Full Text of HB3537 99th General Assembly
HB3537 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB3537 Introduced , by Rep. Esther Golar SYNOPSIS AS INTRODUCED: |
| 820 ILCS 405/1500 | from Ch. 48, par. 570 | 820 ILCS 405/1506.1 | from Ch. 48, par. 576.1 | 820 ILCS 405/1506.6 | | 820 ILCS 405/1506.7 new | | 820 ILCS 405/2100 | from Ch. 48, par. 660 |
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Amends the Unemployment Insurance Act. Provides for a reduction in the employer's contribution rate in the amount of 0.1% annually. Provides for a surcharge upon employers in the amount of 0.1% to be deposited into the 21st Century Workforce Development Fund.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unemployment Insurance Act is amended by | 5 | | changing Sections 1500, 1506.1, 1506.6, and 2100 and by adding | 6 | | Section 1506.7 as follows:
| 7 | | (820 ILCS 405/1500) (from Ch. 48, par. 570)
| 8 | | Sec. 1500. Rate of contribution.
| 9 | | A. For the six months' period beginning July 1, 1937, and | 10 | | for each of the
calendar years 1938 to 1959, inclusive, each | 11 | | employer shall pay contributions
on wages at the percentages | 12 | | specified in or determined in accordance with
the provisions of | 13 | | this Act as amended and in effect on July 11, 1957.
| 14 | | B. For the calendar years 1960 through 1983,
each employer | 15 | | shall pay contributions equal to 2.7 percent with respect
to | 16 | | wages for insured work paid during each such calendar year, | 17 | | except that
the contribution rate of each employer who has | 18 | | incurred liability for the
payment of contributions within each | 19 | | of the three calendar years immediately
preceding the calendar | 20 | | year for which a rate is being determined, shall
be determined | 21 | | as provided in Sections 1501 to 1507, inclusive.
| 22 | | For the calendar year 1984 and each calendar year | 23 | | thereafter, each
employer shall pay contributions at a |
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| 1 | | percentage rate equal
to the greatest of 2.7%, or 2.7% | 2 | | multiplied by the current adjusted State
experience factor, as | 3 | | determined for each calendar year by the Director
in accordance | 4 | | with the provisions of Sections 1504 and 1505, or the average
| 5 | | contribution rate for his major classification in the Standard | 6 | | Industrial
Code,
or another classification sanctioned by the | 7 | | United States Department of Labor
and prescribed by the | 8 | | Director by rule,
with respect to wages for insured work paid | 9 | | during such year. The
Director of Employment Security shall
| 10 | | determine for calendar year 1984 and each calendar year
| 11 | | thereafter by a method pursuant to adopted rules each
| 12 | | individual employer's industrial code and the average | 13 | | contribution rate for
each major classification in the Standard | 14 | | Industrial Code, or each other
classification sanctioned by the | 15 | | United States Department of Labor and
prescribed by the | 16 | | Director by rule. Notwithstanding
the preceding provisions of | 17 | | this paragraph, the contribution rate for
calendar years 1984, | 18 | | 1985 and 1986 of each
employer who has incurred liability for | 19 | | the payment of contributions within
each of the two calendar | 20 | | years immediately preceding the calendar year for
which a rate | 21 | | is being determined,
and the contribution rate for calendar | 22 | | year 1987 and each calendar year
thereafter of each employer | 23 | | who has incurred liability for the payment of
contributions | 24 | | within each of the three calendar years immediately preceding
| 25 | | the calendar year for which a rate is being determined
shall be | 26 | | determined as provided in Sections 1501 to 1507.1, inclusive.
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| 1 | | Provided, however, that the contribution rate for calendar | 2 | | years 1989 and
1990 of each employer who has had experience | 3 | | with the risk of unemployment
for at least 13 consecutive | 4 | | months ending June 30 of the preceding calendar
year shall be a | 5 | | rate determined in accordance with this Section or a rate
| 6 | | determined as if it had been calculated in accordance with | 7 | | Sections 1501
through 1507, inclusive, whichever is greater, | 8 | | except that for purposes of
calculating the benefit wage ratio | 9 | | as provided in Section 1503, such
benefit wage ratio shall be a | 10 | | percentage equal to the total of benefit
wages for the 12 | 11 | | consecutive calendar month period ending on the above
preceding | 12 | | June 30, divided by the total wages for insured work subject to
| 13 | | the payment of contributions under Sections 234, 235 and 245 | 14 | | for the same
period and provided, further, however, that the | 15 | | contribution rate for
calendar year 1991 and for each calendar | 16 | | year thereafter of each employer
who has had experience with | 17 | | the risk of unemployment for at least 13
consecutive months | 18 | | ending June 30 of the preceding calendar year shall be a
rate | 19 | | determined in accordance with this Section or a rate determined | 20 | | as if
it had been calculated in accordance with Sections 1501 | 21 | | through 1507.1,
inclusive,
whichever is greater, except that | 22 | | for purposes of calculating the benefit
ratio as provided in | 23 | | Section 1503.1, such benefit ratio shall be a
percentage equal | 24 | | to the total of benefit charges for the 12 consecutive
calendar | 25 | | month period ending on the above preceding June 30, multiplied | 26 | | by
the benefit conversion factor applicable to such year, |
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| 1 | | divided by the total
wages for insured work subject to the | 2 | | payment of contributions under
Sections 234, 235 and 245 for | 3 | | the same period.
| 4 | | B-1. Notwithstanding any other provision of this Section, | 5 | | for calendar year 2015 and each calendar year thereafter, an | 6 | | employer's contribution rate as determined pursuant to | 7 | | subsection B shall be reduced by 0.1% absolute. This amendatory | 8 | | Act of the 99th General Assembly has no effect on the fund | 9 | | building rate determined pursuant to Section 1506.3 or fund | 10 | | building receipts attributable to the fund building rate. | 11 | | C. Except as expressly provided in this Act, the provisions | 12 | | of
Sections 1500 to 1510, inclusive, do not apply to any | 13 | | nonprofit
organization for any period with respect to which it | 14 | | does not incur
liability for the payment of contributions by | 15 | | reason of having elected
to make payments in lieu of | 16 | | contributions, or to any political
subdivision or municipal | 17 | | corporation for any period with respect to
which it is not | 18 | | subject to payments in lieu of contributions under the
| 19 | | provisions of paragraph 1 of Section 302C by reason of having | 20 | | elected to
make payments in lieu of contributions under | 21 | | paragraph 2 of that
Section or to any governmental entity | 22 | | referred to in clause (B) of Section
211.1. Wages paid to an | 23 | | individual which are subject to contributions under
Section | 24 | | 1405 A, or on the basis of which benefits are paid to him which | 25 | | are
subject to payment in lieu of contributions under Sections | 26 | | 1403, 1404, or
1405 B, or under paragraph 2 of Section 302C, |
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| 1 | | shall not become benefit
wages or benefit charges under the | 2 | | provisions of Sections 1501 or
1501.1, respectively, except for | 3 | | purposes of determining a rate of
contribution for 1984 and | 4 | | each calendar year thereafter for any
governmental entity | 5 | | referred to in clause (B) of Section 211.1 which does
not elect | 6 | | to make payments in lieu of contributions.
| 7 | | D. If an employer's business is closed solely because of | 8 | | the
entrance of one or more of the owners, partners, officers, | 9 | | or the
majority stockholder into the armed forces of the United | 10 | | States, or of
any of its allies, or of the United Nations, and, | 11 | | if the business is
resumed within two years after the discharge | 12 | | or release of such person
or persons from active duty in the | 13 | | armed forces, the employer will be
deemed to have incurred | 14 | | liability for the payment of contributions
continuously | 15 | | throughout such period. Such an employer, for the purposes
of | 16 | | Section 1506.1, will be deemed to have paid
contributions upon | 17 | | wages for insured work during the applicable period
specified | 18 | | in Section 1503 on or before the date designated therein,
| 19 | | provided that no wages became benefit wages during the | 20 | | applicable period
specified in Section 1503.
| 21 | | (Source: P.A. 94-301, eff. 1-1-06.)
| 22 | | (820 ILCS 405/1506.1) (from Ch. 48, par. 576.1)
| 23 | | Sec. 1506.1. Determination of Employer's Contribution | 24 | | Rate.
| 25 | | A. The contribution rate for any calendar year prior to |
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| 1 | | 1991 of each
employer whose contribution rate is determined as | 2 | | provided in Sections 1501 through 1507, inclusive, shall be | 3 | | determined in accordance with
the provisions of this Act as | 4 | | amended and in effect on November 18, 2011.
| 5 | | B. (Blank).
| 6 | | C. (Blank).
| 7 | | D. (Blank).
| 8 | | E.
The
contribution rate for calendar year 1991 and
each | 9 | | calendar year thereafter of each employer who has
incurred | 10 | | liability for the payment of contributions
within each of the | 11 | | three calendar years immediately
preceding the calendar year | 12 | | for which a rate is being
determined shall be the product | 13 | | obtained by multiplying
the employer's benefit ratio defined by | 14 | | Section 1503.1
for that calendar year by the adjusted state | 15 | | experience
factor for the same year, provided that:
| 16 | | 1. Except as otherwise provided in this paragraph, an | 17 | | employer's
minimum contribution rate shall be the greater | 18 | | of 0.2% or the
product obtained by multiplying 0.2% by the | 19 | | adjusted state
experience factor for the applicable
| 20 | | calendar year. An employer's minimum contribution rate | 21 | | shall be 0.1% for
calendar year 1996. An employer's minimum | 22 | | contribution rate shall be 0.0% for calendar years 2012 | 23 | | through 2019.
| 24 | | 2.
An
employer's maximum contribution rate shall be the | 25 | | greater of 6.4% or
the product of 6.4%
and the adjusted | 26 | | state experience factor for the applicable calendar year.
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| 1 | | 3. If any product obtained in this subsection is not
an | 2 | | exact multiple of one-tenth of one percent, it shall
be | 3 | | increased or reduced, as the case may be to the nearer
| 4 | | multiple of one-tenth of one percent. If such product
is | 5 | | equally near to two multiples of one-tenth of one percent,
| 6 | | it shall be increased to the higher multiple of one-tenth
| 7 | | of one percent.
| 8 | | 4. Intermediate rates between such minimum and maximum
| 9 | | rates shall be at one-tenth of one percent intervals.
| 10 | | The contribution rate of each employer for whom wages
| 11 | | became benefit wages during the applicable period specified
in | 12 | | Section 1503 or for whom benefit payments became
benefit | 13 | | charges during the applicable period specified
in Section | 14 | | 1503.1, but who did not report wages for
insured work during | 15 | | such period, shall be the maximum
contribution rate as | 16 | | determined by paragraph 2 of this
subsection.
The
contribution | 17 | | rate for each employer
for whom no wages became benefit wages | 18 | | during the applicable
period specified in Section 1503 or for | 19 | | whom no benefit
payments became benefit charges during the | 20 | | applicable
period specified in Section 1503.1, and who did not
| 21 | | report wages for insured work during such period, shall
be the | 22 | | greater of 2.7% or 2.7% times the then current
adjusted state | 23 | | experience factor as determined by the
Director in accordance | 24 | | with the provisions of Sections
1504 and 1505.
| 25 | | F. (Blank).
| 26 | | G. Notwithstanding the other provisions of this Section, no |
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| 1 | | employer's
contribution rate with respect to calendar year 1989 | 2 | | and each calendar year
thereafter shall exceed 5.4% of the | 3 | | wages for insured work paid by him
during any calendar quarter, | 4 | | if such wages paid during such calendar
quarter total less than | 5 | | $50,000, plus any applicable penalty contribution rate | 6 | | calculated pursuant to subsection C of Section 1507.1.
| 7 | | H. Notwithstanding any other provision of this Section, for | 8 | | calendar year 2015 and each calendar year thereafter, an | 9 | | employer's contribution rate as determined pursuant to this | 10 | | Section, without regard to this subsection, shall be reduced by | 11 | | 0.1% absolute but not below 0.0%. This amendatory Act of the | 12 | | 99th General Assembly has no effect on the fund building rate | 13 | | determined pursuant to Section 1506.3 or fund building receipts | 14 | | attributable to the fund building rate. | 15 | | (Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
| 16 | | (820 ILCS 405/1506.6) | 17 | | Sec. 1506.6. Surcharge; specified period. For each | 18 | | employer whose contribution rate for calendar year 2016 or 2018 | 19 | | is determined pursuant to Section 1500 or 1506.1, including but | 20 | | not limited to an employer whose contribution rate pursuant to | 21 | | Section 1506.1 is 0.0%, in addition to the contribution rate | 22 | | established pursuant to Section 1506.3 and the surcharge | 23 | | established pursuant to Section 1506.7 , an additional | 24 | | surcharge of 0.3% shall be added to the contribution rate. The | 25 | | surcharge established by this Section shall be due at the same |
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| 1 | | time as other contributions with respect to the quarter are | 2 | | due, as provided in Section 1400. Payments attributable to the | 3 | | surcharge established pursuant to this Section shall be | 4 | | contributions and deposited into the clearing account.
| 5 | | (Source: P.A. 97-621, eff. 11-18-11.) | 6 | | (820 ILCS 405/1506.7 new) | 7 | | Sec. 1506.7. Surcharge.
For calendar _year 2015 and each | 8 | | calendar year thereafter, each employer shall pay a surcharge | 9 | | equal to 0.1% of the total wages for insured work subject to | 10 | | the payment of contributions under
Sections 234,
235, and 245. | 11 | | The surcharge established by this
Section shall be due at the | 12 | | same time as contributions are due, as provided in Section | 13 | | 1400. Notwithstanding any other provision to the contrary, with | 14 | | respect to an employer whose contribution rate, with respect to | 15 | | calendar year 2015 and each calendar year thereafter calculated | 16 | | without regard to this amendatory Act of the 99th General | 17 | | Assembly, would have exceeded 5.4% but for the
5.4% rate | 18 | | ceiling imposed pursuant to subsection A of Section 1506.3, the | 19 | | amount due from the employer with respect to that quarter and | 20 | | attributable to the surcharge established pursuant to this | 21 | | Section shall equal the amount, if any, by which the amount due | 22 | | and attributable to the 5.4% rate exceeds the amount that would | 23 | | have been due and attributable to the employer's rate | 24 | | determined pursuant to Sections 1500, 1506.1, and 1506.3. | 25 | | Payments received by the Department with respect to the first |
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| 1 | | quarter of calendar year 2015 and any calendar quarter | 2 | | thereafter shall, to
the extent they are insufficient to pay | 3 | | the total amount due under this Act with respect to the | 4 | | quarter, be first applied to satisfy the amount due with | 5 | | respect to that quarter and attributable to the employer's rate | 6 | | determined pursuant to Sections 1500, 1506.1, 1506.3, and | 7 | | 1506.6 and then applied to satisfy the amount due with respect | 8 | | to that quarter and attributable to the surcharge established | 9 | | pursuant to this Section. All provisions of this Act applicable | 10 | | to the collection or refund of any contribution due under this | 11 | | Act shall be applicable to the collection or refund of amounts | 12 | | due pursuant
to this Section. Interest shall accrue with | 13 | | respect to amounts due pursuant to this Section to the same | 14 | | extent and under the same terms and conditions as provided by | 15 | | Section 1401 with respect to contributions. | 16 | | (820 ILCS 405/2100) (from Ch. 48, par. 660)
| 17 | | Sec. 2100. Handling of funds - Bond - Accounts.
| 18 | | A. All contributions
and payments in lieu of contributions | 19 | | collected under this Act, including but
not limited to fund | 20 | | building receipts and receipts attributable to the surcharges | 21 | | surcharge established pursuant to Sections Section 1506.5 and | 22 | | 1506.7 , together
with any interest thereon; all penalties | 23 | | collected pursuant to this Act; any
property or securities | 24 | | acquired through the use thereof; all moneys advanced
to this | 25 | | State's account in the unemployment trust fund pursuant to the
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| 1 | | provisions
of Title XII of the Social Security Act, as amended; | 2 | | all moneys directed for
transfer from the Master Bond Fund or | 3 | | the Title XII Interest Fund to this State's account in the | 4 | | unemployment
trust fund;
all moneys received
from the Federal | 5 | | government as reimbursements pursuant to Section 204 of
the | 6 | | Federal-State Extended Unemployment Compensation Act of 1970, | 7 | | as amended;
all moneys credited to this State's account in the | 8 | | unemployment trust fund
pursuant to Section 903 of the Federal | 9 | | Social Security Act, as amended;
all administrative fees | 10 | | collected from individuals pursuant to Section 900 or from | 11 | | employing units pursuant to Section 2206.1; and all earnings of | 12 | | such property or securities and any interest earned
upon any | 13 | | such moneys shall be paid or turned over to the Department and | 14 | | held by the Director,
as ex-officio custodian of
the clearing | 15 | | account, the unemployment trust fund account and the benefit
| 16 | | account, and by the State Treasurer, as ex-officio custodian of | 17 | | the special
administrative account, separate
and apart from all | 18 | | public moneys or funds of this State, as hereinafter
provided. | 19 | | Such moneys shall be administered by the Director exclusively
| 20 | | for the purposes of this Act.
| 21 | | No such moneys shall be paid or expended except upon the | 22 | | direction of the
Director in accordance with such regulations | 23 | | as he shall prescribe pursuant
to the provisions of this Act.
| 24 | | The State Treasurer shall be liable on his general official | 25 | | bond for the
faithful performance of his duties in connection | 26 | | with the moneys in the
special administrative account provided |
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| 1 | | for under
this Act. Such liability on his official bond shall | 2 | | exist in addition to
the liability upon any separate bond given | 3 | | by him. All sums recovered for
losses sustained by the account | 4 | | shall be
deposited in that account.
| 5 | | The Director shall be liable on his general official bond | 6 | | for the faithful
performance of his duties in connection with | 7 | | the moneys in the clearing
account, the benefit account and | 8 | | unemployment trust fund account provided
for under this Act. | 9 | | Such liability on his official bond shall exist in
addition to | 10 | | the liability upon any separate bond given by him. All sums
| 11 | | recovered for losses sustained by any one of the accounts shall | 12 | | be deposited
in the account that sustained such loss.
| 13 | | The Treasurer shall maintain for such moneys a special
| 14 | | administrative account. The Director shall
maintain for such | 15 | | moneys 3 separate accounts: a clearing account,
a benefit | 16 | | account, and an unemployment trust fund account. All moneys | 17 | | payable
under this Act (except moneys requisitioned from this | 18 | | State's account in
the unemployment trust fund and deposited in | 19 | | the benefit account and moneys directed for deposit into the | 20 | | Special Programs Fund provided for under Section 2107), | 21 | | including
but not limited to moneys directed for transfer from | 22 | | the Master
Bond Fund or the Title XII Interest Fund to this | 23 | | State's account in the unemployment trust fund,
upon
receipt | 24 | | thereof, shall be immediately deposited in the
clearing | 25 | | account;
provided, however, that, except as is otherwise | 26 | | provided in this Section,
interest and penalties shall not be |
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| 1 | | deemed a part of the clearing account
but shall be transferred | 2 | | immediately upon clearance thereof to the special
| 3 | | administrative account; further provided that an amount not to | 4 | | exceed $90,000,000 in payments attributable to the surcharge | 5 | | established pursuant to Section 1506.5, including any interest | 6 | | thereon, shall not be deemed a part of the clearing account but | 7 | | shall be transferred immediately upon clearance thereof to the | 8 | | Title XII Interest Fund ; further provided that payments | 9 | | attributable to the surcharge established pursuant to Section | 10 | | 1506.7, including any interest thereon, shall not be deemed a | 11 | | part of the clearing account but shall be transferred | 12 | | immediately upon clearance thereof to the 21st Century | 13 | | Workforce Development Fund .
| 14 | | After clearance thereof, all other moneys in the clearing | 15 | | account shall
be immediately deposited by the Director with the
| 16 | | Secretary of the Treasury of the United States of America to | 17 | | the credit
of the account of this State in the unemployment | 18 | | trust fund, established
and maintained pursuant to the Federal | 19 | | Social Security Act, as amended,
except fund building receipts, | 20 | | which shall be deposited into the Master Bond
Fund.
The benefit | 21 | | account shall consist of all moneys requisitioned from this
| 22 | | State's account in the unemployment trust fund. The moneys in | 23 | | the benefit
account shall be expended in accordance with | 24 | | regulations prescribed by the
Director and solely for the | 25 | | payment of benefits, refunds of contributions,
interest and | 26 | | penalties under the provisions of the Act, the payment of
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| 1 | | health insurance in accordance with Section 410 of this Act, | 2 | | and the transfer
or payment of funds to any Federal or State | 3 | | agency pursuant to reciprocal
arrangements entered into by the | 4 | | Director under the provisions of Section
2700E, except that | 5 | | moneys credited to this State's account in the unemployment
| 6 | | trust fund pursuant to Section 903 of the Federal Social | 7 | | Security Act, as
amended, shall be used exclusively as provided | 8 | | in subsection B. For purposes
of this Section only, to the | 9 | | extent allowed by applicable legal
requirements, the
payment of | 10 | | benefits includes but is not limited to the payment of | 11 | | principal on
any bonds issued
pursuant to the Illinois | 12 | | Unemployment Insurance Trust Fund Financing Act,
exclusive of | 13 | | any
interest or administrative expenses in connection with the | 14 | | bonds. The
Director
shall, from time to time, requisition from | 15 | | the unemployment trust fund such
amounts, not exceeding the | 16 | | amounts standing to the State's account therein,
as he deems | 17 | | necessary solely for the payment of such benefits, refunds,
and | 18 | | funds, for a reasonable future period. The Director, as | 19 | | ex-officio
custodian of the benefit account, which shall be | 20 | | kept separate and apart
from all other public moneys, shall | 21 | | issue payment of
such benefits, refunds, health insurance and | 22 | | funds solely from the moneys so
received
into the benefit | 23 | | account. However, after January 1, 1987, no payment shall
be | 24 | | drawn on such benefit account unless at the time of drawing | 25 | | there is
sufficient money in the account to make the payment. | 26 | | The Director shall
retain in the clearing account
an amount of |
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| 1 | | interest and
penalties equal to the amount of
interest and | 2 | | penalties to be refunded from the benefit account. After
| 3 | | clearance thereof, the amount so retained shall be immediately | 4 | | deposited
by the Director, as are all other moneys in the | 5 | | clearing account,
with the Secretary of the Treasury of the | 6 | | United States. If, at any
time, an insufficient amount of | 7 | | interest and penalties is available for
retention in the | 8 | | clearing account, no refund of interest or penalties
shall be | 9 | | made from the benefit account until a sufficient amount is
| 10 | | available for retention and is so retained, or until the State
| 11 | | Treasurer, upon the direction of the Director, transfers to the | 12 | | Director
a sufficient amount from the special administrative | 13 | | account, for
immediate deposit in the benefit account.
| 14 | | Any balance of moneys requisitioned from the unemployment | 15 | | trust fund
which remains unclaimed or unpaid in the benefit | 16 | | account
after the expiration of the period for which such sums | 17 | | were
requisitioned
shall either be deducted from estimates of | 18 | | and may be utilized for authorized
expenditures during | 19 | | succeeding periods, or, in the discretion of the
Director, | 20 | | shall be redeposited with the Secretary of the Treasury of the
| 21 | | United States to the credit of the State's account in the | 22 | | unemployment
trust fund.
| 23 | | Moneys in the clearing, benefit and special administrative | 24 | | accounts
shall not be commingled with other State funds but | 25 | | they shall be
deposited as required by law and maintained in | 26 | | separate accounts on the
books of a savings and loan |
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| 1 | | association or bank.
| 2 | | No bank or savings and loan association shall receive | 3 | | public funds as
permitted by this Section, unless it has | 4 | | complied with the requirements
established pursuant to Section | 5 | | 6 of "An Act relating to certain investments
of public funds by | 6 | | public agencies", approved July 23, 1943, as now or
hereafter
| 7 | | amended.
| 8 | | B. Moneys credited to the account of this State in the | 9 | | unemployment
trust fund by the Secretary of the Treasury of the | 10 | | United States
pursuant to Section 903 of the Social Security | 11 | | Act may be
requisitioned from this State's account and used as | 12 | | authorized by
Section 903. Any interest required to be paid on | 13 | | advances
under Title XII of the Social Security Act shall be | 14 | | paid in a timely manner
and shall not be paid, directly or | 15 | | indirectly, by an equivalent reduction
in contributions or | 16 | | payments in lieu of contributions from amounts in this
State's | 17 | | account in the unemployment trust fund. Such moneys may be
| 18 | | requisitioned and used for the payment of expenses incurred for | 19 | | the
administration of this Act, but only pursuant to a specific
| 20 | | appropriation by the General Assembly and only if the expenses | 21 | | are
incurred and the moneys are requisitioned after the | 22 | | enactment of an
appropriation law which:
| 23 | | 1. Specifies the purpose or purposes for which such | 24 | | moneys are
appropriated and the amount or amounts | 25 | | appropriated therefor;
| 26 | | 2. Limits the period within which such moneys may be |
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| 1 | | obligated to a
period ending not more than 2 years after | 2 | | the date of the enactment of
the appropriation law; and
| 3 | | 3. Limits the amount which may be obligated during any | 4 | | fiscal year
to an amount which does not exceed the amount | 5 | | by which (a) the aggregate
of the amounts transferred to | 6 | | the account of this State
pursuant to Section
903 of the | 7 | | Social Security Act exceeds (b) the aggregate of the | 8 | | amounts used
by this State pursuant to
this Act and charged | 9 | | against the amounts transferred to the account of this
| 10 | | State.
| 11 | | For purposes of paragraph (3) above, amounts obligated for
| 12 | | administrative purposes pursuant to an appropriation shall be | 13 | | chargeable
against transferred amounts at the exact time the | 14 | | obligation is entered
into. The appropriation, obligation, and | 15 | | expenditure or other disposition
of money appropriated under | 16 | | this subsection shall be accounted for in
accordance with | 17 | | standards established by the United States Secretary of Labor.
| 18 | | Moneys appropriated as provided herein for the payment of | 19 | | expenses of
administration shall be requisitioned by the | 20 | | Director as needed for the
payment of obligations incurred | 21 | | under such appropriation. Upon
requisition,
such moneys shall | 22 | | be deposited with the State Treasurer, who shall hold
such | 23 | | moneys, as ex-officio custodian thereof, in accordance with the
| 24 | | requirements of Section 2103 and, upon the direction of the | 25 | | Director,
shall make payments therefrom pursuant to such | 26 | | appropriation. Moneys so
deposited shall, until expended, |
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| 1 | | remain a part of the unemployment trust
fund and, if any will | 2 | | not be expended, shall be returned promptly to the
account of | 3 | | this State in the unemployment trust fund.
| 4 | | C. The Governor is authorized to apply to the United States
| 5 | | Secretary of Labor for an advance or advances to this State's | 6 | | account in
the unemployment trust fund pursuant to the | 7 | | conditions set forth in
Title XII of the Federal Social | 8 | | Security Act, as amended. The amount of
any such advance may be | 9 | | repaid from this State's account in the
unemployment trust | 10 | | fund. | 11 | | D. The Director shall annually on or before the first day | 12 | | of March report in writing to the Employment Security Advisory | 13 | | Board concerning the deposits into and expenditures from this | 14 | | State's account in the Unemployment Trust Fund.
| 15 | | (Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11; | 16 | | 97-791, eff. 1-1-13.)
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