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| 1 | AN ACT concerning employment.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Unemployment Insurance Act is amended by | |||||||||||||||||||
| 5 | changing Section 901 as follows:
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| 6 | (820 ILCS 405/901) (from Ch. 48, par. 491)
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| 7 | Sec. 901. Fraud - Repayment - Ineligibility. | |||||||||||||||||||
| 8 | (1) An individual who, for the purpose of obtaining | |||||||||||||||||||
| 9 | benefits, knowingly
makes a false statement or knowingly fails | |||||||||||||||||||
| 10 | to disclose a material fact,
and thereby obtains any sum as | |||||||||||||||||||
| 11 | benefits for which he is not eligible:
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| 12 | A. Shall be required to repay such sum in cash, or the | |||||||||||||||||||
| 13 | amount thereof may
be recovered or recouped pursuant to | |||||||||||||||||||
| 14 | the provisions of Section 900.
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| 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 | |||||||||||||||||||
| 21 | and, thereafter, for 6 weeks (with respect to each of
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| 22 | which he or she
would be eligible for benefits but for the | |||||||||||||||||||
| 23 | provisions of this
paragraph, not including weeks for | |||||||||||||||||||
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| 1 | which such benefits are subject to
recoupment pursuant to | ||||||
| 2 | this Section)
for the first offense, and for 2 additional | ||||||
| 3 | weeks (with respect to each
of which he or she would be | ||||||
| 4 | eligible for benefits but for the provisions
of this | ||||||
| 5 | paragraph, not including weeks for which such benefits are | ||||||
| 6 | subject to
recoupment pursuant to this Section) for each | ||||||
| 7 | subsequent offense. For the
purposes of this paragraph, a | ||||||
| 8 | separate offense shall be deemed to have been
committed in | ||||||
| 9 | each week for which such an individual has received a sum | ||||||
| 10 | as
benefits for which he
or she
was not eligible. No | ||||||
| 11 | ineligibility under the provisions
of this paragraph shall | ||||||
| 12 | accrue with respect to any week beginning after
whichever | ||||||
| 13 | of the following occurs first: (1) 26 weeks (with respect | ||||||
| 14 | to each
of which the individual would be eligible for | ||||||
| 15 | benefits but for the provisions
of this paragraph, not
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| 16 | including weeks for which such benefits are subject to | ||||||
| 17 | recoupment pursuant to
this Section)
have elapsed since | ||||||
| 18 | the date that he or she is notified of the determination
of | ||||||
| 19 | the claims adjudicator referred to in Section 702 that he | ||||||
| 20 | or she has
committed the offense described in the first | ||||||
| 21 | paragraph, or (2) 2 years have
elapsed
since the date
that | ||||||
| 22 | he
or she
is notified of the determination of the claims | ||||||
| 23 | adjudicator referred
to in Section 702 that he
or she
has | ||||||
| 24 | committed the offense described in the first
paragraph.
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| 25 | (2) Notwithstanding subsection (1), if the individual's | ||||||
| 26 | benefit year begins on or after March 8, 2020, but prior to the | ||||||
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| 1 | week following the last week of the disaster period | ||||||
| 2 | established by the gubernatorial disaster proclamation in | ||||||
| 3 | response to COVID-19 dated March 9, 2020 and any subsequent | ||||||
| 4 | gubernatorial disaster proclamation in response to COVID-19, | ||||||
| 5 | the penalties and requirements of paragraph B of subsection | ||||||
| 6 | (1) shall not apply to such individuals who are otherwise | ||||||
| 7 | entitled to receive benefits under this Act as long as the | ||||||
| 8 | false statement or failure to disclose a material fact in | ||||||
| 9 | subsection (1) occurred before March 9, 2020. Nothing in this | ||||||
| 10 | Section shall be construed to relieve an individual from any | ||||||
| 11 | penalties imposed under paragraph B of subsection (1), and | ||||||
| 12 | upon expiration of the disaster period established by the | ||||||
| 13 | gubernatorial disaster proclamation in response to COVID-19 | ||||||
| 14 | dated March 9, 2020 and any subsequent gubernatorial disaster | ||||||
| 15 | proclamation in response to COVID-19, such penalties may be | ||||||
| 16 | imposed. | ||||||
| 17 | (Source: P.A. 91-342, eff. 1-1-00.)
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| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law.
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