Sen. Don Harmon
Filed: 4/11/2005
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| 1 | AMENDMENT TO SENATE BILL 2075
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 2075 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Wage Payment and Collection Act is | ||||||
| 5 | amended by changing Section 5 as follows:
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| 6 | (820 ILCS 115/5) (from Ch. 48, par. 39m-5)
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| 7 | Sec. 5. Every employer shall pay the final compensation of | ||||||
| 8 | separated
employees in full, at the time of separation, if | ||||||
| 9 | possible, but in no
case later than the next regularly | ||||||
| 10 | scheduled payday for such employee.
Where such employee | ||||||
| 11 | requests in writing that his final compensation be
paid by | ||||||
| 12 | check and mailed to him, the employer shall comply with this
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| 13 | request.
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| 14 | Unless otherwise provided in a collective bargaining | ||||||
| 15 | agreement, whenever
a contract of employment or employment | ||||||
| 16 | policy provides for paid vacations,
and an employee resigns or | ||||||
| 17 | is terminated without having taken all vacation
time earned in | ||||||
| 18 | accordance with such contract of employment
or employment | ||||||
| 19 | policy, the monetary equivalent of all earned vacation
shall be | ||||||
| 20 | paid to him or her as part of his or her final compensation
at | ||||||
| 21 | his or her final rate of pay and no employment contract or | ||||||
| 22 | employment
policy shall provide for forfeiture of earned | ||||||
| 23 | vacation time upon separation. | ||||||
| 24 | Notwithstanding anything in this Act, an employer may | ||||||
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| 1 | maintain and enforce written
incentive or deferred | ||||||
| 2 | compensation plans which provide that the incentive or deferred
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| 3 | compensation for employees whose total compensation exceeds | ||||||
| 4 | $100,000 per year may be
payable after separation of employment | ||||||
| 5 | and may be subject to nonpayment under any specified
terms and | ||||||
| 6 | conditions. Wages and final compensation, other than incentive | ||||||
| 7 | or deferred
compensation, that an employee has already earned | ||||||
| 8 | during his or her employment shall not be
restricted, | ||||||
| 9 | forfeited, or otherwise adversely affected by any written | ||||||
| 10 | incentive or deferred
compensation plan and shall be payable in | ||||||
| 11 | accordance with this Act. An employee who is a
party to a | ||||||
| 12 | written incentive plan or deferred compensation plan shall not | ||||||
| 13 | be precluded from filing a
wage claim application with the | ||||||
| 14 | Department.
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| 15 | (Source: P.A. 83-199.)
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| 16 | Section 99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.".
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