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1 | | employer's base employment through means including, but not |
2 | | limited to, wage reports submitted pursuant to the Unemployment |
3 | | Insurance Act. |
4 | | "Business association" means an organization formed under |
5 | | Section 501(c)(6) of the Internal Revenue Code or a generally |
6 | | recognized entity or organization that represents the |
7 | | interests of multiple businesses in Illinois. |
8 | | "Community college" means a community college as defined in |
9 | | Section 1-2 of the Public Community College Act. |
10 | | "Credit" or "I-STEP Credit" means an amount agreed to in an |
11 | | agreement with an employer under this Act that does not exceed |
12 | | the Incremental Income Tax attributable to the employer's |
13 | | project. |
14 | | "Employer" means a for-profit, legal entity including, but |
15 | | not limited to, a sole proprietorship, partnership, |
16 | | corporation, joint venture, association, or cooperative, that |
17 | | has in its employ one or more individuals performing services |
18 | | for it. |
19 | | "Federal minimum wage" means the minimum wage as defined by |
20 | | the federal Fair Labor Standards Act (29 U.S.C. 201 et seq.). |
21 | | "Full-time, permanent job" means a job in which the |
22 | | employee works for the employer at a rate of at least 35 hours |
23 | | per week. |
24 | | "I-STEP Fund" means the fund established in Section 20 of |
25 | | this Act. |
26 | | "Incremental income tax" means the total amount withheld |
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1 | | during the taxable year under Article 7 of the Illinois Income |
2 | | Tax Act from the compensation paid to employees in new jobs |
3 | | that are the subject of an agreement. |
4 | | "Labor organization" means an organization defined as a |
5 | | "labor organization" under the National Labor Relations Act. |
6 | | "New job" means a full-time, permanent job located in this |
7 | | State that meets all of the following: |
8 | | (1) The job results in a net increase in the base |
9 | | employment in this State for the employer. |
10 | | (2) The job is not being filled or refilled as a result |
11 | | of a layoff or to replace an employee who is or has been on |
12 | | strike or locked out by the employer. |
13 | | (3) The job is not a job that existed in the employer's |
14 | | business within this State within the last 4 completed |
15 | | quarters preceding the effective date of the agreement. |
16 | | (4) The wage paid for the job is equal to or exceeds |
17 | | 175% of the federal minimum wage on the effective date of |
18 | | the agreement. |
19 | | (5) The employer has posted the job on the |
20 | | IllinoisJobLink.com System or its successor system for at |
21 | | least 2 weeks preceding the effective date of the agreement |
22 | | and did not locate an individual who has the requisite |
23 | | expertise, experience, and background, except that this |
24 | | requirement does not apply if either (i) the job would be |
25 | | covered by a collective bargaining agreement between the |
26 | | employer and a labor organization that includes provisions |
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1 | | concerning hiring or training or (ii) the employer does not |
2 | | have employees performing services in this State as of the |
3 | | effective date of the Agreement. |
4 | | A new job may not be filled by a child, grandchild, parent, |
5 | | or spouse, other than a spouse who is legally separated from |
6 | | the individual, of any individual who has a direct or indirect |
7 | | ownership interest of at least 5% in the profits, capital, or |
8 | | value of the employer. |
9 | | "Program costs" means all necessary and incidental costs of |
10 | | providing program services in connection with a project, |
11 | | including administrative costs. |
12 | | "Program services" includes, but is not limited to, any of |
13 | | the following items needed to hire or train a worker for a new |
14 | | job: |
15 | | (1) Training or retraining including, but not limited |
16 | | to, training or retraining provided by apprenticeship and |
17 | | training programs approved by and registered with the |
18 | | United States Department of Labor's Bureau of |
19 | | Apprenticeship and Training. |
20 | | (2) Adult basic education and job-related instruction. |
21 | | (3) Developmental, readiness, and remedial education. |
22 | | (4) Vocational and skill-assessment services and |
23 | | testing. |
24 | | (5) Training facilities, equipment, materials, and |
25 | | supplies. |
26 | | "Project" means an arrangement for program services that |
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1 | | are the subject of an agreement entered into under this Act. |
2 | | Section 10. Agreement. |
3 | | (a) The Director of Commerce and Economic Opportunity and |
4 | | the Director of Employment Security shall each have the power |
5 | | to enter into an agreement to establish a project with an |
6 | | employer. The agreement may be directly with an employer or |
7 | | with a business association, labor organization, local |
8 | | workforce investment board, community college, or nonprofit |
9 | | corporation acting on behalf of an employer. The Directors of |
10 | | Commerce and Economic Opportunity and Employment Security may |
11 | | consult with the I-STEP Panel before entering into an |
12 | | agreement. |
13 | | (b) An agreement shall, at a minimum: |
14 | | (1) State the project's total program costs. |
15 | | (2) State that the employer may use the I-STEP Credit |
16 | | pursuant to Section 15 to reimburse up to 75% of the |
17 | | project's total program costs. If the Department of |
18 | | Employment Security or the Department of Commerce and |
19 | | Economic Opportunity determines that the project will |
20 | | reduce long-term unemployment in the State, the agreement |
21 | | shall state that the employer may use the I-STEP Credit to |
22 | | reimburse up to 100% of the project's total program costs. |
23 | | (3) Describe the program services to be provided. |
24 | | (4) Specify the number of new jobs covered by the |
25 | | project. |
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1 | | (5) Include a certification by the employer that it |
2 | | shall (i) offer to assume the collective bargaining |
3 | | obligations of a prior employer, including any existing |
4 | | collective bargaining agreement with the bargaining |
5 | | representative of any existing collective bargaining unit |
6 | | or units performing substantially similar work to the work |
7 | | being performed by any employee in a new job and (ii) offer |
8 | | employment to all employees currently employed in any |
9 | | existing bargaining unit performing substantially similar |
10 | | work to the work being performed by any employee in a new |
11 | | job. |
12 | | (6) Include a provision that fixes the maximum amount |
13 | | of I-STEP Credit for the reimbursement of program costs for |
14 | | each taxable year. |
15 | | (7) Specify the duration of the I-STEP Credit and the |
16 | | first taxable year for which the Credit may be claimed. |
17 | | (8) Require that an employer shall at all times keep |
18 | | proper books of record and account, in accordance with |
19 | | generally accepted accounting principles consistently |
20 | | applied, with the books, records, or papers related to the |
21 | | agreement in the custody or control of the employer open |
22 | | for reasonable inspection and audits by the Department of |
23 | | Commerce and Economic Opportunity and Department of |
24 | | Employment Security and including, without limitation, the |
25 | | making of copies of the books, records, or papers and the |
26 | | inspection or appraisal of any of the employer or project |
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1 | | assets related to the project. |
2 | | (9) Indicate the amount of administrative costs that |
3 | | the employer will be required to deposit into the I-STEP |
4 | | Fund. |
5 | | (10) Contain other provisions the Department of |
6 | | Commerce and Economic Opportunity and Department of |
7 | | Employment Security consider appropriate or necessary. |
8 | | (c) The administrative costs of the Department of Commerce |
9 | | and Economic Opportunity' with respect to each project shall |
10 | | not exceed 5% of the program costs. The Department of |
11 | | Employment Security's administrative costs with respect to |
12 | | each project shall not exceed 5% of the program costs. In the |
13 | | case of an agreement between the Department of Commerce and |
14 | | Economic Opportunity or the Department of Employment Security |
15 | | and a business association, labor organization, local |
16 | | workforce investment board, community college, or nonprofit |
17 | | corporation acting on behalf of an employer, the administrative |
18 | | costs of the business association, labor organization, local |
19 | | workforce investment board, community college, or nonprofit |
20 | | corporation shall not exceed 5% of the program costs and shall |
21 | | be in addition to the program costs of the Department of |
22 | | Commerce and Economic Opportunity and the Department of |
23 | | Employment Security. |
24 | | (d) The Department of Commerce and Economic Opportunity and |
25 | | the Department of Employment Security shall annually report to |
26 | | the General Assembly, no later than December 31, on the new |
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1 | | jobs created and amount of credits for which employers have |
2 | | been certified as eligible pursuant to this Act. |
3 | | (e) A summary of each agreement shall be posted on the |
4 | | website maintained pursuant to the Corporate Accountability |
5 | | for Tax Expenditures Act. |
6 | | Section 15. I-STEP Credit. |
7 | | (a) Subject to the conditions set forth in this Act, for |
8 | | any taxable year ending on or after December 31, 2014, an |
9 | | employer is entitled to a credit against its obligation to pay |
10 | | over withholding under Section 704A of the Illinois Income Tax |
11 | | Act, if the employer is awarded a Credit under this Act for |
12 | | that taxable year. |
13 | | (b) The duration of the credit may not exceed 10 taxable |
14 | | years. The credit may be stated as a percentage of the |
15 | | incremental income tax attributable to the employer's project |
16 | | and shall include a fixed dollar limitation that shall not |
17 | | exceed the amount calculated pursuant to paragraph (2) of |
18 | | subsection (b) of Section 10. |
19 | | (c) An employer claiming a credit under this Act shall |
20 | | submit to the Department of Revenue a copy of the certificate |
21 | | of verification under this Act for the taxable year. However, |
22 | | failure to submit a copy of the certificate with the employer's |
23 | | tax return shall not invalidate a claim for a credit. |
24 | | (d) For an employer to be eligible for a certificate of |
25 | | verification, the employer shall provide proof as required by |
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1 | | the Department of Commerce and Economic Opportunity or the |
2 | | Department of Employment Security prior to the end of each |
3 | | calendar year including, but not limited to, attestation by the |
4 | | employer: |
5 | | (1) regarding the number of new jobs specified in its |
6 | | agreement and into which it has hired employees; |
7 | | (2) that employees received the program services |
8 | | specified in the agreement; and |
9 | | (3) regarding the amount of program costs incurred by |
10 | | the employer with respect to those new jobs. |
11 | | (e) For a certificate of verification to be valid, it shall |
12 | | be signed by the Director of Commerce and Economic Opportunity |
13 | | or the Director of Employment Security. |
14 | | Section 20. I-STEP Fund. |
15 | | (a) There is established in the State Treasury a special |
16 | | fund to be known as the I-STEP Fund. |
17 | | (b) Money received, earned, or collected pursuant to this |
18 | | Act shall be credited to the I-STEP Fund. All interest earnings |
19 | | on amounts within the I-STEP Fund shall accrue to the I-STEP |
20 | | Fund. The I-STEP Fund may include such funds and accounts as |
21 | | are necessary for the implementation and administration of this |
22 | | Act. All sums recovered for losses sustained by the I-STEP Fund |
23 | | shall be deposited into the I-STEP Fund. |
24 | | (c) Moneys may be paid or expended from the I-STEP Fund for |
25 | | the payment of administrative costs associated with projects |
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1 | | established pursuant to this Act. |
2 | | (d) Any payments or expenditures from the I-STEP Fund, |
3 | | other than administrative costs associated with projects |
4 | | established pursuant to this Act, shall require the approval of |
5 | | both the Director of Employment Security and the Director of |
6 | | Commerce and Economic Opportunity. |
7 | | Section 25. I-STEP Panel. |
8 | | (a) There is created the I-STEP Panel. The I-STEP Panel |
9 | | shall consist of the Director of Commerce and Economic |
10 | | Opportunity and the Director of Employment Security, who shall |
11 | | serve as co-chairpersons, and 11 members who shall be appointed |
12 | | by the Governor with the advice and consent of the Senate. |
13 | | (b) The members of the I-STEP Panel shall include a |
14 | | representative from each of the following businesses and |
15 | | groups: manufacturing, small business, a local or State |
16 | | business association or chamber of commerce, building and |
17 | | construction trades unions, a labor organization representing |
18 | | workers engaged in manufacturing, a labor organization |
19 | | representing workers engaged in service professions, a |
20 | | not-for-profit corporation providing workforce training, a |
21 | | community college, and a local workforce investment board. |
22 | | There shall be 2 at-large voting members who reside within |
23 | | counties or municipalities that have had an annual average |
24 | | unemployment rate of at least 120% of the State's annual |
25 | | average unemployment rate as reported by Department of |
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1 | | Employment Security for the 5 years preceding the date of |
2 | | appointment. All appointments shall be made in a geographically |
3 | | diverse manner. |
4 | | (c) For the initial appointments to the I-STEP Panel, 5 |
5 | | members shall be appointed to serve a 2-year term and 6 members |
6 | | shall be appointed to serve a 4-year term. Thereafter, all |
7 | | appointments shall be for terms of 4 years. The initial term of |
8 | | appointed members shall commence on July 1, 2014. Thereafter, |
9 | | the terms of appointed members shall commence on July 1, except |
10 | | in the case of an appointment to fill a vacancy. Vacancies |
11 | | occurring among the members shall be filled in the same manner |
12 | | as the original appointment for the remainder of the unexpired |
13 | | term. For a vacancy occurring when the Senate is not in |
14 | | session, the Governor may make a temporary appointment until |
15 | | the next meeting of the Senate when a person shall be nominated |
16 | | to fill the office, and, upon confirmation by the Senate, he or |
17 | | she shall hold office during the remainder of the term. A |
18 | | vacancy in membership does not impair the ability of a quorum |
19 | | to exercise all rights and perform all duties of the I-STEP |
20 | | Panel. A member is eligible for reappointment. |
21 | | (d) The I-STEP Panel shall advise the Department of |
22 | | Commerce and Economic Opportunity and Department of Employment |
23 | | Security on the implementation and administration of this Act. |
24 | | (e) Members of the I-STEP Panel shall serve without |
25 | | compensation, but shall be reimbursed for any necessary |
26 | | expenses from funds appropriated for that purpose. |
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1 | | Section 30. Powers of the Departments. In addition to those |
2 | | powers granted under the Civil Administrative Code of Illinois, |
3 | | the Department of Commerce and Economic Opportunity and the |
4 | | Department of Employment Security are granted and shall have |
5 | | all the powers necessary or convenient to carry out and |
6 | | effectuate the purposes and provisions of this Act. These |
7 | | powers shall include, but are not limited to, power and |
8 | | authority to: |
9 | | (1) Jointly promulgate procedures or rules necessary |
10 | | and appropriate for the administration of this Act, |
11 | | establish forms for applications, notifications, |
12 | | contracts, or any other agreements, and accept |
13 | | applications at any time during the year. |
14 | | (2) Establish, negotiate, and effectuate any term, |
15 | | agreement, or other document with any person, necessary or |
16 | | appropriate to accomplish the purposes of this Act, and to |
17 | | consent, subject to the provisions of any agreement with |
18 | | another party, to the modification or restructuring of any |
19 | | agreement made pursuant to this Act to which the Department |
20 | | of Commerce and Economic Opportunity or the Department of |
21 | | Employment Security is a party. |
22 | | (3) Fix, determine, charge, and collect any premiums, |
23 | | fees, charges, costs, and expenses from employers |
24 | | including, without limitation, application fees, |
25 | | commitment fees, program fees, financing charges, or |
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1 | | publication fees, deemed appropriate to pay expenses |
2 | | necessary or incident to the (i) administration, staffing, |
3 | | or operation in connection with the Department of Commerce |
4 | | and Economic Opportunity's or the Department of Employment |
5 | | Security's activities under this Act, (ii) preparation, |
6 | | implementation, and enforcement of the terms of the |
7 | | agreement, or (iii) consultation, advisory and legal fees |
8 | | and other costs; however, all fees and expenses incident |
9 | | thereto shall be the responsibility of the employer. |
10 | | (4) Provide for sufficient personnel to permit |
11 | | administration, staffing, operation, and related support |
12 | | required to adequately discharge its duties and |
13 | | responsibilities described in this Act from funds made |
14 | | available for that purpose. |
15 | | (5) Gather information and conduct inquiries, in the |
16 | | manner and by methods as deemed desirable including, |
17 | | without limitation, gathering information with respect to |
18 | | employers for the purpose of making any designations or |
19 | | certifications necessary or desirable or to gather |
20 | | information to assist the I-STEP Panel with any |
21 | | recommendation or guidance in the furtherance of the |
22 | | purposes of this Act.
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23 | | Section 85. The State Finance Act is amended by adding |
24 | | Section 5.855 as follows: |
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1 | | (30 ILCS 105/5.855 new) |
2 | | Sec. 5.855. The I-STEP Fund. |
3 | | Section 90. The Unemployment Insurance Act is amended by |
4 | | changing Sections 500, 1402, and 2101 as follows:
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5 | | (820 ILCS 405/500) (from Ch. 48, par. 420)
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6 | | Sec. 500. Eligibility for benefits. An unemployed |
7 | | individual shall
be eligible to receive benefits with respect |
8 | | to any week only if the
Director finds that:
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9 | | A. He has registered for work at and thereafter has |
10 | | continued to
report at an employment office in accordance with |
11 | | such regulations as
the Director may prescribe, except that the |
12 | | Director may, by regulation,
waive or alter either or both of |
13 | | the requirements of this subsection as
to individuals attached |
14 | | to regular jobs, and as to such other types of
cases or |
15 | | situations with respect to which he finds that compliance with
|
16 | | such requirements would be oppressive or inconsistent with the |
17 | | purposes
of this Act, provided that no such regulation shall |
18 | | conflict with
Section 400 of this Act.
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19 | | B. He has made a claim for benefits with respect to such |
20 | | week in
accordance with such regulations as the Director may |
21 | | prescribe.
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22 | | C. He is able to work, and is available for work; provided |
23 | | that
during the period in question he was actively seeking work |
24 | | and he has
certified such. Whenever requested to do so by the |
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1 | | Director, the individual
shall, in the manner the Director |
2 | | prescribes by regulation, inform the
Department of the places |
3 | | at
which he has sought work during the period in question.
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4 | | Nothing in this subsection shall limit
the Director's approval |
5 | | of alternate methods of demonstrating an active
search for work
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6 | | based on regular reporting to a trade union office.
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7 | | 1. If an otherwise eligible individual is unable to |
8 | | work or is
unavailable for work on any normal workday of |
9 | | the week, he shall be
eligible to receive benefits with |
10 | | respect to such week reduced by
one-fifth of his weekly |
11 | | benefit amount for each day of such inability to
work or |
12 | | unavailability for work. For the purposes of this |
13 | | paragraph, an
individual who reports on a day subsequent to |
14 | | his designated report day
shall be deemed unavailable for |
15 | | work on his report day if his failure to
report on that day |
16 | | is without good cause, and on each intervening day,
if any, |
17 | | on which his failure to report is without good cause. As |
18 | | used
in the preceding sentence, "report day" means the day |
19 | | which has been
designated for the individual to report to |
20 | | file his claim for benefits
with respect to any week. This |
21 | | paragraph shall not be construed so as
to effect any change |
22 | | in the status of part-time workers as defined in
Section |
23 | | 407.
|
24 | | 2. An individual shall be considered to be unavailable |
25 | | for work on
days listed as whole holidays in "An Act to |
26 | | revise the law in relation
to promissory notes, bonds, due |
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1 | | bills and other instruments in writing,"
approved March 18, |
2 | | 1874, as amended; on days which are holidays in his
|
3 | | religion or faith, and on days which are holidays according |
4 | | to the
custom of his trade or occupation, if his failure to |
5 | | work on such day is
a result of the holiday. In determining |
6 | | the claimant's eligibility for
benefits and the amount to |
7 | | be paid him, with respect to the week in
which such holiday |
8 | | occurs, he shall have attributed to him as additional
|
9 | | earnings for that week an amount equal to one-fifth of his |
10 | | weekly
benefit amount for each normal work day on which he |
11 | | does not work
because of a holiday of the type above |
12 | | enumerated.
|
13 | | 3. An individual shall be deemed unavailable for work |
14 | | if, after his
separation from his most recent employing |
15 | | unit, he has removed himself
to and remains in a locality |
16 | | where opportunities for work are
substantially less |
17 | | favorable than those in the locality he has left.
|
18 | | 4. An individual shall be deemed unavailable for work |
19 | | with respect
to any week which occurs in a period when his |
20 | | principal occupation is
that of a student in attendance at, |
21 | | or on vacation from, a public or
private school.
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22 | | 5. Notwithstanding any other provisions of this Act, an |
23 | | individual
shall not be deemed unavailable for work or to |
24 | | have failed actively to
seek work, nor shall he be |
25 | | ineligible for benefits by reason of the
application of the |
26 | | provisions of Section 603, with respect to any week,
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1 | | because he is enrolled in and is in regular attendance at a |
2 | | training
course approved for him by the Director:
|
3 | | (a) but only if, with respect to
that week, the |
4 | | individual presents,
upon request,
to the claims |
5 | | adjudicator referred to
in Section 702 a statement |
6 | | executed by a responsible person connected
with the |
7 | | training course, certifying that the individual was in
|
8 | | full-time attendance at such course during the week. |
9 | | The Director may
approve such course for an individual |
10 | | only if he finds that (1)
reasonable work opportunities |
11 | | for which the individual is fitted by
training and |
12 | | experience do not exist in his locality; (2) the |
13 | | training course
relates to an occupation or skill for |
14 | | which there are, or are
expected to be in the immediate |
15 | | future, reasonable work opportunities in
his locality; |
16 | | (3) the training course is offered by a competent and
|
17 | | reliable agency, educational institution, or employing |
18 | | unit; (4)
the individual has the required |
19 | | qualifications and aptitudes to complete the
course |
20 | | successfully; and (5) the individual is not receiving |
21 | | and is not
eligible (other than because he has claimed |
22 | | benefits under this Act) for
subsistence payments or |
23 | | similar assistance under any public or private
|
24 | | retraining program: Provided, that the Director shall |
25 | | not disapprove
such course solely by reason of clause |
26 | | (5) if the subsistence payment or
similar assistance is |
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1 | | subject to reduction by an amount equal to any
benefits |
2 | | payable to the individual under this Act in the absence |
3 | | of the
clause. In the event that an individual's weekly |
4 | | unemployment
compensation benefit is less than his |
5 | | certified training allowance, that
person shall be |
6 | | eligible to receive his entire unemployment |
7 | | compensation
benefits, plus such supplemental training |
8 | | allowances that would make an
applicant's total weekly |
9 | | benefit identical to the original certified
training |
10 | | allowance.
|
11 | | (b) The Director shall have the authority to grant |
12 | | approval pursuant to
subparagraph (a) above prior to an |
13 | | individual's formal admission into a
training course. |
14 | | Requests for approval shall not be made more than 30 |
15 | | days
prior to the actual starting date of such course. |
16 | | Requests shall be made
at the appropriate unemployment |
17 | | office.
|
18 | | (c) The Director shall for purposes of paragraph C |
19 | | have the authority
to issue a blanket approval of |
20 | | training programs implemented pursuant to
the federal |
21 | | Workforce Investment Act of 1998 if both the training |
22 | | program and the criteria for an individual's
|
23 | | participation in such training meet the requirements |
24 | | of this paragraph C.
|
25 | | (d) Notwithstanding the requirements of |
26 | | subparagraph (a), the Director
shall have the |
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1 | | authority to issue blanket approval of training |
2 | | programs
implemented under the terms of a collective |
3 | | bargaining agreement.
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4 | | (e) Notwithstanding any other provision of this |
5 | | Act, program services implemented under the Illinois |
6 | | State Training and Employment Program (I-STEP) Act |
7 | | shall constitute training approved pursuant to this |
8 | | paragraph C.
|
9 | | 6. Notwithstanding any other provisions of this Act, an |
10 | | individual shall
not be deemed unavailable for work or to |
11 | | have failed actively to seek work,
nor shall he be |
12 | | ineligible for benefits, by reason of the application of
|
13 | | the provisions of Section 603 with respect to any week |
14 | | because he is in
training approved under Section 236 (a)(1) |
15 | | of the federal Trade Act of 1974,
nor shall an individual |
16 | | be ineligible for benefits under the provisions
of Section |
17 | | 601 by reason of leaving work voluntarily to enter such |
18 | | training
if the work left is not of a substantially equal |
19 | | or higher skill level than
the individual's past adversely |
20 | | affected employment as defined under the
federal Trade Act |
21 | | of 1974 and the wages for such work are less than 80% of |
22 | | his
average weekly wage as determined under the federal |
23 | | Trade Act of 1974.
|
24 | | D. If his benefit year begins prior to July 6, 1975 or |
25 | | subsequent to
January 2, 1982, he has been unemployed for a |
26 | | waiting period of 1 week
during such benefit year. If his |
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1 | | benefit year begins on or after July 6,
l975, but prior to |
2 | | January 3, 1982, and his unemployment
continues for more than |
3 | | three weeks during such benefit year, he shall
be eligible for |
4 | | benefits with respect to each week of such unemployment,
|
5 | | including the first week thereof. An individual shall be deemed |
6 | | to be
unemployed within the meaning of this subsection while |
7 | | receiving public
assistance as remuneration for services |
8 | | performed on work projects
financed from funds made available |
9 | | to governmental agencies for such
purpose. No week shall be |
10 | | counted as a week of unemployment for the
purposes of this |
11 | | subsection:
|
12 | | 1. Unless it occurs within the benefit year which |
13 | | includes the week
with respect to which he claims payment |
14 | | of benefits, provided that, for
benefit years beginning |
15 | | prior to January 3, 1982, this
requirement shall not |
16 | | interrupt the payment of benefits for consecutive
weeks of |
17 | | unemployment; and provided further that the week |
18 | | immediately
preceding a benefit year, if part of one |
19 | | uninterrupted period of
unemployment which continues into |
20 | | such benefit year, shall be deemed
(for the purpose of this |
21 | | subsection only and with respect to benefit years
beginning |
22 | | prior to January 3, 1982, only) to be within such benefit
|
23 | | year, as well as within the preceding benefit year, if the |
24 | | unemployed
individual would, except for the provisions of |
25 | | the first paragraph and
paragraph 1 of this subsection and |
26 | | of Section 605, be eligible for and
entitled to benefits |
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1 | | for such week.
|
2 | | 2. If benefits have been paid with respect thereto.
|
3 | | 3. Unless the individual was eligible for benefits with |
4 | | respect
thereto except for the requirements of this |
5 | | subsection and of Section
605.
|
6 | | E. With respect to any benefit year beginning prior to |
7 | | January 3, 1982,
he has been paid during his base period wages |
8 | | for insured work not
less than the amount specified in Section |
9 | | 500E of this Act as amended
and in effect on October 5, 1980. |
10 | | With respect to any benefit year
beginning on or after January |
11 | | 3, 1982, he has been paid during his base
period wages for |
12 | | insured work equal to not less than $1,600, provided that
he |
13 | | has been paid wages for insured work equal to at least $440 |
14 | | during that
part of his base period which does not include the |
15 | | calendar quarter in
which the wages paid to him were highest.
|
16 | | F. During that week he has participated in reemployment |
17 | | services to which
he has been referred, including but not |
18 | | limited to job search assistance
services, pursuant to a |
19 | | profiling system established by the Director by rule in
|
20 | | conformity with Section 303(j)(1) of the federal Social |
21 | | Security Act, unless
the Director determines that:
|
22 | | 1. the individual has completed such services; or
|
23 | | 2. there is justifiable cause for the claimant's |
24 | | failure to participate in
such services.
|
25 | | This subsection F is added by this amendatory Act of 1995 |
26 | | to clarify
authority already provided under subsections A and C |
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1 | | in connection with the
unemployment insurance claimant |
2 | | profiling system required under subsections
(a)(10) and (j)(1) |
3 | | of Section 303 of the federal Social Security Act as a
|
4 | | condition of federal
funding for the administration of the |
5 | | Unemployment Insurance Act.
|
6 | | (Source: P.A. 92-396, eff. 1-1-02.)
|
7 | | (820 ILCS 405/1402) (from Ch. 48, par. 552)
|
8 | | Sec. 1402. Penalties. |
9 | | A. If any employer fails, within the time prescribed in |
10 | | this Act as
amended and in effect on October 5, 1980, and the |
11 | | regulations of the
Director, to file a report of wages paid to |
12 | | each of his workers, or to file
a sufficient report of such |
13 | | wages after having been notified by the
Director to do so, for |
14 | | any period which begins prior to January 1, 1982, he
shall pay |
15 | | to the Department as a penalty a sum determined in accordance |
16 | | with
the provisions of this Act as amended and in effect on |
17 | | October 5, 1980.
|
18 | | B. Except as otherwise provided in this Section, any |
19 | | employer who
fails to file a report of wages paid to each of |
20 | | his
workers for any period which begins on or after January 1, |
21 | | 1982, within the
time prescribed by the provisions of this Act |
22 | | and the regulations of the
Director, or, if the Director |
23 | | pursuant to such regulations extends the time
for filing the |
24 | | report, fails to file it within the extended time, shall, in
|
25 | | addition to any sum otherwise payable by him under the |
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1 | | provisions of this
Act, pay to the Department as a penalty a |
2 | | sum equal to the lesser of (1) $5
for each $10,000 or fraction |
3 | | thereof of the total wages for insured work
paid by him during |
4 | | the period or (2) $2,500, for each month
or part thereof of |
5 | | such failure to file the report. With respect to an employer |
6 | | who has elected to file reports of wages on an annual basis |
7 | | pursuant to Section 1400.2, in assessing penalties for the |
8 | | failure to submit all reports by the due date established |
9 | | pursuant to that Section, the 30-day period immediately |
10 | | following the due date shall be considered as one month.
|
11 | | If the Director deems an employer's report of wages paid to |
12 | | each of his
workers for any period which begins on or after |
13 | | January 1, 1982,
insufficient, he shall notify the employer to |
14 | | file a sufficient report. If
the employer fails to file such |
15 | | sufficient report within 30 days after the
mailing of the |
16 | | notice to him, he shall, in addition to any sum otherwise
|
17 | | payable by him under the provisions of this Act, pay to the |
18 | | Department as a
penalty a sum determined in accordance with the |
19 | | provisions of the first
paragraph of this subsection, for each |
20 | | month or part thereof of such
failure to file such sufficient |
21 | | report after the date of the notice.
|
22 | | For wages paid in calendar years prior to 1988, the penalty |
23 | | or
penalties which accrue under the two foregoing paragraphs
|
24 | | with respect to a report for any period shall not be less than |
25 | | $100, and
shall not exceed the lesser of
(1) $10 for each |
26 | | $10,000 or fraction thereof
of the total wages for insured work |
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1 | | paid during the period or (2) $5,000.
For wages paid in |
2 | | calendar years after 1987, the penalty or penalties which
|
3 | | accrue under the 2 foregoing paragraphs with respect to a |
4 | | report for any
period shall not be less than $50, and shall not |
5 | | exceed the lesser of (1)
$10 for each $10,000 or fraction of |
6 | | the total wages for insured work
paid during the period or (2) |
7 | | $5,000.
With respect to an employer who has elected to file |
8 | | reports of wages on an annual basis pursuant to Section 1400.2, |
9 | | for purposes of calculating the minimum penalty prescribed by |
10 | | this Section for failure to file the reports on a timely basis, |
11 | | a calendar year shall constitute a single period. For reports |
12 | | of wages paid after 1986, the Director shall not,
however, |
13 | | impose a penalty pursuant to either of the two foregoing
|
14 | | paragraphs on any employer who can prove within 30 working days |
15 | | after the
mailing of a notice of his failure to file such a |
16 | | report, that (1) the
failure to file the report is his first |
17 | | such failure during the previous 20
consecutive calendar |
18 | | quarters, and (2) the amount of the total
contributions due for |
19 | | the calendar quarter of such report (or, in the case of an |
20 | | employer who is required to file the reports on a monthly |
21 | | basis, the amount of the total contributions due for the |
22 | | calendar quarter that includes the month of such report) is |
23 | | less than $500.
|
24 | | For any month which begins on or after January 1, 2013, a |
25 | | report of the wages paid to each of an employer's workers shall |
26 | | be due on or before the last day of the month next following |
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1 | | the calendar month in which the wages were paid if the employer |
2 | | is required to report such wages electronically pursuant to the |
3 | | regulations of the Director or if the employer has entered into |
4 | | an agreement pursuant to the Illinois State Training and |
5 | | Employment Program (I-STEP) Act and the period during which the |
6 | | employer could be eligible for a credit pursuant to that Act |
7 | | has not yet expired (in which case the employer shall also be |
8 | | required to report such wages electronically) ; otherwise a |
9 | | report of the wages paid to each of the employer's workers |
10 | | shall be due on or before the last day of the month next |
11 | | following the calendar quarter in which the wages were paid. |
12 | | Any employer who wilfully fails to pay any contribution or |
13 | | part
thereof, based upon wages paid prior to 1987,
when |
14 | | required by the provisions of this Act and the regulations of |
15 | | the
Director, with intent to defraud the Director, shall in |
16 | | addition to such
contribution or part thereof pay to the |
17 | | Department a penalty equal to 50 percent
of the amount of such |
18 | | contribution or part thereof, as the case may
be, provided that |
19 | | the penalty shall not be less than $200.
|
20 | | Any employer who willfully fails to pay any contribution or |
21 | | part
thereof, based upon wages paid in 1987 and in each |
22 | | calendar year
thereafter, when required by the
provisions of |
23 | | this Act and the regulations of the Director, with intent to
|
24 | | defraud the Director, shall in addition to such contribution or |
25 | | part
thereof pay to the Department a penalty equal to 60% of |
26 | | the amount of such
contribution or part thereof, as the case |
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1 | | may be, provided that the penalty
shall not be less than $400.
|
2 | | However, all or part of any penalty may be waived by the |
3 | | Director for
good cause shown.
|
4 | | (Source: P.A. 97-689, eff. 6-14-12; 97-791, eff. 1-1-13; |
5 | | 98-463, eff. 8-16-13.)
|
6 | | (820 ILCS 405/2101) (from Ch. 48, par. 661)
|
7 | | Sec. 2101. Special administrative account. Except as |
8 | | provided in Section 2100, all interest and penalties collected
|
9 | | pursuant to this Act shall be deposited in the special |
10 | | administrative
account. The amount in this account in excess of |
11 | | $100,000 on the close of
business of the last day of each |
12 | | calendar quarter shall be immediately
transferred to this |
13 | | State's account in the unemployment trust fund. However, |
14 | | subject to Section 2101.1,
such funds shall not be transferred |
15 | | where it is determined by the Director
that it is necessary to |
16 | | accumulate funds in the account in order to have
sufficient |
17 | | funds to pay interest that may become due under the terms of
|
18 | | Section 1202 (b) of the Federal Social Security Act, as |
19 | | amended, upon advances
made to the Illinois Unemployment |
20 | | Insurance Trust Fund under Title XII of
the Federal Social |
21 | | Security Act or where it is determined by the Director
that it |
22 | | is necessary to accumulate funds in the special administrative
|
23 | | account in order to have sufficient funds to expend for any |
24 | | other purpose
authorized by this Section. The moneys available |
25 | | in the special
administrative account shall be expended upon |
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1 | | the direction of the Director
whenever it appears to him that |
2 | | such expenditure is necessary for:
|
3 | | A. 1. The proper administration of this Act and no Federal |
4 | | funds are
available for the specific purpose for which such |
5 | | expenditure is to be
made, provided the moneys are not |
6 | | substituted for appropriations from
Federal funds, which in the |
7 | | absence of such moneys would be available and
provided the |
8 | | monies are appropriated by the General Assembly.
|
9 | | 2. The proper administration of this Act for which purpose
|
10 | | appropriations from Federal funds have been requested but not |
11 | | yet received,
provided the special administrative account will |
12 | | be reimbursed upon receipt
of the requested Federal |
13 | | appropriation.
|
14 | | B. To the extent possible, the repayment to the fund |
15 | | established for
financing the cost of administration of this |
16 | | Act of moneys found by the
Secretary of Labor of the United |
17 | | States of America, or other appropriate
Federal agency, to have |
18 | | been lost or expended for purposes other than, or
in amounts in |
19 | | excess of, those found necessary by the Secretary of Labor,
or |
20 | | other appropriate Federal agency, for the administration of |
21 | | this Act.
|
22 | | C. The payment of refunds or adjustments of interest or |
23 | | penalties, paid
pursuant to Sections 901 or 2201.
|
24 | | D. The payment of interest on refunds of erroneously paid
|
25 | | contributions, penalties and interest pursuant to Section |
26 | | 2201.1.
|
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1 | | E. The payment or transfer of interest or penalties to any |
2 | | Federal or
State agency, pursuant to reciprocal arrangements |
3 | | entered into by the
Director under the provisions of Section |
4 | | 2700E.
|
5 | | F. The payment of any costs incurred, pursuant to Section |
6 | | 1700.1.
|
7 | | G. Beginning January 1, 1989, for the payment for the legal |
8 | | services
authorized by subsection B of Section 802, up to |
9 | | $1,000,000 per year for
the representation of the individual |
10 | | claimants and up to $1,000,000 per
year for the representation |
11 | | of "small employers".
|
12 | | H. The payment of any fees for collecting past due |
13 | | contributions,
payments in lieu of contributions, penalties, |
14 | | and interest shall be paid
(without an appropriation) from |
15 | | interest and penalty monies received from
collection agents |
16 | | that have contracted with the Department under Section
2206 to |
17 | | collect such amounts, provided however, that the amount of such
|
18 | | payment shall not exceed the amount of past due interest and |
19 | | penalty collected.
|
20 | | I. The payment of interest that may become due under the |
21 | | terms of Section
1202 (b) of the Federal Social Security Act, |
22 | | as amended, for advances made
to the Illinois Unemployment |
23 | | Insurance Trust Fund.
|
24 | | J. Expenses incurred by the Department in the |
25 | | administration of the Illinois State Training and Employment |
26 | | Program (I-STEP) Act. |
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1 | | The Director shall annually on or before the first day of |
2 | | March report
in writing to the Employment Security Advisory |
3 | | Board concerning the
expenditures made from the special |
4 | | administrative account and the purposes
for which funds are |
5 | | being accumulated.
|
6 | | If Federal legislation is enacted which will permit the use |
7 | | by the
Director of some part of the contributions collected or |
8 | | to be collected
under this Act, for the financing of |
9 | | expenditures incurred in the proper
administration of this Act, |
10 | | then, upon the availability of such
contributions for such |
11 | | purpose, the provisions of this Section shall be
inoperative |
12 | | and interest and penalties collected pursuant to this Act shall
|
13 | | be deposited in and be deemed a part of the clearing account. |
14 | | In the event
of the enactment of the foregoing Federal |
15 | | legislation, and within 90 days
after the date upon which |
16 | | contributions become available for expenditure
for costs of |
17 | | administration, the total amount in the special administrative
|
18 | | account shall be transferred to the clearing account, and after |
19 | | clearance
thereof shall be deposited with the Secretary of the |
20 | | Treasury of the United
States of America to the credit of the |
21 | | account of this State in the
unemployment trust fund, |
22 | | established and maintained pursuant to the Federal
Social |
23 | | Security Act, as amended.
|
24 | | (Source: P.A. 94-1083, eff. 1-19-07.)
|
25 | | Section 99. Effective date. This Act takes effect upon |