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1 | | party to a contract with a bona fide labor organization and |
2 | | perform construction or construction-related services as |
3 | | defined in Section 1-15.20 of the Illinois Procurement Code, |
4 | | must either (i) post employment vacancies on the Department's |
5 | | IllinoisJobLink.com System or its successor system or (ii) |
6 | | provide an online link to its employment vacancies so that this |
7 | | link is accessible through the web page of the |
8 | | IllinoisJobLink.com System or its successor system . "State |
9 | | agency" has the meaning as defined in Section 1-5 of the State |
10 | | Officials and Employees Ethics Act and, for purposes of this |
11 | | Section, includes community colleges. "Contract" has the |
12 | | meaning given to that term in Section 1-15.30 of the Illinois |
13 | | Procurement Code. The Department of Central Management |
14 | | Services shall comply with this Section on behalf of executive |
15 | | branch State agencies with one or more positions subject to any |
16 | | jurisdiction of the Personnel Code. |
17 | | This Section does not apply to positions exempt from the |
18 | | requirements of the Rutan decision or to construction-related |
19 | | services as defined in Section 1-15.20 of the Illinois |
20 | | Procurement Code.
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21 | | (c) All units of local government, school districts, and |
22 | | other public and private employers not subject to subsection |
23 | | (b) may, and are encouraged to, post employment vacancies on |
24 | | the IllinoisJobLink.com System or successor system. |
25 | | (d) The Department may not charge any employer or any |
26 | | person seeking employment a fee for using the |
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1 | | IllinoisJobLink.com System or successor system. |
2 | | (e) The Department is authorized to adopt all rules |
3 | | necessary to implement and administer the IllinoisJobLink.com |
4 | | System or any successor system under this Section.
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5 | | (Source: P.A. 98-107, eff. 7-23-13.) |
6 | | Section 10. The Public Employment Office Act is amended by |
7 | | changing Section 7 as follows:
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8 | | (20 ILCS 1015/7) (from Ch. 48, par. 183)
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9 | | Sec. 7.
No fee or compensation shall be charged or received |
10 | | directly or
indirectly from persons applying for employment or |
11 | | help through said free
employment offices, and any officer or |
12 | | employee of the Department of
Employment Security who shall |
13 | | accept, directly or indirectly any fee or
compensation from any |
14 | | applicant or from his or her representative shall be
guilty of |
15 | | a Class C misdemeanor , except that this Section does not |
16 | | prohibit referral of an individual to an apprenticeship program |
17 | | that is approved by and registered with the United States |
18 | | Department of Labor, Bureau of Apprenticeship and Training and |
19 | | charges an application fee of $50 or less .
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20 | | (Source: P.A. 83-1503.)
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21 | | Section 15. The Unemployment Insurance Act is amended by |
22 | | changing Sections 206.1, 702, 1402, 2101, 2201, 2201.1, 2401, |
23 | | and 2403 and by adding Sections 502 and 1402.1 as follows:
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1 | | (820 ILCS 405/206.1)
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2 | | Sec. 206.1. Employment; employee leasing company.
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3 | | A. For purposes of this Section:
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4 | | 1. "Client" means an individual or entity which has
|
5 | | contracted with an employee leasing company to supply it
|
6 | | with or assume responsibility for personnel management
of |
7 | | one or more workers to perform services on an on-going |
8 | | basis rather than
under a temporary help
arrangement, as |
9 | | defined in Section 15 of the Employee
Leasing Company Act.
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10 | | 2. "Employee leasing company" means an individual or
|
11 | | entity which contracts with a client to supply or assume
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12 | | responsibility for personnel management of one or more
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13 | | workers to perform services for the client on an on-going |
14 | | basis rather than
under a temporary help
arrangement, as |
15 | | defined in Section 15 of the Employee
Leasing Company Act.
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16 | | B. Subject to subsection C, services performed by an
|
17 | | individual under a contract between an employee leasing
company |
18 | | and client, including but not limited to services
performed in |
19 | | the capacity of a corporate officer of the
client, are services |
20 | | in "employment" of the employee
leasing company and are not |
21 | | services in "employment" of
the client if all of the following |
22 | | conditions are met:
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23 | | 1. The employee leasing company pays the individual
for |
24 | | the services directly from its own accounts; and
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25 | | 2. The employee leasing company, exclusively or in
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1 | | conjunction with the client, retains the right to direct
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2 | | and control the individual in the performance of the
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3 | | services; and
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4 | | 3. The employee leasing company, exclusively or in
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5 | | conjunction with the client, retains the right to hire
and |
6 | | terminate the individual; and
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7 | | 4. The employee leasing company reports each client in |
8 | | the manner the
Director prescribes by regulation ; and . |
9 | | 5. The employee leasing company has provided, and there |
10 | | remains in effect, such irrevocable indemnification, as |
11 | | the Director may require by rule, to create a primary |
12 | | obligation on the part of the provider to the Illinois |
13 | | Department of Employment Security for obligations of the |
14 | | employee leasing company accrued and final under this Act. |
15 | | The rule may prescribe the form the indemnification shall |
16 | | take including, but not limited to, a surety bond or an |
17 | | irrevocable standby letter of credit. The obligation |
18 | | required pursuant to the rule shall not exceed $1,000,000.
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19 | | C. Notwithstanding subsection B, services performed by
an |
20 | | individual under a contract between an employee leasing
company |
21 | | and client, including but not limited to services
performed in |
22 | | the capacity of a corporate officer of the
client, are services |
23 | | in "employment" of the client and are
not services in |
24 | | "employment" of the employee leasing
company if:
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25 | | 1. The contribution rate, or, where applicable, the
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26 | | amended contribution rate, of the client is greater than
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1 | | the sum of the fund building rate established for the
year |
2 | | pursuant to Section 1506.3 of this Act plus the
greater of |
3 | | 2.7% or 2.7% times the adjusted state
experience factor for |
4 | | the year; and
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5 | | 2. The contribution rate, or, where applicable, the
|
6 | | amended contribution rate, of the employee leasing
company |
7 | | is less than the contribution rate, or, where
applicable, |
8 | | the amended contribution rate of the client
by more than |
9 | | 1.5% absolute.
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10 | | D. Except as provided in this Section and
notwithstanding |
11 | | any other provision of this Act to the
contrary, services |
12 | | performed by an individual under a
contract between an employee |
13 | | leasing company and client,
including but not limited to |
14 | | services performed in the
capacity of a corporate officer of |
15 | | the client, are services
in "employment" of the client and are |
16 | | not services in
"employment" of the employee leasing company.
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17 | | E. Nothing in this Section shall be construed or used to |
18 | | effect the
existence of an employment relationship other than |
19 | | for purposes of this Act.
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20 | | (Source: P.A. 91-890, eff. 7-6-00.)
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21 | | (820 ILCS 405/502 new) |
22 | | Sec. 502. Eligibility for benefits under the Short-Time |
23 | | Compensation Program. |
24 | | A. The Director may by rule establish a short-time |
25 | | compensation program consistent with this Section. No |
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1 | | short-time compensation shall be payable except as authorized |
2 | | by rule. |
3 | | B. As used in this Section: |
4 | | "Affected unit" means a specified plant, department, |
5 | | shift, or other definable unit that includes 2 or more workers |
6 | | to which an approved short-time compensation plan applies. |
7 | | "Health and retirement benefits" means employer-provided |
8 | | health benefits and retirement benefits under a defined benefit |
9 | | pension plan (as defined in Section 414(j) of the Internal |
10 | | Revenue Code) or contributions under a defined contribution |
11 | | plan (defined in Section 414(i) of the Internal Revenue Code), |
12 | | which are incidents of employment in addition to the cash |
13 | | remuneration earned. |
14 | | "Short-time compensation" means the unemployment benefits |
15 | | payable to employees in an affected unit under an approved |
16 | | short-time compensation plan, as distinguished from the |
17 | | unemployment benefits otherwise payable under this Act. |
18 | | "Short-time compensation plan" means a plan submitted by an |
19 | | employer, for approval by the Director, under which the |
20 | | employer requests the payment of short-time compensation to |
21 | | workers in an affected unit of the employer to avert layoffs. |
22 | | "Usual weekly hours of work" means the usual hours of work |
23 | | for full-time or part-time employees in the affected unit when |
24 | | that unit is operating on its regular basis, not to exceed 40 |
25 | | hours and not including hours of overtime work. |
26 | | "Unemployment insurance" means the unemployment benefits |
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1 | | payable under this Act other than short-time compensation and |
2 | | includes any amounts payable pursuant to an agreement under any |
3 | | Federal law providing for compensation, assistance, or |
4 | | allowances with respect to unemployment. |
5 | | C. An employer wishing to participate in the short-time |
6 | | compensation program shall submit a signed written short-time |
7 | | compensation plan to the Director for approval. The Director |
8 | | shall develop an application form to request approval of a |
9 | | short-time compensation plan and an approval process. The |
10 | | application shall include: |
11 | | 1. The employer's unemployment insurance account |
12 | | number, the affected unit covered by the plan, including |
13 | | the number of full-time or part-time workers in such unit, |
14 | | the percentage of workers in the affected unit covered by |
15 | | the plan, identification of each individual employee in the |
16 | | affected unit by name and social security number, and any |
17 | | other information required by the Director to identify plan |
18 | | participants. |
19 | | 2. A description of how workers in the affected unit |
20 | | will be notified of the employer's participation in the |
21 | | short-time compensation plan if such application is |
22 | | approved, including how the employer will notify those |
23 | | workers in a collective bargaining unit as well as any |
24 | | workers in the affected unit who are not in a collective |
25 | | bargaining unit. If the employer will not provide advance |
26 | | notice to workers in the affected unit, the employer shall |
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1 | | explain in a statement in the application why it is not |
2 | | feasible to provide such notice. |
3 | | 3. The employer's certification that it has the |
4 | | approval of the plan from all collective bargaining |
5 | | representatives of employees in the affected unit and has |
6 | | notified all employees in the affected unit who are not in |
7 | | a collective bargaining unit of the plan. |
8 | | 4. The employer's certification that it will not hire |
9 | | additional part-time or full-time employees for, or |
10 | | transfer employees to, the affected unit, while the program |
11 | | is in operation. |
12 | | 5. A requirement that the employer identify the usual |
13 | | weekly hours of work for employees in the affected unit and |
14 | | the specific percentage by which their hours will be |
15 | | reduced during all weeks covered by the plan. An |
16 | | application shall specify the percentage of reduction for |
17 | | which a short-time compensation application may be |
18 | | approved which shall be not less than 20% and not more than |
19 | | 60%. If the plan includes any week for which the employer |
20 | | regularly provides no work (due to a holiday or other plant |
21 | | closing), then such week shall be identified in the |
22 | | application. |
23 | | 6. Certification by the employer that, if the employer |
24 | | provides health and retirement benefits to any employee |
25 | | whose usual weekly hours of work are reduced under the |
26 | | program, such benefits will continue to be provided to the |
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1 | | employee participating in the short-time compensation |
2 | | program under the same terms and conditions as though the |
3 | | usual weekly hours of work of such employee had not been |
4 | | reduced or to the same extent as other employees not |
5 | | participating in the short-time compensation program. For |
6 | | defined benefit retirement plans, the hours that are |
7 | | reduced under the short-time compensation plan shall be |
8 | | credited for purposes of participation, vesting, and |
9 | | accrual of benefits as though the usual weekly hours of |
10 | | work had not been reduced. The dollar amount of employer |
11 | | contributions to a defined contribution plan that are based |
12 | | on a percentage of compensation may be less due to the |
13 | | reduction in the employee's compensation. Notwithstanding |
14 | | any other provision to the contrary, a certification that a |
15 | | reduction in health and retirement benefits is scheduled to |
16 | | occur during the duration of the plan and will be |
17 | | applicable equally to employees who are not participating |
18 | | in the short-time compensation program and to those |
19 | | employees who are participating satisfies this paragraph. |
20 | | 7. Certification by the employer that the aggregate |
21 | | reduction in work hours is in lieu of layoffs (temporary or |
22 | | permanent layoffs, or both). The application shall include |
23 | | an estimate of the number of workers who would have been |
24 | | laid off in the absence of the short-time compensation |
25 | | plan. |
26 | | 8. Agreement by the employer to: furnish reports to the |
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1 | | Director relating to the proper conduct of the plan; allow |
2 | | the Director or his or her authorized representatives |
3 | | access to all records necessary to approve or disapprove |
4 | | the plan application, and after approval of a plan, to |
5 | | monitor and evaluate the plan; and follow any other |
6 | | directives the Director deems necessary for the agency to |
7 | | implement the plan and which are consistent with the |
8 | | requirements for plan applications. |
9 | | 9. Certification by the employer that participation in |
10 | | the short-time compensation plan and its implementation is |
11 | | consistent with the employer's obligations under |
12 | | applicable Federal and Illinois laws. |
13 | | 10. The effective date and duration of the plan, which |
14 | | shall expire no later than the end of the 12th full |
15 | | calendar month after the effective date. |
16 | | 11. Any other provision added to the application by the |
17 | | Director that the United States Secretary of Labor |
18 | | determines to be appropriate for purposes of a short-time |
19 | | compensation program. |
20 | | D. The Director shall approve or disapprove a short-time |
21 | | compensation plan in writing within 45 days of its receipt and |
22 | | promptly communicate the decision to the employer. A decision |
23 | | disapproving the plan shall clearly identify the reasons for |
24 | | the disapproval. The disapproval shall be final, but the |
25 | | employer shall be allowed to submit another short-time |
26 | | compensation plan for approval not earlier than 30 days from |
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1 | | the date of the disapproval. |
2 | | E. The short-time compensation plan shall be effective on |
3 | | the mutually agreed upon date by the employer and the Director, |
4 | | which shall be specified in the notice of approval to the |
5 | | employer. The plan shall expire on the date specified in the |
6 | | notice of approval, which shall be mutually agreed on by the |
7 | | employer and Director but no later than the end of the 12th |
8 | | full calendar month after its effective date. However, if a |
9 | | short-time compensation plan is revoked by the Director, the |
10 | | plan shall terminate on the date specified in the Director's |
11 | | written order of revocation. An employer may terminate a |
12 | | short-time compensation plan at any time upon written notice to |
13 | | the Director. Upon receipt of such notice from the employer, |
14 | | the Director shall promptly notify each member of the affected |
15 | | unit of the termination date. An employer may submit a new |
16 | | application to participate in another short-time compensation |
17 | | plan at any time after the expiration or termination date. |
18 | | F. The Director may revoke approval of a short-time |
19 | | compensation plan for good cause at any time, including upon |
20 | | the request of any of the affected unit's employees or their |
21 | | collective bargaining representative. The revocation order |
22 | | shall be in writing and shall specify the reasons for the |
23 | | revocation and the date the revocation is effective. The |
24 | | Director may periodically review the operation of each |
25 | | employer's short-time compensation plan to assure that no good |
26 | | cause exists for revocation of the approval of the plan. Good |
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1 | | cause shall include, but not be limited to, failure to comply |
2 | | with the assurances given in the plan, termination of the |
3 | | approval of the plan by a collective bargaining representative |
4 | | of employees in the affected unit, unreasonable revision of |
5 | | productivity standards for the affected unit, conduct or |
6 | | occurrences tending to defeat the intent and effective |
7 | | operation of the short-time compensation plan, and violation of |
8 | | any criteria on which approval of the plan was based. |
9 | | G. An employer may request a modification of an approved |
10 | | plan by filing a written request to the Director. The request |
11 | | shall identify the specific provisions proposed to be modified |
12 | | and provide an explanation of why the proposed modification is |
13 | | appropriate for the short-time compensation plan. The Director |
14 | | shall approve or disapprove the proposed modification in |
15 | | writing within 30 days of receipt and promptly communicate the |
16 | | decision to the employer. The Director, in his or her |
17 | | discretion, may approve a request for modification of the plan |
18 | | based on conditions that have changed since the plan was |
19 | | approved provided that the modification is consistent with and |
20 | | supports the purposes for which the plan was initially |
21 | | approved. A modification may not extend the expiration date of |
22 | | the original plan, and the Director must promptly notify the |
23 | | employer whether the plan modification has been approved and, |
24 | | if approved, the effective date of modification. An employer is |
25 | | not required to request approval of plan modification from the |
26 | | Director if the change is not substantial, but the employer |
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1 | | must report every change to plan to the Director promptly and |
2 | | in writing. The Director may terminate an employer's plan if |
3 | | the employer fails to meet this reporting requirement. If the |
4 | | Director determines that the reported change is substantial, |
5 | | the Director shall require the employer to request a |
6 | | modification to the plan. |
7 | | H. An individual is eligible to receive short-time |
8 | | compensation with respect to any week only if the individual is |
9 | | eligible for unemployment insurance pursuant to subsection E of |
10 | | Section 500, not otherwise disqualified for unemployment |
11 | | insurance, and: |
12 | | 1. During the week, the individual is employed as a |
13 | | member of an affected unit under an approved short-time |
14 | | compensation plan, which was approved prior to that week, |
15 | | and the plan is in effect with respect to the week for |
16 | | which short-time compensation is claimed. |
17 | | 2. Notwithstanding any other provision of this Act |
18 | | relating to availability for work and actively seeking |
19 | | work, the individual is available for the individual's |
20 | | usual hours of work with the short-time compensation |
21 | | employer, which may include, for purposes of this Section, |
22 | | participating in training to enhance job skills that is |
23 | | approved by the Director, including but not limited to as |
24 | | employer-sponsored training or training funded under the |
25 | | Workforce Investment Act of 1998. |
26 | | 3. Notwithstanding any other provision of law, an |
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1 | | individual covered by a short-time compensation plan is |
2 | | deemed unemployed in any week during the duration of such |
3 | | plan if the individual's remuneration as an employee in an |
4 | | affected unit is reduced based on a reduction of the |
5 | | individual's usual weekly hours of work under an approved |
6 | | short-time compensation plan. |
7 | | I. The short-time compensation weekly benefit amount shall |
8 | | be the product of the percentage of reduction in the |
9 | | individual's usual weekly hours of work multiplied by the sum |
10 | | of the regular weekly benefit amount for a week of total |
11 | | unemployment plus any applicable dependent allowance pursuant |
12 | | to subsection C of Section 401. |
13 | | 1. An individual may be eligible for short-time |
14 | | compensation or unemployment insurance, as appropriate, |
15 | | except that no individual shall be eligible for combined |
16 | | benefits (excluding any payments attributable to a |
17 | | dependent allowance pursuant to subsection C of Section |
18 | | 401) in any benefit year in an amount more than the maximum |
19 | | benefit amount, nor shall an individual be paid short-time |
20 | | compensation benefits for more than 52 weeks under a |
21 | | short-time compensation plan. |
22 | | 2. The short-time compensation paid to an individual |
23 | | (excluding any payments attributable to a dependent |
24 | | allowance pursuant to subsection C of Section 401) shall be |
25 | | deducted from the maximum benefit amount established for |
26 | | that individual's benefit year. |
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1 | | 3. Provisions applicable to unemployment insurance |
2 | | claimants shall apply to short-time compensation claimants |
3 | | to the extent that they are not inconsistent with |
4 | | short-time compensation provisions. An individual who |
5 | | files an initial claim for short-time compensation |
6 | | benefits shall receive a monetary determination. |
7 | | 4. The following provisions apply to individuals who |
8 | | work for both a short-time compensation employer and |
9 | | another employer during weeks covered by the approved |
10 | | short-time compensation plan: |
11 | | i. If combined hours of work in a week for both |
12 | | employers do not result in a reduction of at least 20% |
13 | | of the usual weekly hours of work with the short-time |
14 | | compensation employer, the individual shall not be |
15 | | entitled to benefits under this Section. |
16 | | ii. If combined hours of work for both employers |
17 | | results in a reduction equal to or greater than 20% of |
18 | | the usual weekly hours of work for the short-time |
19 | | compensation employer, the short-time compensation |
20 | | benefit amount payable to the individual is reduced for |
21 | | that week and is determined by multiplying the |
22 | | percentage by which the combined hours of work have |
23 | | been reduced by the sum of the weekly benefit amount |
24 | | for a week of total unemployment plus any applicable |
25 | | dependent allowance pursuant to subsection C of |
26 | | Section 401. A week for which benefits are paid under |
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1 | | this subparagraph shall be reported as a week of |
2 | | short-time compensation. |
3 | | iii. If an individual worked the reduced |
4 | | percentage of the usual weekly hours of work for the |
5 | | short-time compensation employer and is available for |
6 | | all his or her usual hours of work with the short-time |
7 | | compensation employer, and the individual did not work |
8 | | any hours for the other employer either because of the |
9 | | lack of work with that employer or because the |
10 | | individual is excused from work with the other |
11 | | employer, the individual shall be eligible for |
12 | | short-time compensation for that week. The benefit |
13 | | amount for such week shall be calculated as provided in |
14 | | the introductory clause of this subsection I. |
15 | | iv. An individual who is not provided any work |
16 | | during a week by the short-time compensation employer, |
17 | | or any other employer, and who is otherwise eligible |
18 | | for unemployment insurance shall be eligible for the |
19 | | amount of regular unemployment insurance determined |
20 | | without regard to this Section. |
21 | | v. An individual who is not provided any work by |
22 | | the short-time compensation employer during a week, |
23 | | but who works for another employer and is otherwise |
24 | | eligible may be paid unemployment insurance for that |
25 | | week subject to the disqualifying income and other |
26 | | provisions applicable to claims for regular |
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1 | | unemployment insurance. |
2 | | J. Short-time compensation shall be charged to employers in |
3 | | the same manner as unemployment insurance is charged under |
4 | | Illinois law. Employers liable for payments in lieu of |
5 | | contributions shall have short-time compensation attributed to |
6 | | service in their employ in the same manner as unemployment |
7 | | insurance is attributed. Notwithstanding any other provision |
8 | | to the contrary, to the extent that short-term compensation |
9 | | payments under this Section are reimbursed by the federal |
10 | | government, no benefit charges or payments in lieu of |
11 | | contributions shall be accrued by a participating employer. |
12 | | K. A short-time compensation plan shall not be approved for |
13 | | an employer that is delinquent in the filing of any reports |
14 | | required or the payment of contributions, payments in lieu of |
15 | | contributions, interest, or penalties due under this Act |
16 | | through the date of the employer's application. |
17 | | L. Overpayments of other benefits under this Act may be |
18 | | recovered from an individual receiving short-time compensation |
19 | | under this Act in the manner provided under Sections 900 and |
20 | | 901. Overpayments under the short-time compensation plan may be |
21 | | recovered from an individual receiving other benefits under |
22 | | this Act in the manner provided under Sections 900 and 901. |
23 | | M. An individual who has received all of the short-time |
24 | | compensation or combined unemployment insurance and short-time |
25 | | compensation available in a benefit year shall be considered an |
26 | | exhaustee for purposes of extended benefits, as provided under |
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1 | | the provisions of Section 409, and, if otherwise eligible under |
2 | | those provisions, shall be eligible to receive extended |
3 | | benefits.
|
4 | | (820 ILCS 405/702) (from Ch. 48, par. 452)
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5 | | Sec. 702. Determinations. The claims adjudicator shall for |
6 | | each week
with respect to which the claimant claims benefits or |
7 | | waiting period
credit, make a "determination" which shall state |
8 | | whether or not the
claimant is eligible for such benefits or |
9 | | waiting period credit and the
sum to be paid the claimant with |
10 | | respect to such week. The claims
adjudicator shall promptly |
11 | | notify the claimant and such employing unit
as shall, within |
12 | | the time and in the manner prescribed by the Director,
have |
13 | | filed a sufficient allegation that the claimant is ineligible |
14 | | to
receive benefits or waiting period credit for said week, of |
15 | | his
"determination" and the reasons therefor. The Director may, |
16 | | by rule adopted with the advice and aid of the Employment |
17 | | Security Advisory Board, require that an employing unit with 25 |
18 | | 50 or more individuals in its employ during a the prior |
19 | | calendar year, or an entity representing 5 or more employing |
20 | | units during a the prior calendar year, file an allegation of |
21 | | ineligibility electronically in a manner prescribed by the |
22 | | Director for the one year period commencing on July 1 of the |
23 | | immediately succeeding calendar year and ending on June 30 of |
24 | | the second succeeding calendar year . In making his
|
25 | | "determination," the claims adjudicator shall give |
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1 | | consideration to the
information, if any, contained in the |
2 | | employing unit's allegation,
whether or not the allegation is |
3 | | sufficient. The claims adjudicator
shall deem an employing |
4 | | unit's allegation sufficient only if it contains
a reason or |
5 | | reasons therefor (other than general conclusions of
law, and |
6 | | statements such as "not actively seeking work" or "not |
7 | | available
for work" shall be deemed, for this purpose, to be |
8 | | conclusions of law).
If the claims adjudicator deems an |
9 | | allegation insufficient, he shall make a
decision accordingly, |
10 | | and shall notify the employing unit of such
decision and the |
11 | | reasons therefor. Such decision may be appealed by the
|
12 | | employing unit to a Referee within the time limits prescribed |
13 | | by Section
800 for appeal from a "determination". Any such |
14 | | appeal, and any appeal
from the Referee's decision thereon, |
15 | | shall be governed by the applicable
provisions of Sections 801, |
16 | | 803, 804 and 805.
|
17 | | (Source: P.A. 97-621, eff. 11-18-11.)
|
18 | | (820 ILCS 405/1402) (from Ch. 48, par. 552)
|
19 | | Sec. 1402. Penalties. |
20 | | A. If any employer fails, within the time prescribed in |
21 | | this Act as
amended and in effect on October 5, 1980, and the |
22 | | regulations of the
Director, to file a report of wages paid to |
23 | | each of his workers, or to file
a sufficient report of such |
24 | | wages after having been notified by the
Director to do so, for |
25 | | any period which begins prior to January 1, 1982, he
shall pay |
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1 | | to the Department as a penalty a sum determined in accordance |
2 | | with
the provisions of this Act as amended and in effect on |
3 | | October 5, 1980.
|
4 | | B. Except as otherwise provided in this Section, any |
5 | | employer who
fails to file a report of wages paid to each of |
6 | | his
workers for any period which begins on or after January 1, |
7 | | 1982, within the
time prescribed by the provisions of this Act |
8 | | and the regulations of the
Director, or, if the Director |
9 | | pursuant to such regulations extends the time
for filing the |
10 | | report, fails to file it within the extended time, shall, in
|
11 | | addition to any sum otherwise payable by him under the |
12 | | provisions of this
Act, pay to the Department as a penalty a |
13 | | sum equal to the lesser of (1) $5
for each $10,000 or fraction |
14 | | thereof of the total wages for insured work
paid by him during |
15 | | the period or (2) $2,500, for each month
or part thereof of |
16 | | such failure to file the report. With respect to an employer |
17 | | who has elected to file reports of wages on an annual basis |
18 | | pursuant to Section 1400.2, in assessing penalties for the |
19 | | failure to submit all reports by the due date established |
20 | | pursuant to that Section, the 30-day period immediately |
21 | | following the due date shall be considered as one month.
|
22 | | If the Director deems an employer's report of wages paid to |
23 | | each of his
workers for any period which begins on or after |
24 | | January 1, 1982,
insufficient, he shall notify the employer to |
25 | | file a sufficient report. If
the employer fails to file such |
26 | | sufficient report within 30 days after the
mailing of the |
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1 | | notice to him, he shall, in addition to any sum otherwise
|
2 | | payable by him under the provisions of this Act, pay to the |
3 | | Department as a
penalty a sum determined in accordance with the |
4 | | provisions of the first
paragraph of this subsection, for each |
5 | | month or part thereof of such
failure to file such sufficient |
6 | | report after the date of the notice.
|
7 | | For wages paid in calendar years prior to 1988, the penalty |
8 | | or
penalties which accrue under the two foregoing paragraphs
|
9 | | with respect to a report for any period shall not be less than |
10 | | $100, and
shall not exceed the lesser of
(1) $10 for each |
11 | | $10,000 or fraction thereof
of the total wages for insured work |
12 | | paid during the period or (2) $5,000.
For wages paid in |
13 | | calendar years after 1987, the penalty or penalties which
|
14 | | accrue under the 2 foregoing paragraphs with respect to a |
15 | | report for any
period shall not be less than $50, and shall not |
16 | | exceed the lesser of (1)
$10 for each $10,000 or fraction of |
17 | | the total wages for insured work
paid during the period or (2) |
18 | | $5,000.
With respect to an employer who has elected to file |
19 | | reports of wages on an annual basis pursuant to Section 1400.2, |
20 | | for purposes of calculating the minimum penalty prescribed by |
21 | | this Section for failure to file the reports on a timely basis, |
22 | | a calendar year shall constitute a single period. For reports |
23 | | of wages paid after 1986, the Director shall not,
however, |
24 | | impose a penalty pursuant to either of the two foregoing
|
25 | | paragraphs on any employer who can prove within 30 working days |
26 | | after the
mailing of a notice of his failure to file such a |
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1 | | report, that (1) the
failure to file the report is his first |
2 | | such failure during the previous 20
consecutive calendar |
3 | | quarters, and (2) the amount of the total
contributions due for |
4 | | the calendar quarter of such report (or, in the case of an |
5 | | employer who is required to file the reports on a monthly |
6 | | basis, the amount of the total contributions due for the |
7 | | calendar quarter that includes the month of such report) is |
8 | | less than $500.
|
9 | | For any month which begins on or after January 1, 2013, a |
10 | | report of the wages paid to each of an employer's workers shall |
11 | | be due on or before the last day of the month next following |
12 | | the calendar month in which the wages were paid if the employer |
13 | | is required to report such wages electronically pursuant to the |
14 | | regulations of the Director; otherwise a report of the wages |
15 | | paid to each of the employer's workers shall be due on or |
16 | | before the last day of the month next following the calendar |
17 | | quarter in which the wages were paid. |
18 | | Any employer who willfully wilfully fails to pay any |
19 | | contribution or part
thereof, based upon wages paid prior to |
20 | | 1987,
when required by the provisions of this Act and the |
21 | | regulations of the
Director, with intent to defraud the |
22 | | Director, shall in addition to such
contribution or part |
23 | | thereof pay to the Department a penalty equal to 50 percent
of |
24 | | the amount of such contribution or part thereof, as the case |
25 | | may
be, provided that the penalty shall not be less than $200.
|
26 | | Any employer who willfully fails to pay any contribution or |
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1 | | part
thereof, based upon wages paid in 1987 and in each |
2 | | calendar year
thereafter, when required by the
provisions of |
3 | | this Act and the regulations of the Director, with intent to
|
4 | | defraud the Director, shall in addition to such contribution or |
5 | | part
thereof pay to the Department a penalty equal to 60% of |
6 | | the amount of such
contribution or part thereof, as the case |
7 | | may be, provided that the penalty
shall not be less than $400.
|
8 | | However, all or part of any penalty may be waived by the |
9 | | Director for
good cause shown.
|
10 | | C. With regard to an employer required to report monthly |
11 | | pursuant to this Section, in addition to each employee's name, |
12 | | social security number, and wages for insured work paid during |
13 | | the period, the Director may, by rule, require a report to |
14 | | provide the following information concerning each employee: |
15 | | the employee's occupation, hours worked during the period, |
16 | | hourly wage, if applicable, and work location if the employer |
17 | | has more than one physical location. Notwithstanding any other |
18 | | provision of any other law to the contrary, information |
19 | | obtained pursuant to this subsection shall not be disclosed to |
20 | | any other public official or agency of this State or any other |
21 | | state to the extent it relates to a specifically identified |
22 | | individual or entity or to the extent that the identity of a |
23 | | specific individual or entity may be discerned from such |
24 | | information. The additional data elements required to be |
25 | | reported pursuant to the rule authorized by this subsection may |
26 | | be reported in the same electronic format as in the system |
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1 | | maintained by the employer or employer's agent and need not be |
2 | | reformatted. |
3 | | (Source: P.A. 97-689, eff. 6-14-12; 97-791, eff. 1-1-13; |
4 | | 98-463, eff. 8-16-13.)
|
5 | | (820 ILCS 405/1402.1 new) |
6 | | Sec. 1402.1. Processing fee. |
7 | | A. The Director may, by rule, establish a processing fee of |
8 | | $50 with regard to a report of contributions due that is not |
9 | | required to be submitted electronically if the employer fails |
10 | | to submit the report on the form designated by the Director or |
11 | | otherwise provide all of the information required by the form |
12 | | designated by the Director. With respect to the first instance |
13 | | of such a failure after the effective date of the rule, the |
14 | | Director shall issue the employer a written warning instead of |
15 | | a processing fee, and no such processing fee shall be assessed |
16 | | unless the Director has issued the employer a written warning |
17 | | for a prior failure. |
18 | | B. The Director may, by rule, establish a processing fee of |
19 | | $50 with regard to any payment of contributions, payment in |
20 | | lieu of contributions, interest, or penalty that is not made |
21 | | through electronic funds transfer if the employer fails to |
22 | | enclose the payment coupon provided by the Director with its |
23 | | payment or otherwise provide all of the information the coupon |
24 | | would provide, regardless of the amount due. With respect to |
25 | | the first instance of such a failure after the effective date |
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1 | | of the rule, the Director shall issue the employer a written |
2 | | warning instead of a processing fee, and no such processing fee |
3 | | shall be assessed unless the Director has issued the employer a |
4 | | written warning for a prior failure.
|
5 | | (820 ILCS 405/2101) (from Ch. 48, par. 661)
|
6 | | Sec. 2101. Special administrative account. Except as |
7 | | provided in Section 2100, all interest and penalties collected
|
8 | | pursuant to this Act shall be deposited in the special |
9 | | administrative
account. The amount in this account in excess of |
10 | | $100,000 on the close of
business of the last day of each |
11 | | calendar quarter shall be immediately
transferred to this |
12 | | State's account in the unemployment trust fund. However, |
13 | | subject to Section 2101.1,
such funds shall not be transferred |
14 | | where it is determined by the Director
that it is necessary to |
15 | | accumulate funds in the account in order to have
sufficient |
16 | | funds to pay interest that may become due under the terms of
|
17 | | Section 1202 (b) of the Federal Social Security Act, as |
18 | | amended, upon advances
made to the Illinois Unemployment |
19 | | Insurance Trust Fund under Title XII of
the Federal Social |
20 | | Security Act or where it is determined by the Director
that it |
21 | | is necessary to accumulate funds in the special administrative
|
22 | | account in order to have sufficient funds to expend for any |
23 | | other purpose
authorized by this Section. The balance of funds |
24 | | in the special administrative account that are in excess of |
25 | | $100,000 on the first day of each calendar quarter and not |
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1 | | transferred to this State's account in the unemployment trust |
2 | | fund, minus the amount reasonably anticipated to be needed to |
3 | | make payments from the special administrative account pursuant |
4 | | to subsections C through I, shall be certified by the Director |
5 | | and transferred by the State Comptroller to the Title III |
6 | | Social Security and Employment Fund in the State Treasury |
7 | | within 30 days of the first day of the calendar quarter. The |
8 | | Director may certify and the State Comptroller shall transfer |
9 | | such funds to the Title III Social Security and Employment Fund |
10 | | on a more frequent basis. The moneys available in the special
|
11 | | administrative account shall be expended upon the direction of |
12 | | the Director
whenever it appears to him that such expenditure |
13 | | is necessary for:
|
14 | | A. 1. The proper administration of this Act and no Federal |
15 | | funds are
available for the specific purpose for which such |
16 | | expenditure is to be
made, provided the moneys are not |
17 | | substituted for appropriations from
Federal funds, which in the |
18 | | absence of such moneys would be available and
provided the |
19 | | monies are appropriated by the General Assembly.
|
20 | | 2. The proper administration of this Act for which purpose
|
21 | | appropriations from Federal funds have been requested but not |
22 | | yet received,
provided the special administrative account will |
23 | | be reimbursed upon receipt
of the requested Federal |
24 | | appropriation.
|
25 | | B. To the extent possible, the repayment to the fund |
26 | | established for
financing the cost of administration of this |
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1 | | Act of moneys found by the
Secretary of Labor of the United |
2 | | States of America, or other appropriate
Federal agency, to have |
3 | | been lost or expended for purposes other than, or
in amounts in |
4 | | excess of, those found necessary by the Secretary of Labor,
or |
5 | | other appropriate Federal agency, for the administration of |
6 | | this Act.
|
7 | | C. The payment of refunds or adjustments of interest or |
8 | | penalties, paid
pursuant to Sections 901 or 2201.
|
9 | | D. The payment of interest on refunds of erroneously paid
|
10 | | contributions, penalties and interest pursuant to Section |
11 | | 2201.1.
|
12 | | E. The payment or transfer of interest or penalties to any |
13 | | Federal or
State agency, pursuant to reciprocal arrangements |
14 | | entered into by the
Director under the provisions of Section |
15 | | 2700E.
|
16 | | F. The payment of any costs incurred, pursuant to Section |
17 | | 1700.1.
|
18 | | G. Beginning January 1, 1989, for the payment for the legal |
19 | | services
authorized by subsection B of Section 802, up to |
20 | | $1,000,000 per year for
the representation of the individual |
21 | | claimants and up to $1,000,000 per
year for the representation |
22 | | of "small employers".
|
23 | | H. The payment of any fees for collecting past due |
24 | | contributions,
payments in lieu of contributions, penalties, |
25 | | and interest shall be paid
(without an appropriation) from |
26 | | interest and penalty monies received from
collection agents |
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1 | | that have contracted with the Department under Section
2206 to |
2 | | collect such amounts, provided however, that the amount of such
|
3 | | payment shall not exceed the amount of past due interest and |
4 | | penalty collected.
|
5 | | I. The payment of interest that may become due under the |
6 | | terms of Section
1202 (b) of the Federal Social Security Act, |
7 | | as amended, for advances made
to the Illinois Unemployment |
8 | | Insurance Trust Fund.
|
9 | | The Director shall annually on or before the first day of |
10 | | March report
in writing to the Employment Security Advisory |
11 | | Board concerning the
expenditures made from the special |
12 | | administrative account and the purposes
for which funds are |
13 | | being accumulated.
|
14 | | If Federal legislation is enacted which will permit the use |
15 | | by the
Director of some part of the contributions collected or |
16 | | to be collected
under this Act, for the financing of |
17 | | expenditures incurred in the proper
administration of this Act, |
18 | | then, upon the availability of such
contributions for such |
19 | | purpose, the provisions of this Section shall be
inoperative |
20 | | and interest and penalties collected pursuant to this Act shall
|
21 | | be deposited in and be deemed a part of the clearing account. |
22 | | In the event
of the enactment of the foregoing Federal |
23 | | legislation, and within 90 days
after the date upon which |
24 | | contributions become available for expenditure
for costs of |
25 | | administration, the total amount in the special administrative
|
26 | | account shall be transferred to the clearing account, and after |
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1 | | clearance
thereof shall be deposited with the Secretary of the |
2 | | Treasury of the United
States of America to the credit of the |
3 | | account of this State in the
unemployment trust fund, |
4 | | established and maintained pursuant to the Federal
Social |
5 | | Security Act, as amended.
|
6 | | (Source: P.A. 94-1083, eff. 1-19-07.)
|
7 | | (820 ILCS 405/2201) (from Ch. 48, par. 681)
|
8 | | Sec. 2201. Refund or adjustment of contributions. Not |
9 | | later than 3 years after the date upon which the Director first |
10 | | notifies any contributions,
interest or penalties thereon were |
11 | | paid, an employing unit that it which has paid
such |
12 | | contributions, interest or penalties thereon erroneously, the |
13 | | employing unit may file a
claim with the Director for an |
14 | | adjustment thereof in connection with
subsequent contribution |
15 | | payments, or for a refund thereof where such
adjustment cannot |
16 | | be made; provided, however, that no refund or adjustment
shall |
17 | | be made of any contribution, the amount of which has been |
18 | | determined
and assessed by the Director, if such contribution |
19 | | was paid after the
determination and assessment of the Director |
20 | | became final, and provided,
further, that any such adjustment |
21 | | or refund, involving contributions with
respect to wages on the |
22 | | basis of which benefits have been paid, shall be
reduced by the |
23 | | amount of benefits so paid. Upon receipt of a claim the
|
24 | | Director shall make his determination, either allowing such |
25 | | claim in whole
or in part, or ordering that it be denied, and |
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1 | | serve notice upon the
claimant of such determination. Such |
2 | | determination of the Director shall be
final at the expiration |
3 | | of 20 days from the date of service of such notice
unless the |
4 | | claimant shall have filed with the Director a written protest
|
5 | | and a petition for hearing, specifying his objections thereto. |
6 | | Upon receipt
of such petition within the 20 days allowed, the |
7 | | Director shall fix the
time and place for a hearing and shall |
8 | | notify the claimant thereof. At any
hearing held as herein |
9 | | provided, the determination of the Director shall be
prima |
10 | | facie correct and the burden shall be upon the protesting |
11 | | employing
unit to prove that it is incorrect. All of the |
12 | | provisions of this Act
applicable to hearings conducted |
13 | | pursuant to Section 2200 shall be
applicable to hearings |
14 | | conducted pursuant to this Section. Upon the
conclusion of such |
15 | | hearing, a decision shall be made by the Director and
notice |
16 | | thereof given to the claimant. If the Director shall decide |
17 | | that the
claim be allowed in whole or in part, or if such |
18 | | allowance be ordered by
the Court pursuant to Section 2205 and |
19 | | the judgment of said Court has
become final, the Director |
20 | | shall, if practicable, make adjustment without
interest in |
21 | | connection with subsequent contribution payments by the
|
22 | | claimant, and if adjustments thereof cannot practicably be made |
23 | | in
connection with such subsequent contribution payments, then |
24 | | the Director
shall refund to the claimant the amount so |
25 | | allowed, without interest
except as otherwise provided in |
26 | | Section 2201.1 from
moneys in the benefit account established |
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1 | | by this Act. Nothing herein
contained shall prohibit the |
2 | | Director from making adjustment or refund upon
his own |
3 | | initiative, within the time allowed for filing claim therefor,
|
4 | | provided that the Director shall make no refund or adjustment |
5 | | of any
contribution, the amount of which he has previously |
6 | | determined and
assessed, if such contribution was paid after |
7 | | the determination and
assessment became final.
|
8 | | If this State should not be certified for any year by the |
9 | | Secretary of
Labor of the United States of America, or other |
10 | | appropriate Federal agency,
under Section 3304 of the Federal |
11 | | Internal Revenue Code of 1954, the
Director shall refund |
12 | | without interest to any instrumentality of the United
States |
13 | | subject to this Act by virtue of permission granted in an Act |
14 | | of
Congress, the amount of contributions paid by such |
15 | | instrumentality with
respect to such year.
|
16 | | The Director may by regulation provide that, if there is a |
17 | | total credit
balance of less than $2 in an employer's account |
18 | | with respect to contributions,
interest, and penalties, the |
19 | | amount may be disregarded by the Director; once
disregarded, |
20 | | the amount shall not be considered a credit balance in the
|
21 | | account and shall not be subject to either an adjustment or a |
22 | | refund.
|
23 | | (Source: P.A. 90-554, eff. 12-12-97.)
|
24 | | (820 ILCS 405/2201.1) (from Ch. 48, par. 681.1)
|
25 | | Sec. 2201.1.
Interest on Overpaid Contributions, Penalties |
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1 | | and
Interest. The Director shall semi-annually quarterly |
2 | | furnish each employer with a
statement of credit balances in |
3 | | the employer's account where the balances
with respect to all |
4 | | contributions, interest and penalties combined equal or
exceed |
5 | | $2. Under regulations
prescribed by the Director and subject to |
6 | | the limitations of Section 2201,
the employer may file a |
7 | | request for an adjustment or refund of the amount
erroneously |
8 | | paid. Interest shall be paid on refunds of erroneously paid
|
9 | | contributions, penalties and interest imposed by this Act, |
10 | | except that if
any refund is mailed by the Director within 90 |
11 | | days after the date of the
refund claim, no interest shall be |
12 | | due or paid. The interest shall begin
to accrue as of the date |
13 | | of the refund claim and shall be paid at the rate
of 1.5% per |
14 | | month computed at the rate of 12/365 of 1.5% for each day or
|
15 | | fraction thereof. Interest paid pursuant to this Section shall |
16 | | be paid from
monies in the special administrative account |
17 | | established by Sections 2100
and 2101. This Section shall apply |
18 | | only to refunds of contributions,
penalties and interest which |
19 | | were paid as the result of wages paid after
January 1, 1988.
|
20 | | (Source: P.A. 90-554, eff. 12-12-97.)
|
21 | | (820 ILCS 405/2401) (from Ch. 48, par. 721)
|
22 | | (Text of Section after amendment by P.A. 98-107 )
|
23 | | Sec. 2401. Recording and release of lien. A. The lien |
24 | | created by Section 2400 shall be invalid only as to any
|
25 | | innocent purchaser for value of stock in trade of any employer |
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1 | | in the usual
course of such employer's business, and shall be |
2 | | invalid as to any innocent
purchaser for value of any of the |
3 | | other assets to which such lien has
attached, unless notice |
4 | | thereof has been filed by the Director in the
office of the |
5 | | recorder of the county within which the property
subject to the |
6 | | lien is situated. The Director may, in his discretion, for
good |
7 | | cause shown and upon the reimbursement of any recording fees |
8 | | paid by the Director with respect to the lien , issue a |
9 | | certificate of withdrawal of notice of lien filed
against any |
10 | | employer, which certificate shall be recorded in the same
|
11 | | manner as herein provided for the recording of notice of liens. |
12 | | Such
withdrawal of notice of lien shall invalidate such lien as |
13 | | against any
person acquiring any of such employer's property or |
14 | | any interest therein,
subsequent to the recordation of the |
15 | | withdrawal of notice of lien, but
shall not otherwise affect |
16 | | the validity of such lien, nor shall it prevent
the Director |
17 | | from re-recording notice of such lien. In the event notice of
|
18 | | such lien is re-recorded, such notice shall be effective as |
19 | | against third
persons only as of the date of such |
20 | | re-recordation.
|
21 | | B. The recorder of each county shall procure at the expense |
22 | | of
the county a file labeled "Unemployment Compensation |
23 | | Contribution Lien
Notice" and an index book labeled |
24 | | "Unemployment Compensation Contribution
Lien Index." When a |
25 | | notice of any such lien is presented to him for filing,
he |
26 | | shall file it in numerical order in the file and shall enter it
|
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1 | | alphabetically in the index. The entry shall show the name and |
2 | | last known
business address of the employer named in the |
3 | | notice, the serial number of
the notice, the date and hour of |
4 | | filing, and the amount of contribution,
interest and penalty |
5 | | thereon due and unpaid. When a certificate of complete
or |
6 | | partial release of such lien issued by the Director is |
7 | | presented for
filing in the office of the recorder where a |
8 | | notice of lien was
filed, the recorder shall permanently attach |
9 | | the certificate of release to
the notice of lien and shall |
10 | | enter the certificate of release and the date
in the |
11 | | Unemployment Compensation Contribution Lien Index on the line |
12 | | where
the notice of lien is entered. In case title to land to |
13 | | be affected by the
Notice of Lien is registered under the |
14 | | provisions of "An Act Concerning
Land Titles", approved May 1, |
15 | | 1897, as amended, such notice shall be
filed in the office of |
16 | | the Registrar of Titles of the county within which
the property |
17 | | subject to the lien is situated and shall be entered upon the
|
18 | | register of titles as a memorial or charge upon each folium of |
19 | | the register
of title affected by such notice, and the Director |
20 | | shall not have a
preference over the rights of any bona fide |
21 | | purchaser, mortgagee, judgment
creditor or other lien holder |
22 | | arising prior to the registration of such
notice.
|
23 | | C. The Director shall have the power to issue a certificate |
24 | | of partial
release of any part of the property subject to the |
25 | | lien , upon the reimbursement of any recording fees paid by the |
26 | | Director with respect to the lien, if he shall find
that the |
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1 | | fair market value of that part of such property remaining |
2 | | subject
to the lien is at least equal to the amount of all |
3 | | prior liens upon such
property plus double the amount of the |
4 | | liability for contributions,
interest and penalties thereon |
5 | | remaining unsatisfied.
|
6 | | D. Where the amount of or the liability for the payment of |
7 | | any
contribution, interest or penalty is contested by any |
8 | | employing unit
against whose property a lien has attached, and |
9 | | the determination of the
Director with reference to such |
10 | | contribution has not become final, the
Director may issue a |
11 | | certificate of release of lien upon the reimbursement of any |
12 | | recording fees paid by the Director with respect to the lien |
13 | | and the furnishing of
bond by such employing unit in 125% the |
14 | | amount of the sum of such
contribution, interest and penalty, |
15 | | for which lien is claimed, with good
and sufficient surety to |
16 | | be approved by the Director conditioned upon the
prompt payment |
17 | | of such contribution, together with interest and penalty
|
18 | | thereon, by such employing unit to the Director immediately |
19 | | upon the
decision of the Director in respect to the liability |
20 | | for such contribution,
interest and penalty becoming final.
|
21 | | E. When a lien obtained pursuant to this Act has been |
22 | | satisfied and upon the reimbursement of any recording fees paid |
23 | | by the Director with respect to the lien , the
Department shall |
24 | | issue a release to the person, or his agent, against whom
the |
25 | | lien was obtained and such release shall contain in legible |
26 | | letters a
statement as follows:
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1 | | FOR THE PROTECTION OF THE OWNER, THIS RELEASE SHALL
|
2 | | BE FILED WITH THE RECORDER OR THE REGISTRAR
|
3 | | OF TITLES, IN WHOSE OFFICE, THE LIEN WAS FILED.
|
4 | | F. The Director may, by rule, require, as a condition of |
5 | | withdrawing, releasing, or partially releasing a lien recorded |
6 | | pursuant to this Section, that the employer reimburse the |
7 | | Department for any recording fees paid with respect to the |
8 | | lien. |
9 | | (Source: P.A. 98-107, eff. 7-1-14.)
|
10 | | (820 ILCS 405/2403) (from Ch. 48, par. 723)
|
11 | | Sec. 2403. Enforcement of lien. In addition and as an |
12 | | alternative to any
other remedy provided by law, the Director |
13 | | may foreclose the lien created by
Section 2400 by petition in |
14 | | the name of the People of the State of Illinois to
the Circuit |
15 | | Court of the county wherein the property subject to the lien is
|
16 | | situated, in the same manner as provided by law for the |
17 | | foreclosure of other
liens, provided that no hearing or |
18 | | proceeding provided by this Act for the
review of the liability |
19 | | for the payment of the sums secured by such lien is
pending and |
20 | | the time for taking thereof has expired. The process, practice |
21 | | and
procedure for such foreclosure shall be the same as |
22 | | provided in the Civil
Practice Law, as amended, except that in |
23 | | all such cases, it shall not be
necessary that the petition |
24 | | describe the property to which the lien has
attached. The |
25 | | employer against whom such petition has
been filed shall file |
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1 | | in the proceedings a full and complete schedule,
under oath, of |
2 | | all property and rights thereto which he owned at the time
the |
3 | | contributions, upon which the lien sought to be foreclosed is |
4 | | based,
became due, or which he subsequently acquired, and if |
5 | | such employer fails
to do so after having been so ordered by |
6 | | the court, he may be punished
as in other cases of contempt of |
7 | | court.
|
8 | | The court in any proceeding commenced pursuant to the |
9 | | provisions of this
Act may appoint a receiver with power to |
10 | | administer or liquidate the assets
subject to the lien, |
11 | | pursuant to the order of the court.
|
12 | | Upon sale of the above stated property, the proceeds shall |
13 | | be applied to
the payment of the costs incurred in the |
14 | | proceedings, and the satisfaction
of such liens as have |
15 | | attached to the property in the order of their
priority; the |
16 | | balance, if any, shall be paid to such parties as the court
|
17 | | shall find to be entitled thereto. The Director is hereby |
18 | | empowered to bid
at any sale conducted pursuant to the |
19 | | provisions of this Act.
|
20 | | The Director may also enforce the lien created by this Act |
21 | | to the same
extent and in the same manner as is provided by the |
22 | | Retailers' Occupation
Tax Act, as amended, for the enforcement |
23 | | of the lien
created by that Act, except that, notwithstanding |
24 | | any provision of that Act
to the contrary, the Director may |
25 | | also enforce the lien created by this Act by
using designated |
26 | | agents to serve and enforce bank levies. When a bank is served |
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1 | | with a levy by the Director on the account of an employer, the |
2 | | bank may assert its right to "setoff" its loan to the employer |
3 | | only if the bank has declared the employer's loan to be in |
4 | | default prior to the service of the Director's levy and the |
5 | | bank has seized the funds from the employer's account and made |
6 | | them unavailable to the employer prior to the date of such |
7 | | service.
|
8 | | The Director's rights to redemption from a judicial sale or |
9 | | a sale
for the enforcement of a judgment, or a judgment |
10 | | satisfying indebtedness
secured by a mortgage on, any real |
11 | | estate which is subject to a lien created by
this Act, which is |
12 | | inferior to the lien enforced or foreclosed by such sale, or
|
13 | | the lien securing the indebtedness satisfied, as the case may |
14 | | be, shall be the
same as those of the Department of Revenue |
15 | | with reference to the lien created
by the Retailers' Occupation |
16 | | Tax Act, and the procedure provided by law for the
termination |
17 | | of the rights of redemption by the Department of Revenue shall |
18 | | be
applicable to the termination of the rights of redemption of |
19 | | the Director. The
statutory notice required to be served upon |
20 | | and endorsed by the Director of
Revenue by the Retailers' |
21 | | Occupation Tax Act shall be served upon and endorsed
by the |
22 | | Director.
|
23 | | (Source: P.A. 88-655, eff. 9-16-94.)
|
24 | | (820 ILCS 405/1704.1 rep.)
|
25 | | Section 20. The Unemployment Insurance Act is amended by |