Sen. Don Harmon
Filed: 4/11/2005
 
 

 




 

 		












09400SB2075sam001

LRB094 09183 RLC 45002 a






1

AMENDMENT TO SENATE BILL 2075




2
    AMENDMENT NO. ______. Amend Senate Bill 2075 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Illinois Wage Payment and Collection Act is 
5
amended  by changing Section 5 as follows:
 



6
    (820 ILCS 115/5)  (from Ch. 48, par. 39m-5)



7
    Sec. 5. Every employer shall pay the final compensation of 
8
separated
employees in full, at the time of separation, if 
9
possible, but in no
case later than the next regularly 
10
scheduled payday for such employee.
Where such employee 
11
requests in writing that his final compensation be
paid by 
12
check and mailed to him, the employer shall comply with this

13
request.

14
    Unless otherwise provided in a collective bargaining 
15
agreement, whenever
a contract of employment or employment 
16
policy provides for paid vacations,
and an employee resigns or 
17
is terminated without having taken all vacation
time earned in 
18
accordance with such contract of employment
or employment 
19
policy, the monetary equivalent of all earned vacation
shall be 
20
paid to him or her as part of his or her final compensation
at 
21
his or her final rate of pay and no employment contract or 
22
employment
policy shall provide for forfeiture of earned 
23
vacation time upon separation.
24
    Notwithstanding anything in this Act, an employer may 
 


 






09400SB2075sam001
- 2 -
LRB094 09183 RLC 45002 a




1
maintain and enforce written
incentive or deferred 
2
compensation plans which provide that the incentive or deferred

3
compensation for employees whose total compensation exceeds 
4
$100,000 per year may be
payable after separation of employment 
5
and may be subject to nonpayment under any specified
terms and 
6
conditions. Wages and final compensation, other than incentive 
7
or deferred
compensation, that an employee has already earned 
8
during his or her employment shall not be
restricted, 
9
forfeited, or otherwise adversely affected by any written 
10
incentive or deferred
compensation plan and shall be payable in 
11
accordance with this Act. An employee who is a
party to a 
12
written incentive plan or deferred compensation plan shall not 
13
be precluded from filing a
wage claim application with the 
14
Department.


15
(Source: P.A. 83-199.)

 

16
    Section 99. Effective date. This Act takes effect upon 
17
becoming law.".