient, |
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| 1 | | obtained by
dividing the statewide average annual wage by 52, | 2 | | rounded (if not
already a multiple of one cent) to the nearest | 3 | | cent. Notwithstanding any provision of this Section to the | 4 | | contrary, the statewide average weekly wage for any benefit | 5 | | period prior to calendar year 2012 shall be as determined by | 6 | | the provisions of this Act as amended and in effect on November | 7 | | 18, 2011. Notwithstanding any
provisions of this Section to the | 8 | | contrary, the statewide average weekly
wage for the benefit | 9 | | period of calendar year 2012 shall be $856.55 and for each | 10 | | calendar year
thereafter, the
statewide average weekly wage | 11 | | shall be the statewide
average weekly wage, as determined in | 12 | | accordance with
this sentence, for the immediately preceding | 13 | | benefit
period plus (or minus) an amount equal to the | 14 | | percentage
change in the statewide average weekly wage, as | 15 | | computed
in accordance with the first sentence of this | 16 | | paragraph,
between the 2 immediately preceding benefit | 17 | | periods,
multiplied by the statewide average weekly wage, as
| 18 | | determined in accordance with this sentence, for the
| 19 | | immediately preceding benefit period.
However, for purposes of | 20 | | the
Workers'
Compensation Act, the statewide average weekly | 21 | | wage will be computed
using June 1 and December 1 determination | 22 | | dates of each calendar year and
such determination shall not be | 23 | | subject to the limitation of the statewide average weekly wage | 24 | | as
computed in accordance with the preceding sentence of this
| 25 | | paragraph.
| 26 | | With respect to any week beginning in a benefit year |
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| 1 | | beginning prior to January 4, 2004, "maximum weekly benefit | 2 | | amount" with respect to each week beginning within a benefit | 3 | | period shall be as defined in the provisions of this Act as | 4 | | amended and in effect on November 18, 2011.
| 5 | | With respect to any benefit year beginning on or after | 6 | | January 4, 2004 and
before January 6, 2008, "maximum weekly | 7 | | benefit amount" with respect to each
week beginning within a | 8 | | benefit period means 48% of the statewide average
weekly wage, | 9 | | rounded (if not already a multiple of one dollar) to the next
| 10 | | higher dollar.
| 11 | | Except as otherwise provided in this Section, with respect | 12 | | to any benefit year beginning on or after January 6, 2008,
| 13 | | "maximum weekly benefit amount" with respect to each week | 14 | | beginning within a
benefit period means 47% of the statewide | 15 | | average weekly wage, rounded (if not
already a multiple of one | 16 | | dollar) to the next higher dollar.
| 17 | | With respect to any benefit year beginning in calendar year | 18 | | 2022 2020 , "maximum weekly benefit amount" with respect to each | 19 | | week beginning within a benefit period means 40.6% 40.3% of the | 20 | | statewide average weekly wage, rounded (if not already a | 21 | | multiple of one dollar) to the next higher dollar. | 22 | | C. With respect to any week beginning in a benefit year | 23 | | beginning prior to January 4, 2004, an individual's eligibility | 24 | | for a dependent allowance with respect to a nonworking spouse | 25 | | or one or more dependent children shall be as defined by the | 26 | | provisions of this Act as amended and in effect on November 18, |
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| 1 | | 2011.
| 2 | | With respect to any benefit year beginning on or after | 3 | | January 4, 2004 and
before January 6, 2008, an individual to | 4 | | whom benefits are payable with respect
to any week shall, in | 5 | | addition to those benefits, be paid, with respect to such
week, | 6 | | as follows: in the case of an individual with a nonworking | 7 | | spouse, 9% of
his or her prior average weekly wage, rounded (if | 8 | | not already a multiple of one
dollar) to the next higher | 9 | | dollar, provided, that the total amount payable to
the | 10 | | individual with respect to a week shall not exceed 57% of the | 11 | | statewide
average weekly wage, rounded (if not already a | 12 | | multiple of one dollar) to the
next higher dollar; and in the | 13 | | case of an individual with a dependent child or
dependent | 14 | | children, 17.2% of his or her prior average weekly wage, | 15 | | rounded (if
not already a multiple of one dollar) to the next | 16 | | higher dollar, provided that
the total amount payable to the | 17 | | individual with respect to a week shall not
exceed 65.2% of the | 18 | | statewide average weekly wage, rounded (if not already a
| 19 | | multiple of one dollar) to the next higher dollar.
| 20 | | With respect to any benefit year beginning on or after | 21 | | January 6, 2008 and before January 1, 2010, an
individual to | 22 | | whom benefits are payable with respect to any week shall, in
| 23 | | addition to those benefits, be paid, with respect to such week, | 24 | | as follows: in
the case of an individual with a nonworking | 25 | | spouse, 9% of his or her prior
average weekly wage, rounded (if | 26 | | not already a multiple of one dollar) to the
next higher |
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| 1 | | dollar, provided, that the total amount payable
to the | 2 | | individual with respect to a week shall not exceed 56% of the | 3 | | statewide
average weekly wage, rounded (if not already a | 4 | | multiple of one dollar) to the
next higher dollar; and in the | 5 | | case of an individual with a dependent child or
dependent | 6 | | children, 18.2% of his or her prior average weekly wage, | 7 | | rounded (if
not already a multiple of one dollar) to the next | 8 | | higher dollar, provided that
the total amount payable to the | 9 | | individual with respect to a week
shall not exceed 65.2% of the | 10 | | statewide average weekly wage, rounded (if not
already a | 11 | | multiple of one dollar) to the next higher dollar. | 12 | | The additional
amount paid pursuant to this subsection in | 13 | | the case of an individual with a
dependent child or dependent | 14 | | children shall be referred to as the "dependent
child | 15 | | allowance", and the percentage rate by which an individual's | 16 | | prior average weekly wage is multiplied pursuant to this | 17 | | subsection to calculate the dependent child allowance shall be | 18 | | referred to as the "dependent child allowance rate". | 19 | | Except as otherwise provided in this Section, with respect | 20 | | to any benefit year beginning on or after January 1, 2010, an | 21 | | individual to whom benefits are payable with respect to any | 22 | | week shall, in addition to those benefits, be paid, with | 23 | | respect to such week, as follows: in the case of an individual | 24 | | with a nonworking spouse, the greater of (i) 9% of his or her | 25 | | prior average weekly wage, rounded (if not already a multiple | 26 | | of one dollar) to the next higher dollar, or (ii) $15, provided |
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| 1 | | that the total amount payable to the individual with respect to | 2 | | a week shall not exceed 56% of the statewide average weekly | 3 | | wage, rounded (if not already a multiple of one dollar) to the | 4 | | next higher dollar; and in the case of an individual with a | 5 | | dependent child or dependent children, the greater of (i) the | 6 | | product of the dependent child allowance rate multiplied by his | 7 | | or her prior average weekly wage, rounded (if not already a | 8 | | multiple of one dollar) to the next higher dollar, or (ii) the | 9 | | lesser of $50 or 50% of his or her weekly benefit amount, | 10 | | rounded (if not already a multiple of one dollar) to the next | 11 | | higher dollar, provided that the total amount payable to the | 12 | | individual with respect to a week shall not exceed the product | 13 | | of the statewide average weekly wage multiplied by the sum of | 14 | | 47% plus the dependent child allowance rate, rounded (if not | 15 | | already a multiple of one dollar) to the next higher dollar. | 16 | | With respect to any benefit year beginning in calendar year | 17 | | 2022 2020 , an individual to whom benefits are payable with | 18 | | respect to any week shall, in addition to those benefits, be | 19 | | paid, with respect to such week, as follows: in the case of an | 20 | | individual with a nonworking spouse, the greater of (i) 9% of | 21 | | his or her prior average weekly wage, rounded (if not already a | 22 | | multiple of one dollar) to the next higher dollar, or (ii) $15, | 23 | | provided that the total amount payable to the individual with | 24 | | respect to a week shall not exceed 49.6% 49.3% of the statewide | 25 | | average weekly wage, rounded (if not already a multiple of one | 26 | | dollar) to the next higher dollar; and in the case of an |
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| 1 | | individual with a dependent child or dependent children, the | 2 | | greater of (i) the product of the dependent child allowance | 3 | | rate multiplied by his or her prior average weekly wage, | 4 | | rounded (if not already a multiple of one dollar) to the next | 5 | | higher dollar, or (ii) the lesser of $50 or 50% of his or her | 6 | | weekly benefit amount, rounded (if not already a multiple of | 7 | | one dollar) to the next higher dollar, provided that the total | 8 | | amount payable to the individual with respect to a week shall | 9 | | not exceed the product of the statewide average weekly wage | 10 | | multiplied by the sum of 40.6% 40.3% plus the dependent child | 11 | | allowance rate, rounded (if not already a multiple of one | 12 | | dollar) to the next higher dollar. | 13 | | With respect to each benefit year beginning after calendar | 14 | | year 2012, the
dependent child allowance rate shall be the sum | 15 | | of the allowance adjustment
applicable pursuant to Section | 16 | | 1400.1 to the calendar year in which the benefit
year begins, | 17 | | plus the dependent child
allowance rate with respect to each | 18 | | benefit year beginning in the immediately
preceding calendar | 19 | | year, except as otherwise provided in this subsection. The | 20 | | dependent
child allowance rate with respect to each benefit | 21 | | year beginning in calendar year 2010 shall be 17.9%.
The | 22 | | dependent child allowance rate with respect to each benefit | 23 | | year beginning in calendar year 2011 shall be 17.4%. The | 24 | | dependent child allowance rate with respect to each benefit | 25 | | year beginning in calendar year 2012 shall be 17.0% and, with | 26 | | respect to each benefit year beginning after calendar year |
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| 1 | | 2012, shall not be less than 17.0% or greater than 17.9%.
| 2 | | For the purposes of this subsection:
| 3 | | "Dependent" means a child or a nonworking spouse.
| 4 | | "Child" means a natural child, stepchild, or adopted child | 5 | | of an
individual claiming benefits under this Act or a child | 6 | | who is in the
custody of any such individual by court order, | 7 | | for whom the individual is
supplying and, for at least 90 | 8 | | consecutive days (or for the duration of
the parental | 9 | | relationship if it has existed for less than 90 days)
| 10 | | immediately preceding any week with respect to which the | 11 | | individual has
filed a claim, has supplied more than one-half | 12 | | the cost of support, or
has supplied at least 1/4 of the cost | 13 | | of support if the individual and
the other parent, together, | 14 | | are supplying and, during the aforesaid
period, have supplied | 15 | | more than one-half the cost of support, and are,
and were | 16 | | during the aforesaid period, members of the same household; and
| 17 | | who, on the first day of such week (a) is under 18 years of age, | 18 | | or (b)
is, and has been during the immediately preceding 90 | 19 | | days, unable to
work because of illness or other disability: | 20 | | provided, that no person
who has been determined to be a child | 21 | | of an individual who has been
allowed benefits with respect to | 22 | | a week in the individual's benefit
year shall be deemed to be a | 23 | | child of the other parent, and no other
person shall be | 24 | | determined to be a child of such other parent, during
the | 25 | | remainder of that benefit year.
| 26 | | "Nonworking spouse" means the lawful husband or wife of an |
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| 1 | | individual
claiming benefits under this Act, for whom more than | 2 | | one-half the cost
of support has been supplied by the | 3 | | individual for at least 90
consecutive days (or for the | 4 | | duration of the marital relationship if it
has existed for less | 5 | | than 90 days) immediately preceding any week with
respect to | 6 | | which the individual has filed a claim, but only if the
| 7 | | nonworking spouse is currently ineligible to receive benefits | 8 | | under this
Act by reason of the provisions of Section 500E.
| 9 | | An individual who was obligated by law to provide for the | 10 | | support of
a child or of a nonworking spouse for the aforesaid | 11 | | period of 90 consecutive
days, but was prevented by illness or | 12 | | injury from doing so, shall be deemed
to have provided more | 13 | | than one-half the cost of supporting the child or
nonworking | 14 | | spouse for that period.
| 15 | | (Source: P.A. 99-488, eff. 12-4-15; 100-568, eff. 12-15-17.)
| 16 | | (820 ILCS 405/403) (from Ch. 48, par. 403)
| 17 | | Sec. 403. Maximum total amount of benefits. | 18 | | A. With respect to
any benefit year beginning prior to | 19 | | September 30, 1979, any otherwise eligible
individual shall be | 20 | | entitled, during such benefit year, to a maximum
total amount | 21 | | of benefits as shall be determined in the manner set forth
in | 22 | | this Act as amended and in effect on November 9, 1977.
| 23 | | B. With respect to any benefit year beginning on or after | 24 | | September 30,
1979, except as otherwise provided in this | 25 | | Section, any otherwise eligible individual shall be entitled, |
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| 1 | | during such benefit
year, to a maximum total amount of benefits | 2 | | equal to 26 times his or her weekly
benefit amount plus | 3 | | dependents' allowances, or to the total wages for insured
work | 4 | | paid to such individual during the individual's base period, | 5 | | whichever
amount is smaller. With respect to any benefit year | 6 | | beginning in calendar year 2012, any otherwise eligible | 7 | | individual shall be entitled, during such benefit year, to a | 8 | | maximum total amount of benefits equal to 25 times his or her | 9 | | weekly benefit amount plus dependents' allowances, or to the | 10 | | total wages for insured work paid to such individual during the | 11 | | individual's base period, whichever amount is smaller. With | 12 | | respect to any benefit year beginning in calendar year 2022 | 13 | | 2020 , any otherwise eligible individual shall be entitled, | 14 | | during such benefit year, to a maximum total amount of benefits | 15 | | equal to 24 times his or her weekly benefit amount plus | 16 | | dependents' allowances, or to the total wages for insured work | 17 | | paid to such individual during the individual's base period, | 18 | | whichever amount is smaller.
| 19 | | (Source: P.A. 99-488, eff. 12-4-15; 100-568, eff. 12-15-17.)
| 20 | | (820 ILCS 405/1505) (from Ch. 48, par. 575)
| 21 | | Sec. 1505. Adjustment of state experience factor. The state | 22 | | experience
factor shall be adjusted in accordance with the | 23 | | following provisions:
| 24 | | A. For calendar years prior to 1988, the state experience | 25 | | factor shall be adjusted in accordance with the provisions of |
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| 1 | | this Act as amended and in effect on November 18, 2011.
| 2 | | B. (Blank).
| 3 | | C. For calendar year 1988
and each calendar year | 4 | | thereafter, for which the state
experience factor is being | 5 | | determined.
| 6 | | 1. For every $50,000,000 (or fraction thereof) by which
| 7 | | the adjusted trust fund balance falls below the target | 8 | | balance set forth in
this subsection,
the state experience | 9 | | factor for the succeeding year shall
be increased one | 10 | | percent absolute.
| 11 | | For every $50,000,000 (or fraction thereof) by which
| 12 | | the adjusted trust fund balance exceeds the target balance | 13 | | set forth in this
subsection, the
state experience factor | 14 | | for the succeeding year shall be
decreased by one percent | 15 | | absolute.
| 16 | | The target balance in each calendar year prior to 2003 | 17 | | is $750,000,000.
The
target balance in
calendar year 2003 | 18 | | is $920,000,000. The target balance in calendar year 2004 | 19 | | is
$960,000,000.
The target balance in calendar year 2005 | 20 | | and each calendar year thereafter
is
$1,000,000,000.
| 21 | | 2. For the purposes of this subsection:
| 22 | | "Net trust fund balance" is the amount standing to the
| 23 | | credit of this State's account in the unemployment trust
| 24 | | fund as of June 30 of the calendar year immediately | 25 | | preceding
the year for which a state experience factor is | 26 | | being determined.
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| 1 | | "Adjusted trust fund balance" is the net trust fund | 2 | | balance
minus the sum of the benefit reserves for fund | 3 | | building
for July 1, 1987 through June 30 of the year prior | 4 | | to the
year for which the state experience factor is being | 5 | | determined.
The adjusted trust fund balance shall not be | 6 | | less than
zero. If the preceding calculation results in a | 7 | | number
which is less than zero, the amount by which it is | 8 | | less
than zero shall reduce the sum of the benefit reserves
| 9 | | for fund building for subsequent years.
| 10 | | For the purpose of determining the state experience | 11 | | factor
for 1989 and for each calendar year thereafter, the | 12 | | following
"benefit reserves for fund building" shall apply | 13 | | for each
state experience factor calculation in which that | 14 | | 12 month
period is applicable:
| 15 | | a. For the 12 month period ending on June 30, 1988, | 16 | | the
"benefit reserve for fund building" shall be | 17 | | 8/104th of
the total benefits paid from January 1, 1988 | 18 | | through June 30, 1988.
| 19 | | b. For the 12 month period ending on June 30, 1989, | 20 | | the
"benefit reserve for fund building" shall be the | 21 | | sum of:
| 22 | | i. 8/104ths of the total benefits paid from | 23 | | July 1,
1988 through December 31, 1988, plus
| 24 | | ii. 4/108ths of the total benefits paid from | 25 | | January
1, 1989 through June 30, 1989.
| 26 | | c. For the 12 month period ending on June 30, 1990, |
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| 1 | | the
"benefit reserve for fund building" shall be | 2 | | 4/108ths of
the total benefits paid from July 1, 1989 | 3 | | through December 31, 1989.
| 4 | | d. For 1992 and for each calendar year thereafter, | 5 | | the
"benefit reserve for fund building" for the 12 | 6 | | month period
ending on June 30, 1991 and for each | 7 | | subsequent 12 month
period shall be zero.
| 8 | | 3. Notwithstanding the preceding provisions of this | 9 | | subsection,
for calendar years 1988 through 2003, the state | 10 | | experience factor shall not
be increased or decreased
by | 11 | | more than 15 percent absolute.
| 12 | | D. Notwithstanding the provisions of subsection C, the
| 13 | | adjusted state experience factor:
| 14 | | 1. Shall be 111 percent for calendar year 1988;
| 15 | | 2. Shall not be less than 75 percent nor greater than
| 16 | | 135 percent for calendar years 1989 through 2003; and shall | 17 | | not
be less than 75% nor greater than 150% for calendar | 18 | | year 2004 and each
calendar year
thereafter, not counting | 19 | | any increase pursuant to subsection D-1, D-2, or D-3;
| 20 | | 3. Shall not be decreased by more than 5 percent | 21 | | absolute for any
calendar year, beginning in calendar year | 22 | | 1989 and through calendar year
1992, by more than 6% | 23 | | absolute for calendar years 1993
through 1995, by more than | 24 | | 10% absolute for calendar years
1999 through 2003 and by | 25 | | more than 12% absolute for calendar year 2004 and
each | 26 | | calendar year thereafter, from the adjusted state
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| 1 | | experience factor of the calendar year preceding the | 2 | | calendar year for which
the adjusted state experience | 3 | | factor is being determined;
| 4 | | 4. Shall not be increased by more than 15% absolute for | 5 | | calendar year
1993, by more than 14% absolute for calendar | 6 | | years 1994 and
1995, by more than 10% absolute for calendar | 7 | | years 1999
through 2003 and by more than 16% absolute for | 8 | | calendar year 2004 and each
calendar
year
thereafter, from | 9 | | the adjusted state experience factor for the calendar year
| 10 | | preceding the calendar year for which the adjusted state | 11 | | experience factor
is being determined;
| 12 | | 5. Shall be 100% for calendar years 1996, 1997, and | 13 | | 1998.
| 14 | | D-1. The adjusted state experience factor for each of | 15 | | calendar years 2013 through 2015 shall be increased by 5% | 16 | | absolute above the adjusted state experience factor as | 17 | | calculated without regard to this subsection. The adjusted | 18 | | state experience factor for each of calendar years 2016 through | 19 | | 2018 shall be increased by 6% absolute above the adjusted state | 20 | | experience factor as calculated without regard to this | 21 | | subsection. The increase in the adjusted state experience | 22 | | factor for calendar year 2018 pursuant to this subsection shall | 23 | | not be counted for purposes of applying paragraph 3 or 4 of | 24 | | subsection D to the calculation of the adjusted state | 25 | | experience factor for calendar year 2019. | 26 | | D-2. (Blank). |
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| 1 | | D-3. The adjusted state experience factor for calendar year | 2 | | 2022 2020 shall be increased by 22% 21% absolute above the | 3 | | adjusted state experience factor as calculated without regard | 4 | | to this subsection. The increase in the adjusted state | 5 | | experience factor for calendar year 2022 2020 pursuant to this | 6 | | subsection shall not be counted for purposes of applying | 7 | | paragraph 3 or 4 of subsection D to the calculation of the | 8 | | adjusted state experience factor for calendar year 2023 2021 . | 9 | | E. The amount standing to the credit of this State's | 10 | | account in the
unemployment trust fund as of June 30 shall be | 11 | | deemed to include as part
thereof (a) any amount receivable on | 12 | | that date from any Federal
governmental agency, or as a payment | 13 | | in lieu of contributions under the
provisions of Sections 1403 | 14 | | and 1405 B and paragraph 2 of Section 302C,
in reimbursement of | 15 | | benefits paid to individuals, and (b) amounts
credited by the | 16 | | Secretary of the Treasury of the United States to this
State's | 17 | | account in the unemployment trust fund pursuant to Section 903
| 18 | | of the Federal Social Security Act, as amended, including any | 19 | | such
amounts which have been appropriated by the General | 20 | | Assembly in
accordance with the provisions of Section 2100 B | 21 | | for expenses of
administration, except any amounts which have | 22 | | been obligated on or
before that date pursuant to such | 23 | | appropriation.
| 24 | | (Source: P.A. 99-488, eff. 12-4-15; 100-568, eff. 12-15-17.)
| 25 | | (820 ILCS 405/1506.6) |
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| 1 | | Sec. 1506.6. Surcharge; specified period. For each | 2 | | employer whose contribution rate for calendar year 2022 2020 is | 3 | | determined pursuant to Section 1500 or 1506.1, in addition to | 4 | | the contribution rate established pursuant to Section 1506.3, | 5 | | an additional surcharge of 0.425% shall be added to the | 6 | | contribution rate. The surcharge established by this Section | 7 | | shall be due at the same time as other contributions with | 8 | | respect to the quarter are due, as provided in Section 1400. | 9 | | Payments attributable to the surcharge established pursuant to | 10 | | this Section shall be contributions and deposited into the | 11 | | clearing account.
| 12 | | (Source: P.A. 99-488, eff. 12-4-15; 100-568, eff. 12-15-17.)
| 13 | | (820 ILCS 405/2401) (from Ch. 48, par. 721)
| 14 | | Sec. 2401. Recording and release of lien. | 15 | | A. The lien created by Section 2400 shall be invalid only | 16 | | as to any
innocent purchaser for value of stock in trade of any | 17 | | employer in the usual
course of such employer's business, and | 18 | | shall be invalid as to any innocent
purchaser for value of any | 19 | | of the other assets to which such lien has
attached, unless , | 20 | | with respect to liens created prior to January 1, 2020, notice | 21 | | thereof has been filed by the Director in the
office of the | 22 | | recorder of the county within which the property
subject to the | 23 | | lien is situated or, with respect to liens created on or after | 24 | | January 1, 2020, notice has been filed in the Lien Registry as | 25 | | provided by Section 2401.1 . The Director may, in his |
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| 1 | | discretion, for
good cause shown, issue a certificate of | 2 | | withdrawal of notice of lien filed
against any employer, which | 3 | | certificate shall be recorded in the same
manner as herein | 4 | | provided for the recording of notice of liens. Such
withdrawal | 5 | | of notice of lien shall invalidate such lien as against any
| 6 | | person acquiring any of such employer's property or any | 7 | | interest therein,
subsequent to the recordation of the | 8 | | withdrawal of notice of lien, but
shall not otherwise affect | 9 | | the validity of such lien, nor shall it prevent
the Director | 10 | | from re-recording notice of such lien. In the event notice of
| 11 | | such lien is re-recorded, such notice shall be effective as | 12 | | against third
persons only as of the date of such | 13 | | re-recordation. Recording a lien in the Lien Registry which had | 14 | | previously been recorded by the Director with a county recorder | 15 | | of deeds shall not constitute a re-recordation of that lien and | 16 | | does not change the original filing date of such lien.
| 17 | | B. The recorder of each county shall procure at the expense | 18 | | of
the county a file labeled "Unemployment Compensation | 19 | | Contribution Lien
Notice" and an index book labeled | 20 | | "Unemployment Compensation Contribution
Lien Index." When a | 21 | | notice of any such lien is presented to him for filing,
he | 22 | | shall file it in numerical order in the file and shall enter it
| 23 | | alphabetically in the index. The entry shall show the name and | 24 | | last known
business address of the employer named in the | 25 | | notice, the serial number of
the notice, the date and hour of | 26 | | filing, and the amount of contribution,
interest and penalty |
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| 1 | | thereon due and unpaid. When a certificate of complete
or | 2 | | partial release of such lien issued by the Director is | 3 | | presented for
filing in the office of the recorder where a | 4 | | notice of lien was
filed, the recorder shall permanently attach | 5 | | the certificate of release to
the notice of lien and shall | 6 | | enter the certificate of release and the date
in the | 7 | | Unemployment Compensation Contribution Lien Index on the line | 8 | | where
the notice of lien is entered. In case title to land to | 9 | | be affected by the
Notice of Lien is registered under the | 10 | | provisions of "An Act Concerning
Land Titles", approved May 1, | 11 | | 1897, as amended, such notice shall be
filed in the office of | 12 | | the Registrar of Titles of the county within which
the property | 13 | | subject to the lien is situated and shall be entered upon the
| 14 | | register of titles as a memorial or charge upon each folium of | 15 | | the register
of title affected by such notice, and the Director | 16 | | shall not have a
preference over the rights of any bona fide | 17 | | purchaser, mortgagee, judgment
creditor or other lien holder | 18 | | arising prior to the registration of such
notice.
| 19 | | C. The Director shall have the power to issue a certificate | 20 | | of partial
release of any part of the property subject to the | 21 | | lien if he shall find
that the fair market value of that part | 22 | | of such property remaining subject
to the lien is at least | 23 | | equal to the amount of all prior liens upon such
property plus | 24 | | double the amount of the liability for contributions,
interest | 25 | | and penalties thereon remaining unsatisfied.
| 26 | | D. Where the amount of or the liability for the payment of |
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| 1 | | any
contribution, interest or penalty is contested by any | 2 | | employing unit
against whose property a lien has attached, and | 3 | | the determination of the
Director with reference to such | 4 | | contribution has not become final, the
Director may issue a | 5 | | certificate of release of lien upon the furnishing of
bond by | 6 | | such employing unit in 125% the amount of the sum of such
| 7 | | contribution, interest and penalty, for which lien is claimed, | 8 | | with good
and sufficient surety to be approved by the Director | 9 | | conditioned upon the
prompt payment of such contribution, | 10 | | together with interest and penalty
thereon, by such employing | 11 | | unit to the Director immediately upon the
decision of the | 12 | | Director in respect to the liability for such contribution,
| 13 | | interest and penalty becoming final.
| 14 | | E. When a lien filed by the Director before January 1, 2020 | 15 | | obtained pursuant to this Act has been satisfied, the
| 16 | | Department shall issue a release to the person, or his or her | 17 | | agent, against whom
the lien was obtained and such release | 18 | | shall contain in legible letters a
statement as follows:
| 19 | | FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
| 20 | | BE FILED WITH THE RECORDER OR THE REGISTRAR
| 21 | | OF TITLES, IN WHOSE OFFICE, THE LIEN WAS FILED.
| 22 | | E-1. When a lien filed by the Director in the Lien Registry | 23 | | has been satisfied, the Department shall permanently attach a | 24 | | certificate of complete or partial release, as the case may be, | 25 | | in the Lien Registry and provide notice of the release to the | 26 | | person, or his or her agent, against whom the lien was |
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| 1 | | obtained. | 2 | | F. The Director may, by rule, require, as a condition of | 3 | | withdrawing, releasing, or partially releasing a lien recorded | 4 | | pursuant to this Section, that the employer reimburse the | 5 | | Department for any recording fees paid with respect to the | 6 | | lien. | 7 | | (Source: P.A. 98-107, eff. 7-1-14; 98-1133, eff. 12-23-14.)
| 8 | | (820 ILCS 405/2401.1 new) | 9 | | Sec. 2401.1. Lien registry. | 10 | | A. As used in this Section: | 11 | | 1. "Debtor" means an employer or individual against | 12 | | whom there is an unpaid determination and assessment | 13 | | collectible by the Director. | 14 | | 2. "Lien Registry" means the public database | 15 | | maintained by the Department of Revenue as provided by the | 16 | | State Tax Lien Registration Act. | 17 | | B. A notice of lien filed by the Director in the Lien | 18 | | Registry shall include: | 19 | | 1. the name and last known address of the debtor; | 20 | | 2. the name and address of the Department; | 21 | | 3. the lien number assigned to the lien by the | 22 | | Department; | 23 | | 4. the basis for the lien, including, but not limited | 24 | | to, the amount of contribution, interest, and penalty due | 25 | | and unpaid as of the date of filing in the Lien Registry; |
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| 1 | | and | 2 | | 5. the county or counties where the real property of | 3 | | the debtor to which the lien will attach is located. | 4 | | C. When a notice of lien is filed by the Director in the | 5 | | Lien Registry, the lien is perfected and shall be attached to | 6 | | all existing and after-acquired: (1) personal property of the | 7 | | debtor, both tangible and intangible, that is located in any | 8 | | and all counties within the State of Illinois; and (2) real | 9 | | property of the debtor located in the county or counties as | 10 | | specified in the notice of lien. | 11 | | D. The amount of the lien shall be a debt due the Director | 12 | | and shall remain a lien upon all property and rights to: (1) | 13 | | personal property of the debtor, both tangible and intangible, | 14 | | that is located in any and all counties within the State of | 15 | | Illinois; and (2) real property of the debtor located in the | 16 | | county or counties as specified in the notice of lien. Interest | 17 | | and penalty shall accrue on the lien as provided by this Act. | 18 | | E. A notice of release, partial release, or withdrawal of | 19 | | lien filed in the Lien Registry shall constitute a release, | 20 | | partial release, or withdrawal, as the case may be, of the lien | 21 | | within the Department, the Lien Registry, and any county in | 22 | | which the lien was previously filed. The information contained | 23 | | on the Lien Registry shall be controlling, and the Lien | 24 | | Registry shall supersede the records of any county. | 25 | | F. Information contained in the Lien Registry shall be | 26 | | maintained and made accessible as provided by Section 1-30 of |
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| 1 | | the State Tax Lien Registration Act. | 2 | | G. Nothing in this Section shall be construed to invalidate | 3 | | any lien filed by the Department with a county recorder of | 4 | | deeds prior to the effective date of this Act. | 5 | | H. In the event of conflict between this Section and any | 6 | | other law, this Section shall control.
| 7 | | (820 ILCS 405/2402) (from Ch. 48, par. 722)
| 8 | | Sec. 2402.
Priority
of lien.
The lien created by Section | 9 | | 2400 shall be prior to all other liens,
whether general or | 10 | | specific, and shall be inferior only to any claim for
wages | 11 | | filed pursuant to "An Act to protect employees and laborers in | 12 | | their
claims for wages" approved June 15, 1887, as amended, in | 13 | | an amount not
exceeding $250.00 for work performed within six | 14 | | months from the date of
filing such claim, and to such liens as | 15 | | shall attach prior to the filing of
Notice of Lien by the | 16 | | Director with the recorder as provided in
this Act; provided, | 17 | | however, that in all cases where statutory provision
is made | 18 | | for the recordation or other public notice of a lien, the lien | 19 | | of
the Director shall be inferior only to such liens as shall | 20 | | have been duly
recorded, or of which public notice shall have | 21 | | been duly given, in the
manner provided by such statute, prior | 22 | | to the filing of notice of lien by
the Director with the | 23 | | recorder as in this Act provided.
| 24 | | (Source: P.A. 83-358.)
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| 1 | | (820 ILCS 405/1900.2 rep.) | 2 | | Section 20. The Unemployment Insurance Act is amended by | 3 | | repealing Section 1900.2.".
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