Rep. Frank J. Mautino

Filed: 11/7/2011

 

 


 

 


 
09700SB0072ham004LRB097 05652 WGH 59578 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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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1include only the remuneration paid to an individual by an
2employer during that period with respect to employment which
3does not exceed $13,560. Except as otherwise provided in
4subsection A-1, with respect to calendar year 2013, the term
5"wages" shall include only the remuneration paid to an
6individual by an employer during that period with respect to
7employment which does not exceed $12,900. With respect to the
8calendar years 2014 through 2019, the term "wages" shall
9include only the remuneration paid to an individual by an
10employer during that period with respect to employment which
11does not exceed $12,960. Notwithstanding any provision to the
12contrary, the maximum amount includable as "wages" pursuant to
13this Section shall not be less than $12,300 or greater than
14$12,960 with respect to any calendar year after calendar year
152009 except calendar year 2012 and except as otherwise provided
16in subsection A-1.
17    The remuneration paid to an individual by an employer with
18respect to employment in another State or States, upon which
19contributions were required of such employer under an
20unemployment compensation law of such other State or States,
21shall be included as a part of the remuneration herein referred
22to. For the purposes of this subsection, any employing unit
23which succeeds to the organization, trade, or business, or to
24substantially all of the assets of another employing unit, or
25to the organization, trade, or business, or to substantially
26all of the assets of a distinct severable portion of another

 

 

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1employing unit, shall be treated as a single unit with its
2predecessor for the calendar year in which such succession
3occurs; any employing unit which is owned or controlled by the
4same interests which own or control another employing unit
5shall be treated as a single unit with the unit so owned or
6controlled by such interests for any calendar year throughout
7which such ownership or control exists; and, with respect to
8any trade or business transfer subject to subsection A of
9Section 1507.1, a transferee, as defined in subsection G of
10Section 1507.1, shall be treated as a single unit with the
11transferor, as defined in subsection G of Section 1507.1, for
12the calendar year in which the transfer occurs. This subsection
13applies only to Sections 1400, 1405A, and 1500.
14    A-1. If, by March 1, 2013, the payments attributable to the
15changes to subsection A by this or any subsequent amendatory
16Act of the 97th General Assembly do not equal or exceed the
17loss to this State's account in the unemployment trust fund as
18a result of Section 1506.5 and the changes made to Section
191506.3 by this or any subsequent amendatory Act of the 97th
20General Assembly, including unrealized interest, then, with
21respect to calendar year 2013, the term "wages" shall include
22only the remuneration paid to an individual by an employer
23during that period with respect to employment which does not
24exceed $13,560. For purposes of subsection A, if the maximum
25amount includable as "wages" with respect to calendar year 2013
26is $13,560, the maximum amount includable as "wages" with

 

 

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1respect to calendar year 2014 shall be calculated as though the
2maximum amount includable as "wages" with respect to calendar
3year 2013 had been calculated pursuant to subsection A, without
4regard to this Section.
5    B. The amount of any payment (including any amount paid by
6an employer for insurance or annuities, or into a fund, to
7provide for any such payment), made to, or on behalf of, an
8individual or any of his dependents under a plan or system
9established by an employer which makes provision generally for
10individuals performing services for him (or for such
11individuals generally and their dependents) or for a class or
12classes of such individuals (or for a class or classes of such
13individuals and their dependents), on account of (1) sickness
14or accident disability (except those sickness or accident
15disability payments which would be includable as "wages" in
16Section 3306(b)(2)(A) of the Federal Internal Revenue Code of
171954, in effect on January 1, 1985, such includable payments to
18be attributable in such manner as provided by Section 3306(b)
19of the Federal Internal Revenue Code of 1954, in effect on
20January 1, 1985), or (2) medical or hospitalization expenses in
21connection with sickness or accident disability, or (3) death.
22    C. Any payment made to, or on behalf of, an employee or his
23beneficiary which would be excluded from "wages" by
24subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
253306(b)(5) of the Federal Internal Revenue Code of 1954, in
26effect on January 1, 1985.

 

 

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1    D. The amount of any payment on account of sickness or
2accident disability, or medical or hospitalization expenses in
3connection with sickness or accident disability, made by an
4employer to, or on behalf of, an individual performing services
5for him after the expiration of six calendar months following
6the last calendar month in which the individual performed
7services for such employer.
8    E. Remuneration paid in any medium other than cash by an
9employing unit to an individual for service in agricultural
10labor as defined in Section 214.
11    F. The amount of any supplemental payment made by an
12employer to an individual performing services for him, other
13than remuneration for services performed, under a shared work
14plan approved by the Director pursuant to Section 407.1.
15(Source: P.A. 97-1, eff. 3-31-11.)
 
16    (820 ILCS 405/401)  (from Ch. 48, par. 401)
17    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
18    A. With respect to any week beginning prior to April 24,
191983, an individual's weekly benefit amount shall be an amount
20equal to the weekly benefit amount as defined in this Act as in
21effect on November 30, 1982.
22    B. 1. With respect to any week beginning on or after April
2324, 1983 and before January 3, 1988, an individual's weekly
24benefit amount shall be 48% of his prior average weekly wage,
25rounded (if not already a multiple of one dollar) to the next

 

 

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1higher dollar; provided, however, that the weekly benefit
2amount cannot exceed the maximum weekly benefit amount, and
3cannot be less than 15% of the statewide average weekly wage,
4rounded (if not already a multiple of one dollar) to the next
5higher dollar. However, the weekly benefit amount for an
6individual who has established a benefit year beginning before
7April 24, 1983, shall be determined, for weeks beginning on or
8after April 24, 1983 claimed with respect to that benefit year,
9as provided under this Act as in effect on November 30, 1982.
10With respect to any week beginning on or after January 3, 1988
11and before January 1, 1993, an individual's weekly benefit
12amount shall be 49% of his prior average weekly wage, rounded
13(if not already a multiple of one dollar) to the next higher
14dollar; provided, however, that the weekly benefit amount
15cannot exceed the maximum weekly benefit amount, and cannot be
16less than $51. With respect to any week beginning on or after
17January 3, 1993 and during a benefit year beginning before
18January 4, 2004, an individual's weekly benefit amount shall be
1949.5% of his prior average weekly wage, rounded (if not already
20a multiple of one dollar) to the next higher dollar; provided,
21however, that the weekly benefit amount cannot exceed the
22maximum weekly benefit amount and cannot be less than $51. With
23respect to any benefit year beginning on or after January 4,
242004 and before January 6, 2008, an individual's weekly benefit
25amount shall be 48% of his or her prior average weekly wage,
26rounded (if not already a multiple of one dollar) to the next

 

 

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1higher dollar; provided, however, that the weekly benefit
2amount cannot exceed the maximum weekly benefit amount and
3cannot be less than $51. Except as otherwise provided in this
4Section, with With respect to any benefit year beginning on or
5after January 6, 2008, an individual's weekly benefit amount
6shall be 47% of his or her prior average weekly wage, rounded
7(if not already a multiple of one dollar) to the next higher
8dollar; provided, however, that the weekly benefit amount
9cannot exceed the maximum weekly benefit amount and cannot be
10less than $51. With respect to any benefit year beginning in
11calendar year 2016, an individual's weekly benefit amount shall
12be 42.8% of his or her prior average weekly wage, rounded (if
13not already a multiple of one dollar) to the next higher
14dollar; provided, however, that the weekly benefit amount
15cannot exceed the maximum weekly benefit amount and cannot be
16less than $51. With respect to any benefit year beginning in
17calendar year 2018, an individual's weekly benefit amount shall
18be 42.9% of his or her prior average weekly wage, rounded (if
19not already a multiple of one dollar) to the next higher
20dollar; provided, however, that the weekly benefit amount
21cannot exceed the maximum weekly benefit amount and cannot be
22less than $51.
23    2. For the purposes of this subsection:
24    With respect to any week beginning on or after April 24,
251983, an individual's "prior average weekly wage" means the
26total wages for insured work paid to that individual during the

 

 

09700SB0072ham004- 23 -LRB097 05652 WGH 59578 a

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

 

 

09700SB0072ham004- 24 -LRB097 05652 WGH 59578 a

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

 

 

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1obtained by dividing the statewide average annual wage by 52,
2rounded (if not already a multiple of one cent) to the nearest
3cent. Notwithstanding any provisions of this Section to the
4contrary, the statewide average weekly wage for the benefit
5period beginning July 1, 1982 and ending December 31, 1982
6shall be the statewide average weekly wage in effect for the
7immediately preceding benefit period plus one-half of the
8result obtained by subtracting the statewide average weekly
9wage for the immediately preceding benefit period from the
10statewide average weekly wage for the benefit period beginning
11July 1, 1982 and ending December 31, 1982 as such statewide
12average weekly wage would have been determined but for the
13provisions of this paragraph. Notwithstanding any provisions
14of this Section to the contrary, the statewide average weekly
15wage for the benefit period beginning April 24, 1983 and ending
16January 31, 1984 shall be $321 and for the benefit period
17beginning February 1, 1984 and ending December 31, 1986 shall
18be $335, and for the benefit period beginning January 1, 1987,
19and ending December 31, 1987, shall be $350, except that for an
20individual who has established a benefit year beginning before
21April 24, 1983, the statewide average weekly wage used in
22determining benefits, for any week beginning on or after April
2324, 1983, claimed with respect to that benefit year, shall be
24$334.80, except that, for the purpose of determining the
25minimum weekly benefit amount under subsection B(1) for the
26benefit period beginning January 1, 1987, and ending December

 

 

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131, 1987, the statewide average weekly wage shall be $335; for
2the benefit periods January 1, 1988 through December 31, 1988,
3January 1, 1989 through December 31, 1989, and January 1, 1990
4through December 31, 1990, the statewide average weekly wage
5shall be $359, $381, and $406, respectively. Notwithstanding
6the preceding sentences of this paragraph, for the benefit
7period of calendar year 1991, the statewide average weekly wage
8shall be $406 plus (or minus) an amount equal to the percentage
9change in the statewide average weekly wage, as computed in
10accordance with the preceding sentences of this paragraph,
11between the benefit periods of calendar years 1989 and 1990,
12multiplied by $406; and, for the benefit periods of calendar
13years 1992 through 2003 and calendar year 2005 and each
14calendar year thereafter, the statewide average weekly wage,
15shall be the statewide average weekly wage, as determined in
16accordance with this sentence, for the immediately preceding
17benefit period plus (or minus) an amount equal to the
18percentage change in the statewide average weekly wage, as
19computed in accordance with the preceding sentences of this
20paragraph, between the 2 immediately preceding benefit
21periods, multiplied by the statewide average weekly wage, as
22determined in accordance with this sentence, for the
23immediately preceding benefit period. However, for purposes of
24the Workers' Compensation Act, the statewide average weekly
25wage will be computed using June 1 and December 1 determination
26dates of each calendar year and such determination shall not be

 

 

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1subject to the limitation of $321, $335, $350, $359, $381, $406
2or the statewide average weekly wage as computed in accordance
3with the preceding sentence of this paragraph.
4    With respect to any week beginning on or after April 24,
51983 and before January 3, 1988, "maximum weekly benefit
6amount" means 48% of the statewide average weekly wage, rounded
7(if not already a multiple of one dollar) to the nearest
8dollar, provided however, that the maximum weekly benefit
9amount for an individual who has established a benefit year
10beginning before April 24, 1983, shall be determined, for weeks
11beginning on or after April 24, 1983 claimed with respect to
12that benefit year, as provided under this Act as amended and in
13effect on November 30, 1982, except that the statewide average
14weekly wage used in such determination shall be $334.80.
15    With respect to any week beginning after January 2, 1988
16and before January 1, 1993, "maximum weekly benefit amount"
17with respect to each week beginning within a benefit period
18means 49% of the statewide average weekly wage, rounded (if not
19already a multiple of one dollar) to the next higher dollar.
20    With respect to any week beginning on or after January 3,
211993 and during a benefit year beginning before January 4,
222004, "maximum weekly benefit amount" with respect to each week
23beginning within a benefit period means 49.5% 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

 

 

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1January 4, 2004 and before January 6, 2008, "maximum weekly
2benefit amount" with respect to each week beginning within a
3benefit period means 48% of the statewide average weekly wage,
4rounded (if not already a multiple of one dollar) to the next
5higher dollar.
6    Except as otherwise provided in this Section, with With
7respect to any benefit year beginning on or after January 6,
82008, "maximum weekly benefit amount" with respect to each week
9beginning within a benefit period means 47% of the statewide
10average weekly wage, rounded (if not already a multiple of one
11dollar) to the next higher dollar.
12    With respect to any benefit year beginning in calendar year
132016, "maximum weekly benefit amount" with respect to each week
14beginning within a benefit period means 42.8% of the statewide
15average weekly wage, rounded (if not already a multiple of one
16dollar) to the next higher dollar.
17    With respect to any benefit year beginning in calendar year
182018, "maximum weekly benefit amount" with respect to each week
19beginning within a benefit period means 42.9% of the statewide
20average weekly wage, rounded (if not already a multiple of one
21dollar) to the next higher dollar.
22    C. With respect to any week beginning on or after April 24,
231983 and before January 3, 1988, an individual to whom benefits
24are payable with respect to any week shall, in addition to such
25benefits, be paid, with respect to such week, as follows: in
26the case of an individual with a nonworking spouse, 7% of his

 

 

09700SB0072ham004- 29 -LRB097 05652 WGH 59578 a

1prior average weekly wage, rounded (if not already a multiple
2of one dollar) to the higher dollar; provided, that the total
3amount payable to the individual with respect to a week shall
4not exceed 55% of the statewide average weekly wage, rounded
5(if not already a multiple of one dollar) to the nearest
6dollar; and in the case of an individual with a dependent child
7or dependent children, 14.4% of his prior average weekly wage,
8rounded (if not already a multiple of one dollar) to the higher
9dollar; provided, that the total amount payable to the
10individual with respect to a week shall not exceed 62.4% of the
11statewide average weekly wage, rounded (if not already a
12multiple of one dollar) to the next higher dollar with respect
13to the benefit period beginning January 1, 1987 and ending
14December 31, 1987, and otherwise to the nearest dollar.
15However, for an individual with a nonworking spouse or with a
16dependent child or children who has established a benefit year
17beginning before April 24, 1983, the amount of additional
18benefits payable on account of the nonworking spouse or
19dependent child or children shall be determined, for weeks
20beginning on or after April 24, 1983 claimed with respect to
21that benefit year, as provided under this Act as in effect on
22November 30, 1982, except that the statewide average weekly
23wage used in such determination shall be $334.80.
24    With respect to any week beginning on or after January 2,
251988 and before January 1, 1991 and any week beginning on or
26after January 1, 1992, and before January 1, 1993, an

 

 

09700SB0072ham004- 30 -LRB097 05652 WGH 59578 a

1individual to whom benefits are payable with respect to any
2week shall, in addition to those benefits, be paid, with
3respect to such week, as follows: in the case of an individual
4with a nonworking spouse, 8% of his 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 57% of the
8statewide average weekly wage, rounded (if not already a
9multiple of one dollar) to the next higher dollar; and in the
10case of an individual with a dependent child or dependent
11children, 15% of his prior average weekly wage, rounded (if not
12already a multiple of one dollar) to the next higher dollar,
13provided that the total amount payable to the individual with
14respect to a week shall not exceed 64% of the statewide average
15weekly wage, rounded (if not already a multiple of one dollar)
16to the next higher dollar.
17    With respect to any week beginning on or after January 1,
181991 and before January 1, 1992, an individual to whom benefits
19are payable with respect to any week shall, in addition to the
20benefits, be paid, with respect to such week, as follows: in
21the case of an individual with a nonworking spouse, 8.3% of his
22prior average weekly wage, rounded (if not already a multiple
23of one dollar) to the next higher dollar, provided, that the
24total amount payable to the individual with respect to a week
25shall not exceed 57.3% of the statewide average weekly wage,
26rounded (if not already a multiple of one dollar) to the next

 

 

09700SB0072ham004- 31 -LRB097 05652 WGH 59578 a

1higher dollar; and in the case of an individual with a
2dependent child or dependent children, 15.3% of his prior
3average weekly wage, rounded (if not already a multiple of one
4dollar) to the next higher dollar, provided that the total
5amount payable to the individual with respect to a week shall
6not exceed 64.3% of the statewide average weekly wage, rounded
7(if not already a multiple of one dollar) to the next higher
8dollar.
9    With respect to any week beginning on or after January 3,
101993, during a benefit year beginning before January 4, 2004,
11an individual to whom benefits are payable with respect to any
12week 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, 9% of his prior average weekly wage,
15rounded (if not already a multiple of one dollar) to the next
16higher dollar, provided, that the total amount payable to the
17individual with respect to a week shall not exceed 58.5% of the
18statewide average weekly wage, rounded (if not already a
19multiple of one dollar) to the next higher dollar; and in the
20case of an individual with a dependent child or dependent
21children, 16% of his prior average weekly wage, rounded (if not
22already a multiple of one dollar) to the next higher dollar,
23provided that the total amount payable to the individual with
24respect to a week shall not exceed 65.5% of the statewide
25average weekly wage, rounded (if not already a multiple of one
26dollar) to the next higher dollar.

 

 

09700SB0072ham004- 32 -LRB097 05652 WGH 59578 a

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

 

 

09700SB0072ham004- 33 -LRB097 05652 WGH 59578 a

1individual with respect to a week shall not exceed 56% of the
2statewide average weekly wage, rounded (if not already a
3multiple of one dollar) to the next higher dollar; and in the
4case of an individual with a dependent child or dependent
5children, 18.2% of his or her prior average weekly wage,
6rounded (if not already a multiple of one dollar) to the next
7higher dollar, provided that the total amount payable to the
8individual with respect to a week shall not exceed 65.2% of the
9statewide average weekly wage, rounded (if not already a
10multiple of one dollar) to the next higher dollar.
11    The additional amount paid pursuant to this subsection in
12the case of an individual with a dependent child or dependent
13children shall be referred to as the "dependent child
14allowance", and the percentage rate by which an individual's
15prior average weekly wage is multiplied pursuant to this
16subsection to calculate the dependent child allowance shall be
17referred to as the "dependent child allowance rate".
18    Except as otherwise provided in this Section, with With
19respect to any benefit year beginning on or after January 1,
202010, an individual to whom benefits are payable with respect
21to any week shall, in addition to those benefits, be paid, with
22respect to such week, as follows: in the case of an individual
23with a nonworking spouse, the greater of (i) 9% of his or her
24prior average weekly wage, rounded (if not already a multiple
25of one dollar) to the next higher dollar, or (ii) $15, provided
26that the total amount payable to the individual with respect to

 

 

09700SB0072ham004- 34 -LRB097 05652 WGH 59578 a

1a week shall not exceed 56% of the statewide average weekly
2wage, rounded (if not already a multiple of one dollar) to the
3next higher dollar; and in the case of an individual with a
4dependent child or dependent children, the greater of (i) the
5product of the dependent child allowance rate multiplied by his
6or her prior average weekly wage, rounded (if not already a
7multiple of one dollar) to the next higher dollar, or (ii) the
8lesser of $50 or 50% of his or her weekly benefit amount,
9rounded (if not already a multiple of one dollar) to the next
10higher dollar, provided that the total amount payable to the
11individual with respect to a week shall not exceed the product
12of the statewide average weekly wage multiplied by the sum of
1347% plus the dependent child allowance rate, rounded (if not
14already a multiple of one dollar) to the next higher dollar.
15    With respect to any benefit year beginning in calendar year
162016, an individual to whom benefits are payable with respect
17to any week shall, in addition to those benefits, be paid, with
18respect to such week, as follows: in the case of an individual
19with a nonworking spouse, the greater of (i) 9% of his or her
20prior average weekly wage, rounded (if not already a multiple
21of one dollar) to the next higher dollar, or (ii) $15, provided
22that the total amount payable to the individual with respect to
23a week shall not exceed 51.8% of the statewide average weekly
24wage, rounded (if not already a multiple of one dollar) to the
25next higher dollar; and in the case of an individual with a
26dependent child or dependent children, the greater of (i) the

 

 

09700SB0072ham004- 35 -LRB097 05652 WGH 59578 a

1product of the dependent child allowance rate multiplied by his
2or her prior average weekly wage, rounded (if not already a
3multiple of one dollar) to the next higher dollar, or (ii) the
4lesser of $50 or 50% of his or her weekly benefit amount,
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 the product
8of the statewide average weekly wage multiplied by the sum of
942.8% plus the dependent child allowance rate, rounded (if not
10already a multiple of one dollar) to the next higher dollar.
11    With respect to any benefit year beginning in calendar year
122018, an individual to whom benefits are payable with respect
13to any week shall, in addition to those benefits, be paid, with
14respect to such week, as follows: in the case of an individual
15with a nonworking spouse, the greater of (i) 9% of his or her
16prior average weekly wage, rounded (if not already a multiple
17of one dollar) to the next higher dollar, or (ii) $15, provided
18that the total amount payable to the individual with respect to
19a week shall not exceed 51.9% of the statewide average weekly
20wage, rounded (if not already a multiple of one dollar) to the
21next higher dollar; and in the case of an individual with a
22dependent child or dependent children, the greater of (i) the
23product of the dependent child allowance rate multiplied by his
24or her prior average weekly wage, rounded (if not already a
25multiple of one dollar) to the next higher dollar, or (ii) the
26lesser of $50 or 50% of his or her weekly benefit amount,

 

 

09700SB0072ham004- 36 -LRB097 05652 WGH 59578 a

1rounded (if not already a multiple of one dollar) to the next
2higher dollar, provided that the total amount payable to the
3individual with respect to a week shall not exceed the product
4of the statewide average weekly wage multiplied by the sum of
542.9% plus the dependent child allowance rate, rounded (if not
6already a multiple of one dollar) to the next higher dollar.
7    With respect to each benefit year beginning after calendar
8year 2009, the dependent child allowance rate shall be the sum
9of the allowance adjustment applicable pursuant to Section
101400.1 to the calendar year in which the benefit year begins,
11plus the dependent child allowance rate with respect to each
12benefit year beginning in the immediately preceding calendar
13year, except as otherwise provided in this subsection. The
14dependent child allowance rate with respect to each benefit
15year beginning in calendar year 2010 shall not be greater than
1618.2%. The dependent child allowance rate with respect to each
17benefit year beginning in calendar year 2011 shall be reduced
18by 0.2% absolute below the rate it would otherwise have been
19pursuant to this subsection and, with respect to each benefit
20year beginning after calendar year 2010, except as otherwise
21provided, shall not be less than 17.1% or greater than 18.0%.
22Unless, as a result of this sentence, the agreement between the
23Federal Government and State regarding the Federal Additional
24Compensation program established under Section 2002 of the
25American Recovery and Reinvestment Act, or a successor program,
26would not apply or would cease to apply, the dependent child

 

 

09700SB0072ham004- 37 -LRB097 05652 WGH 59578 a

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

 

 

09700SB0072ham004- 38 -LRB097 05652 WGH 59578 a

1child of the other parent, and no other person shall be
2determined to be a child of such other parent, during the
3remainder of that benefit year.
4    "Nonworking spouse" means the lawful husband or wife of an
5individual claiming benefits under this Act, for whom more than
6one-half the cost of support has been supplied by the
7individual for at least 90 consecutive days (or for the
8duration of the marital relationship if it has existed for less
9than 90 days) immediately preceding any week with respect to
10which the individual has filed a claim, but only if the
11nonworking spouse is currently ineligible to receive benefits
12under this Act by reason of the provisions of Section 500E.
13    An individual who was obligated by law to provide for the
14support of a child or of a nonworking spouse for the aforesaid
15period of 90 consecutive days, but was prevented by illness or
16injury from doing so, shall be deemed to have provided more
17than one-half the cost of supporting the child or nonworking
18spouse for that period.
19(Source: P.A. 96-30, eff. 6-30-09.)
 
20    (820 ILCS 405/403)  (from Ch. 48, par. 403)
21    Sec. 403. Maximum total amount of benefits.)
22    A. With respect to any benefit year beginning prior to
23September 30, 1979, any otherwise eligible individual shall be
24entitled, during such benefit year, to a maximum total amount
25of benefits as shall be determined in the manner set forth in

 

 

09700SB0072ham004- 39 -LRB097 05652 WGH 59578 a

1this Act as amended and in effect on November 9, 1977.
2    B. With respect to any benefit year beginning on or after
3September 30, 1979, except as otherwise provided in this
4Section, any otherwise eligible individual shall be entitled,
5during such benefit year, to a maximum total amount of benefits
6equal to 26 times his or her weekly benefit amount plus
7dependents' allowances, or to the total wages for insured work
8paid to such individual during the individual's base period,
9whichever amount is smaller. With respect to any benefit year
10beginning in calendar year 2012, any otherwise eligible
11individual shall be entitled, during such benefit year, to a
12maximum total amount of benefits equal to 25 times his or her
13weekly benefit amount plus dependents' allowances, or to the
14total wages for insured work paid to such individual during the
15individual's base period, whichever amount is smaller. If the
16maximum amount includable as "wages" pursuant to Section 235 is
17$13,560 with respect to calendar year 2013, then, with respect
18to any benefit year beginning after March 31, 2013 and before
19April 1, 2014, any otherwise eligible individual shall be
20entitled, during such benefit year, to a maximum total amount
21of benefits equal to 25 times his or her weekly benefit amount
22plus dependents allowances, or to the total wages for insured
23work paid to such individual during the individual's base
24period, whichever amount is smaller. With respect to any
25benefit year beginning in calendar year 2016 or 2018, any
26otherwise eligible individual shall be entitled, during such

 

 

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1benefit year, to a maximum total amount of benefits equal to 24
2times his or her weekly benefit amount plus dependents'
3allowances, or to the total wages for insured work paid to such
4individual during the individual's base period, whichever
5amount is smaller.
6(Source: P.A. 97-1, eff. 3-31-11.)
 
7    (820 ILCS 405/611.1 new)
8    Sec. 611.1. Social Security Retirement Pay Task Force.
9    (a) The Social Security Retirement Pay Task Force is hereby
10created within the Department. The Task Force shall consist of
1113 members. The following members shall be appointed within 60
12days after the effective date of this amendatory Act of the
1397th General Assembly: 2 members appointed by the President of
14the Senate; 2 members appointed by the Senate Minority Leader;
152 members appointed by the Speaker of the House of
16Representatives; 2 members appointed by the House Minority
17Leader; 2 members appointed by the Governor; and the Director,
18who shall serve as ex officio chairman and who shall appoint
19one additional member who shall be a representative citizen
20chosen from the employee class and one additional member who
21shall be a representative citizen chosen from the employing
22class. All members shall be voting members. Members shall serve
23without compensation, but may be reimbursed for expenses
24associated with the Task Force. The Task Force shall begin to
25conduct business upon the appointment of all members. For

 

 

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

 

 

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1other resources from registered not-for-profit organizations
2that may be necessary to complete the work of the Task Force.
3The Task Force shall report its findings and recommendations to
4the Governor and the General Assembly no later than December
531, 2012, and shall be dissolved upon submission of the report.
 
6    (820 ILCS 405/702)  (from Ch. 48, par. 452)
7    Sec. 702. Determinations. The claims adjudicator shall for
8each week with respect to which the claimant claims benefits or
9waiting period credit, make a "determination" which shall state
10whether or not the claimant is eligible for such benefits or
11waiting period credit and the sum to be paid the claimant with
12respect to such week. The claims adjudicator shall promptly
13notify the claimant and such employing unit as shall, within
14the time and in the manner prescribed by the Director, have
15filed a sufficient allegation that the claimant is ineligible
16to receive benefits or waiting period credit for said week, of
17his "determination" and the reasons therefor. The Director may,
18by rule adopted with the advice and aid of the Employment
19Security Advisory Board, require that an employing unit with 50
20or more individuals in its employ during the prior calendar
21year, or an entity representing 5 or more employing units
22during the prior calendar year, file an allegation of
23ineligibility electronically in a manner prescribed by the
24Director. In making his "determination," the claims
25adjudicator shall give consideration to the information, if

 

 

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

 

 

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1is further appealed.
2    Whenever the giving of notice is required by Sections 701,
3702, 703, 801, 803, 805, and 900, it may be given and be
4completed by mailing the same to the last known address of the
5person entitled thereto. If agreed to by the person or entity
6entitled to notice, notice may be given and completed
7electronically, in the manner prescribed by rule, by posting
8the notice on a secure web site accessible to the person or
9entity and sending notice of the posting to the last known
10e-mail address of the person or entity.
11(Source: Laws 1955, p. 744.)
 
12    (820 ILCS 405/900)  (from Ch. 48, par. 490)
13    Sec. 900. Recoupment.) A. Whenever an individual has
14received any sum as benefits for which he is found to have been
15ineligible, the amount thereof may be recovered by suit in the
16name of the People of the State of Illinois, or, from benefits
17payable to him, may be recouped:
18    1. At any time, if, to receive such sum, he knowingly made
19a false statement or knowingly failed to disclose a material
20fact.
21    2. Within 3 years from any date prior to January 1, 1984,
22on which he has been found to have been ineligible for any
23other reason, pursuant to a reconsidered finding or a
24reconsidered determination, or pursuant to the decision of a
25Referee (or of the Director or his representative under Section

 

 

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1604) which modifies or sets aside a finding or a reconsidered
2finding or a determination or a reconsidered determination; or
3within 5 years from any date after December 31, 1983, on which
4he has been found to have been ineligible for any other reason,
5pursuant to a reconsidered finding or a reconsidered
6determination, or pursuant to the decision of a Referee (or of
7the Director or his representative under Section 604) which
8modifies or sets aside a finding or a reconsidered finding or a
9determination or a reconsidered determination. Recoupment
10pursuant to the provisions of this paragraph from benefits
11payable to an individual for any week may be waived upon the
12individual's request, if the sum referred to in paragraph A was
13received by the individual without fault on his part and if
14such recoupment would be against equity and good conscience.
15Such waiver may be denied with respect to any subsequent week
16if, in that week, the facts and circumstances upon which waiver
17was based no longer exist.
18    B. Whenever the claims adjudicator referred to in Section
19702 decides that any sum received by a claimant as benefits
20shall be recouped, or denies recoupment waiver requested by the
21claimant, he shall promptly notify the claimant of his decision
22and the reasons therefor. The decision and the notice thereof
23shall state the amount to be recouped, the weeks with respect
24to which such sum was received by the claimant, and the time
25within which it may be recouped and, as the case may be, the
26reasons for denial of recoupment waiver. The claims adjudicator

 

 

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1may reconsider his decision within one year after the date when
2the decision was made. Such decision or reconsidered decision
3may be appealed to a Referee within the time limits prescribed
4by Section 800 for appeal from a determination. Any such
5appeal, and any appeal from the Referee's decision thereon,
6shall be governed by the applicable provisions of Sections 801,
7803, 804 and 805. No recoupment shall be begun until the
8expiration of the time limits prescribed by Section 800 of this
9Act or, if an appeal has been filed, until the decision of a
10Referee has been made thereon affirming the decision of the
11Claims Adjudicator.
12    C. Any sums recovered under the provisions of this Section
13shall be treated as repayments to the Director of sums
14improperly obtained by the claimant.
15    D. Whenever, by reason of a back pay award made by any
16governmental agency or pursuant to arbitration proceedings, or
17by reason of a payment of wages wrongfully withheld by an
18employing unit, an individual has received wages for weeks with
19respect to which he has received benefits, the amount of such
20benefits may be recouped or otherwise recovered as herein
21provided. An employing unit making a back pay award to an
22individual for weeks with respect to which the individual has
23received benefits shall make the back pay award by check
24payable jointly to the individual and to the Director.
25    E. The amount recouped pursuant to paragraph 2 of
26subsection A from benefits payable to an individual for any

 

 

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1week shall not exceed 25% of the individual's weekly benefit
2amount.
3    In addition to the remedies provided by this Section, when
4an individual has received any sum as benefits for which he is
5found to be ineligible, the Director may request the
6Comptroller to withhold such sum in accordance with Section
710.05 of the State Comptroller Act and the Director may request
8the Secretary of the Treasury to withhold such sum to the
9extent allowed by and in accordance with Section 6402(f) of the
10federal Internal Revenue Code of 1986, as amended. Benefits
11paid pursuant to this Act shall not be subject to such
12withholding. Where the Director requests withholding by the
13Secretary of the Treasury pursuant to this Section, in addition
14to the amount of benefits for which the individual has been
15found ineligible, the individual shall be liable for any
16legally authorized administrative fee assessed by the
17Secretary, with such fee to be added to the amount to be
18withheld by the Secretary.
19(Source: P.A. 85-956.)
 
20    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
21    Sec. 1505. Adjustment of state experience factor. The state
22experience factor shall be adjusted in accordance with the
23following provisions:
24    A. This subsection shall apply to each calendar year prior
25to 1980 for which a state experience factor is being

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    absolute for calendar years 1993 through 1995, by more than
2    10% absolute for calendar years 1999 through 2003 and by
3    more than 12% absolute for calendar year 2004 and each
4    calendar year thereafter, from the adjusted state
5    experience factor of the calendar year preceding the
6    calendar year for which the adjusted state experience
7    factor is being determined;
8        4. Shall not be increased by more than 15% absolute for
9    calendar year 1993, by more than 14% absolute for calendar
10    years 1994 and 1995, by more than 10% absolute for calendar
11    years 1999 through 2003 and by more than 16% absolute for
12    calendar year 2004 and each calendar year thereafter, from
13    the adjusted state experience factor for the calendar year
14    preceding the calendar year for which the adjusted state
15    experience factor is being determined;
16        5. Shall be 100% for calendar years 1996, 1997, and
17    1998.
18    D-1. The adjusted state experience factor for each of
19calendar years 2013 through 2015 shall be increased by 5%
20absolute above the adjusted state experience factor as
21calculated without regard to this subsection. The adjusted
22state experience factor for each of calendar years 2016 through
232019 shall be increased by 6% absolute above the adjusted state
24experience factor as calculated without regard to this
25subsection. The increase in the adjusted state experience for
26calendar year 2019 pursuant to this subsection shall not be

 

 

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1counted for purposes of applying paragraph 3 or 4 of subsection
2D to the calculation of the adjusted state experience factor
3for calendar year 2020.
4    D-2. The adjusted state experience factor for calendar year
52016 shall be increased by 19% absolute above the adjusted
6state experience factor as calculated without regard to this
7subsection. The increase in the adjusted state experience
8factor for calendar year 2016 pursuant to this subsection shall
9not be counted for purposes of applying paragraph 3 or 4 of
10subsection D to the calculation of the adjusted state
11experience factor for calendar year 2017.
12    D-3. The adjusted state experience factor for calendar year
132018 shall be increased by 19% absolute above the adjusted
14state experience factor as calculated without regard to this
15subsection. The increase in the adjusted state experience
16factor for calendar year 2018 pursuant to this subsection shall
17not be counted for purposes of applying paragraph 3 or 4 of
18subsection D to the calculation of the adjusted state
19experience factor for calendar year 2019.
20    E. The amount standing to the credit of this State's
21account in the unemployment trust fund as of June 30 shall be
22deemed to include as part thereof (a) any amount receivable on
23that date from any Federal governmental agency, or as a payment
24in lieu of contributions under the provisions of Sections 1403
25and 1405 B and paragraph 2 of Section 302C, in reimbursement of
26benefits paid to individuals, and (b) amounts credited by the

 

 

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1Secretary of the Treasury of the United States to this State's
2account in the unemployment trust fund pursuant to Section 903
3of the Federal Social Security Act, as amended, including any
4such amounts which have been appropriated by the General
5Assembly in accordance with the provisions of Section 2100 B
6for expenses of administration, except any amounts which have
7been obligated on or before that date pursuant to such
8appropriation.
9(Source: P.A. 93-634, eff. 1-1-04.)
 
10    (820 ILCS 405/1506.1)  (from Ch. 48, par. 576.1)
11    Sec. 1506.1. Determination of Employer's Contribution
12Rate.
13    A. The contribution rate for any calendar year prior to
141982 of each employer who has incurred liability for the
15payment of contributions within each of the three calendar
16years immediately preceding the calendar year for which a rate
17is being determined shall be determined in accordance with the
18provisions of this Act as amended and in effect on October 5,
191980.
20    B. The contribution rate for calendar years 1982 and 1983
21of each employer who has incurred liability for the payment of
22contributions within each of the three calendar years
23immediately preceding the calendar year for which a rate is
24being determined shall be the product obtained by multiplying
25the employer's benefit wage ratio for that calendar year by the

 

 

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

 

 

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1in Section 1503, shall be 2.7 percent.
2    Notwithstanding the other provisions of this Section, no
3employer's contribution rate with respect to calendar years
41982 and 1983 shall exceed 2.7 percent of the wages for insured
5work paid by him during any calendar quarter, if such wages
6paid during such calendar quarter total less than $50,000.
7    C. The contribution rate for calendar years 1984, 1985 and
81986 of each employer who has incurred liability for the
9payment of contributions within each of the two calendar years
10immediately preceding the calendar year for which a rate is
11being determined shall be the product obtained by multiplying
12the employer's benefit wage ratio for that calendar year by the
13adjusted state experience factor for the same year, provided
14that:
15        1. An employer's minimum contribution rate shall be the
16    greater of: .2%; or, the product obtained by multiplying
17    .2% by the adjusted state experience factor for the
18    applicable calendar year.
19        2. An employer's maximum contribution rate shall be the
20    greater of 5.5% or the product of 5.5% and the adjusted
21    State experience factor for the applicable calendar year
22    except that such maximum contribution rate shall not be
23    higher than 6.3% for calendar year 1984, nor be higher than
24    6.6% or lower than 6.4% for calendar year 1985, nor be
25    higher than 6.7% or lower than 6.5% for calendar year 1986.
26        3. If any product obtained in this subsection is not an

 

 

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1    exact multiple of one-tenth of one percent, it shall be
2    increased or reduced, as the case may be to the nearer
3    multiple of one-tenth of one percent. If such product is
4    equally near to two multiples of one-tenth of one percent,
5    it shall be increased to the higher multiple of one-tenth
6    of one percent.
7        4. Intermediate rates between such minimum and maximum
8    rates shall be at one-tenth of one percent intervals.
9    The contribution rate of each employer for whom wages
10became benefit wages during the applicable period specified in
11Section 1503, but who paid no contributions upon wages for
12insured work during such period on or before the date
13designated in Section 1503, shall be the maximum contribution
14rate as determined by paragraph 2 of this subsection. The
15contribution rate for each employer for whom no wages became
16benefit wages during the applicable period on or before the
17date specified in Section 1503, and who paid no contributions
18upon wages for insured work during such period on or before the
19date specified in Section 1503, shall be the greater of 2.7% or
202.7% times the then current adjusted state experience factor as
21determined by the Director in accordance with the provisions of
22Sections 1504 and 1505.
23    Notwithstanding, the other provisions of this Section, no
24employer's contribution rate with respect to the calendar year
251984 shall exceed 2.7 percent times the then current adjusted
26state experience factor as determined by the Director in

 

 

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1accordance with the provisions of Sections 1504 and 1505 of the
2wages for insured work paid by him during any calendar quarter,
3if such wages paid during such calendar quarter total less than
4$50,000.
5    D. The contribution rate for calendar years 1987, 1988,
61989 and 1990 of each employer who has incurred liability for
7the payment of contributions within each of the three calendar
8years immediately preceding the calendar year for which a rate
9is being determined shall be the product obtained by
10multiplying the employer's benefit wage ratio for that calendar
11year by the adjusted state experience factor for the same year,
12provided, that:
13        1. An employer's minimum contribution rate shall be the
14    greater of .2% or the product obtained by multiplying .2%
15    by the adjusted State experience factor for the applicable
16    calendar year.
17        2. An employer's maximum contribution rate shall be the
18    greater of 5.5% or the product of 5.5% and the adjusted
19    State experience factor for the calendar year 1987 except
20    that such maximum contribution rate shall not be higher
21    than 6.7% or lower than 6.5% and an employer's maximum
22    contribution rate for 1988, 1989 and 1990 shall be the
23    greater of 6.4% or the product of 6.4% and the adjusted
24    State experience factor for the applicable calendar year.
25        3. If any product obtained in this subsection is not an
26    exact multiple of one-tenth of one percent, it shall be

 

 

09700SB0072ham004- 59 -LRB097 05652 WGH 59578 a

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

 

 

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1        1. Except as otherwise provided in this paragraph, an
2    employer's minimum contribution rate shall be the greater
3    of 0.2% or the product obtained by multiplying 0.2% by the
4    adjusted state experience factor for the applicable
5    calendar year. An employer's minimum contribution rate
6    shall be 0.1% for calendar year 1996. An employer's minimum
7    contribution rate shall be 0.0% for calendar years 2012
8    through 2019.
9        2. An employer's maximum contribution rate shall be the
10    greater of 6.4% or the product of 6.4% and the adjusted
11    state experience factor for the applicable calendar year.
12        3. If any product obtained in this subsection is not an
13    exact multiple of one-tenth of one percent, it shall be
14    increased or reduced, as the case may be to the nearer
15    multiple of one-tenth of one percent. If such product is
16    equally near to two multiples of one-tenth of one percent,
17    it shall be increased to the higher multiple of one-tenth
18    of one percent.
19        4. Intermediate rates between such minimum and maximum
20    rates shall be at one-tenth of one percent intervals.
21    The contribution rate of each employer for whom wages
22became benefit wages during the applicable period specified in
23Section 1503 or for whom benefit payments became benefit
24charges during the applicable period specified in Section
251503.1, but who did not report wages for insured work during
26such period, shall be the maximum contribution rate as

 

 

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1determined by paragraph 2 of this subsection. The contribution
2rate for each employer for whom no wages became benefit wages
3during the applicable period specified in Section 1503 or for
4whom no benefit payments became benefit charges during the
5applicable period specified in Section 1503.1, and who did not
6report wages for insured work during such period, shall be the
7greater of 2.7% or 2.7% times the then current adjusted state
8experience factor as determined by the Director in accordance
9with the provisions of Sections 1504 and 1505.
10    F. Notwithstanding the other provisions of this Section,
11and pursuant to Section 271 of the Tax Equity and Fiscal
12Responsibility Act of 1982, as amended, no employer's
13contribution rate with respect to calendar years 1985, 1986,
141987 and 1988 shall, for any calendar quarter during which the
15wages paid by that employer are less than $50,000, exceed the
16following: with respect to calendar year 1985, 3.7%; with
17respect to calendar year 1986, 4.1%; with respect to calendar
18year 1987, 4.5%; and with respect to calendar year 1988, 5.0%.
19    G. Notwithstanding the other provisions of this Section, no
20employer's contribution rate with respect to calendar year 1989
21and each calendar year thereafter shall exceed 5.4% of the
22wages for insured work paid by him during any calendar quarter,
23if such wages paid during such calendar quarter total less than
24$50,000, plus any applicable penalty contribution rate
25calculated pursuant to subsection C of Section 1507.1.
26(Source: P.A. 94-301, eff. 1-1-06.)
 

 

 

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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.

 

 

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1    Except as otherwise provided in this Section, for For each
2employer whose contribution rate for 2010 and any calendar year
3thereafter is determined pursuant to Section 1500 or 1506.1,
4including but not limited to an employer whose contribution
5rate pursuant to Section 1506.1 is 0.0% would, in the absence
6of this Section, be 0.2% or higher, a contribution rate which
7is the sum of the rate determined pursuant to Section 1500 or
81506.1 such rate and a fund building rate equal to the sum of
9the rate adjustment applicable to that year pursuant to Section
101400.1, plus the fund building rate in effect pursuant to this
11Section for the immediately preceding calendar year.
12    For calendar year 2012 and any outstanding bond year
13thereafter, for each employer whose contribution rate is
14determined pursuant to Section 1500 or 1506.1, including but
15not limited to an employer whose contribution rate pursuant to
16Section 1506.1 is 0.0%, a contribution rate which is the sum of
17the rate determined pursuant to Section 1500 or 1506.1 and
18.55%. For purposes of this subsection, a calendar year is an
19outstanding bond year if, as of October 31 of the immediately
20preceding calendar year, there are bonds outstanding pursuant
21to the Illinois Unemployment Insurance Trust Fund Financing
22Act.
23    Notwithstanding any provision to the contrary, the fund
24building rate in effect for any calendar year after calendar
25year 2009 shall not be less than 0.4% or greater than 0.55%.
26Notwithstanding any other provision to the contrary, the fund

 

 

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1building rate established pursuant to this Section shall not
2apply with respect to the first quarter of calendar year 2011.
3The changes made to Section 235 by this amendatory Act of the
497th General Assembly are intended to offset the loss of
5revenue to the State's account in the unemployment trust fund
6with respect to the first quarter of calendar year 2011 as a
7result of Section 1506.5 and the changes made to this Section
8by this amendatory Act of the 97th General Assembly.
9    Notwithstanding the preceding paragraphs of this Section
10or any other provision of this Act, except for the provisions
11contained in Section 1500 pertaining to rates applicable to
12employers classified under the Standard Industrial Code, or
13another classification system sanctioned by the United States
14Department of Labor and prescribed by the Director by rule, no
15employer whose total wages for insured work paid by him during
16any calendar quarter in 1988 and any calendar year thereafter
17are less than $50,000 shall pay contributions at a rate with
18respect to such quarter which exceeds the following: with
19respect to calendar year 1988, 5%; with respect to 1989 and any
20calendar year thereafter, 5.4%, plus any penalty contribution
21rate calculated pursuant to subsection C of Section 1507.1.
22    Notwithstanding the preceding paragraph of this Section,
23or any other provision of this Act, no employer's contribution
24rate with respect to calendar years 1993 through 1995 shall
25exceed 5.4% if the employer ceased operations at an Illinois
26manufacturing facility in 1991 and remained closed at that

 

 

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1facility during all of 1992, and the employer in 1993 commits
2to invest at least $5,000,000 for the purpose of resuming
3operations at that facility, and the employer rehires during
41993 at least 250 of the individuals employed by it at that
5facility during the one year period prior to the cessation of
6its operations, provided that, within 30 days after the
7effective date of this amendatory Act of 1993, the employer
8makes application to the Department to have the provisions of
9this paragraph apply to it. The immediately preceding sentence
10shall be null and void with respect to an employer which by
11December 31, 1993 has not satisfied the rehiring requirement
12specified by this paragraph or which by December 31, 1994 has
13not made the investment specified by this paragraph.
14     All payments attributable to the fund building rate
15established pursuant to this Section with respect to the first
16fourth quarter of calendar year 2013 2003, the first quarter of
17calendar year 2004 and any calendar quarter thereafter as of
18the close of which there are either bond obligations
19outstanding pursuant to the Illinois Unemployment Insurance
20Trust Fund Financing Act, or bond obligations anticipated to be
21outstanding as of either or both of the 2 immediately
22succeeding calendar quarters, shall be directed for deposit
23into the Master Bond Fund. Notwithstanding any other provision
24of this subsection, no fund building rate shall be added to any
25penalty contribution rate assessed pursuant to subsection C of
26Section 1507.1.

 

 

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

 

 

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

 

 

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1Section 1506.1 is 0.0%, in addition to the contribution rate
2established pursuant to Section 1506.3, an additional
3surcharge of 0.3% shall be added to the contribution rate. The
4surcharge established by this Section shall be due at the same
5time as other contributions with respect to the quarter are
6due, as provided in Section 1400. Payments attributable to the
7surcharge established pursuant to this Section shall be
8contributions and deposited into the clearing account.
 
9    (820 ILCS 405/1510)  (from Ch. 48, par. 580)
10    Sec. 1510. Service of notice.
11    Whenever service of notice is required by Sections 1508 and
121509, such notice may be given and be complete by depositing
13the same with the United States Mail, addressed to the employer
14at his last known address. If represented by counsel in the
15proceedings before the Director, then service of notice may be
16made upon such employer by mailing same to such counsel. If
17agreed to by the person or entity entitled to notice, notice
18may be given and completed electronically, in the manner
19prescribed by rule, by posting the notice on a secure web site
20accessible to the person or entity and sending notice of the
21posting to the last known e-mail address of the person or
22entity.
23(Source: Laws 1951, p. 32.)
 
24    (820 ILCS 405/1705)  (from Ch. 48, par. 615)

 

 

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1    Sec. 1705. Employment offices; State employment service.
2The Director shall create as many employment districts and
3establish and maintain as many State employment offices as he
4or she deems necessary to carry out the provisions of this Act.
5In addition to such offices and branches, the Illinois Public
6Employment Offices now in existence and such as may hereafter
7be created pursuant to the provisions of the Public Employment
8Office Act shall also serve as employment offices within the
9purview of this Act. All such offices and agencies so created
10and established, together with the Illinois Public Employment
11offices, shall constitute the State employment service within
12the meaning of this Act. The Department of Employment Security
13and the Director thereof may continue to be the State agency
14for cooperation with the United States Employment Service under
15an Act of Congress entitled "An Act to provide for the
16establishment of a national employment system and for
17cooperation with the States in the promotion of such system,
18and for other purposes," approved June 6, 1933, as amended.
19    The Director may cooperate with or enter into agreements
20with the Railroad Retirement Board with respect to the
21establishment, maintenance, and use of free employment service
22facilities. For the purpose of establishing and maintaining
23free public employment offices, the Director is authorized to
24enter into agreements with the Railroad Retirement Board, or
25any other agency of the United States charged with the
26administration of an unemployment compensation law, or with any

 

 

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1political subdivision of this State, and as a part of any such
2agreement the Director may accept moneys, services, or quarters
3as a contribution, to be treated in the same manner as funds
4received pursuant to Section 2103.
5    Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of the
6general election law of the State, the Director shall make
7unemployment offices available for use as temporary places of
8registration. Registration within the offices shall be in the
9most public, orderly, and convenient portions thereof, and
10Sections 4-3, 5-3, and 11-4 of the general election law
11relative to the attendance of police officers during the
12conduct of registration shall apply. Registration under this
13Section shall be made in the manner provided by Sections 4-8,
144-10, 5-7, 5-9, 6-34, 6-35, and 6-37 of the general election
15law. Employees of the Department in those offices are eligible
16to serve as deputy registrars.
17(Source: P.A. 90-372, eff. 7-1-98.)
 
18    (820 ILCS 405/1801.1)
19    Sec. 1801.1. Directory of New Hires.
20    A. The Director shall establish and operate an automated
21directory of newly hired employees which shall be known as the
22"Illinois Directory of New Hires" which shall contain the
23information required to be reported by employers to the
24Department under subsection B. In the administration of the
25Directory, the Director shall comply with any requirements

 

 

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

 

 

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1employees in another state may report all newly hired employees
2to a single designated state in which the employer has
3employees if it has so notified the Secretary of the United
4States Department of Health and Human Services in writing. An
5employer may, at its option, submit information regarding any
6rehired employee in the same manner as information is submitted
7regarding a newly hired employee. Each report required under
8this subsection shall, to the extent practicable, be made on an
9Internal Revenue Service Form W-4 or, at the option of the
10employer, an equivalent form, and may be transmitted by first
11class mail, by telefax, magnetically, or electronically.
12    C. An employer which knowingly fails to comply with the
13reporting requirements established by this Section shall be
14subject to a civil penalty of $15 for each individual whom it
15fails to report. An employer shall be considered to have
16knowingly failed to comply with the reporting requirements
17established by this Section with respect to an individual if
18the employer has been notified by the Department that it has
19failed to report an individual, and it fails, without
20reasonable cause, to supply the required information to the
21Department within 21 days after the date of mailing of the
22notice. Any individual who knowingly conspires with the newly
23hired employee to cause the employer to fail to report the
24information required by this Section or who knowingly conspires
25with the newly hired employee to cause the employer to file a
26false or incomplete report shall be guilty of a Class B

 

 

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1misdemeanor with a fine not to exceed $500 with respect to each
2employee with whom the individual so conspires.
3    D. As used in this Section, "newly hired employee" means an
4individual who is an employee within the meaning of Chapter 24
5of the Internal Revenue Code of 1986, and whose reporting to
6work which results in earnings from the employer is the first
7instance within the preceding 180 days that the individual has
8reported for work for which earnings were received from that
9employer; however, "newly hired employee" does not include an
10employee of a federal or State agency performing intelligence
11or counterintelligence functions, if the head of that agency
12has determined that the filing of the report required by this
13Section with respect to the employee could endanger the safety
14of the employee or compromise an ongoing investigation or
15intelligence mission.
16    Notwithstanding Section 205, and for the purposes of this
17Section only, the term "employer" has the meaning given by
18Section 3401(d) of the Internal Revenue Code of 1986 and
19includes any governmental entity and labor organization as
20defined by Section 2(5) of the National Labor Relations Act,
21and includes any entity (also known as a hiring hall) which is
22used by the organization and an employer to carry out the
23requirements described in Section 8(f)(3) of that Act of an
24agreement between the organization and the employer.
25(Source: P.A. 90-425, eff. 8-15-97.)
 

 

 

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1    (820 ILCS 405/1900)  (from Ch. 48, par. 640)
2    Sec. 1900. Disclosure of information.
3    A. Except as provided in this Section, information obtained
4from any individual or employing unit during the administration
5of this Act shall:
6        1. be confidential,
7        2. not be published or open to public inspection,
8        3. not be used in any court in any pending action or
9    proceeding,
10        4. not be admissible in evidence in any action or
11    proceeding other than one arising out of this Act.
12    B. No finding, determination, decision, ruling or order
13(including any finding of fact, statement or conclusion made
14therein) issued pursuant to this Act shall be admissible or
15used in evidence in any action other than one arising out of
16this Act, nor shall it be binding or conclusive except as
17provided in this Act, nor shall it constitute res judicata,
18regardless of whether the actions were between the same or
19related parties or involved the same facts.
20    C. Any officer or employee of this State, any officer or
21employee of any entity authorized to obtain information
22pursuant to this Section, and any agent of this State or of
23such entity who, except with authority of the Director under
24this Section, shall disclose information shall be guilty of a
25Class B misdemeanor and shall be disqualified from holding any
26appointment or employment by the State.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (820 ILCS 405/2100)  (from Ch. 48, par. 660)
2    Sec. 2100. Handling of funds - Bond - Accounts.
3    A. All contributions and payments in lieu of contributions
4collected under this Act, including but not limited to fund
5building receipts and receipts attributable to the surcharge
6established pursuant to Section 1506.5, together with any
7interest thereon; all penalties collected pursuant to this Act;
8any property or securities acquired through the use thereof;
9all moneys advanced to this State's account in the unemployment
10trust fund pursuant to the provisions of Title XII of the
11Social Security Act, as amended; all moneys directed for
12transfer from the Master Bond Fund or the Title XII Interest
13Fund to this State's account in the unemployment trust fund;
14all moneys received from the Federal government as
15reimbursements pursuant to Section 204 of the Federal-State
16Extended Unemployment Compensation Act of 1970, as amended; all
17moneys credited to this State's account in the unemployment
18trust fund pursuant to Section 903 of the Federal Social
19Security Act, as amended; all administrative fees collected
20from individuals pursuant to Section 900 or from employing
21units pursuant to Section 2206.1; and all earnings of such
22property or securities and any interest earned upon any such
23moneys shall be paid or turned over to and held by the
24Director, as ex-officio custodian of the clearing account, the
25unemployment trust fund account and the benefit account, and by
26the State Treasurer, as ex-officio custodian of the special

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1unemployment trust fund.
2    Moneys in the clearing, benefit and special administrative
3accounts shall not be commingled with other State funds but
4they shall be deposited as required by law and maintained in
5separate accounts on the books of a savings and loan
6association or bank.
7    No bank or savings and loan association shall receive
8public funds as permitted by this Section, unless it has
9complied with the requirements established pursuant to Section
106 of "An Act relating to certain investments of public funds by
11public agencies", approved July 23, 1943, as now or hereafter
12amended.
13    B. Moneys credited to the account of this State in the
14unemployment trust fund by the Secretary of the Treasury of the
15United States pursuant to Section 903 of the Social Security
16Act may be requisitioned from this State's account and used as
17authorized by Section 903. Any interest required to be paid on
18advances under Title XII of the Social Security Act shall be
19paid in a timely manner and shall not be paid, directly or
20indirectly, by an equivalent reduction in contributions or
21payments in lieu of contributions from amounts in this State's
22account in the unemployment trust fund. Such moneys may be
23requisitioned and used for the payment of expenses incurred for
24the administration of this Act, but only pursuant to a specific
25appropriation by the General Assembly and only if the expenses
26are incurred and the moneys are requisitioned after the

 

 

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

 

 

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1be deposited with the State Treasurer, who shall hold such
2moneys, as ex-officio custodian thereof, in accordance with the
3requirements of Section 2103 and, upon the direction of the
4Director, shall make payments therefrom pursuant to such
5appropriation. Moneys so deposited shall, until expended,
6remain a part of the unemployment trust fund and, if any will
7not be expended, shall be returned promptly to the account of
8this State in the unemployment trust fund.
9    C. The Governor is authorized to apply to the United States
10Secretary of Labor for an advance or advances to this State's
11account in the unemployment trust fund pursuant to the
12conditions set forth in Title XII of the Federal Social
13Security Act, as amended. The amount of any such advance may be
14repaid from this State's account in the unemployment trust
15fund.
16    D. The Director shall annually on or before the first day
17of March report in writing to the Employment Security Advisory
18Board concerning the deposits into and expenditures from this
19State's account in the Unemployment Trust Fund.
20(Source: P.A. 97-1, eff. 3-31-11.)
 
21    (820 ILCS 405/2203)  (from Ch. 48, par. 683)
22    Sec. 2203. Service of notice-Place of hearing-By whom
23conducted.
24    Whenever service of notice is required by Sections 2200 or
252201, such notice shall be deemed to have been served when

 

 

09700SB0072ham004- 90 -LRB097 05652 WGH 59578 a

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

 

 

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1(Source: Laws 1957, p. 2667.)
 
2    (820 ILCS 405/2206.1)  (from Ch. 48, par. 686.1)
3    Sec. 2206.1. In addition to the remedies provided by this
4Act, when an employing unit defaults in any payment or
5contribution required to be made to the State under the
6provisions of this Act, the Director may request the
7Comptroller to withhold the amount due in accordance with the
8provisions of Section 10.05 of the State Comptroller Act and
9the Director may request the Secretary of the Treasury to
10withhold the amount due to the extent allowed by and in
11accordance with Section 6402(f) of the federal Internal Revenue
12Code of 1986, as amended. Where the Director requests
13withholding by the Secretary of the Treasury pursuant to this
14Section, in addition to the amount of the payment otherwise
15owed by the employing unit, the employing unit shall be liable
16for any legally authorized administrative fee assessed by the
17Secretary, with such fee to be added to the amount to be
18withheld by the Secretary.
19(Source: P.A. 83-1.)
 
20    (820 ILCS 405/2405 new)
21    Sec. 2405. Process; failure to file reports or make
22payments. The process available to the Department of Revenue
23pursuant to Section 3-7 of the Uniform Penalty and Interest Act
24with respect to an unpaid trust tax, interest, or penalties

 

 

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1shall be available to the Department of Employment Security
2with respect to unpaid contributions, payments in lieu of
3contributions, penalties, and interest due pursuant to this Act
4where any officer or employee of the employer who has the
5control, supervision, or responsibility of filing wage or
6contribution reports and making payment of contributions or
7payments in lieu of contributions pursuant to this Act
8willfully fails to file the report or make the payment or
9willfully attempts in any other manner to evade or defeat a
10liability pursuant to this Act. For purposes of this Section,
11references to the Department or Director of Revenue in Section
123-7 of the Uniform Penalty and Interest Act shall be deemed to
13be references to the Department or Director of Employment
14Security. Procedures for protest and review of a notice of
15penalty liability under this Section shall be the same as those
16prescribed for protest and review of a determination and
17assessment under Section 2200.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".