765 ILCS 1026/ Revised Uniform Unclaimed Property Act.

(765 ILCS 1026/Art. 14 heading) ARTICLE 14. CONFIDENTIALITY AND SECURITY OF INFORMATION (Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/15-1401)

Sec. 15-1401. Confidential information.

(a) Except as otherwise provided in this Section, information that is confidential under law of this State other than this Act, another state, or the United States, including "private information" as defined in the Freedom of Information Act and "personal information" as defined in the Personal Information Protection Act, continues to be confidential when disclosed or delivered under this Act to the administrator or administrator's agent.

(b) Information provided in reports filed pursuant to Section 15-401, information obtained in the course of an examination pursuant to Section 15-1002 or Section 15-1002.1, and the database required by Section 15-503 is exempt from disclosure under the Freedom of Information Act.

(c) If reasonably necessary to enforce or implement this Act, the administrator or the administrator's agent may disclose confidential information concerning property held by the administrator or the administrator's agent to:

(1) an apparent owner or the apparent owner's representative under the Probate Act of 1975, attorney, other legal representative, or relative;

(2) the representative under the Probate Act of 1975, other legal representative, relative of a deceased apparent owner, or a person entitled to inherit from the deceased apparent owner;

(3) another department or agency of this State or the United States;

(4) the person that administers the unclaimed property law of another state, if the other state accords substantially reciprocal privileges to the administrator of this State if the other state is required to maintain the confidentiality and security of information obtained in a manner substantially equivalent to Article 14;

(5) a person subject to an examination as required by Section 15-1004; and

(6) an agent of the administrator.

(d) The administrator may include on the website or in the database the names and addresses of apparent owners of property held by the administrator as provided in Section 15-503. The administrator may include in published notices, printed publications, telecommunications, the Internet, or other media and on the website or in the database additional information concerning the apparent owner's property if the administrator believes the information will assist in identifying and returning property to the owner and does not disclose personal information as defined in the Personal Information Protection Act.

(e) The administrator and the administrator's agent may not use confidential information provided to them or in their possession except as expressly authorized by this Act or required by law other than this Act.

(Source: P.A. 102-288, eff. 8-6-21.)

(765 ILCS 1026/15-1402)

Sec. 15-1402. Confidentiality agreement. A person to be examined under Section 15-1002 or Section 15-1002.1 may require, as a condition of disclosure of the records of the person to be examined, that the administrator or the administrator's agent execute and deliver to the person to be examined a confidentiality agreement that:

(1) is in a form that is reasonably satisfactory to the administrator; and

(2) requires the person having access to the records to comply with the provisions of this Article applicable to the person.

(Source: P.A. 102-288, eff. 8-6-21.)

(765 ILCS 1026/15-1403)

Sec. 15-1403. No confidential information in notice. Except as otherwise provided in Sections 15-501 and 15-502, a holder is not required under this Act to include confidential information in a notice the holder is required to provide to an apparent owner under this Act.

(Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/15-1404)

Sec. 15-1404. Security of information.

(a) If a holder is required to include confidential information in a report to the administrator, the information must be provided by a secure means.

(b) If confidential information in a record is provided to and maintained by the administrator or administrator's agent as required by this Act, the administrator or agent shall implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure as required by the Personal Information Protection Act. If a State or federal law requires the administrator or agent to provide greater protection to records that contain personal information that are maintained by the administrator or agent and the administrator or agent is in compliance with the provisions of that State or federal law, the administrator or agent is deemed to be in compliance with the provisions of this subsection.

(c) If there is any breach of the security of the system data or written material, the administrator and the administrator's agent shall comply with the notice requirements of Section 12 of the Personal Information Protection Act, and shall, if applicable, cooperate with a holder in complying with the notice requirements of Section 10 of the Personal Information Protection Act.

(d) The administrator and the administrator's agent shall either return in a secure manner or destroy in a manner consistent with the Personal Information Protection Act all confidential information no longer reasonably needed under this Act.

(Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/Art. 15 heading) ARTICLE 15. MISCELLANEOUS (Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/15-1501)

Sec. 15-1501. Uniformity of application and construction. In applying and construing this uniform Act consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/15-1502)

Sec. 15-1502. Relation to Electronic Signatures in Global and National Commerce Act. This Act modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that Act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act, 15 U.S.C. Section 7003(b).

(Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/15-1503)

Sec. 15-1503. Transitional provision.

(a) An initial report filed under this Act for property that was not required to be reported before the effective date of this Act, but that is required to be reported under this Act, must include all items of property that would have been presumed abandoned during the 5-year period preceding the effective date of this Act as if this Act had been in effect during that period.

(b) This Act does not relieve a holder of a duty that arose before the effective date of this Act to report, pay, or deliver property. Subject to subsection (b) of Section 15-610, a holder that did not comply with the law governing unclaimed property before the effective date of this Act is subject to applicable provisions for enforcement and penalties in effect before the effective date of this Act.

(Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/15-1504)

Sec. 15-1504. Severability. If any provision of this Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

(Source: P.A. 100-22, eff. 1-1-18.)

(765 ILCS 1026/15-1505)

Sec. 15-1505. Application.

(a) Except as provided in this Section and Section 15-1506, this Act does not apply to any annuity, pension, or benefit fund held in a fiduciary capacity by or on behalf of a retirement system, pension fund, or investment board created pursuant to any Article of the Illinois Pension Code.

(b) Beginning on the effective date of this amendatory Act of the 101st General Assembly, property presumed abandoned in an annuity, pension, or benefit fund held in a fiduciary capacity by or on behalf of a retirement system, pension fund, or investment board created pursuant to any Article of the Illinois Pension Code shall be reported by the retirement system, pension fund, or investment board to the administrator within the time in subsection (a) of Section 15-403 by providing: (i) the name of the owner and the names of any beneficiaries; (ii) the last known address, if known; (iii) the Social Security number or taxpayer identification number, if known or readily ascertainable; and (iv) the dollar amount.

(c) Beginning on the effective date of this amendatory Act of the 101st General Assembly, a retirement system, pension fund, or investment board created pursuant to Article 3, 4, or 22 of the Illinois Pension Code shall also comply with the provisions of Section 15-1506.

(d) Notwithstanding any provision of law to the contrary, no retirement system, pension fund, or investment board created pursuant to any Article of the Illinois Pension Code shall pay or deliver any annuity, pension, or benefit fund held in a fiduciary capacity to the administrator.

(e) For the purposes of this Section and Section 15-1506, property is presumed abandoned in accordance with Article 2 of this Act.

(f) Except for subsections (b) and (c), this Section is operative retroactively to January 1, 2018.

(Source: P.A. 101-546, eff. 1-1-20.)

(765 ILCS 1026/15-1506)

Sec. 15-1506. Compliance provisions.

(a) This Section applies only to a retirement system, pension fund, or investment board created pursuant to Article 3, 4, or 22 of the Illinois Pension Code.

(b) Each retirement system, pension fund, or investment board shall meet or exceed the minimum standards for due diligence specified in this Section. If an annuity, pension, or benefit fund held in a fiduciary capacity by the retirement system, pension fund, or investment board would otherwise be presumed abandoned in accordance with Section 15-202, then the retirement system, pension fund, or investment board shall engage in the following due diligence:

(1) Use mail, telephone, and electronic mail. The retirement system, pension fund, or investment board shall attempt, not less than 90 days before filing the report under subsection (b) of Section 15-1505, to contact the apparent owner using, in any order, first-class United States mail, telephone, and electronic mail. The retirement system, pension fund, or investment board shall use the most current contact information available for the apparent owner. The retirement system, pension fund, or investment board shall use these routine methods in its initial attempts to contact the apparent owner. If the apparent owner does not respond or otherwise indicate interest in the property in response to these routine methods, then the retirement system, pension fund, or investment board shall take the additional due diligence steps outlined in this Section to locate the apparent owner or a beneficiary.

(2) Use certified mail. The retirement system, pension fund, or investment board shall send to the apparent owner a notice using certified United States mail not less than 60 days before filing the report under subsection (b) of Section 15-1505.

(3) Check related plan and employer records. The retirement system, pension fund, or investment board shall ask any employer, and any former employer, of the apparent owner and any other retirement system, pension fund, or investment board to search its records for more current contact information for the apparent owner as well as for more current contact information for any beneficiaries. Unless prohibited by law of this State other than this Act, on request of a retirement system, pension fund, or investment board pursuant to this Section, each officer, agency, board, commission, division, and department of this State, body politic and corporate created by this State for a public purpose, and political subdivision of this State shall make its books and records available to the retirement system, pension fund, or investment board and cooperate with such retirement system, pension fund, or investment board to determine the current address of an apparent owner of property covered by Section 15-1505.

(4) Attempt to contact designated beneficiaries. The retirement system, pension fund, or investment board shall try to identify and contact any individual that the apparent owner has designated as a beneficiary to find updated contact information for the apparent owner. The retirement system, pension fund, or investment board shall attempt to contact beneficiaries, if any, using, in any order, first-class United States mail, telephone calls, and electronic mail if the retirement system, pension fund, or investment board has the relevant contact information for such beneficiaries.

(5) Use electronic search tools. The retirement system, pension fund, or investment board shall make reasonable use of Internet search tools that do not charge a fee to search for an apparent owner, including Internet search engines, public record databases, obituaries, and social media.

(6) Use additional steps if the property is over $1,000. The retirement system, pension fund, or investment board shall take additional due diligence steps if the apparent owner's property is valued at more than $1,000. Such additional due diligence includes the use of Internet search tools, commercial locator services, credit reporting agencies, information brokers, investigation databases, and analogous services that may involve charges.

(c) If the property is no longer presumptively abandoned because an apparent owner responds or otherwise indicates interest in the property in response to the due diligence efforts of the retirement system, pension fund, or investment board, then the retirement system, pension fund, or investment board does not need to engage in further due diligence.

(d) Notwithstanding any provision of this Section to the contrary, a retirement system, pension fund, or investment board does not need to engage in due diligence for property with a value of less than $50, and a retirement system, pension fund, or investment board does not need to send due diligence mail or electronic mail to an address that it knows to be invalid.

(e) The administrator and each retirement system, pension fund, and investment board to which this Section applies shall enter into an interagency agreement concerning the implementation of this Section. The interagency agreement shall specify that the retirement system, pension fund, or investment board shall certify at least annually that it meets or exceeds the minimum standards for due diligence required by this Section.

(f) If the United States Department of Labor issues guidance or regulations that conflict with this Section, then the retirement system, pension fund, or investment board shall comply with that guidance or those regulations.

(Source: P.A. 101-546, eff. 1-1-20.)