(820 ILCS 305/4d)
Illinois Workers' Compensation Commission Operations Fund Fee.
(a) As of the effective date of this amendatory Act of the 93rd
Assembly, each employer that self-insures its liabilities arising under this
or Workers' Occupational Diseases Act shall pay a fee measured by the annual
actual wages paid in this State of such an employer in the manner provided in
this Section. Such proceeds shall be deposited in the Illinois Workers' Compensation Commission
Operations Fund. If an employer survives or was formed by a merger,
consolidation, reorganization, or reincorporation, the actual wages paid in
State of all employers party to the merger, consolidation, reorganization, or
reincorporation shall, for purposes of determining the amount of the fee
by this Section, be regarded as those of the surviving or new employer.
(b) Beginning on July 30, 2004 (the effective date of Public Act 93-840) and on July 1 of each year thereafter, the Chairman shall charge and
collect an annual Illinois Workers' Compensation Commission Operations Fund Fee from every employer
subject to subsection (a) of this Section equal to 0.0075% of its annual actual
wages paid in this State as reported in each employer's annual self-insurance
renewal filed for the previous year as required by Section 4 of this Act and
Section 4 of the Workers' Occupational Diseases Act. All sums collected by the
Commission under the provisions of this Section shall be paid promptly after
receipt of the same, accompanied by a detailed statement thereof, into the
Illinois Workers' Compensation Commission Operations Fund. The fee due pursuant to Public Act 93-840 shall be collected instead of the fee due on July 1, 2004 under Public Act 93-32. Payment of the fee due under Public Act 93-840 shall discharge the employer's obligations due on July 1, 2004.
(c) In addition to the authority specifically granted under Section 16, the
Chairman shall have such authority to adopt rules or establish forms as may be
reasonably necessary for purposes of enforcing this Section. The Commission
shall have authority to defer, waive, or abate the fee or any penalties imposed
by this Section if in the Commission's opinion the employer's solvency and
ability to meet its obligations to pay workers' compensation benefits would be
immediately threatened by payment of the fee due.
(d) When an employer fails to pay the full amount of any annual Illinois Workers' Compensation
Commission Operations Fund Fee of $100 or more due under this Section, there
shall be added to the amount due as a penalty the greater of $1,000 or an
equal to 5% of the deficiency for each month or part of a month that the
deficiency remains unpaid.
(e) The Commission may enforce the collection of any delinquent payment,
or portion thereof by legal action or in any other manner by which the
collection of debts due the State of Illinois may be enforced under the laws of
(f) Whenever it appears to the satisfaction of the Chairman that an employer
paid pursuant to this Act an Illinois Workers' Compensation Commission Operations Fund Fee
in an amount in excess of the amount legally collectable from the employer, the
Chairman shall issue a credit memorandum for an amount equal to the amount of
such overpayment. A credit memorandum may be applied for the 2-year period from
the date of issuance against the payment of any amount due during that period
under the fee imposed by this Section or, subject to reasonable rule of the
Commission including requirement of notification, may be assigned to any other
employer subject to regulation under this Act. Any application of credit
memoranda after the period provided for in this Section is void.
(Source: P.A. 95-331, eff. 8-21-07.)