Rep. Frank J. Mautino

Filed: 11/7/2011

 

 


 

 


 
09700SB0072ham003LRB097 05652 WGH 59577 a

1
AMENDMENT TO SENATE BILL 72

2    AMENDMENT NO. ______. Amend Senate Bill 72 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Public Employment Office Act is amended by
5changing Section 1 as follows:
 
6    (20 ILCS 1015/1)  (from Ch. 48, par. 173)
7    Sec. 1. Public employment offices; establishment. The
8Department of Employment Security is authorized to establish
9and maintain State public employment offices as provided in
10Section 1705 of the Unemployment Insurance Act , for the purpose
11of receiving applications of persons seeking employment and
12applications of persons seeking to employ labor, as follows:
13One in each city, village or incorporated town of not less than
14twenty-five thousand population; one in two or more contiguous
15cities, villages or incorporated towns having an aggregate or
16combined population of not less than twenty-five thousand; and

 

 

09700SB0072ham003- 2 -LRB097 05652 WGH 59577 a

1in each city containing a population of one million or over,
2one central office with as many departments as would be
3practical to handle the various classes of labor, and such
4branch offices not to exceed five at any one time, the location
5of branch offices to be approved by the Governor. Those offices
6shall be designated and known as Illinois Public Employment
7Offices.
8(Source: P.A. 90-372, eff. 7-1-98.)
 
9    Section 10. The Illinois Unemployment Insurance Trust Fund
10Financing Act is amended by changing Sections 3, 4, and 7 as
11follows:
 
12    (30 ILCS 440/3)
13    Sec. 3. Definitions. For purposes of this Act:
14    A. "Act" shall mean the Illinois Unemployment Insurance
15Trust Fund Financing Act.
16    B. "Benefits" shall have the meaning provided in the
17Unemployment Insurance Act.
18    C. "Bond" means any type of revenue obligation, including,
19without limitation, fixed rate, variable rate, auction rate or
20similar bond, note, certificate, or other instrument,
21including, without limitation, an interest rate exchange
22agreement, an interest rate lock agreement, a currency exchange
23agreement, a forward payment conversion agreement, an
24agreement to provide payments based on levels of or changes in

 

 

09700SB0072ham003- 3 -LRB097 05652 WGH 59577 a

1interest rates or currency exchange rates, an agreement to
2exchange cash flows or a series of payments, an option, put, or
3call to hedge payment, currency, interest rate, or other
4exposure, payable from and secured by a pledge of Fund Building
5Receipts collected pursuant to the Unemployment Insurance Act,
6and all interest and other earnings upon such amounts held in
7the Master Bond Fund, to the extent provided in the proceedings
8authorizing the obligation.
9    D. "Bond Administrative Expenses" means expenses and fees
10incurred to administer and issue, upon a conversion of any of
11the Bonds from one mode to another and from taxable to
12tax-exempt, the Bonds issued pursuant to this Act, including
13fees for paying agents, trustees, financial advisors,
14underwriters, remarketing agents, attorneys and for other
15professional services necessary to ensure compliance with
16applicable state or federal law.
17    E. "Bond Obligations" means the principal of a Bond and any
18premium and interest on a Bond issued pursuant to this Act,
19together with any amount owed under a related Credit Agreement.
20    F. "Credit Agreement" means, without limitation, a loan
21agreement, a revolving credit agreement, an agreement
22establishing a line of credit, a letter of credit, notes,
23municipal bond insurance, standby bond purchase agreements,
24surety bonds, remarketing agreements and the like, by which the
25Department may borrow funds to pay or redeem or purchase and
26hold its bonds, agreements for the purchase or remarketing of

 

 

09700SB0072ham003- 4 -LRB097 05652 WGH 59577 a

1bonds or any other agreement that enhances the marketability,
2security, or creditworthiness of a Bond issued under this Act.
3        1. Such Credit Agreement shall provide the following:
4            a. The choice of law for the obligations of a
5        financial provider may be made for any state of these
6        United States, but the law which shall apply to the
7        Bonds shall be the law of the State of Illinois, and
8        jurisdiction to enforce such Credit Agreement as
9        against the Department shall be exclusively in the
10        courts of the State of Illinois or in the applicable
11        federal court having jurisdiction and located within
12        the State of Illinois.
13            b. Any such Credit Agreement shall be fully
14        enforceable as a valid and binding contract as and to
15        the extent provided by applicable law.
16        2. Without limiting the foregoing, such Credit
17    Agreement, may include any of the following:
18            a. Interest rates on the Bonds may vary from time
19        to time depending upon criteria established by the
20        Director, which may include, without limitation:
21                (i) A variation in interest rates as may be
22            necessary to cause the Bonds to be remarketed from
23            time to time at a price equal to their principal
24            amount plus any accrued interest;
25                (ii) Rates set by auctions; or
26                (iii) Rates set by formula.

 

 

09700SB0072ham003- 5 -LRB097 05652 WGH 59577 a

1            b. A national banking association, bank, trust
2        company, investment banker or other financial
3        institution may be appointed to serve as a remarketing
4        agent in that connection, and such remarketing agent
5        may be delegated authority by the Department to
6        determine interest rates in accordance with criteria
7        established by the Department.
8            c. Alternative interest rates or provisions may
9        apply during such times as the Bonds are held by the
10        financial providers or similar persons or entities
11        providing a Credit Agreement for those Bonds and,
12        during such times, the interest on the Bonds may be
13        deemed not exempt from income taxation under the
14        Internal Revenue Code for purposes of State law, as
15        contained in the Bond Authorization Act, relating to
16        the permissible rate of interest to be borne thereon.
17            d. Fees may be paid to the financial providers or
18        similar persons or entities providing a Credit
19        Agreement, including all reasonably related costs,
20        including therein costs of enforcement and litigation
21        (all such fees and costs being financial provider
22        payments) and financial provider payments may be paid,
23        without limitation, from proceeds of the Bonds being
24        the subject of such agreements, or from Bonds issued to
25        refund such Bonds, provided that such financial
26        provider payments shall be made subordinate to the

 

 

09700SB0072ham003- 6 -LRB097 05652 WGH 59577 a

1        payments on the Bonds.
2            e. The Bonds need not be held in physical form by
3        the financial providers or similar persons or entities
4        providing a Credit Agreement when providing funds to
5        purchase or carry the Bonds from others but may be
6        represented in uncertificated form in the Credit
7        Agreement.
8            f. The debt or obligation of the Department
9        represented by a Bond tendered for purchase to or
10        otherwise made available to the Department thereupon
11        acquired by either the Department or a financial
12        provider shall not be deemed to be extinguished for
13        purposes of State law until cancelled by the Department
14        or its agent.
15            g. Such Credit Agreement may provide for
16        acceleration of the principal amounts due on the Bonds.
17    G. "Department" means the Illinois Department of
18Employment Security.
19    H. "Director" means the Director of the Illinois Department
20of Employment Security.
21    I. "Fund Building Rates" are those rates imposed pursuant
22to Section 1506.3 of the Unemployment Insurance Act.
23    J. "Fund Building Receipts" shall have the meaning provided
24in the Unemployment Insurance Act and includes earnings on such
25receipts.
26    K. "Master Bond Fund" shall mean, for any particular

 

 

09700SB0072ham003- 7 -LRB097 05652 WGH 59577 a

1issuance of Bonds under this Act, the fund established for the
2deposit of Fund Building Receipts upon or prior to the issuance
3of Bonds under this Act, and during the time that any Bonds are
4outstanding under this Act and from which the payment of Bond
5Obligations and the related Bond Administrative Expenses
6incurred in connection with such Bonds shall be made. That
7portion of the Master Bond Fund containing the Required Fund
8Building Receipts Amount shall be irrevocably pledged to the
9timely payment of Bond Obligations and Bond Administrative
10Expenses due on any Bonds issued pursuant to this Act and any
11Credit Agreement entered in connection with the Bonds. The
12Master Bond Fund shall be held separate and apart from all
13other State funds. Moneys in the Master Bond Fund shall not be
14commingled with other State funds, but they shall be deposited
15as required by law and maintained in a separate account on the
16books of a savings and loan association, bank or other
17qualified financial institution. All interest earnings on
18amounts within the Master Bond Fund shall accrue to the Master
19Bond Fund. The Master Bond Fund may include such funds and
20accounts as are necessary for the deposit of bond proceeds,
21Fund Building Receipts, payment of principal, interest,
22administrative expenses, costs of issuance, in the case of
23bonds which are exempt from Federal taxation, rebate payments,
24and such other funds and accounts which may be necessary for
25the implementation and administration of this Act. The Director
26shall be liable on her or his general official bond for the

 

 

09700SB0072ham003- 8 -LRB097 05652 WGH 59577 a

1faithful performance of her or his duties as custodian of the
2Master Bond Fund. Such liability on her or his official bond
3shall exist in addition to the liability upon any separate bond
4given by her or him. All sums recovered for losses sustained by
5the Master Bond Fund shall be deposited into the Fund.
6    The Director shall report quarterly in writing to the
7Employment Security Advisory Board concerning the actual and
8anticipated deposits into and expenditures and transfers made
9from the Master Bond Fund. Notwithstanding any other provision
10to the contrary, no report is required under this subsection K
11if (i) the Master Bond Fund held a net balance of zero as of the
12close of the immediately preceding calendar quarter, (ii) there
13have been no deposits into the Master Bond Fund within any of
14the immediately preceding 4 calendar quarters, and (iii) there
15have been no expenditures or transfers from the Master Bond
16Fund within any of the immediately preceding 4 calendar
17quarters.
18    L. "Required Fund Building Receipts Amount" means the
19aggregate amount of Fund Building Receipts required to be
20maintained in the Master Bond Fund as set forth in Section 4I
21of this Act.
22(Source: P.A. 93-634, eff. 1-1-04; 94-1083, eff. 1-19-07.)
 
23    (30 ILCS 440/4)
24    Sec. 4. Authority to Issue Revenue Bonds.
25    A. The Department shall have the continuing power to borrow

 

 

09700SB0072ham003- 9 -LRB097 05652 WGH 59577 a

1money for the purpose of carrying out the following:
2        1. To reduce or avoid the need to borrow or obtain a
3    federal advance under Section 1201, et seq., of the Social
4    Security Act (42 U.S.C. Section 1321), as amended, or any
5    similar federal law; or
6        2. To refinance a previous advance received by the
7    Department with respect to the payment of Benefits; or
8        3. To refinance, purchase, redeem, refund, advance
9    refund or defease (including, any combination of the
10    foregoing) any outstanding Bonds issued pursuant to this
11    Act; or
12        4. To fund a surplus in Illinois' account in the
13    Unemployment Trust Fund of the United States Treasury.
14    Paragraphs 1, 2 and 4 are inoperative on and after January
151, 2022 2013.
16    B. As evidence of the obligation of the Department to repay
17money borrowed for the purposes set forth in Section 4A above,
18the Department may issue and dispose of its interest bearing
19revenue Bonds and may also, from time-to-time, issue and
20dispose of its interest bearing revenue Bonds to purchase,
21redeem, refund, advance refund or defease (including, any
22combination of the foregoing) any Bonds at maturity or pursuant
23to redemption provisions or at any time before maturity. The
24Director, in consultation with the Department's Employment
25Security Advisory Board, shall have the power to direct that
26the Bonds be issued. Bonds may be issued in one or more series

 

 

09700SB0072ham003- 10 -LRB097 05652 WGH 59577 a

1and under terms and conditions as needed in furtherance of the
2purposes of this Act. The Illinois Finance Authority shall
3provide any technical, legal, or administrative services if and
4when requested by the Director and the Employment Security
5Advisory Board with regard to the issuance of Bonds. The
6Governor's Office of Management and Budget may, upon the
7written request of the Director, issue the bonds authorized
8pursuant to this Act on behalf of the Department and, for that
9purpose, may retain such underwriters, financial advisors, and
10counsel as may be appropriate from the Office's then-existing
11roster of prequalified vendors. Such Bonds shall be issued in
12the name of the State of Illinois for the benefit of the
13Department and shall be executed by the Director. In case any
14Director whose signature appears on any Bond ceases (after
15attaching his or her signature) to hold that office, her or his
16signature shall nevertheless be valid and effective for all
17purposes.
18    C. No Bonds shall be issued without the Director's written
19certification that, based upon a reasonable financial
20analysis, the issuance of Bonds is reasonably expected to:
21        (i) Result in a savings to the State as compared to the
22    cost of borrowing or obtaining an advance under Section
23    1201, et seq., Social Security Act (42 U.S.C. Section
24    1321), as amended, or any similar federal law;
25        (ii) Result in terms which are advantageous to the
26    State through refunding, advance refunding or other

 

 

09700SB0072ham003- 11 -LRB097 05652 WGH 59577 a

1    similar restructuring of outstanding Bonds; or
2        (iii) Allow the State to avoid an anticipated
3    deficiency in the State's account in the Unemployment Trust
4    Fund of the United States Treasury by funding a surplus in
5    the State's account in the Unemployment Trust Fund of the
6    United States Treasury; or .
7        (iv) Prevent the reduction of the employer credit
8    provided under Section 3302 of the Federal Unemployment Tax
9    Act with respect to employers subject to the Unemployment
10    Insurance Act.
11    D. All such Bonds shall be payable from Fund Building
12Receipts. Bonds may also be paid from (i) to the extent
13allowable by law, from monies in the State's account in the
14Unemployment Trust Fund of the United States Treasury; and (ii)
15to the extent allowable by law, a federal advance under Section
161201, et seq., of the Social Security Act (42 U.S.C. Section
171321); and (iii) proceeds of Bonds and receipts from related
18credit and exchange agreements to the extent allowed by this
19Act and applicable legal requirements.
20    E. The maximum principal amount of the Bonds, when combined
21with the outstanding principal of all other Bonds issued
22pursuant to this Act, shall not at any time exceed
23$2,400,000,000 $1,400,000,000, excluding all of the
24outstanding principal of any other Bonds issued pursuant to
25this Act for which payment has been irrevocably provided by
26refunding or other manner of defeasance. It is the intent of

 

 

09700SB0072ham003- 12 -LRB097 05652 WGH 59577 a

1this Act that the outstanding Bond authorization limits
2provided for in this Section 4E shall be revolving in nature,
3such that the amount of Bonds outstanding that are not refunded
4or otherwise defeased shall be included in determining the
5maximum amount of Bonds authorized to be issued pursuant to the
6Act.
7    F. Such Bonds and refunding Bonds issued pursuant to this
8Act may bear such date or dates, may mature at such time or
9times not exceeding 10 years from their respective dates of
10issuance, and may bear interest at such rate or rates not
11exceeding the maximum rate authorized by the Bond Authorization
12Act, as amended and in effect at the time of the issuance of
13the Bonds.
14    G. The Department may enter into a Credit Agreement
15pertaining to the issuance of the Bonds, upon terms which are
16not inconsistent with this Act and any other laws, provided
17that the term of such Credit Agreement shall not exceed the
18term of the Bonds, plus any time period necessary to cure any
19defaults under such Credit Agreement.
20    H. Interest earnings paid to holders of the Bonds shall not
21be exempt from income taxes imposed by the State.
22    I. While any Bond Obligations are outstanding or
23anticipated to come due as a result of Bonds expected to be
24issued in either or both of the 2 immediately succeeding
25calendar quarters, the Department shall collect and deposit
26Fund Building Receipts into the Master Bond Fund in an amount

 

 

09700SB0072ham003- 13 -LRB097 05652 WGH 59577 a

1necessary to satisfy the Required Fund Building Receipts Amount
2prior to expending Fund Building Receipts for any other
3purpose. The Required Fund Building Receipts Amount shall be
4that amount necessary to ensure the marketability of the Bonds,
5which shall be specified in the Bond Sale Order executed by the
6Director in connection with the issuance of the Bonds.
7    J. Holders of the Bonds shall have a first and priority
8claim on all Fund Building Receipts in the Master Bond Fund in
9parity with all other holders of the Bonds, provided that such
10claim may be subordinated to the provider of any Credit
11Agreement for any of the Bonds.
12    K. To the extent that Fund Building Receipts in the Master
13Bond Fund are not otherwise needed to satisfy the requirements
14of this Act and the instruments authorizing the issuance of the
15Bonds, such monies shall be used by the Department, in such
16amounts as determined by the Director to do any one or a
17combination of the following:
18        1. To purchase, refinance, redeem, refund, advance
19    refund or defease (or any combination of the foregoing)
20    outstanding Bonds, to the extent such action is legally
21    available and does not impair the tax exempt status of any
22    of the Bonds which are, in fact, exempt from Federal income
23    taxation; or
24        2. As a deposit in the State's account in the
25    Unemployment Trust Fund of the United States Treasury; or
26        3. As a deposit into the Special Programs Fund provided

 

 

09700SB0072ham003- 14 -LRB097 05652 WGH 59577 a

1    for under Section 2107 of the Unemployment Insurance Act.
2    L. The Director shall determine the method of sale, type of
3bond, bond form, redemption provisions and other terms of the
4Bonds that, in the Director's judgment, best achieve the
5purposes of this Act and effect the borrowing at the lowest
6practicable cost, provided that those determinations are not
7inconsistent with this Act or other applicable legal
8requirements. Those determinations shall be set forth in a
9document entitled "Bond Sale Order" acceptable, in form and
10substance, to the attorney or attorneys acting as bond counsel
11for the Bonds in connection with the rendering of opinions
12necessary for the issuance of the Bonds and executed by the
13Director.
14(Source: P.A. 96-30, eff. 6-30-09.)
 
15    (30 ILCS 440/7)
16    Sec. 7. State Not to Impair Bond Obligations. While Bonds
17under this Act are outstanding, the State irrevocably pledges
18and covenants that it shall not:
19    A. Take action to limit or restrict the rights of the
20Department to fulfill its responsibilities to pay Bond
21Obligations, Bond Administrative Expenses or otherwise comply
22with instruments entered by the Department pertaining to the
23issuance of the Bonds;
24    B. In any way impair the rights and remedies of the holders
25of the Bonds until the Bonds are fully discharged; or

 

 

09700SB0072ham003- 15 -LRB097 05652 WGH 59577 a

1    C. Reduce:
2        1. The Fund Building Rates below the levels in
3    existence effective January 1, 2012 2004;
4        2. The maximum amount includable as wages pursuant to
5    Section 235 of the Unemployment Insurance Act below the
6    levels in existence effective January 1, 2012 2004; and
7        3. The Solvency Adjustments imposed pursuant to
8    Section 1400.1 of the Unemployment Insurance Act below the
9    levels in existence effective January 1, 2012 2004.
10(Source: P.A. 93-634, eff. 1-1-04.)
 
11    Section 15. The Unemployment Insurance Act is amended by
12changing Sections 235, 401, 403, 702, 804, 900, 1505, 1506.1,
13and 1506.3, 1510, 1705, 1801.1, 1900, 2100, 2203, and 2206.1
14and by adding Sections 611.1, 1506.6, and 2405 as follows:
 
15    (820 ILCS 405/235)  (from Ch. 48, par. 345)
16    Sec. 235. The term "wages" does not include:
17    A. With respect to calendar years prior to calendar year
182004, the maximum amount includable as "wages" shall be
19determined pursuant to this Section as in effect on January 1,
202006.
21    With respect to the calendar year 2004, the term "wages"
22shall include only the remuneration paid to an individual by an
23employer during that period with respect to employment which
24does not exceed $9,800. With respect to the calendar years 2005

 

 

09700SB0072ham003- 16 -LRB097 05652 WGH 59577 a

1through 2009, the term "wages" shall include only the
2remuneration paid to an individual by an employer during that
3period with respect to employment which does not exceed the
4following amounts: $10,500 with respect to the calendar year
52005; $11,000 with respect to the calendar year 2006; $11,500
6with respect to the calendar year 2007; $12,000 with respect to
7the calendar year 2008; and $12,300 with respect to the
8calendar year 2009.
9    With Except as otherwise provided in subsection A-1, with
10respect to the calendar years 2010, 2011, 2020 2013, and each
11calendar year thereafter, the term "wages" shall include only
12the remuneration paid to an individual by an employer during
13that period with respect to employment which does not exceed
14the sum of the wage base adjustment applicable to that year
15pursuant to Section 1400.1, plus the maximum amount includable
16as "wages" pursuant to this subsection with respect to the
17immediately preceding calendar year; for purposes of this
18sentence, the maximum amount includable as "wages" with respect
19to calendar year 2013 shall be calculated as though the maximum
20amount includable as "wages" with respect to calendar year 2012
21had been calculated pursuant to this sentence. With respect to
22calendar year 2012, to offset the loss of revenue to the
23State's account in the unemployment trust fund with respect to
24the first quarter of calendar year 2011 as a result of Section
251506.5 and the changes made by this amendatory Act of the 97th
26General Assembly to Section 1506.3, the term "wages" shall

 

 

09700SB0072ham003- 17 -LRB097 05652 WGH 59577 a

1include only the remuneration paid to an individual by an
2employer during that period with respect to employment which
3does not exceed $13,560. With respect to calendar year 2013,
4the term "wages" shall include only the remuneration paid to an
5individual by an employer during that period with respect to
6employment which does not exceed $12,900. With respect to the
7calendar years 2014 through 2019, the term "wages" shall
8include only the remuneration paid to an individual by an
9employer during that period with respect to employment which
10does not exceed $12,960. Notwithstanding any provision to the
11contrary, the maximum amount includable as "wages" pursuant to
12this Section shall not be less than $12,300 or greater than
13$12,960 with respect to any calendar year after calendar year
142009 except calendar year 2012 and except as otherwise provided
15in subsection A-1.
16    The remuneration paid to an individual by an employer with
17respect to employment in another State or States, upon which
18contributions were required of such employer under an
19unemployment compensation law of such other State or States,
20shall be included as a part of the remuneration herein referred
21to. For the purposes of this subsection, any employing unit
22which succeeds to the organization, trade, or business, or to
23substantially all of the assets of another employing unit, or
24to the organization, trade, or business, or to substantially
25all of the assets of a distinct severable portion of another
26employing unit, shall be treated as a single unit with its

 

 

09700SB0072ham003- 18 -LRB097 05652 WGH 59577 a

1predecessor for the calendar year in which such succession
2occurs; any employing unit which is owned or controlled by the
3same interests which own or control another employing unit
4shall be treated as a single unit with the unit so owned or
5controlled by such interests for any calendar year throughout
6which such ownership or control exists; and, with respect to
7any trade or business transfer subject to subsection A of
8Section 1507.1, a transferee, as defined in subsection G of
9Section 1507.1, shall be treated as a single unit with the
10transferor, as defined in subsection G of Section 1507.1, for
11the calendar year in which the transfer occurs. This subsection
12applies only to Sections 1400, 1405A, and 1500.
13    A-1. (Blank). If, by March 1, 2013, the payments
14attributable to the changes to subsection A by this or any
15subsequent amendatory Act of the 97th General Assembly do not
16equal or exceed the loss to this State's account in the
17unemployment trust fund as a result of Section 1506.5 and the
18changes made to Section 1506.3 by this or any subsequent
19amendatory Act of the 97th General Assembly, including
20unrealized interest, then, with respect to calendar year 2013,
21the term "wages" shall include only the remuneration paid to an
22individual by an employer during that period with respect to
23employment which does not exceed $13,560. For purposes of
24subsection A, if the maximum amount includable as "wages" with
25respect to calendar year 2013 is $13,560, the maximum amount
26includable as "wages" with respect to calendar year 2014 shall

 

 

09700SB0072ham003- 19 -LRB097 05652 WGH 59577 a

1be calculated as though the maximum amount includable as
2"wages" with respect to calendar year 2013 had been calculated
3pursuant to subsection A, without regard to this Section.
4    B. The amount of any payment (including any amount paid by
5an employer for insurance or annuities, or into a fund, to
6provide for any such payment), made to, or on behalf of, an
7individual or any of his dependents under a plan or system
8established by an employer which makes provision generally for
9individuals performing services for him (or for such
10individuals generally and their dependents) or for a class or
11classes of such individuals (or for a class or classes of such
12individuals and their dependents), on account of (1) sickness
13or accident disability (except those sickness or accident
14disability payments which would be includable as "wages" in
15Section 3306(b)(2)(A) of the Federal Internal Revenue Code of
161954, in effect on January 1, 1985, such includable payments to
17be attributable in such manner as provided by Section 3306(b)
18of the Federal Internal Revenue Code of 1954, in effect on
19January 1, 1985), or (2) medical or hospitalization expenses in
20connection with sickness or accident disability, or (3) death.
21    C. Any payment made to, or on behalf of, an employee or his
22beneficiary which would be excluded from "wages" by
23subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
243306(b)(5) of the Federal Internal Revenue Code of 1954, in
25effect on January 1, 1985.
26    D. The amount of any payment on account of sickness or

 

 

09700SB0072ham003- 20 -LRB097 05652 WGH 59577 a

1accident disability, or medical or hospitalization expenses in
2connection with sickness or accident disability, made by an
3employer to, or on behalf of, an individual performing services
4for him after the expiration of six calendar months following
5the last calendar month in which the individual performed
6services for such employer.
7    E. Remuneration paid in any medium other than cash by an
8employing unit to an individual for service in agricultural
9labor as defined in Section 214.
10    F. The amount of any supplemental payment made by an
11employer to an individual performing services for him, other
12than remuneration for services performed, under a shared work
13plan approved by the Director pursuant to Section 407.1.
14(Source: P.A. 97-1, eff. 3-31-11.)
 
15    (820 ILCS 405/401)  (from Ch. 48, par. 401)
16    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
17    A. With respect to any week beginning prior to April 24,
181983, an individual's weekly benefit amount shall be an amount
19equal to the weekly benefit amount as defined in this Act as in
20effect on November 30, 1982.
21    B. 1. With respect to any week beginning on or after April
2224, 1983 and before January 3, 1988, an individual's weekly
23benefit amount shall be 48% of his prior average weekly wage,
24rounded (if not already a multiple of one dollar) to the next
25higher dollar; provided, however, that the weekly benefit

 

 

09700SB0072ham003- 21 -LRB097 05652 WGH 59577 a

1amount cannot exceed the maximum weekly benefit amount, and
2cannot be less than 15% of the statewide average weekly wage,
3rounded (if not already a multiple of one dollar) to the next
4higher dollar. However, the weekly benefit amount for an
5individual who has established a benefit year beginning before
6April 24, 1983, shall be determined, for weeks beginning on or
7after April 24, 1983 claimed with respect to that benefit year,
8as provided under this Act as in effect on November 30, 1982.
9With respect to any week beginning on or after January 3, 1988
10and before January 1, 1993, an individual's weekly benefit
11amount shall be 49% of his prior average weekly wage, rounded
12(if not already a multiple of one dollar) to the next higher
13dollar; provided, however, that the weekly benefit amount
14cannot exceed the maximum weekly benefit amount, and cannot be
15less than $51. With respect to any week beginning on or after
16January 3, 1993 and during a benefit year beginning before
17January 4, 2004, an individual's weekly benefit amount shall be
1849.5% of his prior average weekly wage, rounded (if not already
19a multiple of one dollar) to the next higher dollar; provided,
20however, that the weekly benefit amount cannot exceed the
21maximum weekly benefit amount and cannot be less than $51. With
22respect to any benefit year beginning on or after January 4,
232004 and before January 6, 2008, an individual's weekly benefit
24amount shall be 48% of his or her prior average weekly wage,
25rounded (if not already a multiple of one dollar) to the next
26higher dollar; provided, however, that the weekly benefit

 

 

09700SB0072ham003- 22 -LRB097 05652 WGH 59577 a

1amount cannot exceed the maximum weekly benefit amount and
2cannot be less than $51. Except as otherwise provided in this
3Section, with With respect to any benefit year beginning on or
4after January 6, 2008, an individual's weekly benefit amount
5shall be 47% of his or her prior average weekly wage, rounded
6(if not already a multiple of one dollar) to the next higher
7dollar; provided, however, that the weekly benefit amount
8cannot exceed the maximum weekly benefit amount and cannot be
9less than $51. With respect to any benefit year beginning in
10calendar year 2016, an individual's weekly benefit amount shall
11be 42.8% of his or her prior average weekly wage, rounded (if
12not already a multiple of one dollar) to the next higher
13dollar; provided, however, that the weekly benefit amount
14cannot exceed the maximum weekly benefit amount and cannot be
15less than $51. With respect to any benefit year beginning in
16calendar year 2018, an individual's weekly benefit amount shall
17be 42.9% of his or her prior average weekly wage, rounded (if
18not already a multiple of one dollar) to the next higher
19dollar; provided, however, that the weekly benefit amount
20cannot exceed the maximum weekly benefit amount and cannot be
21less than $51.
22    2. For the purposes of this subsection:
23    With respect to any week beginning on or after April 24,
241983, an individual's "prior average weekly wage" means the
25total wages for insured work paid to that individual during the
262 calendar quarters of his base period in which such total

 

 

09700SB0072ham003- 23 -LRB097 05652 WGH 59577 a

1wages were highest, divided by 26. If the quotient is not
2already a multiple of one dollar, it shall be rounded to the
3nearest dollar; however if the quotient is equally near 2
4multiples of one dollar, it shall be rounded to the higher
5multiple of one dollar.
6    "Determination date" means June 1, 1982, December 1, 1982
7and December 1 of each succeeding calendar year thereafter.
8However, if as of June 30, 1982, or any June 30 thereafter, the
9net amount standing to the credit of this State's account in
10the unemployment trust fund (less all outstanding advances to
11that account, including advances pursuant to Title XII of the
12federal Social Security Act) is greater than $100,000,000,
13"determination date" shall mean December 1 of that year and
14June 1 of the succeeding year. Notwithstanding the preceding
15sentence, for the purposes of this Act only, there shall be no
16June 1 determination date in any year after 1986.
17    "Determination period" means, with respect to each June 1
18determination date, the 12 consecutive calendar months ending
19on the immediately preceding December 31 and, with respect to
20each December 1 determination date, the 12 consecutive calendar
21months ending on the immediately preceding June 30.
22    "Benefit period" means the 12 consecutive calendar month
23period beginning on the first day of the first calendar month
24immediately following a determination date, except that, with
25respect to any calendar year in which there is a June 1
26determination date, "benefit period" shall mean the 6

 

 

09700SB0072ham003- 24 -LRB097 05652 WGH 59577 a

1consecutive calendar month period beginning on the first day of
2the first calendar month immediately following the preceding
3December 1 determination date and the 6 consecutive calendar
4month period beginning on the first day of the first calendar
5month immediately following the June 1 determination date.
6Notwithstanding the foregoing sentence, the 6 calendar months
7beginning January 1, 1982 and ending June 30, 1982 shall be
8deemed a benefit period with respect to which the determination
9date shall be June 1, 1981.
10    "Gross wages" means all the wages paid to individuals
11during the determination period immediately preceding a
12determination date for insured work, and reported to the
13Director by employers prior to the first day of the third
14calendar month preceding that date.
15    "Covered employment" for any calendar month means the total
16number of individuals, as determined by the Director, engaged
17in insured work at mid-month.
18    "Average monthly covered employment" means one-twelfth of
19the sum of the covered employment for the 12 months of a
20determination period.
21    "Statewide average annual wage" means the quotient,
22obtained by dividing gross wages by average monthly covered
23employment for the same determination period, rounded (if not
24already a multiple of one cent) to the nearest cent.
25    "Statewide average weekly wage" means the quotient,
26obtained by dividing the statewide average annual wage by 52,

 

 

09700SB0072ham003- 25 -LRB097 05652 WGH 59577 a

1rounded (if not already a multiple of one cent) to the nearest
2cent. Notwithstanding any provisions of this Section to the
3contrary, the statewide average weekly wage for the benefit
4period beginning July 1, 1982 and ending December 31, 1982
5shall be the statewide average weekly wage in effect for the
6immediately preceding benefit period plus one-half of the
7result obtained by subtracting the statewide average weekly
8wage for the immediately preceding benefit period from the
9statewide average weekly wage for the benefit period beginning
10July 1, 1982 and ending December 31, 1982 as such statewide
11average weekly wage would have been determined but for the
12provisions of this paragraph. Notwithstanding any provisions
13of this Section to the contrary, the statewide average weekly
14wage for the benefit period beginning April 24, 1983 and ending
15January 31, 1984 shall be $321 and for the benefit period
16beginning February 1, 1984 and ending December 31, 1986 shall
17be $335, and for the benefit period beginning January 1, 1987,
18and ending December 31, 1987, shall be $350, except that for an
19individual who has established a benefit year beginning before
20April 24, 1983, the statewide average weekly wage used in
21determining benefits, for any week beginning on or after April
2224, 1983, claimed with respect to that benefit year, shall be
23$334.80, except that, for the purpose of determining the
24minimum weekly benefit amount under subsection B(1) for the
25benefit period beginning January 1, 1987, and ending December
2631, 1987, the statewide average weekly wage shall be $335; for

 

 

09700SB0072ham003- 26 -LRB097 05652 WGH 59577 a

1the benefit periods January 1, 1988 through December 31, 1988,
2January 1, 1989 through December 31, 1989, and January 1, 1990
3through December 31, 1990, the statewide average weekly wage
4shall be $359, $381, and $406, respectively. Notwithstanding
5the preceding sentences of this paragraph, for the benefit
6period of calendar year 1991, the statewide average weekly wage
7shall be $406 plus (or minus) an amount equal to the percentage
8change in the statewide average weekly wage, as computed in
9accordance with the preceding sentences of this paragraph,
10between the benefit periods of calendar years 1989 and 1990,
11multiplied by $406; and, for the benefit periods of calendar
12years 1992 through 2003 and calendar year 2005 and each
13calendar year thereafter, the statewide average weekly wage,
14shall be the statewide average weekly wage, as determined in
15accordance with this sentence, for the immediately preceding
16benefit period plus (or minus) an amount equal to the
17percentage change in the statewide average weekly wage, as
18computed in accordance with the preceding sentences of this
19paragraph, between the 2 immediately preceding benefit
20periods, multiplied by the statewide average weekly wage, as
21determined in accordance with this sentence, for the
22immediately preceding benefit period. However, for purposes of
23the Workers' Compensation Act, the statewide average weekly
24wage will be computed using June 1 and December 1 determination
25dates of each calendar year and such determination shall not be
26subject to the limitation of $321, $335, $350, $359, $381, $406

 

 

09700SB0072ham003- 27 -LRB097 05652 WGH 59577 a

1or the statewide average weekly wage as computed in accordance
2with the preceding sentence of this paragraph.
3    With respect to any week beginning on or after April 24,
41983 and before January 3, 1988, "maximum weekly benefit
5amount" means 48% of the statewide average weekly wage, rounded
6(if not already a multiple of one dollar) to the nearest
7dollar, provided however, that the maximum weekly benefit
8amount for an individual who has established a benefit year
9beginning before April 24, 1983, shall be determined, for weeks
10beginning on or after April 24, 1983 claimed with respect to
11that benefit year, as provided under this Act as amended and in
12effect on November 30, 1982, except that the statewide average
13weekly wage used in such determination shall be $334.80.
14    With respect to any week beginning after January 2, 1988
15and before January 1, 1993, "maximum weekly benefit amount"
16with respect to each week beginning within a benefit period
17means 49% of the statewide average weekly wage, rounded (if not
18already a multiple of one dollar) to the next higher dollar.
19    With respect to any week beginning on or after January 3,
201993 and during a benefit year beginning before January 4,
212004, "maximum weekly benefit amount" with respect to each week
22beginning within a benefit period means 49.5% of the statewide
23average weekly wage, rounded (if not already a multiple of one
24dollar) to the next higher dollar.
25    With respect to any benefit year beginning on or after
26January 4, 2004 and before January 6, 2008, "maximum weekly

 

 

09700SB0072ham003- 28 -LRB097 05652 WGH 59577 a

1benefit amount" with respect to each week beginning within a
2benefit period means 48% of the statewide average weekly wage,
3rounded (if not already a multiple of one dollar) to the next
4higher dollar.
5    Except as otherwise provided in this Section, with With
6respect to any benefit year beginning on or after January 6,
72008, "maximum weekly benefit amount" with respect to each week
8beginning within a benefit period means 47% of the statewide
9average weekly wage, rounded (if not already a multiple of one
10dollar) to the next higher dollar.
11    With respect to any benefit year beginning in calendar year
122016, "maximum weekly benefit amount" with respect to each week
13beginning within a benefit period means 42.8% of the statewide
14average weekly wage, rounded (if not already a multiple of one
15dollar) to the next higher dollar.
16    With respect to any benefit year beginning in calendar year
172018, "maximum weekly benefit amount" with respect to each week
18beginning within a benefit period means 42.9% of the statewide
19average weekly wage, rounded (if not already a multiple of one
20dollar) to the next higher dollar.
21    C. With respect to any week beginning on or after April 24,
221983 and before January 3, 1988, an individual to whom benefits
23are payable with respect to any week shall, in addition to such
24benefits, be paid, with respect to such week, as follows: in
25the case of an individual with a nonworking spouse, 7% of his
26prior average weekly wage, rounded (if not already a multiple

 

 

09700SB0072ham003- 29 -LRB097 05652 WGH 59577 a

1of one dollar) to the higher dollar; provided, that the total
2amount payable to the individual with respect to a week shall
3not exceed 55% of the statewide average weekly wage, rounded
4(if not already a multiple of one dollar) to the nearest
5dollar; and in the case of an individual with a dependent child
6or dependent children, 14.4% of his prior average weekly wage,
7rounded (if not already a multiple of one dollar) to the higher
8dollar; provided, that the total amount payable to the
9individual with respect to a week shall not exceed 62.4% of the
10statewide average weekly wage, rounded (if not already a
11multiple of one dollar) to the next higher dollar with respect
12to the benefit period beginning January 1, 1987 and ending
13December 31, 1987, and otherwise to the nearest dollar.
14However, for an individual with a nonworking spouse or with a
15dependent child or children who has established a benefit year
16beginning before April 24, 1983, the amount of additional
17benefits payable on account of the nonworking spouse or
18dependent child or children shall be determined, for weeks
19beginning on or after April 24, 1983 claimed with respect to
20that benefit year, as provided under this Act as in effect on
21November 30, 1982, except that the statewide average weekly
22wage used in such determination shall be $334.80.
23    With respect to any week beginning on or after January 2,
241988 and before January 1, 1991 and any week beginning on or
25after January 1, 1992, and before January 1, 1993, an
26individual to whom benefits are payable with respect to any

 

 

09700SB0072ham003- 30 -LRB097 05652 WGH 59577 a

1week shall, in addition to those benefits, be paid, with
2respect to such week, as follows: in the case of an individual
3with a nonworking spouse, 8% of his prior average weekly wage,
4rounded (if not already a multiple of one dollar) to the next
5higher dollar, provided, that the total amount payable to the
6individual with respect to a week shall not exceed 57% of the
7statewide average weekly wage, rounded (if not already a
8multiple of one dollar) to the next higher dollar; and in the
9case of an individual with a dependent child or dependent
10children, 15% of his prior average weekly wage, rounded (if not
11already a multiple of one dollar) to the next higher dollar,
12provided that the total amount payable to the individual with
13respect to a week shall not exceed 64% of the statewide average
14weekly wage, rounded (if not already a multiple of one dollar)
15to the next higher dollar.
16    With respect to any week beginning on or after January 1,
171991 and before January 1, 1992, an individual to whom benefits
18are payable with respect to any week shall, in addition to the
19benefits, be paid, with respect to such week, as follows: in
20the case of an individual with a nonworking spouse, 8.3% of his
21prior average weekly wage, rounded (if not already a multiple
22of one dollar) to the next higher dollar, provided, that the
23total amount payable to the individual with respect to a week
24shall not exceed 57.3% of the statewide average weekly wage,
25rounded (if not already a multiple of one dollar) to the next
26higher dollar; and in the case of an individual with a

 

 

09700SB0072ham003- 31 -LRB097 05652 WGH 59577 a

1dependent child or dependent children, 15.3% of his prior
2average weekly wage, rounded (if not already a multiple of one
3dollar) to the next higher dollar, provided that the total
4amount payable to the individual with respect to a week shall
5not exceed 64.3% of the statewide average weekly wage, rounded
6(if not already a multiple of one dollar) to the next higher
7dollar.
8    With respect to any week beginning on or after January 3,
91993, during a benefit year beginning before January 4, 2004,
10an individual to whom benefits are payable with respect to any
11week shall, in addition to those benefits, be paid, with
12respect to such week, as follows: in the case of an individual
13with a nonworking spouse, 9% of his prior average weekly wage,
14rounded (if not already a multiple of one dollar) to the next
15higher dollar, provided, that the total amount payable to the
16individual with respect to a week shall not exceed 58.5% of the
17statewide average weekly wage, rounded (if not already a
18multiple of one dollar) to the next higher dollar; and in the
19case of an individual with a dependent child or dependent
20children, 16% of his prior average weekly wage, rounded (if not
21already a multiple of one dollar) to the next higher dollar,
22provided that the total amount payable to the individual with
23respect to a week shall not exceed 65.5% of the statewide
24average weekly wage, rounded (if not already a multiple of one
25dollar) to the next higher dollar.
26    With respect to any benefit year beginning on or after

 

 

09700SB0072ham003- 32 -LRB097 05652 WGH 59577 a

1January 4, 2004 and before January 6, 2008, an individual to
2whom benefits are payable with respect to any week shall, in
3addition to those benefits, be paid, with respect to such week,
4as follows: in the case of an individual with a nonworking
5spouse, 9% of his or her prior average weekly wage, rounded (if
6not already a multiple of one dollar) to the next higher
7dollar, provided, that the total amount payable to the
8individual with respect to a week shall not exceed 57% of the
9statewide average weekly wage, rounded (if not already a
10multiple of one dollar) to the next higher dollar; and in the
11case of an individual with a dependent child or dependent
12children, 17.2% of his or her prior average weekly wage,
13rounded (if not already a multiple of one dollar) to the next
14higher dollar, provided that the total amount payable to the
15individual with respect to a week shall not exceed 65.2% of the
16statewide average weekly wage, rounded (if not already a
17multiple of one dollar) to the next higher dollar.
18    With respect to any benefit year beginning on or after
19January 6, 2008 and before January 1, 2010, an individual to
20whom benefits are payable with respect to any week shall, in
21addition to those benefits, be paid, with respect to such week,
22as follows: in the case of an individual with a nonworking
23spouse, 9% of his or her prior average weekly wage, rounded (if
24not already a multiple of one dollar) to the next higher
25dollar, provided, that the total amount payable to the
26individual with respect to a week shall not exceed 56% of the

 

 

09700SB0072ham003- 33 -LRB097 05652 WGH 59577 a

1statewide average weekly wage, rounded (if not already a
2multiple of one dollar) to the next higher dollar; and in the
3case of an individual with a dependent child or dependent
4children, 18.2% of his or her prior average weekly wage,
5rounded (if not already a multiple of one dollar) to the next
6higher dollar, provided that the total amount payable to the
7individual with respect to a week shall not exceed 65.2% of the
8statewide average weekly wage, rounded (if not already a
9multiple of one dollar) to the next higher dollar.
10    The additional amount paid pursuant to this subsection in
11the case of an individual with a dependent child or dependent
12children shall be referred to as the "dependent child
13allowance", and the percentage rate by which an individual's
14prior average weekly wage is multiplied pursuant to this
15subsection to calculate the dependent child allowance shall be
16referred to as the "dependent child allowance rate".
17    Except as otherwise provided in this Section, with With
18respect to any benefit year beginning on or after January 1,
192010, an individual to whom benefits are payable with respect
20to any week shall, in addition to those benefits, be paid, with
21respect to such week, as follows: in the case of an individual
22with a nonworking spouse, the greater of (i) 9% of his or her
23prior average weekly wage, rounded (if not already a multiple
24of one dollar) to the next higher dollar, or (ii) $15, provided
25that the total amount payable to the individual with respect to
26a week shall not exceed 56% of the statewide average weekly

 

 

09700SB0072ham003- 34 -LRB097 05652 WGH 59577 a

1wage, rounded (if not already a multiple of one dollar) to the
2next higher dollar; and in the case of an individual with a
3dependent child or dependent children, the greater of (i) the
4product of the dependent child allowance rate multiplied by his
5or her prior average weekly wage, rounded (if not already a
6multiple of one dollar) to the next higher dollar, or (ii) the
7lesser of $50 or 50% of his or her weekly benefit amount,
8rounded (if not already a multiple of one dollar) to the next
9higher dollar, provided that the total amount payable to the
10individual with respect to a week shall not exceed the product
11of the statewide average weekly wage multiplied by the sum of
1247% plus the dependent child allowance rate, rounded (if not
13already a multiple of one dollar) to the next higher dollar.
14    With respect to any benefit year beginning in calendar year
152016, an individual to whom benefits are payable with respect
16to any week shall, in addition to those benefits, be paid, with
17respect to such week, as follows: in the case of an individual
18with a nonworking spouse, the greater of (i) 9% of his or her
19prior average weekly wage, rounded (if not already a multiple
20of one dollar) to the next higher dollar, or (ii) $15, provided
21that the total amount payable to the individual with respect to
22a week shall not exceed 51.8% of the statewide average weekly
23wage, rounded (if not already a multiple of one dollar) to the
24next higher dollar; and in the case of an individual with a
25dependent child or dependent children, the greater of (i) the
26product of the dependent child allowance rate multiplied by his

 

 

09700SB0072ham003- 35 -LRB097 05652 WGH 59577 a

1or her prior average weekly wage, rounded (if not already a
2multiple of one dollar) to the next higher dollar, or (ii) the
3lesser of $50 or 50% of his or her weekly benefit amount,
4rounded (if not already a multiple of one dollar) to the next
5higher dollar, provided that the total amount payable to the
6individual with respect to a week shall not exceed the product
7of the statewide average weekly wage multiplied by the sum of
842.8% plus the dependent child allowance rate, rounded (if not
9already a multiple of one dollar) to the next higher dollar.
10    With respect to any benefit year beginning in calendar year
112018, an individual to whom benefits are payable with respect
12to any week shall, in addition to those benefits, be paid, with
13respect to such week, as follows: in the case of an individual
14with a nonworking spouse, the greater of (i) 9% of his or her
15prior average weekly wage, rounded (if not already a multiple
16of one dollar) to the next higher dollar, or (ii) $15, provided
17that the total amount payable to the individual with respect to
18a week shall not exceed 51.9% of the statewide average weekly
19wage, rounded (if not already a multiple of one dollar) to the
20next higher dollar; and in the case of an individual with a
21dependent child or dependent children, the greater of (i) the
22product of the dependent child allowance rate multiplied by his
23or her prior average weekly wage, rounded (if not already a
24multiple of one dollar) to the next higher dollar, or (ii) the
25lesser of $50 or 50% of his or her weekly benefit amount,
26rounded (if not already a multiple of one dollar) to the next

 

 

09700SB0072ham003- 36 -LRB097 05652 WGH 59577 a

1higher dollar, provided that the total amount payable to the
2individual with respect to a week shall not exceed the product
3of the statewide average weekly wage multiplied by the sum of
442.9% plus the dependent child allowance rate, rounded (if not
5already a multiple of one dollar) to the next higher dollar.
6    With respect to each benefit year beginning after calendar
7year 2009, the dependent child allowance rate shall be the sum
8of the allowance adjustment applicable pursuant to Section
91400.1 to the calendar year in which the benefit year begins,
10plus the dependent child allowance rate with respect to each
11benefit year beginning in the immediately preceding calendar
12year, except as otherwise provided in this subsection. The
13dependent child allowance rate with respect to each benefit
14year beginning in calendar year 2010 shall not be greater than
1518.2%. The dependent child allowance rate with respect to each
16benefit year beginning in calendar year 2011 shall be reduced
17by 0.2% absolute below the rate it would otherwise have been
18pursuant to this subsection and, with respect to each benefit
19year beginning after calendar year 2010, except as otherwise
20provided, shall not be less than 17.1% or greater than 18.0%.
21Unless, as a result of this sentence, the agreement between the
22Federal Government and State regarding the Federal Additional
23Compensation program established under Section 2002 of the
24American Recovery and Reinvestment Act, or a successor program,
25would not apply or would cease to apply, the dependent child
26allowance rate with respect to each benefit year beginning in

 

 

09700SB0072ham003- 37 -LRB097 05652 WGH 59577 a

1calendar year 2012 shall be reduced by 0.1% absolute below the
2rate it would otherwise have been pursuant to this subsection
3and, with respect to each benefit year beginning after calendar
4year 2011, shall not be less than 17.0% or greater than 17.9%.
5    For the purposes of this subsection:
6    "Dependent" means a child or a nonworking spouse.
7    "Child" means a natural child, stepchild, or adopted child
8of an individual claiming benefits under this Act or a child
9who is in the custody of any such individual by court order,
10for whom the individual is supplying and, for at least 90
11consecutive days (or for the duration of the parental
12relationship if it has existed for less than 90 days)
13immediately preceding any week with respect to which the
14individual has filed a claim, has supplied more than one-half
15the cost of support, or has supplied at least 1/4 of the cost
16of support if the individual and the other parent, together,
17are supplying and, during the aforesaid period, have supplied
18more than one-half the cost of support, and are, and were
19during the aforesaid period, members of the same household; and
20who, on the first day of such week (a) is under 18 years of age,
21or (b) is, and has been during the immediately preceding 90
22days, unable to work because of illness or other disability:
23provided, that no person who has been determined to be a child
24of an individual who has been allowed benefits with respect to
25a week in the individual's benefit year shall be deemed to be a
26child of the other parent, and no other person shall be

 

 

09700SB0072ham003- 38 -LRB097 05652 WGH 59577 a

1determined to be a child of such other parent, during the
2remainder of that benefit year.
3    "Nonworking spouse" means the lawful husband or wife of an
4individual claiming benefits under this Act, for whom more than
5one-half the cost of support has been supplied by the
6individual for at least 90 consecutive days (or for the
7duration of the marital relationship if it has existed for less
8than 90 days) immediately preceding any week with respect to
9which the individual has filed a claim, but only if the
10nonworking spouse is currently ineligible to receive benefits
11under this Act by reason of the provisions of Section 500E.
12    An individual who was obligated by law to provide for the
13support of a child or of a nonworking spouse for the aforesaid
14period of 90 consecutive days, but was prevented by illness or
15injury from doing so, shall be deemed to have provided more
16than one-half the cost of supporting the child or nonworking
17spouse for that period.
18(Source: P.A. 96-30, eff. 6-30-09.)
 
19    (820 ILCS 405/403)  (from Ch. 48, par. 403)
20    Sec. 403. Maximum total amount of benefits.)
21    A. With respect to any benefit year beginning prior to
22September 30, 1979, any otherwise eligible individual shall be
23entitled, during such benefit year, to a maximum total amount
24of benefits as shall be determined in the manner set forth in
25this Act as amended and in effect on November 9, 1977.

 

 

09700SB0072ham003- 39 -LRB097 05652 WGH 59577 a

1    B. With respect to any benefit year beginning on or after
2September 30, 1979, except as otherwise provided in this
3Section, any otherwise eligible individual shall be entitled,
4during such benefit year, to a maximum total amount of benefits
5equal to 26 times his or her weekly benefit amount plus
6dependents' allowances, or to the total wages for insured work
7paid to such individual during the individual's base period,
8whichever amount is smaller. With respect to any benefit year
9beginning in calendar year 2012, any otherwise eligible
10individual shall be entitled, during such benefit year, to a
11maximum total amount of benefits equal to 25 times his or her
12weekly benefit amount plus dependents' allowances, or to the
13total wages for insured work paid to such individual during the
14individual's base period, whichever amount is smaller. With
15respect to any benefit year beginning in calendar year 2016 or
162018, any otherwise eligible individual shall be entitled,
17during such benefit year, to a maximum total amount of benefits
18equal to 24 times his or her weekly benefit amount plus
19dependents' allowances, or to the total wages for insured work
20paid to such individual during the individual's base period,
21whichever amount is smaller. If the maximum amount includable
22as "wages" pursuant to Section 235 is $13,560 with respect to
23calendar year 2013, then, with respect to any benefit year
24beginning after March 31, 2013 and before April 1, 2014, any
25otherwise eligible individual shall be entitled, during such
26benefit year, to a maximum total amount of benefits equal to 25

 

 

09700SB0072ham003- 40 -LRB097 05652 WGH 59577 a

1times his or her weekly benefit amount plus dependents
2allowances, or to the total wages for insured work paid to such
3individual during the individual's base period, whichever
4amount is smaller.
5(Source: P.A. 97-1, eff. 3-31-11.)
 
6    (820 ILCS 405/611.1 new)
7    Sec. 611.1. Social Security Retirement Pay Task Force.
8    (a) The Social Security Retirement Pay Task Force is hereby
9created within the Department. The Task Force shall consist of
1013 members. The following members shall be appointed within 60
11days after the effective date of this amendatory Act of the
1297th General Assembly: 2 members appointed by the President of
13the Senate; 2 members appointed by the Senate Minority Leader;
142 members appointed by the Speaker of the House of
15Representatives; 2 members appointed by the House Minority
16Leader; 2 members appointed by the Governor; and the Director,
17who shall serve as ex officio chairman and who shall appoint
18one additional member who shall be a representative citizen
19chosen from the employee class and one additional member who
20shall be a representative citizen chosen from the employing
21class. All members shall be voting members. Members shall serve
22without compensation, but may be reimbursed for expenses
23associated with the Task Force. The Task Force shall begin to
24conduct business upon the appointment of all members. For
25purposes of Task Force meetings, a quorum is 7 members. If a

 

 

09700SB0072ham003- 41 -LRB097 05652 WGH 59577 a

1vacancy occurs on the Task Force, a successor member shall be
2appointed by the original appointing authority. Meetings of the
3Task Force are subject to the Open Meetings Act.
4    (b) The Task Force shall analyze the impact of paragraph 2
5of subsection A of Section 611 of this Act on individuals
6receiving primary social security old age and disability
7retirement benefits and make a recommendation to the General
8Assembly as to the advisability of amending that paragraph with
9regard to those individuals. Considerations to be taken into
10account in the analysis include but are not limited to the
11amount of benefits that would have been payable in prior years
12if that paragraph had not applied to those individuals, the
13potential impact on employer liabilities under the Act had that
14paragraph not applied to those individuals, the current and
15projected balances in this State's account in the federal
16Unemployment Trust Fund and the fact that the majority of state
17unemployment insurance laws do not include comparable language
18with regard to those individuals. The Task Force shall hold at
19least 3 public hearings as part of its analysis. The Task Force
20may establish any committees it deems necessary.
21    (c) All findings, recommendations, public postings, and
22other relevant information pertaining to the Task Force shall
23be posted on the Department's website. The Department shall
24provide staff and administrative support to the Task Force. The
25Department and the Task Force may accept donated services and
26other resources from registered not-for-profit organizations

 

 

09700SB0072ham003- 42 -LRB097 05652 WGH 59577 a

1that may be necessary to complete the work of the Task Force.
2The Task Force shall report its findings and recommendations to
3the Governor and the General Assembly no later than December
431, 2012, and shall be dissolved upon submission of the report.
 
5    (820 ILCS 405/702)  (from Ch. 48, par. 452)
6    Sec. 702. Determinations. The claims adjudicator shall for
7each week with respect to which the claimant claims benefits or
8waiting period credit, make a "determination" which shall state
9whether or not the claimant is eligible for such benefits or
10waiting period credit and the sum to be paid the claimant with
11respect to such week. The claims adjudicator shall promptly
12notify the claimant and such employing unit as shall, within
13the time and in the manner prescribed by the Director, have
14filed a sufficient allegation that the claimant is ineligible
15to receive benefits or waiting period credit for said week, of
16his "determination" and the reasons therefor. The Director may,
17by rule adopted with the advice and aid of the Employment
18Security Advisory Board, require that an employing unit with 50
19or more individuals in its employ during the prior calendar
20year, or an entity representing 5 or more employing units
21during the prior calendar year, file an allegation of
22ineligibility electronically in a manner prescribed by the
23Director. In making his "determination," the claims
24adjudicator shall give consideration to the information, if
25any, contained in the employing unit's allegation, whether or

 

 

09700SB0072ham003- 43 -LRB097 05652 WGH 59577 a

1not the allegation is sufficient. The claims adjudicator shall
2deem an employing unit's allegation sufficient only if it
3contains a reason or reasons therefor (other than general
4conclusions of law, and statements such as "not actively
5seeking work" or "not available for work" shall be deemed, for
6this purpose, to be conclusions of law). If the claims
7adjudicator deems an allegation insufficient, he shall make a
8decision accordingly, and shall notify the employing unit of
9such decision and the reasons therefor. Such decision may be
10appealed by the employing unit to a Referee within the time
11limits prescribed by Section 800 for appeal from a
12"determination". Any such appeal, and any appeal from the
13Referee's decision thereon, shall be governed by the applicable
14provisions of Sections 801, 803, 804 and 805.
15(Source: P.A. 81-1521.)
 
16    (820 ILCS 405/804)  (from Ch. 48, par. 474)
17    Sec. 804. Conduct of hearings-Service of notice.    The
18manner in which disputed claims for benefits shall be presented
19and the conduct of hearings and appeals shall be in accordance
20with regulations prescribed by the Director for determining the
21rights of the parties. A full and complete record shall be kept
22of all proceedings in connection with a disputed claim. All
23testimony at any hearing upon a disputed claim shall be
24recorded but need not be transcribed unless the disputed claim
25is further appealed.

 

 

09700SB0072ham003- 44 -LRB097 05652 WGH 59577 a

1    Whenever the giving of notice is required by Sections 701,
2702, 703, 801, 803, 805, and 900, it may be given and be
3completed by mailing the same to the last known address of the
4person entitled thereto. If agreed to by the person or entity
5entitled to notice, notice may be given and completed
6electronically, in the manner prescribed by rule, by posting
7the notice on a secure web site accessible to the person or
8entity and sending notice of the posting to the last known
9e-mail address of the person or entity.
10(Source: Laws 1955, p. 744.)
 
11    (820 ILCS 405/900)  (from Ch. 48, par. 490)
12    Sec. 900. Recoupment.) A. Whenever an individual has
13received any sum as benefits for which he is found to have been
14ineligible, the amount thereof may be recovered by suit in the
15name of the People of the State of Illinois, or, from benefits
16payable to him, may be recouped:
17    1. At any time, if, to receive such sum, he knowingly made
18a false statement or knowingly failed to disclose a material
19fact.
20    2. Within 3 years from any date prior to January 1, 1984,
21on which he has been found to have been ineligible for any
22other reason, pursuant to a reconsidered finding or a
23reconsidered determination, or pursuant to the decision of a
24Referee (or of the Director or his representative under Section
25604) which modifies or sets aside a finding or a reconsidered

 

 

09700SB0072ham003- 45 -LRB097 05652 WGH 59577 a

1finding or a determination or a reconsidered determination; or
2within 5 years from any date after December 31, 1983, on which
3he has been found to have been ineligible for any other reason,
4pursuant to a reconsidered finding or a reconsidered
5determination, or pursuant to the decision of a Referee (or of
6the Director or his representative under Section 604) which
7modifies or sets aside a finding or a reconsidered finding or a
8determination or a reconsidered determination. Recoupment
9pursuant to the provisions of this paragraph from benefits
10payable to an individual for any week may be waived upon the
11individual's request, if the sum referred to in paragraph A was
12received by the individual without fault on his part and if
13such recoupment would be against equity and good conscience.
14Such waiver may be denied with respect to any subsequent week
15if, in that week, the facts and circumstances upon which waiver
16was based no longer exist.
17    B. Whenever the claims adjudicator referred to in Section
18702 decides that any sum received by a claimant as benefits
19shall be recouped, or denies recoupment waiver requested by the
20claimant, he shall promptly notify the claimant of his decision
21and the reasons therefor. The decision and the notice thereof
22shall state the amount to be recouped, the weeks with respect
23to which such sum was received by the claimant, and the time
24within which it may be recouped and, as the case may be, the
25reasons for denial of recoupment waiver. The claims adjudicator
26may reconsider his decision within one year after the date when

 

 

09700SB0072ham003- 46 -LRB097 05652 WGH 59577 a

1the decision was made. Such decision or reconsidered decision
2may be appealed to a Referee within the time limits prescribed
3by Section 800 for appeal from a determination. Any such
4appeal, and any appeal from the Referee's decision thereon,
5shall be governed by the applicable provisions of Sections 801,
6803, 804 and 805. No recoupment shall be begun until the
7expiration of the time limits prescribed by Section 800 of this
8Act or, if an appeal has been filed, until the decision of a
9Referee has been made thereon affirming the decision of the
10Claims Adjudicator.
11    C. Any sums recovered under the provisions of this Section
12shall be treated as repayments to the Director of sums
13improperly obtained by the claimant.
14    D. Whenever, by reason of a back pay award made by any
15governmental agency or pursuant to arbitration proceedings, or
16by reason of a payment of wages wrongfully withheld by an
17employing unit, an individual has received wages for weeks with
18respect to which he has received benefits, the amount of such
19benefits may be recouped or otherwise recovered as herein
20provided. An employing unit making a back pay award to an
21individual for weeks with respect to which the individual has
22received benefits shall make the back pay award by check
23payable jointly to the individual and to the Director.
24    E. The amount recouped pursuant to paragraph 2 of
25subsection A from benefits payable to an individual for any
26week shall not exceed 25% of the individual's weekly benefit

 

 

09700SB0072ham003- 47 -LRB097 05652 WGH 59577 a

1amount.
2    In addition to the remedies provided by this Section, when
3an individual has received any sum as benefits for which he is
4found to be ineligible, the Director may request the
5Comptroller to withhold such sum in accordance with Section
610.05 of the State Comptroller Act and the Director may request
7the Secretary of the Treasury to withhold such sum to the
8extent allowed by and in accordance with Section 6402(f) of the
9federal Internal Revenue Code of 1986, as amended. Benefits
10paid pursuant to this Act shall not be subject to such
11withholding. Where the Director requests withholding by the
12Secretary of the Treasury pursuant to this Section, in addition
13to the amount of benefits for which the individual has been
14found ineligible, the individual shall be liable for any
15legally authorized administrative fee assessed by the
16Secretary, with such fee to be added to the amount to be
17withheld by the Secretary.
18(Source: P.A. 85-956.)
 
19    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
20    Sec. 1505. Adjustment of state experience factor. The state
21experience factor shall be adjusted in accordance with the
22following provisions:
23    A. This subsection shall apply to each calendar year prior
24to 1980 for which a state experience factor is being
25determined.

 

 

09700SB0072ham003- 48 -LRB097 05652 WGH 59577 a

1    For every $7,000,000 (or fraction thereof) by which the
2amount standing to the credit of this State's account in the
3unemployment trust fund as of June 30 of the calendar year
4immediately preceding the calendar year for which the state
5experience factor is being determined falls below
6$450,000,000, the state experience factor for the succeeding
7calendar year shall be increased 1 percent absolute.
8    For every $7,000,000 (or fraction thereof) by which the
9amount standing to the credit of this State's account in the
10unemployment trust fund as of June 30 of the calendar year
11immediately preceding the calendar year for which the state
12experience factor is being determined exceeds $450,000,000,
13the state experience factor for the succeeding year shall be
14reduced 1 percent absolute.
15    B. This subsection shall apply to the calendar years 1980
16through 1987, for which the state experience factor is being
17determined.
18    For every $12,000,000 (or fraction thereof) by which the
19amount standing to the credit of this State's account in the
20unemployment trust fund as of June 30 of the calendar year
21immediately preceding the calendar year for which the state
22experience factor is being determined falls below
23$750,000,000, the state experience factor for the succeeding
24calendar year shall be increased 1 percent absolute.
25    For every $12,000,000 (or fraction thereof) by which the
26amount standing to the credit of this State's account in the

 

 

09700SB0072ham003- 49 -LRB097 05652 WGH 59577 a

1unemployment trust fund as of June 30 of the calendar year
2immediately preceding the calendar year for which the state
3experience factor is being determined exceeds $750,000,000,
4the state experience factor for the succeeding year shall be
5reduced 1 percent absolute.
6    C. This subsection shall apply to the calendar year 1988
7and each calendar year thereafter, for which the state
8experience factor is being determined.
9        1. For every $50,000,000 (or fraction thereof) by which
10    the adjusted trust fund balance falls below the target
11    balance set forth in this subsection, the state experience
12    factor for the succeeding year shall be increased one
13    percent absolute.
14        For every $50,000,000 (or fraction thereof) by which
15    the adjusted trust fund balance exceeds the target balance
16    set forth in this subsection, the state experience factor
17    for the succeeding year shall be decreased by one percent
18    absolute.
19        The target balance in each calendar year prior to 2003
20    is $750,000,000. The target balance in calendar year 2003
21    is $920,000,000. The target balance in calendar year 2004
22    is $960,000,000. The target balance in calendar year 2005
23    and each calendar year thereafter is $1,000,000,000.
24        2. For the purposes of this subsection:
25        "Net trust fund balance" is the amount standing to the
26    credit of this State's account in the unemployment trust

 

 

09700SB0072ham003- 50 -LRB097 05652 WGH 59577 a

1    fund as of June 30 of the calendar year immediately
2    preceding the year for which a state experience factor is
3    being determined.
4        "Adjusted trust fund balance" is the net trust fund
5    balance minus the sum of the benefit reserves for fund
6    building for July 1, 1987 through June 30 of the year prior
7    to the year for which the state experience factor is being
8    determined. The adjusted trust fund balance shall not be
9    less than zero. If the preceding calculation results in a
10    number which is less than zero, the amount by which it is
11    less than zero shall reduce the sum of the benefit reserves
12    for fund building for subsequent years.
13        For the purpose of determining the state experience
14    factor for 1989 and for each calendar year thereafter, the
15    following "benefit reserves for fund building" shall apply
16    for each state experience factor calculation in which that
17    12 month period is applicable:
18            a. For the 12 month period ending on June 30, 1988,
19        the "benefit reserve for fund building" shall be
20        8/104th of the total benefits paid from January 1, 1988
21        through June 30, 1988.
22            b. For the 12 month period ending on June 30, 1989,
23        the "benefit reserve for fund building" shall be the
24        sum of:
25                i. 8/104ths of the total benefits paid from
26            July 1, 1988 through December 31, 1988, plus

 

 

09700SB0072ham003- 51 -LRB097 05652 WGH 59577 a

1                ii. 4/108ths of the total benefits paid from
2            January 1, 1989 through June 30, 1989.
3            c. For the 12 month period ending on June 30, 1990,
4        the "benefit reserve for fund building" shall be
5        4/108ths of the total benefits paid from July 1, 1989
6        through December 31, 1989.
7            d. For 1992 and for each calendar year thereafter,
8        the "benefit reserve for fund building" for the 12
9        month period ending on June 30, 1991 and for each
10        subsequent 12 month period shall be zero.
11        3. Notwithstanding the preceding provisions of this
12    subsection, for calendar years 1988 through 2003, the state
13    experience factor shall not be increased or decreased by
14    more than 15 percent absolute.
15    D. Notwithstanding the provisions of subsection C, the
16adjusted state experience factor:
17        1. Shall be 111 percent for calendar year 1988;
18        2. Shall not be less than 75 percent nor greater than
19    135 percent for calendar years 1989 through 2003; and shall
20    not be less than 75% nor greater than 150% for calendar
21    year 2004 and each calendar year thereafter, not counting
22    any increase pursuant to subsection D-1, D-2, or D-3;
23        3. Shall not be decreased by more than 5 percent
24    absolute for any calendar year, beginning in calendar year
25    1989 and through calendar year 1992, by more than 6%
26    absolute for calendar years 1993 through 1995, by more than

 

 

09700SB0072ham003- 52 -LRB097 05652 WGH 59577 a

1    10% absolute for calendar years 1999 through 2003 and by
2    more than 12% absolute for calendar year 2004 and each
3    calendar year thereafter, from the adjusted state
4    experience factor of the calendar year preceding the
5    calendar year for which the adjusted state experience
6    factor is being determined;
7        4. Shall not be increased by more than 15% absolute for
8    calendar year 1993, by more than 14% absolute for calendar
9    years 1994 and 1995, by more than 10% absolute for calendar
10    years 1999 through 2003 and by more than 16% absolute for
11    calendar year 2004 and each calendar year thereafter, from
12    the adjusted state experience factor for the calendar year
13    preceding the calendar year for which the adjusted state
14    experience factor is being determined;
15        5. Shall be 100% for calendar years 1996, 1997, and
16    1998.
17    D-1. The adjusted state experience factor for each of
18calendar years 2013 through 2015 shall be increased by 5%
19absolute above the adjusted state experience factor as
20calculated without regard to this subsection. The adjusted
21state experience factor for each of calendar years 2016 through
222019 shall be increased by 6% absolute above the adjusted state
23experience factor as calculated without regard to this
24subsection. The increase in the adjusted state experience for
25calendar year 2019 pursuant to this subsection shall not be
26counted for purposes of applying paragraph 3 or 4 of subsection

 

 

09700SB0072ham003- 53 -LRB097 05652 WGH 59577 a

1D to the calculation of the adjusted state experience factor
2for calendar year 2020.
3    D-2. The adjusted state experience factor for calendar year
42016 shall be increased by 19% absolute above the adjusted
5state experience factor as calculated without regard to this
6subsection. The increase in the adjusted state experience
7factor for calendar year 2016 pursuant to this subsection shall
8not be counted for purposes of applying paragraph 3 or 4 of
9subsection D to the calculation of the adjusted state
10experience factor for calendar year 2017.
11    D-3. The adjusted state experience factor for calendar year
122018 shall be increased by 19% absolute above the adjusted
13state experience factor as calculated without regard to this
14subsection. The increase in the adjusted state experience
15factor for calendar year 2018 pursuant to this subsection shall
16not be counted for purposes of applying paragraph 3 or 4 of
17subsection D to the calculation of the adjusted state
18experience factor for calendar year 2019.
19    E. The amount standing to the credit of this State's
20account in the unemployment trust fund as of June 30 shall be
21deemed to include as part thereof (a) any amount receivable on
22that date from any Federal governmental agency, or as a payment
23in lieu of contributions under the provisions of Sections 1403
24and 1405 B and paragraph 2 of Section 302C, in reimbursement of
25benefits paid to individuals, and (b) amounts credited by the
26Secretary of the Treasury of the United States to this State's

 

 

09700SB0072ham003- 54 -LRB097 05652 WGH 59577 a

1account in the unemployment trust fund pursuant to Section 903
2of the Federal Social Security Act, as amended, including any
3such amounts which have been appropriated by the General
4Assembly in accordance with the provisions of Section 2100 B
5for expenses of administration, except any amounts which have
6been obligated on or before that date pursuant to such
7appropriation.
8(Source: P.A. 93-634, eff. 1-1-04.)
 
9    (820 ILCS 405/1506.1)  (from Ch. 48, par. 576.1)
10    Sec. 1506.1. Determination of Employer's Contribution
11Rate.
12    A. The contribution rate for any calendar year prior to
131982 of each employer who has incurred liability for the
14payment of contributions within each of the three calendar
15years immediately preceding the calendar year for which a rate
16is being determined shall be determined in accordance with the
17provisions of this Act as amended and in effect on October 5,
181980.
19    B. The contribution rate for calendar years 1982 and 1983
20of each employer who has incurred liability for the payment of
21contributions within each of the three calendar years
22immediately preceding the calendar year for which a rate is
23being determined shall be the product obtained by multiplying
24the employer's benefit wage ratio for that calendar year by the
25adjusted state experience factor for the same year, provided

 

 

09700SB0072ham003- 55 -LRB097 05652 WGH 59577 a

1that:
2        1. No employer's contribution rate shall be lower than
3    two-tenths of 1 percent or higher than 5.3%; and
4        2. Intermediate contribution rates between such
5    minimum and maximum rates shall be at one-tenth of 1
6    percent intervals.
7        3. If the product obtained as provided in this
8    subsection is not an exact multiple of one-tenth of 1
9    percent, it shall be increased or reduced, as the case may
10    be, to the nearer multiple of one-tenth of 1 percent. If
11    such product is equally near to two multiples of one-tenth
12    of 1 percent, it shall be increased to the higher multiple
13    of one-tenth of 1 percent. If such product is less than
14    two-tenths of one percent, it shall be increased to
15    two-tenths of 1 percent, and if greater than 5.3%, it shall
16    be reduced to 5.3%.
17    The contribution rate of each employer for whom wages
18became benefit wages during the applicable period specified in
19Section 1503, but who paid no contributions upon wages for
20insured work during such period on or before the date
21designated in Section 1503, shall be 5.3%.
22    The contribution rate of each employer for whom no wages
23became benefit wages during the applicable period specified in
24Section 1503, and who paid no contributions upon wages for
25insured work during such period on or before the date specified
26in Section 1503, shall be 2.7 percent.

 

 

09700SB0072ham003- 56 -LRB097 05652 WGH 59577 a

1    Notwithstanding the other provisions of this Section, no
2employer's contribution rate with respect to calendar years
31982 and 1983 shall exceed 2.7 percent of the wages for insured
4work paid by him during any calendar quarter, if such wages
5paid during such calendar quarter total less than $50,000.
6    C. The contribution rate for calendar years 1984, 1985 and
71986 of each employer who has incurred liability for the
8payment of contributions within each of the two calendar years
9immediately preceding the calendar year for which a rate is
10being determined shall be the product obtained by multiplying
11the employer's benefit wage ratio for that calendar year by the
12adjusted state experience factor for the same year, provided
13that:
14        1. An employer's minimum contribution rate shall be the
15    greater of: .2%; or, the product obtained by multiplying
16    .2% by the adjusted state experience factor for the
17    applicable calendar year.
18        2. An employer's maximum contribution rate shall be the
19    greater of 5.5% or the product of 5.5% and the adjusted
20    State experience factor for the applicable calendar year
21    except that such maximum contribution rate shall not be
22    higher than 6.3% for calendar year 1984, nor be higher than
23    6.6% or lower than 6.4% for calendar year 1985, nor be
24    higher than 6.7% or lower than 6.5% for calendar year 1986.
25        3. If any product obtained in this subsection is not an
26    exact multiple of one-tenth of one percent, it shall be

 

 

09700SB0072ham003- 57 -LRB097 05652 WGH 59577 a

1    increased or reduced, as the case may be to the nearer
2    multiple of one-tenth of one percent. If such product is
3    equally near to two multiples of one-tenth of one percent,
4    it shall be increased to the higher multiple of one-tenth
5    of one percent.
6        4. Intermediate rates between such minimum and maximum
7    rates shall be at one-tenth of one percent intervals.
8    The contribution rate of each employer for whom wages
9became benefit wages during the applicable period specified in
10Section 1503, but who paid no contributions upon wages for
11insured work during such period on or before the date
12designated in Section 1503, shall be the maximum contribution
13rate as determined by paragraph 2 of this subsection. The
14contribution rate for each employer for whom no wages became
15benefit wages during the applicable period on or before the
16date specified in Section 1503, and who paid no contributions
17upon wages for insured work during such period on or before the
18date specified in Section 1503, shall be the greater of 2.7% or
192.7% times the then current adjusted state experience factor as
20determined by the Director in accordance with the provisions of
21Sections 1504 and 1505.
22    Notwithstanding, the other provisions of this Section, no
23employer's contribution rate with respect to the calendar year
241984 shall exceed 2.7 percent times the then current adjusted
25state experience factor as determined by the Director in
26accordance with the provisions of Sections 1504 and 1505 of the

 

 

09700SB0072ham003- 58 -LRB097 05652 WGH 59577 a

1wages for insured work paid by him during any calendar quarter,
2if such wages paid during such calendar quarter total less than
3$50,000.
4    D. The contribution rate for calendar years 1987, 1988,
51989 and 1990 of each employer who has incurred liability for
6the payment of contributions within each of the three calendar
7years immediately preceding the calendar year for which a rate
8is being determined shall be the product obtained by
9multiplying the employer's benefit wage ratio for that calendar
10year by the adjusted state experience factor for the same year,
11provided, that:
12        1. An employer's minimum contribution rate shall be the
13    greater of .2% or the product obtained by multiplying .2%
14    by the adjusted State experience factor for the applicable
15    calendar year.
16        2. An employer's maximum contribution rate shall be the
17    greater of 5.5% or the product of 5.5% and the adjusted
18    State experience factor for the calendar year 1987 except
19    that such maximum contribution rate shall not be higher
20    than 6.7% or lower than 6.5% and an employer's maximum
21    contribution rate for 1988, 1989 and 1990 shall be the
22    greater of 6.4% or the product of 6.4% and the adjusted
23    State experience factor for the applicable calendar year.
24        3. If any product obtained in this subsection is not an
25    exact multiple of one-tenth of one percent, it shall be
26    increased or reduced, as the case may be to the nearer

 

 

09700SB0072ham003- 59 -LRB097 05652 WGH 59577 a

1    multiple of one-tenth of 1 percent. If such product is
2    equally near to two multiples of one-tenth of 1 percent, it
3    shall be increased to the higher multiple of one-tenth of 1
4    percent.
5        4. Intermediate rates between such minimum and maximum
6    rates shall be at one-tenth of 1 percent intervals.
7    The contribution rate of each employer for whom wages
8became benefit wages during the applicable period specified in
9Section 1503, but who did not report wages for insured work
10during such period, shall be the maximum contribution rate as
11determined by paragraph 2 of this subsection. The contribution
12rate for each employer for whom no wages became benefit wages
13during the applicable period specified in Section 1503, and who
14did not report wages for insured work during such period, shall
15be the greater of 2.7% or 2.7% times the then current adjusted
16State experience factor as determined by the Director in
17accordance with the provisions of Sections 1504 and 1505.
18    E. The contribution rate for calendar year 1991 and each
19calendar year thereafter of each employer who has incurred
20liability for the payment of contributions within each of the
21three calendar years immediately preceding the calendar year
22for which a rate is being determined shall be the product
23obtained by multiplying the employer's benefit ratio defined by
24Section 1503.1 for that calendar year by the adjusted state
25experience factor for the same year, provided that:
26        1. Except as otherwise provided in this paragraph, an

 

 

09700SB0072ham003- 60 -LRB097 05652 WGH 59577 a

1    employer's minimum contribution rate shall be the greater
2    of 0.2% or the product obtained by multiplying 0.2% by the
3    adjusted state experience factor for the applicable
4    calendar year. An employer's minimum contribution rate
5    shall be 0.1% for calendar year 1996. An employer's minimum
6    contribution rate shall be 0.0% for calendar years 2012
7    through 2019.
8        2. An employer's maximum contribution rate shall be the
9    greater of 6.4% or the product of 6.4% and the adjusted
10    state experience factor for the applicable calendar year.
11        3. If any product obtained in this subsection is not an
12    exact multiple of one-tenth of one percent, it shall be
13    increased or reduced, as the case may be to the nearer
14    multiple of one-tenth of one percent. If such product is
15    equally near to two multiples of one-tenth of one percent,
16    it shall be increased to the higher multiple of one-tenth
17    of one percent.
18        4. Intermediate rates between such minimum and maximum
19    rates shall be at one-tenth of one percent intervals.
20    The contribution rate of each employer for whom wages
21became benefit wages during the applicable period specified in
22Section 1503 or for whom benefit payments became benefit
23charges during the applicable period specified in Section
241503.1, but who did not report wages for insured work during
25such period, shall be the maximum contribution rate as
26determined by paragraph 2 of this subsection. The contribution

 

 

09700SB0072ham003- 61 -LRB097 05652 WGH 59577 a

1rate for each employer for whom no wages became benefit wages
2during the applicable period specified in Section 1503 or for
3whom no benefit payments became benefit charges during the
4applicable period specified in Section 1503.1, and who did not
5report wages for insured work during such period, shall be the
6greater of 2.7% or 2.7% times the then current adjusted state
7experience factor as determined by the Director in accordance
8with the provisions of Sections 1504 and 1505.
9    F. Notwithstanding the other provisions of this Section,
10and pursuant to Section 271 of the Tax Equity and Fiscal
11Responsibility Act of 1982, as amended, no employer's
12contribution rate with respect to calendar years 1985, 1986,
131987 and 1988 shall, for any calendar quarter during which the
14wages paid by that employer are less than $50,000, exceed the
15following: with respect to calendar year 1985, 3.7%; with
16respect to calendar year 1986, 4.1%; with respect to calendar
17year 1987, 4.5%; and with respect to calendar year 1988, 5.0%.
18    G. Notwithstanding the other provisions of this Section, no
19employer's contribution rate with respect to calendar year 1989
20and each calendar year thereafter shall exceed 5.4% of the
21wages for insured work paid by him during any calendar quarter,
22if such wages paid during such calendar quarter total less than
23$50,000, plus any applicable penalty contribution rate
24calculated pursuant to subsection C of Section 1507.1.
25(Source: P.A. 94-301, eff. 1-1-06.)
 

 

 

09700SB0072ham003- 62 -LRB097 05652 WGH 59577 a

1    (820 ILCS 405/1506.3)  (from Ch. 48, par. 576.3)
2    Sec. 1506.3. Fund building rates - Temporary
3Administrative Funding.
4    A. Notwithstanding any other provision of this Act, the
5following fund building rates shall be in effect for the
6following calendar years:
7    For each employer whose contribution rate for 1988, 1989,
81990, the first, third, and fourth quarters of 1991, 1992,
91993, 1994, 1995, and 1997 through 2003 would, in the absence
10of this Section, be 0.2% or higher, a contribution rate which
11is the sum of such rate and a fund building rate of 0.4%;
12    For each employer whose contribution rate for the second
13quarter of 1991 would, in the absence of this Section, be 0.2%
14or higher, a contribution rate which is the sum of such rate
15and 0.3%;
16    For each employer whose contribution rate for 1996 would,
17in the absence of this Section, be 0.1% or higher, a
18contribution rate which is the sum of such rate and 0.4%;
19     For each employer whose contribution rate for 2004 through
202009 would, in the absence of this Section, be 0.2% or higher,
21a contribution rate which is the sum of such rate and the
22following: a fund building rate of 0.7% for 2004; a fund
23building rate of 0.9% for 2005; a fund building rate of 0.8%
24for 2006 and 2007; a fund building rate of 0.6% for 2008; a
25fund building rate of 0.4% for 2009.
26    Except as otherwise provided in this Section, for For each

 

 

09700SB0072ham003- 63 -LRB097 05652 WGH 59577 a

1employer whose contribution rate for 2010 and any calendar year
2thereafter is determined pursuant to Section 1500 or 1506.1,
3including but not limited to an employer whose contribution
4rate pursuant to Section 1506.1 is 0.0% would, in the absence
5of this Section, be 0.2% or higher, a contribution rate which
6is the sum of the rate determined pursuant to Section 1500 or
71506.1 such rate and a fund building rate equal to the sum of
8the rate adjustment applicable to that year pursuant to Section
91400.1, plus the fund building rate in effect pursuant to this
10Section for the immediately preceding calendar year.
11    For calendar year 2012 and any outstanding bond year
12thereafter, for each employer whose contribution rate is
13determined pursuant to Section 1500 or 1506.1, including but
14not limited to an employer whose contribution rate pursuant to
15Section 1506.1 is 0.0%, a contribution rate which is the sum of
16the rate determined pursuant to Section 1500 or 1506.1 and
17.55%. For purposes of this subsection, a calendar year is an
18outstanding bond year if, as of October 31 of the immediately
19preceding calendar year, there are bonds outstanding pursuant
20to the Illinois Unemployment Insurance Trust Fund Financing
21Act.
22    Notwithstanding any provision to the contrary, the fund
23building rate in effect for any calendar year after calendar
24year 2009 shall not be less than 0.4% or greater than 0.55%.
25Notwithstanding any other provision to the contrary, the fund
26building rate established pursuant to this Section shall not

 

 

09700SB0072ham003- 64 -LRB097 05652 WGH 59577 a

1apply with respect to the first quarter of calendar year 2011.
2The changes made to Section 235 by this amendatory Act of the
397th General Assembly are intended to offset the loss of
4revenue to the State's account in the unemployment trust fund
5with respect to the first quarter of calendar year 2011 as a
6result of Section 1506.5 and the changes made to this Section
7by this amendatory Act of the 97th General Assembly.
8    Notwithstanding the preceding paragraphs of this Section
9or any other provision of this Act, except for the provisions
10contained in Section 1500 pertaining to rates applicable to
11employers classified under the Standard Industrial Code, or
12another classification system sanctioned by the United States
13Department of Labor and prescribed by the Director by rule, no
14employer whose total wages for insured work paid by him during
15any calendar quarter in 1988 and any calendar year thereafter
16are less than $50,000 shall pay contributions at a rate with
17respect to such quarter which exceeds the following: with
18respect to calendar year 1988, 5%; with respect to 1989 and any
19calendar year thereafter, 5.4%, plus any penalty contribution
20rate calculated pursuant to subsection C of Section 1507.1.
21    Notwithstanding the preceding paragraph of this Section,
22or any other provision of this Act, no employer's contribution
23rate with respect to calendar years 1993 through 1995 shall
24exceed 5.4% if the employer ceased operations at an Illinois
25manufacturing facility in 1991 and remained closed at that
26facility during all of 1992, and the employer in 1993 commits

 

 

09700SB0072ham003- 65 -LRB097 05652 WGH 59577 a

1to invest at least $5,000,000 for the purpose of resuming
2operations at that facility, and the employer rehires during
31993 at least 250 of the individuals employed by it at that
4facility during the one year period prior to the cessation of
5its operations, provided that, within 30 days after the
6effective date of this amendatory Act of 1993, the employer
7makes application to the Department to have the provisions of
8this paragraph apply to it. The immediately preceding sentence
9shall be null and void with respect to an employer which by
10December 31, 1993 has not satisfied the rehiring requirement
11specified by this paragraph or which by December 31, 1994 has
12not made the investment specified by this paragraph.
13     All payments attributable to the fund building rate
14established pursuant to this Section with respect to the first
15fourth quarter of calendar year 2013 2003, the first quarter of
16calendar year 2004 and any calendar quarter thereafter as of
17the close of which there are either bond obligations
18outstanding pursuant to the Illinois Unemployment Insurance
19Trust Fund Financing Act, or bond obligations anticipated to be
20outstanding as of either or both of the 2 immediately
21succeeding calendar quarters, shall be directed for deposit
22into the Master Bond Fund. Notwithstanding any other provision
23of this subsection, no fund building rate shall be added to any
24penalty contribution rate assessed pursuant to subsection C of
25Section 1507.1.
26    B. Notwithstanding any other provision of this Act, for the

 

 

09700SB0072ham003- 66 -LRB097 05652 WGH 59577 a

1second quarter of 1991, the contribution rate of each employer
2as determined in accordance with Sections 1500, 1506.1, and
3subsection A of this Section shall be equal to the sum of such
4rate and 0.1%; provided that this subsection shall not apply to
5any employer whose rate computed under Section 1506.1 for such
6quarter is between 5.1% and 5.3%, inclusive, and who qualifies
7for the 5.4% rate ceiling imposed by the last paragraph of
8subsection A for such quarter. All payments made pursuant to
9this subsection shall be deposited in the Employment Security
10Administrative Fund established under Section 2103.1 and used
11for the administration of this Act.
12    C. Payments received by the Director which are insufficient
13to pay the total contributions due under the Act shall be first
14applied to satisfy the amount due pursuant to subsection B.
15    C-1. Payments received by the Director with respect to the
16first fourth quarter of calendar year 2013 2003, the first
17quarter of calendar year 2004 and any calendar quarter
18thereafter as of the close of which there are either bond
19obligations outstanding pursuant to the Illinois Unemployment
20Insurance Trust Fund Financing Act, or bond obligations
21anticipated to be outstanding as of either or both of the 2
22immediately succeeding calendar quarters, shall, to the extent
23they are insufficient to pay the total amount due under the Act
24with respect to the quarter, be first applied to satisfy the
25amount due with respect to that quarter and attributable to the
26fund building rate established pursuant to this Section.

 

 

09700SB0072ham003- 67 -LRB097 05652 WGH 59577 a

1Notwithstanding any other provision to the contrary, with
2respect to an employer whose contribution rate with respect to
3a quarter subject to this subsection would have exceeded 5.4%
4but for the 5.4% rate ceiling imposed pursuant to subsection A,
5the amount due from the employer with respect to that quarter
6and attributable to the fund building rate established pursuant
7to subsection A shall equal the amount, if any, by which the
8amount due and attributable to the 5.4% rate exceeds the amount
9that would have been due and attributable to the employer's
10rate determined pursuant to Sections 1500 and 1506.1, without
11regard to the fund building rate established pursuant to
12subsection A.
13    D. All provisions of this Act applicable to the collection
14or refund of any contribution due under this Act shall be
15applicable to the collection or refund of amounts due pursuant
16to subsection B and amounts directed pursuant to this Section
17for deposit into the Master Bond Fund to the extent they would
18not otherwise be considered as contributions.
19(Source: P.A. 97-1, eff. 3-31-11.)
 
20    (820 ILCS 405/1506.6 new)
21    Sec. 1506.6. Surcharge; specified period. For each
22employer whose contribution rate for calendar year 2016 or 2018
23is determined pursuant to Section 1500 or 1506.1, including but
24not limited to an employer whose contribution rate pursuant to
25Section 1506.1 is 0.0%, in addition to the contribution rate

 

 

09700SB0072ham003- 68 -LRB097 05652 WGH 59577 a

1established pursuant to Section 1506.3, an additional
2surcharge of 0.3% shall be added to the contribution rate. The
3surcharge established by this Section shall be due at the same
4time as other contributions with respect to the quarter are
5due, as provided in Section 1400. Payments attributable to the
6surcharge established pursuant to this Section shall be
7contributions and deposited into the clearing account.
 
8    (820 ILCS 405/1510)  (from Ch. 48, par. 580)
9    Sec. 1510. Service of notice.
10    Whenever service of notice is required by Sections 1508 and
111509, such notice may be given and be complete by depositing
12the same with the United States Mail, addressed to the employer
13at his last known address. If represented by counsel in the
14proceedings before the Director, then service of notice may be
15made upon such employer by mailing same to such counsel. If
16agreed to by the person or entity entitled to notice, notice
17may be given and completed electronically, in the manner
18prescribed by rule, by posting the notice on a secure web site
19accessible to the person or entity and sending notice of the
20posting to the last known e-mail address of the person or
21entity.
22(Source: Laws 1951, p. 32.)
 
23    (820 ILCS 405/1705)  (from Ch. 48, par. 615)
24    Sec. 1705. Employment offices; State employment service.

 

 

09700SB0072ham003- 69 -LRB097 05652 WGH 59577 a

1The Director shall create as many employment districts and
2establish and maintain as many State employment offices as he
3or she deems necessary to carry out the provisions of this Act.
4In addition to such offices and branches, the Illinois Public
5Employment Offices now in existence and such as may hereafter
6be created pursuant to the provisions of the Public Employment
7Office Act shall also serve as employment offices within the
8purview of this Act. All such offices and agencies so created
9and established, together with the Illinois Public Employment
10offices, shall constitute the State employment service within
11the meaning of this Act. The Department of Employment Security
12and the Director thereof may continue to be the State agency
13for cooperation with the United States Employment Service under
14an Act of Congress entitled "An Act to provide for the
15establishment of a national employment system and for
16cooperation with the States in the promotion of such system,
17and for other purposes," approved June 6, 1933, as amended.
18    The Director may cooperate with or enter into agreements
19with the Railroad Retirement Board with respect to the
20establishment, maintenance, and use of free employment service
21facilities. For the purpose of establishing and maintaining
22free public employment offices, the Director is authorized to
23enter into agreements with the Railroad Retirement Board, or
24any other agency of the United States charged with the
25administration of an unemployment compensation law, or with any
26political subdivision of this State, and as a part of any such

 

 

09700SB0072ham003- 70 -LRB097 05652 WGH 59577 a

1agreement the Director may accept moneys, services, or quarters
2as a contribution, to be treated in the same manner as funds
3received pursuant to Section 2103.
4    Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of the
5general election law of the State, the Director shall make
6unemployment offices available for use as temporary places of
7registration. Registration within the offices shall be in the
8most public, orderly, and convenient portions thereof, and
9Sections 4-3, 5-3, and 11-4 of the general election law
10relative to the attendance of police officers during the
11conduct of registration shall apply. Registration under this
12Section shall be made in the manner provided by Sections 4-8,
134-10, 5-7, 5-9, 6-34, 6-35, and 6-37 of the general election
14law. Employees of the Department in those offices are eligible
15to serve as deputy registrars.
16(Source: P.A. 90-372, eff. 7-1-98.)
 
17    (820 ILCS 405/1801.1)
18    Sec. 1801.1. Directory of New Hires.
19    A. The Director shall establish and operate an automated
20directory of newly hired employees which shall be known as the
21"Illinois Directory of New Hires" which shall contain the
22information required to be reported by employers to the
23Department under subsection B. In the administration of the
24Directory, the Director shall comply with any requirements
25concerning the Employer New Hire Reporting Program established

 

 

09700SB0072ham003- 71 -LRB097 05652 WGH 59577 a

1by the federal Personal Responsibility and Work Opportunity
2Reconciliation Act of 1996. The Director is authorized to use
3the information contained in the Directory of New Hires to
4administer any of the provisions of this Act.
5    B. Each On and after October 1, 1997, each employer in
6Illinois, except a department, agency, or instrumentality of
7the United States, shall file with the Department a report in
8accordance with rules adopted by the Department (but in any
9event not later than 20 days after the date the employer hires
10the employee or, in the case of an employer transmitting
11reports magnetically or electronically, by 2 monthly
12transmissions, if necessary, not less than 12 days nor more
13than 16 days apart) providing the following information
14concerning each newly hired employee: the employee's name,
15address, and social security number, the date services for
16remuneration were first performed by the employee, and the
17employer's name, address, Federal Employer Identification
18Number assigned under Section 6109 of the Internal Revenue Code
19of 1986, and such other information as may be required by
20federal law or regulation, provided that each employer may
21voluntarily file the date of new hire, and the address to which
22the employer wants income withholding orders to be mailed, if
23it is different from the address given on the Federal Employer
24Identification Number. An employer in Illinois which transmits
25its reports electronically or magnetically and which also has
26employees in another state may report all newly hired employees

 

 

09700SB0072ham003- 72 -LRB097 05652 WGH 59577 a

1to a single designated state in which the employer has
2employees if it has so notified the Secretary of the United
3States Department of Health and Human Services in writing. An
4employer may, at its option, submit information regarding any
5rehired employee in the same manner as information is submitted
6regarding a newly hired employee. Each report required under
7this subsection shall, to the extent practicable, be made on an
8Internal Revenue Service Form W-4 or, at the option of the
9employer, an equivalent form, and may be transmitted by first
10class mail, by telefax, magnetically, or electronically.
11    C. An employer which knowingly fails to comply with the
12reporting requirements established by this Section shall be
13subject to a civil penalty of $15 for each individual whom it
14fails to report. An employer shall be considered to have
15knowingly failed to comply with the reporting requirements
16established by this Section with respect to an individual if
17the employer has been notified by the Department that it has
18failed to report an individual, and it fails, without
19reasonable cause, to supply the required information to the
20Department within 21 days after the date of mailing of the
21notice. Any individual who knowingly conspires with the newly
22hired employee to cause the employer to fail to report the
23information required by this Section or who knowingly conspires
24with the newly hired employee to cause the employer to file a
25false or incomplete report shall be guilty of a Class B
26misdemeanor with a fine not to exceed $500 with respect to each

 

 

09700SB0072ham003- 73 -LRB097 05652 WGH 59577 a

1employee with whom the individual so conspires.
2    D. As used in this Section, "newly hired employee" means an
3individual who is an employee within the meaning of Chapter 24
4of the Internal Revenue Code of 1986, and whose reporting to
5work which results in earnings from the employer is the first
6instance within the preceding 180 days that the individual has
7reported for work for which earnings were received from that
8employer; however, "newly hired employee" does not include an
9employee of a federal or State agency performing intelligence
10or counterintelligence functions, if the head of that agency
11has determined that the filing of the report required by this
12Section with respect to the employee could endanger the safety
13of the employee or compromise an ongoing investigation or
14intelligence mission.
15    Notwithstanding Section 205, and for the purposes of this
16Section only, the term "employer" has the meaning given by
17Section 3401(d) of the Internal Revenue Code of 1986 and
18includes any governmental entity and labor organization as
19defined by Section 2(5) of the National Labor Relations Act,
20and includes any entity (also known as a hiring hall) which is
21used by the organization and an employer to carry out the
22requirements described in Section 8(f)(3) of that Act of an
23agreement between the organization and the employer.
24(Source: P.A. 90-425, eff. 8-15-97.)
 
25    (820 ILCS 405/1900)  (from Ch. 48, par. 640)

 

 

09700SB0072ham003- 74 -LRB097 05652 WGH 59577 a

1    Sec. 1900. Disclosure of information.
2    A. Except as provided in this Section, information obtained
3from any individual or employing unit during the administration
4of this Act shall:
5        1. be confidential,
6        2. not be published or open to public inspection,
7        3. not be used in any court in any pending action or
8    proceeding,
9        4. not be admissible in evidence in any action or
10    proceeding other than one arising out of this Act.
11    B. No finding, determination, decision, ruling or order
12(including any finding of fact, statement or conclusion made
13therein) issued pursuant to this Act shall be admissible or
14used in evidence in any action other than one arising out of
15this Act, nor shall it be binding or conclusive except as
16provided in this Act, nor shall it constitute res judicata,
17regardless of whether the actions were between the same or
18related parties or involved the same facts.
19    C. Any officer or employee of this State, any officer or
20employee of any entity authorized to obtain information
21pursuant to this Section, and any agent of this State or of
22such entity who, except with authority of the Director under
23this Section, shall disclose information shall be guilty of a
24Class B misdemeanor and shall be disqualified from holding any
25appointment or employment by the State.
26    D. An individual or his duly authorized agent may be

 

 

09700SB0072ham003- 75 -LRB097 05652 WGH 59577 a

1supplied with information from records only to the extent
2necessary for the proper presentation of his claim for benefits
3or with his existing or prospective rights to benefits.
4Discretion to disclose this information belongs solely to the
5Director and is not subject to a release or waiver by the
6individual. Notwithstanding any other provision to the
7contrary, an individual or his or her duly authorized agent may
8be supplied with a statement of the amount of benefits paid to
9the individual during the 18 months preceding the date of his
10or her request.
11    E. An employing unit may be furnished with information,
12only if deemed by the Director as necessary to enable it to
13fully discharge its obligations or safeguard its rights under
14the Act. Discretion to disclose this information belongs solely
15to the Director and is not subject to a release or waiver by
16the employing unit.
17    F. The Director may furnish any information that he may
18deem proper to any public officer or public agency of this or
19any other State or of the federal government dealing with:
20        1. the administration of relief,
21        2. public assistance,
22        3. unemployment compensation,
23        4. a system of public employment offices,
24        5. wages and hours of employment, or
25        6. a public works program.
26    The Director may make available to the Illinois Workers'

 

 

09700SB0072ham003- 76 -LRB097 05652 WGH 59577 a

1Compensation Commission information regarding employers for
2the purpose of verifying the insurance coverage required under
3the Workers' Compensation Act and Workers' Occupational
4Diseases Act.
5    G. The Director may disclose information submitted by the
6State or any of its political subdivisions, municipal
7corporations, instrumentalities, or school or community
8college districts, except for information which specifically
9identifies an individual claimant.
10    H. The Director shall disclose only that information
11required to be disclosed under Section 303 of the Social
12Security Act, as amended, including:
13        1. any information required to be given the United
14    States Department of Labor under Section 303(a)(6); and
15        2. the making available upon request to any agency of
16    the United States charged with the administration of public
17    works or assistance through public employment, the name,
18    address, ordinary occupation and employment status of each
19    recipient of unemployment compensation, and a statement of
20    such recipient's right to further compensation under such
21    law as required by Section 303(a)(7); and
22        3. records to make available to the Railroad Retirement
23    Board as required by Section 303(c)(1); and
24        4. information that will assure reasonable cooperation
25    with every agency of the United States charged with the
26    administration of any unemployment compensation law as

 

 

09700SB0072ham003- 77 -LRB097 05652 WGH 59577 a

1    required by Section 303(c)(2); and
2        5. information upon request and on a reimbursable basis
3    to the United States Department of Agriculture and to any
4    State food stamp agency concerning any information
5    required to be furnished by Section 303(d); and
6        6. any wage information upon request and on a
7    reimbursable basis to any State or local child support
8    enforcement agency required by Section 303(e); and
9        7. any information required under the income
10    eligibility and verification system as required by Section
11    303(f); and
12        8. information that might be useful in locating an
13    absent parent or that parent's employer, establishing
14    paternity or establishing, modifying, or enforcing child
15    support orders for the purpose of a child support
16    enforcement program under Title IV of the Social Security
17    Act upon the request of and on a reimbursable basis to the
18    public agency administering the Federal Parent Locator
19    Service as required by Section 303(h); and
20        9. information, upon request, to representatives of
21    any federal, State or local governmental public housing
22    agency with respect to individuals who have signed the
23    appropriate consent form approved by the Secretary of
24    Housing and Urban Development and who are applying for or
25    participating in any housing assistance program
26    administered by the United States Department of Housing and

 

 

09700SB0072ham003- 78 -LRB097 05652 WGH 59577 a

1    Urban Development as required by Section 303(i).
2    I. The Director, upon the request of a public agency of
3Illinois, of the federal government or of any other state
4charged with the investigation or enforcement of Section 10-5
5of the Criminal Code of 1961 (or a similar federal law or
6similar law of another State), may furnish the public agency
7information regarding the individual specified in the request
8as to:
9        1. the current or most recent home address of the
10    individual, and
11        2. the names and addresses of the individual's
12    employers.
13    J. Nothing in this Section shall be deemed to interfere
14with the disclosure of certain records as provided for in
15Section 1706 or with the right to make available to the
16Internal Revenue Service of the United States Department of the
17Treasury, or the Department of Revenue of the State of
18Illinois, information obtained under this Act.
19    K. The Department shall make available to the Illinois
20Student Assistance Commission, upon request, information in
21the possession of the Department that may be necessary or
22useful to the Commission in the collection of defaulted or
23delinquent student loans which the Commission administers.
24    L. The Department shall make available to the State
25Employees' Retirement System, the State Universities
26Retirement System, and the Teachers' Retirement System of the

 

 

09700SB0072ham003- 79 -LRB097 05652 WGH 59577 a

1State of Illinois, and the Department of Central Management
2Services, Risk Management Division, upon request, information
3in the possession of the Department that may be necessary or
4useful to the System or the Risk Management Division for the
5purpose of determining whether any recipient of a disability
6benefit from the System or a workers' compensation benefit from
7the Risk Management Division is gainfully employed.
8    M. This Section shall be applicable to the information
9obtained in the administration of the State employment service,
10except that the Director may publish or release general labor
11market information and may furnish information that he may deem
12proper to an individual, public officer or public agency of
13this or any other State or the federal government (in addition
14to those public officers or public agencies specified in this
15Section) as he prescribes by Rule.
16    N. The Director may require such safeguards as he deems
17proper to insure that information disclosed pursuant to this
18Section is used only for the purposes set forth in this
19Section.
20    O. Nothing in this Section prohibits communication with an
21individual or entity through unencrypted e-mail or other
22unencrypted electronic means as long as the communication does
23not contain the individual's or entity's name in combination
24with any one or more of the individual's or entity's social
25security number; driver's license or State identification
26number; account number or credit or debit card number; or any

 

 

09700SB0072ham003- 80 -LRB097 05652 WGH 59577 a

1required security code, access code, or password that would
2permit access to further information pertaining to the
3individual or entity (Blank).
4    P. Within 30 days after the effective date of this
5amendatory Act of 1993 and annually thereafter, the Department
6shall provide to the Department of Financial Institutions a
7list of individuals or entities that, for the most recently
8completed calendar year, report to the Department as paying
9wages to workers. The lists shall be deemed confidential and
10may not be disclosed to any other person.
11    Q. The Director shall make available to an elected federal
12official the name and address of an individual or entity that
13is located within the jurisdiction from which the official was
14elected and that, for the most recently completed calendar
15year, has reported to the Department as paying wages to
16workers, where the information will be used in connection with
17the official duties of the official and the official requests
18the information in writing, specifying the purposes for which
19it will be used. For purposes of this subsection, the use of
20information in connection with the official duties of an
21official does not include use of the information in connection
22with the solicitation of contributions or expenditures, in
23money or in kind, to or on behalf of a candidate for public or
24political office or a political party or with respect to a
25public question, as defined in Section 1-3 of the Election
26Code, or in connection with any commercial solicitation. Any

 

 

09700SB0072ham003- 81 -LRB097 05652 WGH 59577 a

1elected federal official who, in submitting a request for
2information covered by this subsection, knowingly makes a false
3statement or fails to disclose a material fact, with the intent
4to obtain the information for a purpose not authorized by this
5subsection, shall be guilty of a Class B misdemeanor.
6    R. The Director may provide to any State or local child
7support agency, upon request and on a reimbursable basis,
8information that might be useful in locating an absent parent
9or that parent's employer, establishing paternity, or
10establishing, modifying, or enforcing child support orders.
11    S. The Department shall make available to a State's
12Attorney of this State or a State's Attorney's investigator,
13upon request, the current address or, if the current address is
14unavailable, current employer information, if available, of a
15victim of a felony or a witness to a felony or a person against
16whom an arrest warrant is outstanding.
17    T. The Director shall make available to the Department of
18State Police, a county sheriff's office, or a municipal police
19department, upon request, any information concerning the
20current address and place of employment or former places of
21employment of a person who is required to register as a sex
22offender under the Sex Offender Registration Act that may be
23useful in enforcing the registration provisions of that Act.
24(Source: P.A. 96-420, eff. 8-13-09.)
 
25    (820 ILCS 405/2100)  (from Ch. 48, par. 660)

 

 

09700SB0072ham003- 82 -LRB097 05652 WGH 59577 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; all administrative fees collected
19from individuals pursuant to Section 900 or from employing
20units pursuant to Section 2206.1; and all earnings of such
21property or securities and any interest earned upon any such
22moneys shall be paid or turned over to and held by the
23Director, as ex-officio custodian of the clearing account, the
24unemployment trust fund account and the benefit account, and by
25the State Treasurer, as ex-officio custodian of the special
26administrative account, separate and apart from all public

 

 

09700SB0072ham003- 83 -LRB097 05652 WGH 59577 a

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

 

 

09700SB0072ham003- 84 -LRB097 05652 WGH 59577 a

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

 

 

09700SB0072ham003- 85 -LRB097 05652 WGH 59577 a

1the benefit account shall be expended in accordance with
2regulations prescribed by the Director and solely for the
3payment of benefits, refunds of contributions, interest and
4penalties under the provisions of the Act, the payment of
5health insurance in accordance with Section 410 of this Act,
6and the transfer or payment of funds to any Federal or State
7agency pursuant to reciprocal arrangements entered into by the
8Director under the provisions of Section 2700E, except that
9moneys credited to this State's account in the unemployment
10trust fund pursuant to Section 903 of the Federal Social
11Security Act, as amended, shall be used exclusively as provided
12in subsection B. For purposes of this Section only, to the
13extent allowed by applicable legal requirements, the payment of
14benefits includes but is not limited to the payment of
15principal on any bonds issued pursuant to the Illinois
16Unemployment Insurance Trust Fund Financing Act, exclusive of
17any interest or administrative expenses in connection with the
18bonds. The Director shall, from time to time, requisition from
19the unemployment trust fund such amounts, not exceeding the
20amounts standing to the State's account therein, as he deems
21necessary solely for the payment of such benefits, refunds, and
22funds, for a reasonable future period. The Director, as
23ex-officio custodian of the benefit account, which shall be
24kept separate and apart from all other public moneys, shall
25issue payment of such benefits, refunds, health insurance and
26funds solely from the moneys so received into the benefit

 

 

09700SB0072ham003- 86 -LRB097 05652 WGH 59577 a

1account. However, after January 1, 1987, no payment shall be
2drawn on such benefit account unless at the time of drawing
3there is sufficient money in the account to make the payment.
4The Director shall retain in the clearing account an amount of
5interest and penalties equal to the amount of interest and
6penalties to be refunded from the benefit account. After
7clearance thereof, the amount so retained shall be immediately
8deposited by the Director, as are all other moneys in the
9clearing account, with the Secretary of the Treasury of the
10United States. If, at any time, an insufficient amount of
11interest and penalties is available for retention in the
12clearing account, no refund of interest or penalties shall be
13made from the benefit account until a sufficient amount is
14available for retention and is so retained, or until the State
15Treasurer, upon the direction of the Director, transfers to the
16Director a sufficient amount from the special administrative
17account, for immediate deposit in the benefit account.
18    Any balance of moneys requisitioned from the unemployment
19trust fund which remains unclaimed or unpaid in the benefit
20account after the expiration of the period for which such sums
21were requisitioned shall either be deducted from estimates of
22and may be utilized for authorized expenditures during
23succeeding periods, or, in the discretion of the Director,
24shall be redeposited with the Secretary of the Treasury of the
25United States to the credit of the State's account in the
26unemployment trust fund.

 

 

09700SB0072ham003- 87 -LRB097 05652 WGH 59577 a

1    Moneys in the clearing, benefit and special administrative
2accounts shall not be commingled with other State funds but
3they shall be deposited as required by law and maintained in
4separate accounts on the books of a savings and loan
5association or bank.
6    No bank or savings and loan association shall receive
7public funds as permitted by this Section, unless it has
8complied with the requirements established pursuant to Section
96 of "An Act relating to certain investments of public funds by
10public agencies", approved July 23, 1943, as now or hereafter
11amended.
12    B. Moneys credited to the account of this State in the
13unemployment trust fund by the Secretary of the Treasury of the
14United States pursuant to Section 903 of the Social Security
15Act may be requisitioned from this State's account and used as
16authorized by Section 903. Any interest required to be paid on
17advances under Title XII of the Social Security Act shall be
18paid in a timely manner and shall not be paid, directly or
19indirectly, by an equivalent reduction in contributions or
20payments in lieu of contributions from amounts in this State's
21account in the unemployment trust fund. Such moneys may be
22requisitioned and used for the payment of expenses incurred for
23the administration of this Act, but only pursuant to a specific
24appropriation by the General Assembly and only if the expenses
25are incurred and the moneys are requisitioned after the
26enactment of an appropriation law which:

 

 

09700SB0072ham003- 88 -LRB097 05652 WGH 59577 a

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

 

 

09700SB0072ham003- 89 -LRB097 05652 WGH 59577 a

1moneys, as ex-officio custodian thereof, in accordance with the
2requirements of Section 2103 and, upon the direction of the
3Director, shall make payments therefrom pursuant to such
4appropriation. Moneys so deposited shall, until expended,
5remain a part of the unemployment trust fund and, if any will
6not be expended, shall be returned promptly to the account of
7this State in the unemployment trust fund.
8    C. The Governor is authorized to apply to the United States
9Secretary of Labor for an advance or advances to this State's
10account in the unemployment trust fund pursuant to the
11conditions set forth in Title XII of the Federal Social
12Security Act, as amended. The amount of any such advance may be
13repaid from this State's account in the unemployment trust
14fund.
15    D. The Director shall annually on or before the first day
16of March report in writing to the Employment Security Advisory
17Board concerning the deposits into and expenditures from this
18State's account in the Unemployment Trust Fund.
19(Source: P.A. 97-1, eff. 3-31-11.)
 
20    (820 ILCS 405/2203)  (from Ch. 48, par. 683)
21    Sec. 2203. Service of notice-Place of hearing-By whom
22conducted.
23    Whenever service of notice is required by Sections 2200 or
242201, such notice shall be deemed to have been served when
25deposited with the United States certified or registered mail

 

 

09700SB0072ham003- 90 -LRB097 05652 WGH 59577 a

1addressed to the employing unit at its principal place of
2business, or its last known place of business or residence, or
3may be served by any person of full age in the same manner as is
4provided by statute for service of process in civil cases. If
5represented by counsel in the proceedings before the Director,
6then service of notice may be made upon such employing unit by
7mailing same to such counsel. If agreed to by the person or
8entity entitled to notice, notice may be given and completed
9electronically, in the manner prescribed by rule, by posting
10the notice on a secure web site accessible to the person or
11entity and sending notice of the posting to the last known
12e-mail address of the person or entity. All hearings provided
13for in Sections 2200 and 2201 shall be held in the county
14wherein the employing unit has its principal place of business
15in this State, provided that if the employing unit has no
16principal place of business in this State, such hearing may be
17held in Cook County, provided, further, that such hearing may
18be held in any county designated by the Director if the
19petitioning employing unit shall consent thereto. The hearings
20shall be conducted by the Director or by any full-time employee
21of the Director, selected in accordance with the provisions of
22the "Personnel Code" enacted by the Sixty-Ninth General
23Assembly, by him designated. Such representative so designated
24by the Director shall have all powers given the Director by
25Sections 1000, 1002, and 1003 of this Act.
26(Source: Laws 1957, p. 2667.)
 

 

 

09700SB0072ham003- 91 -LRB097 05652 WGH 59577 a

1    (820 ILCS 405/2206.1)  (from Ch. 48, par. 686.1)
2    Sec. 2206.1. In addition to the remedies provided by this
3Act, when an employing unit defaults in any payment or
4contribution required to be made to the State under the
5provisions of this Act, the Director may request the
6Comptroller to withhold the amount due in accordance with the
7provisions of Section 10.05 of the State Comptroller Act and
8the Director may request the Secretary of the Treasury to
9withhold the amount due to the extent allowed by and in
10accordance with Section 6402(f) of the federal Internal Revenue
11Code of 1986, as amended. Where the Director requests
12withholding by the Secretary of the Treasury pursuant to this
13Section, in addition to the amount of the payment otherwise
14owed by the employing unit, the employing unit shall be liable
15for any legally authorized administrative fee assessed by the
16Secretary, with such fee to be added to the amount to be
17withheld by the Secretary.
18(Source: P.A. 83-1.)
 
19    (820 ILCS 405/2405 new)
20    Sec. 2405. Process; failure to file reports or make
21payments. The process available to the Department of Revenue
22pursuant to Section 3-7 of the Uniform Penalty and Interest Act
23with respect to an unpaid trust tax, interest, or penalties
24shall be available to the Department of Employment Security

 

 

09700SB0072ham003- 92 -LRB097 05652 WGH 59577 a

1with respect to unpaid contributions, payments in lieu of
2contributions, penalties, and interest due pursuant to this Act
3where any officer or employee of the employer who has the
4control, supervision, or responsibility of filing wage or
5contribution reports and making payment of contributions or
6payments in lieu of contributions pursuant to this Act
7willfully fails to file the report or make the payment or
8willfully attempts in any other manner to evade or defeat a
9liability pursuant to this Act. For purposes of this Section,
10references to the Department or Director of Revenue in Section
113-7 of the Uniform Penalty and Interest Act shall be deemed to
12be references to the Department or Director of Employment
13Security. Procedures for protest and review of a notice of
14penalty liability under this Section shall be the same as those
15prescribed for protest and review of a determination and
16assessment under Section 2200.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".