Illinois General Assembly - Full Text of SB0072
Illinois General Assembly

Previous General Assemblies

Full Text of SB0072  97th General Assembly

SB0072enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
SB0072 EnrolledLRB097 05652 RPM 45714 b

1    AN ACT concerning insurance.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
17in each city containing a population of one million or over,
18one central office with as many departments as would be
19practical to handle the various classes of labor, and such
20branch offices not to exceed five at any one time, the location
21of branch offices to be approved by the Governor. Those offices
22shall be designated and known as Illinois Public Employment
23Offices.

 

 

SB0072 Enrolled- 2 -LRB097 05652 RPM 45714 b

1(Source: P.A. 90-372, eff. 7-1-98.)
 
2    Section 10. The Illinois Unemployment Insurance Trust Fund
3Financing Act is amended by changing Sections 3, 4, and 7 as
4follows:
 
5    (30 ILCS 440/3)
6    Sec. 3. Definitions. For purposes of this Act:
7    A. "Act" shall mean the Illinois Unemployment Insurance
8Trust Fund Financing Act.
9    B. "Benefits" shall have the meaning provided in the
10Unemployment Insurance Act.
11    C. "Bond" means any type of revenue obligation, including,
12without limitation, fixed rate, variable rate, auction rate or
13similar bond, note, certificate, or other instrument,
14including, without limitation, an interest rate exchange
15agreement, an interest rate lock agreement, a currency exchange
16agreement, a forward payment conversion agreement, an
17agreement to provide payments based on levels of or changes in
18interest rates or currency exchange rates, an agreement to
19exchange cash flows or a series of payments, an option, put, or
20call to hedge payment, currency, interest rate, or other
21exposure, payable from and secured by a pledge of Fund Building
22Receipts collected pursuant to the Unemployment Insurance Act,
23and all interest and other earnings upon such amounts held in
24the Master Bond Fund, to the extent provided in the proceedings

 

 

SB0072 Enrolled- 3 -LRB097 05652 RPM 45714 b

1authorizing the obligation.
2    D. "Bond Administrative Expenses" means expenses and fees
3incurred to administer and issue, upon a conversion of any of
4the Bonds from one mode to another and from taxable to
5tax-exempt, the Bonds issued pursuant to this Act, including
6fees for paying agents, trustees, financial advisors,
7underwriters, remarketing agents, attorneys and for other
8professional services necessary to ensure compliance with
9applicable state or federal law.
10    E. "Bond Obligations" means the principal of a Bond and any
11premium and interest on a Bond issued pursuant to this Act,
12together with any amount owed under a related Credit Agreement.
13    F. "Credit Agreement" means, without limitation, a loan
14agreement, a revolving credit agreement, an agreement
15establishing a line of credit, a letter of credit, notes,
16municipal bond insurance, standby bond purchase agreements,
17surety bonds, remarketing agreements and the like, by which the
18Department may borrow funds to pay or redeem or purchase and
19hold its bonds, agreements for the purchase or remarketing of
20bonds or any other agreement that enhances the marketability,
21security, or creditworthiness of a Bond issued under this Act.
22        1. Such Credit Agreement shall provide the following:
23            a. The choice of law for the obligations of a
24        financial provider may be made for any state of these
25        United States, but the law which shall apply to the
26        Bonds shall be the law of the State of Illinois, and

 

 

SB0072 Enrolled- 4 -LRB097 05652 RPM 45714 b

1        jurisdiction to enforce such Credit Agreement as
2        against the Department shall be exclusively in the
3        courts of the State of Illinois or in the applicable
4        federal court having jurisdiction and located within
5        the State of Illinois.
6            b. Any such Credit Agreement shall be fully
7        enforceable as a valid and binding contract as and to
8        the extent provided by applicable law.
9        2. Without limiting the foregoing, such Credit
10    Agreement, may include any of the following:
11            a. Interest rates on the Bonds may vary from time
12        to time depending upon criteria established by the
13        Director, which may include, without limitation:
14                (i) A variation in interest rates as may be
15            necessary to cause the Bonds to be remarketed from
16            time to time at a price equal to their principal
17            amount plus any accrued interest;
18                (ii) Rates set by auctions; or
19                (iii) Rates set by formula.
20            b. A national banking association, bank, trust
21        company, investment banker or other financial
22        institution may be appointed to serve as a remarketing
23        agent in that connection, and such remarketing agent
24        may be delegated authority by the Department to
25        determine interest rates in accordance with criteria
26        established by the Department.

 

 

SB0072 Enrolled- 5 -LRB097 05652 RPM 45714 b

1            c. Alternative interest rates or provisions may
2        apply during such times as the Bonds are held by the
3        financial providers or similar persons or entities
4        providing a Credit Agreement for those Bonds and,
5        during such times, the interest on the Bonds may be
6        deemed not exempt from income taxation under the
7        Internal Revenue Code for purposes of State law, as
8        contained in the Bond Authorization Act, relating to
9        the permissible rate of interest to be borne thereon.
10            d. Fees may be paid to the financial providers or
11        similar persons or entities providing a Credit
12        Agreement, including all reasonably related costs,
13        including therein costs of enforcement and litigation
14        (all such fees and costs being financial provider
15        payments) and financial provider payments may be paid,
16        without limitation, from proceeds of the Bonds being
17        the subject of such agreements, or from Bonds issued to
18        refund such Bonds, provided that such financial
19        provider payments shall be made subordinate to the
20        payments on the Bonds.
21            e. The Bonds need not be held in physical form by
22        the financial providers or similar persons or entities
23        providing a Credit Agreement when providing funds to
24        purchase or carry the Bonds from others but may be
25        represented in uncertificated form in the Credit
26        Agreement.

 

 

SB0072 Enrolled- 6 -LRB097 05652 RPM 45714 b

1            f. The debt or obligation of the Department
2        represented by a Bond tendered for purchase to or
3        otherwise made available to the Department thereupon
4        acquired by either the Department or a financial
5        provider shall not be deemed to be extinguished for
6        purposes of State law until cancelled by the Department
7        or its agent.
8            g. Such Credit Agreement may provide for
9        acceleration of the principal amounts due on the Bonds.
10    G. "Department" means the Illinois Department of
11Employment Security.
12    H. "Director" means the Director of the Illinois Department
13of Employment Security.
14    I. "Fund Building Rates" are those rates imposed pursuant
15to Section 1506.3 of the Unemployment Insurance Act.
16    J. "Fund Building Receipts" shall have the meaning provided
17in the Unemployment Insurance Act and includes earnings on such
18receipts.
19    K. "Master Bond Fund" shall mean, for any particular
20issuance of Bonds under this Act, the fund established for the
21deposit of Fund Building Receipts upon or prior to the issuance
22of Bonds under this Act, and during the time that any Bonds are
23outstanding under this Act and from which the payment of Bond
24Obligations and the related Bond Administrative Expenses
25incurred in connection with such Bonds shall be made. That
26portion of the Master Bond Fund containing the Required Fund

 

 

SB0072 Enrolled- 7 -LRB097 05652 RPM 45714 b

1Building Receipts Amount shall be irrevocably pledged to the
2timely payment of Bond Obligations and Bond Administrative
3Expenses due on any Bonds issued pursuant to this Act and any
4Credit Agreement entered in connection with the Bonds. The
5Master Bond Fund shall be held separate and apart from all
6other State funds. Moneys in the Master Bond Fund shall not be
7commingled with other State funds, but they shall be deposited
8as required by law and maintained in a separate account on the
9books of a savings and loan association, bank or other
10qualified financial institution. All interest earnings on
11amounts within the Master Bond Fund shall accrue to the Master
12Bond Fund. The Master Bond Fund may include such funds and
13accounts as are necessary for the deposit of bond proceeds,
14Fund Building Receipts, payment of principal, interest,
15administrative expenses, costs of issuance, in the case of
16bonds which are exempt from Federal taxation, rebate payments,
17and such other funds and accounts which may be necessary for
18the implementation and administration of this Act. The Director
19shall be liable on her or his general official bond for the
20faithful performance of her or his duties as custodian of the
21Master Bond Fund. Such liability on her or his official bond
22shall exist in addition to the liability upon any separate bond
23given by her or him. All sums recovered for losses sustained by
24the Master Bond Fund shall be deposited into the Fund.
25    The Director shall report quarterly in writing to the
26Employment Security Advisory Board concerning the actual and

 

 

SB0072 Enrolled- 8 -LRB097 05652 RPM 45714 b

1anticipated deposits into and expenditures and transfers made
2from the Master Bond Fund. Notwithstanding any other provision
3to the contrary, no report is required under this subsection K
4if (i) the Master Bond Fund held a net balance of zero as of the
5close of the immediately preceding calendar quarter, (ii) there
6have been no deposits into the Master Bond Fund within any of
7the immediately preceding 4 calendar quarters, and (iii) there
8have been no expenditures or transfers from the Master Bond
9Fund within any of the immediately preceding 4 calendar
10quarters.
11    L. "Required Fund Building Receipts Amount" means the
12aggregate amount of Fund Building Receipts required to be
13maintained in the Master Bond Fund as set forth in Section 4I
14of this Act.
15(Source: P.A. 93-634, eff. 1-1-04; 94-1083, eff. 1-19-07.)
 
16    (30 ILCS 440/4)
17    Sec. 4. Authority to Issue Revenue Bonds.
18    A. The Department shall have the continuing power to borrow
19money for the purpose of carrying out the following:
20        1. To reduce or avoid the need to borrow or obtain a
21    federal advance under Section 1201, et seq., of the Social
22    Security Act (42 U.S.C. Section 1321), as amended, or any
23    similar federal law; or
24        2. To refinance a previous advance received by the
25    Department with respect to the payment of Benefits; or

 

 

SB0072 Enrolled- 9 -LRB097 05652 RPM 45714 b

1        3. To refinance, purchase, redeem, refund, advance
2    refund or defease (including, any combination of the
3    foregoing) any outstanding Bonds issued pursuant to this
4    Act; or
5        4. To fund a surplus in Illinois' account in the
6    Unemployment Trust Fund of the United States Treasury.
7    Paragraphs 1, 2 and 4 are inoperative on and after January
81, 2022 2013.
9    B. As evidence of the obligation of the Department to repay
10money borrowed for the purposes set forth in Section 4A above,
11the Department may issue and dispose of its interest bearing
12revenue Bonds and may also, from time-to-time, issue and
13dispose of its interest bearing revenue Bonds to purchase,
14redeem, refund, advance refund or defease (including, any
15combination of the foregoing) any Bonds at maturity or pursuant
16to redemption provisions or at any time before maturity. The
17Director, in consultation with the Department's Employment
18Security Advisory Board, shall have the power to direct that
19the Bonds be issued. Bonds may be issued in one or more series
20and under terms and conditions as needed in furtherance of the
21purposes of this Act. The Illinois Finance Authority shall
22provide any technical, legal, or administrative services if and
23when requested by the Director and the Employment Security
24Advisory Board with regard to the issuance of Bonds. The
25Governor's Office of Management and Budget may, upon the
26written request of the Director, issue the bonds authorized

 

 

SB0072 Enrolled- 10 -LRB097 05652 RPM 45714 b

1pursuant to this Act on behalf of the Department and, for that
2purpose, may retain such underwriters, financial advisors, and
3counsel as may be appropriate from the Office's then-existing
4roster of prequalified vendors. Such Bonds shall be issued in
5the name of the State of Illinois for the benefit of the
6Department and shall be executed by the Director. In case any
7Director whose signature appears on any Bond ceases (after
8attaching his or her signature) to hold that office, her or his
9signature shall nevertheless be valid and effective for all
10purposes.
11    C. No Bonds shall be issued without the Director's written
12certification that, based upon a reasonable financial
13analysis, the issuance of Bonds is reasonably expected to:
14        (i) Result in a savings to the State as compared to the
15    cost of borrowing or obtaining an advance under Section
16    1201, et seq., Social Security Act (42 U.S.C. Section
17    1321), as amended, or any similar federal law;
18        (ii) Result in terms which are advantageous to the
19    State through refunding, advance refunding or other
20    similar restructuring of outstanding Bonds; or
21        (iii) Allow the State to avoid an anticipated
22    deficiency in the State's account in the Unemployment Trust
23    Fund of the United States Treasury by funding a surplus in
24    the State's account in the Unemployment Trust Fund of the
25    United States Treasury; or .
26        (iv) Prevent the reduction of the employer credit

 

 

SB0072 Enrolled- 11 -LRB097 05652 RPM 45714 b

1    provided under Section 3302 of the Federal Unemployment Tax
2    Act with respect to employers subject to the Unemployment
3    Insurance Act.
4    D. All such Bonds shall be payable from Fund Building
5Receipts. Bonds may also be paid from (i) to the extent
6allowable by law, from monies in the State's account in the
7Unemployment Trust Fund of the United States Treasury; and (ii)
8to the extent allowable by law, a federal advance under Section
91201, et seq., of the Social Security Act (42 U.S.C. Section
101321); and (iii) proceeds of Bonds and receipts from related
11credit and exchange agreements to the extent allowed by this
12Act and applicable legal requirements.
13    E. The maximum principal amount of the Bonds, when combined
14with the outstanding principal of all other Bonds issued
15pursuant to this Act, shall not at any time exceed
16$2,400,000,000 $1,400,000,000, excluding all of the
17outstanding principal of any other Bonds issued pursuant to
18this Act for which payment has been irrevocably provided by
19refunding or other manner of defeasance. It is the intent of
20this Act that the outstanding Bond authorization limits
21provided for in this Section 4E shall be revolving in nature,
22such that the amount of Bonds outstanding that are not refunded
23or otherwise defeased shall be included in determining the
24maximum amount of Bonds authorized to be issued pursuant to the
25Act.
26    F. Such Bonds and refunding Bonds issued pursuant to this

 

 

SB0072 Enrolled- 12 -LRB097 05652 RPM 45714 b

1Act may bear such date or dates, may mature at such time or
2times not exceeding 10 years from their respective dates of
3issuance, and may bear interest at such rate or rates not
4exceeding the maximum rate authorized by the Bond Authorization
5Act, as amended and in effect at the time of the issuance of
6the Bonds.
7    G. The Department may enter into a Credit Agreement
8pertaining to the issuance of the Bonds, upon terms which are
9not inconsistent with this Act and any other laws, provided
10that the term of such Credit Agreement shall not exceed the
11term of the Bonds, plus any time period necessary to cure any
12defaults under such Credit Agreement.
13    H. Interest earnings paid to holders of the Bonds shall not
14be exempt from income taxes imposed by the State.
15    I. While any Bond Obligations are outstanding or
16anticipated to come due as a result of Bonds expected to be
17issued in either or both of the 2 immediately succeeding
18calendar quarters, the Department shall collect and deposit
19Fund Building Receipts into the Master Bond Fund in an amount
20necessary to satisfy the Required Fund Building Receipts Amount
21prior to expending Fund Building Receipts for any other
22purpose. The Required Fund Building Receipts Amount shall be
23that amount necessary to ensure the marketability of the Bonds,
24which shall be specified in the Bond Sale Order executed by the
25Director in connection with the issuance of the Bonds.
26    J. Holders of the Bonds shall have a first and priority

 

 

SB0072 Enrolled- 13 -LRB097 05652 RPM 45714 b

1claim on all Fund Building Receipts in the Master Bond Fund in
2parity with all other holders of the Bonds, provided that such
3claim may be subordinated to the provider of any Credit
4Agreement for any of the Bonds.
5    K. To the extent that Fund Building Receipts in the Master
6Bond Fund are not otherwise needed to satisfy the requirements
7of this Act and the instruments authorizing the issuance of the
8Bonds, such monies shall be used by the Department, in such
9amounts as determined by the Director to do any one or a
10combination of the following:
11        1. To purchase, refinance, redeem, refund, advance
12    refund or defease (or any combination of the foregoing)
13    outstanding Bonds, to the extent such action is legally
14    available and does not impair the tax exempt status of any
15    of the Bonds which are, in fact, exempt from Federal income
16    taxation; or
17        2. As a deposit in the State's account in the
18    Unemployment Trust Fund of the United States Treasury; or
19        3. As a deposit into the Special Programs Fund provided
20    for under Section 2107 of the Unemployment Insurance Act.
21    L. The Director shall determine the method of sale, type of
22bond, bond form, redemption provisions and other terms of the
23Bonds that, in the Director's judgment, best achieve the
24purposes of this Act and effect the borrowing at the lowest
25practicable cost, provided that those determinations are not
26inconsistent with this Act or other applicable legal

 

 

SB0072 Enrolled- 14 -LRB097 05652 RPM 45714 b

1requirements. Those determinations shall be set forth in a
2document entitled "Bond Sale Order" acceptable, in form and
3substance, to the attorney or attorneys acting as bond counsel
4for the Bonds in connection with the rendering of opinions
5necessary for the issuance of the Bonds and executed by the
6Director.
7(Source: P.A. 96-30, eff. 6-30-09.)
 
8    (30 ILCS 440/7)
9    Sec. 7. State Not to Impair Bond Obligations. While Bonds
10under this Act are outstanding, the State irrevocably pledges
11and covenants that it shall not:
12    A. Take action to limit or restrict the rights of the
13Department to fulfill its responsibilities to pay Bond
14Obligations, Bond Administrative Expenses or otherwise comply
15with instruments entered by the Department pertaining to the
16issuance of the Bonds;
17    B. In any way impair the rights and remedies of the holders
18of the Bonds until the Bonds are fully discharged; or
19    C. Reduce:
20        1. The Fund Building Rates below the levels in
21    existence effective January 1, 2012 2004;
22        2. The maximum amount includable as wages pursuant to
23    Section 235 of the Unemployment Insurance Act below the
24    levels in existence effective January 1, 2012 2004; and
25        3. The Solvency Adjustments imposed pursuant to

 

 

SB0072 Enrolled- 15 -LRB097 05652 RPM 45714 b

1    Section 1400.1 of the Unemployment Insurance Act below the
2    levels in existence effective January 1, 2012 2004.
3(Source: P.A. 93-634, eff. 1-1-04.)
 
4    Section 15. The Unemployment Insurance Act is amended by
5changing Sections 235, 401, 403, 702, 804, 900, 1505, 1506.1,
61506.3, 1510, 1705, 1801.1, 1900, 2100, 2203, and 2206.1 and by
7adding Sections 611.1, 1506.6, and 2405 as follows:
 
8    (820 ILCS 405/235)  (from Ch. 48, par. 345)
9    Sec. 235. The term "wages" does not include:
10    A. With respect to calendar years prior to calendar year
112004, the maximum amount includable as "wages" shall be
12determined pursuant to this Section as in effect on January 1,
132006.
14    With respect to the calendar year 2004, the term "wages"
15shall include only the remuneration paid to an individual by an
16employer during that period with respect to employment which
17does not exceed $9,800. With respect to the calendar years 2005
18through 2009, the term "wages" shall include only the
19remuneration paid to an individual by an employer during that
20period with respect to employment which does not exceed the
21following amounts: $10,500 with respect to the calendar year
222005; $11,000 with respect to the calendar year 2006; $11,500
23with respect to the calendar year 2007; $12,000 with respect to
24the calendar year 2008; and $12,300 with respect to the

 

 

SB0072 Enrolled- 16 -LRB097 05652 RPM 45714 b

1calendar year 2009.
2    With Except as otherwise provided in subsection A-1, with
3respect to the calendar years 2010, 2011, 2020 2013, and each
4calendar year thereafter, the term "wages" shall include only
5the remuneration paid to an individual by an employer during
6that period with respect to employment which does not exceed
7the sum of the wage base adjustment applicable to that year
8pursuant to Section 1400.1, plus the maximum amount includable
9as "wages" pursuant to this subsection with respect to the
10immediately preceding calendar year; for purposes of this
11sentence, the maximum amount includable as "wages" with respect
12to calendar year 2013 shall be calculated as though the maximum
13amount includable as "wages" with respect to calendar year 2012
14had been calculated pursuant to this sentence. With respect to
15calendar year 2012, to offset the loss of revenue to the
16State's account in the unemployment trust fund with respect to
17the first quarter of calendar year 2011 as a result of Section
181506.5 and the changes made by this amendatory Act of the 97th
19General Assembly to Section 1506.3, the term "wages" shall
20include only the remuneration paid to an individual by an
21employer during that period with respect to employment which
22does not exceed $13,560. Except as otherwise provided in
23subsection A-1, with respect to calendar year 2013, the term
24"wages" shall include only the remuneration paid to an
25individual by an employer during that period with respect to
26employment which does not exceed $12,900. With respect to the

 

 

SB0072 Enrolled- 17 -LRB097 05652 RPM 45714 b

1calendar years 2014 through 2019, the term "wages" shall
2include only the remuneration paid to an individual by an
3employer during that period with respect to employment which
4does not exceed $12,960. Notwithstanding any provision to the
5contrary, the maximum amount includable as "wages" pursuant to
6this Section shall not be less than $12,300 or greater than
7$12,960 with respect to any calendar year after calendar year
82009 except calendar year 2012 and except as otherwise provided
9in subsection A-1.
10    The remuneration paid to an individual by an employer with
11respect to employment in another State or States, upon which
12contributions were required of such employer under an
13unemployment compensation law of such other State or States,
14shall be included as a part of the remuneration herein referred
15to. For the purposes of this subsection, any employing unit
16which succeeds to the organization, trade, or business, or to
17substantially all of the assets of another employing unit, or
18to the organization, trade, or business, or to substantially
19all of the assets of a distinct severable portion of another
20employing unit, shall be treated as a single unit with its
21predecessor for the calendar year in which such succession
22occurs; any employing unit which is owned or controlled by the
23same interests which own or control another employing unit
24shall be treated as a single unit with the unit so owned or
25controlled by such interests for any calendar year throughout
26which such ownership or control exists; and, with respect to

 

 

SB0072 Enrolled- 18 -LRB097 05652 RPM 45714 b

1any trade or business transfer subject to subsection A of
2Section 1507.1, a transferee, as defined in subsection G of
3Section 1507.1, shall be treated as a single unit with the
4transferor, as defined in subsection G of Section 1507.1, for
5the calendar year in which the transfer occurs. This subsection
6applies only to Sections 1400, 1405A, and 1500.
7    A-1. If, by March 1, 2013, the payments attributable to the
8changes to subsection A by this or any subsequent amendatory
9Act of the 97th General Assembly do not equal or exceed the
10loss to this State's account in the unemployment trust fund as
11a result of Section 1506.5 and the changes made to Section
121506.3 by this or any subsequent amendatory Act of the 97th
13General Assembly, including unrealized interest, then, with
14respect to calendar year 2013, the term "wages" shall include
15only the remuneration paid to an individual by an employer
16during that period with respect to employment which does not
17exceed $13,560. For purposes of subsection A, if the maximum
18amount includable as "wages" with respect to calendar year 2013
19is $13,560, the maximum amount includable as "wages" with
20respect to calendar year 2014 shall be calculated as though the
21maximum amount includable as "wages" with respect to calendar
22year 2013 had been calculated pursuant to subsection A, without
23regard to this Section.
24    B. The amount of any payment (including any amount paid by
25an employer for insurance or annuities, or into a fund, to
26provide for any such payment), made to, or on behalf of, an

 

 

SB0072 Enrolled- 19 -LRB097 05652 RPM 45714 b

1individual or any of his dependents under a plan or system
2established by an employer which makes provision generally for
3individuals performing services for him (or for such
4individuals generally and their dependents) or for a class or
5classes of such individuals (or for a class or classes of such
6individuals and their dependents), on account of (1) sickness
7or accident disability (except those sickness or accident
8disability payments which would be includable as "wages" in
9Section 3306(b)(2)(A) of the Federal Internal Revenue Code of
101954, in effect on January 1, 1985, such includable payments to
11be attributable in such manner as provided by Section 3306(b)
12of the Federal Internal Revenue Code of 1954, in effect on
13January 1, 1985), or (2) medical or hospitalization expenses in
14connection with sickness or accident disability, or (3) death.
15    C. Any payment made to, or on behalf of, an employee or his
16beneficiary which would be excluded from "wages" by
17subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
183306(b)(5) of the Federal Internal Revenue Code of 1954, in
19effect on January 1, 1985.
20    D. The amount of any payment on account of sickness or
21accident disability, or medical or hospitalization expenses in
22connection with sickness or accident disability, made by an
23employer to, or on behalf of, an individual performing services
24for him after the expiration of six calendar months following
25the last calendar month in which the individual performed
26services for such employer.

 

 

SB0072 Enrolled- 20 -LRB097 05652 RPM 45714 b

1    E. Remuneration paid in any medium other than cash by an
2employing unit to an individual for service in agricultural
3labor as defined in Section 214.
4    F. The amount of any supplemental payment made by an
5employer to an individual performing services for him, other
6than remuneration for services performed, under a shared work
7plan approved by the Director pursuant to Section 407.1.
8(Source: P.A. 97-1, eff. 3-31-11.)
 
9    (820 ILCS 405/401)  (from Ch. 48, par. 401)
10    Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
11    A. With respect to any week beginning prior to April 24,
121983, an individual's weekly benefit amount shall be an amount
13equal to the weekly benefit amount as defined in this Act as in
14effect on November 30, 1982.
15    B. 1. With respect to any week beginning on or after April
1624, 1983 and before January 3, 1988, an individual's weekly
17benefit amount shall be 48% of his prior average weekly wage,
18rounded (if not already a multiple of one dollar) to the next
19higher dollar; provided, however, that the weekly benefit
20amount cannot exceed the maximum weekly benefit amount, and
21cannot be less than 15% of the statewide average weekly wage,
22rounded (if not already a multiple of one dollar) to the next
23higher dollar. However, the weekly benefit amount for an
24individual who has established a benefit year beginning before
25April 24, 1983, shall be determined, for weeks beginning on or

 

 

SB0072 Enrolled- 21 -LRB097 05652 RPM 45714 b

1after April 24, 1983 claimed with respect to that benefit year,
2as provided under this Act as in effect on November 30, 1982.
3With respect to any week beginning on or after January 3, 1988
4and before January 1, 1993, an individual's weekly benefit
5amount shall be 49% of his prior average weekly wage, rounded
6(if not already a multiple of one dollar) to the next higher
7dollar; provided, however, that the weekly benefit amount
8cannot exceed the maximum weekly benefit amount, and cannot be
9less than $51. With respect to any week beginning on or after
10January 3, 1993 and during a benefit year beginning before
11January 4, 2004, an individual's weekly benefit amount shall be
1249.5% of his prior average weekly wage, rounded (if not already
13a multiple of one dollar) to the next higher dollar; provided,
14however, that the weekly benefit amount cannot exceed the
15maximum weekly benefit amount and cannot be less than $51. With
16respect to any benefit year beginning on or after January 4,
172004 and before January 6, 2008, an individual's weekly benefit
18amount shall be 48% of his or her prior average weekly wage,
19rounded (if not already a multiple of one dollar) to the next
20higher dollar; provided, however, that the weekly benefit
21amount cannot exceed the maximum weekly benefit amount and
22cannot be less than $51. Except as otherwise provided in this
23Section, with With respect to any benefit year beginning on or
24after January 6, 2008, an individual's weekly benefit amount
25shall be 47% of his or her prior average weekly wage, rounded
26(if not already a multiple of one dollar) to the next higher

 

 

SB0072 Enrolled- 22 -LRB097 05652 RPM 45714 b

1dollar; provided, however, that the weekly benefit amount
2cannot exceed the maximum weekly benefit amount and cannot be
3less than $51. With respect to any benefit year beginning in
4calendar year 2016, an individual's weekly benefit amount shall
5be 42.8% of his or her prior average weekly wage, rounded (if
6not already a multiple of one dollar) to the next higher
7dollar; provided, however, that the weekly benefit amount
8cannot exceed the maximum weekly benefit amount and cannot be
9less than $51. With respect to any benefit year beginning in
10calendar year 2018, an individual's weekly benefit amount shall
11be 42.9% of his or her prior average weekly wage, rounded (if
12not already a multiple of one dollar) to the next higher
13dollar; provided, however, that the weekly benefit amount
14cannot exceed the maximum weekly benefit amount and cannot be
15less than $51.
16    2. For the purposes of this subsection:
17    With respect to any week beginning on or after April 24,
181983, an individual's "prior average weekly wage" means the
19total wages for insured work paid to that individual during the
202 calendar quarters of his base period in which such total
21wages were highest, divided by 26. If the quotient is not
22already a multiple of one dollar, it shall be rounded to the
23nearest dollar; however if the quotient is equally near 2
24multiples of one dollar, it shall be rounded to the higher
25multiple of one dollar.
26    "Determination date" means June 1, 1982, December 1, 1982

 

 

SB0072 Enrolled- 23 -LRB097 05652 RPM 45714 b

1and December 1 of each succeeding calendar year thereafter.
2However, if as of June 30, 1982, or any June 30 thereafter, the
3net amount standing to the credit of this State's account in
4the unemployment trust fund (less all outstanding advances to
5that account, including advances pursuant to Title XII of the
6federal Social Security Act) is greater than $100,000,000,
7"determination date" shall mean December 1 of that year and
8June 1 of the succeeding year. Notwithstanding the preceding
9sentence, for the purposes of this Act only, there shall be no
10June 1 determination date in any year after 1986.
11    "Determination period" means, with respect to each June 1
12determination date, the 12 consecutive calendar months ending
13on the immediately preceding December 31 and, with respect to
14each December 1 determination date, the 12 consecutive calendar
15months ending on the immediately preceding June 30.
16    "Benefit period" means the 12 consecutive calendar month
17period beginning on the first day of the first calendar month
18immediately following a determination date, except that, with
19respect to any calendar year in which there is a June 1
20determination date, "benefit period" shall mean the 6
21consecutive calendar month period beginning on the first day of
22the first calendar month immediately following the preceding
23December 1 determination date and the 6 consecutive calendar
24month period beginning on the first day of the first calendar
25month immediately following the June 1 determination date.
26Notwithstanding the foregoing sentence, the 6 calendar months

 

 

SB0072 Enrolled- 24 -LRB097 05652 RPM 45714 b

1beginning January 1, 1982 and ending June 30, 1982 shall be
2deemed a benefit period with respect to which the determination
3date shall be June 1, 1981.
4    "Gross wages" means all the wages paid to individuals
5during the determination period immediately preceding a
6determination date for insured work, and reported to the
7Director by employers prior to the first day of the third
8calendar month preceding that date.
9    "Covered employment" for any calendar month means the total
10number of individuals, as determined by the Director, engaged
11in insured work at mid-month.
12    "Average monthly covered employment" means one-twelfth of
13the sum of the covered employment for the 12 months of a
14determination period.
15    "Statewide average annual wage" means the quotient,
16obtained by dividing gross wages by average monthly covered
17employment for the same determination period, rounded (if not
18already a multiple of one cent) to the nearest cent.
19    "Statewide average weekly wage" means the quotient,
20obtained by dividing the statewide average annual wage by 52,
21rounded (if not already a multiple of one cent) to the nearest
22cent. Notwithstanding any provisions of this Section to the
23contrary, the statewide average weekly wage for the benefit
24period beginning July 1, 1982 and ending December 31, 1982
25shall be the statewide average weekly wage in effect for the
26immediately preceding benefit period plus one-half of the

 

 

SB0072 Enrolled- 25 -LRB097 05652 RPM 45714 b

1result obtained by subtracting the statewide average weekly
2wage for the immediately preceding benefit period from the
3statewide average weekly wage for the benefit period beginning
4July 1, 1982 and ending December 31, 1982 as such statewide
5average weekly wage would have been determined but for the
6provisions of this paragraph. Notwithstanding any provisions
7of this Section to the contrary, the statewide average weekly
8wage for the benefit period beginning April 24, 1983 and ending
9January 31, 1984 shall be $321 and for the benefit period
10beginning February 1, 1984 and ending December 31, 1986 shall
11be $335, and for the benefit period beginning January 1, 1987,
12and ending December 31, 1987, shall be $350, except that for an
13individual who has established a benefit year beginning before
14April 24, 1983, the statewide average weekly wage used in
15determining benefits, for any week beginning on or after April
1624, 1983, claimed with respect to that benefit year, shall be
17$334.80, except that, for the purpose of determining the
18minimum weekly benefit amount under subsection B(1) for the
19benefit period beginning January 1, 1987, and ending December
2031, 1987, the statewide average weekly wage shall be $335; for
21the benefit periods January 1, 1988 through December 31, 1988,
22January 1, 1989 through December 31, 1989, and January 1, 1990
23through December 31, 1990, the statewide average weekly wage
24shall be $359, $381, and $406, respectively. Notwithstanding
25the preceding sentences of this paragraph, for the benefit
26period of calendar year 1991, the statewide average weekly wage

 

 

SB0072 Enrolled- 26 -LRB097 05652 RPM 45714 b

1shall be $406 plus (or minus) an amount equal to the percentage
2change in the statewide average weekly wage, as computed in
3accordance with the preceding sentences of this paragraph,
4between the benefit periods of calendar years 1989 and 1990,
5multiplied by $406; and, for the benefit periods of calendar
6years 1992 through 2003 and calendar year 2005 and each
7calendar year thereafter, the statewide average weekly wage,
8shall be the statewide average weekly wage, as determined in
9accordance with this sentence, for the immediately preceding
10benefit period plus (or minus) an amount equal to the
11percentage change in the statewide average weekly wage, as
12computed in accordance with the preceding sentences of this
13paragraph, between the 2 immediately preceding benefit
14periods, multiplied by the statewide average weekly wage, as
15determined in accordance with this sentence, for the
16immediately preceding benefit period. However, for purposes of
17the Workers' Compensation Act, the statewide average weekly
18wage will be computed using June 1 and December 1 determination
19dates of each calendar year and such determination shall not be
20subject to the limitation of $321, $335, $350, $359, $381, $406
21or the statewide average weekly wage as computed in accordance
22with the preceding sentence of this paragraph.
23    With respect to any week beginning on or after April 24,
241983 and before January 3, 1988, "maximum weekly benefit
25amount" means 48% of the statewide average weekly wage, rounded
26(if not already a multiple of one dollar) to the nearest

 

 

SB0072 Enrolled- 27 -LRB097 05652 RPM 45714 b

1dollar, provided however, that the maximum weekly benefit
2amount for an individual who has established a benefit year
3beginning before April 24, 1983, shall be determined, for weeks
4beginning on or after April 24, 1983 claimed with respect to
5that benefit year, as provided under this Act as amended and in
6effect on November 30, 1982, except that the statewide average
7weekly wage used in such determination shall be $334.80.
8    With respect to any week beginning after January 2, 1988
9and before January 1, 1993, "maximum weekly benefit amount"
10with respect to each week beginning within a benefit period
11means 49% of the statewide average weekly wage, rounded (if not
12already a multiple of one dollar) to the next higher dollar.
13    With respect to any week beginning on or after January 3,
141993 and during a benefit year beginning before January 4,
152004, "maximum weekly benefit amount" with respect to each week
16beginning within a benefit period means 49.5% of the statewide
17average weekly wage, rounded (if not already a multiple of one
18dollar) to the next higher dollar.
19    With respect to any benefit year beginning on or after
20January 4, 2004 and before January 6, 2008, "maximum weekly
21benefit amount" with respect to each week beginning within a
22benefit period means 48% of the statewide average weekly wage,
23rounded (if not already a multiple of one dollar) to the next
24higher dollar.
25    Except as otherwise provided in this Section, with With
26respect to any benefit year beginning on or after January 6,

 

 

SB0072 Enrolled- 28 -LRB097 05652 RPM 45714 b

12008, "maximum weekly benefit amount" with respect to each week
2beginning within a benefit period means 47% of the statewide
3average weekly wage, rounded (if not already a multiple of one
4dollar) to the next higher dollar.
5    With respect to any benefit year beginning in calendar year
62016, "maximum weekly benefit amount" with respect to each week
7beginning within a benefit period means 42.8% of the statewide
8average weekly wage, rounded (if not already a multiple of one
9dollar) to the next higher dollar.
10    With respect to any benefit year beginning in calendar year
112018, "maximum weekly benefit amount" with respect to each week
12beginning within a benefit period means 42.9% of the statewide
13average weekly wage, rounded (if not already a multiple of one
14dollar) to the next higher dollar.
15    C. With respect to any week beginning on or after April 24,
161983 and before January 3, 1988, an individual to whom benefits
17are payable with respect to any week shall, in addition to such
18benefits, be paid, with respect to such week, as follows: in
19the case of an individual with a nonworking spouse, 7% of his
20prior average weekly wage, rounded (if not already a multiple
21of one dollar) to the higher dollar; provided, that the total
22amount payable to the individual with respect to a week shall
23not exceed 55% of the statewide average weekly wage, rounded
24(if not already a multiple of one dollar) to the nearest
25dollar; and in the case of an individual with a dependent child
26or dependent children, 14.4% of his prior average weekly wage,

 

 

SB0072 Enrolled- 29 -LRB097 05652 RPM 45714 b

1rounded (if not already a multiple of one dollar) to the higher
2dollar; provided, that the total amount payable to the
3individual with respect to a week shall not exceed 62.4% of the
4statewide average weekly wage, rounded (if not already a
5multiple of one dollar) to the next higher dollar with respect
6to the benefit period beginning January 1, 1987 and ending
7December 31, 1987, and otherwise to the nearest dollar.
8However, for an individual with a nonworking spouse or with a
9dependent child or children who has established a benefit year
10beginning before April 24, 1983, the amount of additional
11benefits payable on account of the nonworking spouse or
12dependent child or children shall be determined, for weeks
13beginning on or after April 24, 1983 claimed with respect to
14that benefit year, as provided under this Act as in effect on
15November 30, 1982, except that the statewide average weekly
16wage used in such determination shall be $334.80.
17    With respect to any week beginning on or after January 2,
181988 and before January 1, 1991 and any week beginning on or
19after January 1, 1992, and before January 1, 1993, an
20individual to whom benefits are payable with respect to any
21week 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, 8% of his prior average weekly wage,
24rounded (if not already a multiple of one dollar) to the next
25higher dollar, provided, that the total amount payable to the
26individual with respect to a week shall not exceed 57% of the

 

 

SB0072 Enrolled- 30 -LRB097 05652 RPM 45714 b

1statewide average weekly wage, rounded (if not already a
2multiple of one dollar) to the next higher dollar; and in the
3case of an individual with a dependent child or dependent
4children, 15% of his prior average weekly wage, rounded (if not
5already a multiple of one dollar) to the next higher dollar,
6provided that the total amount payable to the individual with
7respect to a week shall not exceed 64% of the statewide average
8weekly wage, rounded (if not already a multiple of one dollar)
9to the next higher dollar.
10    With respect to any week beginning on or after January 1,
111991 and before January 1, 1992, an individual to whom benefits
12are payable with respect to any week shall, in addition to the
13benefits, be paid, with respect to such week, as follows: in
14the case of an individual with a nonworking spouse, 8.3% of his
15prior average weekly wage, rounded (if not already a multiple
16of one dollar) to the next higher dollar, provided, that the
17total amount payable to the individual with respect to a week
18shall not exceed 57.3% of the statewide average weekly wage,
19rounded (if not already a multiple of one dollar) to the next
20higher dollar; and in the case of an individual with a
21dependent child or dependent children, 15.3% of his prior
22average weekly wage, rounded (if not already a multiple of one
23dollar) to the next higher dollar, provided that the total
24amount payable to the individual with respect to a week shall
25not exceed 64.3% of the statewide average weekly wage, rounded
26(if not already a multiple of one dollar) to the next higher

 

 

SB0072 Enrolled- 31 -LRB097 05652 RPM 45714 b

1dollar.
2    With respect to any week beginning on or after January 3,
31993, during a benefit year beginning before January 4, 2004,
4an individual to whom benefits are payable with respect to any
5week shall, in addition to those benefits, be paid, with
6respect to such week, as follows: in the case of an individual
7with a nonworking spouse, 9% of his prior average weekly wage,
8rounded (if not already a multiple of one dollar) to the next
9higher dollar, provided, that the total amount payable to the
10individual with respect to a week shall not exceed 58.5% of the
11statewide average weekly wage, rounded (if not already a
12multiple of one dollar) to the next higher dollar; and in the
13case of an individual with a dependent child or dependent
14children, 16% of his prior average weekly wage, rounded (if not
15already a multiple of one dollar) to the next higher dollar,
16provided that the total amount payable to the individual with
17respect to a week shall not exceed 65.5% of the statewide
18average weekly wage, rounded (if not already a multiple of one
19dollar) to the next higher dollar.
20    With respect to any benefit year beginning on or after
21January 4, 2004 and before January 6, 2008, an individual to
22whom benefits are payable with respect to any week shall, in
23addition to those benefits, be paid, with respect to such week,
24as follows: in the case of an individual with a nonworking
25spouse, 9% of his or her prior average weekly wage, rounded (if
26not already a multiple of one dollar) to the next higher

 

 

SB0072 Enrolled- 32 -LRB097 05652 RPM 45714 b

1dollar, provided, that the total amount payable to the
2individual with respect to a week shall not exceed 57% of the
3statewide average weekly wage, rounded (if not already a
4multiple of one dollar) to the next higher dollar; and in the
5case of an individual with a dependent child or dependent
6children, 17.2% of his or her prior average weekly wage,
7rounded (if not already a multiple of one dollar) to the next
8higher dollar, provided that the total amount payable to the
9individual with respect to a week shall not exceed 65.2% of the
10statewide average weekly wage, rounded (if not already a
11multiple of one dollar) to the next higher dollar.
12    With respect to any benefit year beginning on or after
13January 6, 2008 and before January 1, 2010, an individual to
14whom benefits are payable with respect to any week shall, in
15addition to those benefits, be paid, with respect to such week,
16as follows: in the case of an individual with a nonworking
17spouse, 9% of his or her prior average weekly wage, rounded (if
18not already a multiple of one dollar) to the next higher
19dollar, provided, that the total amount payable to the
20individual with respect to a week shall not exceed 56% of the
21statewide average weekly wage, rounded (if not already a
22multiple of one dollar) to the next higher dollar; and in the
23case of an individual with a dependent child or dependent
24children, 18.2% of his or her prior average weekly wage,
25rounded (if not already a multiple of one dollar) to the next
26higher dollar, provided that the total amount payable to the

 

 

SB0072 Enrolled- 33 -LRB097 05652 RPM 45714 b

1individual with respect to a week shall not exceed 65.2% of the
2statewide average weekly wage, rounded (if not already a
3multiple of one dollar) to the next higher dollar.
4    The additional amount paid pursuant to this subsection in
5the case of an individual with a dependent child or dependent
6children shall be referred to as the "dependent child
7allowance", and the percentage rate by which an individual's
8prior average weekly wage is multiplied pursuant to this
9subsection to calculate the dependent child allowance shall be
10referred to as the "dependent child allowance rate".
11    Except as otherwise provided in this Section, with With
12respect to any benefit year beginning on or after January 1,
132010, an individual to whom benefits are payable with respect
14to any week shall, in addition to those benefits, be paid, with
15respect to such week, as follows: in the case of an individual
16with a nonworking spouse, the greater of (i) 9% of his or her
17prior average weekly wage, rounded (if not already a multiple
18of one dollar) to the next higher dollar, or (ii) $15, provided
19that the total amount payable to the individual with respect to
20a week shall not exceed 56% of the statewide average weekly
21wage, rounded (if not already a multiple of one dollar) to the
22next higher dollar; and in the case of an individual with a
23dependent child or dependent children, the greater of (i) the
24product of the dependent child allowance rate multiplied by his
25or her prior average weekly wage, rounded (if not already a
26multiple of one dollar) to the next higher dollar, or (ii) the

 

 

SB0072 Enrolled- 34 -LRB097 05652 RPM 45714 b

1lesser of $50 or 50% of his or her weekly benefit amount,
2rounded (if not already a multiple of one dollar) to the next
3higher dollar, provided that the total amount payable to the
4individual with respect to a week shall not exceed the product
5of the statewide average weekly wage multiplied by the sum of
647% plus the dependent child allowance rate, rounded (if not
7already a multiple of one dollar) to the next higher dollar.
8    With respect to any benefit year beginning in calendar year
92016, an individual to whom benefits are payable with respect
10to any week shall, in addition to those benefits, be paid, with
11respect to such week, as follows: in the case of an individual
12with a nonworking spouse, the greater of (i) 9% of his or her
13prior average weekly wage, rounded (if not already a multiple
14of one dollar) to the next higher dollar, or (ii) $15, provided
15that the total amount payable to the individual with respect to
16a week shall not exceed 51.8% of the statewide average weekly
17wage, rounded (if not already a multiple of one dollar) to the
18next higher dollar; and in the case of an individual with a
19dependent child or dependent children, the greater of (i) the
20product of the dependent child allowance rate multiplied by his
21or her prior average weekly wage, rounded (if not already a
22multiple of one dollar) to the next higher dollar, or (ii) the
23lesser of $50 or 50% of his or her weekly benefit amount,
24rounded (if not already a multiple of one dollar) to the next
25higher dollar, provided that the total amount payable to the
26individual with respect to a week shall not exceed the product

 

 

SB0072 Enrolled- 35 -LRB097 05652 RPM 45714 b

1of the statewide average weekly wage multiplied by the sum of
242.8% plus the dependent child allowance rate, rounded (if not
3already a multiple of one dollar) to the next higher dollar.
4    With respect to any benefit year beginning in calendar year
52018, an individual to whom benefits are payable with respect
6to any week shall, in addition to those benefits, be paid, with
7respect to such week, as follows: in the case of an individual
8with a nonworking spouse, the greater of (i) 9% of his or her
9prior average weekly wage, rounded (if not already a multiple
10of one dollar) to the next higher dollar, or (ii) $15, provided
11that the total amount payable to the individual with respect to
12a week shall not exceed 51.9% of the statewide average weekly
13wage, rounded (if not already a multiple of one dollar) to the
14next higher dollar; and in the case of an individual with a
15dependent child or dependent children, the greater of (i) the
16product of the dependent child allowance rate multiplied by his
17or her prior average weekly wage, rounded (if not already a
18multiple of one dollar) to the next higher dollar, or (ii) the
19lesser of $50 or 50% of his or her weekly benefit amount,
20rounded (if not already a multiple of one dollar) to the next
21higher dollar, provided that the total amount payable to the
22individual with respect to a week shall not exceed the product
23of the statewide average weekly wage multiplied by the sum of
2442.9% plus the dependent child allowance rate, rounded (if not
25already a multiple of one dollar) to the next higher dollar.
26    With respect to each benefit year beginning after calendar

 

 

SB0072 Enrolled- 36 -LRB097 05652 RPM 45714 b

1year 2009, the dependent child allowance rate shall be the sum
2of the allowance adjustment applicable pursuant to Section
31400.1 to the calendar year in which the benefit year begins,
4plus the dependent child allowance rate with respect to each
5benefit year beginning in the immediately preceding calendar
6year, except as otherwise provided in this subsection. The
7dependent child allowance rate with respect to each benefit
8year beginning in calendar year 2010 shall not be greater than
918.2%. The dependent child allowance rate with respect to each
10benefit year beginning in calendar year 2011 shall be reduced
11by 0.2% absolute below the rate it would otherwise have been
12pursuant to this subsection and, with respect to each benefit
13year beginning after calendar year 2010, except as otherwise
14provided, shall not be less than 17.1% or greater than 18.0%.
15Unless, as a result of this sentence, the agreement between the
16Federal Government and State regarding the Federal Additional
17Compensation program established under Section 2002 of the
18American Recovery and Reinvestment Act, or a successor program,
19would not apply or would cease to apply, the dependent child
20allowance rate with respect to each benefit year beginning in
21calendar year 2012 shall be reduced by 0.1% absolute below the
22rate it would otherwise have been pursuant to this subsection
23and, with respect to each benefit year beginning after calendar
24year 2011, shall not be less than 17.0% or greater than 17.9%.
25    For the purposes of this subsection:
26    "Dependent" means a child or a nonworking spouse.

 

 

SB0072 Enrolled- 37 -LRB097 05652 RPM 45714 b

1    "Child" means a natural child, stepchild, or adopted child
2of an individual claiming benefits under this Act or a child
3who is in the custody of any such individual by court order,
4for whom the individual is supplying and, for at least 90
5consecutive days (or for the duration of the parental
6relationship if it has existed for less than 90 days)
7immediately preceding any week with respect to which the
8individual has filed a claim, has supplied more than one-half
9the cost of support, or has supplied at least 1/4 of the cost
10of support if the individual and the other parent, together,
11are supplying and, during the aforesaid period, have supplied
12more than one-half the cost of support, and are, and were
13during the aforesaid period, members of the same household; and
14who, on the first day of such week (a) is under 18 years of age,
15or (b) is, and has been during the immediately preceding 90
16days, unable to work because of illness or other disability:
17provided, that no person who has been determined to be a child
18of an individual who has been allowed benefits with respect to
19a week in the individual's benefit year shall be deemed to be a
20child of the other parent, and no other person shall be
21determined to be a child of such other parent, during the
22remainder of that benefit year.
23    "Nonworking spouse" means the lawful husband or wife of an
24individual claiming benefits under this Act, for whom more than
25one-half the cost of support has been supplied by the
26individual for at least 90 consecutive days (or for the

 

 

SB0072 Enrolled- 38 -LRB097 05652 RPM 45714 b

1duration of the marital relationship if it has existed for less
2than 90 days) immediately preceding any week with respect to
3which the individual has filed a claim, but only if the
4nonworking spouse is currently ineligible to receive benefits
5under this Act by reason of the provisions of Section 500E.
6    An individual who was obligated by law to provide for the
7support of a child or of a nonworking spouse for the aforesaid
8period of 90 consecutive days, but was prevented by illness or
9injury from doing so, shall be deemed to have provided more
10than one-half the cost of supporting the child or nonworking
11spouse for that period.
12(Source: P.A. 96-30, eff. 6-30-09.)
 
13    (820 ILCS 405/403)  (from Ch. 48, par. 403)
14    Sec. 403. Maximum total amount of benefits.)
15    A. With respect to any benefit year beginning prior to
16September 30, 1979, any otherwise eligible individual shall be
17entitled, during such benefit year, to a maximum total amount
18of benefits as shall be determined in the manner set forth in
19this Act as amended and in effect on November 9, 1977.
20    B. With respect to any benefit year beginning on or after
21September 30, 1979, except as otherwise provided in this
22Section, any otherwise eligible individual shall be entitled,
23during such benefit year, to a maximum total amount of benefits
24equal to 26 times his or her weekly benefit amount plus
25dependents' allowances, or to the total wages for insured work

 

 

SB0072 Enrolled- 39 -LRB097 05652 RPM 45714 b

1paid to such individual during the individual's base period,
2whichever amount is smaller. With respect to any benefit year
3beginning in calendar year 2012, any otherwise eligible
4individual shall be entitled, during such benefit year, to a
5maximum total amount of benefits equal to 25 times his or her
6weekly benefit amount plus dependents' allowances, or to the
7total wages for insured work paid to such individual during the
8individual's base period, whichever amount is smaller. If the
9maximum amount includable as "wages" pursuant to Section 235 is
10$13,560 with respect to calendar year 2013, then, with respect
11to any benefit year beginning after March 31, 2013 and before
12April 1, 2014, any otherwise eligible individual shall be
13entitled, during such benefit year, to a maximum total amount
14of benefits equal to 25 times his or her weekly benefit amount
15plus dependents allowances, or to the total wages for insured
16work paid to such individual during the individual's base
17period, whichever amount is smaller. With respect to any
18benefit year beginning in calendar year 2016 or 2018, any
19otherwise eligible individual shall be entitled, during such
20benefit year, to a maximum total amount of benefits equal to 24
21times his or her weekly benefit amount plus dependents'
22allowances, or to the total wages for insured work paid to such
23individual during the individual's base period, whichever
24amount is smaller.
25(Source: P.A. 97-1, eff. 3-31-11.)
 

 

 

SB0072 Enrolled- 40 -LRB097 05652 RPM 45714 b

1    (820 ILCS 405/611.1 new)
2    Sec. 611.1. Social Security Retirement Pay Task Force.
3    (a) The Social Security Retirement Pay Task Force is hereby
4created within the Department. The Task Force shall consist of
513 members. The following members shall be appointed within 60
6days after the effective date of this amendatory Act of the
797th General Assembly: 2 members appointed by the President of
8the Senate; 2 members appointed by the Senate Minority Leader;
92 members appointed by the Speaker of the House of
10Representatives; 2 members appointed by the House Minority
11Leader; 2 members appointed by the Governor; and the Director,
12who shall serve as ex officio chairman and who shall appoint
13one additional member who shall be a representative citizen
14chosen from the employee class and one additional member who
15shall be a representative citizen chosen from the employing
16class. All members shall be voting members. Members shall serve
17without compensation, but may be reimbursed for expenses
18associated with the Task Force. The Task Force shall begin to
19conduct business upon the appointment of all members. For
20purposes of Task Force meetings, a quorum is 7 members. If a
21vacancy occurs on the Task Force, a successor member shall be
22appointed by the original appointing authority. Meetings of the
23Task Force are subject to the Open Meetings Act.
24    (b) The Task Force shall analyze the impact of paragraph 2
25of subsection A of Section 611 of this Act on individuals
26receiving primary social security old age and disability

 

 

SB0072 Enrolled- 41 -LRB097 05652 RPM 45714 b

1retirement benefits and make a recommendation to the General
2Assembly as to the advisability of amending that paragraph with
3regard to those individuals. Considerations to be taken into
4account in the analysis include but are not limited to the
5amount of benefits that would have been payable in prior years
6if that paragraph had not applied to those individuals, the
7potential impact on employer liabilities under the Act had that
8paragraph not applied to those individuals, the current and
9projected balances in this State's account in the federal
10Unemployment Trust Fund and the fact that the majority of state
11unemployment insurance laws do not include comparable language
12with regard to those individuals. The Task Force shall hold at
13least 3 public hearings as part of its analysis. The Task Force
14may establish any committees it deems necessary.
15    (c) All findings, recommendations, public postings, and
16other relevant information pertaining to the Task Force shall
17be posted on the Department's website. The Department shall
18provide staff and administrative support to the Task Force. The
19Department and the Task Force may accept donated services and
20other resources from registered not-for-profit organizations
21that may be necessary to complete the work of the Task Force.
22The Task Force shall report its findings and recommendations to
23the Governor and the General Assembly no later than December
2431, 2012, and shall be dissolved upon submission of the report.
 
25    (820 ILCS 405/702)  (from Ch. 48, par. 452)

 

 

SB0072 Enrolled- 42 -LRB097 05652 RPM 45714 b

1    Sec. 702. Determinations. The claims adjudicator shall for
2each week with respect to which the claimant claims benefits or
3waiting period credit, make a "determination" which shall state
4whether or not the claimant is eligible for such benefits or
5waiting period credit and the sum to be paid the claimant with
6respect to such week. The claims adjudicator shall promptly
7notify the claimant and such employing unit as shall, within
8the time and in the manner prescribed by the Director, have
9filed a sufficient allegation that the claimant is ineligible
10to receive benefits or waiting period credit for said week, of
11his "determination" and the reasons therefor. The Director may,
12by rule adopted with the advice and aid of the Employment
13Security Advisory Board, require that an employing unit with 50
14or more individuals in its employ during the prior calendar
15year, or an entity representing 5 or more employing units
16during the prior calendar year, file an allegation of
17ineligibility electronically in a manner prescribed by the
18Director. In making his "determination," the claims
19adjudicator shall give consideration to the information, if
20any, contained in the employing unit's allegation, whether or
21not the allegation is sufficient. The claims adjudicator shall
22deem an employing unit's allegation sufficient only if it
23contains a reason or reasons therefor (other than general
24conclusions of law, and statements such as "not actively
25seeking work" or "not available for work" shall be deemed, for
26this purpose, to be conclusions of law). If the claims

 

 

SB0072 Enrolled- 43 -LRB097 05652 RPM 45714 b

1adjudicator deems an allegation insufficient, he shall make a
2decision accordingly, and shall notify the employing unit of
3such decision and the reasons therefor. Such decision may be
4appealed by the employing unit to a Referee within the time
5limits prescribed by Section 800 for appeal from a
6"determination". Any such appeal, and any appeal from the
7Referee's decision thereon, shall be governed by the applicable
8provisions of Sections 801, 803, 804 and 805.
9(Source: P.A. 81-1521.)
 
10    (820 ILCS 405/804)  (from Ch. 48, par. 474)
11    Sec. 804. Conduct of hearings-Service of notice.    The
12manner in which disputed claims for benefits shall be presented
13and the conduct of hearings and appeals shall be in accordance
14with regulations prescribed by the Director for determining the
15rights of the parties. A full and complete record shall be kept
16of all proceedings in connection with a disputed claim. All
17testimony at any hearing upon a disputed claim shall be
18recorded but need not be transcribed unless the disputed claim
19is further appealed.
20    Whenever the giving of notice is required by Sections 701,
21702, 703, 801, 803, 805, and 900, it may be given and be
22completed by mailing the same to the last known address of the
23person entitled thereto. If agreed to by the person or entity
24entitled to notice, notice may be given and completed
25electronically, in the manner prescribed by rule, by posting

 

 

SB0072 Enrolled- 44 -LRB097 05652 RPM 45714 b

1the notice on a secure web site accessible to the person or
2entity and sending notice of the posting to the last known
3e-mail address of the person or entity.
4(Source: Laws 1955, p. 744.)
 
5    (820 ILCS 405/900)  (from Ch. 48, par. 490)
6    Sec. 900. Recoupment.) A. Whenever an individual has
7received any sum as benefits for which he is found to have been
8ineligible, the amount thereof may be recovered by suit in the
9name of the People of the State of Illinois, or, from benefits
10payable to him, may be recouped:
11    1. At any time, if, to receive such sum, he knowingly made
12a false statement or knowingly failed to disclose a material
13fact.
14    2. Within 3 years from any date prior to January 1, 1984,
15on which he has been found to have been ineligible for any
16other reason, pursuant to a reconsidered finding or a
17reconsidered determination, or pursuant to the decision of a
18Referee (or of the Director or his representative under Section
19604) which modifies or sets aside a finding or a reconsidered
20finding or a determination or a reconsidered determination; or
21within 5 years from any date after December 31, 1983, on which
22he has been found to have been ineligible for any other reason,
23pursuant to a reconsidered finding or a reconsidered
24determination, or pursuant to the decision of a Referee (or of
25the Director or his representative under Section 604) which

 

 

SB0072 Enrolled- 45 -LRB097 05652 RPM 45714 b

1modifies or sets aside a finding or a reconsidered finding or a
2determination or a reconsidered determination. Recoupment
3pursuant to the provisions of this paragraph from benefits
4payable to an individual for any week may be waived upon the
5individual's request, if the sum referred to in paragraph A was
6received by the individual without fault on his part and if
7such recoupment would be against equity and good conscience.
8Such waiver may be denied with respect to any subsequent week
9if, in that week, the facts and circumstances upon which waiver
10was based no longer exist.
11    B. Whenever the claims adjudicator referred to in Section
12702 decides that any sum received by a claimant as benefits
13shall be recouped, or denies recoupment waiver requested by the
14claimant, he shall promptly notify the claimant of his decision
15and the reasons therefor. The decision and the notice thereof
16shall state the amount to be recouped, the weeks with respect
17to which such sum was received by the claimant, and the time
18within which it may be recouped and, as the case may be, the
19reasons for denial of recoupment waiver. The claims adjudicator
20may reconsider his decision within one year after the date when
21the decision was made. Such decision or reconsidered decision
22may be appealed to a Referee within the time limits prescribed
23by Section 800 for appeal from a determination. Any such
24appeal, and any appeal from the Referee's decision thereon,
25shall be governed by the applicable provisions of Sections 801,
26803, 804 and 805. No recoupment shall be begun until the

 

 

SB0072 Enrolled- 46 -LRB097 05652 RPM 45714 b

1expiration of the time limits prescribed by Section 800 of this
2Act or, if an appeal has been filed, until the decision of a
3Referee has been made thereon affirming the decision of the
4Claims Adjudicator.
5    C. Any sums recovered under the provisions of this Section
6shall be treated as repayments to the Director of sums
7improperly obtained by the claimant.
8    D. Whenever, by reason of a back pay award made by any
9governmental agency or pursuant to arbitration proceedings, or
10by reason of a payment of wages wrongfully withheld by an
11employing unit, an individual has received wages for weeks with
12respect to which he has received benefits, the amount of such
13benefits may be recouped or otherwise recovered as herein
14provided. An employing unit making a back pay award to an
15individual for weeks with respect to which the individual has
16received benefits shall make the back pay award by check
17payable jointly to the individual and to the Director.
18    E. The amount recouped pursuant to paragraph 2 of
19subsection A from benefits payable to an individual for any
20week shall not exceed 25% of the individual's weekly benefit
21amount.
22    In addition to the remedies provided by this Section, when
23an individual has received any sum as benefits for which he is
24found to be ineligible, the Director may request the
25Comptroller to withhold such sum in accordance with Section
2610.05 of the State Comptroller Act and the Director may request

 

 

SB0072 Enrolled- 47 -LRB097 05652 RPM 45714 b

1the Secretary of the Treasury to withhold such sum to the
2extent allowed by and in accordance with Section 6402(f) of the
3federal Internal Revenue Code of 1986, as amended. Benefits
4paid pursuant to this Act shall not be subject to such
5withholding. Where the Director requests withholding by the
6Secretary of the Treasury pursuant to this Section, in addition
7to the amount of benefits for which the individual has been
8found ineligible, the individual shall be liable for any
9legally authorized administrative fee assessed by the
10Secretary, with such fee to be added to the amount to be
11withheld by the Secretary.
12(Source: P.A. 85-956.)
 
13    (820 ILCS 405/1505)  (from Ch. 48, par. 575)
14    Sec. 1505. Adjustment of state experience factor. The state
15experience factor shall be adjusted in accordance with the
16following provisions:
17    A. This subsection shall apply to each calendar year prior
18to 1980 for which a state experience factor is being
19determined.
20    For every $7,000,000 (or fraction thereof) by which the
21amount standing to the credit of this State's account in the
22unemployment trust fund as of June 30 of the calendar year
23immediately preceding the calendar year for which the state
24experience factor is being determined falls below
25$450,000,000, the state experience factor for the succeeding

 

 

SB0072 Enrolled- 48 -LRB097 05652 RPM 45714 b

1calendar year shall be increased 1 percent absolute.
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 exceeds $450,000,000,
7the state experience factor for the succeeding year shall be
8reduced 1 percent absolute.
9    B. This subsection shall apply to the calendar years 1980
10through 1987, for which the state experience factor is being
11determined.
12    For every $12,000,000 (or fraction thereof) by which the
13amount standing to the credit of this State's account in the
14unemployment trust fund as of June 30 of the calendar year
15immediately preceding the calendar year for which the state
16experience factor is being determined falls below
17$750,000,000, the state experience factor for the succeeding
18calendar year shall be increased 1 percent absolute.
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 exceeds $750,000,000,
24the state experience factor for the succeeding year shall be
25reduced 1 percent absolute.
26    C. This subsection shall apply to the calendar year 1988

 

 

SB0072 Enrolled- 49 -LRB097 05652 RPM 45714 b

1and each calendar year thereafter, for which the state
2experience factor is being determined.
3        1. For every $50,000,000 (or fraction thereof) by which
4    the adjusted trust fund balance falls below the target
5    balance set forth in this subsection, the state experience
6    factor for the succeeding year shall be increased one
7    percent absolute.
8        For every $50,000,000 (or fraction thereof) by which
9    the adjusted trust fund balance exceeds the target balance
10    set forth in this subsection, the state experience factor
11    for the succeeding year shall be decreased by one percent
12    absolute.
13        The target balance in each calendar year prior to 2003
14    is $750,000,000. The target balance in calendar year 2003
15    is $920,000,000. The target balance in calendar year 2004
16    is $960,000,000. The target balance in calendar year 2005
17    and each calendar year thereafter is $1,000,000,000.
18        2. For the purposes of this subsection:
19        "Net trust fund balance" is the amount standing to the
20    credit of this State's account in the unemployment trust
21    fund as of June 30 of the calendar year immediately
22    preceding the year for which a state experience factor is
23    being determined.
24        "Adjusted trust fund balance" is the net trust fund
25    balance minus the sum of the benefit reserves for fund
26    building for July 1, 1987 through June 30 of the year prior

 

 

SB0072 Enrolled- 50 -LRB097 05652 RPM 45714 b

1    to the year for which the state experience factor is being
2    determined. The adjusted trust fund balance shall not be
3    less than zero. If the preceding calculation results in a
4    number which is less than zero, the amount by which it is
5    less than zero shall reduce the sum of the benefit reserves
6    for fund building for subsequent years.
7        For the purpose of determining the state experience
8    factor for 1989 and for each calendar year thereafter, the
9    following "benefit reserves for fund building" shall apply
10    for each state experience factor calculation in which that
11    12 month period is applicable:
12            a. For the 12 month period ending on June 30, 1988,
13        the "benefit reserve for fund building" shall be
14        8/104th of the total benefits paid from January 1, 1988
15        through June 30, 1988.
16            b. For the 12 month period ending on June 30, 1989,
17        the "benefit reserve for fund building" shall be the
18        sum of:
19                i. 8/104ths of the total benefits paid from
20            July 1, 1988 through December 31, 1988, plus
21                ii. 4/108ths of the total benefits paid from
22            January 1, 1989 through June 30, 1989.
23            c. For the 12 month period ending on June 30, 1990,
24        the "benefit reserve for fund building" shall be
25        4/108ths of the total benefits paid from July 1, 1989
26        through December 31, 1989.

 

 

SB0072 Enrolled- 51 -LRB097 05652 RPM 45714 b

1            d. For 1992 and for each calendar year thereafter,
2        the "benefit reserve for fund building" for the 12
3        month period ending on June 30, 1991 and for each
4        subsequent 12 month period shall be zero.
5        3. Notwithstanding the preceding provisions of this
6    subsection, for calendar years 1988 through 2003, the state
7    experience factor shall not be increased or decreased by
8    more than 15 percent absolute.
9    D. Notwithstanding the provisions of subsection C, the
10adjusted state experience factor:
11        1. Shall be 111 percent for calendar year 1988;
12        2. Shall not be less than 75 percent nor greater than
13    135 percent for calendar years 1989 through 2003; and shall
14    not be less than 75% nor greater than 150% for calendar
15    year 2004 and each calendar year thereafter, not counting
16    any increase pursuant to subsection D-1, D-2, or D-3;
17        3. Shall not be decreased by more than 5 percent
18    absolute for any calendar year, beginning in calendar year
19    1989 and through calendar year 1992, by more than 6%
20    absolute for calendar years 1993 through 1995, by more than
21    10% absolute for calendar years 1999 through 2003 and by
22    more than 12% absolute for calendar year 2004 and each
23    calendar year thereafter, from the adjusted state
24    experience factor of the calendar year preceding the
25    calendar year for which the adjusted state experience
26    factor is being determined;

 

 

SB0072 Enrolled- 52 -LRB097 05652 RPM 45714 b

1        4. Shall not be increased by more than 15% absolute for
2    calendar year 1993, by more than 14% absolute for calendar
3    years 1994 and 1995, by more than 10% absolute for calendar
4    years 1999 through 2003 and by more than 16% absolute for
5    calendar year 2004 and each calendar year thereafter, from
6    the adjusted state experience factor for the calendar year
7    preceding the calendar year for which the adjusted state
8    experience factor is being determined;
9        5. Shall be 100% for calendar years 1996, 1997, and
10    1998.
11    D-1. The adjusted state experience factor for each of
12calendar years 2013 through 2015 shall be increased by 5%
13absolute above the adjusted state experience factor as
14calculated without regard to this subsection. The adjusted
15state experience factor for each of calendar years 2016 through
162018 shall be increased by 6% absolute above the adjusted state
17experience factor as calculated without regard to this
18subsection. The increase in the adjusted state experience for
19calendar year 2018 pursuant to this subsection shall not be
20counted for purposes of applying paragraph 3 or 4 of subsection
21D to the calculation of the adjusted state experience factor
22for calendar year 2019.
23    D-2. The adjusted state experience factor for calendar year
242016 shall be increased by 19% absolute above the adjusted
25state experience factor as calculated without regard to this
26subsection. The increase in the adjusted state experience

 

 

SB0072 Enrolled- 53 -LRB097 05652 RPM 45714 b

1factor for calendar year 2016 pursuant to this subsection shall
2not be counted for purposes of applying paragraph 3 or 4 of
3subsection D to the calculation of the adjusted state
4experience factor for calendar year 2017.
5    D-3. The adjusted state experience factor for calendar year
62018 shall be increased by 19% absolute above the adjusted
7state experience factor as calculated without regard to this
8subsection. The increase in the adjusted state experience
9factor for calendar year 2018 pursuant to this subsection shall
10not be counted for purposes of applying paragraph 3 or 4 of
11subsection D to the calculation of the adjusted state
12experience factor for calendar year 2019.
13    E. The amount standing to the credit of this State's
14account in the unemployment trust fund as of June 30 shall be
15deemed to include as part thereof (a) any amount receivable on
16that date from any Federal governmental agency, or as a payment
17in lieu of contributions under the provisions of Sections 1403
18and 1405 B and paragraph 2 of Section 302C, in reimbursement of
19benefits paid to individuals, and (b) amounts credited by the
20Secretary of the Treasury of the United States to this State's
21account in the unemployment trust fund pursuant to Section 903
22of the Federal Social Security Act, as amended, including any
23such amounts which have been appropriated by the General
24Assembly in accordance with the provisions of Section 2100 B
25for expenses of administration, except any amounts which have
26been obligated on or before that date pursuant to such

 

 

SB0072 Enrolled- 54 -LRB097 05652 RPM 45714 b

1appropriation.
2(Source: P.A. 93-634, eff. 1-1-04.)
 
3    (820 ILCS 405/1506.1)  (from Ch. 48, par. 576.1)
4    Sec. 1506.1. Determination of Employer's Contribution
5Rate.
6    A. The contribution rate for any calendar year prior to
71982 of each employer who has incurred liability for the
8payment of contributions within each of the three calendar
9years immediately preceding the calendar year for which a rate
10is being determined shall be determined in accordance with the
11provisions of this Act as amended and in effect on October 5,
121980.
13    B. The contribution rate for calendar years 1982 and 1983
14of each employer who has incurred liability for the payment of
15contributions within each of the three calendar years
16immediately preceding the calendar year for which a rate is
17being determined shall be the product obtained by multiplying
18the employer's benefit wage ratio for that calendar year by the
19adjusted state experience factor for the same year, provided
20that:
21        1. No employer's contribution rate shall be lower than
22    two-tenths of 1 percent or higher than 5.3%; and
23        2. Intermediate contribution rates between such
24    minimum and maximum rates shall be at one-tenth of 1
25    percent intervals.

 

 

SB0072 Enrolled- 55 -LRB097 05652 RPM 45714 b

1        3. If the product obtained as provided in this
2    subsection is not an exact multiple of one-tenth of 1
3    percent, it shall be increased or reduced, as the case may
4    be, to the nearer multiple of one-tenth of 1 percent. If
5    such product is equally near to two multiples of one-tenth
6    of 1 percent, it shall be increased to the higher multiple
7    of one-tenth of 1 percent. If such product is less than
8    two-tenths of one percent, it shall be increased to
9    two-tenths of 1 percent, and if greater than 5.3%, it shall
10    be reduced to 5.3%.
11    The contribution rate of each employer for whom wages
12became benefit wages during the applicable period specified in
13Section 1503, but who paid no contributions upon wages for
14insured work during such period on or before the date
15designated in Section 1503, shall be 5.3%.
16    The contribution rate of each employer for whom no wages
17became benefit wages during the applicable period specified in
18Section 1503, and who paid no contributions upon wages for
19insured work during such period on or before the date specified
20in Section 1503, shall be 2.7 percent.
21    Notwithstanding the other provisions of this Section, no
22employer's contribution rate with respect to calendar years
231982 and 1983 shall exceed 2.7 percent of the wages for insured
24work paid by him during any calendar quarter, if such wages
25paid during such calendar quarter total less than $50,000.
26    C. The contribution rate for calendar years 1984, 1985 and

 

 

SB0072 Enrolled- 56 -LRB097 05652 RPM 45714 b

11986 of each employer who has incurred liability for the
2payment of contributions within each of the two calendar years
3immediately preceding the calendar year for which a rate is
4being determined shall be the product obtained by multiplying
5the employer's benefit wage ratio for that calendar year by the
6adjusted state experience factor for the same year, provided
7that:
8        1. An employer's minimum contribution rate shall be the
9    greater of: .2%; or, the product obtained by multiplying
10    .2% by the adjusted state experience factor for the
11    applicable calendar year.
12        2. An employer's maximum contribution rate shall be the
13    greater of 5.5% or the product of 5.5% and the adjusted
14    State experience factor for the applicable calendar year
15    except that such maximum contribution rate shall not be
16    higher than 6.3% for calendar year 1984, nor be higher than
17    6.6% or lower than 6.4% for calendar year 1985, nor be
18    higher than 6.7% or lower than 6.5% for calendar year 1986.
19        3. If any product obtained in this subsection is not an
20    exact multiple of one-tenth of one percent, it shall be
21    increased or reduced, as the case may be to the nearer
22    multiple of one-tenth of one percent. If such product is
23    equally near to two multiples of one-tenth of one percent,
24    it shall be increased to the higher multiple of one-tenth
25    of one percent.
26        4. Intermediate rates between such minimum and maximum

 

 

SB0072 Enrolled- 57 -LRB097 05652 RPM 45714 b

1    rates shall be at one-tenth of one percent intervals.
2    The contribution rate of each employer for whom wages
3became benefit wages during the applicable period specified in
4Section 1503, but who paid no contributions upon wages for
5insured work during such period on or before the date
6designated in Section 1503, shall be the maximum contribution
7rate as determined by paragraph 2 of this subsection. The
8contribution rate for each employer for whom no wages became
9benefit wages during the applicable period on or before the
10date specified in Section 1503, and who paid no contributions
11upon wages for insured work during such period on or before the
12date specified in Section 1503, shall be the greater of 2.7% or
132.7% times the then current adjusted state experience factor as
14determined by the Director in accordance with the provisions of
15Sections 1504 and 1505.
16    Notwithstanding, the other provisions of this Section, no
17employer's contribution rate with respect to the calendar year
181984 shall exceed 2.7 percent times the then current adjusted
19state experience factor as determined by the Director in
20accordance with the provisions of Sections 1504 and 1505 of the
21wages for insured work paid by him during any calendar quarter,
22if such wages paid during such calendar quarter total less than
23$50,000.
24    D. The contribution rate for calendar years 1987, 1988,
251989 and 1990 of each employer who has incurred liability for
26the payment of contributions within each of the three calendar

 

 

SB0072 Enrolled- 58 -LRB097 05652 RPM 45714 b

1years immediately preceding the calendar year for which a rate
2is being determined shall be the product obtained by
3multiplying the employer's benefit wage ratio for that calendar
4year by the adjusted state experience factor for the same year,
5provided, that:
6        1. An employer's minimum contribution rate shall be the
7    greater of .2% or the product obtained by multiplying .2%
8    by the adjusted State experience factor for the applicable
9    calendar year.
10        2. An employer's maximum contribution rate shall be the
11    greater of 5.5% or the product of 5.5% and the adjusted
12    State experience factor for the calendar year 1987 except
13    that such maximum contribution rate shall not be higher
14    than 6.7% or lower than 6.5% and an employer's maximum
15    contribution rate for 1988, 1989 and 1990 shall be the
16    greater of 6.4% or the product of 6.4% and the adjusted
17    State experience factor for the applicable calendar year.
18        3. If any product obtained in this subsection is not an
19    exact multiple of one-tenth of one percent, it shall be
20    increased or reduced, as the case may be to the nearer
21    multiple of one-tenth of 1 percent. If such product is
22    equally near to two multiples of one-tenth of 1 percent, it
23    shall be increased to the higher multiple of one-tenth of 1
24    percent.
25        4. Intermediate rates between such minimum and maximum
26    rates shall be at one-tenth of 1 percent intervals.

 

 

SB0072 Enrolled- 59 -LRB097 05652 RPM 45714 b

1    The contribution rate of each employer for whom wages
2became benefit wages during the applicable period specified in
3Section 1503, but who did not report wages for insured work
4during such period, shall be the maximum contribution rate as
5determined by paragraph 2 of this subsection. The contribution
6rate for each employer for whom no wages became benefit wages
7during the applicable period specified in Section 1503, and who
8did not report wages for insured work during such period, shall
9be the greater of 2.7% or 2.7% times the then current adjusted
10State experience factor as determined by the Director in
11accordance with the provisions of Sections 1504 and 1505.
12    E. The contribution rate for calendar year 1991 and each
13calendar year thereafter of each employer who has incurred
14liability for the payment of contributions within each of the
15three calendar years immediately preceding the calendar year
16for which a rate is being determined shall be the product
17obtained by multiplying the employer's benefit ratio defined by
18Section 1503.1 for that calendar year by the adjusted state
19experience factor for the same year, provided that:
20        1. Except as otherwise provided in this paragraph, an
21    employer's minimum contribution rate shall be the greater
22    of 0.2% or the product obtained by multiplying 0.2% by the
23    adjusted state experience factor for the applicable
24    calendar year. An employer's minimum contribution rate
25    shall be 0.1% for calendar year 1996. An employer's minimum
26    contribution rate shall be 0.0% for calendar years 2012

 

 

SB0072 Enrolled- 60 -LRB097 05652 RPM 45714 b

1    through 2019.
2        2. An employer's maximum contribution rate shall be the
3    greater of 6.4% or the product of 6.4% and the adjusted
4    state experience factor for the applicable calendar year.
5        3. If any product obtained in this subsection is not an
6    exact multiple of one-tenth of one percent, it shall be
7    increased or reduced, as the case may be to the nearer
8    multiple of one-tenth of one percent. If such product is
9    equally near to two multiples of one-tenth of one percent,
10    it shall be increased to the higher multiple of one-tenth
11    of one percent.
12        4. Intermediate rates between such minimum and maximum
13    rates shall be at one-tenth of one percent intervals.
14    The contribution rate of each employer for whom wages
15became benefit wages during the applicable period specified in
16Section 1503 or for whom benefit payments became benefit
17charges during the applicable period specified in Section
181503.1, but who did not report wages for insured work during
19such period, shall be the maximum contribution rate as
20determined by paragraph 2 of this subsection. The contribution
21rate for each employer for whom no wages became benefit wages
22during the applicable period specified in Section 1503 or for
23whom no benefit payments became benefit charges during the
24applicable period specified in Section 1503.1, and who did not
25report wages for insured work during such period, shall be the
26greater of 2.7% or 2.7% times the then current adjusted state

 

 

SB0072 Enrolled- 61 -LRB097 05652 RPM 45714 b

1experience factor as determined by the Director in accordance
2with the provisions of Sections 1504 and 1505.
3    F. Notwithstanding the other provisions of this Section,
4and pursuant to Section 271 of the Tax Equity and Fiscal
5Responsibility Act of 1982, as amended, no employer's
6contribution rate with respect to calendar years 1985, 1986,
71987 and 1988 shall, for any calendar quarter during which the
8wages paid by that employer are less than $50,000, exceed the
9following: with respect to calendar year 1985, 3.7%; with
10respect to calendar year 1986, 4.1%; with respect to calendar
11year 1987, 4.5%; and with respect to calendar year 1988, 5.0%.
12    G. Notwithstanding the other provisions of this Section, no
13employer's contribution rate with respect to calendar year 1989
14and each calendar year thereafter shall exceed 5.4% of the
15wages for insured work paid by him during any calendar quarter,
16if such wages paid during such calendar quarter total less than
17$50,000, plus any applicable penalty contribution rate
18calculated pursuant to subsection C of Section 1507.1.
19(Source: P.A. 94-301, eff. 1-1-06.)
 
20    (820 ILCS 405/1506.3)  (from Ch. 48, par. 576.3)
21    Sec. 1506.3. Fund building rates - Temporary
22Administrative Funding.
23    A. Notwithstanding any other provision of this Act, the
24following fund building rates shall be in effect for the
25following calendar years:

 

 

SB0072 Enrolled- 62 -LRB097 05652 RPM 45714 b

1    For each employer whose contribution rate for 1988, 1989,
21990, the first, third, and fourth quarters of 1991, 1992,
31993, 1994, 1995, and 1997 through 2003 would, in the absence
4of this Section, be 0.2% or higher, a contribution rate which
5is the sum of such rate and a fund building rate of 0.4%;
6    For each employer whose contribution rate for the second
7quarter of 1991 would, in the absence of this Section, be 0.2%
8or higher, a contribution rate which is the sum of such rate
9and 0.3%;
10    For each employer whose contribution rate for 1996 would,
11in the absence of this Section, be 0.1% or higher, a
12contribution rate which is the sum of such rate and 0.4%;
13     For each employer whose contribution rate for 2004 through
142009 would, in the absence of this Section, be 0.2% or higher,
15a contribution rate which is the sum of such rate and the
16following: a fund building rate of 0.7% for 2004; a fund
17building rate of 0.9% for 2005; a fund building rate of 0.8%
18for 2006 and 2007; a fund building rate of 0.6% for 2008; a
19fund building rate of 0.4% for 2009.
20    Except as otherwise provided in this Section, for For each
21employer whose contribution rate for 2010 and any calendar year
22thereafter is determined pursuant to Section 1500 or 1506.1,
23including but not limited to an employer whose contribution
24rate pursuant to Section 1506.1 is 0.0% would, in the absence
25of this Section, be 0.2% or higher, a contribution rate which
26is the sum of the rate determined pursuant to Section 1500 or

 

 

SB0072 Enrolled- 63 -LRB097 05652 RPM 45714 b

11506.1 such rate and a fund building rate equal to the sum of
2the rate adjustment applicable to that year pursuant to Section
31400.1, plus the fund building rate in effect pursuant to this
4Section for the immediately preceding calendar year.
5    For calendar year 2012 and any outstanding bond year
6thereafter, for each employer whose contribution rate is
7determined pursuant to Section 1500 or 1506.1, including but
8not limited to an employer whose contribution rate pursuant to
9Section 1506.1 is 0.0%, a contribution rate which is the sum of
10the rate determined pursuant to Section 1500 or 1506.1 and
11.55%. For purposes of this subsection, a calendar year is an
12outstanding bond year if, as of October 31 of the immediately
13preceding calendar year, there are bonds outstanding pursuant
14to the Illinois Unemployment Insurance Trust Fund Financing
15Act.
16    Notwithstanding any provision to the contrary, the fund
17building rate in effect for any calendar year after calendar
18year 2009 shall not be less than 0.4% or greater than 0.55%.
19Notwithstanding any other provision to the contrary, the fund
20building rate established pursuant to this Section shall not
21apply with respect to the first quarter of calendar year 2011.
22The changes made to Section 235 by this amendatory Act of the
2397th General Assembly are intended to offset the loss of
24revenue to the State's account in the unemployment trust fund
25with respect to the first quarter of calendar year 2011 as a
26result of Section 1506.5 and the changes made to this Section

 

 

SB0072 Enrolled- 64 -LRB097 05652 RPM 45714 b

1by this amendatory Act of the 97th General Assembly.
2    Notwithstanding the preceding paragraphs of this Section
3or any other provision of this Act, except for the provisions
4contained in Section 1500 pertaining to rates applicable to
5employers classified under the Standard Industrial Code, or
6another classification system sanctioned by the United States
7Department of Labor and prescribed by the Director by rule, no
8employer whose total wages for insured work paid by him during
9any calendar quarter in 1988 and any calendar year thereafter
10are less than $50,000 shall pay contributions at a rate with
11respect to such quarter which exceeds the following: with
12respect to calendar year 1988, 5%; with respect to 1989 and any
13calendar year thereafter, 5.4%, plus any penalty contribution
14rate calculated pursuant to subsection C of Section 1507.1.
15    Notwithstanding the preceding paragraph of this Section,
16or any other provision of this Act, no employer's contribution
17rate with respect to calendar years 1993 through 1995 shall
18exceed 5.4% if the employer ceased operations at an Illinois
19manufacturing facility in 1991 and remained closed at that
20facility during all of 1992, and the employer in 1993 commits
21to invest at least $5,000,000 for the purpose of resuming
22operations at that facility, and the employer rehires during
231993 at least 250 of the individuals employed by it at that
24facility during the one year period prior to the cessation of
25its operations, provided that, within 30 days after the
26effective date of this amendatory Act of 1993, the employer

 

 

SB0072 Enrolled- 65 -LRB097 05652 RPM 45714 b

1makes application to the Department to have the provisions of
2this paragraph apply to it. The immediately preceding sentence
3shall be null and void with respect to an employer which by
4December 31, 1993 has not satisfied the rehiring requirement
5specified by this paragraph or which by December 31, 1994 has
6not made the investment specified by this paragraph.
7     All payments attributable to the fund building rate
8established pursuant to this Section with respect to the first
9fourth quarter of calendar year 2013 2003, the first quarter of
10calendar year 2004 and any calendar quarter thereafter as of
11the close of which there are either bond obligations
12outstanding pursuant to the Illinois Unemployment Insurance
13Trust Fund Financing Act, or bond obligations anticipated to be
14outstanding as of either or both of the 2 immediately
15succeeding calendar quarters, shall be directed for deposit
16into the Master Bond Fund. Notwithstanding any other provision
17of this subsection, no fund building rate shall be added to any
18penalty contribution rate assessed pursuant to subsection C of
19Section 1507.1.
20    B. Notwithstanding any other provision of this Act, for the
21second quarter of 1991, the contribution rate of each employer
22as determined in accordance with Sections 1500, 1506.1, and
23subsection A of this Section shall be equal to the sum of such
24rate and 0.1%; provided that this subsection shall not apply to
25any employer whose rate computed under Section 1506.1 for such
26quarter is between 5.1% and 5.3%, inclusive, and who qualifies

 

 

SB0072 Enrolled- 66 -LRB097 05652 RPM 45714 b

1for the 5.4% rate ceiling imposed by the last paragraph of
2subsection A for such quarter. All payments made pursuant to
3this subsection shall be deposited in the Employment Security
4Administrative Fund established under Section 2103.1 and used
5for the administration of this Act.
6    C. Payments received by the Director which are insufficient
7to pay the total contributions due under the Act shall be first
8applied to satisfy the amount due pursuant to subsection B.
9    C-1. Payments received by the Director with respect to the
10first fourth quarter of calendar year 2013 2003, the first
11quarter of calendar year 2004 and any calendar quarter
12thereafter as of the close of which there are either bond
13obligations outstanding pursuant to the Illinois Unemployment
14Insurance Trust Fund Financing Act, or bond obligations
15anticipated to be outstanding as of either or both of the 2
16immediately succeeding calendar quarters, shall, to the extent
17they are insufficient to pay the total amount due under the Act
18with respect to the quarter, be first applied to satisfy the
19amount due with respect to that quarter and attributable to the
20fund building rate established pursuant to this Section.
21Notwithstanding any other provision to the contrary, with
22respect to an employer whose contribution rate with respect to
23a quarter subject to this subsection would have exceeded 5.4%
24but for the 5.4% rate ceiling imposed pursuant to subsection A,
25the amount due from the employer with respect to that quarter
26and attributable to the fund building rate established pursuant

 

 

SB0072 Enrolled- 67 -LRB097 05652 RPM 45714 b

1to subsection A shall equal the amount, if any, by which the
2amount due and attributable to the 5.4% rate exceeds the amount
3that would have been due and attributable to the employer's
4rate determined pursuant to Sections 1500 and 1506.1, without
5regard to the fund building rate established pursuant to
6subsection A.
7    D. All provisions of this Act applicable to the collection
8or refund of any contribution due under this Act shall be
9applicable to the collection or refund of amounts due pursuant
10to subsection B and amounts directed pursuant to this Section
11for deposit into the Master Bond Fund to the extent they would
12not otherwise be considered as contributions.
13(Source: P.A. 97-1, eff. 3-31-11.)
 
14    (820 ILCS 405/1506.6 new)
15    Sec. 1506.6. Surcharge; specified period. For each
16employer whose contribution rate for calendar year 2016 or 2018
17is determined pursuant to Section 1500 or 1506.1, including but
18not limited to an employer whose contribution rate pursuant to
19Section 1506.1 is 0.0%, in addition to the contribution rate
20established pursuant to Section 1506.3, an additional
21surcharge of 0.3% shall be added to the contribution rate. The
22surcharge established by this Section shall be due at the same
23time as other contributions with respect to the quarter are
24due, as provided in Section 1400. Payments attributable to the
25surcharge established pursuant to this Section shall be

 

 

SB0072 Enrolled- 68 -LRB097 05652 RPM 45714 b

1contributions and deposited into the clearing account.
 
2    (820 ILCS 405/1510)  (from Ch. 48, par. 580)
3    Sec. 1510. Service of notice.
4    Whenever service of notice is required by Sections 1508 and
51509, such notice may be given and be complete by depositing
6the same with the United States Mail, addressed to the employer
7at his last known address. If represented by counsel in the
8proceedings before the Director, then service of notice may be
9made upon such employer by mailing same to such counsel. If
10agreed to by the person or entity entitled to notice, notice
11may be given and completed electronically, in the manner
12prescribed by rule, by posting the notice on a secure web site
13accessible to the person or entity and sending notice of the
14posting to the last known e-mail address of the person or
15entity.
16(Source: Laws 1951, p. 32.)
 
17    (820 ILCS 405/1705)  (from Ch. 48, par. 615)
18    Sec. 1705. Employment offices; State employment service.
19The Director shall create as many employment districts and
20establish and maintain as many State employment offices as he
21or she deems necessary to carry out the provisions of this Act.
22In addition to such offices and branches, the Illinois Public
23Employment Offices now in existence and such as may hereafter
24be created pursuant to the provisions of the Public Employment

 

 

SB0072 Enrolled- 69 -LRB097 05652 RPM 45714 b

1Office Act shall also serve as employment offices within the
2purview of this Act. All such offices and agencies so created
3and established, together with the Illinois Public Employment
4offices, shall constitute the State employment service within
5the meaning of this Act. The Department of Employment Security
6and the Director thereof may continue to be the State agency
7for cooperation with the United States Employment Service under
8an Act of Congress entitled "An Act to provide for the
9establishment of a national employment system and for
10cooperation with the States in the promotion of such system,
11and for other purposes," approved June 6, 1933, as amended.
12    The Director may cooperate with or enter into agreements
13with the Railroad Retirement Board with respect to the
14establishment, maintenance, and use of free employment service
15facilities. For the purpose of establishing and maintaining
16free public employment offices, the Director is authorized to
17enter into agreements with the Railroad Retirement Board, or
18any other agency of the United States charged with the
19administration of an unemployment compensation law, or with any
20political subdivision of this State, and as a part of any such
21agreement the Director may accept moneys, services, or quarters
22as a contribution, to be treated in the same manner as funds
23received pursuant to Section 2103.
24    Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of the
25general election law of the State, the Director shall make
26unemployment offices available for use as temporary places of

 

 

SB0072 Enrolled- 70 -LRB097 05652 RPM 45714 b

1registration. Registration within the offices shall be in the
2most public, orderly, and convenient portions thereof, and
3Sections 4-3, 5-3, and 11-4 of the general election law
4relative to the attendance of police officers during the
5conduct of registration shall apply. Registration under this
6Section shall be made in the manner provided by Sections 4-8,
74-10, 5-7, 5-9, 6-34, 6-35, and 6-37 of the general election
8law. Employees of the Department in those offices are eligible
9to serve as deputy registrars.
10(Source: P.A. 90-372, eff. 7-1-98.)
 
11    (820 ILCS 405/1801.1)
12    Sec. 1801.1. Directory of New Hires.
13    A. The Director shall establish and operate an automated
14directory of newly hired employees which shall be known as the
15"Illinois Directory of New Hires" which shall contain the
16information required to be reported by employers to the
17Department under subsection B. In the administration of the
18Directory, the Director shall comply with any requirements
19concerning the Employer New Hire Reporting Program established
20by the federal Personal Responsibility and Work Opportunity
21Reconciliation Act of 1996. The Director is authorized to use
22the information contained in the Directory of New Hires to
23administer any of the provisions of this Act.
24    B. Each On and after October 1, 1997, each employer in
25Illinois, except a department, agency, or instrumentality of

 

 

SB0072 Enrolled- 71 -LRB097 05652 RPM 45714 b

1the United States, shall file with the Department a report in
2accordance with rules adopted by the Department (but in any
3event not later than 20 days after the date the employer hires
4the employee or, in the case of an employer transmitting
5reports magnetically or electronically, by 2 monthly
6transmissions, if necessary, not less than 12 days nor more
7than 16 days apart) providing the following information
8concerning each newly hired employee: the employee's name,
9address, and social security number, the date services for
10remuneration were first performed by the employee, and the
11employer's name, address, Federal Employer Identification
12Number assigned under Section 6109 of the Internal Revenue Code
13of 1986, and such other information as may be required by
14federal law or regulation, provided that each employer may
15voluntarily file the date of new hire, and the address to which
16the employer wants income withholding orders to be mailed, if
17it is different from the address given on the Federal Employer
18Identification Number. An employer in Illinois which transmits
19its reports electronically or magnetically and which also has
20employees in another state may report all newly hired employees
21to a single designated state in which the employer has
22employees if it has so notified the Secretary of the United
23States Department of Health and Human Services in writing. An
24employer may, at its option, submit information regarding any
25rehired employee in the same manner as information is submitted
26regarding a newly hired employee. Each report required under

 

 

SB0072 Enrolled- 72 -LRB097 05652 RPM 45714 b

1this subsection shall, to the extent practicable, be made on an
2Internal Revenue Service Form W-4 or, at the option of the
3employer, an equivalent form, and may be transmitted by first
4class mail, by telefax, magnetically, or electronically.
5    C. An employer which knowingly fails to comply with the
6reporting requirements established by this Section shall be
7subject to a civil penalty of $15 for each individual whom it
8fails to report. An employer shall be considered to have
9knowingly failed to comply with the reporting requirements
10established by this Section with respect to an individual if
11the employer has been notified by the Department that it has
12failed to report an individual, and it fails, without
13reasonable cause, to supply the required information to the
14Department within 21 days after the date of mailing of the
15notice. Any individual who knowingly conspires with the newly
16hired employee to cause the employer to fail to report the
17information required by this Section or who knowingly conspires
18with the newly hired employee to cause the employer to file a
19false or incomplete report shall be guilty of a Class B
20misdemeanor with a fine not to exceed $500 with respect to each
21employee with whom the individual so conspires.
22    D. As used in this Section, "newly hired employee" means an
23individual who is an employee within the meaning of Chapter 24
24of the Internal Revenue Code of 1986, and whose reporting to
25work which results in earnings from the employer is the first
26instance within the preceding 180 days that the individual has

 

 

SB0072 Enrolled- 73 -LRB097 05652 RPM 45714 b

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

 

 

SB0072 Enrolled- 74 -LRB097 05652 RPM 45714 b

1        3. not be used in any court in any pending action or
2    proceeding,
3        4. not be admissible in evidence in any action or
4    proceeding other than one arising out of this Act.
5    B. No finding, determination, decision, ruling or order
6(including any finding of fact, statement or conclusion made
7therein) issued pursuant to this Act shall be admissible or
8used in evidence in any action other than one arising out of
9this Act, nor shall it be binding or conclusive except as
10provided in this Act, nor shall it constitute res judicata,
11regardless of whether the actions were between the same or
12related parties or involved the same facts.
13    C. Any officer or employee of this State, any officer or
14employee of any entity authorized to obtain information
15pursuant to this Section, and any agent of this State or of
16such entity who, except with authority of the Director under
17this Section, shall disclose information shall be guilty of a
18Class B misdemeanor and shall be disqualified from holding any
19appointment or employment by the State.
20    D. An individual or his duly authorized agent may be
21supplied with information from records only to the extent
22necessary for the proper presentation of his claim for benefits
23or with his existing or prospective rights to benefits.
24Discretion to disclose this information belongs solely to the
25Director and is not subject to a release or waiver by the
26individual. Notwithstanding any other provision to the

 

 

SB0072 Enrolled- 75 -LRB097 05652 RPM 45714 b

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

 

 

SB0072 Enrolled- 76 -LRB097 05652 RPM 45714 b

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

 

 

SB0072 Enrolled- 77 -LRB097 05652 RPM 45714 b

1    reimbursable basis to any State or local child support
2    enforcement agency required by Section 303(e); and
3        7. any information required under the income
4    eligibility and verification system as required by Section
5    303(f); and
6        8. information that might be useful in locating an
7    absent parent or that parent's employer, establishing
8    paternity or establishing, modifying, or enforcing child
9    support orders for the purpose of a child support
10    enforcement program under Title IV of the Social Security
11    Act upon the request of and on a reimbursable basis to the
12    public agency administering the Federal Parent Locator
13    Service as required by Section 303(h); and
14        9. information, upon request, to representatives of
15    any federal, State or local governmental public housing
16    agency with respect to individuals who have signed the
17    appropriate consent form approved by the Secretary of
18    Housing and Urban Development and who are applying for or
19    participating in any housing assistance program
20    administered by the United States Department of Housing and
21    Urban Development as required by Section 303(i).
22    I. The Director, upon the request of a public agency of
23Illinois, of the federal government or of any other state
24charged with the investigation or enforcement of Section 10-5
25of the Criminal Code of 1961 (or a similar federal law or
26similar law of another State), may furnish the public agency

 

 

SB0072 Enrolled- 78 -LRB097 05652 RPM 45714 b

1information regarding the individual specified in the request
2as to:
3        1. the current or most recent home address of the
4    individual, and
5        2. the names and addresses of the individual's
6    employers.
7    J. Nothing in this Section shall be deemed to interfere
8with the disclosure of certain records as provided for in
9Section 1706 or with the right to make available to the
10Internal Revenue Service of the United States Department of the
11Treasury, or the Department of Revenue of the State of
12Illinois, information obtained under this Act.
13    K. The Department shall make available to the Illinois
14Student Assistance Commission, upon request, information in
15the possession of the Department that may be necessary or
16useful to the Commission in the collection of defaulted or
17delinquent student loans which the Commission administers.
18    L. The Department shall make available to the State
19Employees' Retirement System, the State Universities
20Retirement System, and the Teachers' Retirement System of the
21State of Illinois, and the Department of Central Management
22Services, Risk Management Division, upon request, information
23in the possession of the Department that may be necessary or
24useful to the System or the Risk Management Division for the
25purpose of determining whether any recipient of a disability
26benefit from the System or a workers' compensation benefit from

 

 

SB0072 Enrolled- 79 -LRB097 05652 RPM 45714 b

1the Risk Management Division is gainfully employed.
2    M. This Section shall be applicable to the information
3obtained in the administration of the State employment service,
4except that the Director may publish or release general labor
5market information and may furnish information that he may deem
6proper to an individual, public officer or public agency of
7this or any other State or the federal government (in addition
8to those public officers or public agencies specified in this
9Section) as he prescribes by Rule.
10    N. The Director may require such safeguards as he deems
11proper to insure that information disclosed pursuant to this
12Section is used only for the purposes set forth in this
13Section.
14    O. Nothing in this Section prohibits communication with an
15individual or entity through unencrypted e-mail or other
16unencrypted electronic means as long as the communication does
17not contain the individual's or entity's name in combination
18with any one or more of the individual's or entity's social
19security number; driver's license or State identification
20number; account number or credit or debit card number; or any
21required security code, access code, or password that would
22permit access to further information pertaining to the
23individual or entity (Blank).
24    P. Within 30 days after the effective date of this
25amendatory Act of 1993 and annually thereafter, the Department
26shall provide to the Department of Financial Institutions a

 

 

SB0072 Enrolled- 80 -LRB097 05652 RPM 45714 b

1list of individuals or entities that, for the most recently
2completed calendar year, report to the Department as paying
3wages to workers. The lists shall be deemed confidential and
4may not be disclosed to any other person.
5    Q. The Director shall make available to an elected federal
6official the name and address of an individual or entity that
7is located within the jurisdiction from which the official was
8elected and that, for the most recently completed calendar
9year, has reported to the Department as paying wages to
10workers, where the information will be used in connection with
11the official duties of the official and the official requests
12the information in writing, specifying the purposes for which
13it will be used. For purposes of this subsection, the use of
14information in connection with the official duties of an
15official does not include use of the information in connection
16with the solicitation of contributions or expenditures, in
17money or in kind, to or on behalf of a candidate for public or
18political office or a political party or with respect to a
19public question, as defined in Section 1-3 of the Election
20Code, or in connection with any commercial solicitation. Any
21elected federal official who, in submitting a request for
22information covered by this subsection, knowingly makes a false
23statement or fails to disclose a material fact, with the intent
24to obtain the information for a purpose not authorized by this
25subsection, shall be guilty of a Class B misdemeanor.
26    R. The Director may provide to any State or local child

 

 

SB0072 Enrolled- 81 -LRB097 05652 RPM 45714 b

1support agency, upon request and on a reimbursable basis,
2information that might be useful in locating an absent parent
3or that parent's employer, establishing paternity, or
4establishing, modifying, or enforcing child support orders.
5    S. The Department shall make available to a State's
6Attorney of this State or a State's Attorney's investigator,
7upon request, the current address or, if the current address is
8unavailable, current employer information, if available, of a
9victim of a felony or a witness to a felony or a person against
10whom an arrest warrant is outstanding.
11    T. The Director shall make available to the Department of
12State Police, a county sheriff's office, or a municipal police
13department, upon request, any information concerning the
14current address and place of employment or former places of
15employment of a person who is required to register as a sex
16offender under the Sex Offender Registration Act that may be
17useful in enforcing the registration provisions of that Act.
18(Source: P.A. 96-420, eff. 8-13-09.)
 
19    (820 ILCS 405/2100)  (from Ch. 48, par. 660)
20    Sec. 2100. Handling of funds - Bond - Accounts.
21    A. All contributions and payments in lieu of contributions
22collected under this Act, including but not limited to fund
23building receipts and receipts attributable to the surcharge
24established pursuant to Section 1506.5, together with any
25interest thereon; all penalties collected pursuant to this Act;

 

 

SB0072 Enrolled- 82 -LRB097 05652 RPM 45714 b

1any property or securities acquired through the use thereof;
2all moneys advanced to this State's account in the unemployment
3trust fund pursuant to the provisions of Title XII of the
4Social Security Act, as amended; all moneys directed for
5transfer from the Master Bond Fund or the Title XII Interest
6Fund to this State's account in the unemployment trust fund;
7all moneys received from the Federal government as
8reimbursements pursuant to Section 204 of the Federal-State
9Extended Unemployment Compensation Act of 1970, as amended; all
10moneys credited to this State's account in the unemployment
11trust fund pursuant to Section 903 of the Federal Social
12Security Act, as amended; all administrative fees collected
13from individuals pursuant to Section 900 or from employing
14units pursuant to Section 2206.1; and all earnings of such
15property or securities and any interest earned upon any such
16moneys shall be paid or turned over to and held by the
17Director, as ex-officio custodian of the clearing account, the
18unemployment trust fund account and the benefit account, and by
19the State Treasurer, as ex-officio custodian of the special
20administrative account, separate and apart from all public
21moneys or funds of this State, as hereinafter provided. Such
22moneys shall be administered by the Director exclusively for
23the purposes of this Act.
24    No such moneys shall be paid or expended except upon the
25direction of the Director in accordance with such regulations
26as he shall prescribe pursuant to the provisions of this Act.

 

 

SB0072 Enrolled- 83 -LRB097 05652 RPM 45714 b

1    The State Treasurer shall be liable on his general official
2bond for the faithful performance of his duties in connection
3with the moneys in the special administrative account provided
4for under this Act. Such liability on his official bond shall
5exist in addition to the liability upon any separate bond given
6by him. All sums recovered for losses sustained by the account
7shall be deposited in that account.
8    The Director shall be liable on his general official bond
9for the faithful performance of his duties in connection with
10the moneys in the clearing account, the benefit account and
11unemployment trust fund account provided for under this Act.
12Such liability on his official bond shall exist in addition to
13the liability upon any separate bond given by him. All sums
14recovered for losses sustained by any one of the accounts shall
15be deposited in the account that sustained such loss.
16    The Treasurer shall maintain for such moneys a special
17administrative account. The Director shall maintain for such
18moneys 3 separate accounts: a clearing account, a benefit
19account and an unemployment trust fund account. All moneys
20payable under this Act (except moneys requisitioned from this
21State's account in the unemployment trust fund and deposited in
22the benefit account and moneys directed for deposit into the
23Special Programs Fund provided for under Section 2107),
24including but not limited to moneys directed for transfer from
25the Master Bond Fund or the Title XII Interest Fund to this
26State's account in the unemployment trust fund, upon receipt

 

 

SB0072 Enrolled- 84 -LRB097 05652 RPM 45714 b

1thereof by the Director, shall be immediately deposited in the
2clearing account; provided, however, that, except as is
3otherwise provided in this Section, interest and penalties
4shall not be deemed a part of the clearing account but shall be
5transferred immediately upon clearance thereof to the special
6administrative account; further provided that an amount not to
7exceed $90,000,000 in payments attributable to the surcharge
8established pursuant to Section 1506.5, including any interest
9thereon, shall not be deemed a part of the clearing account but
10shall be transferred immediately upon clearance thereof to the
11Title XII Interest Fund.
12    After clearance thereof, all other moneys in the clearing
13account shall be immediately deposited by the Director with the
14Secretary of the Treasury of the United States of America to
15the credit of the account of this State in the unemployment
16trust fund, established and maintained pursuant to the Federal
17Social Security Act, as amended, except fund building receipts,
18which shall be deposited into the Master Bond Fund. The benefit
19account shall consist of all moneys requisitioned from this
20State's account in the unemployment trust fund. The moneys in
21the benefit account shall be expended in accordance with
22regulations prescribed by the Director and solely for the
23payment of benefits, refunds of contributions, interest and
24penalties under the provisions of the Act, the payment of
25health insurance in accordance with Section 410 of this Act,
26and the transfer or payment of funds to any Federal or State

 

 

SB0072 Enrolled- 85 -LRB097 05652 RPM 45714 b

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

 

 

SB0072 Enrolled- 86 -LRB097 05652 RPM 45714 b

1clearance thereof, the amount so retained shall be immediately
2deposited by the Director, as are all other moneys in the
3clearing account, with the Secretary of the Treasury of the
4United States. If, at any time, an insufficient amount of
5interest and penalties is available for retention in the
6clearing account, no refund of interest or penalties shall be
7made from the benefit account until a sufficient amount is
8available for retention and is so retained, or until the State
9Treasurer, upon the direction of the Director, transfers to the
10Director a sufficient amount from the special administrative
11account, for immediate deposit in the benefit account.
12    Any balance of moneys requisitioned from the unemployment
13trust fund which remains unclaimed or unpaid in the benefit
14account after the expiration of the period for which such sums
15were requisitioned shall either be deducted from estimates of
16and may be utilized for authorized expenditures during
17succeeding periods, or, in the discretion of the Director,
18shall be redeposited with the Secretary of the Treasury of the
19United States to the credit of the State's account in the
20unemployment trust fund.
21    Moneys in the clearing, benefit and special administrative
22accounts shall not be commingled with other State funds but
23they shall be deposited as required by law and maintained in
24separate accounts on the books of a savings and loan
25association or bank.
26    No bank or savings and loan association shall receive

 

 

SB0072 Enrolled- 87 -LRB097 05652 RPM 45714 b

1public funds as permitted by this Section, unless it has
2complied with the requirements established pursuant to Section
36 of "An Act relating to certain investments of public funds by
4public agencies", approved July 23, 1943, as now or hereafter
5amended.
6    B. Moneys credited to the account of this State in the
7unemployment trust fund by the Secretary of the Treasury of the
8United States pursuant to Section 903 of the Social Security
9Act may be requisitioned from this State's account and used as
10authorized by Section 903. Any interest required to be paid on
11advances under Title XII of the Social Security Act shall be
12paid in a timely manner and shall not be paid, directly or
13indirectly, by an equivalent reduction in contributions or
14payments in lieu of contributions from amounts in this State's
15account in the unemployment trust fund. Such moneys may be
16requisitioned and used for the payment of expenses incurred for
17the administration of this Act, but only pursuant to a specific
18appropriation by the General Assembly and only if the expenses
19are incurred and the moneys are requisitioned after the
20enactment of an appropriation law which:
21        1. Specifies the purpose or purposes for which such
22    moneys are appropriated and the amount or amounts
23    appropriated therefor;
24        2. Limits the period within which such moneys may be
25    obligated to a period ending not more than 2 years after
26    the date of the enactment of the appropriation law; and

 

 

SB0072 Enrolled- 88 -LRB097 05652 RPM 45714 b

1        3. Limits the amount which may be obligated during any
2    fiscal year to an amount which does not exceed the amount
3    by which (a) the aggregate of the amounts transferred to
4    the account of this State pursuant to Section 903 of the
5    Social Security Act exceeds (b) the aggregate of the
6    amounts used by this State pursuant to this Act and charged
7    against the amounts transferred to the account of this
8    State.
9    For purposes of paragraph (3) above, amounts obligated for
10administrative purposes pursuant to an appropriation shall be
11chargeable against transferred amounts at the exact time the
12obligation is entered into. The appropriation, obligation, and
13expenditure or other disposition of money appropriated under
14this subsection shall be accounted for in accordance with
15standards established by the United States Secretary of Labor.
16    Moneys appropriated as provided herein for the payment of
17expenses of administration shall be requisitioned by the
18Director as needed for the payment of obligations incurred
19under such appropriation. Upon requisition, such moneys shall
20be deposited with the State Treasurer, who shall hold such
21moneys, as ex-officio custodian thereof, in accordance with the
22requirements of Section 2103 and, upon the direction of the
23Director, shall make payments therefrom pursuant to such
24appropriation. Moneys so deposited shall, until expended,
25remain a part of the unemployment trust fund and, if any will
26not be expended, shall be returned promptly to the account of

 

 

SB0072 Enrolled- 89 -LRB097 05652 RPM 45714 b

1this State in the unemployment trust fund.
2    C. The Governor is authorized to apply to the United States
3Secretary of Labor for an advance or advances to this State's
4account in the unemployment trust fund pursuant to the
5conditions set forth in Title XII of the Federal Social
6Security Act, as amended. The amount of any such advance may be
7repaid from this State's account in the unemployment trust
8fund.
9    D. The Director shall annually on or before the first day
10of March report in writing to the Employment Security Advisory
11Board concerning the deposits into and expenditures from this
12State's account in the Unemployment Trust Fund.
13(Source: P.A. 97-1, eff. 3-31-11.)
 
14    (820 ILCS 405/2203)  (from Ch. 48, par. 683)
15    Sec. 2203. Service of notice-Place of hearing-By whom
16conducted.
17    Whenever service of notice is required by Sections 2200 or
182201, such notice shall be deemed to have been served when
19deposited with the United States certified or registered mail
20addressed to the employing unit at its principal place of
21business, or its last known place of business or residence, or
22may be served by any person of full age in the same manner as is
23provided by statute for service of process in civil cases. If
24represented by counsel in the proceedings before the Director,
25then service of notice may be made upon such employing unit by

 

 

SB0072 Enrolled- 90 -LRB097 05652 RPM 45714 b

1mailing same to such counsel. If agreed to by the person or
2entity entitled to notice, notice may be given and completed
3electronically, in the manner prescribed by rule, by posting
4the notice on a secure web site accessible to the person or
5entity and sending notice of the posting to the last known
6e-mail address of the person or entity. All hearings provided
7for in Sections 2200 and 2201 shall be held in the county
8wherein the employing unit has its principal place of business
9in this State, provided that if the employing unit has no
10principal place of business in this State, such hearing may be
11held in Cook County, provided, further, that such hearing may
12be held in any county designated by the Director if the
13petitioning employing unit shall consent thereto. The hearings
14shall be conducted by the Director or by any full-time employee
15of the Director, selected in accordance with the provisions of
16the "Personnel Code" enacted by the Sixty-Ninth General
17Assembly, by him designated. Such representative so designated
18by the Director shall have all powers given the Director by
19Sections 1000, 1002, and 1003 of this Act.
20(Source: Laws 1957, p. 2667.)
 
21    (820 ILCS 405/2206.1)  (from Ch. 48, par. 686.1)
22    Sec. 2206.1. In addition to the remedies provided by this
23Act, when an employing unit defaults in any payment or
24contribution required to be made to the State under the
25provisions of this Act, the Director may request the

 

 

SB0072 Enrolled- 91 -LRB097 05652 RPM 45714 b

1Comptroller to withhold the amount due in accordance with the
2provisions of Section 10.05 of the State Comptroller Act and
3the Director may request the Secretary of the Treasury to
4withhold the amount due to the extent allowed by and in
5accordance with Section 6402(f) of the federal Internal Revenue
6Code of 1986, as amended. Where the Director requests
7withholding by the Secretary of the Treasury pursuant to this
8Section, in addition to the amount of the payment otherwise
9owed by the employing unit, the employing unit shall be liable
10for any legally authorized administrative fee assessed by the
11Secretary, with such fee to be added to the amount to be
12withheld by the Secretary.
13(Source: P.A. 83-1.)
 
14    (820 ILCS 405/2405 new)
15    Sec. 2405. Process; failure to file reports or make
16payments. The process available to the Department of Revenue
17pursuant to Section 3-7 of the Uniform Penalty and Interest Act
18with respect to an unpaid trust tax, interest, or penalties
19shall be available to the Department of Employment Security
20with respect to unpaid contributions, payments in lieu of
21contributions, penalties, and interest due pursuant to this Act
22where any officer or employee of the employer who has the
23control, supervision, or responsibility of filing wage or
24contribution reports and making payment of contributions or
25payments in lieu of contributions pursuant to this Act

 

 

SB0072 Enrolled- 92 -LRB097 05652 RPM 45714 b

1willfully fails to file the report or make the payment or
2willfully attempts in any other manner to evade or defeat a
3liability pursuant to this Act. For purposes of this Section,
4references to the Department or Director of Revenue in Section
53-7 of the Uniform Penalty and Interest Act shall be deemed to
6be references to the Department or Director of Employment
7Security. Procedures for protest and review of a notice of
8penalty liability under this Section shall be the same as those
9prescribed for protest and review of a determination and
10assessment under Section 2200.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.