Full Text of HB5632 97th General Assembly
HB5632enr 97TH GENERAL ASSEMBLY |
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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 401, 706, 900, 1300, 1401, 1402, 1501.1, | 6 | | 1505, 1506.1, 1506.3, 1506.5, 1801.1, 2100, and 2103 and by | 7 | | adding Section 901.1 as follows: | 8 | | (820 ILCS 405/401) (from Ch. 48, par. 401) | 9 | | Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
| 10 | | A. With respect to any week beginning in a benefit year | 11 | | beginning prior to January 4, 2004 April 24, 1983 , an
| 12 | | individual's weekly benefit amount shall be an amount equal to | 13 | | the weekly
benefit amount as defined in the provisions of this | 14 | | Act as amended and in effect on November 18, 2011 30, 1982 .
| 15 | | B. 1. With respect to any week beginning on or after April | 16 | | 24, 1983 and
before January 3, 1988, an individual's weekly | 17 | | benefit amount shall be 48%
of his prior average weekly wage, | 18 | | rounded (if not already a multiple of
one dollar) to the next | 19 | | higher dollar; provided, however, that the weekly
benefit | 20 | | amount cannot exceed the maximum weekly benefit amount, and | 21 | | cannot
be less than 15% of the statewide average weekly wage, | 22 | | rounded (if not already
a multiple of one dollar) to the next | 23 | | higher dollar. However, the weekly
benefit amount for an |
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| 1 | | individual who has established a benefit year
beginning before | 2 | | April 24, 1983, shall be determined, for weeks beginning
on or | 3 | | after April 24, 1983 claimed with respect to that benefit year, | 4 | | as
provided under this Act as in effect on November 30, 1982.
| 5 | | With respect to any week beginning on or after January 3, 1988 | 6 | | and before
January 1, 1993,
an individual's weekly benefit | 7 | | amount shall be 49% of
his prior average weekly wage, rounded | 8 | | (if not already a multiple of one
dollar) to the next higher | 9 | | dollar; provided, however, that the weekly
benefit amount | 10 | | cannot exceed the maximum weekly benefit amount, and cannot
be | 11 | | less than $51.
With respect to any week beginning on or after | 12 | | January
3, 1993 and during a benefit year beginning before | 13 | | January 4, 2004, an
individual's weekly benefit amount shall be | 14 | | 49.5% of his prior
average weekly wage, rounded (if not already | 15 | | a multiple of one dollar) to
the next higher dollar; provided, | 16 | | however, that the weekly benefit amount
cannot exceed the | 17 | | maximum weekly benefit amount and cannot be less than $51.
With | 18 | | respect to any benefit year beginning on or after January 4, | 19 | | 2004 and
before January 6, 2008, an individual's weekly benefit | 20 | | amount shall be 48% of
his or her prior average weekly wage, | 21 | | rounded (if not already a multiple of one
dollar) to the next | 22 | | higher dollar; provided, however, that the weekly benefit
| 23 | | amount cannot exceed the maximum weekly benefit amount and | 24 | | cannot be less than
$51. Except as otherwise provided in this | 25 | | Section, with respect to any benefit year beginning on or after | 26 | | January 6, 2008, an
individual's weekly benefit amount shall be |
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| 1 | | 47% of his or her prior average
weekly wage, rounded (if not | 2 | | already a multiple of one dollar) to the next
higher dollar; | 3 | | provided, however, that the weekly benefit amount cannot exceed
| 4 | | the maximum weekly benefit amount and cannot be less than $51.
| 5 | | With respect to any benefit year beginning in calendar year | 6 | | 2016, an individual's weekly benefit amount shall be 42.8% of | 7 | | his or her prior average weekly wage, rounded (if not already a | 8 | | multiple of one dollar) to the next higher dollar; provided, | 9 | | however, that the weekly benefit amount cannot exceed the | 10 | | maximum weekly benefit amount and cannot be less than $51. With | 11 | | respect to any benefit year beginning in calendar year 2018, an | 12 | | individual's weekly benefit amount shall be 42.9% of his or her | 13 | | prior average weekly wage, rounded (if not already a multiple | 14 | | of one dollar) to the next higher dollar; provided, however, | 15 | | that the weekly benefit amount cannot exceed the maximum weekly | 16 | | benefit amount and cannot be less than $51.
| 17 | | 2. For the purposes of this subsection:
| 18 | | An With respect to any week beginning on or after April 24, | 19 | | 1983, an
individual's "prior average weekly wage" means the | 20 | | total wages for insured
work paid to that individual during the | 21 | | 2 calendar quarters of his base
period in which such total | 22 | | wages were highest, divided by 26. If
the quotient is not | 23 | | already a multiple of one dollar, it shall be
rounded to the | 24 | | nearest dollar; however if the quotient is equally near
2 | 25 | | multiples of one dollar, it shall be rounded to the higher | 26 | | multiple of
one dollar.
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| 1 | | "Determination date" means June 1 and , 1982, December 1 , | 2 | | 1982 and December
1 of each succeeding calendar year except | 3 | | that thereafter. However, if as of June 30,
1982, or any June | 4 | | 30 thereafter, the net amount standing to the credit of
this | 5 | | State's account in the unemployment trust fund (less all | 6 | | outstanding
advances to that account, including advances | 7 | | pursuant to Title XII of the
federal Social Security Act) is | 8 | | greater than $100,000,000,
"determination date" shall mean | 9 | | December 1 of that year and June 1 of the
succeeding year. | 10 | | Notwithstanding the preceding sentence , for the purposes
of | 11 | | this Act only, there shall be no June 1 determination date in | 12 | | any
year after 1986 .
| 13 | | "Determination period" means, with respect to each June 1 | 14 | | determination
date, the 12 consecutive calendar months ending | 15 | | on the immediately preceding
December 31 and, with respect to | 16 | | each December 1 determination date, the
12 consecutive calendar | 17 | | months ending on the immediately preceding June 30.
| 18 | | "Benefit period" means the 12 consecutive calendar month | 19 | | period
beginning on the first day of the first calendar month | 20 | | immediately following
a determination date, except that, with | 21 | | respect to any calendar year
in which there is a June 1 | 22 | | determination date, "benefit period" shall mean
the 6 | 23 | | consecutive calendar month period beginning on the first day of | 24 | | the first
calendar month immediately following the preceding | 25 | | December 1 determination
date and the 6 consecutive calendar | 26 | | month period beginning on the first
day of the first calendar |
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| 1 | | month immediately following the June 1 determination
date. | 2 | | Notwithstanding the foregoing sentence, the 6 calendar months | 3 | | beginning
January 1, 1982 and ending June 30, 1982 shall be | 4 | | deemed a benefit period
with respect to which the determination | 5 | | date shall be June 1, 1981.
| 6 | | "Gross wages" means all the wages paid to individuals | 7 | | during the
determination period immediately preceding a | 8 | | determination date for
insured work, and reported to the | 9 | | Director by employers prior to the
first day of the third | 10 | | calendar month preceding that date.
| 11 | | "Covered employment" for any calendar month means the total | 12 | | number of
individuals, as determined by the Director, engaged | 13 | | in insured work at
mid-month.
| 14 | | "Average monthly covered employment" means one-twelfth of | 15 | | the sum of
the covered employment for the 12 months of a | 16 | | determination period.
| 17 | | "Statewide average annual wage" means the quotient, | 18 | | obtained by
dividing gross wages by average monthly covered | 19 | | employment for the same
determination period, rounded (if not | 20 | | already a multiple of one cent) to
the nearest cent.
| 21 | | "Statewide average weekly wage" means the quotient, | 22 | | obtained by
dividing the statewide average annual wage by 52, | 23 | | rounded (if not
already a multiple of one cent) to the nearest | 24 | | cent. Notwithstanding any provision of this Section to the | 25 | | contrary, the statewide average weekly wage for any benefit | 26 | | period prior to calendar year 2012 shall be as determined by |
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| 1 | | the provisions of this Act as amended and in effect on November | 2 | | 18, 2011. Notwithstanding any
provisions of this Section to the | 3 | | contrary, the statewide average weekly
wage for the benefit | 4 | | period of beginning July 1, 1982 and ending December 31,
1982 | 5 | | shall be the statewide average weekly wage in effect for the | 6 | | immediately
preceding benefit period plus one-half of the | 7 | | result obtained by
subtracting the statewide average weekly | 8 | | wage for the immediately preceding
benefit period from the | 9 | | statewide average weekly wage for the benefit
period beginning | 10 | | July 1, 1982 and ending December 31, 1982 as such statewide
| 11 | | average weekly wage would have been determined but for the | 12 | | provisions of
this paragraph. Notwithstanding any provisions | 13 | | of this Section to the
contrary, the statewide average weekly | 14 | | wage for the benefit period beginning
April 24, 1983 and ending | 15 | | January 31, 1984 shall be $321 and for the benefit
period | 16 | | beginning February 1, 1984 and ending December 31, 1986 shall | 17 | | be
$335, and for the benefit period beginning January 1, 1987, | 18 | | and ending
December 31, 1987, shall be $350, except that for an | 19 | | individual who has
established a benefit year beginning before | 20 | | April 24, 1983, the statewide
average weekly wage used in | 21 | | determining benefits, for any week beginning on
or after April | 22 | | 24, 1983, claimed with respect to that benefit year, shall
be | 23 | | $334.80, except that, for the purpose of determining the | 24 | | minimum weekly
benefit amount under subsection B(1) for the | 25 | | benefit period beginning
January 1, 1987, and ending December | 26 | | 31, 1987, the statewide average
weekly wage shall be $335; for |
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| 1 | | the benefit
periods January 1, 1988 through December 31, 1988, | 2 | | January
1, 1989 through December 31, 1989, and January 1, 1990
| 3 | | through December 31, 1990, the statewide average weekly
wage | 4 | | shall be $359, $381, and $406, respectively.
Notwithstanding | 5 | | the preceding sentences of this paragraph,
for the benefit | 6 | | period of calendar year 1991, the statewide
average weekly wage | 7 | | shall be $406 plus (or minus) an
amount equal to the percentage | 8 | | change in the statewide
average weekly wage, as computed in | 9 | | accordance with
the preceding sentences of this paragraph, | 10 | | between the
benefit periods of calendar years 1989 and 1990, | 11 | | multiplied
by $406; and, for the benefit periods of calendar | 12 | | years 1992 through
2003 and calendar year 2012 shall be $856.55 | 13 | | 2005 and for each calendar year
thereafter, the
statewide | 14 | | average weekly wage , shall be the statewide
average weekly | 15 | | wage, as determined in accordance with
this sentence, for the | 16 | | immediately preceding benefit
period plus (or minus) an amount | 17 | | equal to the percentage
change in the statewide average weekly | 18 | | wage, as computed
in accordance with the first sentence | 19 | | preceding sentences of this paragraph,
between the 2 | 20 | | immediately preceding benefit periods,
multiplied by the | 21 | | statewide average weekly wage, as
determined in accordance with | 22 | | this sentence, for the
immediately preceding benefit period.
| 23 | | However, for purposes of the
Workers'
Compensation Act, the | 24 | | statewide average weekly wage will be computed
using June 1 and | 25 | | December 1 determination dates of each calendar year and
such | 26 | | determination shall not be subject to the limitation of $321,
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| 1 | | $335, $350, $359, $381, $406 or the statewide average weekly | 2 | | wage as
computed in accordance with the preceding sentence of | 3 | | this
paragraph.
| 4 | | With respect to any week beginning in a benefit year | 5 | | beginning prior to January 4, 2004, "maximum weekly benefit | 6 | | amount" with respect to each week beginning within a benefit | 7 | | period shall be as defined in the provisions of this Act as | 8 | | amended and in effect on November 18, 2011. | 9 | | With respect to any week beginning on or after April 24, | 10 | | 1983 and before
January 3, 1988,
"maximum weekly benefit | 11 | | amount" means 48% of the statewide
average weekly wage, rounded | 12 | | (if not already a multiple of one dollar) to
the nearest | 13 | | dollar, provided however, that the maximum weekly
benefit | 14 | | amount for an individual who has established a benefit year | 15 | | beginning
before April 24, 1983, shall be determined, for weeks | 16 | | beginning on or
after April 24, 1983 claimed with respect to | 17 | | that benefit year,
as provided under this Act as amended and in | 18 | | effect on November 30,
1982, except that the statewide average | 19 | | weekly wage used in such determination
shall be $334.80.
| 20 | | With respect to any week beginning after January 2, 1988 | 21 | | and before
January 1, 1993, "maximum weekly benefit amount" | 22 | | with respect to each week
beginning within a benefit period | 23 | | means 49% of the statewide average weekly
wage, rounded (if not | 24 | | already a multiple of one dollar) to the next higher
dollar.
| 25 | | With respect to any week beginning on or after January 3, | 26 | | 1993 and during a
benefit year beginning before January 4, |
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| 1 | | 2004,
"maximum weekly benefit amount" with respect to each week | 2 | | beginning within
a benefit period means 49.5% of the statewide | 3 | | average weekly wage, rounded
(if not already a multiple of one | 4 | | dollar) to the next higher dollar.
| 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 | | 2016, "maximum weekly benefit amount" with respect to each week | 19 | | beginning within a benefit period means 42.8% of the statewide | 20 | | average weekly wage, rounded (if not already a multiple of one | 21 | | dollar) to the next higher dollar. | 22 | | With respect to any benefit year beginning in calendar year | 23 | | 2018, "maximum weekly benefit amount" with respect to each week | 24 | | beginning within a benefit period means 42.9% of the statewide | 25 | | average weekly wage, rounded (if not already a multiple of one | 26 | | dollar) to the next higher dollar. |
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| 1 | | C. With respect to any week beginning in a benefit year | 2 | | beginning prior to January 4, 2004, an individual's eligibility | 3 | | for a dependent allowance with respect to a nonworking spouse | 4 | | or one or more dependent children shall be as defined by the | 5 | | provisions of this Act as amended and in effect on November 18, | 6 | | 2011. on or after April 24, 1983 and before
January 3, 1988,
an | 7 | | individual to whom benefits are payable with respect
to any | 8 | | week shall, in addition to such benefits, be paid, with respect | 9 | | to such
week, as follows: in the case of an individual with a | 10 | | nonworking spouse,
7% of his prior average weekly wage, rounded | 11 | | (if not already a multiple
of one dollar) to the higher dollar; | 12 | | provided, that the total amount payable
to the individual with | 13 | | respect to a week shall not exceed 55% of the statewide
average | 14 | | weekly wage, rounded (if not already a multiple of one dollar) | 15 | | to
the nearest dollar; and in the case of an individual with a | 16 | | dependent child
or dependent children, 14.4% of his prior | 17 | | average weekly wage, rounded (if
not already a multiple of one | 18 | | dollar) to the higher dollar; provided, that
the total amount | 19 | | payable to the individual with respect to a week shall
not | 20 | | exceed 62.4% of the statewide average weekly wage, rounded (if | 21 | | not already
a multiple of one dollar) to the next higher dollar | 22 | | with respect to the
benefit period beginning January 1, 1987 | 23 | | and ending December 31, 1987, and
otherwise to the nearest | 24 | | dollar. However, for an individual with a
nonworking spouse or | 25 | | with a dependent child or children who has established
a | 26 | | benefit year beginning before April 24, 1983, the amount of |
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| 1 | | additional
benefits payable on account of the nonworking spouse | 2 | | or dependent child
or children shall be determined, for weeks | 3 | | beginning on or after April
24, 1983 claimed with respect to | 4 | | that benefit year, as provided under
this Act as in effect on | 5 | | November 30, 1982, except that the
statewide average weekly | 6 | | wage used in such determination shall be $334.80.
| 7 | | With respect to any week beginning on or after January 2, | 8 | | 1988 and before
January 1, 1991 and any week beginning on or | 9 | | after January 1, 1992, and before
January 1, 1993, an | 10 | | individual to whom benefits are payable
with respect to any
| 11 | | week shall, in addition to those benefits, be paid, with | 12 | | respect to such
week, as follows: in the case of an individual | 13 | | with a nonworking spouse,
8% of his prior average weekly wage, | 14 | | rounded (if not already a multiple
of one dollar) to the next | 15 | | higher dollar, provided, that the total
amount payable to the | 16 | | individual with respect to a week shall not
exceed 57% of the | 17 | | statewide average weekly wage, rounded (if not already
a | 18 | | multiple of one dollar) to the next higher dollar; and in the | 19 | | case of
an individual with a dependent child or dependent | 20 | | children, 15% of
his prior average weekly wage, rounded (if not | 21 | | already a multiple of one
dollar) to the next higher dollar, | 22 | | provided that the total amount
payable to the individual with | 23 | | respect to a week shall not exceed 64%
of the statewide average | 24 | | weekly wage, rounded (if not already a
multiple of one dollar) | 25 | | to the next higher dollar.
| 26 | | With respect to any week beginning on or after January 1, |
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| 1 | | 1991 and before
January 1, 1992, an individual to whom benefits | 2 | | are payable with respect to
any week shall, in addition to the | 3 | | benefits, be paid, with respect to such
week, as follows: in | 4 | | the case of an individual with a nonworking spouse,
8.3% of his | 5 | | prior average weekly wage, rounded (if not already a multiple
| 6 | | of one dollar) to the next higher dollar, provided, that the | 7 | | total amount
payable to the individual with respect to a week | 8 | | shall not exceed 57.3%
of the statewide average weekly wage, | 9 | | rounded (if not already a multiple of
one dollar) to the next | 10 | | higher dollar; and in the case of an individual
with a | 11 | | dependent child or dependent children, 15.3% of his prior | 12 | | average
weekly wage, rounded (if not already a multiple of one | 13 | | dollar) to the next
higher dollar, provided that the total | 14 | | amount payable to the individual
with respect to a week shall | 15 | | not exceed 64.3% of the statewide average
weekly wage, rounded | 16 | | (if not already a multiple of one dollar) to the next
higher | 17 | | dollar.
| 18 | | With respect to any week beginning on or after January 3, | 19 | | 1993,
during a benefit year beginning before January 4, 2004,
| 20 | | an individual to whom benefits are payable with respect to any
| 21 | | week shall, in addition to those benefits, be paid, with | 22 | | respect to such
week, as follows: in the case of an individual | 23 | | with a nonworking spouse,
9% of his prior average weekly wage, | 24 | | rounded (if not already a multiple
of one dollar) to the next | 25 | | higher dollar, provided, that the total
amount payable to the | 26 | | individual with respect to a week shall not
exceed 58.5% of the |
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| 1 | | statewide average weekly wage, rounded (if not already
a | 2 | | multiple of one dollar) to the next higher dollar; and in the | 3 | | case of
an individual with a dependent child or dependent | 4 | | children, 16% of
his prior average weekly wage, rounded (if not | 5 | | already a multiple of one
dollar) to the next higher dollar, | 6 | | provided that the total amount
payable to the individual with | 7 | | respect to a week shall not exceed 65.5%
of the statewide | 8 | | average weekly wage, rounded (if not already a
multiple of one | 9 | | dollar) to the next higher dollar.
| 10 | | With respect to any benefit year beginning on or after | 11 | | January 4, 2004 and
before January 6, 2008, an individual to | 12 | | whom benefits are payable with respect
to any week shall, in | 13 | | addition to those benefits, be paid, with respect to such
week, | 14 | | as follows: in the case of an individual with a nonworking | 15 | | spouse, 9% of
his or her prior average weekly wage, rounded (if | 16 | | not already a multiple of one
dollar) to the next higher | 17 | | dollar, provided, that the total amount payable to
the | 18 | | individual with respect to a week shall not exceed 57% of the | 19 | | statewide
average weekly wage, rounded (if not already a | 20 | | multiple of one dollar) to the
next higher dollar; and in the | 21 | | case of an individual with a dependent child or
dependent | 22 | | children, 17.2% of his or her prior average weekly wage, | 23 | | rounded (if
not already a multiple of one dollar) to the next | 24 | | higher dollar, provided that
the total amount payable to the | 25 | | individual with respect to a week shall not
exceed 65.2% of the | 26 | | statewide average weekly wage, rounded (if not already a
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| 1 | | multiple of one dollar) to the next higher dollar.
| 2 | | With respect to any benefit year beginning on or after | 3 | | January 6, 2008 and before January 1, 2010, 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 56% 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, 18.2% 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 | | The additional
amount paid pursuant to this subsection in | 21 | | the case of an individual with a
dependent child or dependent | 22 | | children shall be referred to as the "dependent
child | 23 | | allowance", and the percentage rate by which an individual's | 24 | | prior average weekly wage is multiplied pursuant to this | 25 | | subsection to calculate the dependent child allowance shall be | 26 | | referred to as the "dependent child allowance rate". |
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| 1 | | Except as otherwise provided in this Section, with respect | 2 | | to any benefit year beginning on or after January 1, 2010, an | 3 | | individual to whom benefits are payable with respect to any | 4 | | week shall, in addition to those benefits, be paid, with | 5 | | respect to such week, as follows: in the case of an individual | 6 | | with a nonworking spouse, the greater of (i) 9% of his or her | 7 | | prior average weekly wage, rounded (if not already a multiple | 8 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 9 | | that the total amount payable to the individual with respect to | 10 | | a week shall not exceed 56% of the statewide average weekly | 11 | | wage, rounded (if not already a multiple of one dollar) to the | 12 | | next higher dollar; and in the case of an individual with a | 13 | | dependent child or dependent children, the greater of (i) the | 14 | | product of the dependent child allowance rate multiplied by his | 15 | | or her prior average weekly wage, rounded (if not already a | 16 | | multiple of one dollar) to the next higher dollar, or (ii) the | 17 | | lesser of $50 or 50% of his or her weekly benefit amount, | 18 | | rounded (if not already a multiple of one dollar) to the next | 19 | | higher dollar, provided that the total amount payable to the | 20 | | individual with respect to a week shall not exceed the product | 21 | | of the statewide average weekly wage multiplied by the sum of | 22 | | 47% plus the dependent child allowance rate, rounded (if not | 23 | | already a multiple of one dollar) to the next higher dollar. | 24 | | With respect to any benefit year beginning in calendar year | 25 | | 2016, an individual to whom benefits are payable with respect | 26 | | to any week shall, in addition to those benefits, be paid, with |
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| 1 | | respect to such week, as follows: in the case of an individual | 2 | | with a nonworking spouse, the greater of (i) 9% of his or her | 3 | | prior average weekly wage, rounded (if not already a multiple | 4 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 5 | | that the total amount payable to the individual with respect to | 6 | | a week shall not exceed 51.8% of the statewide average weekly | 7 | | wage, rounded (if not already a multiple of one dollar) to the | 8 | | next higher dollar; and in the case of an individual with a | 9 | | dependent child or dependent children, the greater of (i) the | 10 | | product of the dependent child allowance rate multiplied by his | 11 | | or her prior average weekly wage, rounded (if not already a | 12 | | multiple of one dollar) to the next higher dollar, or (ii) the | 13 | | lesser of $50 or 50% of his or her weekly benefit amount, | 14 | | rounded (if not already a multiple of one dollar) to the next | 15 | | higher dollar, provided that the total amount payable to the | 16 | | individual with respect to a week shall not exceed the product | 17 | | of the statewide average weekly wage multiplied by the sum of | 18 | | 42.8% plus the dependent child allowance rate, rounded (if not | 19 | | already a multiple of one dollar) to the next higher dollar. | 20 | | With respect to any benefit year beginning in calendar year | 21 | | 2018, an individual to whom benefits are payable with respect | 22 | | to any 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 51.9% 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 | | 42.9% 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 each benefit year beginning after calendar | 17 | | year 2012 2009 , the
dependent child allowance rate shall be the | 18 | | sum of the allowance adjustment
applicable pursuant to Section | 19 | | 1400.1 to the calendar year in which the benefit
year begins, | 20 | | plus the dependent child
allowance rate with respect to each | 21 | | benefit year beginning in the immediately
preceding calendar | 22 | | year, except as otherwise provided in this subsection. The | 23 | | dependent
child allowance rate with respect to each benefit | 24 | | year beginning in calendar year 2010 shall not be 17.9% greater | 25 | | than 18.2% .
The dependent child allowance rate with respect to | 26 | | each benefit year beginning in calendar year 2011 shall be |
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| 1 | | 17.4%. The reduced by 0.2% absolute below the rate it would | 2 | | otherwise have been pursuant to this subsection and, with | 3 | | respect to each benefit year beginning after calendar year | 4 | | 2010, except as otherwise provided, shall not be less than | 5 | | 17.1% or greater than 18.0%. Unless, as a result of this | 6 | | sentence, the agreement between the Federal Government and | 7 | | State regarding the Federal Additional Compensation program | 8 | | established under Section 2002 of the American Recovery and | 9 | | Reinvestment Act, or a successor program, would not apply or | 10 | | would cease to apply, the dependent child allowance rate with | 11 | | respect to each benefit year beginning in calendar year 2012 | 12 | | shall be 17.0% reduced by 0.1% absolute below the rate it would | 13 | | otherwise have been pursuant to this subsection and, with | 14 | | respect to each benefit year beginning after calendar year 2012 | 15 | | 2011 , shall not be less than 17.0% or greater than 17.9%.
| 16 | | For the purposes of this subsection:
| 17 | | "Dependent" means a child or a nonworking spouse.
| 18 | | "Child" means a natural child, stepchild, or adopted child | 19 | | of an
individual claiming benefits under this Act or a child | 20 | | who is in the
custody of any such individual by court order, | 21 | | for whom the individual is
supplying and, for at least 90 | 22 | | consecutive days (or for the duration of
the parental | 23 | | relationship if it has existed for less than 90 days)
| 24 | | immediately preceding any week with respect to which the | 25 | | individual has
filed a claim, has supplied more than one-half | 26 | | the cost of support, or
has supplied at least 1/4 of the cost |
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| 1 | | of support if the individual and
the other parent, together, | 2 | | are supplying and, during the aforesaid
period, have supplied | 3 | | more than one-half the cost of support, and are,
and were | 4 | | during the aforesaid period, members of the same household; and
| 5 | | who, on the first day of such week (a) is under 18 years of age, | 6 | | or (b)
is, and has been during the immediately preceding 90 | 7 | | days, unable to
work because of illness or other disability: | 8 | | provided, that no person
who has been determined to be a child | 9 | | of an individual who has been
allowed benefits with respect to | 10 | | a week in the individual's benefit
year shall be deemed to be a | 11 | | child of the other parent, and no other
person shall be | 12 | | determined to be a child of such other parent, during
the | 13 | | remainder of that benefit year.
| 14 | | "Nonworking spouse" means the lawful husband or wife of an | 15 | | individual
claiming benefits under this Act, for whom more than | 16 | | one-half the cost
of support has been supplied by the | 17 | | individual for at least 90
consecutive days (or for the | 18 | | duration of the marital relationship if it
has existed for less | 19 | | than 90 days) immediately preceding any week with
respect to | 20 | | which the individual has filed a claim, but only if the
| 21 | | nonworking spouse is currently ineligible to receive benefits | 22 | | under this
Act by reason of the provisions of Section 500E.
| 23 | | An individual who was obligated by law to provide for the | 24 | | support of
a child or of a nonworking spouse for the aforesaid | 25 | | period of 90 consecutive
days, but was prevented by illness or | 26 | | injury from doing so, shall be deemed
to have provided more |
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| 1 | | than one-half the cost of supporting the child or
nonworking | 2 | | spouse for that period.
| 3 | | (Source: P.A. 96-30, eff. 6-30-09; 97-621, eff. 11-18-11.)
| 4 | | (820 ILCS 405/706) (from Ch. 48, par. 456)
| 5 | | Sec. 706. Benefits undisputed or allowed - Prompt payment. | 6 | | Benefits shall be paid promptly in accordance with a claims
| 7 | | adjudicator's finding and determination, or reconsidered | 8 | | finding or
reconsidered determination, or the decision of a | 9 | | Referee, the Board of
Review or a reviewing court, upon the | 10 | | issuance of such finding and
determination, reconsidered | 11 | | finding, reconsidered determination or
decision, regardless of | 12 | | the pendency of the period to apply for
reconsideration, file | 13 | | an appeal, or file a complaint for judicial review,
or the | 14 | | pendency of any such application or filing, unless and until | 15 | | such
finding, determination, reconsidered finding, | 16 | | reconsidered determination or
decision has been modified or | 17 | | reversed by a subsequent reconsidered finding
or reconsidered | 18 | | determination or decision, in which event benefits shall be
| 19 | | paid or denied with respect to weeks thereafter in accordance | 20 | | with such
reconsidered finding, reconsidered determination, or | 21 | | modified or reversed
finding, determination, reconsidered | 22 | | finding, reconsidered determination or
decision. Except as | 23 | | otherwise provided in this Section, if If benefits are paid | 24 | | pursuant to a finding or a determination, or
a reconsidered | 25 | | finding, or a reconsidered determination, or a decision of a
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| 1 | | Referee, the Board of Review or a court, which is finally | 2 | | reversed or
modified in subsequent proceedings with respect | 3 | | thereto, the benefit wages
on which such benefits are based | 4 | | shall, for the purposes set forth in
Section 1502, or benefit | 5 | | charges, for purposes set forth in Section
1502.1, be treated | 6 | | in the same manner as if such final reconsidered
finding, | 7 | | reconsidered determination, or decision had been the finding or
| 8 | | determination of the claims adjudicator. If benefits are paid | 9 | | pursuant to a finding, determination, reconsidered finding or | 10 | | determination, or a decision of a Referee, the Board of Review, | 11 | | or a court which is finally reversed or modified in subsequent | 12 | | proceedings with respect thereto, the benefit charges, for | 13 | | purposes set forth in Section 1502.1, shall be treated in the | 14 | | same manner as if the finding, determination, reconsidered | 15 | | finding or determination, or decision of the Referee, the Board | 16 | | of Review, or the court pursuant to which benefits were paid | 17 | | had not been reversed if: (1) the benefits were paid because | 18 | | the employer or an agent of the employer was at fault for | 19 | | failing to respond timely or adequately to the Department's | 20 | | request for information relating to the claim; and (2) the | 21 | | employer or agent has established a pattern of failing to | 22 | | respond timely or adequately to such requests.
| 23 | | (Source: P.A. 85-956.)
| 24 | | (820 ILCS 405/900) (from Ch. 48, par. 490)
| 25 | | Sec. 900. Recoupment.) A. Whenever an individual has |
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| 1 | | received any
sum as benefits for which he is found to have been | 2 | | ineligible, the
amount thereof may be recovered by suit in the | 3 | | name of the People of the
State of Illinois, or, from benefits | 4 | | payable to him, may be recouped:
| 5 | | 1. At any time, if, to receive such sum, he knowingly made | 6 | | a false
statement or knowingly failed to disclose a material | 7 | | fact.
| 8 | | 2. Within 3 years from any date prior to January 1,
1984, | 9 | | on which he has been found to have been
ineligible for any | 10 | | other reason, pursuant to a reconsidered finding or a
| 11 | | reconsidered determination, or pursuant to the decision of a | 12 | | Referee
(or of the Director or his representative under Section | 13 | | 604) which modifies
or sets aside a finding or a reconsidered | 14 | | finding or a determination or
a reconsidered determination; or | 15 | | within 5 years from any date
after December 31, 1983, on which | 16 | | he has been
found to have been ineligible for
any other reason, | 17 | | pursuant to a reconsidered finding or a reconsidered
| 18 | | determination, or pursuant to the decision of a Referee (or of | 19 | | the Director
or his representative under Section 604) which | 20 | | modifies or sets aside a
finding or a reconsidered finding or a | 21 | | determination or a reconsidered
determination. Recoupment | 22 | | pursuant to the provisions of
this paragraph from benefits | 23 | | payable to an individual for any week may be
waived upon the | 24 | | individual's request, if the sum referred to in paragraph
A was | 25 | | received by the individual without fault on his part and if | 26 | | such
recoupment would be against equity and good conscience. |
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| 1 | | Such waiver may be
denied with respect to any subsequent week | 2 | | if, in that week, the facts and
circumstances upon which waiver | 3 | | was based no longer exist.
| 4 | | B. Whenever the claims adjudicator referred to in Section | 5 | | 702
decides that any sum received by a claimant as benefits | 6 | | shall be
recouped, or denies recoupment waiver requested by the | 7 | | claimant, he shall
promptly notify the claimant of his decision | 8 | | and the
reasons therefor. The decision and the notice thereof | 9 | | shall state the
amount to be recouped, the weeks with respect | 10 | | to which such sum was
received by the claimant, and the time | 11 | | within which it may be recouped and,
as the case may be, the | 12 | | reasons for denial of recoupment waiver.
The claims adjudicator | 13 | | may reconsider his decision within one year after
the date when | 14 | | the decision was made. Such decision or reconsidered
decision | 15 | | may be appealed to a Referee within the time limits prescribed
| 16 | | by Section 800 for appeal from a determination. Any such | 17 | | appeal, and
any appeal from the Referee's decision thereon, | 18 | | shall be governed by the
applicable provisions of Sections 801, | 19 | | 803, 804 and 805. No recoupment
shall be begun until the | 20 | | expiration of the time limits prescribed by
Section 800 of this | 21 | | Act or, if an appeal has been filed, until the
decision of a | 22 | | Referee has been made thereon affirming the decision of
the | 23 | | Claims Adjudicator.
| 24 | | C. Any sums recovered under the provisions of this Section | 25 | | shall be
treated as repayments to the Department Director of | 26 | | sums improperly obtained by the
claimant.
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| 1 | | D. Whenever, by reason of a back pay award made by any | 2 | | governmental
agency or pursuant to arbitration proceedings, or | 3 | | by reason of a payment
of wages wrongfully withheld by an | 4 | | employing unit, an individual has
received wages for weeks with | 5 | | respect to which he has received benefits,
the amount of such | 6 | | benefits may be recouped or otherwise recovered as
herein | 7 | | provided. An employing unit making a back pay award to an
| 8 | | individual for weeks with respect to which the individual has | 9 | | received
benefits shall make the back pay award by check | 10 | | payable jointly to the
individual and to the Department | 11 | | Director .
| 12 | | E. The amount recouped pursuant to paragraph 2 of | 13 | | subsection A from
benefits payable to an individual for any | 14 | | week shall not exceed 25% of
the individual's weekly benefit | 15 | | amount.
| 16 | | In addition to the remedies provided by this Section, when | 17 | | an
individual has received any sum as benefits for which he is | 18 | | found to be
ineligible, the Director may request the | 19 | | Comptroller to withhold such sum
in accordance with Section | 20 | | 10.05 of the State Comptroller Act and the Director may request | 21 | | the Secretary of the Treasury to withhold such sum to the | 22 | | extent allowed by and in accordance with Section 6402(f) of the | 23 | | federal Internal Revenue Code of 1986, as amended. Benefits
| 24 | | paid pursuant to this Act shall not be subject to such | 25 | | withholding. Where the Director requests withholding by the | 26 | | Secretary of the Treasury pursuant to this Section, in addition |
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| 1 | | to the amount of benefits for which the individual has been | 2 | | found ineligible, the individual shall be liable for any | 3 | | legally authorized administrative fee assessed by the | 4 | | Secretary, with such fee to be added to the amount to be | 5 | | withheld by the Secretary.
| 6 | | (Source: P.A. 97-621, eff. 11-18-11.)
| 7 | | (820 ILCS 405/901.1 new) | 8 | | Sec. 901.1. Additional penalty. In addition to the | 9 | | penalties imposed under Section 901, an individual who, for the | 10 | | purposes of obtaining benefits, knowingly makes a false | 11 | | statement or knowingly fails to disclose a material fact, and | 12 | | thereby obtains any sum as benefits for which he or she is not | 13 | | eligible, shall be required to pay a penalty in an amount equal | 14 | | to 15% of such sum. All of the provisions of Section 900 | 15 | | applicable to the recovery of sums described in paragraph 1 of | 16 | | subsection A of Section 900 shall apply to penalties imposed | 17 | | pursuant to this Section. All penalties collected under this | 18 | | Section shall be treated in the same manner as benefits | 19 | | recovered from such individual.
| 20 | | (820 ILCS 405/1300) (from Ch. 48, par. 540)
| 21 | | Sec. 1300. Waiver or transfer of benefit rights - Partial | 22 | | exemption.
| 23 | | (A) Except as otherwise provided herein any agreement by an | 24 | | individual
to waive, release or commute his rights under this |
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| 1 | | Act shall be void.
| 2 | | (B) Benefits due under this Act shall not be assigned, | 3 | | pledged, encumbered,
released or commuted and shall be exempt | 4 | | from all claims of creditors and
from levy, execution and | 5 | | attachment or other remedy for recovery or
collection of a | 6 | | debt. However, nothing in this Section shall prohibit a
| 7 | | specified or agreed upon deduction from benefits by an | 8 | | individual, or a
court or administrative order for withholding | 9 | | of income, for payment of
past due child support from being | 10 | | enforced and collected by the Department
of Healthcare and | 11 | | Family Services on behalf of persons receiving a grant of | 12 | | financial aid under
Article IV of the Illinois Public Aid Code, | 13 | | persons for whom an application
has been made and approved for | 14 | | child support enforcement services under
Section 10-1 of such
| 15 | | Code, or persons similarly situated and receiving like services
| 16 | | in other states. It is provided that:
| 17 | | (1) The aforementioned deduction of benefits and order | 18 | | for withholding
of income apply only if appropriate | 19 | | arrangements have been made for
reimbursement to the | 20 | | Department Director by the Department of Healthcare and | 21 | | Family Services for any
administrative costs incurred by | 22 | | the Director under this Section.
| 23 | | (2) The Director shall deduct and withhold from | 24 | | benefits payable under
this Act, or under any arrangement | 25 | | for the payment of benefits entered into
by the Director | 26 | | pursuant to the powers granted under Section 2700 of this
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| 1 | | Act, the amount specified or agreed upon. In the case of a | 2 | | court
or administrative order for withholding of income, | 3 | | the Director shall
withhold the amount of the order.
| 4 | | (3) Any amount deducted and withheld by the Director | 5 | | shall be paid to
the Department of Healthcare and Family | 6 | | Services or the State Disbursement Unit established
under | 7 | | Section 10-26 of the Illinois Public Aid Code, as directed | 8 | | by the
Department of Healthcare and Family Services, on | 9 | | behalf of the individual.
| 10 | | (4) Any amount deducted and withheld under subsection | 11 | | (3) shall for all
purposes be treated as if it were paid to | 12 | | the individual as benefits and
paid by such individual to | 13 | | the Department of Healthcare and Family Services
or the | 14 | | State
Disbursement Unit in satisfaction of the | 15 | | individual's child support
obligations.
| 16 | | (5) For the purpose of this Section, child support is | 17 | | defined
as those obligations which are being enforced | 18 | | pursuant to a plan described
in Title IV, Part D, Section | 19 | | 454 of the Social Security Act and approved
by the | 20 | | Secretary of Health and Human Services.
| 21 | | (6) The deduction of benefits and order for withholding | 22 | | of income for
child support shall be governed by Titles III | 23 | | and IV of the Social Security
Act and all regulations duly | 24 | | promulgated thereunder.
| 25 | | (C) Nothing in this Section prohibits an individual from | 26 | | voluntarily
electing to have federal income tax deducted and |
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| 1 | | withheld from his or her
unemployment insurance benefit | 2 | | payments.
| 3 | | (1) The Director shall, at the time that an individual | 4 | | files his or her
claim for benefits that establishes his or | 5 | | her benefit year, inform the
individual that:
| 6 | | (a) unemployment insurance is subject to federal, | 7 | | State, and local
income
taxes;
| 8 | | (b) requirements exist pertaining to estimated tax | 9 | | payments;
| 10 | | (c) the individual may elect to have federal income | 11 | | tax deducted and
withheld from his or her payments of | 12 | | unemployment insurance in the amount
specified in the | 13 | | federal Internal Revenue Code; and
| 14 | | (d) the individual is permitted to change a | 15 | | previously elected
withholding status.
| 16 | | (2) Amounts deducted and withheld from unemployment | 17 | | insurance shall remain
in the unemployment fund until | 18 | | transferred to the federal taxing authority as a
payment of | 19 | | income tax.
| 20 | | (3) The Director shall follow all procedures specified | 21 | | by the United
States Department of Labor and the federal | 22 | | Internal Revenue Service pertaining
to the deducting and | 23 | | withholding of income tax.
| 24 | | (4) Amounts shall be deducted and withheld in | 25 | | accordance with the
priorities established in rules | 26 | | promulgated by the Director.
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| 1 | | (D) Nothing in this Section prohibits an individual from | 2 | | voluntarily
electing to have State of Illinois income tax | 3 | | deducted and withheld from his or
her unemployment insurance | 4 | | benefit payments.
| 5 | | (1) The Director
shall, at the time that an individual | 6 | | files his or her claim for benefits that
establishes his or | 7 | | her benefit year, in addition to providing the notice
| 8 | | required under subsection C, inform the individual that:
| 9 | | (a) the individual may elect to have State of | 10 | | Illinois income tax
deducted and withheld from his or | 11 | | her payments of unemployment insurance; and
| 12 | | (b) the individual is permitted to change a | 13 | | previously elected
withholding status.
| 14 | | (2) Amounts deducted and withheld from unemployment | 15 | | insurance shall remain
in the unemployment fund until | 16 | | transferred to the Department of Revenue as a
payment of | 17 | | State of Illinois income tax.
| 18 | | (3) Amounts shall be deducted and withheld in | 19 | | accordance with the
priorities established in rules | 20 | | promulgated by the Director.
| 21 | | (E) Nothing in this Section prohibits the deduction and | 22 | | withholding of an
uncollected overissuance of food stamp | 23 | | coupons from unemployment insurance
benefits pursuant to this | 24 | | subsection (E).
| 25 | | (1) At the time that an individual files a claim for | 26 | | benefits that
establishes his or her benefit year, that |
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| 1 | | individual must disclose whether or
not he or she owes an | 2 | | uncollected overissuance (as defined in Section 13(c)(1)
| 3 | | of the federal Food Stamp Act of 1977) of food stamp | 4 | | coupons. The Director
shall notify the State food stamp | 5 | | agency enforcing such obligation of any
individual who | 6 | | discloses that he or she owes an uncollected overissuance | 7 | | of
food stamp coupons and who meets the monetary | 8 | | eligibility requirements of
subsection E of
Section 500.
| 9 | | (2) The Director shall deduct and withhold from any | 10 | | unemployment insurance
benefits payable to an individual | 11 | | who owes an uncollected overissuance of food
stamp coupons:
| 12 | | (a) the amount specified by the individual to the | 13 | | Director to be
deducted and withheld under this | 14 | | subsection (E);
| 15 | | (b) the amount (if any) determined pursuant to an | 16 | | agreement submitted
to the State food stamp agency | 17 | | under Section 13(c)(3)(A) of the federal Food
Stamp Act | 18 | | of 1977; or
| 19 | | (c) any amount otherwise required to be deducted | 20 | | and withheld from
unemployment insurance benefits | 21 | | pursuant to Section 13(c)(3)(B) of the federal
Food | 22 | | Stamp Act of 1977.
| 23 | | (3) Any amount deducted and withheld pursuant to this | 24 | | subsection (E) shall
be paid by the Director to the State | 25 | | food stamp agency.
| 26 | | (4) Any amount deducted and withheld pursuant to this |
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| 1 | | subsection (E) shall
for all purposes be treated as if it | 2 | | were paid to the individual as
unemployment insurance | 3 | | benefits and paid by the individual to the State food
stamp | 4 | | agency as repayment of the individual's uncollected | 5 | | overissuance of food
stamp coupons.
| 6 | | (5) For purposes of this subsection (E), "unemployment | 7 | | insurance benefits"
means any compensation payable under | 8 | | this Act including amounts payable by the
Director pursuant | 9 | | to an agreement under any federal law providing for
| 10 | | compensation, assistance, or allowances with respect to | 11 | | unemployment.
| 12 | | (6) This subsection (E) applies only if arrangements | 13 | | have been made for
reimbursement by the State food stamp | 14 | | agency for the administrative costs
incurred by the | 15 | | Director under this subsection (E) which are attributable | 16 | | to
the repayment of uncollected overissuances of food stamp | 17 | | coupons to the State
food stamp agency.
| 18 | | (Source: P.A. 94-237, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 19 | | (820 ILCS 405/1401) (from Ch. 48, par. 551)
| 20 | | Sec. 1401. Interest. Any employer who shall fail to pay | 21 | | any contributions
(including any amounts due pursuant to | 22 | | Section 1506.3) when required of him by the provisions of this | 23 | | Act and the rules
and regulations of the Director, whether or | 24 | | not the amount thereof has been
determined and assessed by the | 25 | | Director, shall pay to the Department Director , in
addition to |
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| 1 | | such contribution, interest thereon at the rate of one percent
| 2 | | (1%) per month and one-thirtieth (1/30) of one percent (1%) for | 3 | | each day or
fraction thereof computed from the day upon which | 4 | | said contribution became
due. After 1981, such interest shall | 5 | | accrue at the rate of 2% per month,
computed at the rate of | 6 | | 12/365 of 2% for each day or fraction thereof, upon
any unpaid | 7 | | contributions which become due, provided that, after 1987, for
| 8 | | the purposes of calculating interest due under this Section | 9 | | only, payments
received more than 30 days after such | 10 | | contributions become due shall be
deemed received on the last | 11 | | day of the month preceding the month in which
they were | 12 | | received except that, if the last day of such preceding month | 13 | | is
less than 30 days after the date that such contributions | 14 | | became due, then
such payments shall be deemed to have been | 15 | | received on the 30th day after
the date such contributions | 16 | | became due.
| 17 | | However, all or part of any interest may be waived by the | 18 | | Director for
good cause shown.
| 19 | | (Source: P.A. 93-634, eff. 1-1-04.)
| 20 | | (820 ILCS 405/1402) (from Ch. 48, par. 552)
| 21 | | Sec. 1402. Penalties. | 22 | | A. If any employer fails, within the time prescribed in | 23 | | this Act as
amended and in effect on October 5, 1980, and the | 24 | | regulations of the
Director, to file a report of wages paid to | 25 | | each of his workers, or to file
a sufficient report of such |
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| 1 | | wages after having been notified by the
Director to do so, for | 2 | | any period which begins prior to January 1, 1982, he
shall pay | 3 | | to the Department Director as a penalty a sum determined in | 4 | | accordance with
the provisions of this Act as amended and in | 5 | | effect on October 5, 1980.
| 6 | | B. Except as otherwise provided in this Section, any | 7 | | employer who
fails to file a report of wages paid to each of | 8 | | his
workers for any period which begins on or after January 1, | 9 | | 1982, within the
time prescribed by the provisions of this Act | 10 | | and the regulations of the
Director, or, if the Director | 11 | | pursuant to such regulations extends the time
for filing the | 12 | | report, fails to file it within the extended time, shall, in
| 13 | | addition to any sum otherwise payable by him under the | 14 | | provisions of this
Act, pay to the Department Director as a | 15 | | penalty a sum equal to the lesser of (1) $5
for each $10,000 or | 16 | | fraction thereof of the total wages for insured work
paid by | 17 | | him during the period or (2) $2,500, for each month
or part | 18 | | thereof of such failure to file the report. With respect to an | 19 | | employer who has elected to file reports of wages on an annual | 20 | | basis pursuant to Section 1400.2, in assessing penalties for | 21 | | the failure to submit all reports by the due date established | 22 | | pursuant to that Section, the 30-day period immediately | 23 | | following the due date shall be considered as one month.
| 24 | | If the Director deems an employer's report of wages paid to | 25 | | each of his
workers for any period which begins on or after | 26 | | January 1, 1982,
insufficient, he shall notify the employer to |
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| 1 | | file a sufficient report. If
the employer fails to file such | 2 | | sufficient report within 30 days after the
mailing of the | 3 | | notice to him, he shall, in addition to any sum otherwise
| 4 | | payable by him under the provisions of this Act, pay to the | 5 | | Department Director as a
penalty a sum determined in accordance | 6 | | with the provisions of the first
paragraph of this subsection, | 7 | | for each month or part thereof of such
failure to file such | 8 | | sufficient report after the date of the notice.
| 9 | | For wages paid in calendar years prior to 1988, the penalty | 10 | | or
penalties which accrue under the two foregoing paragraphs
| 11 | | with respect to a report for any period shall not be less than | 12 | | $100, and
shall not exceed the lesser of
(1) $10 for each | 13 | | $10,000 or fraction thereof
of the total wages for insured work | 14 | | paid during the period or (2) $5,000.
For wages paid in | 15 | | calendar years after 1987, the penalty or penalties which
| 16 | | accrue under the 2 foregoing paragraphs with respect to a | 17 | | report for any
period shall not be less than $50, and shall not | 18 | | exceed the lesser of (1)
$10 for each $10,000 or fraction of | 19 | | the total wages for insured work
paid during the period or (2) | 20 | | $5,000.
With respect to an employer who has elected to file | 21 | | reports of wages on an annual basis pursuant to Section 1400.2, | 22 | | for purposes of calculating the minimum penalty prescribed by | 23 | | this Section for failure to file the reports on a timely basis, | 24 | | a calendar year shall constitute a single period. For reports | 25 | | of wages paid after 1986, the Director shall not,
however, | 26 | | impose a penalty pursuant to either of the two foregoing
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| 1 | | paragraphs on any employer who can prove within 30 working days | 2 | | after the
mailing of a notice of his failure to file such a | 3 | | report, that (1) the
failure to file the report is his first | 4 | | such failure during the previous 20
consecutive calendar | 5 | | quarters, and (2) the amount of the total
contributions due for | 6 | | the calendar quarter of such report is less than $500.
| 7 | | Any employer who wilfully fails to pay any contribution or | 8 | | part
thereof, based upon wages paid prior to 1987,
when | 9 | | required by the provisions of this Act and the regulations of | 10 | | the
Director, with intent to defraud the Director, shall in | 11 | | addition to such
contribution or part thereof pay to the | 12 | | Department Director a penalty equal to 50 percent
of the amount | 13 | | of such contribution or part thereof, as the case may
be, | 14 | | provided that the penalty shall not be less than $200.
| 15 | | Any employer who willfully fails to pay any contribution or | 16 | | part
thereof, based upon wages paid in 1987 and in each | 17 | | calendar year
thereafter, when required by the
provisions of | 18 | | this Act and the regulations of the Director, with intent to
| 19 | | defraud the Director, shall in addition to such contribution or | 20 | | part
thereof pay to the Department Director a penalty equal to | 21 | | 60% of the amount of such
contribution or part thereof, as the | 22 | | case may be, provided that the penalty
shall not be less than | 23 | | $400.
| 24 | | However, all or part of any penalty may be waived by the | 25 | | Director for
good cause shown.
| 26 | | (Source: P.A. 94-723, eff. 1-19-06.)
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| 1 | | (820 ILCS 405/1501.1) (from Ch. 48, par. 571.1)
| 2 | | Sec. 1501.1. Benefit charges. A. When an individual
is paid | 3 | | regular benefits with respect to a week in a
benefit year which | 4 | | begins on or after July 1, 1989 ,
an amount equal to such | 5 | | regular benefits, including
dependents' allowances, shall | 6 | | immediately become benefit charges.
| 7 | | B. (Blank). When an individual is paid regular benefits on | 8 | | or
after July 1, 1989, with respect to a week in a benefit
year | 9 | | which began prior to July 1, 1989, an amount equal
to such | 10 | | regular benefits, including dependents' allowances,
shall | 11 | | immediately become benefit charges.
| 12 | | C. When an individual is paid extended benefits with
| 13 | | respect to any week in his eligibility period beginning
in a | 14 | | benefit year which begins on or after July 1, 1989 ,
an amount | 15 | | equal to one-half of such extended benefits
including | 16 | | dependents' allowances, shall immediately
become benefit | 17 | | charges.
| 18 | | D. (Blank). When an individual is paid extended benefits on | 19 | | or
after July 1, 1989, with respect to any week in his | 20 | | eligibility
period beginning in a benefit year which began | 21 | | prior
to July 1, 1989, an amount equal to one-half of such
| 22 | | extended benefits including dependents' allowances,
shall | 23 | | immediately become benefit charges.
| 24 | | E. Notwithstanding the foregoing subsections, the payment
| 25 | | of benefits shall not become benefit charges if, by
reason of |
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| 1 | | the application of subsection B the third paragraph of
Section | 2 | | 237, he is paid benefits based upon wages other
than those paid | 3 | | in a base period as defined in subsections A and C the second
| 4 | | paragraph of Section 237.
| 5 | | F. (Blank). Notwithstanding the foregoing subsections, the | 6 | | payment
of regular or extended benefits on or after July 1,
| 7 | | 1989, with respect to a week in a benefit year which
began | 8 | | prior to July 1, 1989, shall not become benefit
charges under | 9 | | subsections B and D above where such benefit
charges, had they | 10 | | been benefit wages under Section 1501,
would have been subject | 11 | | to transfer under subsection F of Section 1501.
| 12 | | G. (Blank). Notwithstanding any other provision of this | 13 | | Act,
the benefit charges with respect to the payment of regular
| 14 | | or extended benefits on or after July 1, 1989, with respect
to | 15 | | a week in a benefit year which began prior to July
1, 1989, | 16 | | shall not exceed the difference between the
base period wages | 17 | | paid with respect to that benefit
year and the wages which | 18 | | became benefit wages with respect
to that same benefit year | 19 | | (not including any benefit
wages transferred pursuant to | 20 | | subsection F of Section 1501), provided
that any change after | 21 | | September 30, 1989, in either base
period wages or wages which | 22 | | became benefit wages as
a result of benefit payments made prior | 23 | | to July 1, 1989
shall not affect such benefit charges.
| 24 | | H. For the purposes of this Section and of Section 1504,
| 25 | | benefits shall be deemed to have been paid on the date
such | 26 | | payment has been mailed to the individual by the Director or |
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| 1 | | the date on which the Director initiates an electronic transfer | 2 | | of the benefits to the individual's debit card or financial | 3 | | institution account .
| 4 | | (Source: P.A. 85-956.)
| 5 | | (820 ILCS 405/1505) (from Ch. 48, par. 575)
| 6 | | Sec. 1505. Adjustment of state experience factor. The state | 7 | | experience
factor shall be adjusted in accordance with the | 8 | | following provisions:
| 9 | | A. For calendar years prior to 1988, the state experience | 10 | | factor shall be adjusted in accordance with the provisions of | 11 | | this Act as amended and in effect on November 18, 2011. This | 12 | | subsection shall apply to each calendar year prior to 1980 for
| 13 | | which a state experience factor is being determined.
| 14 | | For every $7,000,000 (or fraction thereof) by which the | 15 | | amount
standing to the credit of this State's account in the | 16 | | unemployment trust
fund as of June 30 of the calendar year | 17 | | immediately preceding the
calendar year for which the state | 18 | | experience factor is being determined
falls below | 19 | | $450,000,000, the state experience factor for the succeeding
| 20 | | calendar year shall be increased 1 percent absolute.
| 21 | | For every $7,000,000 (or fraction thereof) by which the | 22 | | amount
standing to the credit of this State's account in the | 23 | | unemployment trust
fund as of June 30 of the calendar year | 24 | | immediately preceding the
calendar year for which the state | 25 | | experience factor is being determined
exceeds $450,000,000, |
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| 1 | | the state experience factor for the succeeding
year shall be | 2 | | reduced 1 percent absolute.
| 3 | | B. (Blank). This subsection shall apply to the calendar | 4 | | years 1980
through 1987, for which the state experience factor | 5 | | is being determined.
| 6 | | For every $12,000,000 (or fraction thereof) by which the | 7 | | amount
standing to the credit of this State's account in the | 8 | | unemployment trust
fund as of June 30 of the calendar year | 9 | | immediately preceding the
calendar year for which the state | 10 | | experience factor is being determined
falls below | 11 | | $750,000,000, the state experience factor for the succeeding
| 12 | | calendar year shall be increased 1 percent absolute.
| 13 | | For every $12,000,000 (or fraction thereof) by which the | 14 | | amount
standing to the credit of this State's account in the | 15 | | unemployment trust
fund as of June 30 of the calendar year | 16 | | immediately preceding the
calendar year for which the state | 17 | | experience factor is being determined
exceeds $750,000,000, | 18 | | the state experience factor for the succeeding
year shall be | 19 | | reduced 1 percent absolute.
| 20 | | C. For This subsection shall apply to the calendar year | 21 | | 1988
and each calendar year thereafter, for which the state
| 22 | | experience factor is being determined.
| 23 | | 1. For every $50,000,000 (or fraction thereof) by which
| 24 | | the adjusted trust fund balance falls below the target | 25 | | balance set forth in
this subsection,
the state experience | 26 | | factor for the succeeding year shall
be increased one |
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| 1 | | percent absolute.
| 2 | | For every $50,000,000 (or fraction thereof) by which
| 3 | | the adjusted trust fund balance exceeds the target balance | 4 | | set forth in this
subsection, the
state experience factor | 5 | | for the succeeding year shall be
decreased by one percent | 6 | | absolute.
| 7 | | The target balance in each calendar year prior to 2003 | 8 | | is $750,000,000.
The
target balance in
calendar year 2003 | 9 | | is $920,000,000. The target balance in calendar year 2004 | 10 | | is
$960,000,000.
The target balance in calendar year 2005 | 11 | | and each calendar year thereafter
is
$1,000,000,000.
| 12 | | 2. For the purposes of this subsection:
| 13 | | "Net trust fund balance" is the amount standing to the
| 14 | | credit of this State's account in the unemployment trust
| 15 | | fund as of June 30 of the calendar year immediately | 16 | | preceding
the year for which a state experience factor is | 17 | | being determined.
| 18 | | "Adjusted trust fund balance" is the net trust fund | 19 | | balance
minus the sum of the benefit reserves for fund | 20 | | building
for July 1, 1987 through June 30 of the year prior | 21 | | to the
year for which the state experience factor is being | 22 | | determined.
The adjusted trust fund balance shall not be | 23 | | less than
zero. If the preceding calculation results in a | 24 | | number
which is less than zero, the amount by which it is | 25 | | less
than zero shall reduce the sum of the benefit reserves
| 26 | | for fund building for subsequent years.
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| 1 | | For the purpose of determining the state experience | 2 | | factor
for 1989 and for each calendar year thereafter, the | 3 | | following
"benefit reserves for fund building" shall apply | 4 | | for each
state experience factor calculation in which that | 5 | | 12 month
period is applicable:
| 6 | | a. For the 12 month period ending on June 30, 1988, | 7 | | the
"benefit reserve for fund building" shall be | 8 | | 8/104th of
the total benefits paid from January 1, 1988 | 9 | | through June 30, 1988.
| 10 | | b. For the 12 month period ending on June 30, 1989, | 11 | | the
"benefit reserve for fund building" shall be the | 12 | | sum of:
| 13 | | i. 8/104ths of the total benefits paid from | 14 | | July 1,
1988 through December 31, 1988, plus
| 15 | | ii. 4/108ths of the total benefits paid from | 16 | | January
1, 1989 through June 30, 1989.
| 17 | | c. For the 12 month period ending on June 30, 1990, | 18 | | the
"benefit reserve for fund building" shall be | 19 | | 4/108ths of
the total benefits paid from July 1, 1989 | 20 | | through December 31, 1989.
| 21 | | d. For 1992 and for each calendar year thereafter, | 22 | | the
"benefit reserve for fund building" for the 12 | 23 | | month period
ending on June 30, 1991 and for each | 24 | | subsequent 12 month
period shall be zero.
| 25 | | 3. Notwithstanding the preceding provisions of this | 26 | | subsection,
for calendar years 1988 through 2003, the state |
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| 1 | | experience factor shall not
be increased or decreased
by | 2 | | more than 15 percent absolute.
| 3 | | D. Notwithstanding the provisions of subsection C, the
| 4 | | adjusted state experience factor:
| 5 | | 1. Shall be 111 percent for calendar year 1988;
| 6 | | 2. Shall not be less than 75 percent nor greater than
| 7 | | 135 percent for calendar years 1989 through 2003; and shall | 8 | | not
be less than 75% nor greater than 150% for calendar | 9 | | year 2004 and each
calendar year
thereafter, not counting | 10 | | any increase pursuant to subsection D-1, D-2, or D-3;
| 11 | | 3. Shall not be decreased by more than 5 percent | 12 | | absolute for any
calendar year, beginning in calendar year | 13 | | 1989 and through calendar year
1992, by more than 6% | 14 | | absolute for calendar years 1993
through 1995, by more than | 15 | | 10% absolute for calendar years
1999 through 2003 and by | 16 | | more than 12% absolute for calendar year 2004 and
each | 17 | | calendar year thereafter, from the adjusted state
| 18 | | experience factor of the calendar year preceding the | 19 | | calendar year for which
the adjusted state experience | 20 | | factor is being determined;
| 21 | | 4. Shall not be increased by more than 15% absolute for | 22 | | calendar year
1993, by more than 14% absolute for calendar | 23 | | years 1994 and
1995, by more than 10% absolute for calendar | 24 | | years 1999
through 2003 and by more than 16% absolute for | 25 | | calendar year 2004 and each
calendar
year
thereafter, from | 26 | | the adjusted state experience factor for the calendar year
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| 1 | | preceding the calendar year for which the adjusted state | 2 | | experience factor
is being determined;
| 3 | | 5. Shall be 100% for calendar years 1996, 1997, and | 4 | | 1998.
| 5 | | D-1. The adjusted state experience factor for each of | 6 | | calendar years 2013 through 2015 shall be increased by 5% | 7 | | absolute above the adjusted state experience factor as | 8 | | calculated without regard to this subsection. The adjusted | 9 | | state experience factor for each of calendar years 2016 through | 10 | | 2018 shall be increased by 6% absolute above the adjusted state | 11 | | experience factor as calculated without regard to this | 12 | | subsection. The increase in the adjusted state experience | 13 | | factor for calendar year 2018 pursuant to this subsection shall | 14 | | not be counted for purposes of applying paragraph 3 or 4 of | 15 | | subsection D to the calculation of the adjusted state | 16 | | experience factor for calendar year 2019. | 17 | | D-2. The adjusted state experience factor for calendar year | 18 | | 2016 shall be increased by 19% absolute above the adjusted | 19 | | state experience factor as calculated without regard to this | 20 | | subsection. The increase in the adjusted state experience | 21 | | factor for calendar year 2016 pursuant to this subsection shall | 22 | | not be counted for purposes of applying paragraph 3 or 4 of | 23 | | subsection D to the calculation of the adjusted state | 24 | | experience factor for calendar year 2017. | 25 | | D-3. The adjusted state experience factor for calendar year | 26 | | 2018 shall be increased by 19% absolute above the adjusted |
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| 1 | | state experience factor as calculated without regard to this | 2 | | subsection. The increase in the adjusted state experience | 3 | | factor for calendar year 2018 pursuant to this subsection shall | 4 | | not be counted for purposes of applying paragraph 3 or 4 of | 5 | | subsection D to the calculation of the adjusted state | 6 | | experience factor for calendar year 2019. | 7 | | E. The amount standing to the credit of this State's | 8 | | account in the
unemployment trust fund as of June 30 shall be | 9 | | deemed to include as part
thereof (a) any amount receivable on | 10 | | that date from any Federal
governmental agency, or as a payment | 11 | | in lieu of contributions under the
provisions of Sections 1403 | 12 | | and 1405 B and paragraph 2 of Section 302C,
in reimbursement of | 13 | | benefits paid to individuals, and (b) amounts
credited by the | 14 | | Secretary of the Treasury of the United States to this
State's | 15 | | account in the unemployment trust fund pursuant to Section 903
| 16 | | of the Federal Social Security Act, as amended, including any | 17 | | such
amounts which have been appropriated by the General | 18 | | Assembly in
accordance with the provisions of Section 2100 B | 19 | | for expenses of
administration, except any amounts which have | 20 | | been obligated on or
before that date pursuant to such | 21 | | appropriation.
| 22 | | (Source: P.A. 97-621, eff. 11-18-11.)
| 23 | | (820 ILCS 405/1506.1) (from Ch. 48, par. 576.1)
| 24 | | Sec. 1506.1. Determination of Employer's Contribution | 25 | | Rate.
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| 1 | | A. The contribution rate for any calendar year prior to | 2 | | 1991 1982 of each
employer whose contribution rate is | 3 | | determined as provided in Sections 1501 through 1507, | 4 | | inclusive, who has incurred liability for the payment of | 5 | | contributions within
each of the three calendar years | 6 | | immediately preceding the calendar year for
which a rate is | 7 | | being determined shall be determined in accordance with
the | 8 | | provisions of this Act as amended and in effect on November 18, | 9 | | 2011 October 5, 1980 .
| 10 | | B. (Blank). The contribution rate for calendar years 1982 | 11 | | and 1983 of
each employer who has incurred liability for the | 12 | | payment of contributions
within each of the three calendar | 13 | | years immediately preceding the calendar
year for which a rate | 14 | | is being determined shall be the product obtained by
| 15 | | multiplying the employer's benefit wage ratio for that calendar | 16 | | year by the
adjusted state experience factor for the same year, | 17 | | provided that:
| 18 | | 1. No employer's contribution rate shall be lower than | 19 | | two-tenths of
1 percent or higher than 5.3%; and
| 20 | | 2. Intermediate contribution rates between such | 21 | | minimum and maximum
rates shall be at one-tenth of 1 | 22 | | percent intervals.
| 23 | | 3. If the product obtained as provided in this | 24 | | subsection is not an
exact multiple of one-tenth of 1 | 25 | | percent, it shall be increased or
reduced, as the case may | 26 | | be, to the nearer multiple of one-tenth of 1
percent. If |
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| 1 | | such product is equally near to two multiples of one-tenth
| 2 | | of 1 percent, it shall be increased to the higher multiple | 3 | | of one-tenth
of 1 percent. If such product is less than | 4 | | two-tenths of one percent,
it shall be increased to | 5 | | two-tenths of 1 percent, and if greater than 5.3%,
it shall | 6 | | be reduced to 5.3%.
| 7 | | The contribution rate of each employer for whom wages | 8 | | became
benefit wages during the applicable period specified in | 9 | | Section 1503,
but who paid no contributions upon wages for | 10 | | insured work during such
period on or before the date | 11 | | designated in Section 1503, shall be 5.3%.
| 12 | | The contribution rate of each employer for whom no wages | 13 | | became
benefit wages during the applicable period specified in | 14 | | Section 1503,
and who paid no contributions upon wages for | 15 | | insured work during such
period on or before the date specified | 16 | | in Section 1503, shall be 2.7 percent.
| 17 | | Notwithstanding the other provisions of this Section, no | 18 | | employer's
contribution rate with respect to calendar years | 19 | | 1982 and
1983 shall exceed 2.7 percent of the wages for insured | 20 | | work paid
by him during any calendar quarter, if such wages | 21 | | paid during such
calendar quarter total less than $50,000.
| 22 | | C. (Blank). The contribution rate for calendar years 1984, | 23 | | 1985 and 1986 of each
employer who has incurred liability
for | 24 | | the payment of contributions within each of the two calendar | 25 | | years
immediately preceding the calendar year for which a rate | 26 | | is being determined
shall be the product obtained by |
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| 1 | | multiplying the employer's benefit wage
ratio for that calendar | 2 | | year by the adjusted state experience factor for
the same year, | 3 | | provided that:
| 4 | | 1. An employer's minimum contribution rate shall be the | 5 | | greater of: .2%;
or, the product obtained by multiplying | 6 | | .2% by the adjusted state experience
factor for the | 7 | | applicable calendar year.
| 8 | | 2. An employer's maximum contribution rate shall be the | 9 | | greater of 5.5%
or the product of 5.5% and the adjusted | 10 | | State experience factor for the
applicable calendar year | 11 | | except that such maximum contribution rate shall
not be | 12 | | higher than 6.3% for calendar year 1984, nor be higher than | 13 | | 6.6%
or lower than 6.4% for calendar year 1985, nor be | 14 | | higher than 6.7% or lower
than 6.5% for calendar year 1986.
| 15 | | 3. If any product obtained in this subsection is not an | 16 | | exact
multiple of one-tenth of one percent, it shall be | 17 | | increased or reduced,
as the case may be to the nearer | 18 | | multiple of one-tenth of one percent. If
such product is | 19 | | equally near to two multiples of one-tenth of one percent,
| 20 | | it shall be increased to the higher multiple of one-tenth | 21 | | of one percent.
| 22 | | 4. Intermediate rates between such minimum and maximum | 23 | | rates shall be
at one-tenth of one percent intervals.
| 24 | | The contribution rate of each employer for whom wages | 25 | | became benefit wages
during the applicable period specified in | 26 | | Section 1503, but who paid no
contributions upon wages for |
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| 1 | | insured work during such period on or before
the date | 2 | | designated in Section 1503, shall be the maximum contribution | 3 | | rate
as determined by paragraph 2 of this subsection. The | 4 | | contribution rate for
each employer for whom no wages became | 5 | | benefit wages during the applicable
period on or before the | 6 | | date specified in Section 1503, and who paid no
contributions | 7 | | upon wages for insured work during such period on or before
the | 8 | | date specified in Section 1503, shall be the greater of 2.7% or | 9 | | 2.7%
times the then current adjusted state experience factor as | 10 | | determined by
the Director in accordance with the provisions of | 11 | | Sections 1504 and 1505.
| 12 | | Notwithstanding, the other provisions of this Section, no | 13 | | employer's
contribution rate with respect to the calendar year | 14 | | 1984 shall exceed 2.7
percent times the then current adjusted | 15 | | state experience factor as
determined by the Director in | 16 | | accordance with the provisions of Sections
1504 and 1505 of the | 17 | | wages for insured work paid by him during any calendar
quarter, | 18 | | if such wages paid during such calendar quarter total less than
| 19 | | $50,000.
| 20 | | D. (Blank). The contribution rate for calendar years 1987, | 21 | | 1988, 1989 and 1990
of each employer who
has incurred liability | 22 | | for the payment of contributions within each of the
three | 23 | | calendar years immediately preceding the calendar year for | 24 | | which a
rate is being determined shall be the product obtained | 25 | | by multiplying the
employer's benefit wage ratio for that | 26 | | calendar year by the adjusted state
experience factor for the |
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| 1 | | same year, provided, that:
| 2 | | 1. An employer's minimum contribution rate shall be the | 3 | | greater of .2%
or the product obtained by multiplying .2% | 4 | | by the adjusted State
experience factor for the applicable | 5 | | calendar year.
| 6 | | 2. An employer's maximum contribution rate shall be the | 7 | | greater of 5.5%
or the product of 5.5% and the adjusted | 8 | | State experience factor for the
calendar year 1987 except | 9 | | that such maximum contribution rate shall not be
higher | 10 | | than 6.7% or lower than 6.5% and an employer's maximum
| 11 | | contribution rate for 1988, 1989 and 1990 shall be the | 12 | | greater of 6.4% or
the product of 6.4% and the adjusted | 13 | | State experience factor for the
applicable calendar year.
| 14 | | 3. If any product obtained in this subsection is not an | 15 | | exact multiple
of one-tenth of one percent, it shall be | 16 | | increased or reduced, as the case
may be to the nearer | 17 | | multiple of one-tenth of 1 percent. If such product
is | 18 | | equally near to two multiples of one-tenth of 1 percent, it | 19 | | shall be
increased to the higher multiple of one-tenth of 1 | 20 | | percent.
| 21 | | 4. Intermediate rates between such minimum and maximum | 22 | | rates shall be at
one-tenth of 1 percent intervals.
| 23 | | The contribution rate of each employer for whom wages | 24 | | became benefit
wages during the applicable period specified in | 25 | | Section 1503, but who did
not report wages for insured work | 26 | | during such period, shall be the maximum
contribution rate as |
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| 1 | | determined by paragraph 2 of this subsection. The
contribution | 2 | | rate for each employer for whom no wages became benefit wages
| 3 | | during the applicable period specified in Section 1503, and who | 4 | | did not
report wages for insured work during such period, shall | 5 | | be the greater of 2.7%
or 2.7% times the then current adjusted | 6 | | State experience factor as
determined by the Director in | 7 | | accordance with the provisions of Sections 1504 and 1505.
| 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). Notwithstanding the other provisions of this | 26 | | Section, and pursuant to
Section 271 of the Tax Equity and |
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| 1 | | Fiscal Responsibility Act of 1982, as
amended, no employer's | 2 | | contribution rate with respect to calendar years
1985, 1986, | 3 | | 1987 and 1988 shall, for any calendar quarter during which the
| 4 | | wages paid by that employer are less than $50,000, exceed the | 5 | | following:
with respect to calendar year 1985, 3.7%; with | 6 | | respect to calendar year 1986,
4.1%; with respect to calendar | 7 | | year 1987, 4.5%; and with respect to
calendar year 1988, 5.0%.
| 8 | | G. Notwithstanding the other provisions of this Section, no | 9 | | employer's
contribution rate with respect to calendar year 1989 | 10 | | and each calendar year
thereafter shall exceed 5.4% of the | 11 | | wages for insured work paid by him
during any calendar quarter, | 12 | | if such wages paid during such calendar
quarter total less than | 13 | | $50,000, plus any applicable penalty contribution rate | 14 | | calculated pursuant to subsection C of Section 1507.1.
| 15 | | (Source: P.A. 97-621, eff. 11-18-11.)
| 16 | | (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3)
| 17 | | Sec. 1506.3. Fund building rates - Temporary | 18 | | Administrative Funding.
| 19 | | A. Notwithstanding any other provision of this Act, an | 20 | | employer's contribution rate for calendar years prior to 2004 | 21 | | shall be determined in accordance with the provisions of this | 22 | | Act as amended and in effect on November 18, 2011. The the | 23 | | following fund
building rates shall be in effect for the | 24 | | following calendar years:
| 25 | | For each employer whose contribution rate for 1988, 1989, |
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| 1 | | 1990, the
first, third, and fourth quarters of 1991, 1992, | 2 | | 1993, 1994, 1995,
and 1997 through 2003 would, in the
absence | 3 | | of this
Section, be 0.2% or higher, a contribution rate which | 4 | | is the sum of such rate
and a fund building rate of 0.4%;
| 5 | | For each employer whose contribution rate for the second | 6 | | quarter of
1991 would, in the absence of this Section, be 0.2% | 7 | | or higher, a
contribution rate which is the sum of such rate | 8 | | and 0.3%;
| 9 | | For each employer whose contribution rate for 1996 would, | 10 | | in the absence of
this Section, be 0.1% or higher, a | 11 | | contribution rate which is the sum of such
rate and 0.4%;
| 12 | | For each employer whose contribution rate for 2004 through | 13 | | 2009 would, in
the
absence
of this Section, be 0.2% or higher, | 14 | | a contribution rate which is the sum of
such rate and the
| 15 | | following: a fund building rate of 0.7% for 2004; a fund | 16 | | building rate of 0.9%
for 2005; a fund
building rate of 0.8% | 17 | | for 2006 and 2007; a fund building rate of 0.6% for 2008;
a | 18 | | fund building
rate of 0.4% for 2009.
| 19 | | Except as otherwise provided in this Section, for each | 20 | | employer whose contribution rate for 2010 and any calendar year
| 21 | | thereafter
is determined pursuant to Section 1500 or 1506.1, | 22 | | including but not limited to an employer whose contribution | 23 | | rate pursuant to Section 1506.1 is 0.0%, a contribution rate
| 24 | | which is the sum of the rate determined pursuant to Section | 25 | | 1500 or 1506.1
and a fund building rate equal to the sum of the | 26 | | rate adjustment
applicable to that year
pursuant to Section |
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| 1 | | 1400.1, plus the fund building rate in effect pursuant to
this | 2 | | Section for the
immediately preceding calendar year. | 3 | | For calendar year 2012 and any outstanding bond year | 4 | | thereafter, for each employer whose contribution rate is | 5 | | determined pursuant to Section 1500 or 1506.1, including but | 6 | | not limited to an employer whose contribution rate pursuant to | 7 | | Section 1506.1 is 0.0%, a contribution rate which is the sum of | 8 | | the rate determined pursuant to Section 1500 or 1506.1 and | 9 | | .55%. For purposes of this subsection, a calendar year is an | 10 | | outstanding bond year if, as of October 31 of the immediately | 11 | | preceding calendar year, there are bonds outstanding pursuant | 12 | | to the Illinois Unemployment Insurance Trust Fund Financing | 13 | | Act. | 14 | | Notwithstanding any provision to the
contrary, the fund
| 15 | | building rate in effect for any calendar year after calendar | 16 | | year 2009 shall
not be less than 0.4%
or greater than 0.55%.
| 17 | | Notwithstanding any other provision to the contrary, the fund | 18 | | building rate established pursuant to this Section shall not | 19 | | apply with respect to the first quarter of calendar year 2011. | 20 | | The changes made to Section 235 by this amendatory Act of the | 21 | | 97th General Assembly are intended to offset the loss of | 22 | | revenue to the State's account in the unemployment trust fund | 23 | | with respect to the first quarter of calendar year 2011 as a | 24 | | result of Section 1506.5 and the changes made to this Section | 25 | | by this amendatory Act of the 97th General Assembly.
| 26 | | Notwithstanding the preceding paragraphs of this Section
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| 1 | | or any other provision of this Act, except for the provisions
| 2 | | contained in Section 1500 pertaining to rates applicable
to | 3 | | employers classified under the Standard Industrial
Code,
or | 4 | | another classification system sanctioned by the United States | 5 | | Department
of Labor and prescribed by the Director by rule,
no | 6 | | employer whose total wages for insured work
paid by him during | 7 | | any calendar quarter in 1988 and
any calendar year thereafter | 8 | | are less than $50,000 shall
pay contributions at a rate with | 9 | | respect to such quarter
which exceeds the following: with | 10 | | respect to calendar year
1988, 5%; with respect to 1989 and any | 11 | | calendar year thereafter, 5.4%, plus any penalty contribution | 12 | | rate calculated pursuant to subsection C of Section 1507.1.
| 13 | | Notwithstanding the preceding paragraph of this Section, | 14 | | or any other
provision of this Act, no employer's contribution | 15 | | rate with respect to calendar
years 1993 through 1995 shall | 16 | | exceed 5.4% if the employer ceased operations at
an Illinois | 17 | | manufacturing facility in 1991 and remained closed at that | 18 | | facility
during all of 1992, and the employer in 1993 commits | 19 | | to invest at least
$5,000,000 for the purpose of resuming | 20 | | operations at that facility, and the
employer rehires during | 21 | | 1993 at least 250 of the individuals employed by it at
that | 22 | | facility during the one year period prior to the cessation of | 23 | | its
operations, provided that, within 30 days after the | 24 | | effective date of this
amendatory Act of 1993, the employer | 25 | | makes application to the Department to
have the provisions of | 26 | | this paragraph apply to it. The immediately preceding
sentence |
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| 1 | | shall be null and void with respect to an employer which by | 2 | | December
31, 1993 has not satisfied the rehiring requirement | 3 | | specified by this paragraph
or which by December 31, 1994 has | 4 | | not made the investment specified by this
paragraph. | 5 | | All payments attributable to the fund building rate | 6 | | established
pursuant to
this Section with
respect to the first | 7 | | quarter of calendar year 2013 and
any calendar quarter | 8 | | thereafter as of the close of which there are either bond
| 9 | | obligations
outstanding pursuant to the Illinois Unemployment | 10 | | Insurance Trust Fund
Financing Act, or bond
obligations | 11 | | anticipated to be outstanding as of either or both of the 2
| 12 | | immediately succeeding
calendar quarters, shall be directed | 13 | | for deposit into the Master Bond Fund. Notwithstanding any | 14 | | other provision of this subsection, no fund building rate shall | 15 | | be added to any penalty contribution rate assessed pursuant to | 16 | | subsection C of Section 1507.1.
| 17 | | B. (Blank). Notwithstanding any other provision of this | 18 | | Act, for the second
quarter of 1991, the contribution rate of | 19 | | each employer as determined in
accordance with Sections 1500, | 20 | | 1506.1, and subsection A of this Section
shall be equal to the | 21 | | sum of such rate and 0.1%; provided that this
subsection shall | 22 | | not apply to any employer whose rate computed under
Section | 23 | | 1506.1 for such quarter is between 5.1% and 5.3%, inclusive, | 24 | | and
who qualifies for the 5.4% rate ceiling imposed by the last | 25 | | paragraph of
subsection A for such quarter. All payments made | 26 | | pursuant to this
subsection shall be deposited in the |
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| 1 | | Employment Security Administrative
Fund established under | 2 | | Section 2103.1 and used for the administration of
this Act.
| 3 | | C. (Blank). Payments received by the Director which are | 4 | | insufficient to pay the
total contributions due under the Act | 5 | | shall be first applied to satisfy the
amount due pursuant to | 6 | | subsection B.
| 7 | | C-1. Payments received by the Department Director with | 8 | | respect to the first quarter
of
calendar year 2013
and any | 9 | | calendar quarter
thereafter as of the close of
which there are | 10 | | either bond obligations outstanding pursuant to the Illinois
| 11 | | Unemployment
Insurance Trust Fund Financing Act, or bond | 12 | | obligations anticipated to be
outstanding as of either or both | 13 | | of the 2 immediately succeeding calendar
quarters, shall, to | 14 | | the extent they are insufficient to pay the total
amount due | 15 | | under the Act with respect to the quarter, be first applied to
| 16 | | satisfy the amount due
with respect to that quarter and | 17 | | attributable to the fund building rate
established pursuant to | 18 | | this
Section. Notwithstanding any other provision to the | 19 | | contrary, with respect to
an employer whose
contribution rate | 20 | | with respect to a quarter subject to this subsection would
have | 21 | | exceeded 5.4%
but for the 5.4% rate ceiling imposed pursuant to | 22 | | subsection A, the amount due
from the
employer with respect to | 23 | | that quarter and attributable to the fund building
rate | 24 | | established
pursuant to subsection A shall equal the amount, if | 25 | | any, by which the amount
due and
attributable to the 5.4% rate | 26 | | exceeds the amount that would have been due and
attributable to |
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| 1 | | the
employer's rate determined pursuant to Sections 1500 and | 2 | | 1506.1, without regard
to the fund
building rate established | 3 | | pursuant to subsection A.
| 4 | | D. All provisions of this Act applicable to the collection | 5 | | or refund of
any contribution due under this Act shall be | 6 | | applicable to the collection or
refund of amounts due pursuant | 7 | | to subsection B and amounts directed pursuant
to this Section | 8 | | for deposit into the Master
Bond Fund to the extent
they would | 9 | | not otherwise be considered as contributions.
| 10 | | (Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11.)
| 11 | | (820 ILCS 405/1506.5) | 12 | | Sec. 1506.5. Surcharge; specified period. With respect to | 13 | | the first quarter of calendar year 2011, each employer shall | 14 | | pay a surcharge equal to 0.5% of the total wages for insured | 15 | | work subject to the payment of contributions under Sections | 16 | | 234, 235, and 245. The surcharge established by this Section | 17 | | shall be due at the same time as contributions with respect to | 18 | | the first quarter of calendar year 2011 are due, as provided in | 19 | | Section 1400. Notwithstanding any other provision to the | 20 | | contrary, with respect to an employer whose contribution rate | 21 | | with respect to the first quarter of calendar year 2011, | 22 | | calculated without regard to this amendatory Act of the 97th | 23 | | General Assembly, would have exceeded 5.4% but for the 5.4% | 24 | | rate ceiling imposed pursuant to subsection A of Section | 25 | | 1506.3, the amount due from the employer with respect to that |
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| 1 | | quarter and attributable to the surcharge established pursuant | 2 | | to this Section shall equal the amount, if any, by which the | 3 | | amount due and attributable to the 5.4% rate exceeds the amount | 4 | | that would have been due and attributable to the employer's | 5 | | rate determined pursuant to Sections 1500 and 1506.1. Payments | 6 | | received by the Department Director with respect to the first | 7 | | quarter of calendar year 2011 shall, to the extent they are | 8 | | insufficient to pay the total amount due under the Act with | 9 | | respect to the quarter, be first applied to satisfy the amount | 10 | | due with respect to that quarter and attributable to the | 11 | | surcharge established pursuant to this Section. All provisions | 12 | | of this Act applicable to the collection or refund of any | 13 | | contribution due under this Act shall be applicable to the | 14 | | collection or refund of amounts due pursuant to this Section. | 15 | | Interest shall accrue with respect to amounts due pursuant to | 16 | | this Section to the same extent and under the same terms and | 17 | | conditions as provided by Section 1401 with respect to | 18 | | contributions. The changes made to Section 235 by this | 19 | | amendatory Act of the 97th General Assembly are intended to | 20 | | offset the loss of revenue to the State's account in the | 21 | | unemployment trust fund with respect to the first quarter of | 22 | | calendar year 2011 as a result of this Section 1506.5 and the | 23 | | changes made to Section 1506.3 by this amendatory Act of the | 24 | | 97th General Assembly.
| 25 | | (Source: P.A. 97-1, eff. 3-31-11.)
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| 1 | | (820 ILCS 405/1801.1)
| 2 | | Sec. 1801.1. Directory of New Hires.
| 3 | | A. The Director shall establish and operate an automated | 4 | | directory of newly
hired employees which shall be known as the | 5 | | "Illinois Directory of New Hires"
which shall contain the | 6 | | information required to be reported by employers to the
| 7 | | Department under subsection B.
In the administration of the | 8 | | Directory, the Director
shall comply with any requirements | 9 | | concerning the Employer New Hire Reporting
Program established | 10 | | by the
federal Personal Responsibility and Work
Opportunity | 11 | | Reconciliation
Act of 1996. The Director is authorized to use | 12 | | the information contained in
the Directory of New Hires to | 13 | | administer any of the provisions of this Act.
| 14 | | B. Each employer in Illinois, except a department, agency, | 15 | | or
instrumentality of the United States, shall file with the | 16 | | Department a report
in accordance with rules adopted by the | 17 | | Department (but
in any event not later
than 20 days after the | 18 | | date the employer hires the employee or, in the case of
an | 19 | | employer transmitting reports magnetically or electronically, | 20 | | by 2 monthly
transmissions, if necessary, not less than 12 days | 21 | | nor more than 16 days apart)
providing
the following | 22 | | information concerning each newly hired employee: the
| 23 | | employee's name, address, and social security number, the date | 24 | | services for remuneration were first performed by the employee, | 25 | | and the employer's name,
address, Federal Employer | 26 | | Identification Number assigned under Section 6109 of
the |
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| 1 | | Internal Revenue Code of 1986, and such other information
as | 2 | | may be required by federal law or regulation,
provided that | 3 | | each employer may voluntarily file the address to which the | 4 | | employer wants income
withholding orders to be mailed, if it is | 5 | | different from the address given on
the Federal Employer | 6 | | Identification Number. An
employer in Illinois which transmits | 7 | | its reports electronically or
magnetically and which also has | 8 | | employees in another state may report all
newly hired employees | 9 | | to a single designated state in which the employer has
| 10 | | employees if it has so notified the Secretary of the United | 11 | | States Department
of Health and Human Services in writing.
An | 12 | | employer may, at its option, submit information regarding
any | 13 | | rehired employee in the same manner as information is submitted
| 14 | | regarding a newly hired employee.
Each report required under | 15 | | this
subsection shall, to the extent practicable, be made on an | 16 | | Internal Revenue Service Form W-4 or, at the
option of the | 17 | | employer, an equivalent form, and may be transmitted by first
| 18 | | class mail, by telefax, magnetically, or electronically.
| 19 | | C. An employer which knowingly fails to comply with the | 20 | | reporting
requirements established by this Section shall be | 21 | | subject to a civil penalty of
$15 for each individual whom it | 22 | | fails to report. An employer shall be
considered to have | 23 | | knowingly failed to comply with the reporting requirements
| 24 | | established by this Section with respect to an individual if | 25 | | the employer has
been notified by the Department that it has | 26 | | failed to report
an individual, and it fails, without |
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| 1 | | reasonable cause, to supply the
required information to the | 2 | | Department within 21 days after the date of
mailing of the | 3 | | notice.
Any individual who knowingly conspires with the newly | 4 | | hired
employee to cause the employer
to fail to report the | 5 | | information required by this Section or who knowingly
conspires | 6 | | with the newly hired employee to cause the employer to file a | 7 | | false
or incomplete report shall be guilty of a Class B | 8 | | misdemeanor with a fine not
to exceed $500 with respect to each | 9 | | employee with whom the individual so
conspires.
| 10 | | D. As used in this Section,
"newly hired employee" means an
| 11 | | individual who (i) is an employee within the meaning of Chapter | 12 | | 24 of the Internal
Revenue Code of 1986 , and (ii) either has | 13 | | not previously been employed by the employer or was previously | 14 | | employed by the employer but has been separated from that prior | 15 | | employment for at least 60 consecutive days whose reporting to | 16 | | work which results in earnings
from
the employer is the first | 17 | | instance within the preceding 180 days that the
individual has | 18 | | reported for work
for which earnings were received
from that | 19 | | employer ; however, "newly hired employee" does not
include
an | 20 | | employee of a federal or State agency performing intelligence | 21 | | or
counterintelligence functions, if the head of that agency | 22 | | has determined that
the filing of the report required by this | 23 | | Section with respect to the employee
could endanger the safety | 24 | | of
the employee
or compromise an ongoing investigation or
| 25 | | intelligence mission.
| 26 | | Notwithstanding Section 205, and for the purposes of this |
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| 1 | | Section only, the
term "employer" has the meaning given by | 2 | | Section 3401(d) of the Internal
Revenue Code of 1986 and | 3 | | includes any governmental entity and labor
organization as | 4 | | defined by Section 2(5) of the National Labor Relations Act,
| 5 | | and includes any entity (also known as a hiring hall) which is | 6 | | used by the
organization and an employer to carry out the | 7 | | requirements described in Section
8(f)(3) of that Act of an | 8 | | agreement between the organization and the
employer.
| 9 | | (Source: P.A. 97-621, eff. 11-18-11.)
| 10 | | (820 ILCS 405/2100) (from Ch. 48, par. 660)
| 11 | | Sec. 2100. Handling of funds - Bond - Accounts.
| 12 | | A. All contributions
and payments in lieu of contributions | 13 | | collected under this Act, including but
not limited to fund | 14 | | building receipts and receipts attributable to the surcharge | 15 | | established pursuant to Section 1506.5, together
with any | 16 | | interest thereon; all penalties collected pursuant to this Act; | 17 | | any
property or securities acquired through the use thereof; | 18 | | all moneys advanced
to this State's account in the unemployment | 19 | | trust fund pursuant to the
provisions
of Title XII of the | 20 | | Social Security Act, as amended; all moneys directed for
| 21 | | transfer from the Master Bond Fund or the Title XII Interest | 22 | | Fund to this State's account in the unemployment
trust fund;
| 23 | | all moneys received
from the Federal government as | 24 | | reimbursements pursuant to Section 204 of
the Federal-State | 25 | | Extended Unemployment Compensation Act of 1970, as amended;
all |
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| 1 | | moneys credited to this State's account in the unemployment | 2 | | trust fund
pursuant to Section 903 of the Federal Social | 3 | | Security Act, as amended;
all administrative fees collected | 4 | | from individuals pursuant to Section 900 or from employing | 5 | | units pursuant to Section 2206.1; and all earnings of such | 6 | | property or securities and any interest earned
upon any such | 7 | | moneys shall be paid or turned over to the Department and held | 8 | | by the Director,
as ex-officio custodian of
the clearing | 9 | | account, the unemployment trust fund account and the benefit
| 10 | | account, and by the State Treasurer, as ex-officio custodian of | 11 | | the special
administrative account, separate
and apart from all | 12 | | public moneys or funds of this State, as hereinafter
provided. | 13 | | Such moneys shall be administered by the Director exclusively
| 14 | | for the purposes of this Act.
| 15 | | No such moneys shall be paid or expended except upon the | 16 | | direction of the
Director in accordance with such regulations | 17 | | as he shall prescribe pursuant
to the provisions of this Act.
| 18 | | The State Treasurer shall be liable on his general official | 19 | | bond for the
faithful performance of his duties in connection | 20 | | with the moneys in the
special administrative account provided | 21 | | for under
this Act. Such liability on his official bond shall | 22 | | exist in addition to
the liability upon any separate bond given | 23 | | by him. All sums recovered for
losses sustained by the account | 24 | | shall be
deposited in that account.
| 25 | | The Director shall be liable on his general official bond | 26 | | for the faithful
performance of his duties in connection with |
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| 1 | | the moneys in the clearing
account, the benefit account and | 2 | | unemployment trust fund account provided
for under this Act. | 3 | | Such liability on his official bond shall exist in
addition to | 4 | | the liability upon any separate bond given by him. All sums
| 5 | | recovered for losses sustained by any one of the accounts shall | 6 | | be deposited
in the account that sustained such loss.
| 7 | | The Treasurer shall maintain for such moneys a special
| 8 | | administrative account. The Director shall
maintain for such | 9 | | moneys 3 separate accounts: a clearing account,
a benefit | 10 | | account , and an unemployment trust fund account. All moneys | 11 | | payable
under this Act (except moneys requisitioned from this | 12 | | State's account in
the unemployment trust fund and deposited in | 13 | | the benefit account and moneys directed for deposit into the | 14 | | Special Programs Fund provided for under Section 2107), | 15 | | including
but not limited to moneys directed for transfer from | 16 | | the Master
Bond Fund or the Title XII Interest Fund to this | 17 | | State's account in the unemployment trust fund,
upon
receipt | 18 | | thereof by the Director , shall be immediately deposited in the
| 19 | | clearing account;
provided, however, that, except as is | 20 | | otherwise provided in this Section,
interest and penalties | 21 | | shall not be deemed a part of the clearing account
but shall be | 22 | | transferred immediately upon clearance thereof to the special
| 23 | | administrative account; further provided that an amount not to | 24 | | exceed $90,000,000 in payments attributable to the surcharge | 25 | | established pursuant to Section 1506.5, including any interest | 26 | | thereon, shall not be deemed a part of the clearing account but |
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| 1 | | shall be transferred immediately upon clearance thereof to the | 2 | | Title XII Interest Fund.
| 3 | | After clearance thereof, all other moneys in the clearing | 4 | | account shall
be immediately deposited by the Director with the
| 5 | | Secretary of the Treasury of the United States of America to | 6 | | the credit
of the account of this State in the unemployment | 7 | | trust fund, established
and maintained pursuant to the Federal | 8 | | Social Security Act, as amended,
except fund building receipts, | 9 | | which shall be deposited into the Master Bond
Fund.
The benefit | 10 | | account shall consist of all moneys requisitioned from this
| 11 | | State's account in the unemployment trust fund. The moneys in | 12 | | the benefit
account shall be expended in accordance with | 13 | | regulations prescribed by the
Director and solely for the | 14 | | payment of benefits, refunds of contributions,
interest and | 15 | | penalties under the provisions of the Act, the payment of
| 16 | | health insurance in accordance with Section 410 of this Act, | 17 | | and the transfer
or payment of funds to any Federal or State | 18 | | agency pursuant to reciprocal
arrangements entered into by the | 19 | | Director under the provisions of Section
2700E, except that | 20 | | moneys credited to this State's account in the unemployment
| 21 | | trust fund pursuant to Section 903 of the Federal Social | 22 | | Security Act, as
amended, shall be used exclusively as provided | 23 | | in subsection B. For purposes
of this Section only, to the | 24 | | extent allowed by applicable legal
requirements, the
payment of | 25 | | benefits includes but is not limited to the payment of | 26 | | principal on
any bonds issued
pursuant to the Illinois |
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| 1 | | Unemployment Insurance Trust Fund Financing Act,
exclusive of | 2 | | any
interest or administrative expenses in connection with the | 3 | | bonds. The
Director
shall, from time to time, requisition from | 4 | | the unemployment trust fund such
amounts, not exceeding the | 5 | | amounts standing to the State's account therein,
as he deems | 6 | | necessary solely for the payment of such benefits, refunds,
and | 7 | | funds, for a reasonable future period. The Director, as | 8 | | ex-officio
custodian of the benefit account, which shall be | 9 | | kept separate and apart
from all other public moneys, shall | 10 | | issue payment of
such benefits, refunds, health insurance and | 11 | | funds solely from the moneys so
received
into the benefit | 12 | | account. However, after January 1, 1987, no payment shall
be | 13 | | drawn on such benefit account unless at the time of drawing | 14 | | there is
sufficient money in the account to make the payment. | 15 | | The Director shall
retain in the clearing account
an amount of | 16 | | interest and
penalties equal to the amount of
interest and | 17 | | penalties to be refunded from the benefit account. After
| 18 | | clearance thereof, the amount so retained shall be immediately | 19 | | deposited
by the Director, as are all other moneys in the | 20 | | clearing account,
with the Secretary of the Treasury of the | 21 | | United States. If, at any
time, an insufficient amount of | 22 | | interest and penalties is available for
retention in the | 23 | | clearing account, no refund of interest or penalties
shall be | 24 | | made from the benefit account until a sufficient amount is
| 25 | | available for retention and is so retained, or until the State
| 26 | | Treasurer, upon the direction of the Director, transfers to the |
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| 1 | | Director
a sufficient amount from the special administrative | 2 | | account, for
immediate deposit in the benefit account.
| 3 | | Any balance of moneys requisitioned from the unemployment | 4 | | trust fund
which remains unclaimed or unpaid in the benefit | 5 | | account
after the expiration of the period for which such sums | 6 | | were
requisitioned
shall either be deducted from estimates of | 7 | | and may be utilized for authorized
expenditures during | 8 | | succeeding periods, or, in the discretion of the
Director, | 9 | | shall be redeposited with the Secretary of the Treasury of the
| 10 | | United States to the credit of the State's account in the | 11 | | unemployment
trust fund.
| 12 | | Moneys in the clearing, benefit and special administrative | 13 | | accounts
shall not be commingled with other State funds but | 14 | | they shall be
deposited as required by law and maintained in | 15 | | separate accounts on the
books of a savings and loan | 16 | | association or bank.
| 17 | | No bank or savings and loan association shall receive | 18 | | public funds as
permitted by this Section, unless it has | 19 | | complied with the requirements
established pursuant to Section | 20 | | 6 of "An Act relating to certain investments
of public funds by | 21 | | public agencies", approved July 23, 1943, as now or
hereafter
| 22 | | amended.
| 23 | | B. Moneys credited to the account of this State in the | 24 | | unemployment
trust fund by the Secretary of the Treasury of the | 25 | | United States
pursuant to Section 903 of the Social Security | 26 | | Act may be
requisitioned from this State's account and used as |
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| 1 | | authorized by
Section 903. Any interest required to be paid on | 2 | | advances
under Title XII of the Social Security Act shall be | 3 | | paid in a timely manner
and shall not be paid, directly or | 4 | | indirectly, by an equivalent reduction
in contributions or | 5 | | payments in lieu of contributions from amounts in this
State's | 6 | | account in the unemployment trust fund. Such moneys may be
| 7 | | requisitioned and used for the payment of expenses incurred for | 8 | | the
administration of this Act, but only pursuant to a specific
| 9 | | appropriation by the General Assembly and only if the expenses | 10 | | are
incurred and the moneys are requisitioned after the | 11 | | enactment of an
appropriation law which:
| 12 | | 1. Specifies the purpose or purposes for which such | 13 | | moneys are
appropriated and the amount or amounts | 14 | | appropriated therefor;
| 15 | | 2. Limits the period within which such moneys may be | 16 | | obligated to a
period ending not more than 2 years after | 17 | | the date of the enactment of
the appropriation law; and
| 18 | | 3. Limits the amount which may be obligated during any | 19 | | fiscal year
to an amount which does not exceed the amount | 20 | | by which (a) the aggregate
of the amounts transferred to | 21 | | the account of this State
pursuant to Section
903 of the | 22 | | Social Security Act exceeds (b) the aggregate of the | 23 | | amounts used
by this State pursuant to
this Act and charged | 24 | | against the amounts transferred to the account of this
| 25 | | State.
| 26 | | For purposes of paragraph (3) above, amounts obligated for
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| 1 | | administrative purposes pursuant to an appropriation shall be | 2 | | chargeable
against transferred amounts at the exact time the | 3 | | obligation is entered
into. The appropriation, obligation, and | 4 | | expenditure or other disposition
of money appropriated under | 5 | | this subsection shall be accounted for in
accordance with | 6 | | standards established by the United States Secretary of Labor.
| 7 | | Moneys appropriated as provided herein for the payment of | 8 | | expenses of
administration shall be requisitioned by the | 9 | | Director as needed for the
payment of obligations incurred | 10 | | under such appropriation. Upon
requisition,
such moneys shall | 11 | | be deposited with the State Treasurer, who shall hold
such | 12 | | moneys, as ex-officio custodian thereof, in accordance with the
| 13 | | requirements of Section 2103 and, upon the direction of the | 14 | | Director,
shall make payments therefrom pursuant to such | 15 | | appropriation. Moneys so
deposited shall, until expended, | 16 | | remain a part of the unemployment trust
fund and, if any will | 17 | | not be expended, shall be returned promptly to the
account of | 18 | | this State in the unemployment trust fund.
| 19 | | C. The Governor is authorized to apply to the United States
| 20 | | Secretary of Labor for an advance or advances to this State's | 21 | | account in
the unemployment trust fund pursuant to the | 22 | | conditions set forth in
Title XII of the Federal Social | 23 | | Security Act, as amended. The amount of
any such advance may be | 24 | | repaid from this State's account in the
unemployment trust | 25 | | fund. | 26 | | D. The Director shall annually on or before the first day |
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| 1 | | of March report in writing to the Employment Security Advisory | 2 | | Board concerning the deposits into and expenditures from this | 3 | | State's account in the Unemployment Trust Fund.
| 4 | | (Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11.)
| 5 | | (820 ILCS 405/2103) (from Ch. 48, par. 663)
| 6 | | Sec. 2103. Unemployment compensation administration and | 7 | | other workforce
development costs.
All moneys received by the | 8 | | State or by the Department Director from any source for the
| 9 | | financing of the cost of administration of this Act, including | 10 | | all federal
moneys allotted or apportioned to the State or to | 11 | | the Department Director for that
purpose, including moneys | 12 | | received directly or indirectly from the federal
government | 13 | | under the Job Training Partnership Act, and including moneys
| 14 | | received from the Railroad Retirement Board as compensation for | 15 | | services or
facilities supplied to said Board, or any moneys | 16 | | made available by this State
or its political subdivisions and | 17 | | matched by moneys granted to this State
pursuant to the | 18 | | provisions of the Wagner-Peyser Act, shall be received and
held | 19 | | by the State Treasurer as ex-officio custodian thereof, | 20 | | separate and
apart from all other State moneys, in the Title | 21 | | III Social Security and
Employment Fund, and such funds shall | 22 | | be distributed or expended upon the
direction of the Director | 23 | | and, except money received pursuant to the last
paragraph of | 24 | | Section 2100B, shall be distributed or expended solely for the
| 25 | | purposes and in the amounts found necessary by the Secretary of |
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| 1 | | Labor of the
United States of America, or other appropriate | 2 | | federal agency, for the
proper and efficient administration of | 3 | | this Act. Notwithstanding any
provision of this Section, all | 4 | | money requisitioned and deposited with the
State Treasurer | 5 | | pursuant to the last paragraph of Section 2100B shall
remain | 6 | | part of the unemployment trust fund and shall be used only in
| 7 | | accordance with the conditions specified in the last paragraph | 8 | | of Section
2100B.
| 9 | | If any moneys received from the Secretary of Labor, or | 10 | | other appropriate
federal agency, under Title III of the Social | 11 | | Security Act, or any moneys
granted to this State pursuant to | 12 | | the provisions of the Wagner-Peyser Act,
or any moneys made | 13 | | available by this State or its political subdivisions
and | 14 | | matched by moneys granted to this State pursuant to the | 15 | | provisions of
the Wagner-Peyser Act, are found by the Secretary | 16 | | of Labor, or other
appropriate Federal agency, because of any | 17 | | action or contingency, to have
been lost or expended for | 18 | | purposes other than, or in amounts in excess of,
those found | 19 | | necessary, by the Secretary of Labor, or other appropriate
| 20 | | Federal agency, for the proper administration of this Act, it | 21 | | is the policy
of this State that such moneys shall be replaced | 22 | | by moneys appropriated for
such purpose from the general funds | 23 | | of this State for expenditure as
provided in the first | 24 | | paragraph of this Section. The Director shall report
to the
| 25 | | Governor's Office of Management and Budget, in the same manner | 26 | | as is provided generally
for the submission by State |
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| 1 | | Departments of financial requirements for the
ensuing fiscal | 2 | | year, and the Governor shall include in his budget report to
| 3 | | the next regular session of the General Assembly, the amount | 4 | | required for
such replacement.
| 5 | | Moneys in the Title III Social Security and Employment Fund
| 6 | | shall not be commingled with other State funds, but they shall | 7 | | be deposited as
required by law and maintained in a separate | 8 | | account on the books of a savings
and loan association or bank.
| 9 | | The State Treasurer shall be liable on his general official | 10 | | bond for the
faithful performance of his duties as custodian of | 11 | | all moneys
in the Title III Social Security and Employment | 12 | | Fund. Such liability on his
official
bond shall exist in | 13 | | addition to the liability upon any separate bond given
by him. | 14 | | All sums recovered for losses sustained by the fund herein
| 15 | | described shall be deposited therein.
| 16 | | Upon the effective date of this amendatory Act of 1987 | 17 | | (January 1,
1988), the Comptroller shall transfer all | 18 | | unobligated funds from the Job
Training Fund into the Title III | 19 | | Social Security and Employment Fund.
| 20 | | On September 1, 2000, or as soon thereafter as may be | 21 | | reasonably
practicable, the State Comptroller shall transfer | 22 | | all unobligated moneys
from the Job Training Partnership Fund | 23 | | into the Title III Social Security and
Employment Fund. The | 24 | | moneys transferred pursuant to this amendatory Act may be
used | 25 | | or expended for purposes consistent with the conditions under | 26 | | which those
moneys were received by the State.
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| 1 | | Beginning on the effective date of this amendatory Act of | 2 | | the 91st General
Assembly, all moneys that would otherwise be | 3 | | deposited into the Job Training
Partnership Fund shall instead | 4 | | be deposited into the Title III Social Security
and Employment | 5 | | Fund, to be used for purposes consistent with the conditions
| 6 | | under which those moneys are received by the State, except that | 7 | | any moneys that
may be necessary to pay liabilities outstanding | 8 | | as of June 30, 2000 shall be
deposited into the Job Training | 9 | | Partnership Fund.
| 10 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 11 | | (820 ILCS 405/1503 rep.) | 12 | | Section 25. The Unemployment Insurance Act is amended by | 13 | | repealing Section 1503.
| 14 | | Section 99. Effective date. This Act takes effect January | 15 | | 1, 2013.
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