20 ILCS 1405/1405-40

(20 ILCS 1405/1405-40)

Sec. 1405-40. Transfer of functions.

(a) On July 1, 2021 (the effective date of Public Act 102-37), all powers, duties, rights, and responsibilities of the Insurance Compliance Division within the Illinois Workers' Compensation Commission are transferred to the Department of Insurance. The personnel of the Insurance Compliance Division are transferred to the Department of Insurance. The status and rights of such personnel under the Personnel Code are not affected by the transfer. The rights of the employees and the State of Illinois and its agencies under the Personnel Code and applicable collective bargaining agreements or under any pension, retirement, or annuity plan are not affected by Public Act 102-37. All books, records, papers, documents, property (real and personal), contracts, causes of action, and pending business pertaining to the powers, duties, rights, and responsibilities transferred by Public Act 102-37 from the Insurance Compliance Division to the Department of Insurance, including, but not limited to, material in electronic or magnetic format and necessary computer hardware and software, are transferred to the Department of Insurance. The powers, duties, rights, and responsibilities relating to the Insurance Compliance Division transferred by Public Act 102-37 are vested in the Department of Insurance.

(b) Whenever reports or notices are required to be made or given or papers or documents furnished or served by any person to or upon the Insurance Compliance Division in connection with any of the powers, duties, rights, and responsibilities transferred by Public Act 102-37, the Department of Insurance shall make, give, furnish, or serve them.

(c) Public Act 102-37 does not affect any act done, ratified, or canceled, any right occurring or established, or any action or proceeding had or commenced in an administrative, civil, or criminal cause by the Insurance Compliance Division before July 1, 2021 (the effective date of Public Act 102-37). Such actions or proceedings may be prosecuted and continued by the Department of Insurance.

(d) Any rules that relate to its powers, duties, rights, and responsibilities of the Insurance Compliance Division and are in force on July 1, 2021 (the effective date of Public Act 102-37) become the rules of the Department of Insurance. Public Act 102-37 does not affect the legality of any such rules.

(e) Any proposed rules filed with the Secretary of State by the Illinois Workers' Compensation Commission that are pending in the rulemaking process on July 1, 2021 (the effective date of Public Act 102-37) and pertain to the transferred powers, duties, rights, and responsibilities are deemed to have been filed by the Department of Insurance. As soon as practicable, the Department of Insurance shall revise and clarify the rules transferred to it under Public Act 102-37 t to reflect the reorganization of powers, duties, rights, and responsibilities affected by Public Act 102-37, using the procedures for recodification of rules available under the Illinois Administrative Procedure Act, except that existing title, part, and section numbering for the affected rules may be retained. The Department of Insurance may propose and adopt under the Illinois Administrative Procedure Act other rules of the Illinois Workers' Compensation Commission pertaining to Public Act 102-37 that are administered by the Department of Insurance.

(Source: P.A. 102-37, eff. 7-1-21; 102-813, eff. 5-13-22.)