(820 ILCS 160/1) (from Ch. 48, par. 39w)
Sec. 1.
Any employer who promises in writing to make payments to an employee
welfare plan, vacation plan, health plan, dental plan, insurance plan,
supplemental unemployment benefit plan, profit sharing plan, pension plan
or any employee welfare plan, either by contract with an individual
employee, by a collective bargaining agreement or by agreement with such
employee plan, and who with intent to defraud the employees or their
beneficiaries fails to make such payments within 30 days after they become
due and payable, is guilty of a business offense for the first such failure
for which the penalty is a $100 fine, and is guilty of a Class B
misdemeanor for the second and subsequent such failure.
The provisions of this Act shall not be applicable until and unless an
authorized representative of the plan shall give 30 days written notice to
the employer at his principal office by registered mail of any default in
payment. The employer shall have 30 days upon receipt of written notice to
make proper payment.
In any criminal proceeding brought to enforce this Section, it shall be
an affirmative defense that the employer was prohibited from fulfilling the
duty to make such payments by order of a court of competent jurisdiction or
by reason of pendency of proceedings in bankruptcy or by reason of natural
catastrophe.
Nothing in this Act shall be construed to relieve an employer from civil
liability for failure to make such payments.
(Source: P.A. 78-912.)
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