Illinois General Assembly - Full Text of HB4450
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Full Text of HB4450  102nd General Assembly

HB4450sam001 102ND GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 4/7/2022

 

 


 

 


 
10200HB4450sam001LRB102 23339 SPS 38962 a

1
AMENDMENT TO HOUSE BILL 4450

2    AMENDMENT NO. ______. Amend House Bill 4450 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unemployment Insurance Act is amended by
5changing Sections 401, 403, 703, 1505, 1506.6, and 2100 as
6follows:
 
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
10beginning prior to January 4, 2004, an individual's weekly
11benefit amount shall be an amount equal to the weekly benefit
12amount as defined in the provisions of this Act as amended and
13in effect on November 18, 2011.
14    B. 1. With respect to any benefit year beginning on or
15after January 4, 2004 and before January 6, 2008, an
16individual's weekly benefit amount shall be 48% of his or her

 

 

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1prior average weekly wage, rounded (if not already a multiple
2of one dollar) to the next higher dollar; provided, however,
3that the weekly benefit amount cannot exceed the maximum
4weekly benefit amount and cannot be less than $51. Except as
5otherwise provided in this Section, with respect to any
6benefit year beginning on or after January 6, 2008, an
7individual's weekly benefit amount shall be 47% of his or her
8prior average weekly wage, rounded (if not already a multiple
9of one dollar) to the next higher dollar; provided, however,
10that the weekly benefit amount cannot exceed the maximum
11weekly benefit amount and cannot be less than $51. With
12respect to any benefit year beginning on or after January 1,
132023 and before January 1, 2024 July 3, 2022, an individual's
14weekly benefit amount shall be 42.4% of his or her prior
15average weekly wage, rounded (if not already a multiple of one
16dollar) to the next higher dollar; provided, however, that the
17weekly benefit amount cannot exceed the maximum weekly benefit
18amount and cannot be less than $51.
19    2. For the purposes of this subsection:
20    An individual's "prior average weekly wage" means the
21total wages for insured work paid to that individual during
22the 2 calendar quarters of his base period in which such total
23wages were highest, divided by 26. If the quotient is not
24already a multiple of one dollar, it shall be rounded to the
25nearest dollar; however if the quotient is equally near 2
26multiples of one dollar, it shall be rounded to the higher

 

 

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1multiple of one dollar.
2    "Determination date" means June 1 and December 1 of each
3calendar year except that, for the purposes of this Act only,
4there shall be no June 1 determination date in any year.
5    "Determination period" means, with respect to each June 1
6determination date, the 12 consecutive calendar months ending
7on the immediately preceding December 31 and, with respect to
8each December 1 determination date, the 12 consecutive
9calendar months ending on the immediately preceding June 30.
10    "Benefit period" means the 12 consecutive calendar month
11period beginning on the first day of the first calendar month
12immediately following a determination date, except that, with
13respect to any calendar year in which there is a June 1
14determination date, "benefit period" shall mean the 6
15consecutive calendar month period beginning on the first day
16of the first calendar month immediately following the
17preceding December 1 determination date and the 6 consecutive
18calendar month period beginning on the first day of the first
19calendar month immediately following the June 1 determination
20date.
21    "Gross wages" means all the wages paid to individuals
22during the determination period immediately preceding a
23determination date for insured work, and reported to the
24Director by employers prior to the first day of the third
25calendar month preceding that date.
26    "Covered employment" for any calendar month means the

 

 

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1total number of individuals, as determined by the Director,
2engaged in insured work at mid-month.
3    "Average monthly covered employment" means one-twelfth of
4the sum of the covered employment for the 12 months of a
5determination period.
6    "Statewide average annual wage" means the quotient,
7obtained by dividing gross wages by average monthly covered
8employment for the same determination period, rounded (if not
9already a multiple of one cent) to the nearest cent.
10    "Statewide average weekly wage" means the quotient,
11obtained by dividing the statewide average annual wage by 52,
12rounded (if not already a multiple of one cent) to the nearest
13cent. Notwithstanding any provision of this Section to the
14contrary, the statewide average weekly wage for any benefit
15period prior to calendar year 2012 shall be as determined by
16the provisions of this Act as amended and in effect on November
1718, 2011. Notwithstanding any provisions of this Section to
18the contrary, the statewide average weekly wage for the
19benefit period of calendar year 2012 shall be $856.55 and for
20each calendar year thereafter, the statewide average weekly
21wage shall be the statewide average weekly wage, as determined
22in accordance with this sentence, for the immediately
23preceding benefit period plus (or minus) an amount equal to
24the percentage change in the statewide average weekly wage, as
25computed in accordance with the first sentence of this
26paragraph, between the 2 immediately preceding benefit

 

 

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1periods, multiplied by the statewide average weekly wage, as
2determined in accordance with this sentence, for the
3immediately preceding benefit period. However, for purposes of
4the Workers' Compensation Act, the statewide average weekly
5wage will be computed using June 1 and December 1
6determination dates of each calendar year and such
7determination shall not be subject to the limitation of the
8statewide average weekly wage as computed in accordance with
9the preceding sentence of this paragraph.
10    With respect to any week beginning in a benefit year
11beginning prior to January 4, 2004, "maximum weekly benefit
12amount" with respect to each week beginning within a benefit
13period shall be as defined in the provisions of this Act as
14amended and in effect on November 18, 2011.
15    With respect to any benefit year beginning on or after
16January 4, 2004 and before January 6, 2008, "maximum weekly
17benefit amount" with respect to each week beginning within a
18benefit period means 48% of the statewide average weekly wage,
19rounded (if not already a multiple of one dollar) to the next
20higher dollar.
21    Except as otherwise provided in this Section, with respect
22to any benefit year beginning on or after January 6, 2008,
23"maximum weekly benefit amount" with respect to each week
24beginning within a benefit period means 47% of the statewide
25average weekly wage, rounded (if not already a multiple of one
26dollar) to the next higher dollar.

 

 

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1    With respect to any benefit year beginning on or after
2January 1, 2023 and before January 1, 2024 July 3, 2022,
3"maximum weekly benefit amount" with respect to each week
4beginning within a benefit period means 42.4% of the statewide
5average weekly wage, rounded (if not already a multiple of one
6dollar) to the next higher dollar.
7    C. With respect to any week beginning in a benefit year
8beginning prior to January 4, 2004, an individual's
9eligibility for a dependent allowance with respect to a
10nonworking spouse or one or more dependent children shall be
11as defined by the provisions of this Act as amended and in
12effect on November 18, 2011.
13    With respect to any benefit year beginning on or after
14January 4, 2004 and before January 6, 2008, an individual to
15whom benefits are payable with respect to any week shall, in
16addition to those benefits, be paid, with respect to such
17week, as follows: in the case of an individual with a
18nonworking spouse, 9% of his or her prior average weekly wage,
19rounded (if not already a multiple of one dollar) to the next
20higher dollar, provided, that the total amount payable to the
21individual with respect to a week shall not exceed 57% of the
22statewide average weekly wage, rounded (if not already a
23multiple of one dollar) to the next higher dollar; and in the
24case of an individual with a dependent child or dependent
25children, 17.2% of his or her prior average weekly wage,
26rounded (if not already a multiple of one dollar) to the next

 

 

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1higher dollar, provided that the total amount payable to the
2individual with respect to a week shall not exceed 65.2% of the
3statewide average weekly wage, rounded (if not already a
4multiple of one dollar) to the next higher dollar.
5    With respect to any benefit year beginning on or after
6January 6, 2008 and before January 1, 2010, an individual to
7whom benefits are payable with respect to any week shall, in
8addition to those benefits, be paid, with respect to such
9week, as follows: in the case of an individual with a
10nonworking spouse, 9% of his or her prior average weekly wage,
11rounded (if not already a multiple of one dollar) to the next
12higher dollar, provided, that the total amount payable to the
13individual with respect to a week shall not exceed 56% of the
14statewide average weekly wage, rounded (if not already a
15multiple of one dollar) to the next higher dollar; and in the
16case of an individual with a dependent child or dependent
17children, 18.2% of his or her prior average weekly wage,
18rounded (if not already a multiple of one dollar) to the next
19higher dollar, provided that the total amount payable to the
20individual with respect to a week shall not exceed 65.2% of the
21statewide average weekly wage, rounded (if not already a
22multiple of one dollar) to the next higher dollar.
23    The additional amount paid pursuant to this subsection in
24the case of an individual with a dependent child or dependent
25children shall be referred to as the "dependent child
26allowance", and the percentage rate by which an individual's

 

 

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1prior average weekly wage is multiplied pursuant to this
2subsection to calculate the dependent child allowance shall be
3referred to as the "dependent child allowance rate".
4    Except as otherwise provided in this Section, with respect
5to any benefit year beginning on or after January 1, 2010, an
6individual to whom benefits are payable with respect to any
7week shall, in addition to those benefits, be paid, with
8respect to such week, as follows: in the case of an individual
9with a nonworking spouse, the greater of (i) 9% of his or her
10prior average weekly wage, rounded (if not already a multiple
11of one dollar) to the next higher dollar, or (ii) $15, provided
12that the total amount payable to the individual with respect
13to a week shall not exceed 56% of the statewide average weekly
14wage, rounded (if not already a multiple of one dollar) to the
15next higher dollar; and in the case of an individual with a
16dependent child or dependent children, the greater of (i) the
17product of the dependent child allowance rate multiplied by
18his or her prior average weekly wage, rounded (if not already a
19multiple of one dollar) to the next higher dollar, or (ii) the
20lesser of $50 or 50% of his or her weekly benefit amount,
21rounded (if not already a multiple of one dollar) to the next
22higher dollar, provided that the total amount payable to the
23individual with respect to a week shall not exceed the product
24of the statewide average weekly wage multiplied by the sum of
2547% plus the dependent child allowance rate, rounded (if not
26already a multiple of one dollar) to the next higher dollar.

 

 

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1    With respect to any benefit year beginning on or after
2January 1, 2023 and before January 1, 2024 July 3, 2022, an
3individual to whom benefits are payable with respect to any
4week shall, in addition to those benefits, be paid, with
5respect to such week, as follows: in the case of an individual
6with a nonworking spouse, the greater of (i) 9% of his or her
7prior average weekly wage, rounded (if not already a multiple
8of one dollar) to the next higher dollar, or (ii) $15, provided
9that the total amount payable to the individual with respect
10to a week shall not exceed 51.4% of the statewide average
11weekly wage, rounded (if not already a multiple of one dollar)
12to the next higher dollar; and in the case of an individual
13with a dependent child or dependent children, the greater of
14(i) the product of the dependent child allowance rate
15multiplied by his or her prior average weekly wage, rounded
16(if not already a multiple of one dollar) to the next higher
17dollar, or (ii) the lesser of $50 or 50% of his or her weekly
18benefit amount, rounded (if not already a multiple of one
19dollar) to the next higher dollar, provided that the total
20amount payable to the individual with respect to a week shall
21not exceed the product of the statewide average weekly wage
22multiplied by the sum of 42.4% plus the dependent child
23allowance rate, rounded (if not already a multiple of one
24dollar) to the next higher dollar.
25    With respect to each benefit year beginning after calendar
26year 2012, the dependent child allowance rate shall be the sum

 

 

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1of the allowance adjustment applicable pursuant to Section
21400.1 to the calendar year in which the benefit year begins,
3plus the dependent child allowance rate with respect to each
4benefit year beginning in the immediately preceding calendar
5year, except as otherwise provided in this subsection. The
6dependent child allowance rate with respect to each benefit
7year beginning in calendar year 2010 shall be 17.9%. The
8dependent child allowance rate with respect to each benefit
9year beginning in calendar year 2011 shall be 17.4%. The
10dependent child allowance rate with respect to each benefit
11year beginning in calendar year 2012 shall be 17.0% and, with
12respect to each benefit year beginning after calendar year
132012, shall not be less than 17.0% or greater than 17.9%.
14    For the purposes of this subsection:
15    "Dependent" means a child or a nonworking spouse.
16    "Child" means a natural child, stepchild, or adopted child
17of an individual claiming benefits under this Act or a child
18who is in the custody of any such individual by court order,
19for whom the individual is supplying and, for at least 90
20consecutive days (or for the duration of the parental
21relationship if it has existed for less than 90 days)
22immediately preceding any week with respect to which the
23individual has filed a claim, has supplied more than one-half
24the cost of support, or has supplied at least 1/4 of the cost
25of support if the individual and the other parent, together,
26are supplying and, during the aforesaid period, have supplied

 

 

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1more than one-half the cost of support, and are, and were
2during the aforesaid period, members of the same household;
3and who, on the first day of such week (a) is under 18 years of
4age, or (b) is, and has been during the immediately preceding
590 days, unable to work because of illness or other
6disability: provided, that no person who has been determined
7to be a child of an individual who has been allowed benefits
8with respect to a week in the individual's benefit year shall
9be deemed to be a child of the other parent, and no other
10person shall be determined to be a child of such other parent,
11during the remainder of that benefit year.
12    "Nonworking spouse" means the lawful husband or wife of an
13individual claiming benefits under this Act, for whom more
14than one-half the cost of support has been supplied by the
15individual for at least 90 consecutive days (or for the
16duration of the marital relationship if it has existed for
17less than 90 days) immediately preceding any week with respect
18to which the individual has filed a claim, but only if the
19nonworking spouse is currently ineligible to receive benefits
20under this Act by reason of the provisions of Section 500E.
21    An individual who was obligated by law to provide for the
22support of a child or of a nonworking spouse for the aforesaid
23period of 90 consecutive days, but was prevented by illness or
24injury from doing so, shall be deemed to have provided more
25than one-half the cost of supporting the child or nonworking
26spouse for that period.

 

 

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1(Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20;
2102-671, eff. 11-30-21.)
 
3    (820 ILCS 405/403)  (from Ch. 48, par. 403)
4    Sec. 403. Maximum total amount of benefits.
5    A. With respect to any benefit year beginning prior to
6September 30, 1979, any otherwise eligible individual shall be
7entitled, during such benefit year, to a maximum total amount
8of benefits as shall be determined in the manner set forth in
9this Act as amended and in effect on November 9, 1977.
10    B. With respect to any benefit year beginning on or after
11September 30, 1979, except as otherwise provided in this
12Section, any otherwise eligible individual shall be entitled,
13during such benefit year, to a maximum total amount of
14benefits equal to 26 times his or her weekly benefit amount
15plus dependents' allowances, or to the total wages for insured
16work paid to such individual during the individual's base
17period, whichever amount is smaller. With respect to any
18benefit year beginning in calendar year 2012, any otherwise
19eligible individual shall be entitled, during such benefit
20year, to a maximum total amount of benefits equal to 25 times
21his or her weekly benefit amount plus dependents' allowances,
22or to the total wages for insured work paid to such individual
23during the individual's base period, whichever amount is
24smaller. With respect to any benefit year beginning on or
25after January 1, 2023 and before January 1, 2024 July 3, 2022,

 

 

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1any otherwise eligible individual shall be entitled, during
2such benefit year, to a maximum total amount of benefits equal
3to 24 times his or her weekly benefit amount plus dependents'
4allowances, or to the total wages for insured work paid to such
5individual during the individual's base period, whichever
6amount is smaller.
7(Source: P.A. 101-423, eff. 1-1-20; 102-671, eff. 11-30-21.)
 
8    (820 ILCS 405/703)  (from Ch. 48, par. 453)
9    Sec. 703. Reconsideration of findings or determinations.
10The claims adjudicator may reconsider his finding at any time
11within thirteen weeks after the close of the benefit year. He
12may reconsider his determination at any time within one year
13after the last day of the week for which the determination was
14made, except that if the issue is whether or not, by reason of
15a back pay award made by any governmental agency or pursuant to
16arbitration proceedings, or by reason of a payment of wages
17wrongfully withheld by an employing unit, an individual has
18received wages for a week with respect to which he or she has
19received benefits or if the issue is whether or not the
20claimant misstated his earnings for the week, such
21reconsidered determination may be made at any time within 3
22years after the last day of the week, or if the issue is
23whether or not an individual misstated earnings for any week
24beginning on or after March 15, 2020, such reconsidered
25determination may be made at any time within 5 years after the

 

 

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1last day of the week. No finding or determination shall be
2reconsidered at any time after appeal therefrom has been taken
3pursuant to the provisions of Section 800, except where a case
4has been remanded to the claims adjudicator by a Referee, the
5Director or the Board of Review, and except, further, that if
6an issue as to whether or not the claimant misstated his
7earnings is newly discovered, the determination may be
8reconsidered after and notwithstanding the fact that the
9decision upon the appeal has become final. Notice of such
10reconsidered determination or reconsidered finding shall be
11promptly given to the parties entitled to notice of the
12original determination or finding, as the case may be, in the
13same manner as is prescribed therefor, and such reconsidered
14determination or reconsidered finding shall be subject to
15appeal in the same manner and shall be given the same effect as
16is provided for an original determination or finding.
17    The changes made by this amendatory Act of the 102nd
18General Assembly apply retroactively to March 15, 2020.
19(Source: P.A. 92-396, eff. 1-1-02.)
 
20    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
21    Sec. 1505. Adjustment of state experience factor. The
22state experience factor shall be adjusted in accordance with
23the following provisions:
24    A. For calendar years prior to 1988, the state experience
25factor shall be adjusted in accordance with the provisions of

 

 

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1this Act as amended and in effect on November 18, 2011.
2    B. (Blank).
3    C. For calendar year 1988 and each calendar year
4thereafter, for which the state experience factor is being
5determined.
6        1. For every $50,000,000 (or fraction thereof) by
7    which the adjusted trust fund balance falls below the
8    target balance set forth in this subsection, the state
9    experience factor for the succeeding year shall be
10    increased one 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
9    reserves 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,
18        1988 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
10    state experience factor shall not be increased or
11    decreased by more than 15 percent absolute.
12    D. Notwithstanding the provisions of subsection C, the
13adjusted 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
17    shall not be less than 75% nor greater than 150% for
18    calendar year 2004 and each calendar year thereafter, not
19    counting any increase pursuant to subsection D-1, D-2, or
20    D-3;
21        3. Shall not be decreased by more than 5 percent
22    absolute for any calendar year, beginning in calendar year
23    1989 and through calendar year 1992, by more than 6%
24    absolute for calendar years 1993 through 1995, by more
25    than 10% absolute for calendar years 1999 through 2003 and
26    by more than 12% absolute for calendar year 2004 and each

 

 

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1    calendar year thereafter, from the adjusted state
2    experience factor of the calendar year preceding the
3    calendar year for which the adjusted state experience
4    factor is being determined;
5        4. Shall not be increased by more than 15% absolute
6    for calendar year 1993, by more than 14% absolute for
7    calendar years 1994 and 1995, by more than 10% absolute
8    for calendar years 1999 through 2003 and by more than 16%
9    absolute for calendar year 2004 and each calendar year
10    thereafter, from the adjusted state experience factor for
11    the calendar year preceding the calendar year for which
12    the adjusted state experience factor is being determined;
13        5. Shall be 100% for calendar years 1996, 1997, and
14    1998.
15    D-1. The adjusted state experience factor for each of
16calendar years 2013 through 2015 shall be increased by 5%
17absolute above the adjusted state experience factor as
18calculated without regard to this subsection. The adjusted
19state experience factor for each of calendar years 2016
20through 2018 shall be increased by 6% absolute above the
21adjusted state experience factor as calculated without regard
22to this subsection. The increase in the adjusted state
23experience factor for calendar year 2018 pursuant to this
24subsection shall not be counted for purposes of applying
25paragraph 3 or 4 of subsection D to the calculation of the
26adjusted state experience factor for calendar year 2019.

 

 

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1    D-2. (Blank).
2    D-3. The adjusted state experience factor for the portion
3of calendar year 2023 2022 beginning July 3, 2022 shall be
4increased by 16% absolute above the adjusted state experience
5factor as calculated without regard to this subsection. The
6increase in the adjusted state experience factor for the
7portion of calendar year 2023 2022 beginning July 3, 2022
8pursuant to this subsection shall not be counted for purposes
9of applying paragraph 3 or 4 of subsection D to the calculation
10of the adjusted state experience factor for calendar year 2024
112023.
12    E. The amount standing to the credit of this State's
13account in the unemployment trust fund as of June 30 shall be
14deemed to include as part thereof (a) any amount receivable on
15that date from any Federal governmental agency, or as a
16payment in lieu of contributions under the provisions of
17Sections 1403 and 1405 B and paragraph 2 of Section 302C, in
18reimbursement of benefits paid to individuals, and (b) amounts
19credited by the Secretary of the Treasury of the United States
20to this State's account in the unemployment trust fund
21pursuant to Section 903 of the Federal Social Security Act, as
22amended, including any such amounts which have been
23appropriated by the General Assembly in accordance with the
24provisions of Section 2100 B for expenses of administration,
25except any amounts which have been obligated on or before that
26date pursuant to such appropriation.

 

 

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1(Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20;
2102-671, eff. 11-30-21.)
 
3    (820 ILCS 405/1506.6)
4    Sec. 1506.6. Surcharge; specified period. For each
5employer whose contribution rate for calendar year 2023 2022
6is determined pursuant to Section 1500 or 1506.1, in addition
7to the contribution rate established pursuant to Section
81506.3, for the portion of calendar year 2022 beginning July
93, 2022, an additional surcharge of 0.325% shall be added to
10the contribution rate. The surcharge established by this
11Section shall be due at the same time as other contributions
12with respect to the quarter are due, as provided in Section
131400. Payments attributable to the surcharge established
14pursuant to this Section shall be contributions and deposited
15into the clearing account.
16(Source: P.A. 101-423, eff. 1-1-20; 101-633, eff. 6-5-20;
17102-671, eff. 11-30-21.)
 
18    (820 ILCS 405/2100)  (from Ch. 48, par. 660)
19    Sec. 2100. Handling of funds - Bond - Accounts.
20    A. All contributions and payments in lieu of contributions
21collected under this Act, including but not limited to fund
22building receipts and receipts attributable to the surcharge
23established pursuant to Section 1506.5, together with any
24interest thereon; all penalties collected pursuant to this

 

 

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1Act; any property or securities acquired through the use
2thereof; all moneys advanced to this State's account in the
3unemployment trust fund pursuant to the provisions of Title
4XII of the Social Security Act, as amended; all moneys
5directed for transfer from the Master Bond Fund or the Title
6XII Interest Fund to this State's account in the unemployment
7trust fund; all moneys received from the Federal government as
8reimbursements pursuant to Section 204 of the Federal-State
9Extended Unemployment Compensation Act of 1970, as amended;
10all moneys credited to this State's account in the
11unemployment trust fund pursuant to Section 903 of the Federal
12Social Security Act, as amended; all administrative fees
13collected from individuals pursuant to Section 900 or from
14employing units pursuant to Section 2206.1; funds directed for
15deposit into the State's account in the Unemployment Trust
16Fund from any other source; and all earnings of such property
17or securities and any interest earned upon any such moneys
18shall be paid or turned over to the Department and held by the
19Director, as ex-officio custodian of the clearing account, the
20unemployment trust fund account and the benefit account, and
21by the State Treasurer, as ex-officio custodian of the special
22administrative account, separate and apart from all public
23moneys or funds of this State, as hereinafter provided. Such
24moneys shall be administered by the Director exclusively for
25the purposes of this Act.
26    No such moneys shall be paid or expended except upon the

 

 

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1direction of the Director in accordance with such regulations
2as he shall prescribe pursuant to the provisions of this Act.
3    The State Treasurer shall be liable on his general
4official bond for the faithful performance of his duties in
5connection with the moneys in the special administrative
6account provided for under this Act. Such liability on his
7official bond shall exist in addition to the liability upon
8any separate bond given by him. All sums recovered for losses
9sustained by the account shall be deposited in that account.
10    The Director shall be liable on his general official bond
11for the faithful performance of his duties in connection with
12the moneys in the clearing account, the benefit account and
13unemployment trust fund account provided for under this Act.
14Such liability on his official bond shall exist in addition to
15the liability upon any separate bond given by him. All sums
16recovered for losses sustained by any one of the accounts
17shall be deposited in the account that sustained such loss.
18    The Treasurer shall maintain for such moneys a special
19administrative account. The Director shall maintain for such
20moneys 3 separate accounts: a clearing account, a benefit
21account, and an unemployment trust fund account. All moneys
22payable under this Act (except moneys requisitioned from this
23State's account in the unemployment trust fund and deposited
24in the benefit account and moneys directed for deposit into
25the Special Programs Fund provided for under Section 2107),
26including but not limited to moneys directed for transfer from

 

 

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1the Master Bond Fund or the Title XII Interest Fund to this
2State's account in the unemployment trust fund, upon receipt
3thereof, shall be immediately deposited in the clearing
4account; provided, however, that, except as is otherwise
5provided in this Section, interest and penalties shall not be
6deemed a part of the clearing account but shall be transferred
7immediately upon clearance thereof to the special
8administrative account; further provided that an amount not to
9exceed $90,000,000 in payments attributable to the surcharge
10established pursuant to Section 1506.5, including any interest
11thereon, shall not be deemed a part of the clearing account but
12shall be transferred immediately upon clearance thereof to the
13Title XII Interest Fund.
14    After clearance thereof, all other moneys in the clearing
15account shall be immediately deposited by the Director with
16the Secretary of the Treasury of the United States of America
17to the credit of the account of this State in the unemployment
18trust fund, established and maintained pursuant to the Federal
19Social Security Act, as amended, except fund building
20receipts, which shall be deposited into the Master Bond Fund.
21The benefit account shall consist of all moneys requisitioned
22from this State's account in the unemployment trust fund. The
23moneys in the benefit account shall be expended in accordance
24with regulations prescribed by the Director and solely for the
25payment of benefits, refunds of contributions, interest and
26penalties under the provisions of the Act, the payment of

 

 

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1health insurance in accordance with Section 410 of this Act,
2and the transfer or payment of funds to any Federal or State
3agency pursuant to reciprocal arrangements entered into by the
4Director under the provisions of Section 2700E, except that
5moneys credited to this State's account in the unemployment
6trust fund pursuant to Section 903 of the Federal Social
7Security Act, as amended, shall be used exclusively as
8provided in subsection B. For purposes of this Section only,
9to the extent allowed by applicable legal requirements, the
10payment of benefits includes but is not limited to the payment
11of principal on any bonds issued pursuant to the Illinois
12Unemployment Insurance Trust Fund Financing Act, exclusive of
13any interest or administrative expenses in connection with the
14bonds. The Director shall, from time to time, requisition from
15the unemployment trust fund such amounts, not exceeding the
16amounts standing to the State's account therein, as he deems
17necessary solely for the payment of such benefits, refunds,
18and funds, for a reasonable future period. The Director, as
19ex-officio custodian of the benefit account, which shall be
20kept separate and apart from all other public moneys, shall
21issue payment of such benefits, refunds, health insurance and
22funds solely from the moneys so received into the benefit
23account. However, after January 1, 1987, no payment shall be
24drawn on such benefit account unless at the time of drawing
25there is sufficient money in the account to make the payment.
26The Director shall retain in the clearing account an amount of

 

 

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1interest and penalties equal to the amount of interest and
2penalties to be refunded from the benefit account. After
3clearance thereof, the amount so retained shall be immediately
4deposited by the Director, as are all other moneys in the
5clearing account, with the Secretary of the Treasury of the
6United States. If, at any time, an insufficient amount of
7interest and penalties is available for retention in the
8clearing account, no refund of interest or penalties shall be
9made from the benefit account until a sufficient amount is
10available for retention and is so retained, or until the State
11Treasurer, upon the direction of the Director, transfers to
12the Director a sufficient amount from the special
13administrative account, for immediate deposit in the benefit
14account.
15    Any balance of moneys requisitioned from the unemployment
16trust fund which remains unclaimed or unpaid in the benefit
17account after the expiration of the period for which such sums
18were requisitioned shall either be deducted from estimates of
19and may be utilized for authorized expenditures during
20succeeding periods, or, in the discretion of the Director,
21shall be redeposited with the Secretary of the Treasury of the
22United States to the credit of the State's account in the
23unemployment trust fund.
24    Moneys in the clearing, benefit and special administrative
25accounts shall not be commingled with other State funds but
26they shall be deposited as required by law and maintained in

 

 

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1separate accounts on the books of a savings and loan
2association or bank.
3    No bank or savings and loan association shall receive
4public funds as permitted by this Section, unless it has
5complied with the requirements established pursuant to Section
66 of "An Act relating to certain investments of public funds by
7public agencies", approved July 23, 1943, as now or hereafter
8amended.
9    B. Moneys credited to the account of this State in the
10unemployment trust fund by the Secretary of the Treasury of
11the United States pursuant to Section 903 of the Social
12Security Act may be requisitioned from this State's account
13and used as authorized by Section 903. Any interest required
14to be paid on advances under Title XII of the Social Security
15Act shall be paid in a timely manner and shall not be paid,
16directly or indirectly, by an equivalent reduction in
17contributions or payments in lieu of contributions from
18amounts in this State's account in the unemployment trust
19fund. Such moneys may be requisitioned and used for the
20payment of expenses incurred for the administration of this
21Act, but only pursuant to a specific appropriation by the
22General Assembly and only if the expenses are incurred and the
23moneys are requisitioned after the enactment of an
24appropriation law which:
25        1. Specifies the purpose or purposes for which such
26    moneys are appropriated and the amount or amounts

 

 

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1    appropriated therefor;
2        2. Limits the period within which such moneys may be
3    obligated to a period ending not more than 2 years after
4    the date of the enactment of the appropriation law; and
5        3. Limits the amount which may be obligated during any
6    fiscal year to an amount which does not exceed the amount
7    by which (a) the aggregate of the amounts transferred to
8    the account of this State pursuant to Section 903 of the
9    Social Security Act exceeds (b) the aggregate of the
10    amounts used by this State pursuant to this Act and
11    charged against the amounts transferred to the account of
12    this State.
13    For purposes of paragraph (3) above, amounts obligated for
14administrative purposes pursuant to an appropriation shall be
15chargeable against transferred amounts at the exact time the
16obligation is entered into. The appropriation, obligation, and
17expenditure or other disposition of money appropriated under
18this subsection shall be accounted for in accordance with
19standards established by the United States Secretary of Labor.
20    Moneys appropriated as provided herein for the payment of
21expenses of administration shall be requisitioned by the
22Director as needed for the payment of obligations incurred
23under such appropriation. Upon requisition, such moneys shall
24be deposited with the State Treasurer, who shall hold such
25moneys, as ex-officio custodian thereof, in accordance with
26the requirements of Section 2103 and, upon the direction of

 

 

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1the Director, shall make payments therefrom pursuant to such
2appropriation. Moneys so deposited shall, until expended,
3remain a part of the unemployment trust fund and, if any will
4not be expended, shall be returned promptly to the account of
5this State in the unemployment trust fund.
6    C. The Governor is authorized to apply to the United
7States Secretary of Labor for an advance or advances to this
8State's account in the unemployment trust fund pursuant to the
9conditions set forth in Title XII of the Federal Social
10Security Act, as amended. The State's account in the
11unemployment trust fund is authorized to receive
12appropriations of State funds from other State accounts to
13repay any such advance or advances. The amount of any such
14advance may be repaid from this State's account in the
15unemployment trust fund.
16    D. The Director shall annually on or before the first day
17of March report in writing to the Employment Security Advisory
18Board concerning the deposits into and expenditures from this
19State's account in the Unemployment Trust Fund.
20    E. The changes made by this amendatory Act of the 102nd
21General Assembly to subsection A and subsection C clarify
22authority already provided by law.
23(Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11;
2497-791, eff. 1-1-13.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.".