State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

91_HB2654eng

 
HB2654 Engrossed                               LRB9102422WHmg

 1        AN  ACT  to  amend  the  Unemployment  Insurance  Act  by
 2    changing Sections 235, 401, 901, 1500,  1506.3,  1507,  1900,
 3    and 2100.

 4        Be  it  enacted  by  the People of the State of Illinois,
 5    represented in the General Assembly:

 6        Section 5.  The Unemployment Insurance Act is amended  by
 7    changing  Sections  235,  401, 901, 1500, 1506.3, 1507, 1900,
 8    and 2100 as follows:

 9        (820 ILCS 405/235) (from Ch. 48, par. 345)
10        Sec. 235.  The term "wages" does not include:
11        A.  That  part   of   the   remuneration   which,   after
12    remuneration  equal  to $6,000 with respect to employment has
13    been paid to an individual by an employer during any calendar
14    year after 1977 and before 1980, is paid to  such  individual
15    by  such employer during such calendar year; and that part of
16    the remuneration which, after remuneration  equal  to  $6,500
17    with  respect to employment has been paid to an individual by
18    an employer during each calendar year 1980 and 1981, is  paid
19    to  such  individual  by  such  employer during that calendar
20    year;  and  that  part  of  the  remuneration  which,   after
21    remuneration  equal  to $7,000 with respect to employment has
22    been paid to an individual by an employer during the calendar
23    year 1982 is paid to such individual by such employer  during
24    that calendar year.
25        With  respect  to the first calendar quarter of 1983, the
26    term "wages" shall include only the remuneration paid  to  an
27    individual by an employer during such quarter with respect to
28    employment  which does not exceed $7,000. With respect to the
29    three calendar quarters, beginning April 1,  1983,  the  term
30    "wages"  shall  include  only  the  remuneration  paid  to an
31    individual by an employer during such period with respect  to
 
HB2654 Engrossed            -2-                LRB9102422WHmg
 1    employment which when added to the "wages" (as defined in the
 2    preceding  sentence) paid to such individual by such employer
 3    during the first calendar quarter of 1983,  does  not  exceed
 4    $8,000.
 5        With  respect to the calendar year 1984, the term "wages"
 6    shall include only the remuneration paid to an individual  by
 7    an  employer  during  that  period with respect to employment
 8    which does not exceed $8,000; with respect to calendar  years
 9    1985,  1986 and 1987, the term "wages" shall include only the
10    remuneration paid to such individual by such employer  during
11    that  calendar year with respect to employment which does not
12    exceed $8,500.
13        With respect to the calendar years 1988 through 2003 1999
14      and  calendar  year  2005  2001  and  each  calendar   year
15    thereafter,   the   term   "wages"  shall  include  only  the
16    remuneration paid to an individual by an employer during that
17    period with respect  to  employment  which  does  not  exceed
18    $9,000.
19        With  respect  to  the  calendar year 2004 2000, the term
20    "wages" shall  include  only  the  remuneration  paid  to  an
21    individual  by an employer during that period with respect to
22    employment which does not exceed  $10,000.  The  remuneration
23    paid  to  an  individual  by  an  employer  with  respect  to
24    employment   in   another   State   or   States,  upon  which
25    contributions  were  required  of  such  employer  under   an
26    unemployment  compensation law of such other State or States,
27    shall be included as a part  of  the  remuneration  equal  to
28    $6,000,  $6,500,  $7,000, $8,000, $8,500, $9,000, or $10,000,
29    as the case may be, herein referred to. For the  purposes  of
30    this  subsection,  any  employing  unit which succeeds to the
31    organization, trade, or business, or to substantially all  of
32    the assets of another employing unit, or to the organization,
33    trade,  or business, or to substantially all of the assets of
34    a distinct severable portion of another employing unit, shall
 
HB2654 Engrossed            -3-                LRB9102422WHmg
 1    be treated as a single unit  with  its  predecessor  for  the
 2    calendar  year  in  which  such  succession  occurs,  and any
 3    employing unit which is  owned  or  controlled  by  the  same
 4    interests  which  own or control another employing unit shall
 5    be treated as a  single  unit  with  the  unit  so  owned  or
 6    controlled by such interests for any calendar year throughout
 7    which  such  ownership  or  control  exists.  This subsection
 8    applies only to Sections 1400, 1405A, and 1500.
 9        B.  The amount of any payment (including any amount  paid
10    by an employer for insurance or annuities, or into a fund, to
11    provide  for  any such payment), made to, or on behalf of, an
12    individual or any of his dependents under a  plan  or  system
13    established  by  an  employer which makes provision generally
14    for individuals performing services  for  him  (or  for  such
15    individuals generally and their dependents) or for a class or
16    classes  of  such  individuals  (or for a class or classes of
17    such individuals and their dependents),  on  account  of  (1)
18    sickness  or  accident  disability  (except those sickness or
19    accident disability payments which  would  be  includable  as
20    "wages"  in  Section  3306(b)(2)(A)  of  the Federal Internal
21    Revenue Code of 1954, in effect  on  January  1,  1985,  such
22    includable  payments  to  be  attributable  in such manner as
23    provided by Section 3306(b) of the Federal  Internal  Revenue
24    Code  of  1954, in effect on January 1, 1985), or (2) medical
25    or hospitalization expenses in connection  with  sickness  or
26    accident disability, or (3) death.
27        C.  Any  payment made to, or on behalf of, an employee or
28    his beneficiary which  would  be  excluded  from  "wages"  by
29    subparagraph  (A), (B), (C), (D), (E), (F) or (G), of Section
30    3306(b)(5) of the Federal Internal Revenue Code of  1954,  in
31    effect on January 1, 1985.
32        D.  The  amount  of any payment on account of sickness or
33    accident disability, or medical or  hospitalization  expenses
34    in  connection  with sickness or accident disability, made by
 
HB2654 Engrossed            -4-                LRB9102422WHmg
 1    an employer to, or on behalf  of,  an  individual  performing
 2    services  for him after the expiration of six calendar months
 3    following the last calendar month  in  which  the  individual
 4    performed services for such employer.
 5        E.  Remuneration paid in any medium other than cash by an
 6    employing  unit  to an individual for service in agricultural
 7    labor as defined in Section 214.
 8        F.  The amount of any supplemental  payment  made  by  an
 9    employer  to an individual performing services for him, other
10    than remuneration for services performed, under a shared work
11    plan approved by the Director pursuant to Section 407.1.
12    (Source: P.A. 89-633, eff. 1-1-97; 90-554, eff. 12-12-97.)

13        (820 ILCS 405/401) (from Ch. 48, par. 401)
14        Sec.  401.   Weekly   Benefit   Amount    -   Dependents'
15    Allowances.
16        A.  With respect to any week beginning prior to April 24,
17    1983,  an  individual's  weekly  benefit  amount  shall be an
18    amount equal to the weekly benefit amount as defined in  this
19    Act as in effect on November 30, 1982.
20        B. 1.  With  respect  to  any  week beginning on or after
21    April 24, 1983 and before January 3,  1988,  an  individual's
22    weekly  benefit  amount  shall  be  48%  of his prior average
23    weekly wage, rounded  (if  not  already  a  multiple  of  one
24    dollar)  to  the  next higher dollar; provided, however, that
25    the weekly benefit amount cannot exceed  the  maximum  weekly
26    benefit  amount, and cannot be less than 15% of the statewide
27    average weekly wage, rounded (if not already  a  multiple  of
28    one  dollar)  to  the next higher dollar. However, the weekly
29    benefit amount  for  an  individual  who  has  established  a
30    benefit  year  beginning  before  April  24,  1983,  shall be
31    determined, for weeks beginning on or after  April  24,  1983
32    claimed  with respect to that benefit year, as provided under
33    this Act as in effect on November 30, 1982.  With respect  to
 
HB2654 Engrossed            -5-                LRB9102422WHmg
 1    any  week  beginning  on  or after January 3, 1988 and before
 2    January 1, 1993, an individual's weekly benefit amount  shall
 3    be  49%  of  his  prior  average weekly wage, rounded (if not
 4    already a multiple of one dollar) to the next higher  dollar;
 5    provided,  however,  that  the  weekly  benefit amount cannot
 6    exceed the maximum weekly benefit amount, and cannot be  less
 7    than  $51.   With  respect  to any week beginning on or after
 8    January 3, 1993, an individual's weekly benefit amount  shall
 9    be  49.5%  of  his prior average weekly wage, rounded (if not
10    already a multiple of one dollar) to the next higher  dollar;
11    provided,  however,  that  the  weekly  benefit amount cannot
12    exceed the maximum weekly benefit amount and cannot  be  less
13    than $51.
14        2.  For the purposes of this subsection:
15        With  respect to any week beginning on or after April 24,
16    1983, an individual's "prior average weekly wage"  means  the
17    total  wages  for insured work paid to that individual during
18    the 2 calendar quarters of his  base  period  in  which  such
19    total  wages were highest, divided by 26.  If the quotient is
20    not already a multiple of one dollar, it shall be rounded  to
21    the nearest dollar; however if the quotient is equally near 2
22    multiples  of  one  dollar, it shall be rounded to the higher
23    multiple of one dollar.
24        "Determination date" means June 1, 1982, December 1, 1982
25    and December 1 of each succeeding calendar  year  thereafter.
26    However,  if  as of June 30, 1982, or any June 30 thereafter,
27    the net amount standing to the credit of this State's account
28    in the unemployment trust fund (less all outstanding advances
29    to that account, including advances pursuant to Title XII  of
30    the   federal   Social   Security   Act)   is   greater  than
31    $100,000,000, "determination date" shall mean December  1  of
32    that  year and June 1 of the succeeding year. Notwithstanding
33    the preceding sentence, for the purposes of  this  Act  only,
34    there shall be no June 1 determination date in any year after
 
HB2654 Engrossed            -6-                LRB9102422WHmg
 1    1986.
 2        "Determination period" means, with respect to each June 1
 3    determination date, the 12 consecutive calendar months ending
 4    on the immediately preceding December 31 and, with respect to
 5    each  December  1  determination  date,  the  12  consecutive
 6    calendar months ending on the immediately preceding June 30.
 7        "Benefit  period" means the 12 consecutive calendar month
 8    period beginning on the first day of the first calendar month
 9    immediately following a determination date, except that, with
10    respect to any calendar year in  which  there  is  a  June  1
11    determination   date,  "benefit  period"  shall  mean  the  6
12    consecutive calendar month period beginning on the first  day
13    of   the  first  calendar  month  immediately  following  the
14    preceding December 1 determination date and the 6 consecutive
15    calendar month period beginning on the first day of the first
16    calendar month immediately following the June 1 determination
17    date. Notwithstanding the foregoing sentence, the 6  calendar
18    months  beginning  January  1,  1982 and ending June 30, 1982
19    shall be deemed a benefit period with respect  to  which  the
20    determination date shall be June 1, 1981.
21        "Gross  wages"  means  all  the wages paid to individuals
22    during  the  determination  period  immediately  preceding  a
23    determination date for insured  work,  and  reported  to  the
24    Director  by  employers  prior  to the first day of the third
25    calendar month preceding that date.
26        "Covered employment" for any  calendar  month  means  the
27    total  number  of individuals, as determined by the Director,
28    engaged in insured work at mid-month.
29        "Average monthly covered employment" means one-twelfth of
30    the sum of the covered employment for  the  12  months  of  a
31    determination period.
32        "Statewide  average  annual  wage"  means  the  quotient,
33    obtained  by  dividing gross wages by average monthly covered
34    employment for the same determination period, rounded (if not
 
HB2654 Engrossed            -7-                LRB9102422WHmg
 1    already a multiple of one cent) to the nearest cent.
 2        "Statewide  average  weekly  wage"  means  the  quotient,
 3    obtained by dividing the statewide average annual wage by 52,
 4    rounded (if not already  a  multiple  of  one  cent)  to  the
 5    nearest cent.  Notwithstanding any provisions of this Section
 6    to  the  contrary,  the statewide average weekly wage for the
 7    benefit period beginning July 1, 1982 and ending December 31,
 8    1982 shall be the statewide average weekly wage in effect for
 9    the immediately preceding benefit period plus one-half of the
10    result obtained by subtracting the statewide  average  weekly
11    wage  for  the  immediately preceding benefit period from the
12    statewide  average  weekly  wage  for  the   benefit   period
13    beginning  July  1, 1982 and ending December 31, 1982 as such
14    statewide average weekly wage would have been determined  but
15    for  the  provisions  of  this paragraph. Notwithstanding any
16    provisions of this Section to  the  contrary,  the  statewide
17    average  weekly  wage  for the benefit period beginning April
18    24, 1983 and ending January 31, 1984 shall be  $321  and  for
19    the  benefit  period  beginning  February  1, 1984 and ending
20    December 31, 1986 shall be $335, and for the  benefit  period
21    beginning  January  1,  1987,  and  ending December 31, 1987,
22    shall  be  $350,  except  that  for  an  individual  who  has
23    established a benefit year beginning before April  24,  1983,
24    the   statewide  average  weekly  wage  used  in  determining
25    benefits, for any week beginning on or after April 24,  1983,
26    claimed  with respect to that benefit year, shall be $334.80,
27    except that, for  the  purpose  of  determining  the  minimum
28    weekly  benefit  amount under subsection B(1) for the benefit
29    period beginning January 1, 1987,  and  ending  December  31,
30    1987,  the  statewide  average weekly wage shall be $335; for
31    the benefit periods January  1,  1988  through  December  31,
32    1988,  January 1, 1989 through December 31, 1989, and January
33    1, 1990 through December  31,  1990,  the  statewide  average
34    weekly  wage  shall  be  $359,  $381, and $406, respectively.
 
HB2654 Engrossed            -8-                LRB9102422WHmg
 1    Notwithstanding the preceding sentences  of  this  paragraph,
 2    for  the  benefit period of calendar year 1991, the statewide
 3    average weekly wage shall be $406 plus (or minus)  an  amount
 4    equal  to  the  percentage  change  in  the statewide average
 5    weekly wage, as computed in  accordance  with  the  preceding
 6    sentences  of  this paragraph, between the benefit periods of
 7    calendar years 1989 and 1990, multiplied by  $406;  and,  for
 8    the  benefit periods of calendar years 1992 through 2003 1999
 9    and  calendar  year  2005  2001  and   each   calendar   year
10    thereafter,  the  statewide average weekly wage, shall be the
11    statewide average weekly wage, as  determined  in  accordance
12    with  this  sentence,  for  the immediately preceding benefit
13    period plus (or minus) an  amount  equal  to  the  percentage
14    change  in  the statewide average weekly wage, as computed in
15    accordance with the preceding sentences  of  this  paragraph,
16    between   the   2   immediately  preceding  benefit  periods,
17    multiplied  by  the  statewide  average   weekly   wage,   as
18    determined   in   accordance  with  this  sentence,  for  the
19    immediately preceding benefit period. For the benefit  period
20    of 2004 2000, the statewide average weekly wage shall be $600
21      $524.   Provided however, that for any benefit period after
22    December 31, 1990, if 2 of the  following  3  factors  occur,
23    then the statewide average weekly wage shall be the statewide
24    average  weekly  wage in effect for the immediately preceding
25    benefit period: (a) the average  contribution  rate  for  all
26    employers  in  this State for the calendar year 2 years prior
27    to the benefit period,  as  a  ratio  of  total  contribution
28    payments  (including  payments  in  lieu of contributions) to
29    total wages reported by employers in this State for that same
30    period is 0.2% greater than  the  national  average  of  this
31    ratio,  the  foregoing  to  be  determined in accordance with
32    rules promulgated by the Director; (b) the  balance  in  this
33    State's  account  in the unemployment trust fund, as of March
34    31 of the prior calendar year, is less than $250,000,000;  or
 
HB2654 Engrossed            -9-                LRB9102422WHmg
 1    (c)  the  number  of  first  payments  of  initial claims, as
 2    determined  in  accordance  with  rules  promulgated  by  the
 3    Director, for the one year period ending on June  30  of  the
 4    prior  year,  has  increased  more  than 25% over the average
 5    number of such payments during the 5 year period ending  that
 6    same  June  30; and provided further that if (a), (b) and (c)
 7    occur, then the statewide average weekly wage, as  determined
 8    in  accordance with the preceding sentence, shall be 10% less
 9    than it would have been but for  these  provisions.   If  the
10    reduced  amount,  computed  in  accordance with the preceding
11    sentence, is not already a multiple of one dollar,  it  shall
12    be  rounded  to the nearest dollar.  The 10% reduction in the
13    statewide average weekly wage in the preceding sentence shall
14    not be in effect for more than 2 benefit  periods  of  any  5
15    consecutive benefit periods.  This 10% reduction shall not be
16    cumulative  from  year  to  year.  Neither the freeze nor the
17    reduction  shall  be  considered  in  the  determination   of
18    subsequent  years'  calculations  of statewide average weekly
19    wage. However, for purposes of the Workers' Compensation Act,
20    the statewide average weekly wage will be computed using June
21    1 and December 1 determination dates of  each  calendar  year
22    and such determination shall not be subject to the limitation
23    of  $321,  $335,  $350,  $359,  $381,  $406  or the statewide
24    average weekly  wage  as  computed  in  accordance  with  the
25    preceding 7 sentences of this paragraph.
26        With  respect to any week beginning on or after April 24,
27    1983 and before January  3,  1988,  "maximum  weekly  benefit
28    amount"  means  48%  of  the  statewide  average weekly wage,
29    rounded (if not already a multiple  of  one  dollar)  to  the
30    nearest  dollar,  provided  however,  that the maximum weekly
31    benefit amount  for  an  individual  who  has  established  a
32    benefit  year  beginning  before  April  24,  1983,  shall be
33    determined, for weeks beginning on or after  April  24,  1983
34    claimed  with respect to that benefit year, as provided under
 
HB2654 Engrossed            -10-               LRB9102422WHmg
 1    this Act as amended and  in  effect  on  November  30,  1982,
 2    except  that  the  statewide average weekly wage used in such
 3    determination shall be $334.80.
 4        With respect to any week beginning after January 2,  1988
 5    and  before  January 1, 1993, "maximum weekly benefit amount"
 6    with respect to each week beginning within a  benefit  period
 7    means  49%  of the statewide average weekly wage, rounded (if
 8    not already a multiple of one  dollar)  to  the  next  higher
 9    dollar.
10        With respect to any week beginning on or after January 3,
11    1993,  "maximum  weekly  benefit amount" with respect to each
12    week beginning within a benefit period  means  49.5%  of  the
13    statewide  average  weekly  wage,  rounded  (if not already a
14    multiple of one dollar) to the next higher dollar.
15        C.  With respect to any week beginning on or after  April
16    24,  1983  and  before January 3, 1988, an individual to whom
17    benefits are payable with  respect  to  any  week  shall,  in
18    addition  to  such  benefits,  be  paid, with respect to such
19    week, as follows:  in  the  case  of  an  individual  with  a
20    nonworking  spouse,  7%  of  his  prior  average weekly wage,
21    rounded (if not already a multiple  of  one  dollar)  to  the
22    higher dollar; provided, that the total amount payable to the
23    individual with respect to a week shall not exceed 55% of the
24    statewide  average  weekly  wage,  rounded  (if not already a
25    multiple of one dollar) to the nearest  dollar;  and  in  the
26    case  of  an  individual  with a dependent child or dependent
27    children, 14.4% of his prior average weekly wage, rounded (if
28    not already a multiple of one dollar) to the  higher  dollar;
29    provided,  that  the  total  amount payable to the individual
30    with respect  to  a  week  shall  not  exceed  62.4%  of  the
31    statewide  average  weekly  wage,  rounded  (if not already a
32    multiple of one  dollar)  to  the  next  higher  dollar  with
33    respect  to  the benefit period beginning January 1, 1987 and
34    ending December  31,  1987,  and  otherwise  to  the  nearest
 
HB2654 Engrossed            -11-               LRB9102422WHmg
 1    dollar.   However, for an individual with a nonworking spouse
 2    or with a dependent child or children who has  established  a
 3    benefit  year  beginning before April 24, 1983, the amount of
 4    additional benefits payable  on  account  of  the  nonworking
 5    spouse  or  dependent  child or children shall be determined,
 6    for weeks beginning on or after April 24, 1983  claimed  with
 7    respect  to  that benefit year, as provided under this Act as
 8    in effect on November 30, 1982,  except  that  the  statewide
 9    average  weekly  wage  used  in  such  determination shall be
10    $334.80.
11        With respect to any week beginning on or after January 2,
12    1988 and before January 1, 1991 and any week beginning on  or
13    after  January  1,  1992,  and  before  January  1,  1993, an
14    individual to whom benefits are payable with respect  to  any
15    week  shall,  in  addition  to  those benefits, be paid, with
16    respect  to  such  week,  as  follows:  in  the  case  of  an
17    individual with a nonworking spouse, 8% of his prior  average
18    weekly  wage,  rounded  (if  not  already  a  multiple of one
19    dollar) to the next higher dollar, provided, that  the  total
20    amount  payable  to  the  individual  with respect to a  week
21    shall not exceed 57% of the statewide  average  weekly  wage,
22    rounded (if not already a multiple of one dollar) to the next
23    higher  dollar;  and  in  the  case  of  an individual with a
24    dependent child or  dependent  children,  15%  of  his  prior
25    average  weekly  wage,  rounded (if not already a multiple of
26    one dollar) to the next  higher  dollar,  provided  that  the
27    total amount payable to the individual with respect to a week
28    shall  not  exceed  64% of the statewide average weekly wage,
29    rounded (if not already a multiple of one dollar) to the next
30    higher dollar.
31        With respect to any week beginning on or after January 1,
32    1991 and before  January  1,  1992,  an  individual  to  whom
33    benefits  are  payable  with  respect  to  any week shall, in
34    addition to the benefits, be paid, with respect to such week,
 
HB2654 Engrossed            -12-               LRB9102422WHmg
 1    as follows: in the case of an individual  with  a  nonworking
 2    spouse,  8.3%  of  his prior average weekly wage, rounded (if
 3    not already a multiple of one  dollar)  to  the  next  higher
 4    dollar,  provided,  that  the  total  amount  payable  to the
 5    individual with respect to a week shall not exceed  57.3%  of
 6    the  statewide average weekly wage, rounded (if not already a
 7    multiple of one dollar) to the next higher dollar; and in the
 8    case of an individual with a  dependent  child  or  dependent
 9    children, 15.3% of his prior average weekly wage, rounded (if
10    not  already  a  multiple  of  one dollar) to the next higher
11    dollar,  provided  that  the  total  amount  payable  to  the
12    individual with respect to a week shall not exceed  64.3%  of
13    the  statewide average weekly wage, rounded (if not already a
14    multiple of one dollar) to the next higher dollar.
15        With respect to any week beginning on or after January 3,
16    1993, an individual to whom benefits are payable with respect
17    to any week shall, in addition to those  benefits,  be  paid,
18    with  respect  to  such  week,  as follows: in the case of an
19    individual with a nonworking spouse, 9% of his prior  average
20    weekly  wage,  rounded  (if  not  already  a  multiple of one
21    dollar) to the next higher dollar, provided, that  the  total
22    amount  payable  to  the  individual  with respect to a  week
23    shall not exceed 58.5% of the statewide average weekly  wage,
24    rounded (if not already a multiple of one dollar) to the next
25    higher  dollar;  and  in  the  case  of  an individual with a
26    dependent child or  dependent  children,  16%  of  his  prior
27    average  weekly  wage,  rounded (if not already a multiple of
28    one dollar) to the next  higher  dollar,  provided  that  the
29    total amount payable to the individual with respect to a week
30    shall  not exceed 65.5% of the statewide average weekly wage,
31    rounded (if not already a multiple of one dollar) to the next
32    higher dollar.
33        For the purposes of this subsection:
34        "Dependent" means a child or a nonworking spouse.
 
HB2654 Engrossed            -13-               LRB9102422WHmg
 1        "Child" means a  natural  child,  stepchild,  or  adopted
 2    child  of an individual claiming benefits under this Act or a
 3    child who is in the custody of any such individual  by  court
 4    order, for whom the individual is supplying and, for at least
 5    90  consecutive  days  (or  for  the duration of the parental
 6    relationship if  it  has  existed  for  less  than  90  days)
 7    immediately  preceding  any  week  with  respect to which the
 8    individual has filed a claim, has supplied more than one-half
 9    the cost of support, or has supplied at least 1/4 of the cost
10    of support if the individual and the other parent,  together,
11    are supplying and, during the aforesaid period, have supplied
12    more  than  one-half  the  cost of support, and are, and were
13    during the aforesaid period, members of the  same  household;
14    and  who, on the first day of such week (a) is under 18 years
15    of age, or (b)  is,  and  has  been  during  the  immediately
16    preceding 90 days, unable to work because of illness or other
17    disability:  provided, that no person who has been determined
18    to be a child of an individual who has been allowed  benefits
19    with respect to a week in the individual's benefit year shall
20    be  deemed  to  be  a child of the other parent, and no other
21    person shall be determined  to  be  a  child  of  such  other
22    parent, during the remainder of that benefit year.
23        "Nonworking  spouse"  means the lawful husband or wife of
24    an individual claiming benefits under this Act, for whom more
25    than one-half the cost of support has been  supplied  by  the
26    individual  for  at  least  90  consecutive  days (or for the
27    duration of the marital relationship if it  has  existed  for
28    less  than  90  days)  immediately  preceding  any  week with
29    respect to which the individual has filed a claim,  but  only
30    if  the  nonworking spouse is currently ineligible to receive
31    benefits under this  Act  by  reason  of  the  provisions  of
32    Section 500E.
33        An individual who was obligated by law to provide for the
34    support  of  a  child  or  of  a  nonworking  spouse  for the
 
HB2654 Engrossed            -14-               LRB9102422WHmg
 1    aforesaid period of 90 consecutive days, but was prevented by
 2    illness or injury from doing so,  shall  be  deemed  to  have
 3    provided  more than one-half the cost of supporting the child
 4    or nonworking spouse for that period.
 5    (Source: P.A. 89-633, eff. 1-1-97; 90-554, eff. 12-12-97.)

 6        (820 ILCS 405/901) (from Ch. 48, par. 491)
 7        Sec.  901.  Fraud  -  Repayment   -   Ineligibility.   An
 8    individual  who,  for  the  purpose  of  obtaining  benefits,
 9    knowingly  makes  a  false  statement  or  knowingly fails to
10    disclose a material fact, and  thereby  obtains  any  sum  as
11    benefits 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  Section,
17    for  benefits  for  the  week  in  which  he  or she has been
18    notified of  the  determination  of  the  claims  adjudicator
19    referred  to  in  Section 702 that he or she has committed is
20    ineligible for benefits by reason of the offense described in
21    the first  paragraph  and,  thereafter,  for  6  weeks  (with
22    respect  to  each  of  which  he or she would be eligible for
23    benefits but  for  the  provisions  of  this  paragraph,  not
24    including  weeks  for  which  such  benefits  are  subject to
25    recoupment pursuant to this Section) for the  first  offense,
26    and for 2 additional weeks (with respect to each of which he
27    or  she would be eligible for benefits but for the provisions
28    of  this  paragraph,  not  including  weeks  for  which  such
29    benefits are subject to recoupment pursuant to this  Section)
30    for  each  subsequent  offense.  For  the  purposes  of  this
31    paragraph,  a  separate  offense shall be deemed to have been
32    committed in each week  for  which  such  an  individual  has
33    received  a  sum  as  benefits  for  which  he or she was not
 
HB2654 Engrossed            -15-               LRB9102422WHmg
 1    eligible. No  ineligibility  under  the  provisions  of  this
 2    paragraph  shall  accrue  with  respect to any week beginning
 3    after whichever of the following occurs first: (1) 26 weeks (
 4    with respect  to  each  of  which  the  individual  would  be
 5    eligible   for  benefits  but  for  the  provisions  of  this
 6    paragraph, not including weeks for which  such  benefits  are
 7    subject  to recoupment pursuant to this Section) have elapsed
 8    since  the  date  that  he  or  she  is   notified   of   the
 9    determination  of  the  claims  adjudicator  referred  to  in
10    Section  702  that  he  or  she  has  committed  the  offense
11    described  in  the  first  paragraph  his ineligibility began
12    pursuant to this paragraph, or (2) 2 years have elapsed since
13    the date that he or she is notified of the  determination  of
14    the  claims adjudicator referred to in Section 702 that he or
15    she  has  committed  the  offense  described  in  the   first
16    paragraph his ineligibility began pursuant to this paragraph.
17    (Source: P.A. 80-2dSS-1.)

18        (820 ILCS 405/1500) (from Ch. 48, par. 570)
19        Sec. 1500.  Rate of contribution.
20        A.  For  the  six  months' period beginning July 1, 1937,
21    and for each of the calendar years 1938 to  1959,  inclusive,
22    each  employer  shall  pay  contributions  on  wages  at  the
23    percentages specified in or determined in accordance with the
24    provisions  of  this Act as amended and in effect on July 11,
25    1957.
26        B.  For  the  calendar  years  1960  through  1983,  each
27    employer shall pay contributions equal to  2.7  percent  with
28    respect  to  wages  for  insured  work  paid during each such
29    calendar year, except that  the  contribution  rate  of  each
30    employer  who  has  incurred  liability  for  the  payment of
31    contributions  within  each  of  the  three  calendar   years
32    immediately  preceding  the calendar year for which a rate is
33    being determined, shall be determined as provided in Sections
 
HB2654 Engrossed            -16-               LRB9102422WHmg
 1    1501 to 1507, inclusive.
 2        For  the  calendar  year  1984  and  each  calendar  year
 3    thereafter,  each  employer  shall  pay  contributions  at  a
 4    percentage rate equal  to  the  greatest  of  2.7%,  or  2.7%
 5    multiplied  by  the current adjusted State experience factor,
 6    as determined for each  calendar  year  by  the  Director  in
 7    accordance  with the provisions of Sections 1504 and 1505, or
 8    the average contribution rate for his major classification in
 9    the  Standard  Industrial  Code,  or  another  classification
10    sanctioned by the  United  States  Department  of  Labor  and
11    prescribed by the Director by rule, with respect to wages for
12    insured   work   paid  during  such  year.  The  Director  of
13    Employment Security shall determine for  calendar  year  1984
14    and  each  calendar  year  thereafter by a method pursuant to
15    adopted rules each individual employer's industrial code  and
16    the  average  contribution rate for each major classification
17    in the Standard Industrial Code, or each other classification
18    sanctioned by the  United  States  Department  of  Labor  and
19    prescribed  by  the  Director  by  rule.  Notwithstanding the
20    preceding provisions of this paragraph, the contribution rate
21    for calendar years 1984, 1985 and 1986 of each  employer  who
22    has  incurred  liability  for  the  payment  of contributions
23    within each of the two calendar years  immediately  preceding
24    the  calendar  year for which a rate is being determined, and
25    the  contribution  rate  for  calendar  year  1987  and  each
26    calendar year thereafter of each employer  who  has  incurred
27    liability for the payment of contributions within each of the
28    three  calendar years immediately preceding the calendar year
29    for which a rate is being determined shall be  determined  as
30    provided  in  Sections  1501  to  1507,  inclusive. Provided,
31    however, that the contribution rate for calendar  years  1989
32    and  1990  of  each  employer who has had experience with the
33    risk of unemployment  for  at  least  13  consecutive  months
34    ending June 30 of the preceding calendar year shall be a rate
 
HB2654 Engrossed            -17-               LRB9102422WHmg
 1    determined   in  accordance  with  this  Section  or  a  rate
 2    determined as if it had been calculated  in  accordance  with
 3    Sections  1501 through 1507, inclusive, whichever is greater,
 4    except that for purposes  of  calculating  the  benefit  wage
 5    ratio  as  provided  in Section 1503, such benefit wage ratio
 6    shall be a percentage equal to the total of benefit wages for
 7    the 12 consecutive calendar month period ending on the  above
 8    preceding  June  30,  divided  by the total wages for insured
 9    work subject to the payment of contributions  under  Sections
10    234,  235  and 245 for the same period and provided, further,
11    however, that the contribution rate for  calendar  year  1991
12    and  for  each  calendar year thereafter of each employer who
13    has had experience with the risk of unemployment for at least
14    13  consecutive  months  ending  June  30  of  the  preceding
15    calendar year shall be a rate determined in  accordance  with
16    this  Section  or  a  rate  determined  as  if  it  had  been
17    calculated  in  accordance  with  Sections 1501 through 1507,
18    inclusive, whichever is greater, except that for purposes  of
19    calculating  the benefit ratio as provided in Section 1503.1,
20    such benefit ratio shall be a percentage equal to  the  total
21    of  benefit  charges  for  the  12 consecutive calendar month
22    period ending on the above preceding June 30,  multiplied  by
23    the  benefit  conversion  factor  applicable  to  such  year,
24    divided  by  the  total wages for insured work subject to the
25    payment of contributions under Sections 234, 235 and 245  for
26    the same period.
27        C.  Except   as  expressly  provided  in  this  Act,  the
28    provisions of Sections 1500 to 1510, inclusive, do not  apply
29    to  any nonprofit organization for any period with respect to
30    which  it  does  not  incur  liability  for  the  payment  of
31    contributions by reason of having elected to make payments in
32    lieu of contributions, or to  any  political  subdivision  or
33    municipal corporation for any period with respect to which it
34    is not subject to payments in lieu of contributions under the
 
HB2654 Engrossed            -18-               LRB9102422WHmg
 1    provisions of paragraph 1 of Section 302C by reason of having
 2    elected  to  make  payments  in  lieu  of contributions under
 3    paragraph 2 of that Section or  to  any  governmental  entity
 4    referred  to in clause (B) of Section 211.1. Wages paid to an
 5    individual which are subject to contributions  under  Section
 6    1405  A,  or  on  the basis of which benefits are paid to him
 7    which are subject to payment in lieu of  contributions  under
 8    Sections  1403,  1404,  or  1405  B,  or under paragraph 2 of
 9    Section 302C, shall  not  become  benefit  wages  or  benefit
10    charges  under  the  provisions  of  Sections 1501 or 1501.1,
11    respectively, except for purposes of determining  a  rate  of
12    contribution  for  1984 and each calendar year thereafter for
13    any governmental entity referred to in clause (B) of  Section
14    211.1  which  does  not  elect  to  make  payments in lieu of
15    contributions.
16        D.  If an employer's business is closed solely because of
17    the  entrance  of  one  or  more  of  the  owners,  partners,
18    officers, or the majority stockholder into the  armed  forces
19    of  the  United  States,  or  of any of its allies, or of the
20    United Nations, and, if the business is  resumed  within  two
21    years  after  the  discharge  or  release  of  such person or
22    persons from active duty in the armed  forces,  the  employer
23    will  be deemed to have incurred liability for the payment of
24    contributions continuously throughout such  period.  Such  an
25    employer,  for the purposes of Section 1506.1, will be deemed
26    to have paid contributions upon wages for insured work during
27    the applicable period specified in Section 1503 on or  before
28    the  date  designated  therein, provided that no wages became
29    benefit wages  during  the  applicable  period  specified  in
30    Section 1503.
31    (Source: P.A. 85-956.)

32        (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3)
33        Sec.   1506.3.    Fund   building   rates   -   Temporary
 
HB2654 Engrossed            -19-               LRB9102422WHmg
 1    Administrative Funding.
 2        A.  Notwithstanding  any other provision of this Act, the
 3    following fund building rates shall  be  in  effect  for  the
 4    following calendar years:
 5        For each employer whose contribution rate for 1988, 1989,
 6    1990,  the  first,  third, and fourth quarters of 1991, 1992,
 7    1993, 1994, 1995, and 1997 and any calendar  year  thereafter
 8    would,  in  the absence of this Section, be 0.2% or higher, a
 9    contribution rate which is the sum of such rate and 0.4%;
10        For each employer whose contribution rate for the  second
11    quarter  of  1991  would,  in the absence of this Section, be
12    0.2% or higher, a contribution rate which is the sum of  such
13    rate and 0.3%;
14        For each employer whose contribution rate for 1996 would,
15    in  the  absence  of  this  Section,  be  0.1%  or  higher, a
16    contribution rate which is the sum of such rate and 0.4%;
17        Notwithstanding the preceding paragraphs of this  Section
18    or any other provision of this Act, except for the provisions
19    contained  in  Section 1500 pertaining to rates applicable to
20    employers classified under the Standard Industrial  Code,  or
21    another classification system sanctioned by the United States
22    Department  of  Labor and prescribed by the Director by rule,
23    no employer whose total wages for insured work  paid  by  him
24    during  any  calendar  quarter  in 1988 and any calendar year
25    thereafter are less than $50,000 shall pay contributions at a
26    rate  with  respect  to  such  quarter  which   exceeds   the
27    following:  with  respect  to  calendar  year  1988, 5%; with
28    respect to 1989 and any calendar year thereafter, 5.4%.
29        Notwithstanding the preceding paragraph of this  Section,
30    or   any   other   provision   of  this  Act,  no  employer's
31    contribution rate with respect to calendar years 1993 through
32    1995 shall exceed 5.4% if the employer ceased  operations  at
33    an  Illinois  manufacturing  facility  in  1991  and remained
34    closed at that facility during all of 1992, and the  employer
 
HB2654 Engrossed            -20-               LRB9102422WHmg
 1    in 1993 commits to invest at least $5,000,000 for the purpose
 2    of  resuming  operations  at  that facility, and the employer
 3    rehires during 1993 at least 250 of the individuals  employed
 4    by  it  at  that facility during the one year period prior to
 5    the cessation of its operations,  provided  that,  within  30
 6    days after the effective date of this amendatory Act of 1993,
 7    the  employer makes application to the Department to have the
 8    provisions of this paragraph apply to  it.   The  immediately
 9    preceding  sentence shall be null and void with respect to an
10    employer which by December 31, 1993  has  not  satisfied  the
11    rehiring  requirement specified by this paragraph or which by
12    December 31, 1994 has not made the  investment  specified  by
13    this paragraph.
14        B.  Notwithstanding  any other provision of this Act, for
15    the second quarter of 1991, the  contribution  rate  of  each
16    employer  as  determined  in  accordance  with Sections 1500,
17    1506.1, and subsection A of this Section shall  be  equal  to
18    the  sum of such rate and 0.1%; provided that this subsection
19    shall not apply to any employer  whose  rate  computed  under
20    Section  1506.1  for  such  quarter is between 5.1% and 5.3%,
21    inclusive, and  who  qualifies  for  the  5.4%  rate  ceiling
22    imposed  by  the  last  paragraph  of  subsection  A for such
23    quarter.  All payments made pursuant to this subsection shall
24    be deposited in the Employment Security  Administrative  Fund
25    established   under   Section   2103.1   and   used  for  the
26    administration of this Act.
27        C.  Payments  received  by   the   Director   which   are
28    insufficient to pay the total contributions due under the Act
29    shall  be first applied to satisfy the amount due pursuant to
30    subsection B.
31        D.  All  provisions  of  this  Act  applicable   to   the
32    collection  or  refund of any contribution due under this Act
33    shall be applicable to the collection or  refund  of  amounts
34    due pursuant to subsection B.
 
HB2654 Engrossed            -21-               LRB9102422WHmg
 1    (Source: P.A. 88-518; 89-446, eff. 2-8-96.)

 2        (820 ILCS 405/1507) (from Ch. 48, par. 577)
 3        Sec.   1507.   Contribution   rates   of   successor  and
 4    predecessor employing units.
 5        A. Whenever any employing unit succeeds to  substantially
 6    all  of  the employing enterprises of another employing unit,
 7    then in determining contribution rates for any calendar year,
 8    the experience rating record of the predecessor prior to  the
 9    succession   shall   be  transferred  to  the  successor  and
10    thereafter it shall not be treated as the  experience  rating
11    record  of  the predecessor, except as provided in subsection
12    B. For the purposes of this Section, such  experience  rating
13    record  shall consist of all years during which liability for
14    the payment of contributions was incurred by the  predecessor
15    prior  to  the succession, all benefit wages based upon wages
16    paid by the predecessor prior to the succession, all  benefit
17    charges  based  on  benefits paid by the predecessor prior to
18    the succession, and all wages for insured work  paid  by  the
19    predecessor prior to the succession.
20        B.  The provisions of this subsection shall be applicable
21    only  to  the  determination  of  contribution  rates for the
22    calendar year 1956 and for  each  calendar  year  thereafter.
23    Whenever  any  employing  unit has succeeded to substantially
24    all of the employing enterprises of another  employing  unit,
25    but  the  predecessor  employing unit has retained a distinct
26    severable portion of its employing  enterprises  or  whenever
27    any  employing  unit  has  succeeded  to a distinct severable
28    portion which is less than substantially all of the employing
29    enterprises  of  another  employing   unit,   the   successor
30    employing  unit  shall  acquire  the experience rating record
31    attributable to the portion to which it  has  succeeded,  and
32    the  predecessor  employing  unit shall retain the experience
33    rating record  attributable  to  the  portion  which  it  has
 
HB2654 Engrossed            -22-               LRB9102422WHmg
 1    retained, if--
 2             1.  The  employing  unit which desires to acquire or
 3        retain  such  a  distinct  severable  portion   of   such
 4        experience  rating  record  has filed such reports giving
 5        notice of the transfer as may be required by the Director
 6        within 120 days of such transfer; and
 7             2.  It  files  a  written   application   for   such
 8        experience  rating  record  which  is  joined  in  by the
 9        employing unit which is then entitled to such  experience
10        rating record; and
11             2. 3.  The    joint    application   contains   such
12        information as the Director shall by regulation prescribe
13        which will show that such  experience  rating  record  is
14        identifiable  and  segregable  and, therefore, capable of
15        being transferred; and
16             3. 4.  The  joint  application  is  filed  prior  to
17        whichever of the following dates is the latest: (a)  July
18        1,  1956;  (b) one year after the date of the succession;
19        or (c) the  date  that  the  rate  determination  of  the
20        employing  unit  which  has  applied  for such experience
21        rating record has become  final  for  the  calendar  year
22        immediately  following  the  calendar  year  in which the
23        succession  occurs.  The  filing  of   a   timely   joint
24        application shall not affect any rate determination which
25        has become final, as provided by Section 1509.
26        If  all  of  the foregoing requirements are met, then the
27    Director shall transfer such experience rating record to  the
28    employing  unit  which has applied therefor, and it shall not
29    be treated as the experience rating record of  the  employing
30    unit which has joined in the application.
31        Whenever  any  employing  unit is reorganized into two or
32    more employing units, and any of  such  employing  units  are
33    owned  or  controlled  by  the  same interests which owned or
34    controlled the predecessor prior to the  reorganization,  and
 
HB2654 Engrossed            -23-               LRB9102422WHmg
 1    the  provisions of this subsection become applicable thereto,
 2    then such affiliated employing units  during  the  period  of
 3    their affiliation shall be treated as a single employing unit
 4    for the purpose of determining their rates of contributions.
 5        C.  For  the  calendar  year in which a succession occurs
 6    which  results  in  the  total  or  partial  transfer  of   a
 7    predecessor's  experience  rating  record,  the  contribution
 8    rates  of  the  parties  thereto  shall  be determined in the
 9    following manner:
10             1.  If any of such parties had a  contribution  rate
11        applicable  to  it  for  that  calendar  year,  it  shall
12        continue with such contribution rate.
13             2.  If   any  successor  had  no  contribution  rate
14        applicable to it for that calendar  year,  and  only  one
15        predecessor  is  involved,  then the contribution rate of
16        the  successor  shall  be  the  same  as  that   of   its
17        predecessor.
18             3.  If   any  successor  had  no  contribution  rate
19        applicable to it for that calendar year, and two or  more
20        predecessors  are involved, then the contribution rate of
21        the  successor  shall  be  computed,  on   the   combined
22        experience  rating  records of the predecessors or on the
23        appropriate part of such records if any partial  transfer
24        is  involved,  as  provided  in  Sections  1500  to 1507,
25        inclusive.
26             4.  Notwithstanding the provisions of  paragraphs  2
27        and  3 of this subsection, if any succession occurs prior
28        to the calendar year 1956 and the successor acquires part
29        of the experience rating record  of  the  predecessor  as
30        provided  in  subsection  B  of  this  Section,  then the
31        contribution rate of that successor for the calendar year
32        in which such succession occurs shall be 2.7 percent.
33    (Source: P.A. 90-554, eff. 12-12-97.)
 
HB2654 Engrossed            -24-               LRB9102422WHmg
 1        (820 ILCS 405/1900) (from Ch. 48, par. 640)
 2        Sec. 1900.  Disclosure of information.
 3        A.  Except  as  provided  in  this  Section,  information
 4    obtained from any individual or  employing  unit  during  the
 5    administration of this Act shall:
 6             1.  be confidential,
 7             2.  not be published or open to public inspection,
 8             3.  not  be  used in any court in any pending action
 9        or proceeding,
10             4.  not be admissible in evidence in any  action  or
11        proceeding other than one arising out of this Act.
12        B.  No  finding, determination, decision, ruling or order
13    (including any finding of fact, statement or conclusion  made
14    therein)  issued  pursuant to this Act shall be admissible or
15    used in evidence in any action other than one arising out  of
16    this  Act,  nor  shall  it be binding or conclusive except as
17    provided in this Act, nor shall it constitute  res  judicata,
18    regardless  of  whether  the actions were between the same or
19    related parties or involved the same facts.
20        C.  Any officer or employee of this State, any officer or
21    employee of  any  entity  authorized  to  obtain  information
22    pursuant  to  this Section, and any agent of this State or of
23    such entity who, except with authority of the Director  under
24    this Section, shall disclose information shall be guilty of a
25    Class  B  misdemeanor  and shall be disqualified from holding
26    any appointment or employment by the State.
27        D.  An individual or his duly  authorized  agent  may  be
28    supplied  with  information  from  records only to the extent
29    necessary for  the  proper  presentation  of  his  claim  for
30    benefits  or  with  his  existing  or  prospective  rights to
31    benefits.  Discretion to disclose  this  information  belongs
32    solely  to  the  Director  and is not subject to a release or
33    waiver by the individual. Notwithstanding any other provision
34    to the contrary, an individual or his or her duly  authorized
 
HB2654 Engrossed            -25-               LRB9102422WHmg
 1    agent  may  be  supplied  with  a  statement of the amount of
 2    benefits  paid  to  the  individual  during  the  18   months
 3    preceding the date of his or her request.
 4        E.  An  employing unit may be furnished with information,
 5    only if deemed by the Director as necessary to enable  it  to
 6    fully discharge its obligations or safeguard its rights under
 7    the  Act.   Discretion  to  disclose this information belongs
 8    solely to the Director and is not subject  to  a  release  or
 9    waiver by the employing unit.
10        F.  The  Director may furnish any information that he may
11    deem proper to any public officer or public agency of this or
12    any other State or of the federal government dealing with:
13             1.  the administration of relief,
14             2.  public assistance,
15             3.  unemployment compensation,
16             4.  a system of public employment offices,
17             5.  wages and hours of employment, or
18             6.  a public works program.
19        The  Director  may  make  available   to   the   Illinois
20    Industrial Commission information regarding employers for the
21    purpose  of  verifying  the insurance coverage required under
22    the  Workers'  Compensation  Act  and  Workers'  Occupational
23    Diseases Act.
24        G.  The Director may disclose  information  submitted  by
25    the  State  or  any  of its political subdivisions, municipal
26    corporations,  instrumentalities,  or  school  or   community
27    college  districts, except for information which specifically
28    identifies an individual claimant.
29        H.  The Director shall  disclose  only  that  information
30    required  to  be  disclosed  under  Section 303 of the Social
31    Security Act, as amended, including:
32             1.  any information required to be given the  United
33        States Department of Labor under Section 303(a)(6); and
34             2.  the  making available upon request to any agency
 
HB2654 Engrossed            -26-               LRB9102422WHmg
 1        of the United States charged with the  administration  of
 2        public works or assistance through public employment, the
 3        name,  address, ordinary occupation and employment status
 4        of each recipient of  unemployment  compensation,  and  a
 5        statement   of   such   recipient's   right   to  further
 6        compensation  under  such  law  as  required  by  Section
 7        303(a)(7); and
 8             3.  records  to  make  available  to  the   Railroad
 9        Retirement Board as required by Section 303(c)(1); and
10             4.  information    that   will   assure   reasonable
11        cooperation  with  every  agency  of  the  United  States
12        charged  with  the  administration  of  any  unemployment
13        compensation law as required by Section 303(c)(2); and
14             5.  information upon request and on  a  reimbursable
15        basis  to the United States Department of Agriculture and
16        to any State food stamp agency concerning any information
17        required to be furnished by Section 303(d); and
18             6.  any wage  information  upon  request  and  on  a
19        reimbursable  basis  to  any State or local child support
20        enforcement agency required by Section 303(e); and
21             7.  any  information  required  under   the   income
22        eligibility   and  verification  system  as  required  by
23        Section 303(f); and
24             8.  information that might be useful in locating  an
25        absent  parent  or  that  parent's employer, establishing
26        paternity or establishing, modifying, or enforcing  child
27        support  orders  for  the  purpose  of  a  child  support
28        enforcement program under Title IV of the Social Security
29        Act  upon  the  request of and on a reimbursable basis to
30        the  public  agency  administering  the  Federal   Parent
31        Locator Service as required by Section 303(h); and
32             9.  information, upon request, to representatives of
33        any  federal,  State or local governmental public housing
34        agency with respect to individuals who  have  signed  the
 
HB2654 Engrossed            -27-               LRB9102422WHmg
 1        appropriate  consent  form  approved  by the Secretary of
 2        Housing and Urban Development and who are applying for or
 3        participating   in   any   housing   assistance   program
 4        administered by the United States Department  of  Housing
 5        and Urban Development as required by Section 303(i).
 6        I.  The  Director, upon the request of a public agency of
 7    Illinois, of the federal government or  of  any  other  state
 8    charged with the investigation or enforcement of Section 10-5
 9    of  the  Criminal  Code  of 1961 (or a similar federal law or
10    similar law of another State), may furnish the public  agency
11    information regarding the individual specified in the request
12    as to:
13             1.  the  current  or most recent home address of the
14        individual, and
15             2.  the names  and  addresses  of  the  individual's
16        employers.
17        J.  Nothing  in this Section shall be deemed to interfere
18    with the disclosure of certain records  as  provided  for  in
19    Section  1706  or  with  the  right  to make available to the
20    Internal Revenue Service of the United States  Department  of
21    the  Treasury,  or  the Department of Revenue of the State of
22    Illinois, information obtained under this Act.
23        K.  The Department shall make available to  the  Illinois
24    Student  Assistance  Commission, upon request, information in
25    the possession of the Department that  may  be  necessary  or
26    useful  to  the  Commission in the collection of defaulted or
27    delinquent student loans which the Commission administers.
28        L.  The Department shall  make  available  to  the  State
29    Employees'   Retirement   System,   the   State  Universities
30    Retirement System, and the Teachers' Retirement System of the
31    State  of  Illinois,  upon  request,   information   in   the
32    possession  of the Department that may be necessary or useful
33    to the System for the  purpose  of  determining  whether  any
34    recipient   of  a  disability  benefit  from  the  System  is
 
HB2654 Engrossed            -28-               LRB9102422WHmg
 1    gainfully employed.
 2        M.  This Section shall be applicable to  the  information
 3    obtained  in  the  administration  of  the  State  employment
 4    service,  except  that  the  Director  may publish or release
 5    general labor market information and may furnish  information
 6    that  he  may deem proper to an individual, public officer or
 7    public agency of this or  any  other  State  or  the  federal
 8    government  (in  addition  to those public officers or public
 9    agencies specified in this Section) as he prescribes by Rule.
10        N.  The Director may require such safeguards as he  deems
11    proper  to insure that information disclosed pursuant to this
12    Section is used only for  the  purposes  set  forth  in  this
13    Section.
14        O.  (Blank).
15        P.  Within  30  days  after  the  effective  date of this
16    amendatory  Act  of  1993  and   annually   thereafter,   the
17    Department  shall  provide  to  the  Department  of Financial
18    Institutions a list of individuals or entities that, for  the
19    most   recently   completed  calendar  year,  report  to  the
20    Department as paying wages to workers.  The  lists  shall  be
21    deemed  confidential  and  may  not be disclosed to any other
22    person.
23        Q.  The Director  shall  make  available  to  an  elected
24    federal  official  the  name  and address of an individual or
25    entity that is located within the jurisdiction from which the
26    official  was  elected  and  that,  for  the  most   recently
27    completed  calendar  year,  has reported to the Department as
28    paying wages to workers, where the information will  be  used
29    in  connection  with  the official duties of the official and
30    the official requests the information in writing,  specifying
31    the  purposes for which it will be used. For purposes of this
32    subsection, the use of information  in  connection  with  the
33    official  duties  of  an official does not include use of the
34    information  in   connection   with   the   solicitation   of
 
HB2654 Engrossed            -29-               LRB9102422WHmg
 1    contributions  or expenditures, in money or in kind, to or on
 2    behalf of a candidate for public or  political  office  or  a
 3    political  party  or  with  respect  to a public question, as
 4    defined in Section 1-3 of the Election Code, or in connection
 5    with  any  commercial  solicitation.   Any  elected   federal
 6    official who, in submitting a request for information covered
 7    by  this  subsection,  knowingly  makes  a false statement or
 8    fails to disclose a material fact, with the intent to  obtain
 9    the   information  for  a  purpose  not  authorized  by  this
10    subsection, shall be guilty of a Class B misdemeanor.
11        R.  The Director may provide to any State or local  child
12    support  agency,  upon  request  and on a reimbursable basis,
13    information that might be useful in locating an absent parent
14    or  that  parent's  employer,  establishing   paternity,   or
15    establishing, modifying, or enforcing child support orders.
16    (Source:  P.A.  89-446,  eff.  2-8-96;  89-493,  eff. 1-1-97;
17    90-425, eff. 8-15-97;  90-488,  eff.  8-17-97;  90-655,  eff.
18    7-30-98.)

19        (820 ILCS 405/2100) (from Ch. 48, par. 660)
20        Sec. 2100.  Handling of funds - Bond - Accounts.
21        A.   All   contributions   and   payments   in   lieu  of
22    contributions collected under  this  Act  together  with  any
23    interest  thereon;  all  penalties collected pursuant to this
24    Act; any property or  securities  acquired  through  the  use
25    thereof;  all  moneys advanced to this State's account in the
26    unemployment trust fund pursuant to the provisions  of  Title
27    XII  of  the  Social  Security  Act,  as  amended; all moneys
28    received from the federal tax avoidance surcharge established
29    by Section 1506.4;  all  moneys  received  from  the  Federal
30    government  as  reimbursements pursuant to Section 204 of the
31    Federal-State Extended Unemployment Compensation Act of 1970,
32    as amended; all moneys credited to this  State's  account  in
33    the  unemployment  trust  fund pursuant to Section 903 of the
 
HB2654 Engrossed            -30-               LRB9102422WHmg
 1    Federal Social Security Act, as amended;  and all earnings of
 2    such property or securities and any interest earned upon  any
 3    such  moneys  shall be paid or turned over to and held by the
 4    Director, as ex-officio custodian of  the  clearing  account,
 5    the  unemployment trust fund account and the benefit account,
 6    and by the State Treasurer, as ex-officio  custodian  of  the
 7    special  administrative  account, separate and apart from all
 8    public  moneys  or  funds  of  this  State,  as   hereinafter
 9    provided.   Such moneys shall be administered by the Director
10    exclusively for the purposes of this Act.
11        No such moneys shall be paid or expended except upon  the
12    direction of the Director in accordance with such regulations
13    as he shall prescribe pursuant to the provisions of this Act.
14        The  State  Treasurer  shall  be  liable  on  his general
15    official bond for the faithful performance of his  duties  in
16    connection  with  the  moneys  in  the special administrative
17    account provided for under this Act.  Such liability  on  his
18    official  bond  shall exist in addition to the liability upon
19    any separate bond given  by  him.   All  sums  recovered  for
20    losses  sustained  by  the account shall be deposited in that
21    account.
22        The Director shall be liable on his general official bond
23    for the faithful performance of his duties in connection with
24    the moneys in the clearing account, the benefit  account  and
25    unemployment  trust fund account provided for under this Act.
26    Such liability on his official bond shall exist  in  addition
27    to  the  liability  upon any separate bond given by him.  All
28    sums recovered  for  losses  sustained  by  any  one  of  the
29    accounts  shall  be  deposited  in the account that sustained
30    such loss.
31        The Treasurer shall maintain for such  moneys  a  special
32    administrative account.  The Director shall maintain for such
33    moneys  3  separate  accounts:  a clearing account, a benefit
34    account and an unemployment trust fund account.   All  moneys
 
HB2654 Engrossed            -31-               LRB9102422WHmg
 1    payable under this Act (except moneys requisitioned from this
 2    State's  account in the unemployment trust fund and deposited
 3    in  the  benefit  account),  upon  receipt  thereof  by   the
 4    Director,  shall  be  immediately  deposited  in the clearing
 5    account; provided, however,  that,  except  as  is  otherwise
 6    provided in this Section, interest and penalties shall not be
 7    deemed   a   part  of  the  clearing  account  but  shall  be
 8    transferred immediately upon clearance thereof to the special
 9    administrative account.
10        After clearance thereof, all other moneys in the clearing
11    account shall be immediately deposited by the  Director  with
12    the Secretary of the Treasury of the United States of America
13    to   the   credit  of  the  account  of  this  State  in  the
14    unemployment trust fund, established and maintained  pursuant
15    to the Federal Social Security Act, as amended.
16        The   benefit   account   shall  consist  of  all  moneys
17    requisitioned from this State's account in  the  unemployment
18    trust  fund.   The  moneys  in  the  benefit account shall be
19    expended in accordance with  regulations  prescribed  by  the
20    Director  and  solely for the payment of benefits, refunds of
21    contributions, interest and penalties under the provisions of
22    the Act, the payment of health insurance in  accordance  with
23    Section 410 of this Act, and the transfer or payment of funds
24    to  any  Federal  or  State  agency  pursuant  to  reciprocal
25    arrangements   entered   into   by  the  Director  under  the
26    provisions of Section 2700E, except that moneys  credited  to
27    this  State's account in the unemployment trust fund pursuant
28    to Section  903  of  the  Federal  Social  Security  Act,  as
29    amended,  shall be used exclusively as provided in subsection
30    B. The Director shall, from time to  time,  requisition  from
31    the  unemployment  trust fund such amounts, not exceeding the
32    amounts standing to the State's account therein, as he  deems
33    necessary  solely  for the payment of such benefits, refunds,
34    and funds, for a reasonable future period.  The Director,  as
 
HB2654 Engrossed            -32-               LRB9102422WHmg
 1    ex-officio  custodian  of the benefit account, which shall be
 2    kept separate and apart from all other public  moneys,  shall
 3    issue  his  checks for the payment of such benefits, refunds,
 4    health insurance and funds solely from the moneys so received
 5    into the benefit account.  However, after January 1, 1987, no
 6    check shall be drawn on such benefit account  unless  at  the
 7    time  of  drawing there is sufficient money in the account to
 8    pay the check.  The Director shall  retain  in  the  clearing
 9    account  an  amount  of  interest  and penalties equal to the
10    amount of interest and penalties  to  be  refunded  from  the
11    benefit  account.   After  clearance  thereof,  the amount so
12    retained shall be immediately deposited by the  Director,  as
13    are  all  other  moneys  in  the  clearing  account, with the
14    Secretary of the Treasury of the United States.  If,  at  any
15    time,  an  insufficient  amount  of interest and penalties is
16    available for retention in the clearing account, no refund of
17    interest or penalties shall be made from the benefit  account
18    until  a  sufficient amount is available for retention and is
19    so retained, or until the State Treasurer, upon the direction
20    of the Director,  transfers  to  the  Director  a  sufficient
21    amount from the special administrative account, for immediate
22    deposit in the benefit account.
23        Any balance of moneys requisitioned from the unemployment
24    trust  fund  which remains unclaimed or unpaid in the benefit
25    account after the expiration of the  period  for  which  such
26    sums   were  requisitioned  shall  either  be  deducted  from
27    estimates of and may be utilized for authorized  expenditures
28    during  succeeding  periods,  or,  in  the  discretion of the
29    Director, shall be redeposited  with  the  Secretary  of  the
30    Treasury  of  the  United States to the credit of the State's
31    account in the unemployment trust fund.
32        Moneys   in   the   clearing,   benefit    and    special
33    administrative  accounts  shall  not be commingled with other
34    State funds but they shall be deposited as  required  by  law
 
HB2654 Engrossed            -33-               LRB9102422WHmg
 1    and maintained in separate accounts on the books of a savings
 2    and loan association or bank.
 3        No  bank  or  savings  and loan association shall receive
 4    public funds as permitted by  this  Section,  unless  it  has
 5    complied   with  the  requirements  established  pursuant  to
 6    Section 6 of "An  Act  relating  to  certain  investments  of
 7    public  funds by public agencies", approved July 23, 1943, as
 8    now or hereafter amended.
 9        B.  Moneys credited to the account of this State  in  the
10    unemployment  trust  fund by the Secretary of the Treasury of
11    the United States pursuant  to  Section  903  of  the  Social
12    Security  Act  may  not  be  requisitioned  from this State's
13    account or and used as authorized by Section 903  except  for
14    the  payment  of  benefits  and  for  the payment of expenses
15    incurred for the administration of this  Act.   Any  interest
16    required to be paid on advances under Title XII of the Social
17    Security  Act  shall be paid in a timely manner and shall not
18    be paid, directly or indirectly, by an  equivalent  reduction
19    in  contributions  or  payments in lieu of contributions from
20    amounts in this State's account  in  the  unemployment  trust
21    fund.    Such   moneys   may  be  requisitioned  pursuant  to
22    subsection A for the payment of benefits.   Such  moneys  may
23    also  be  requisitioned  and used for the payment of expenses
24    incurred  for  the  administration  of  this  Act,  but  only
25    pursuant to a specific appropriation by the General  Assembly
26    and  only  if  the  expenses  are incurred and the moneys are
27    requisitioned after the enactment  of  an  appropriation  law
28    which:
29             1.  Specifies the purpose or purposes for which such
30        moneys   are  appropriated  and  the  amount  or  amounts
31        appropriated therefor;
32             2.  Limits the period within which such  moneys  may
33        be  obligated  to  a  period ending not more than 2 years
34        after the date of the enactment of the appropriation law;
 
HB2654 Engrossed            -34-               LRB9102422WHmg
 1        and
 2             3.  Limits the amount which may be obligated  during
 3        any  fiscal  year  to an amount which does not exceed the
 4        amount  by  which  (a)  the  aggregate  of  the   amounts
 5        transferred  to  the  account  of  this State pursuant to
 6        Section 903 of the Social Security Act  exceeds  (b)  the
 7        aggregate  of  the amounts used by this State pursuant to
 8        this Act and charged against the amounts  transferred  to
 9        the account of this State.
10        For  purposes  of  paragraph (3) above, amounts obligated
11    for administrative  purposes  pursuant  to  an  appropriation
12    shall  be chargeable against transferred amounts at the exact
13    time the obligation  is  entered  into.   The  appropriation,
14    obligation,  and  expenditure  or  other disposition of money
15    appropriated under this subsection shall be accounted for  in
16    accordance  with  standards  established by the United States
17    Secretary of Labor.
18        Moneys appropriated as provided herein for the payment of
19    expenses of administration  shall  be  requisitioned  by  the
20    Director  as  needed  for the payment of obligations incurred
21    under such appropriation. Upon requisition, such moneys shall
22    be deposited with the State Treasurer, who  shall  hold  such
23    moneys,  as  ex-officio custodian thereof, in accordance with
24    the requirements of Section 2103 and, upon the  direction  of
25    the  Director, shall make payments therefrom pursuant to such
26    appropriation.  Moneys so deposited  shall,  until  expended,
27    remain a part of the unemployment trust fund and, if any will
28    not be expended, shall be returned promptly to the account of
29    this State in the unemployment trust fund.
30        C.  The  Governor  is  authorized  to apply to the United
31    States Secretary of Labor for an advance or advances to  this
32    State's  account  in  the unemployment trust fund pursuant to
33    the conditions set forth in Title XII of the  Federal  Social
34    Security Act, as amended.  The amount of any such advance may
 
HB2654 Engrossed            -35-               LRB9102422WHmg
 1    be repaid from this State's account in the unemployment trust
 2    fund  provided  that  if  the  federal  penalty tax avoidance
 3    surcharge established by Section 1506.4 is in effect for that
 4    year, any outstanding advance  shall  first  be  repaid  from
 5    amounts  in  this  State's  account in the unemployment trust
 6    fund which were received from such surcharge by November 9 of
 7    each year.
 8    (Source: P.A. 86-3; 87-122.)

 9        Section 99.  This Section and the changes to Sections 235
10    and 401 of the Unemployment Insurance Act  take  effect  upon
11    becoming law.

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