Sen. Terry Link

Filed: 3/25/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1030

2    AMENDMENT NO. ______. Amend House Bill 1030 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Unemployment Insurance Act is amended by
5changing Sections 235, 403, 409, 1506.3, and 2100 and by adding
6Sections 1506.5, and 2108 as follows:
 
7    (820 ILCS 405/235)  (from Ch. 48, par. 345)
8    Sec. 235. The term "wages" does not include:
9    A. With respect to calendar years prior to calendar year
102004, the maximum amount includable as "wages" shall be
11determined pursuant to this Section as in effect on January 1,
122006. That part of the remuneration which, after remuneration
13equal to $6,000 with respect to employment has been paid to an
14individual by an employer during any calendar year after 1977
15and before 1980, is paid to such individual by such employer
16during such calendar year; and that part of the remuneration

 

 

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1which, after remuneration equal to $6,500 with respect to
2employment has been paid to an individual by an employer during
3each calendar year 1980 and 1981, is paid to such individual by
4such employer during that calendar year; and that part of the
5remuneration which, after remuneration equal to $7,000 with
6respect to employment has been paid to an individual by an
7employer during the calendar year 1982 is paid to such
8individual by such employer during that calendar year.
9    With respect to the first calendar quarter of 1983, the
10term "wages" shall include only the remuneration paid to an
11individual by an employer during such quarter with respect to
12employment which does not exceed $7,000. With respect to the
13three calendar quarters, beginning April 1, 1983, the term
14"wages" shall include only the remuneration paid to an
15individual by an employer during such period with respect to
16employment which when added to the "wages" (as defined in the
17preceding sentence) paid to such individual by such employer
18during the first calendar quarter of 1983, does not exceed
19$8,000.
20    With respect to the calendar year 1984, the term "wages"
21shall include only the remuneration paid to an individual by an
22employer during that period with respect to employment which
23does not exceed $8,000; with respect to calendar years 1985,
241986 and 1987, the term "wages" shall include only the
25remuneration paid to such individual by such employer during
26that calendar year with respect to employment which does not

 

 

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1exceed $8,500.
2    With respect to the calendar years 1988 through 2003, the
3term "wages" shall include only the remuneration paid to an
4individual by an employer during that period with respect to
5employment which does not exceed $9,000.
6    With respect to the calendar year 2004, the term "wages"
7shall include only the remuneration paid to an individual by an
8employer during that period with respect to employment which
9does not exceed $9,800. With respect to the calendar years 2005
10through 2009, the term "wages" shall include only the
11remuneration paid to an individual by an employer during that
12period with respect to employment which does not exceed the
13following amounts: $10,500 with respect to the calendar year
142005; $11,000 with respect to the calendar year 2006; $11,500
15with respect to the calendar year 2007; $12,000 with respect to
16the calendar year 2008; and $12,300 with respect to the
17calendar year 2009.
18    Except as otherwise provided in subsection A-1, with With
19respect to the calendar years year 2010, 2011, 2013, and each
20calendar year thereafter, the term "wages" shall include only
21the remuneration paid to an individual by an employer during
22that period with respect to employment which does not exceed
23the sum of the wage base adjustment applicable to that year
24pursuant to Section 1400.1, plus the maximum amount includable
25as "wages" pursuant to this subsection with respect to the
26immediately preceding calendar year; for purposes of this

 

 

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1sentence, the maximum amount includable as "wages" with respect
2to calendar year 2013 shall be calculated as though the maximum
3amount includable as "wages" with respect to calendar year 2012
4had been calculated pursuant to this sentence. With respect to
5calendar year 2012, to offset the loss of revenue to the
6State's account in the unemployment trust fund with respect to
7the first quarter of calendar year 2011 as a result of Section
81506.5 and the changes made by this amendatory Act of the 97th
9General Assembly to Section 1506.3, the term "wages" shall
10include only the remuneration paid to an individual by an
11employer during that period with respect to employment which
12does not exceed $13,560. Notwithstanding any provision to the
13contrary, the maximum amount includable as "wages" pursuant to
14this Section shall not be less than $12,300 or greater than
15$12,960 with respect to any calendar year after calendar year
162009 except calendar year 2012 and except as otherwise provided
17in subsection A-1.
18    The remuneration paid to an individual by an employer with
19respect to employment in another State or States, upon which
20contributions were required of such employer under an
21unemployment compensation law of such other State or States,
22shall be included as a part of the remuneration herein referred
23to. For the purposes of this subsection, any employing unit
24which succeeds to the organization, trade, or business, or to
25substantially all of the assets of another employing unit, or
26to the organization, trade, or business, or to substantially

 

 

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1all of the assets of a distinct severable portion of another
2employing unit, shall be treated as a single unit with its
3predecessor for the calendar year in which such succession
4occurs; any employing unit which is owned or controlled by the
5same interests which own or control another employing unit
6shall be treated as a single unit with the unit so owned or
7controlled by such interests for any calendar year throughout
8which such ownership or control exists; and, with respect to
9any trade or business transfer subject to subsection A of
10Section 1507.1, a transferee, as defined in subsection G of
11Section 1507.1, shall be treated as a single unit with the
12transferor, as defined in subsection G of Section 1507.1, for
13the calendar year in which the transfer occurs. This subsection
14applies only to Sections 1400, 1405A, and 1500.
15    A-1. If, by March 1, 2013, the payments attributable to the
16changes to subsection A by this or any subsequent amendatory
17Act of the 97th General Assembly do not equal or exceed the
18loss to this State's account in the unemployment trust fund as
19a result of Section 1506.5 and the changes made to Section
201506.3 by this or any subsequent amendatory Act of the 97th
21General Assembly, including unrealized interest, then, with
22respect to calendar year 2013, the term "wages" shall include
23only the remuneration paid to an individual by an employer
24during that period with respect to employment which does not
25exceed $13,560. For purposes of subsection A, if the maximum
26amount includable as "wages" with respect to calendar year 2013

 

 

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1is $13,560, the maximum amount includable as "wages" with
2respect to calendar year 2014 shall be calculated as though the
3maximum amount includable as "wages" with respect to calendar
4year 2013 had been calculated pursuant to subsection A, without
5regard to this Section.
6    B. The amount of any payment (including any amount paid by
7an employer for insurance or annuities, or into a fund, to
8provide for any such payment), made to, or on behalf of, an
9individual or any of his dependents under a plan or system
10established by an employer which makes provision generally for
11individuals performing services for him (or for such
12individuals generally and their dependents) or for a class or
13classes of such individuals (or for a class or classes of such
14individuals and their dependents), on account of (1) sickness
15or accident disability (except those sickness or accident
16disability payments which would be includable as "wages" in
17Section 3306(b)(2)(A) of the Federal Internal Revenue Code of
181954, in effect on January 1, 1985, such includable payments to
19be attributable in such manner as provided by Section 3306(b)
20of the Federal Internal Revenue Code of 1954, in effect on
21January 1, 1985), or (2) medical or hospitalization expenses in
22connection with sickness or accident disability, or (3) death.
23    C. Any payment made to, or on behalf of, an employee or his
24beneficiary which would be excluded from "wages" by
25subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
263306(b)(5) of the Federal Internal Revenue Code of 1954, in

 

 

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1effect on January 1, 1985.
2    D. The amount of any payment on account of sickness or
3accident disability, or medical or hospitalization expenses in
4connection with sickness or accident disability, made by an
5employer to, or on behalf of, an individual performing services
6for him after the expiration of six calendar months following
7the last calendar month in which the individual performed
8services for such employer.
9    E. Remuneration paid in any medium other than cash by an
10employing unit to an individual for service in agricultural
11labor as defined in Section 214.
12    F. The amount of any supplemental payment made by an
13employer to an individual performing services for him, other
14than remuneration for services performed, under a shared work
15plan approved by the Director pursuant to Section 407.1.
16(Source: P.A. 93-634, eff. 1-1-04; 93-676, eff. 6-22-04;
1794-301, eff. 1-1-06.)
 
18    (820 ILCS 405/403)  (from Ch. 48, par. 403)
19    Sec. 403. Maximum total amount of benefits.) A. With
20respect to any benefit year beginning prior to September 30,
211979, any otherwise eligible individual shall be entitled,
22during such benefit year, to a maximum total amount of benefits
23as shall be determined in the manner set forth in this Act as
24amended and in effect on November 9, 1977.
25    B. With respect to any benefit year beginning on or after

 

 

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1September 30, 1979, except as otherwise provided in this
2Section, any otherwise eligible individual shall be entitled,
3during such benefit year, to a maximum total amount of benefits
4equal to 26 times his or her weekly benefit amount plus
5dependents' dependents allowances, or to the total wages for
6insured work paid to such individual during the individual's
7base period, whichever amount is smaller. With respect to any
8benefit year beginning in calendar year 2012, any otherwise
9eligible individual shall be entitled, during such benefit
10year, to a maximum total amount of benefits equal to 25 times
11his or her weekly benefit amount plus dependents' allowances,
12or to the total wages for insured work paid to such individual
13during the individual's base period, whichever amount is
14smaller. If the maximum amount includable as "wages" pursuant
15to Section 235 is $13,560 with respect to calendar year 2013,
16then, with respect to any benefit year beginning after March
1731, 2013 and before April 1, 2014, any otherwise eligible
18individual shall be entitled, during such benefit year, to a
19maximum total amount of benefits equal to 25 times his or her
20weekly benefit amount plus dependents allowances, or to the
21total wages for insured work paid to such individual during the
22individual's base period, whichever amount is smaller.
23(Source: P.A. 81-962.)
 
24    (820 ILCS 405/409)  (from Ch. 48, par. 409)
25    Sec. 409. Extended Benefits.

 

 

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1    A. For the purposes of this Section:
2        1. "Extended benefit period" means a period which
3    begins with the third week after a week for which there is
4    a State "on" indicator; and ends with either of the
5    following weeks, whichever occurs later: (1) the third week
6    after the first week for which there is a State "off"
7    indicator, or (2) the thirteenth consecutive week of such
8    period. No extended benefit period shall begin by reason of
9    a State "on" indicator before the fourteenth week following
10    the end of a prior extended benefit period.
11        2. There is a "State 'on' indicator" for a week if (a)
12    the Director determines, in accordance with the
13    regulations of the United States Secretary of Labor or
14    other appropriate Federal agency, that for the period
15    consisting of such week and the immediately preceding
16    twelve weeks, the rate of insured unemployment (not
17    seasonally adjusted) in this State (1) equaled or exceeded
18    5% and equaled or exceeded 120% of the average of such
19    rates for the corresponding 13-week period ending in each
20    of the preceding 2 calendar years, or (2) equaled or
21    exceeded 6 percent, or (b) the United States Secretary of
22    Labor determines that (1) the average rate of total
23    unemployment in this State (seasonally adjusted) for the
24    period consisting of the most recent 3 months for which
25    data for all states are published before the close of such
26    week equals or exceeds 6.5%, and (2) the average rate of

 

 

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1    total unemployment in this State (seasonally adjusted) for
2    the 3-month period referred to in (1) equals or exceeds
3    110% of such average rate for either (or both) of the
4    corresponding 3-month periods ending in the 2 preceding
5    calendar years. Clause (b) of this paragraph shall only
6    apply to weeks beginning on or after February 22, 2009,
7    through the end of the fourth week ending 3 weeks prior to
8    the last week for which federal sharing is provided as
9    authorized by Section 2005(a) of Public Law 111-5 without
10    regard to Section 2005(c) of Public Law 111-5 and is
11    inoperative as of the end of the last week for which
12    federal sharing is provided as authorized by Section
13    2005(a) of Public Law 111-5.
14        2.1. With respect to benefits for weeks of unemployment
15    beginning after December 17, 2010, and ending on or before
16    the earlier of the latest date permitted under federal law
17    or the end of the fourth week prior to the last week for
18    which federal sharing is provided as authorized by Section
19    2005(a) of Public Law 111-5 without regard to Section
20    2005(c) of Public Law 111-5, the determination of whether
21    there has been a State "on" indicator pursuant to paragraph
22    2 shall be made as if, in clause (a) of paragraph 2, the
23    phrase "2 calendar years" were "3 calendar years" and as
24    if, in clause (b) of paragraph 2, the word "either" were
25    "any", the word "both" were "all", and the phrase "2
26    preceding calendar years" were "3 preceding calendar

 

 

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1    years".
2        3. There is a "State 'off' indicator" for a week if
3    there is not a State 'on' indicator for the week pursuant
4    to paragraph 2.
5        4. "Rate of insured unemployment", for the purpose of
6    paragraph 2, means the percentage derived by dividing (a)
7    the average weekly number of individuals filing claims for
8    "regular benefits" in this State for weeks of unemployment
9    with respect to the most recent 13 consecutive week period,
10    as determined by the Director on the basis of his reports
11    to the United States Secretary of Labor or other
12    appropriate Federal agency, by (b) the average monthly
13    employment covered under this Act for the first four of the
14    most recent six completed calendar quarters ending before
15    the close of such 13-week period.
16        5. "Regular benefits" means benefits, other than
17    extended benefits and additional benefits, payable to an
18    individual (including dependents' allowances) under this
19    Act or under any other State unemployment compensation law
20    (including benefits payable to Federal civilian employees
21    and ex-servicemen pursuant to 5 U.S.C. chapter 85).
22        6. "Extended benefits" means benefits (including
23    benefits payable to Federal civilian employees and
24    ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to
25    an individual under the provisions of this Section for
26    weeks which begin in his eligibility period.

 

 

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1        7. "Additional benefits" means benefits totally
2    financed by a State and payable to exhaustees (as defined
3    in subsection C) by reason of conditions of high
4    unemployment or by reason of other specified factors. If an
5    individual is eligible to receive extended benefits under
6    the provisions of this Section and is eligible to receive
7    additional benefits with respect to the same week under the
8    law of another State, he may elect to claim either extended
9    benefits or additional benefits with respect to the week.
10        8. "Eligibility period" means the period consisting of
11    the weeks in an individual's benefit year which begin in an
12    extended benefit period and, if his benefit year ends
13    within such extended benefit period, any weeks thereafter
14    which begin in such period. An individual's eligibility
15    period shall also include such other weeks as federal law
16    may allow.
17        9. Notwithstanding any other provision to the
18    contrary, no employer shall be liable for payments in lieu
19    of contributions pursuant to Section 1404, by reason of the
20    payment of extended benefits which are wholly reimbursed to
21    this State by the Federal Government or would have been
22    wholly reimbursed to this State by the Federal Government
23    if the employer had paid all of the claimant's wages during
24    the applicable base period. Extended benefits shall not
25    become benefit charges under Section 1501.1 if they are
26    wholly reimbursed to this State by the Federal Government

 

 

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1    or would have been wholly reimbursed to this State by the
2    Federal Government if the employer had paid all of the
3    claimant's wages during the applicable base period. For
4    purposes of this paragraph, extended benefits will be
5    considered to be wholly reimbursed by the Federal
6    Government notwithstanding the operation of Section
7    204(a)(2)(D) of the Federal-State Extended Unemployment
8    Compensation Act of 1970.
9    B. An individual shall be eligible to receive extended
10benefits pursuant to this Section for any week which begins in
11his eligibility period if, with respect to such week (1) he has
12been paid wages for insured work during his base period equal
13to at least 1 1/2 times the wages paid in that calendar quarter
14of his base period in which such wages were highest; (2) he has
15met the requirements of Section 500E of this Act; (3) he is an
16exhaustee; and (4) except when the result would be inconsistent
17with the provisions of this Section, he has satisfied the
18requirements of this Act for the receipt of regular benefits.
19    C. An individual is an exhaustee with respect to a week
20which begins in his eligibility period if:
21        1. Prior to such week (a) he has received, with respect
22    to his current benefit year that includes such week, the
23    maximum total amount of benefits to which he was entitled
24    under the provisions of Section 403B, and all of the
25    regular benefits (including dependents' allowances) to
26    which he had entitlement (if any) on the basis of wages or

 

 

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1    employment under any other State unemployment compensation
2    law; or (b) he has received all the regular benefits
3    available to him with respect to his current benefit year
4    that includes such week, under this Act and under any other
5    State unemployment compensation law, after a cancellation
6    of some or all of his wage credits or the partial or total
7    reduction of his regular benefit rights; or (c) his benefit
8    year terminated, and he cannot meet the qualifying wage
9    requirements of Section 500E of this Act or the qualifying
10    wage or employment requirements of any other State
11    unemployment compensation law to establish a new benefit
12    year which would include such week or, having established a
13    new benefit year that includes such week, he is ineligible
14    for regular benefits by reason of Section 607 of this Act
15    or a like provision of any other State unemployment
16    compensation law; and
17        2. For such week (a) he has no right to benefits or
18    allowances, as the case may be, under the Railroad
19    Unemployment Insurance Act, or such other Federal laws as
20    are specified in regulations of the United States Secretary
21    of Labor or other appropriate Federal agency; and (b) he
22    has not received and is not seeking benefits under the
23    unemployment compensation law of Canada, except that if he
24    is seeking such benefits and the appropriate agency finally
25    determines that he is not entitled to benefits under such
26    law, this clause shall not apply.

 

 

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1        3. For the purposes of clauses (a) and (b) of paragraph
2    1 of this subsection, an individual shall be deemed to have
3    received, with respect to his current benefit year, the
4    maximum total amount of benefits to which he was entitled
5    or all of the regular benefits to which he had entitlement,
6    or all of the regular benefits available to him, as the
7    case may be, even though (a) as a result of a pending
8    reconsideration or appeal with respect to the "finding"
9    defined in Section 701, or of a pending appeal with respect
10    to wages or employment or both under any other State
11    unemployment compensation law, he may subsequently be
12    determined to be entitled to more regular benefits; or (b)
13    by reason of a seasonality provision in a State
14    unemployment compensation law which establishes the weeks
15    of the year for which regular benefits may be paid to
16    individuals on the basis of wages in seasonal employment he
17    may be entitled to regular benefits for future weeks but
18    such benefits are not payable with respect to the week for
19    which he is claiming extended benefits, provided that he is
20    otherwise an exhaustee under the provisions of this
21    subsection with respect to his rights to regular benefits,
22    under such seasonality provision, during the portion of the
23    year in which that week occurs; or (c) having established a
24    benefit year, no regular benefits are payable to him with
25    respect to such year because his wage credits were
26    cancelled or his rights to regular benefits were totally

 

 

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1    reduced by reason of the application of a disqualification
2    provision of a State unemployment compensation law.
3    D. 1. The provisions of Section 607 and the waiting period
4    requirements of Section 500D shall not be applicable to any
5    week with respect to which benefits are otherwise payable
6    under this Section.
7        2. An individual shall not cease to be an exhaustee
8    with respect to any week solely because he meets the
9    qualifying wage requirements of Section 500E for a part of
10    such week.
11    E. With respect to any week which begins in his eligibility
12period, an exhaustee's "weekly extended benefit amount" shall
13be the same as his weekly benefit amount during his benefit
14year which includes such week or, if such week is not in a
15benefit year, during his applicable benefit year, as defined in
16regulations issued by the United States Secretary of Labor or
17other appropriate Federal agency. If the exhaustee had more
18than one weekly benefit amount during his benefit year, his
19weekly extended benefit amount with respect to such week shall
20be the latest of such weekly benefit amounts.
21    F. 1. An eligible exhaustee shall be entitled, during any
22eligibility period, to a maximum total amount of extended
23benefits equal to the lesser of the following amounts:
24        a. Fifty percent of the maximum total amount of
25    benefits to which he was entitled under Section 403B during
26    his applicable benefit year;

 

 

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1        b. Thirteen times his weekly extended benefit amount as
2    determined under subsection E; or
3        c. Thirty-nine times his or her average weekly extended
4    benefit amount, reduced by the regular benefits (not
5    including any dependents' allowances) paid to him or her
6    during such benefit year.
7    2. An eligible exhaustee shall be entitled, during a "high
8unemployment period", to a maximum total amount of extended
9benefits equal to the lesser of the following amounts:
10        a. Eighty percent of the maximum total amount of
11    benefits to which he or she was entitled under Section 403B
12    during his or her applicable benefit year;
13        b. Twenty times his or her weekly extended benefit
14    amount as determined under subsection E; or
15        c. Forty-six times his or her average weekly extended
16    benefit amount, reduced by the regular benefits (not
17    including any dependents' allowances) paid to him or her
18    during such benefit year.
19    For purposes of this paragraph, the term "high unemployment
20period" means any period during which (i) clause (b) of
21paragraph (2) of subsection A is operative and (ii) an extended
22benefit period would be in effect if clause (b) of paragraph
23(2) of subsection A of this Section were applied by
24substituting "8%" for "6.5%".
25    3. Notwithstanding paragraphs 1 and 2 of this subsection F,
26and if the benefit year of an individual ends within an

 

 

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1extended benefit period, the remaining balance of extended
2benefits that the individual would, but for this subsection F,
3be otherwise entitled to receive in that extended benefit
4period, for weeks of unemployment beginning after the end of
5the benefit year, shall be reduced (but not below zero) by the
6product of the number of weeks for which the individual
7received any amounts as trade readjustment allowances as
8defined in the federal Trade Act of 1974 within that benefit
9year multiplied by his weekly benefit amount for extended
10benefits.
11    G. 1. A claims adjudicator shall examine the first claim
12    filed by an individual with respect to his eligibility
13    period and, on the basis of the information in his
14    possession, shall make an "extended benefits finding".
15    Such finding shall state whether or not the individual has
16    met the requirement of subsection B(1), is an exhaustee
17    and, if he is, his weekly extended benefit amount and the
18    maximum total amount of extended benefits to which he is
19    entitled. The claims adjudicator shall promptly notify the
20    individual of his "extended benefits finding", and shall
21    promptly notify the individual's most recent employing
22    unit and the individual's last employer (referred to in
23    Section 1502.1) that the individual has filed a claim for
24    extended benefits. The claims adjudicator may reconsider
25    his "extended benefits finding" at any time within one year
26    after the close of the individual's eligibility period, and

 

 

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1    shall promptly notify the individual of such reconsidered
2    finding. All of the provisions of this Act applicable to
3    reviews from findings or reconsidered findings made
4    pursuant to Sections 701 and 703 which are not inconsistent
5    with the provisions of this subsection shall be applicable
6    to reviews from extended benefits findings and
7    reconsidered extended benefits findings.
8        2. If, pursuant to the reconsideration or appeal with
9    respect to a "finding", referred to in paragraph 3 of
10    subsection C, an exhaustee is found to be entitled to more
11    regular benefits and, by reason thereof, is entitled to
12    more extended benefits, the claims adjudicator shall make a
13    reconsidered extended benefits finding and shall promptly
14    notify the exhaustee thereof.
15    H. Whenever an extended benefit period is to begin in this
16State because there is a State "on" indicator, or whenever an
17extended benefit period is to end in this State because there
18is a State "off" indicator, the Director shall make an
19appropriate public announcement.
20    I. Computations required by the provisions of paragraph 4
21of subsection A shall be made by the Director in accordance
22with regulations prescribed by the United States Secretary of
23Labor, or other appropriate Federal agency.
24    J. 1. Interstate Benefit Payment Plan means the plan
25    approved by the Interstate Conference of Employment
26    Security Agencies under which benefits shall be payable to

 

 

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1    unemployed individuals absent from the state (or states) in
2    which benefit credits have been accumulated.
3        2. An individual who commutes from his state of
4    residence to work in another state and continues to reside
5    in such state of residence while filing his claim for
6    unemployment insurance under this Section of the Act shall
7    not be considered filing a claim under the Interstate
8    Benefit Payment Plan so long as he files his claim in and
9    continues to report to the employment office under the
10    regulations applicable to intrastate claimants in the
11    state in which he was so employed.
12        3. "State" when used in this subsection includes States
13    of the United States of America, the District of Columbia,
14    Puerto Rico and the Virgin Islands. For purposes of this
15    subsection, the term "state" shall also be construed to
16    include Canada.
17        4. Notwithstanding any other provision of this Act, an
18    individual shall be eligible for a maximum of 2 weeks of
19    benefits payable under this Section after he files his
20    initial claim for extended benefits in an extended benefit
21    period, as defined in paragraph 1 of subsection A, under
22    the Interstate Benefit Payment Plan unless there also
23    exists an extended benefit period, as defined in paragraph
24    1 of subsection A, in the state where such claim is filed.
25    Such maximum eligibility shall continue as long as the
26    individual continues to file his claim under the Interstate

 

 

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1    Benefit Payment Plan, notwithstanding that the individual
2    moves to another state where an extended benefit period
3    exists and files for weeks prior to his initial Interstate
4    claim in that state.
5        5. To assure full tax credit to the employers of this
6    state against the tax imposed by the Federal Unemployment
7    Tax Act, the Director shall take any action or issue any
8    regulations necessary in the administration of this
9    subsection to insure that its provisions are so interpreted
10    and applied as to meet the requirements of such Federal Act
11    as interpreted by the United States Secretary of Labor or
12    other appropriate Federal agency.
13    K. 1. Notwithstanding any other provisions of this Act, an
14    individual shall be ineligible for the payment of extended
15    benefits for any week of unemployment in his eligibility
16    period if the Director finds that during such period:
17            a. he failed to accept any offer of suitable work
18        (as defined in paragraph 3 below) or failed to apply
19        for any suitable work to which he was referred by the
20        Director; or
21            b. he failed to actively engage in seeking work as
22        prescribed under paragraph 5 below.
23        2. Any individual who has been found ineligible for
24    extended benefits by reason of the provisions of paragraph
25    1 of this subsection shall be denied benefits beginning
26    with the first day of the week in which such failure has

 

 

09700HB1030sam001- 22 -LRB097 03850 AEK 53444 a

1    occurred and until he has been employed in each of 4
2    subsequent weeks (whether or not consecutive) and has
3    earned remuneration equal to at least 4 times his weekly
4    benefit amount.
5        3. For purposes of this subsection only, the term
6    "suitable work" means, with respect to any individual, any
7    work which is within such individual's capabilities,
8    provided, however, that the gross average weekly
9    remuneration payable for the work:
10            a. must exceed the sum of (i) the individual's
11        extended weekly benefit amount as determined under
12        subsection E above plus (ii) the amount, if any, of
13        supplemental unemployment benefits (as defined in
14        Section 501(c)(17)(D) of the Internal Revenue Code of
15        1954) payable to such individual for such week; and
16        further,
17            b. is not less than the higher of --
18                (i) the minimum wage provided by Section 6
19            (a)(1) of the Fair Labor Standards Act of 1938,
20            without regard to any exemption; or
21                (ii) the applicable state or local minimum
22            wage;
23            c. provided, however, that no individual shall be
24        denied extended benefits for failure to accept an offer
25        of or apply for any job which meets the definition of
26        suitability as described above if:

 

 

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1                (i) the position was not offered to such
2            individual in writing or was not listed with the
3            employment service;
4                (ii) such failure could not result in a denial
5            of benefits under the definition of suitable work
6            for regular benefits claimants in Section 603 to
7            the extent that the criteria of suitability in that
8            Section are not inconsistent with the provisions
9            of this paragraph 3;
10                (iii) the individual furnishes satisfactory
11            evidence to the Director that his prospects for
12            obtaining work in his customary occupation within
13            a reasonably short period are good. If such
14            evidence is deemed satisfactory for this purpose,
15            the determination of whether any work is suitable
16            with respect to such individual shall be made in
17            accordance with the definition of suitable work
18            for regular benefits in Section 603 without regard
19            to the definition specified by this paragraph.
20        4. Notwithstanding the provisions of paragraph 3 to the
21    contrary, no work shall be deemed to be suitable work for
22    an individual which does not accord with the labor standard
23    provisions required by Section 3304(a)(5) of the Internal
24    Revenue Code of 1954 and set forth herein under Section 603
25    of this Act.
26        5. For the purposes of subparagraph b of paragraph 1,

 

 

09700HB1030sam001- 24 -LRB097 03850 AEK 53444 a

1    an individual shall be treated as actively engaged in
2    seeking work during any week if --
3            a. the individual has engaged in a systematic and
4        sustained effort to obtain work during such week, and
5            b. the individual furnishes tangible evidence that
6        he has engaged in such effort during such week.
7        6. The employment service shall refer any individual
8    entitled to extended benefits under this Act to any
9    suitable work which meets the criteria prescribed in
10    paragraph 3.
11        7. Notwithstanding any other provision of this Act, an
12    individual shall not be eligible to receive extended
13    benefits, otherwise payable under this Section, with
14    respect to any week of unemployment in his eligibility
15    period if such individual has been held ineligible for
16    benefits under the provisions of Sections 601, 602 or 603
17    of this Act until such individual had requalified for such
18    benefits by returning to employment and satisfying the
19    monetary requalification provision by earning at least his
20    weekly benefit amount.
21    L. The Governor may, if federal law so allows, elect, in
22writing, to pay individuals, otherwise eligible for extended
23benefits pursuant to this Section, any other federally funded
24unemployment benefits, including but not limited to benefits
25payable pursuant to the federal Supplemental Appropriations
26Act, 2008, as amended, prior to paying them benefits under this

 

 

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1Section.
2    M. The provisions of this Section, as revised by this
3amendatory Act of the 96th General Assembly, are retroactive to
4February 22, 2009. The provisions of this amendatory Act of the
596th General Assembly with regard to subsection L and paragraph
68 of subsection A clarify authority already provided.
7(Source: P.A. 96-30, eff. 6-30-09.)
 
8    (820 ILCS 405/1506.3)  (from Ch. 48, par. 576.3)
9    Sec. 1506.3. Fund building rates - Temporary
10Administrative Funding.
11    A. Notwithstanding any other provision of this Act, the
12following fund building rates shall be in effect for the
13following calendar years:
14    For each employer whose contribution rate for 1988, 1989,
151990, the first, third, and fourth quarters of 1991, 1992,
161993, 1994, 1995, and 1997 through 2003 would, in the absence
17of this Section, be 0.2% or higher, a contribution rate which
18is the sum of such rate and a fund building rate of 0.4%;
19    For each employer whose contribution rate for the second
20quarter of 1991 would, in the absence of this Section, be 0.2%
21or higher, a contribution rate which is the sum of such rate
22and 0.3%;
23    For each employer whose contribution rate for 1996 would,
24in the absence of this Section, be 0.1% or higher, a
25contribution rate which is the sum of such rate and 0.4%;

 

 

09700HB1030sam001- 26 -LRB097 03850 AEK 53444 a

1     For each employer whose contribution rate for 2004 through
22009 would, in the absence of this Section, be 0.2% or higher,
3a contribution rate which is the sum of such rate and the
4following: a fund building rate of 0.7% for 2004; a fund
5building rate of 0.9% for 2005; a fund building rate of 0.8%
6for 2006 and 2007; a fund building rate of 0.6% for 2008; a
7fund building rate of 0.4% for 2009.
8     For each employer whose contribution rate for 2010 and any
9calendar year thereafter would, in the absence of this Section,
10be 0.2% or higher, a contribution rate which is the sum of such
11rate and a fund building rate equal to the sum of the rate
12adjustment applicable to that year pursuant to Section 1400.1,
13plus the fund building rate in effect pursuant to this Section
14for the immediately preceding calendar year. Notwithstanding
15any provision to the contrary, the fund building rate in effect
16for any calendar year after calendar year 2009 shall not be
17less than 0.4% or greater than 0.55%. Notwithstanding any other
18provision to the contrary, the fund building rate established
19pursuant to this Section shall not apply with respect to the
20first quarter of calendar year 2011. The changes made to
21Section 235 by this amendatory Act of the 97th General Assembly
22are intended to offset the loss of revenue to the State's
23account in the unemployment trust fund with respect to the
24first quarter of calendar year 2011 as a result of Section
251506.5 and the changes made to this Section by this amendatory
26Act of the 97th General Assembly.

 

 

09700HB1030sam001- 27 -LRB097 03850 AEK 53444 a

1    Notwithstanding the preceding paragraphs of this Section
2or any other provision of this Act, except for the provisions
3contained in Section 1500 pertaining to rates applicable to
4employers classified under the Standard Industrial Code, or
5another classification system sanctioned by the United States
6Department of Labor and prescribed by the Director by rule, no
7employer whose total wages for insured work paid by him during
8any calendar quarter in 1988 and any calendar year thereafter
9are less than $50,000 shall pay contributions at a rate with
10respect to such quarter which exceeds the following: with
11respect to calendar year 1988, 5%; with respect to 1989 and any
12calendar year thereafter, 5.4%, plus any penalty contribution
13rate calculated pursuant to subsection C of Section 1507.1.
14    Notwithstanding the preceding paragraph of this Section,
15or any other provision of this Act, no employer's contribution
16rate with respect to calendar years 1993 through 1995 shall
17exceed 5.4% if the employer ceased operations at an Illinois
18manufacturing facility in 1991 and remained closed at that
19facility during all of 1992, and the employer in 1993 commits
20to invest at least $5,000,000 for the purpose of resuming
21operations at that facility, and the employer rehires during
221993 at least 250 of the individuals employed by it at that
23facility during the one year period prior to the cessation of
24its operations, provided that, within 30 days after the
25effective date of this amendatory Act of 1993, the employer
26makes application to the Department to have the provisions of

 

 

09700HB1030sam001- 28 -LRB097 03850 AEK 53444 a

1this paragraph apply to it. The immediately preceding sentence
2shall be null and void with respect to an employer which by
3December 31, 1993 has not satisfied the rehiring requirement
4specified by this paragraph or which by December 31, 1994 has
5not made the investment specified by this paragraph. All
6payments attributable to the fund building rate established
7pursuant to this Section with respect to the fourth quarter of
8calendar year 2003, the first quarter of calendar year 2004 and
9any calendar quarter thereafter as of the close of which there
10are either bond obligations outstanding pursuant to the
11Illinois Unemployment Insurance Trust Fund Financing Act, or
12bond obligations anticipated to be outstanding as of either or
13both of the 2 immediately succeeding calendar quarters, shall
14be directed for deposit into the Master Bond Fund.
15Notwithstanding any other provision of this subsection, no fund
16building rate shall be added to any penalty contribution rate
17assessed pursuant to subsection C of Section 1507.1.
18    B. Notwithstanding any other provision of this Act, for the
19second quarter of 1991, the contribution rate of each employer
20as determined in accordance with Sections 1500, 1506.1, and
21subsection A of this Section shall be equal to the sum of such
22rate and 0.1%; provided that this subsection shall not apply to
23any employer whose rate computed under Section 1506.1 for such
24quarter is between 5.1% and 5.3%, inclusive, and who qualifies
25for the 5.4% rate ceiling imposed by the last paragraph of
26subsection A for such quarter. All payments made pursuant to

 

 

09700HB1030sam001- 29 -LRB097 03850 AEK 53444 a

1this subsection shall be deposited in the Employment Security
2Administrative Fund established under Section 2103.1 and used
3for the administration of this Act.
4    C. Payments received by the Director which are insufficient
5to pay the total contributions due under the Act shall be first
6applied to satisfy the amount due pursuant to subsection B.
7    C-1. Payments received by the Director with respect to the
8fourth quarter of calendar year 2003, the first quarter of
9calendar year 2004 and any calendar quarter thereafter as of
10the close of which there are either bond obligations
11outstanding pursuant to the Illinois Unemployment Insurance
12Trust Fund Financing Act, or bond obligations anticipated to be
13outstanding as of either or both of the 2 immediately
14succeeding calendar quarters, shall, to the extent they are
15insufficient to pay the total amount due under the Act with
16respect to the quarter, be first applied to satisfy the amount
17due with respect to that quarter and attributable to the fund
18building rate established pursuant to this Section.
19Notwithstanding any other provision to the contrary, with
20respect to an employer whose contribution rate with respect to
21a quarter subject to this subsection would have exceeded 5.4%
22but for the 5.4% rate ceiling imposed pursuant to subsection A,
23the amount due from the employer with respect to that quarter
24and attributable to the fund building rate established pursuant
25to subsection A shall equal the amount, if any, by which the
26amount due and attributable to the 5.4% rate exceeds the amount

 

 

09700HB1030sam001- 30 -LRB097 03850 AEK 53444 a

1that would have been due and attributable to the employer's
2rate determined pursuant to Sections 1500 and 1506.1, without
3regard to the fund building rate established pursuant to
4subsection A.
5    D. All provisions of this Act applicable to the collection
6or refund of any contribution due under this Act shall be
7applicable to the collection or refund of amounts due pursuant
8to subsection B and amounts directed pursuant to this Section
9for deposit into the Master Bond Fund to the extent they would
10not otherwise be considered as contributions.
11(Source: P.A. 93-634, eff. 1-1-04; 94-301, eff. 1-1-06.)
 
12    (820 ILCS 405/1506.5 new)
13    Sec. 1506.5. Surcharge; specified period. With respect to
14the first quarter of calendar year 2011, each employer shall
15pay a surcharge equal to 0.5% of the total wages for insured
16work subject to the payment of contributions under Sections
17234, 235, and 245. The surcharge established by this Section
18shall be due at the same time as contributions with respect to
19the first quarter of calendar year 2011 are due, as provided in
20Section 1400. Notwithstanding any other provision to the
21contrary, with respect to an employer whose contribution rate
22with respect to the first quarter of calendar year 2011,
23calculated without regard to this amendatory Act of the 97th
24General Assembly, would have exceeded 5.4% but for the 5.4%
25rate ceiling imposed pursuant to subsection A of Section

 

 

09700HB1030sam001- 31 -LRB097 03850 AEK 53444 a

11506.3, the amount due from the employer with respect to that
2quarter and attributable to the surcharge established pursuant
3to this Section shall equal the amount, if any, by which the
4amount due and attributable to the 5.4% rate exceeds the amount
5that would have been due and attributable to the employer's
6rate determined pursuant to Sections 1500 and 1506.1. Payments
7received by the Director with respect to the first quarter of
8calendar year 2011 shall, to the extent they are insufficient
9to pay the total amount due under the Act with respect to the
10quarter, be first applied to satisfy the amount due with
11respect to that quarter and attributable to the surcharge
12established pursuant to this Section. All provisions of this
13Act applicable to the collection or refund of any contribution
14due under this Act shall be applicable to the collection or
15refund of amounts due pursuant to this Section. Interest shall
16accrue with respect to amounts due pursuant to this Section to
17the same extent and under the same terms and conditions as
18provided by Section 1401 with respect to contributions. The
19changes made to Section 235 by this amendatory Act of the 97th
20General Assembly are intended to offset the loss of revenue to
21the State's account in the unemployment trust fund with respect
22to the first quarter of calendar year 2011 as a result of this
23Section 1506.5 and the changes made to Section 1506.3 by this
24amendatory Act of the 97th General Assembly.
 
25    (820 ILCS 405/2100)  (from Ch. 48, par. 660)

 

 

09700HB1030sam001- 32 -LRB097 03850 AEK 53444 a

1    Sec. 2100. Handling of funds - Bond - Accounts.
2    A. All contributions and payments in lieu of contributions
3collected under this Act, including but not limited to fund
4building receipts and receipts attributable to the surcharge
5established pursuant to Section 1506.5, together with any
6interest thereon; all penalties collected pursuant to this Act;
7any property or securities acquired through the use thereof;
8all moneys advanced to this State's account in the unemployment
9trust fund pursuant to the provisions of Title XII of the
10Social Security Act, as amended; all moneys directed for
11transfer from the Master Bond Fund or the Title XII Interest
12Fund to this State's account in the unemployment trust fund;
13all moneys received from the Federal government as
14reimbursements pursuant to Section 204 of the Federal-State
15Extended Unemployment Compensation Act of 1970, as amended; all
16moneys credited to this State's account in the unemployment
17trust fund pursuant to Section 903 of the Federal Social
18Security Act, as amended; and all earnings of such property or
19securities and any interest earned upon any such moneys shall
20be paid or turned over to and held by the Director, as
21ex-officio custodian of the clearing account, the unemployment
22trust fund account and the benefit account, and by the State
23Treasurer, as ex-officio custodian of the special
24administrative account, separate and apart from all public
25moneys or funds of this State, as hereinafter provided. Such
26moneys shall be administered by the Director exclusively for

 

 

09700HB1030sam001- 33 -LRB097 03850 AEK 53444 a

1the purposes of this Act.
2    No such moneys shall be paid or expended except upon the
3direction of the Director in accordance with such regulations
4as he shall prescribe pursuant to the provisions of this Act.
5    The State Treasurer shall be liable on his general official
6bond for the faithful performance of his duties in connection
7with the moneys in the special administrative account provided
8for under this Act. Such liability on his official bond shall
9exist in addition to the liability upon any separate bond given
10by him. All sums recovered for losses sustained by the account
11shall be deposited in that account.
12    The Director shall be liable on his general official bond
13for the faithful performance of his duties in connection with
14the moneys in the clearing account, the benefit account and
15unemployment trust fund account provided for under this Act.
16Such liability on his official bond shall exist in addition to
17the liability upon any separate bond given by him. All sums
18recovered for losses sustained by any one of the accounts shall
19be deposited in the account that sustained such loss.
20    The Treasurer shall maintain for such moneys a special
21administrative account. The Director shall maintain for such
22moneys 3 separate accounts: a clearing account, a benefit
23account and an unemployment trust fund account. All moneys
24payable under this Act (except moneys requisitioned from this
25State's account in the unemployment trust fund and deposited in
26the benefit account and moneys directed for deposit into the

 

 

09700HB1030sam001- 34 -LRB097 03850 AEK 53444 a

1Special Programs Fund provided for under Section 2107),
2including but not limited to moneys directed for transfer from
3the Master Bond Fund or the Title XII Interest Fund to this
4State's account in the unemployment trust fund, upon receipt
5thereof by the Director, shall be immediately deposited in the
6clearing account; provided, however, that, except as is
7otherwise provided in this Section, interest and penalties
8shall not be deemed a part of the clearing account but shall be
9transferred immediately upon clearance thereof to the special
10administrative account; further provided that an amount not to
11exceed $90,000,000 in payments attributable to the surcharge
12established pursuant to Section 1506.5, including any interest
13thereon, shall not be deemed a part of the clearing account but
14shall be transferred immediately upon clearance thereof to the
15Title XII Interest Fund.
16    After clearance thereof, all other moneys in the clearing
17account shall be immediately deposited by the Director with the
18Secretary of the Treasury of the United States of America to
19the credit of the account of this State in the unemployment
20trust fund, established and maintained pursuant to the Federal
21Social Security Act, as amended, except fund building receipts,
22which shall be deposited into the Master Bond Fund. The benefit
23account shall consist of all moneys requisitioned from this
24State's account in the unemployment trust fund. The moneys in
25the benefit account shall be expended in accordance with
26regulations prescribed by the Director and solely for the

 

 

09700HB1030sam001- 35 -LRB097 03850 AEK 53444 a

1payment of benefits, refunds of contributions, interest and
2penalties under the provisions of the Act, the payment of
3health insurance in accordance with Section 410 of this Act,
4and the transfer or payment of funds to any Federal or State
5agency pursuant to reciprocal arrangements entered into by the
6Director under the provisions of Section 2700E, except that
7moneys credited to this State's account in the unemployment
8trust fund pursuant to Section 903 of the Federal Social
9Security Act, as amended, shall be used exclusively as provided
10in subsection B. For purposes of this Section only, to the
11extent allowed by applicable legal requirements, the payment of
12benefits includes but is not limited to the payment of
13principal on any bonds issued pursuant to the Illinois
14Unemployment Insurance Trust Fund Financing Act, exclusive of
15any interest or administrative expenses in connection with the
16bonds. The Director shall, from time to time, requisition from
17the unemployment trust fund such amounts, not exceeding the
18amounts standing to the State's account therein, as he deems
19necessary solely for the payment of such benefits, refunds, and
20funds, for a reasonable future period. The Director, as
21ex-officio custodian of the benefit account, which shall be
22kept separate and apart from all other public moneys, shall
23issue his checks for the payment of such benefits, refunds,
24health insurance and funds solely from the moneys so received
25into the benefit account. However, after January 1, 1987, no
26payment check shall be drawn on such benefit account unless at

 

 

09700HB1030sam001- 36 -LRB097 03850 AEK 53444 a

1the time of drawing there is sufficient money in the account to
2make the payment pay the check. The Director shall retain in
3the clearing account an amount of interest and penalties equal
4to the amount of interest and penalties to be refunded from the
5benefit account. After clearance thereof, the amount so
6retained shall be immediately deposited by the Director, as are
7all other moneys in the clearing account, with the Secretary of
8the Treasury of the United States. If, at any time, an
9insufficient amount of interest and penalties is available for
10retention in the clearing account, no refund of interest or
11penalties shall be made from the benefit account until a
12sufficient amount is available for retention and is so
13retained, or until the State Treasurer, upon the direction of
14the Director, transfers to the Director a sufficient amount
15from the special administrative account, for immediate deposit
16in the benefit account.
17    Any balance of moneys requisitioned from the unemployment
18trust fund which remains unclaimed or unpaid in the benefit
19account after the expiration of the period for which such sums
20were requisitioned shall either be deducted from estimates of
21and may be utilized for authorized expenditures during
22succeeding periods, or, in the discretion of the Director,
23shall be redeposited with the Secretary of the Treasury of the
24United States to the credit of the State's account in the
25unemployment trust fund.
26    Moneys in the clearing, benefit and special administrative

 

 

09700HB1030sam001- 37 -LRB097 03850 AEK 53444 a

1accounts shall not be commingled with other State funds but
2they shall be deposited as required by law and maintained in
3separate accounts on the books of a savings and loan
4association or bank.
5    No bank or savings and loan association shall receive
6public funds as permitted by this Section, unless it has
7complied with the requirements established pursuant to Section
86 of "An Act relating to certain investments of public funds by
9public agencies", approved July 23, 1943, as now or hereafter
10amended.
11    B. Moneys credited to the account of this State in the
12unemployment trust fund by the Secretary of the Treasury of the
13United States pursuant to Section 903 of the Social Security
14Act may be requisitioned from this State's account and used as
15authorized by Section 903. Any interest required to be paid on
16advances under Title XII of the Social Security Act shall be
17paid in a timely manner and shall not be paid, directly or
18indirectly, by an equivalent reduction in contributions or
19payments in lieu of contributions from amounts in this State's
20account in the unemployment trust fund. Such moneys may be
21requisitioned and used for the payment of expenses incurred for
22the administration of this Act, but only pursuant to a specific
23appropriation by the General Assembly and only if the expenses
24are incurred and the moneys are requisitioned after the
25enactment of an appropriation law which:
26        1. Specifies the purpose or purposes for which such

 

 

09700HB1030sam001- 38 -LRB097 03850 AEK 53444 a

1    moneys are appropriated and the amount or amounts
2    appropriated therefor;
3        2. Limits the period within which such moneys may be
4    obligated to a period ending not more than 2 years after
5    the date of the enactment of the appropriation law; and
6        3. Limits the amount which may be obligated during any
7    fiscal year to an amount which does not exceed the amount
8    by which (a) the aggregate of the amounts transferred to
9    the account of this State pursuant to Section 903 of the
10    Social Security Act exceeds (b) the aggregate of the
11    amounts used by this State pursuant to this Act and charged
12    against the amounts transferred to the account of this
13    State.
14    For purposes of paragraph (3) above, amounts obligated for
15administrative purposes pursuant to an appropriation shall be
16chargeable against transferred amounts at the exact time the
17obligation is entered into. The appropriation, obligation, and
18expenditure or other disposition of money appropriated under
19this subsection shall be accounted for in accordance with
20standards established by the United States Secretary of Labor.
21    Moneys appropriated as provided herein for the payment of
22expenses of administration shall be requisitioned by the
23Director as needed for the payment of obligations incurred
24under such appropriation. Upon requisition, such moneys shall
25be deposited with the State Treasurer, who shall hold such
26moneys, as ex-officio custodian thereof, in accordance with the

 

 

09700HB1030sam001- 39 -LRB097 03850 AEK 53444 a

1requirements of Section 2103 and, upon the direction of the
2Director, shall make payments therefrom pursuant to such
3appropriation. Moneys so deposited shall, until expended,
4remain a part of the unemployment trust fund and, if any will
5not be expended, shall be returned promptly to the account of
6this State in the unemployment trust fund.
7    C. The Governor is authorized to apply to the United States
8Secretary of Labor for an advance or advances to this State's
9account in the unemployment trust fund pursuant to the
10conditions set forth in Title XII of the Federal Social
11Security Act, as amended. The amount of any such advance may be
12repaid from this State's account in the unemployment trust
13fund.
14    D. The Director shall annually on or before the first day
15of March report in writing to the Employment Security Advisory
16Board concerning the deposits into and expenditures from this
17State's account in the Unemployment Trust Fund.
18(Source: P.A. 93-634, eff. 1-1-04; 94-1083, eff. 1-19-07.)
 
19    (820 ILCS 405/2108 new)
20    Sec. 2108. Title XII Interest Fund. The Title XII Interest
21Fund shall be held separate and apart from all public moneys or
22funds of this State. Payments attributable to the surcharge
23established pursuant to Section 1506.5 in an amount not to
24exceed $90,000,000 shall be deposited into the Title XII
25Interest Fund, together with any moneys that may otherwise be

 

 

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1directed for deposit into that Fund. No such moneys shall be
2paid or expended except upon the direction of the Director who,
3as ex officio custodian of the Title XII Interest Fund, shall
4expend such moneys only for the payment of interest required to
5be paid on advances under Title XII of the Social Security Act
6or for transfer to this State's account in the unemployment
7trust fund. Any funds remaining in the Title XII Interest Fund
8after payment of the interest due as of September 30, 2011, on
9advances under Title XII of the Social Security Act shall be
10transferred to this State's account in the unemployment trust
11fund no later than October 31, 2011.
12    Moneys in the Title XII Interest Fund shall not be
13commingled with other State funds, but they shall be deposited
14as required by law and maintained in a separate account on the
15books of a savings and loan association, bank, or other
16qualified financial institution. All interest earnings on
17amounts within the Title XII Interest Fund shall accrue to the
18Title XII Interest Fund. The Director shall be liable on her or
19his general official bond for the faithful performance of her
20or his duties in connection with the moneys in the Title XII
21Interest Fund. Such liability on her or his official bond shall
22exist in addition to the liability upon any separate bond given
23by her or him. All sums recovered for losses sustained by the
24Title XII Interest Fund shall be deposited into the Fund.
 
25    Section 95. Applicability. Section 1506.5 of the

 

 

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1Unemployment Insurance Act and the changes made to Section
21506.3 of the Unemployment Insurance Act apply retroactively to
3January 1, 2011, except that a payment which, as of the
4effective date of this Act, has already been made with respect
5to the first quarter of calendar year 2011 pursuant to the
6Unemployment Insurance Act as in effect immediately prior to
7the effective date of this Act shall be deposited as required
8by the Unemployment Insurance Act as in effect immediately
9prior to the effective date of this Act.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.".