TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.10 DEFINITIONS
Section 2714.10 Definitions
All other terms used in this
Part shall have the meaning set forth in Sections 200 through 247 of the
Unemployment Insurance Act, unless the context clearly requires otherwise.
"Act"
means the Unemployment Insurance Act [820 ILCS 405].
"Agent State" means any state in which an
individual files a claim for benefits from another state.
"Agency" means any officer, board, commission or
other authority charged with the administration of the unemployment insurance
law of a participating jurisdiction.
"Benefits" means the compensation payable to an
individual, with respect to his or her unemployment, under the unemployment
compensation law of any state.
"Interested Jurisdiction" means any participating
jurisdiction to which an election submitted under this Part is sent for its
approval; and "interested agency" means the agency of a participating
jurisdiction.
"Interstate Benefit Payment Plan" shall have the
meaning set forth in Section 409(J) of the Act.
"Interstate Claimant" means an individual who
claims benefits under the unemployment insurance law of one or more liable
states through the facilities of an agent state. The term "interstate
claimant" shall not include any individual who customarily commutes from a
residence in an agent state to work in a liable state. However, if such an
individual requests to be considered an interstate claimant, the request shall
be granted by Illinois as a liable state.
"Jurisdiction" means any state of the United
States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, Canada
or, with respect to the federal government, any federal unemployment insurance
program.
"Liable State" means any state against which an
individual files, through another state, a claim for benefits.
"Participating Jurisdiction" means a jurisdiction
whose administrative agency has subscribed to the Interstate Reciprocal
Coverage Arrangement, which implements Section 3304(a)(9)(A) of the Federal
Unemployment Tax Act (26 USC 3304(a)(9)(A)) and is authorized by 820 ILCS
405/2700A and B, and whose adherence to the Arrangement has not terminated.
"Services Customarily Performed by an Individual in More
Than One Jurisdiction" means services performed in more than one
jurisdiction during a reasonable period, if the nature of the services gives
reasonable assurance that they will continue to be performed in more than one
jurisdiction or if the services are required or expected to be performed in
more than one jurisdiction under the election.
"State" shall have the meaning set forth in Section
409(J)(3) of the Act.
"Week of Unemployment" includes any week of
unemployment as defined in the law of the liable state from which benefits with
respect to that week are claimed.
(Source: Amended at 35 Ill.
Reg. 6108, effective March 25, 2011)
SUBPART B: INTERSTATE BENEFIT PAYMENTS
 | TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.200 APPLICATION
Section 2714.200 Application
This Subpart shall govern the
Department of Employment Security in its administrative cooperation with other
States subscribing to the Interstate Benefit Payment Plan.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.205 REGISTRATION FOR WORK
Section 2714.205
Registration For Work
a) Each interstate claimant shall be registered for work through
any public employment office in the agent State when and as required by the
law, regulations, rules or procedures of the agent State.
b) Each agent State shall duly report to the liable State whether
each interstate claimant meets the registration for work requirements of that
agent State, as determined in accordance with the law of the agent State.
Illinois, as an agent State, shall determine the registration for work
requirements in accordance with the provisions of 56 Ill. Adm. Code 2865.100(a)(1).
(Source: Amended at 43 Ill. Reg. 6379, effective May 14, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.210 BENEFIT RIGHTS OF INTERSTATE CLAIMANTS
Section 2714.210 Benefit
Rights Of Interstate Claimants
a) If a claimant files a claim against any State, and it is
determined by such State that the claimant has available benefit credits from
the State, then claims shall be filed only against such State as long as such
benefits credits are available. Thereafter, the claimant may file claims
against any other State in which there are available benefit credits.
b) For the purposes of this Subpart, benefit credits shall be
deemed to be unavailable whenever benefits have been exhausted, terminated, or
postponed for an indefinite period or for the entire period in which benefits
would otherwise be payable, or whenever benefits are affected by the
application of a seasonal restriction.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.215 CLAIM FOR BENEFITS
Section 2714.215 Claim for
Benefits
Claims for benefits or waiting week credit shall be filed in
accordance with the liable state's requirements for interstate claims taking. When
Illinois is the liable state, initial interstate claims and continued claims
must be filed via the internet or telephone. The laws applicable to intrastate
claims and certifications shall apply to interstate claims and weeks when
Illinois is the liable state.
(Source: Amended at 35 Ill.
Reg. 6108, effective March 25, 2011)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.220 DETERMINATION OF CLAIMS
Section 2714.220
Determination of Claims
The agent state shall have no responsibility
and authority in connection with the determination of interstate claims nor to
the investigation and reporting of relevant facts.
(Source: Amended at 35 Ill.
Reg. 6108, effective March 25, 2011)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.225 APPEAL PROCEDURES
Section 2714.225 Appeal
Procedures
a) The agent State shall afford all reasonable cooperation in the
taking of evidence and holding of hearings in connection with appealed
interstate benefit claims.
b) With respect to the time limits for taking an appeal, an
appeal made by an interstate claimant shall be deemed to have been made and
communicated to Illinois as a liable State on the date it is received by any
officer of the agent State in accordance with the laws of such agent State.
Illinois, as an agent State, shall accept any appeal filed by an interstate
claimant at any local office in accordance with the provisions of 56 Ill. Adm.
Code 2720.200.
c) Except where contrary to the provisions of this Part, the
provisions of 56 Ill. Adm. Code 2720 shall be applicable where Illinois is the
liable State.
SUBPART C: EMPLOYER ELECTIONS TO COVER MULTI-STATE WORKERS
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.300 APPLICATION
Section 2714.300 Application
The Subpart shall govern the
Department of Employment Security in its administrative cooperation with other
States subscribing to the Interstate Reciprocal Coverage Arrangement,
hereinafter referred to as "the Arrangement."
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.305 SUBMISSION AND APPROVAL OF COVERAGE ELECTIONS UNDER THE INTERSTATE RECIPROCAL COVERAGE ARRANGEMENT
Section 2714.305 Submission
And Approval Of Coverage Elections Under The Interstate Reciprocal Coverage
Arrangement
a) Any employing unit may file an election, on a form provided by
the Department, to cover under the law of a single participating jurisdiction
all of the services performed for the employing unit by any individual who
customarily works for the employing unit in more than one participating
jurisdiction. That election may be filed, with respect to an individual, with
Illinois as the elected jurisdiction if:
1) The employer is otherwise liable in Illinois; and
2) One or more of the following conditions exist:
A) Any part of the individual's services are performed in
Illinois; or
B) The individual has his or her residence in Illinois;
or
C) The employing unit maintains a place of business [820
ILCS 405/2700A] in Illinois and the individual does not reside in or perform
services in another jurisdiction where the employer is liable; and
3) The form referenced in subsection (a) is filed as provided in
this Subpart; and
4) All other interested jurisdictions have approved of the
election as provided in this Subpart; and
5) All affected workers have approved of the election as provided
in Section 2714.315.
b) The agency of the elected jurisdiction (thus selected and
determined) shall initially approve or disapprove the election (Illinois will
approve if the requirements of Section 2714.305(a) are met):
1) If the agency approves the election, it shall forward a copy
of that approval to the agency of each participating jurisdiction specified on
the election, under whose unemployment insurance law the individual or
individuals in question might, in the absence of the election, be covered. Each
interested agency shall approve or disapprove the election as promptly as
practicable and shall notify the agency of the elected jurisdiction
accordingly.
2) If its law so requires, an interested agency may, before
taking such action, require from the electing employing unit satisfactory
evidence that the affected employees have been notified of, and have acquiesced
in, the election. The acquiescence is required in Illinois pursuant to Section
2714.315(a).
c) If the agency of the elected jurisdiction, or the agency of any
interested jurisdiction, disapproves the election, the disapproving agency
shall notify the elected jurisdiction and the electing employing unit of its
action and of its reasons therefor.
d) An election shall take effect as to the elected jurisdiction only
if approved by its agency and by one or more interested agencies. An election
thus approved shall take effect, as to any interested agency, only if it has
been approved by that agency.
e) If an election is approved only in part, or is disapproved by
some agencies, the electing employing unit may withdraw its election within 10
days after being notified of that action.
(Source: Amended at 43 Ill. Reg. 6379, effective May 14, 2019)
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.310 EFFECTIVE PERIODS OF ELECTION
Section 2714.310 Effective
Periods Of Election
a) Commencement:
1) An election approved under this Subpart shall become effective
at the beginning of the calendar quarter in which the election is submitted,
unless the election as approved specifies the beginning of a different calendar
quarter;
2) If the electing unit requests an earlier effective date than
the beginning of the calendar quarter in which the election is submitted, the
earlier date shall be approved as to those interested jurisdictions in which
the employer had no liability to pay contributions for the earlier period in
question and to no others.
b) Termination:
1) The application of an election to an individual under this
Subpart shall terminate if the agency of the elected jurisdiction finds that
the nature of the services customarily performed by the individual for the
electing unit has changed, so that they are no longer customarily performed in
more than one participating jurisdiction. The termination shall be effective
as to the close of the calendar quarter in which notice of such finding is mailed
to all parties affected;
2) Except as provided in subsection (b)(1), each election
approved shall remain in effect through the close of the calendar year in which
the election is initially submitted and approved, and thereafter until the
close of the calendar quarter of any subsequent year in which the employing
unit gives written notice of its termination to all effected agencies.
3) Whenever an election under this Subpart ceases to apply to any
individual under subsections (b)(1) or (b)(2), the electing employing unit
shall notify the affected individual accordingly.
| TITLE 56: LABOR AND EMPLOYMENT
CHAPTER IV: DEPARTMENT OF EMPLOYMENT SECURITY
SUBCHAPTER a: GENERAL PROVISIONS
PART 2714
INTERSTATE AND FEDERAL COOPERATION
SECTION 2714.315 REPORTS AND NOTICES BY THE ELECTING UNITS
Section 2714.315 Reports And
Notices By The Electing Units
a) The electing unit shall promptly notify each individual
affected by its approved election and shall furnish the elected agency a copy
of the form provided by the Department signed by each such affected individual.
b) Whenever an individual covered by an election under this
Subpart is separated from his or her employment, the electing unit shall again
inform the individual, immediately, as to the jurisdiction under whose
unemployment compensation law his or her services have been covered. If, at
the time of separation, the individual is not located in the elected
jurisdiction, the electing unit shall notify that individual as to the
procedure for filing interstate benefit claims.
c) The electing unit shall immediately report to the elected
jurisdiction any change that occurs in the conditions of employment pertinent
to its election, such as when an individual's services for the employer cease
to be performed in more than one participating jurisdiction or when a change in
work assigned to an individual requires him or her to perform services in a new
participating jurisdiction outside Illinois.
(Source: Amended at 43 Ill. Reg. 6379, effective May 14, 2019)
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