State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ]


92_HB2935eng

 
HB2935 Engrossed                               LRB9202351WHdv

 1        AN ACT in relation to unemployment insurance.

 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  1403,  1404,  1405,  1501.1  and 1504 and
 6    adding Section 409.1 as follows:

 7        (820 ILCS 405/409.1 new)
 8        Sec. 409.1.  Additional Benefits.
 9        A. For the purposes of this Section:
10             1.  "Regular  benefits",  "extended  benefits",  and
11        "extended benefit period" have the meanings  ascribed  to
12        them under Section 409.
13             2.  "Additional  benefits"  means  benefits  totally
14        financed by a State and payable to exhaustees (as defined
15        in subsection C). If an individual is eligible to receive
16        additional  benefits under the provisions of this Section
17        and is  eligible  to  receive  additional  benefits  with
18        respect  to the same week under the law of another State,
19        he may elect to claim additional  benefits  under  either
20        State's law with respect to the week.
21             3. "Supplemental benefits" means any type of payment
22        to  an  individual, pursuant to federal law, with respect
23        to a week of unemployment, by virtue  of  the  fact  that
24        regular  benefits are no longer payable to him under this
25        Act.
26             4. "Interstate Benefit Payment Plan" means the  plan
27        approved  by  the National Association of State Workforce
28        Agencies  under  which  benefits  shall  be  payable   to
29        unemployed  individuals absent from the state (or states)
30        in which benefit credits have been accumulated.
31             5. "State" when used in this Section includes States
 
HB2935 Engrossed            -2-                LRB9202351WHdv
 1        of  the  United  States  of  America,  the  District   of
 2        Columbia,   Puerto  Rico  and  the  Virgin  Islands.  For
 3        purposes of this Section, the term "state" shall also  be
 4        construed to include Canada.
 5             6. Notwithstanding any of the provisions of Sections
 6        1404,  1405B,  and  1501, no employer shall be liable for
 7        payments in  lieu  of  contributions  by  reason  of  the
 8        payment   of   additional   benefits   which  are  wholly
 9        reimbursed to  this  State  by  the  Federal  Government.
10        Additional  benefits  shall  become benefit charges under
11        Section 1501.1 only  when  an  individual  is  paid  such
12        benefits  and  they  are  not  wholly  reimbursed  by the
13        Federal Government.
14        B. This Section applies only to an individual who becomes
15    an exhaustee in a week beginning on  or  after  September  9,
16    2001,  and  before March 10, 2002. An individual to whom this
17    Section applies  shall  be  eligible  to  receive  additional
18    benefits  pursuant  to  this  Section  for any week beginning
19    before June 9, 2002, if, with respect to  such  week  he  has
20    otherwise  satisfied the terms and conditions with respect to
21    the receipt of regular benefits under this Act, including but
22    not limited to Sections 601, 602 and 603.
23        C. An individual is an exhaustee with respect to  a  week
24    if:
25             1.  Prior  to  such  week  (a) he has received, with
26        respect to his current benefit year  that  includes  such
27        week,  the  maximum  total amount of benefits to which he
28        was entitled under the provisions of  Section  403B,  and
29        all   of  the  regular  benefits  (including  dependents'
30        allowances) to which he had entitlement (if any)  on  the
31        basis  of  wages  or  employment  under  any  other State
32        unemployment compensation law; or (b)  his  benefit  year
33        terminated,  and  he  cannot  meet  the  qualifying  wage
34        requirements   of   Section  500E  of  this  Act  or  the
 
HB2935 Engrossed            -3-                LRB9202351WHdv
 1        qualifying wage or employment requirements of  any  other
 2        State  unemployment  compensation  law to establish a new
 3        benefit year which would include  such  week  or,  having
 4        established  a  new benefit year that includes such week,
 5        he is  ineligible  for  regular  benefits  by  reason  of
 6        Section  607 of this Act or a like provision of any other
 7        State unemployment compensation law; and
 8             2. For such week (a) he has no right to benefits  or
 9        allowances,  as  the  case  may  be,  under  the Railroad
10        Unemployment Insurance Act  and  no  rights  to  extended
11        benefits   under   Section   409   or   any  other  state
12        unemployment insurance law consistent with the terms  and
13        conditions of the Federal-State Unemployment Compensation
14        Act  of  1970;  and  (b)  he  has not received and is not
15        seeking benefits under the unemployment compensation  law
16        of Canada, except that if he is seeking such benefits and
17        the  appropriate agency finally determines that he is not
18        entitled to benefits under such law,  this  clause  shall
19        not apply.
20        For  the  purposes  of  clause  (a)  of  paragraph  1, an
21    individual shall be deemed to have received, with respect  to
22    his  current  benefit  year,  the  maximum  total  amount  of
23    benefits  to  which  he  was  entitled  or all of the regular
24    benefits to which he had entitlement, or all of  the  regular
25    benefits  available  to  him, as the case may be, even though
26    (a) as a result of a pending reconsideration or  appeal  with
27    respect  to  the  "finding"  defined  in Section 701, or of a
28    pending appeal with respect to wages or  employment  or  both
29    under  any  other State unemployment compensation law, he may
30    subsequently be determined to be  entitled  to  more  regular
31    benefits;  or  (b)  by reason of a seasonality provision in a
32    State unemployment compensation  law  which  establishes  the
33    weeks  of  the year for which regular benefits may be paid to
34    individuals on the basis of wages in seasonal  employment  he
 
HB2935 Engrossed            -4-                LRB9202351WHdv
 1    may be entitled to regular benefits for future weeks but such
 2    benefits  are  not payable with respect to the week for which
 3    he is claiming  additional  benefits,  provided  that  he  is
 4    otherwise   an   exhaustee   under  the  provisions  of  this
 5    subsection with respect to his rights  to  regular  benefits,
 6    under  such  seasonality provision, during the portion of the
 7    year in which that week occurs.
 8        For the  purposes  of  clause  (a)  of  paragraph  1,  an
 9    individual  is  not  an  exhaustee  if,  with  respect to his
10    current benefit year, any portion of his  wage  credits  were
11    cancelled  or  any  portion of his rights to regular benefits
12    were  reduced   by   reason   of   the   application   of   a
13    disqualification    provision   of   a   State   unemployment
14    compensation law. For the purposes of clause (b) of paragraph
15    1, an individual is not an exhaustee if, with respect to  his
16    last  completed benefit year, any portion of his wage credits
17    were cancelled or  any  portion  of  his  rights  to  regular
18    benefits  were  reduced  by  reason  of  the application of a
19    disqualification   provision   of   a   State    unemployment
20    compensation law.
21        D.  1.  The  provisions  of  Section  607 and the waiting
22    period requirements of Section 500D shall not  be  applicable
23    to  any  week  with  respect  to which benefits are otherwise
24    payable under this Section.
25        2. An individual shall not cease to be an exhaustee  with
26    respect  to  any  week solely because he meets the qualifying
27    wage requirements of Section 500E for a part of such week.
28        E. An exhaustee's "weekly additional benefit amount"  for
29    a  week  shall  be the same as his weekly benefit amount plus
30    dependents allowances during his benefit year which  includes
31    such  week  or, if such week is not in a benefit year, during
32    his last completed benefit year. If the  exhaustee  had  more
33    than  one  weekly benefit amount during his benefit year, his
34    weekly additional benefit amount with respect  to  such  week
 
HB2935 Engrossed            -5-                LRB9202351WHdv
 1    shall be the latest of such weekly benefit amounts.
 2        F.  An  eligible exhaustee shall be entitled to a maximum
 3    total amount of additional benefits under this Section  equal
 4    to the lesser of the following amounts:
 5             1.  Fifty  percent  of  the  maximum total amount of
 6        benefits to which he  was  entitled  under  Section  403B
 7        during his applicable benefit year; or
 8             2.  Thirteen  times  his  weekly  additional benefit
 9        amount as determined under subsection E.
10        G. 1. A claims adjudicator shall examine the first  claim
11    filed  by  an  individual  for additional benefits under this
12    Section  and,  on  the  basis  of  the  information  in   his
13    possession, shall make an "additional benefits finding". Such
14    finding  shall  state whether or not the individual became an
15    exhaustee within the period established by subsection B  and,
16    if  so,  his weekly additional benefit amount and the maximum
17    total amount of additional benefits to which he is  entitled.
18    The  claims  adjudicator shall promptly notify the individual
19    of his "additional  benefits  finding",  and  shall  promptly
20    notify  the  individual's  most recent employing unit and the
21    individual's last employer (referred to  in  Section  1502.1)
22    that   the  individual  has  filed  a  claim  for  additional
23    benefits.  The  claims   adjudicator   may   reconsider   his
24    "additional  benefits  finding"  at  any time within one year
25    after the last week with  respect  to  which  the  individual
26    received  additional  benefits  under this Section, and shall
27    promptly notify the individual of such reconsidered  finding.
28    All  of the provisions of this Act applicable to reviews from
29    findings or reconsidered findings made pursuant  to  Sections
30    701 and 703 which are not inconsistent with the provisions of
31    this   subsection   shall   be  applicable  to  reviews  from
32    additional  benefits  findings  and  reconsidered  additional
33    benefits findings.
34        2. If, pursuant to the  reconsideration  or  appeal  with
 
HB2935 Engrossed            -6-                LRB9202351WHdv
 1    respect  to  a  "finding",  referred  to  in  paragraph  3 of
 2    subsection C, an exhaustee is found to be  entitled  to  more
 3    regular  benefits and, by reason thereof, is entitled to more
 4    additional benefits, the  claims  adjudicator  shall  make  a
 5    reconsidered  additional  benefits finding and shall promptly
 6    notify the exhaustee thereof.
 7        H.  The  Director  shall  make  an   appropriate   public
 8    announcement  of  the  additional benefits program under this
 9    Section.
10        I. Notwithstanding any other provision of  this  Act,  an
11    individual  shall  be  eligible  for  a maximum of 2 weeks of
12    benefits payable  under  this  Section  after  he  files  his
13    initial  claim  for additional benefits, under the Interstate
14    Benefit Payment Plan unless there exists an extended  benefit
15    period  in  the state where such claim is filed. Such maximum
16    eligibility  shall  continue  as  long  as   the   individual
17    continues  to  file  his  claim  under the Interstate Benefit
18    Payment Plan, notwithstanding that the  individual  moves  to
19    another  state  where  an  extended benefit period exists and
20    files for weeks prior to his initial Interstate claim in that
21    state. An individual who commutes from his state of residence
22    to work in Illinois and continues to reside in such state  of
23    residence  while  filing his claim for unemployment insurance
24    under this Section of the Act shall not be considered  filing
25    a  claim under the Interstate Benefit Payment Plan so long as
26    he files  his  claim  in  and  continues  to  report  to  the
27    employment   office   under  the  regulations  applicable  to
28    intrastate claimants in Illinois.
29        J. Subsection B is not applicable to any individual  with
30    respect  to any week with respect to which the individual has
31    a right to supplemental benefits or would  have  a  right  to
32    supplemental benefits but for subsection B.
33        K.  The  Director  shall  take  any  action  or issue any
34    regulations necessary in the administration of  this  Section
 
HB2935 Engrossed            -7-                LRB9202351WHdv
 1    to  ensure that its provisions are interpreted and applied so
 2    as to meet the requirements for certification  under  Section
 3    3304 of the Federal Unemployment Tax Act and Sections 302 and
 4    303 of the Federal Social Security Act, as interpreted by the
 5    United States Secretary of Labor or other appropriate Federal
 6    agency.

 7        (820 ILCS 405/1403) (from Ch. 48, par. 553)
 8        Sec.  1403.  Financing  benefits paid to state employees.
 9    Benefits paid to individuals on the basis of  wages  paid  to
10    them  for  insured work in the employ of this State or any of
11    its wholly  owned  instrumentalities  shall  be  financed  by
12    appropriations  to  the  Department  of  Employment Security.
13    There is hereby established a special fund to be known as the
14    State Employees' Unemployment Benefit Fund. Such  Fund  shall
15    consist  of  and  there  shall  be deposited in such Fund all
16    moneys appropriated to the Department of Employment  Security
17    pursuant  to  this  Section,  all  interest  earned upon such
18    moneys, any property or securities acquired through  the  use
19    thereof, all earnings of such property or securities, and all
20    other moneys for the Fund received from any other source. The
21    Fund  shall  be  held  by  the State Treasurer, as ex-officio
22    custodian thereof, separate and apart from all public  moneys
23    or  funds  of this State, but the moneys in the Fund shall be
24    deposited as required by law and  maintained  in  a  separate
25    account  on  the  books  of a savings and loan association or
26    bank.  The  Fund  shall  be  administered  by  the   Director
27    exclusively  for  the  purposes of this Section. No moneys in
28    the Fund shall be paid or expended except upon the  direction
29    of the Director exclusively for the purposes of this Section.
30        The  State  Treasurer  shall  be  liable  on  his general
31    official bond for the faithful performance of his  duties  as
32    custodian of such moneys as may come into his hands by virtue
33    of  this  Section.  Such liability on his official bond shall
 
HB2935 Engrossed            -8-                LRB9202351WHdv
 1    exist in addition to the liability  upon  any  separate  bond
 2    given  by him. All sums recovered for losses sustained by the
 3    Fund herein described shall be deposited therein.
 4        In lieu of  contributions  required  of  other  employers
 5    under  this  Act,  the State Treasurer, upon the direction of
 6    the Director, shall transfer to and deposit in  the  clearing
 7    account  established by Section 2100, an amount equivalent to
 8    the amount of regular benefits and  one-half  the  amount  of
 9    extended  benefits  (defined  in  Section 409) paid for weeks
10    which begin before January 1, 1979, and to the amount of  all
11    benefits  paid  for weeks which begin on and after January 1,
12    1979,  to  individuals  who,  during  there  respective  base
13    periods, were paid wages for insured work by the State or any
14    of its wholly owned instrumentalities. If an  individual  was
15    paid  such  wages during his base period both by the State or
16    any of such  instrumentalities  and  by  one  or  more  other
17    employers,  the  amount  to  be  so  transferred by the State
18    Treasurer with respect to such  individual  shall  be  a  sum
19    which  bears the same ratio to the total benefits paid to the
20    individual  as  the  wages  for  insured  work  paid  to  the
21    individual during his base period by the State and  any  such
22    instrumentalities  bear  to  the total wages for insured work
23    paid to the individual during the base period by all  of  the
24    employers.  Notwithstanding  the  previous provisions of this
25    Section with respect to benefit years beginning prior to July
26    1, 1989, any adjustment after September 30, 1989 to the  base
27    period wages paid to the individual by any employer shall not
28    affect the ratio for determining the amount to be transferred
29    to  the  clearing  account by the State Treasurer.  Provided,
30    however, that with respect to benefit years beginning  on  or
31    after July 1, 1989, the State Treasurer shall transfer to and
32    deposit  in  the  clearing account an amount equal to 100% of
33    regular  or  additional   benefits,   including   dependents'
34    allowances,   and   100%   of  extended  benefits,  including
 
HB2935 Engrossed            -9-                LRB9202351WHdv
 1    dependents' allowances paid to an individual, but only if the
 2    State: (a) is the last employer as provided in Section 1502.1
 3    and (b) paid, to the individual receiving benefits, wages for
 4    insured work during his base period.  If the State meets  the
 5    requirements  of  (a)  but  not  (b), with respect to benefit
 6    years beginning on  or  after  July  1,  1989,  it  shall  be
 7    required  to  make  payments  in  an  amount  equal to 50% of
 8    regular  or  additional   benefits,   including   dependents'
 9    allowances,   and   50%   of   extended  benefits,  including
10    dependents' allowances, paid to an individual.
11        The  Director  shall  ascertain  the  amount  to  be   so
12    transferred  and  deposited by the State Treasurer as soon as
13    practicable after the  end  of  each  calendar  quarter.  The
14    provisions  of  paragraphs  4 and 5 of Section 1404B shall be
15    applicable  to  a  determination  of  the  amount  to  be  so
16    transferred and deposited. Such deposit shall be made by  the
17    State  Treasurer  at  such  times  and  in such manner as the
18    Director may determine and direct.
19        Every department, institution, agency and instrumentality
20    of the State of Illinois shall make available to the Director
21    such information with  respect  to  any  individual  who  has
22    performed  insured  work  for  it  as  the  Director may find
23    practicable and  necessary  for  the  determination  of  such
24    individual's  rights  under  this  Act. Each such department,
25    institution,  agency  and  instrumentality  shall  file  such
26    reports with the Director as he may by regulation prescribe.
27    (Source: P.A. 86-3.)

28        (820 ILCS 405/1404) (from Ch. 48, par. 554)
29        Sec.  1404.   Payments  in  lieu  of   contributions   by
30    nonprofit  organizations.  A.  For the year 1972 and for each
31    calendar year  thereafter,  contributions  shall  accrue  and
32    become  payable,  pursuant to Section 1400, by each nonprofit
33    organization (defined in Section 211.2) upon the  wages  paid
 
HB2935 Engrossed            -10-               LRB9202351WHdv
 1    by  it  with  respect  to  employment  after 1971, unless the
 2    nonprofit  organization  elects,  in  accordance   with   the
 3    provisions of this Section, to pay, in lieu of contributions,
 4    an  amount  equal  to  the  amount  of  regular  benefits and
 5    one-half the amount of extended benefits (defined in  Section
 6    409)  paid  to  individuals,  for any weeks which begin on or
 7    after the effective date of the election,  on  the  basis  of
 8    wages  for  insured  work  paid  to  them  by  such nonprofit
 9    organization during the effective period  of  such  election.
10    Notwithstanding  the  preceding provisions of this subsection
11    and the provisions of subsection D, with respect  to  benefit
12    years  beginning  prior to July 1, 1989, any adjustment after
13    September 30, 1989 to the  base  period  wages  paid  to  the
14    individual  by  any  employer  shall not affect the ratio for
15    determining the  payments  in  lieu  of  contributions  of  a
16    nonprofit  organization which has elected to make payments in
17    lieu of contributions.  Provided, however, that with  respect
18    to  benefit  years  beginning  on  or after July 1, 1989, the
19    nonprofit organization shall be  required  to  make  payments
20    equal  to  100%  of regular or additional benefits, including
21    dependents'  allowances,  and  50%  of   extended   benefits,
22    including  dependents' allowances, paid to an individual with
23    respect to  benefit  years  beginning  during  the  effective
24    period   of   the   election,   but  only  if  the  nonprofit
25    organization:  (a)  is  the  last  employer  as  provided  in
26    Section  1502.1  and  (b)  paid  to  the individual receiving
27    benefits, wages for insured work during his base period.   If
28    the  nonprofit organization described in this paragraph meets
29    the requirements of (a) but not (b), with respect to  benefit
30    years  beginning  on  or  after  July  1,  1989,  it shall be
31    required to make payments  in  an  amount  equal  to  50%  of
32    regular   or   additional   benefits,  including  dependents'
33    allowances,  and  25%   of   extended   benefits,   including
34    dependents' allowances, paid to an individual with respect to
 
HB2935 Engrossed            -11-               LRB9202351WHdv
 1    benefit  years  beginning  during the effective period of the
 2    election.
 3        1.  Any  employing  unit  which   becomes   a   nonprofit
 4    organization  on  January 1, 1972, may elect to make payments
 5    in lieu of contributions for not less than one calendar  year
 6    beginning  with  January  1, 1972, provided that it files its
 7    written election with the Director not later than January 31,
 8    1972.
 9        2.  Any  employing  unit  which   becomes   a   nonprofit
10    organization  after  January  1,  1972,  may  elect  to  make
11    payments  in  lieu  of contributions for a period of not less
12    than one calendar year beginning as of  the  first  day  with
13    respect  to  which  it would, in the absence of its election,
14    incur liability for the payment  of  contributions,  provided
15    that  it  files  its  written  election with the Director not
16    later than 30 days  immediately  following  the  end  of  the
17    calendar   quarter   in   which   it   becomes   a  nonprofit
18    organization.
19        3.  A nonprofit organization which has incurred liability
20    for the payment of contributions  for  at  least  2  calendar
21    years  and  is  not  delinquent  in  such  payment and in the
22    payment of any interest or penalties which may have  accrued,
23    may elect to make payments in lieu of contributions beginning
24    January  1  of  any calendar year, provided that it files its
25    written election with the Director prior to such  January  1,
26    and  provided,  further,  that  such  election shall be for a
27    period of not less than 2 calendar years.
28        4.  An election to make payments in lieu of contributions
29    shall not terminate any liability incurred by an employer for
30    the payment of  contributions,  interest  or  penalties  with
31    respect  to  any  calendar  quarter  which  ends prior to the
32    effective period of the election.
33        5.  A nonprofit organization which has elected,  pursuant
34    to  paragraph  1,  2,  or  3,  to  make  payments  in lieu of
 
HB2935 Engrossed            -12-               LRB9202351WHdv
 1    contributions may  terminate  the  effective  period  of  the
 2    election  as  of January 1 of any calendar year subsequent to
 3    the required minimum period of the election only if, prior to
 4    such January 1, it files with the Director a  written  notice
 5    to that effect. Upon such termination, the organization shall
 6    become liable for the payment of contributions upon wages for
 7    insured  work  paid  by  it  on and after such January 1 and,
 8    notwithstanding such termination, it  shall  continue  to  be
 9    liable  for payments in lieu of contributions with respect to
10    benefits paid to individuals on and  after  such  January  1,
11    with  respect  to  benefit  years  beginning prior to July 1,
12    1989, on the basis of wages for insured work paid to them  by
13    the nonprofit organization prior to such January 1, and, with
14    respect  to  benefit  years beginning after June 30, 1989, if
15    such employer was the last employer as  provided  in  Section
16    1502.1  during a benefit year beginning prior to such January
17    1.
18        6.  Written  elections  to  make  payments  in  lieu   of
19    contributions  and written notices of termination of election
20    shall  be  filed  in  such  form  and  shall   contain   such
21    information as the Director may prescribe. Upon the filing of
22    such  election  or notice, the Director shall either order it
23    approved,  or,  if  it  appears  to  the  Director  that  the
24    nonprofit organization has not filed such election or  notice
25    within  the  time  prescribed, he shall order it disapproved.
26    The Director  shall  serve  notice  of  his  order  upon  the
27    nonprofit  organization.  The Director's order shall be final
28    and conclusive upon the nonprofit organization unless, within
29    15 days after the date of  mailing  of  notice  thereof,  the
30    nonprofit organization files with the Director an application
31    for its review, setting forth its reasons in support thereof.
32    Upon  receipt  of  an  application for review within the time
33    prescribed, the Director shall order  it  allowed,  or  shall
34    order  that  it  be  denied,  and shall serve notice upon the
 
HB2935 Engrossed            -13-               LRB9202351WHdv
 1    nonprofit organization of his order. All of the provisions of
 2    Section 1509, applicable to orders denying  applications  for
 3    review  of determinations of employers' rates of contribution
 4    and not inconsistent with the provisions of this  subsection,
 5    shall  be  applicable  to an order denying an application for
 6    review filed pursuant to this subsection.
 7        B.  As soon as practicable following the  close  of  each
 8    calendar  quarter,  the Director shall mail to each nonprofit
 9    organization which has elected to make payments  in  lieu  of
10    contributions  a  Statement of the amount due from it for the
11    regular or additional  benefits  and  one-half  the  extended
12    benefits  paid  (or  the  amounts  otherwise  provided for in
13    subsection A) during the calendar quarter, together with  the
14    names  of  its  workers  or former workers and the amounts of
15    benefits paid to each of them during  the  calendar  quarter,
16    with  respect  to  benefit  years  beginning prior to July 1,
17    1989, on the basis of wages for insured work paid to them  by
18    the nonprofit organization; or, with respect to benefit years
19    beginning after June 30, 1989, if such nonprofit organization
20    was  the  last  employer  as  provided in Section 1502.1 with
21    respect to a benefit  year  beginning  during  the  effective
22    period  of the election. The amount due shall be payable, and
23    the nonprofit organization shall make payment of such  amount
24    not  later  than  30  days  after  the date of mailing of the
25    Statement. The Statement shall be final and  conclusive  upon
26    the  nonprofit  organization unless, within 20 days after the
27    date of mailing of the Statement, the nonprofit  organization
28    files  with the Director an application for revision thereof.
29    Such  application  shall  specify   wherein   the   nonprofit
30    organization  believes  the  Statement  to  be incorrect, and
31    shall set forth its reasons  for  such  belief.  All  of  the
32    provisions  of  Section  1508, applicable to applications for
33    revision of Statements of Benefit  Wages  and  Statements  of
34    Benefit  Charges  and not inconsistent with the provisions of
 
HB2935 Engrossed            -14-               LRB9202351WHdv
 1    this subsection, shall be applicable to  an  application  for
 2    revision of a Statement filed pursuant to this subsection.
 3        1.  Payments   in  lieu  of  contributions  made  by  any
 4    nonprofit organization shall not be deducted  or  deductible,
 5    in  whole or in part, from the remuneration of individuals in
 6    the employ of  the  organization,  nor  shall  any  nonprofit
 7    organization  require or accept any waiver of any right under
 8    this Act by an individual in its employ. The  making  of  any
 9    such  deduction  or the requirement or acceptance of any such
10    waiver  is  a  Class  A  misdemeanor.  Any  agreement  by  an
11    individual in the employ of any person or concern to pay  all
12    or  any  portion  of  a  payment  in  lieu  of contributions,
13    required under this Act from  a  nonprofit  organization,  is
14    void.
15        2.  A  nonprofit  organization  which  fails  to make any
16    payment  in  lieu  of  contributions  when  due   under   the
17    provisions  of  this subsection shall pay interest thereon at
18    the rates specified in Section 1401. A nonprofit organization
19    which has elected to make payments in lieu  of  contributions
20    shall  be  subject to the penalty provisions of Section 1402.
21    In the making of any payment in lieu of contributions  or  in
22    the  payment  of any interest or penalties, a fractional part
23    of a cent shall be disregarded unless it amounts to  one-half
24    cent  or  more,  in  which  case it shall be increased to one
25    cent.
26        3.  All of the remedies available to the  Director  under
27    the provisions of this Act or of any other law to enforce the
28    payment  of  contributions, interest, or penalties under this
29    Act, including the making of determinations  and  assessments
30    pursuant  to  Section 2200, are applicable to the enforcement
31    of payments in lieu of  contributions  and  of  interest  and
32    penalties,  due under the provisions of this Section. For the
33    purposes  of  this  paragraph,  the  term  "contribution"  or
34    "contributions" which appears in  any  such  provision  means
 
HB2935 Engrossed            -15-               LRB9202351WHdv
 1    "payment  in  lieu  of contributions" or "payments in lieu of
 2    contributions." The  term  "contribution"  which  appears  in
 3    Section 2800 also means "payment in lieu of contributions."
 4        4.  All  of  the  provisions of Sections 2201 and 2201.1,
 5    applicable to adjustment or refund of contributions, interest
 6    and penalties erroneously paid and not inconsistent with  the
 7    provisions  of  this Section, shall be applicable to payments
 8    in lieu of contributions  erroneously  made  or  interest  or
 9    penalties erroneously paid by a nonprofit organization.
10        5.  Payment  in  lieu  of contributions shall be due with
11    respect to  any  sum  erroneously  paid  as  benefits  to  an
12    individual  unless  such  sum  has  been recouped pursuant to
13    Section 900 or has otherwise been recovered. If such  payment
14    in  lieu  of  contributions has been made, the amount thereof
15    shall  be  adjusted  or  refunded  in  accordance  with   the
16    provisions  of  paragraph 4 and Section 2201 if recoupment or
17    other recovery has been made.
18        6.  A nonprofit organization which has  elected  to  make
19    payments in lieu of contributions and thereafter ceases to be
20    an  employer shall continue to be liable for payments in lieu
21    of contributions with respect to benefits paid to individuals
22    on and after the date it has ceased to be an  employer,  with
23    respect  to benefit years beginning prior to July 1, 1989, on
24    the basis of wages for insured work paid to them by it  prior
25    to the date it ceased to be an employer, and, with respect to
26    benefit years beginning after June 30, 1989, if such employer
27    was  the last employer as provided in Section 1502.1 prior to
28    the date that it ceased to be an employer.
29        7.  With respect to benefit years beginning prior to July
30    1, 1989, wages paid to an individual during his base  period,
31    by  a nonprofit organization which elects to make payments in
32    lieu  of  contributions,  for  less  than  full  time   work,
33    performed  during  the  same  weeks in the base period during
34    which the individual had other insured  work,  shall  not  be
 
HB2935 Engrossed            -16-               LRB9202351WHdv
 1    subject  to  payments  in  lieu  of  contributions (upon such
 2    employer's  request  pursuant  to  the  regulation   of   the
 3    Director)  so long as the employer continued after the end of
 4    the base period, and continues during the applicable  benefit
 5    year,  to  furnish  such  less  than  full  time  work to the
 6    individual on the same basis and in  substantially  the  same
 7    amount  as  during the base period. If the individual is paid
 8    benefits with respect to a week (in  the  applicable  benefit
 9    year)  after  the  employer  has  ceased  to furnish the work
10    hereinabove described, the nonprofit  organization  shall  be
11    liable  for payments in lieu of contributions with respect to
12    the benefits paid to the individual after the date  on  which
13    the nonprofit organization ceases to furnish the work.
14        C.  With respect to benefit years beginning prior to July
15    1, 1989, whenever benefits have been paid to an individual on
16    the  basis  of  wages  for  insured  work  paid  to  him by a
17    nonprofit  organization,  and   the   organization   incurred
18    liability  for  the  payment  of contributions on some of the
19    wages because only a part of the individual's base period was
20    within the effective period  of  the  organization's  written
21    election  to  make  payments  in  lieu  of contributions, the
22    organization shall pay an amount  in  lieu  of  contributions
23    which  bears the same ratio to the total benefits paid to the
24    individual as the total wages for insured work  paid  to  him
25    during  the base period by the organization upon which it did
26    not incur liability for the payment of contributions (for the
27    aforesaid reason) bear to the total wages  for  insured  work
28    paid  to  the  individual  during  the  base  period  by  the
29    organization.
30        D.  With respect to benefit years beginning prior to July
31    1, 1989, whenever benefits have been paid to an individual on
32    the  basis  of  wages  for  insured  work  paid  to  him by a
33    nonprofit organization which has elected to make payments  in
34    lieu  of  contributions,  and by one or more other employers,
 
HB2935 Engrossed            -17-               LRB9202351WHdv
 1    the nonprofit organization shall pay an  amount  in  lieu  of
 2    contributions  which  bears  the  same  ratio  to  the  total
 3    benefits paid to the individual as the wages for insured work
 4    paid  to  the  individual  during  his  base  period  by  the
 5    nonprofit  organization  bear  to the total wages for insured
 6    work paid to the individual during the base period by all  of
 7    the   employers.   If  the  nonprofit  organization  incurred
 8    liability for the payment of contributions  on  some  of  the
 9    wages  for  insured  work paid to the individual, it shall be
10    treated, with respect to such wages,  as  one  of  the  other
11    employers for the purposes of this paragraph.
12        E.  Two   or  more  nonprofit  organizations  which  have
13    elected to make payments in lieu of contributions may file  a
14    joint  application with the Director for the establishment of
15    a group account, effective January 1 of  any  calendar  year,
16    for  the  purpose of sharing the cost of benefits paid on the
17    basis of the wages for insured work paid  by  such  nonprofit
18    organizations,  provided that such joint application is filed
19    with the Director prior to such January  1.  The  application
20    shall identify and authorize a group representative to act as
21    the  group's  agent  for  the purposes of this paragraph, and
22    shall  be  filed  in  such  form  and  shall   contain   such
23    information  as the Director may prescribe. Upon his approval
24    of  a  joint  application,  the  Director  shall,  by  order,
25    establish a group account for the applicants and shall  serve
26    notice  upon  the  group's representative of such order. Such
27    account shall remain in effect for not less than  2  calendar
28    years  and  thereafter  until  terminated by the Director for
29    good cause or, as of the close of any calendar quarter,  upon
30    application  by the group. Upon establishment of the account,
31    the group shall be liable to the  Director  for  payments  in
32    lieu  of contributions in an amount equal to the total amount
33    for which, in the absence of  the  group  account,  liability
34    would  have  been  incurred  by all of its members; provided,
 
HB2935 Engrossed            -18-               LRB9202351WHdv
 1    with respect to benefit years  beginning  prior  to  July  1,
 2    1989,  that  the liability of any member to the Director with
 3    respect to any payment in lieu of contributions, interest  or
 4    penalties  not paid by the group when due with respect to any
 5    calendar quarter shall be in an amount which bears  the  same
 6    ratio  to  the total benefits paid during such quarter on the
 7    basis of the wages for insured work paid by  all  members  of
 8    the  group  as  the total wages for insured work paid by such
 9    member during such  quarter  bear  to  the  total  wages  for
10    insured  work  paid  during the quarter by all members of the
11    group, and, with respect to benefit  years  beginning  on  or
12    after  July  1, 1989, that the liability of any member to the
13    Director  with  respect   to   any   payment   in   lieu   of
14    contributions,  interest  or  penalties not paid by the group
15    when due with respect to any calendar quarter shall be in  an
16    amount  which bears the same ratio to the total benefits paid
17    during such quarter to individuals with respect to  whom  any
18    member  of  the  group  was  the last employer as provided in
19    Section 1502.1 as the total wages for insured  work  paid  by
20    such  member  during such quarter bear to the total wages for
21    insured work paid during the quarter by all  members  of  the
22    group.  All  of  the provisions of this Section applicable to
23    nonprofit organizations which have elected to  make  payments
24    in  lieu  of  contributions,  and  not  inconsistent with the
25    provisions of this paragraph, shall apply to a group  account
26    and, upon its termination, to each former member thereof. The
27    Director  shall  by  regulation  prescribe the conditions for
28    establishment, maintenance and termination of group accounts,
29    and for addition of new members to and withdrawal  of  active
30    members from such accounts.
31        F.  Whenever  service  of  notice  is  required  by  this
32    Section,  such  notice  may  be  given  and  be  complete  by
33    depositing  it  with the United States Mail, addressed to the
34    nonprofit organization (or, in the case of a  group  account,
 
HB2935 Engrossed            -19-               LRB9202351WHdv
 1    to  its  representative)  at  its last known address. If such
 2    organization is represented by counsel in proceedings  before
 3    the  Director,  service  of  notice  may  be  made  upon  the
 4    nonprofit organization by mailing the notice to such counsel.
 5    (Source: P.A. 86-3.)

 6        (820 ILCS 405/1405) (from Ch. 48, par. 555)
 7        Sec.  1405.   Financing  Benefits  for Employees of Local
 8    Governments. A.  For the year 1978 and for each calendar year
 9    thereafter, contributions shall accrue  and  become  payable,
10    pursuant  to Section 1400, by each governmental entity (other
11    than  the  State   of   Illinois   and   its   wholly   owned
12    instrumentalities)  referred  to  in  clause  (B)  of Section
13    211.1, upon the wages paid by such  entity  with  respect  to
14    employment  after  1977,  unless  the  entity  elects to make
15    payments in lieu of contributions pursuant to the  provisions
16    of  subsection  B. Notwithstanding the provisions of Sections
17    1500 to 1510, inclusive, a governmental entity which has  not
18    made  such  election  shall,  for liability for contributions
19    incurred prior to January 1, 1984, pay contributions equal to
20    1 percent with respect to wages for insured work paid  during
21    each  such  calendar  year  or portion of such year as may be
22    applicable.   As used in this subsection, the  word  "wages",
23    defined  in  Section 234, is subject to all of the provisions
24    of Section 235.
25        B.  Any governmental entity subject to subsection  A  may
26    elect  to  make payments in lieu of contributions, in amounts
27    equal to the amounts of regular and extended benefits paid to
28    individuals, for any  weeks  which  begin  on  or  after  the
29    effective  date  of  the  election, on the basis of wages for
30    insured work paid to them by the entity during the  effective
31    period   of  such  election.  Notwithstanding  the  preceding
32    provisions  of  this  subsection  and   the   provisions   of
33    subsection  D  of Section 1404, with respect to benefit years
 
HB2935 Engrossed            -20-               LRB9202351WHdv
 1    beginning  prior  to  July  1,  1989,  any  adjustment  after
 2    September 30, 1989 to the  base  period  wages  paid  to  the
 3    individual  by  any  employer  shall not affect the ratio for
 4    determining  payments  in  lieu   of   contributions   of   a
 5    governmental  entity  which  has  elected to make payments in
 6    lieu of contributions.  Provided, however, that with  respect
 7    to  benefit  years  beginning  on  or after July 1, 1989, the
 8    governmental entity shall be required to make payments  equal
 9    to   100%   of  regular  or  additional  benefits,  including
10    dependents'  allowances,  and  100%  of  extended   benefits,
11    including  dependents' allowances, paid to an individual with
12    respect to  benefit  years  beginning  during  the  effective
13    period  of the election, but only if the governmental entity:
14    (a) is the last employer as provided in  Section  1502.1  and
15    (b)  paid  to  the  individual  receiving benefits, wages for
16    insured work during his base  period.   If  the  governmental
17    entity  described in this paragraph meets the requirements of
18    (a) but not (b), with respect to benefit years  beginning  on
19    or  after July 1, 1989, it shall be required to make payments
20    in an amount equal to 50% of regular or additional  benefits,
21    including   dependents'   allowances,  and  50%  of  extended
22    benefits,  including  dependents'  allowances,  paid  to   an
23    individual with respect to benefit years beginning during the
24    effective period of the election.
25        1.  Any   such   governmental  entity  which  becomes  an
26    employer on January 1, 1978 pursuant to Section 205 may elect
27    to make payments in lieu of contributions for not  less  than
28    one  calendar  year  beginning with January 1, 1978, provided
29    that it files its written  election  with  the  Director  not
30    later than January 31, 1978.
31        2.  A  governmental entity newly created after January 1,
32    1978, may elect to make payments in lieu of contributions for
33    a period of not less than one calendar year beginning  as  of
34    the  first day with respect to which it would, in the absence
 
HB2935 Engrossed            -21-               LRB9202351WHdv
 1    of  its  election,  incur  liability  for  the   payment   of
 2    contributions,  provided  that  it files its written election
 3    with  the  Director  not  later  than  30  days   immediately
 4    following  the  end  of  the calendar quarter in which it has
 5    been created.
 6        3.  A governmental entity which  has  incurred  liability
 7    for  the  payment  of  contributions  for at least 2 calendar
 8    years, and is not delinquent  in  such  payment  and  in  the
 9    payment  of any interest or penalties which may have accrued,
10    may elect to make payments in lieu of contributions beginning
11    January 1 of any calendar year, provided that  it  files  its
12    written  election  with the Director prior to such January 1,
13    and provided, further, that such  election  shall  be  for  a
14    period of not less than 2 calendar years.
15        4.  An election to make payments in lieu of contributions
16    shall  not terminate any liability incurred by a governmental
17    entity  for  the  payment  of  contributions,   interest   or
18    penalties  with  respect  to  any calendar quarter which ends
19    prior to the effective period of the election.
20        5.  The termination  by  a  governmental  entity  of  the
21    effective  period of its election to make payments in lieu of
22    contributions, and the filing of and subsequent  action  upon
23    written notices of termination of election, shall be governed
24    by  the  provisions  of  paragraphs 5 and 6 of Section 1404A,
25    pertaining to nonprofit organizations.
26        6.  With respect to benefit years beginning prior to July
27    1, 1989, wages paid to an individual during his  base  period
28    by  a  governmental  entity  which elects to make payments in
29    lieu of contributions for less than full time work, performed
30    during the same weeks in the base  period  during  which  the
31    individual  had  other  insured work, shall not be subject to
32    payments  in  lieu  of  contribution  (upon  such  employer's
33    request pursuant to the regulation of the Director)  so  long
34    as  the  employer continued after the end of the base period,
 
HB2935 Engrossed            -22-               LRB9202351WHdv
 1    and continues during the applicable benefit year, to  furnish
 2    such  less  than full time work to the individual on the same
 3    basis and in substantially the same amount as during the base
 4    period.  If the individual is paid benefits with respect to a
 5    week (in the applicable benefit year) after the employer  has
 6    ceased   to  furnish  the  work  hereinabove  described,  the
 7    governmental entity shall be liable for payments in  lieu  of
 8    contributions  with  respect  to  the  benefits  paid  to the
 9    individual after the date on which  the  governmental  entity
10    ceases to furnish the work.
11        C.  As  soon  as  practicable following the close of each
12    calendar  quarter,  the   Director   shall   mail   to   each
13    governmental  entity  which  has  elected to make payments in
14    lieu of contributions a Statement of the amount due  from  it
15    for  all  the regular, additional, and extended benefits paid
16    during the calendar quarter, together with the names  of  its
17    workers or former workers and the amounts of benefits paid to
18    each  of  them  during  the  calendar quarter with respect to
19    benefit years beginning prior to July 1, 1989, on  the  basis
20    of  wages  for  insured work paid to them by the governmental
21    entity; or, with respect to  benefit  years  beginning  after
22    June  30,  1989,  if  such  governmental  entity was the last
23    employer as provided in Section  1502.1  with  respect  to  a
24    benefit  year  beginning  during  the effective period of the
25    election. All of the provisions of subsection  B  of  Section
26    1404  pertaining to nonprofit organizations, not inconsistent
27    with the preceding sentence, shall be applicable to  payments
28    in lieu of contributions by a governmental entity.
29        D.  The provisions of subsections C through F, inclusive,
30    of Section 1404, pertaining to nonprofit organizations, shall
31    be  applicable  to each governmental entity which has elected
32    to make payments in lieu of contributions.
33    (Source: P.A. 86-3.)
 
HB2935 Engrossed            -23-               LRB9202351WHdv
 1        (820 ILCS 405/1501.1) (from Ch. 48, par. 571.1)
 2        Sec. 1501.1. Benefit charges. A. When  an  individual  is
 3    paid regular or additional benefits with respect to a week in
 4    a  benefit  year  which  begins  on or after July 1, 1989, an
 5    amount  equal  to  such  regular  or   additional   benefits,
 6    including  dependents'  allowances,  shall immediately become
 7    benefit charges.
 8        B.  When an individual is paid  regular  benefits  on  or
 9    after  July 1, 1989, with respect to a week in a benefit year
10    which began prior to July 1, 1989, an amount  equal  to  such
11    regular  benefits,  including  dependents'  allowances, shall
12    immediately become benefit charges.
13        C.  When an individual is  paid  extended  benefits  with
14    respect  to any week in his eligibility period beginning in a
15    benefit year which begins on or after July 1, 1989, an amount
16    equal  to  one-half  of  such  extended  benefits   including
17    dependents'  allowances,  shall  immediately  become  benefit
18    charges.
19        D.  When  an  individual  is paid extended benefits on or
20    after  July  1,  1989,  with  respect  to  any  week  in  his
21    eligibility period beginning in a benefit  year  which  began
22    prior  to  July  1, 1989, an amount equal to one-half of such
23    extended benefits  including  dependents'  allowances,  shall
24    immediately become benefit charges.
25        E.  Notwithstanding   the   foregoing   subsections,  the
26    payment of benefits shall not become benefit charges  if,  by
27    reason  of  the application of the third paragraph of Section
28    237, he is paid benefits based upon wages  other  than  those
29    paid  in  a base period as defined in the second paragraph of
30    Section 237.
31        F.  Notwithstanding  the   foregoing   subsections,   the
32    payment  of  regular or extended benefits on or after July 1,
33    1989, with respect to a week in a benefit  year  which  began
34    prior to July 1, 1989, shall not become benefit charges under
 
HB2935 Engrossed            -24-               LRB9202351WHdv
 1    subsections  B  and  D  above where such benefit charges, had
 2    they been benefit wages under Section 1501, would  have  been
 3    subject to transfer under subsection F of Section 1501.
 4        G.  Notwithstanding  any other provision of this Act, the
 5    benefit charges with respect to the  payment  of  regular  or
 6    extended benefits on or after July 1, 1989, with respect to a
 7    week  in  a  benefit  year which began prior to July 1, 1989,
 8    shall not exceed the difference between the base period wages
 9    paid with respect to that benefit year and  the  wages  which
10    became  benefit  wages with respect to that same benefit year
11    (not including any  benefit  wages  transferred  pursuant  to
12    subsection F of Section 1501), provided that any change after
13    September  30,  1989,  in  either  base period wages or wages
14    which became benefit wages as a result  of  benefit  payments
15    made  prior  to  July  1,  1989 shall not affect such benefit
16    charges.
17        H.  For the purposes of this Section and of Section 1504,
18    benefits shall be deemed to have been paid on the  date  such
19    payment has been mailed to the individual by the Director.
20    (Source: P.A. 85-956.)

21        (820 ILCS 405/1504) (from Ch. 48, par. 574)
22        Sec.  1504. State experience factor. A. For each calendar
23    year prior to 1988, the total benefits paid from this State's
24    account  in  the  unemployment  trust  fund  during  the   36
25    consecutive  calendar  month  period  ending  June  30 of the
26    calendar year immediately preceding  the  calendar  year  for
27    which a contribution rate is being determined shall be termed
28    the  loss experience. The loss experience less all repayments
29    (including payments in  lieu  of  contributions  pursuant  to
30    Sections  1403,  1404  and  1405B  and paragraph 2 of Section
31    302C) to this State's account in the unemployment trust  fund
32    during  the same 36 consecutive calendar month period divided
33    by the total benefit wages of  all  employers  for  the  same
 
HB2935 Engrossed            -25-               LRB9202351WHdv
 1    period,  after  adjustment  of  any  fraction  to  the nearer
 2    multiple of one percent, shall be termed the state experience
 3    factor. Whenever such fraction is exactly one-half, it  shall
 4    be adjusted to the next higher multiple of one percent.
 5        B.   For  calendar  year  1988  and  each  calendar  year
 6    thereafter,  the  state experience factor shall be the sum of
 7    all regular and additional benefits paid plus the  applicable
 8    benefit  reserve for fund building, pursuant to Section 1505,
 9    during the three year period ending on June 30  of  the  year
10    immediately  preceding the year for which a contribution rate
11    is being determined divided by the  "net  revenues"  for  the
12    three  year  period  ending  on  September  30  of  the  year
13    immediately  preceding the year for which a contribution rate
14    is being determined, after adjustment of any fraction to  the
15    nearer  multiple  of  one percent.  Whenever such fraction is
16    exactly one-half, it shall be adjusted  to  the  next  higher
17    multiple of one percent.
18        For purposes of this subsection, "Net revenue" means, for
19    each  one  year period ending on September 30, the sum of the
20    amounts, as determined  pursuant  to  (1)  and  (2)  of  this
21    subsection, in each quarter of such one year period.
22        (1)  For  each  calendar  quarter  prior  to  the  second
23    calendar  quarter of 1988, "net revenue" means all repayments
24    (including payments in  lieu  of  contributions  pursuant  to
25    Sections  1403,  1404  and  1405B  and paragraph 2 of Section
26    302C) to this State's account in the unemployment trust  fund
27    less "net voluntary debt repayments" during the same calendar
28    quarter.   "Net  voluntary  debt  repayments" means an amount
29    equal to repayments  to  Title  XII  advances  less  any  new
30    advances.   Any  such repayments made after June 30, 1987 but
31    prior to November 10, 1987 shall be deemed to have been  made
32    prior to June 30, 1987.
33        (2)  For  each  calendar quarter after the first calendar
34    quarter of 1988, "net revenue" shall be the sum of:
 
HB2935 Engrossed            -26-               LRB9202351WHdv
 1        (a)  the amount determined by (i) multiplying the benefit
 2    wage or benefit ratios, pursuant to Sections 1503 or  1503.1,
 3    respectively,  of  all employers who have not elected to make
 4    payments in lieu of contributions  applicable  to  the  prior
 5    quarter by the state experience factor for that same quarter,
 6    (ii) adding this product to the fund building factor provided
 7    for  in  Section  1506.3,  (iii) constraining this sum by the
 8    application of Sections 1506.1 and 1506.3,  except  that  the
 9    State experience factor shall be substituted for the adjusted
10    State experience factor in determining these constraints, and
11    then (iv) multiplying this sum by the total wages for insured
12    work  subject  to the payment of contributions under Sections
13    234, 235 and 245 of  each  employer  for  the  prior  quarter
14    except   that  such  wages  shall  not  include  those  wages
15    estimated  by  the  Director  prior  to  the  issuance  of  a
16    Determination and Assessment or those wages  estimated  as  a
17    result  of  an  audit  because  of  the employer's failure to
18    report wages; plus (b) all payments in lieu of  contributions
19    pursuant  to  Sections  1403  and  1404  and  subsection B of
20    Section 1405 and paragraph 2 of subsection C of  Section  302
21    received  during  the same calendar quarter.  For purposes of
22    computing "net revenue",  employers  who  have  not  incurred
23    liability for the payment of contributions for at least three
24    years   will   be  excluded  from  the  calculation  as  will
25    predecessor employers pursuant to Section 1507.
26        C.  The state experience factor shall be  determined  for
27    each calendar year by the Director. Any change in the benefit
28    wages  or  benefit  charges  of any employer or any change in
29    contributions (including payments in  lieu  of  contributions
30    pursuant  to  Sections  1403  and  1404  and  subsection B of
31    Section 1405 and paragraph 2 of subsection C of Section  302)
32    received  into this State's account in the unemployment trust
33    fund after June 30 of the calendar year immediately preceding
34    the calendar year for which the state  experience  factor  is
 
HB2935 Engrossed            -27-               LRB9202351WHdv
 1    being determined shall not affect the state experience factor
 2    as determined by the Director for that year.
 3    (Source: P.A. 86-3.)

 4        Section  99.  Effective date.  This Act takes effect upon
 5    becoming law.

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