(820 ILCS 405/2101)
(from Ch. 48, par. 661)
Special administrative account.
Except as provided in Section 2100, all interest and penalties collected
pursuant to this Act shall be deposited in the special administrative
account. The amount in this account in excess of $100,000 on the close of
business of the last day of each calendar quarter shall be immediately
transferred to this State's account in the unemployment trust fund. However, subject to Section 2101.1,
such funds shall not be transferred where it is determined by the Director
that it is necessary to accumulate funds in the account in order to have
sufficient funds to pay interest that may become due under the terms of
Section 1202 (b) of the Federal Social Security Act, as amended, upon advances
made to the Illinois Unemployment Insurance Trust Fund under Title XII of
the Federal Social Security Act or where it is determined by the Director
that it is necessary to accumulate funds in the special administrative
account in order to have sufficient funds to expend for any other purpose
authorized by this Section. The balance of funds in the special administrative account that are in excess of $100,000 on the first day of each calendar quarter and not transferred to this State's account in the unemployment trust fund, minus the amount reasonably anticipated to be needed to make payments from the special administrative account pursuant to subsections C through I, shall be certified by the Director and transferred by the State Comptroller to the Title III Social Security and Employment Fund in the State Treasury within 30 days of the first day of the calendar quarter. The Director may certify and the State Comptroller shall transfer such funds to the Title III Social Security and Employment Fund on a more frequent basis. The moneys available in the special
administrative account shall be expended upon the direction of the Director
whenever it appears to him that such expenditure is necessary for:
A. 1. The proper administration of this Act and no Federal funds are
available for the specific purpose for which such expenditure is to be
made, provided the moneys are not substituted for appropriations from
Federal funds, which in the absence of such moneys would be available and
provided the monies are appropriated by the General Assembly.
2. The proper administration of this Act for which purpose
appropriations from Federal funds have been requested but not yet received,
provided the special administrative account will be reimbursed upon receipt
of the requested Federal appropriation.
B. To the extent possible, the repayment to the fund established for
financing the cost of administration of this Act of moneys found by the
Secretary of Labor of the United States of America, or other appropriate
Federal agency, to have been lost or expended for purposes other than, or
in amounts in excess of, those found necessary by the Secretary of Labor,
or other appropriate Federal agency, for the administration of this Act.
C. The payment of refunds or adjustments of interest or penalties, paid
pursuant to Sections 901 or 2201.
D. The payment of interest on refunds of erroneously paid
contributions, penalties and interest pursuant to Section 2201.1.
E. The payment or transfer of interest or penalties to any Federal or
State agency, pursuant to reciprocal arrangements entered into by the
Director under the provisions of Section 2700E.
F. The payment of any costs incurred, pursuant to Section 1700.1.
G. Beginning January 1, 1989, for the payment for the legal services
authorized by subsection B of Section 802, up to $1,000,000 per year for
the representation of the individual claimants and up to $1,000,000 per
year for the representation of "small employers".
H. The payment of any fees for collecting past due contributions,
payments in lieu of contributions, penalties, and interest shall be paid
(without an appropriation) from interest and penalty monies received from
collection agents that have contracted with the Department under Section
2206 to collect such amounts, provided however, that the amount of such
payment shall not exceed the amount of past due interest and penalty collected.
I. The payment of interest that may become due under the terms of Section
1202 (b) of the Federal Social Security Act, as amended, for advances made
to the Illinois Unemployment Insurance Trust Fund.
The Director shall annually on or before the first day of March report
in writing to the Employment Security Advisory Board concerning the
expenditures made from the special administrative account and the purposes
for which funds are being accumulated.
If Federal legislation is enacted which will permit the use by the
Director of some part of the contributions collected or to be collected
under this Act, for the financing of expenditures incurred in the proper
administration of this Act, then, upon the availability of such
contributions for such purpose, the provisions of this Section shall be
inoperative and interest and penalties collected pursuant to this Act shall
be deposited in and be deemed a part of the clearing account. In the event
of the enactment of the foregoing Federal legislation, and within 90 days
after the date upon which contributions become available for expenditure
for costs of administration, the total amount in the special administrative
account shall be transferred to the clearing account, and after clearance
thereof shall be deposited with the Secretary of the Treasury of the United
States of America to the credit of the account of this State in the
unemployment trust fund, established and maintained pursuant to the Federal
Social Security Act, as amended.
(Source: P.A. 98-1133, eff. 12-23-14.)