101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5837

 

Introduced 11/10/2020, by Rep. Barbara Hernandez

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/901  from Ch. 48, par. 491

    Amends the Unemployment Insurance Act to provide that, during the pendency of a disaster proclamation that is a result of a public health emergency or epidemic, provisions concerning ineligibility as a result of unemployment insurance fraud shall not apply to individuals residing in the counties affected by the gubernatorial disaster proclamation who are otherwise entitled to receive unemployment insurance benefits. Effective immediately.


LRB101 22117 BMS 73140 b

 

 

A BILL FOR

 

HB5837LRB101 22117 BMS 73140 b

1    AN ACT concerning employment.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Unemployment Insurance Act is amended by
5changing Section 901 as follows:
 
6    (820 ILCS 405/901)  (from Ch. 48, par. 491)
7    Sec. 901. Fraud - Repayment - Ineligibility.
8    (1) An individual who, for the purpose of obtaining
9benefits, knowingly makes a false statement or knowingly fails
10to disclose a material fact, and thereby obtains any sum as
11benefits for which he is not eligible:
12        A. Shall be required to repay such sum in cash, or the
13    amount thereof may be recovered or recouped pursuant to the
14    provisions of Section 900.
15        B. Shall be ineligible, except to the extent that such
16    benefits are subject to recoupment pursuant to this
17    Section, for benefits for the week in which he or she has
18    been notified of the determination of the claims
19    adjudicator referred to in Section 702 that he or she has
20    committed the offense described in the first paragraph and,
21    thereafter, for 6 weeks (with respect to each of which he
22    or she would be eligible for benefits but for the
23    provisions of this paragraph, not including weeks for which

 

 

HB5837- 2 -LRB101 22117 BMS 73140 b

1    such benefits are subject to recoupment pursuant to this
2    Section) for the first offense, and for 2 additional weeks
3    (with respect to each of which he or she would be eligible
4    for benefits but for the provisions of this paragraph, not
5    including weeks for which such benefits are subject to
6    recoupment pursuant to this Section) for each subsequent
7    offense. For the purposes of this paragraph, a separate
8    offense shall be deemed to have been committed in each week
9    for which such an individual has received a sum as benefits
10    for which he or she was not eligible. No ineligibility
11    under the provisions of this paragraph shall accrue with
12    respect to any week beginning after whichever of the
13    following occurs first: (1) 26 weeks (with respect to each
14    of which the individual would be eligible for benefits but
15    for the provisions of this paragraph, not including weeks
16    for which such benefits are subject to recoupment pursuant
17    to this Section) have elapsed since the date that he or she
18    is notified of the determination of the claims adjudicator
19    referred to in Section 702 that he or she has committed the
20    offense described in the first paragraph, or (2) 2 years
21    have elapsed since the date that he or she is notified of
22    the determination of the claims adjudicator referred to in
23    Section 702 that he or she has committed the offense
24    described in the first paragraph.
25    (2) Notwithstanding subsection (1), during the pendency of
26a disaster proclamation issued by the Governor pursuant to

 

 

HB5837- 3 -LRB101 22117 BMS 73140 b

1Section 7 of the Illinois Emergency Management Agency Act that
2is a result of a public health emergency or epidemic, the
3penalties and requirements of paragraph B of subsection (1)
4shall not apply to individuals residing in the counties
5affected by the gubernatorial disaster proclamation who are
6otherwise entitled to receive benefits under this Act.
7(Source: P.A. 91-342, eff. 1-1-00.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.