(820 ILCS 305/2) (from Ch. 48, par. 138.2)
Sec. 2.
An employer in this State, who does not come within the classes
enumerated by Section 3 of this Act, may elect to provide and pay
compensation for accidental injuries sustained by himself or any employee,
arising out
of and in the course of the employment according to the provisions of this
Act, and thereby relieve himself from any liability for the recovery of
damages, except as herein provided. The State of Illinois hereby elects to
provide and pay compensation according to the provisions of this Act.
(a) Election by any employer to provide and pay compensation according
to the provisions of this Act shall be made by the employer filing notice
of such election with the Commission, or by insuring his liability to pay
compensation under this Act in some insurance carrier authorized, licensed
or permitted to do such insurance business in this State.
(b) Every employer within the provisions of this Act who has elected to
provide and pay compensation according to the provisions of this Act by
filing notice of such election with the Commission, shall be bound thereby
as to all his employees until January 1st of the next succeeding year and
for terms of each year thereafter.
Any such employer who may have once elected, may elect not to provide
and pay the compensation herein provided for accidents resulting in either
injury or death and occurring after the expiration of any such calendar
year by filing notice of such election with the Commission at least 60 days
prior to the expiration of any such calendar year, and by posting such
notice at a conspicuous place in the plant, shop, office, room or place
where such employee is employed, or by personal service, in written or
printed form, upon such employees, at least 60 days prior to the expiration
of any such calendar year.
Every employer within the provisions of this Act who has elected to
provide and pay compensation according to the provisions of this Act by
insuring his liability to pay compensation under this Act, as above
provided, shall be bound thereby as to all his employees until the date of
expiration or cancellation of such policy of insurance, or any renewal
thereof.
(c) In the event any employer mentioned in this section, elects to
provide and pay the compensation provided in this Act, then every employee
of such employer, as a part of his contract of hiring or who may be
employed at the time of the taking effect of this Act and the acceptance of
its provisions by such employer, shall be deemed to have accepted all the
provisions of this Act and shall be bound thereby unless within 30 days
after such hiring or after the taking effect of this Act, and its
acceptance by such employee, he shall file a notice to the contrary with
the Commission, whose duty it shall be to immediately notify the employer,
and until such notice to the contrary is given to the employer, the measure
of liability of such employer shall be determined according to the
compensation provisions of this Act.
However, any employee may withdraw from the operation of this Act,
except those under Section 3, upon filing a written notice of withdrawal at
least 10 days prior to January 1st of any year with the Commission, whose
duty it shall be to immediately notify such employer by registered mail,
and, until such notice to the contrary is given to such employer, the
measure of liability of such employer shall be determined according to the
compensation provisions of this Act.
(d) Any such employer or employee may, without prejudice to any existing
right or claim withdraw his election to reject this Act by giving 30 days'
written notice in such manner and form as may be provided by the
Commission.
(Source: P.A. 83-190.)
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