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| Public Act 103-0291 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the | ||||
Transportation Benefits Program Act. | ||||
Section 5. Definitions. As used in this Act:
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"Covered employee" means any person who performs an | ||||
average of at least 35 hours of work per week for compensation | ||||
on a full-time basis. | ||||
"Covered employer" means any individual, partnership, | ||||
association, corporation, limited liability company, | ||||
government, non-profit organization, or business trust that | ||||
directly or indirectly, or through an agent or any other | ||||
person, employs or exercises control over wages, hours, or | ||||
working conditions of an employee, and that: | ||||
(1) is located in: Cook County; Warren Township in | ||||
Lake County; Grant Township in Lake County; Frankfort | ||||
Township in Will County; Wheatland Township in Will | ||||
County; Addison Township; Bloomingdale Township; York | ||||
Township; Milton Township; Winfield Township; Downers | ||||
Grove Township; Lisle Township; Naperville Township; | ||||
Dundee Township; Elgin Township; St. Charles Township; | ||||
Geneva Township; Batavia Township; Aurora Township; Zion | ||||
Township; Benton Township; Waukegan Township; Avon | ||
Township; Libertyville Township; Shields Township; Vernon | ||
Township; West Deerfield Township; Deerfield Township; | ||
McHenry Township; Nunda Township; Algonquin Township; | ||
DuPage Township; Homer Township; Lockport Township; | ||
Plainfield Township; New Lenox Township; Joliet Township; | ||
or Troy Township; and | ||
(2) employs 50 or more covered employees in a | ||
geographic area specified in paragraph (1) at an address | ||
that is located within one mile of fixed-route transit | ||
service. | ||
"Public transit" means any transportation system within | ||
the authority and jurisdiction of the Regional Transportation | ||
Authority.
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"Transit pass" means any pass, token, fare card, voucher, | ||
or similar item entitling a person to transportation on public | ||
transit.
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Section 10. Transportation benefits program. All covered | ||
employers shall provide a pre-tax commuter benefit to covered | ||
employees. The pre-tax commuter benefit shall allow employees | ||
to use pre-tax dollars for the purchase of a transit pass, via | ||
payroll deduction, such that the costs for such purchases may | ||
be excluded from the employee's taxable wages and compensation | ||
up to the maximum amount permitted by federal tax law, | ||
consistent with 26 U.S.C. 132(f) and the rules and regulations | ||
promulgated thereunder. A covered employer may comply with | ||
this Section by participating in a program offered by the | ||
Chicago Transit Authority or the Regional Transportation | ||
Authority. | ||
This benefit must be offered to all employees starting on | ||
the employees' first full pay period after 120 days of | ||
employment. All transit agencies shall market the existence of | ||
this program and this Act to their riders in order to inform | ||
affected employees and their employers. | ||
Section 15. Regional Transit Authority map. The Regional | ||
Transportation Authority shall make publicly available a | ||
searchable map of addresses that are located within one mile | ||
of fixed-route transit service. | ||
Section 20. Application of Act. Nothing in this Act shall | ||
be deemed to interfere with, impede, or in any way diminish the | ||
right of employees to bargain collectively with their | ||
employers through representatives of their own choosing in | ||
order to establish wages or other conditions of work in excess | ||
of the applicable minimum standards of the provisions of this | ||
Act. Nothing in this Act shall be deemed to affect the validity | ||
or change the terms of bona fide collective bargaining | ||
agreements in force on the effective date of this Act. After | ||
the effective date of this Act, requirements of this Act may be | ||
waived in a bona fide collective bargaining agreement, but | ||
only if the waiver is set forth explicitly in such agreement in | ||
clear and unambiguous terms.
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Section 99. Effective date. This Act takes effect January | ||
1, 2024.
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