(820 ILCS 405/1508.1) (from Ch. 48, par. 578.1)
Sec. 1508.1.
Cancellation of Benefit Wages and Benefit Charges Due to
Lack of Notice. A. It is the purpose of this Section to provide relief to
an employer who has accrued benefit wages or benefit charges resulting from
the payment of benefits of which such
employer has not had notice. Whenever any of the following actions taken
by the Department directly results in the payment of benefits to an
individual and hence causes the individual's wages to become benefit wages
in accordance with the provisions of Sections 1501 and 1502 or causes the
benefits to become benefits charges in accordance with Sections 1501.1 and
1502.1, such benefit wages or benefit charges shall be cancelled if
the employer proves that the Department did not give notice of such actions
as required by Section 804 within the following periods of time:
1. With respect to the notice to the most recent employing unit or
to the last employer (referred to in Section 1502.1) issued
under Section 701, within 180 days of the date of the initial finding of
monetary eligibility;
2. With respect to notice of a decision pursuant to Section 701 that
the employer is the last employer under Section 1502.1, within 180 days of
the date of the employer's protest or appeal that he is not the last
employer under Section 1502.1;
3. With respect to a determination issued under Section 702 and the
rules of the Director, within 180 days of the date of an employer's notice
of possible ineligibility or remanded decision of the Referee which gave
rise to the determination, except that in the case of a determination
issued under Section 702 in which an issue was not adjudicated at the time
of the employer's notice of possible ineligibility because of the
individual's failure to file a claim for a week of benefits, within 180
days of the date on which the individual first files a claim for a week
of benefits;
4. With respect to a reconsidered finding or a reconsidered
determination issued under Section 703, within 180 days of the date of such
reconsidered finding or reconsidered determination;
5. With respect to a Referee's decision issued under Section 801 which
allows benefits, within 180 days of the date of the appeal of the finding
or determination of the claims adjudicator which was the basis of
the Referee's decision;
6. With respect to a decision of the Director or his representative
concerning eligibility under Section 604, within 180 days of the date of
the report of the Director's Representative.
B. Nothing contained in this Section shall relieve an employer from the
requirements for application for revision to a statement of benefit wages
or statement of benefit charges pursuant to Section 1508 or any other
requirement contained in this Act or
in rules promulgated by the Director.
C. The Director shall promulgate rules to carry out the provisions
of this Section.
(Source: P.A. 86-3.)
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