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90_SB0833
820 ILCS 405/1900 from Ch. 48, par. 640
Amends the Unemployment Insurance Act. Provides that the
Department of Employment Security shall make available to the
Illinois Municipal Retirement Fund, upon request, information
that may assist the Fund in determining whether a recipient
of a disability payment from the Fund is employed.
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1 AN ACT to amend the Unemployment Insurance Act by
2 changing Section 1900.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Unemployment Insurance Act is amended by
6 changing Section 1900 as follows:
7 (820 ILCS 405/1900) (from Ch. 48, par. 640)
8 Sec. 1900. Disclosure of information.
9 A. Except as provided in this Section, information
10 obtained from any individual or employing unit during the
11 administration of this Act shall:
12 1. be confidential,
13 2. not be published or open to public inspection,
14 3. not be used in any court in any pending action
15 or proceeding,
16 4. not be admissible in evidence in any action or
17 proceeding other than one arising out of this Act.
18 B. No finding, determination, decision, ruling or order
19 (including any finding of fact, statement or conclusion made
20 therein) issued pursuant to this Act shall be admissible or
21 used in evidence in any action other than one arising out of
22 this Act, nor shall it be binding or conclusive except as
23 provided in this Act, nor shall it constitute res judicata,
24 regardless of whether the actions were between the same or
25 related parties or involved the same facts.
26 C. Any officer or employee of this State who, except
27 with authority of the Director under this Section, shall
28 disclose information shall be guilty of a Class B misdemeanor
29 and shall be disqualified from holding any appointment or
30 employment by the State.
31 D. An individual or his duly authorized agent may be
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1 supplied with information from records only to the extent
2 necessary for the proper presentation of his claim for
3 benefits or with his existing or prospective rights to
4 benefits. Discretion to disclose this information belongs
5 solely to the Director and is not subject to a release or
6 waiver by the individual.
7 E. An employing unit may be furnished with information,
8 only if deemed by the Director as necessary to enable it to
9 fully discharge its obligations or safeguard its rights under
10 the Act. Discretion to disclose this information belongs
11 solely to the Director and is not subject to a release or
12 waiver by the employing unit.
13 F. The Director may furnish any information that he may
14 deem proper to any public officer or public agency of this or
15 any other State or of the federal government dealing with:
16 1. the administration of relief,
17 2. public assistance,
18 3. unemployment compensation,
19 4. a system of public employment offices,
20 5. wages and hours of employment, or
21 6. a public works program.
22 The Director may make available to the Illinois
23 Industrial Commission information regarding employers for the
24 purpose of verifying the insurance coverage required under
25 the Workers' Compensation Act and Workers' Occupational
26 Diseases Act.
27 G. The Director may disclose information submitted by
28 the State or any of its political subdivisions, municipal
29 corporations, instrumentalities, or school or community
30 college districts, except for information which specifically
31 identifies an individual claimant.
32 H. The Director shall disclose only that information
33 required to be disclosed under Section 303 of the Social
34 Security Act, as amended, including:
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1 1. any information required to be given the United
2 States Department of Labor under Section 303(a)(6); and
3 2. the making available upon request to any agency
4 of the United States charged with the administration of
5 public works or assistance through public employment, the
6 name, address, ordinary occupation and employment status
7 of each recipient of unemployment compensation, and a
8 statement of such recipient's right to further
9 compensation under such law as required by Section
10 303(a)(7); and
11 3. records to make available to the Railroad
12 Retirement Board as required by Section 303(c)(1); and
13 4. information that will assure reasonable
14 cooperation with every agency of the United States
15 charged with the administration of any unemployment
16 compensation law as required by Section 303(c)(2); and
17 5. information upon request and on a reimbursable
18 basis to the United States Department of Agriculture and
19 to any State food stamp agency concerning any information
20 required to be furnished by Section 303(d); and
21 6. any wage information upon request and on a
22 reimbursable basis to any State or local child support
23 enforcement agency required by Section 303(e); and
24 7. any information required under the income
25 eligibility and verification system as required by
26 Section 303(f); and
27 8. information that might be useful in locating an
28 absent parent or that parent's employer for the purpose
29 of a child support enforcement program under Title IV of
30 the Social Security Act upon the request of the public
31 agency administering the Federal Parent Locator Service
32 as required by Section 303(h); and
33 9. information, upon request, to representatives of
34 any federal, State or local governmental public housing
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1 agency with respect to individuals who have signed the
2 appropriate consent form approved by the Secretary of
3 Housing and Urban Development and who are applying for or
4 participating in any housing assistance program
5 administered by the United States Department of Housing
6 and Urban Development as required by Section 303(i).
7 I. The Director, upon the request of a public agency of
8 Illinois, of the federal government or of any other state
9 charged with the investigation or enforcement of Section 10-5
10 of the Criminal Code of 1961 (or a similar federal law or
11 similar law of another State), may furnish the public agency
12 information regarding the individual specified in the request
13 as to:
14 1. the current or most recent home address of the
15 individual, and
16 2. the names and addresses of the individual's
17 employers.
18 J. Nothing in this Section shall be deemed to interfere
19 with the disclosure of certain records as provided for in
20 Section 1706 or with the right to make available to the
21 Internal Revenue Service of the United States Department of
22 the Treasury, or the Department of Revenue of the State of
23 Illinois, information obtained under this Act.
24 K. The Department shall make available to the State
25 Scholarship Commission, upon request that it may be necessary
26 or useful to the Commission in the collection of defaulted or
27 delinquent student loans which the Commission administers,
28 information limited to the names and addresses of a
29 borrower's employers.
30 L. The Department shall make available to the State
31 Employees' Retirement System, the State Universities
32 Retirement System, and the Teachers' Retirement System of the
33 State of Illinois, and the Illinois Municipal Retirement
34 Fund, upon request, information in the possession of the
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1 Department that may be necessary or useful to the System or
2 Fund for the purpose of determining whether any recipient of
3 a disability benefit from the System or Fund is gainfully
4 employed.
5 M. This Section shall be applicable to the information
6 obtained in the administration of the State employment
7 service, except that the Director may publish or release
8 general labor market information and may furnish information
9 that he may deem proper to an individual, public officer or
10 public agency of this or any other State or the federal
11 government (in addition to those public officers or public
12 agencies specified in this Section) as he prescribes by Rule.
13 N. The Director may require such safeguards as he deems
14 proper to insure that information disclosed pursuant to this
15 Section is used only for the purposes set forth in this
16 Section.
17 O. (Blank).
18 P. Within 30 days after the effective date of this
19 amendatory Act of 1993 and annually thereafter, the
20 Department shall provide to the Department of Financial
21 Institutions a list of individuals or entities that, for the
22 most recently completed calendar year, report to the
23 Department as paying wages to workers. The lists shall be
24 deemed confidential and may not be disclosed to any other
25 person.
26 Q. The Director shall make available to an elected
27 federal official the name and address of an individual or
28 entity that is located within the jurisdiction from which the
29 official was elected and that, for the most recently
30 completed calendar year, has reported to the Department as
31 paying wages to workers, where the information will be used
32 in connection with the official duties of the official and
33 the official requests the information in writing, specifying
34 the purposes for which it will be used. For purposes of this
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1 subsection, the use of information in connection with the
2 official duties of an official does not include use of the
3 information in connection with the solicitation of
4 contributions or expenditures, in money or in kind, to or on
5 behalf of a candidate for public or political office or a
6 political party or with respect to a public question, as
7 defined in Section 1-3 of the Election Code, or in connection
8 with any commercial solicitation. Any elected federal
9 official who, in submitting a request for information covered
10 by this subsection, knowingly makes a false statement or
11 fails to disclose a material fact, with the intent to obtain
12 the information for a purpose not authorized by this
13 subsection, shall be guilty of a Class B misdemeanor.
14 (Source: P.A. 88-435; 89-446, eff. 2-8-96; 89-493, eff.
15 1-1-97.)