Illinois General Assembly - Full Text of HB5861
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Full Text of HB5861  101st General Assembly

HB5861 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5861

 

Introduced 11/10/2020, by Rep. Lindsey LaPointe - Kelly M. Cassidy and Ann M. Williams

 

SYNOPSIS AS INTRODUCED:
 
820 ILCS 405/900  from Ch. 48, par. 490

    Amends the Unemployment Insurance Act to provide that if an individual's benefit year begins on or after March 8, 2020, but before the week following the last week of a disaster period established by the gubernatorial disaster proclamations in response to COVID-19, recovery by suit in the name of the People of the State of Illinois or recoupment from benefits payable to an individual for any week shall be permanently waived if the sum was received by the individual without fault on his or her part. Provides that, in cases of such permanent waiver of recovery or recoupment, the Director of Employment Security may not request the Comptroller or the Secretary of the Treasury to withhold a sum of benefits for which an individual is found to be ineligible. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5861LRB101 22407 BMS 74122 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 900 as follows:
 
6    (820 ILCS 405/900)  (from Ch. 48, par. 490)
7    Sec. 900. Recoupment.)
8    A. Whenever an individual has received any sum as benefits
9for which he is found to have been ineligible, the amount
10thereof may be recovered by suit in the name of the People of
11the State of Illinois, or, from benefits payable to him, may be
12recouped:
13        1. At any time, if, to receive such sum, he knowingly
14    made a false statement or knowingly failed to disclose a
15    material fact.
16        2. Within 3 years from any date prior to January 1,
17    1984, on which he has been found to have been ineligible
18    for any other reason, pursuant to a reconsidered finding or
19    a reconsidered determination, or pursuant to the decision
20    of a Referee (or of the Director or his representative
21    under Section 604) which modifies or sets aside a finding
22    or a reconsidered finding or a determination or a
23    reconsidered determination; or within 5 years from any date

 

 

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1    after December 31, 1983, on which he has been found to have
2    been ineligible for any other reason, pursuant to a
3    reconsidered finding or a reconsidered determination, or
4    pursuant to the decision of a Referee (or of the Director
5    or his representative under Section 604) which modifies or
6    sets aside a finding or a reconsidered finding or a
7    determination or a reconsidered determination. Recoupment
8    pursuant to the provisions of this paragraph from benefits
9    payable to an individual for any week may be waived upon
10    the individual's request, if the sum referred to in
11    paragraph A was received by the individual without fault on
12    his part and if such recoupment would be against equity and
13    good conscience. Such waiver may be denied with respect to
14    any subsequent week if, in that week, the facts and
15    circumstances upon which waiver was based no longer exist.
16        3. Notwithstanding paragraph 2, if the individual's
17    benefit year begins on or after March 8, 2020, but prior to
18    the week following the last week of a disaster period
19    established by the gubernatorial disaster proclamation in
20    response to COVID-19, dated March 9, 2020, and any
21    subsequent gubernatorial disaster proclamation in response
22    to COVID-19, recovery by suit in the name of the People of
23    the State of Illinois or recoupment pursuant to paragraph 2
24    from benefits payable to an individual for any week shall
25    be permanently waived if the sum referred to in subsection
26    A was received by the individual without fault on his or

 

 

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1    her part.
2    B. Whenever the claims adjudicator referred to in Section
3702 decides that any sum received by a claimant as benefits
4shall be recouped, or denies recoupment waiver requested by the
5claimant, he shall promptly notify the claimant of his decision
6and the reasons therefor. The decision and the notice thereof
7shall state the amount to be recouped, the weeks with respect
8to which such sum was received by the claimant, and the time
9within which it may be recouped and, as the case may be, the
10reasons for denial of recoupment waiver. The claims adjudicator
11may reconsider his decision within one year after the date when
12the decision was made. Such decision or reconsidered decision
13may be appealed to a Referee within the time limits prescribed
14by Section 800 for appeal from a determination. Any such
15appeal, and any appeal from the Referee's decision thereon,
16shall be governed by the applicable provisions of Sections 801,
17803, 804 and 805. No recoupment shall be begun until the
18expiration of the time limits prescribed by Section 800 of this
19Act or, if an appeal has been filed, until the decision of a
20Referee has been made thereon affirming the decision of the
21Claims Adjudicator.
22    C. Any sums recovered under the provisions of this Section
23shall be treated as repayments to the Department of sums
24improperly obtained by the claimant.
25    D. Whenever, by reason of a back pay award made by any
26governmental agency or pursuant to arbitration proceedings, or

 

 

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1by reason of a payment of wages wrongfully withheld by an
2employing unit, an individual has received wages for weeks with
3respect to which he has received benefits, the amount of such
4benefits may be recouped or otherwise recovered as herein
5provided. An employing unit making a back pay award to an
6individual for weeks with respect to which the individual has
7received benefits shall make the back pay award by check
8payable jointly to the individual and to the Department.
9    E. The amount recouped pursuant to paragraph 2 of
10subsection A from benefits payable to an individual for any
11week shall not exceed 25% of the individual's weekly benefit
12amount.
13    Except in the case of permanent waiver of recovery or
14recoupment as provided in paragraph 3 of subsection A, in In
15addition to the remedies provided by this Section, when an
16individual has received any sum as benefits for which he is
17found to be ineligible, the Director may request the
18Comptroller to withhold such sum in accordance with Section
1910.05 of the State Comptroller Act and the Director may request
20the Secretary of the Treasury to withhold such sum to the
21extent allowed by and in accordance with Section 6402(f) of the
22federal Internal Revenue Code of 1986, as amended. Benefits
23paid pursuant to this Act shall not be subject to such
24withholding. Where the Director requests withholding by the
25Secretary of the Treasury pursuant to this Section, in addition
26to the amount of benefits for which the individual has been

 

 

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1found ineligible, the individual shall be liable for any
2legally authorized administrative fee assessed by the
3Secretary, with such fee to be added to the amount to be
4withheld by the Secretary.
5(Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.