SB2075sam001 94TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 4/11/2005

09400SB2075sam001 LRB094 09183 RLC 45002 a

AMENDMENT TO SENATE BILL 2075

AMENDMENT NO. ______. Amend Senate Bill 2075 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Wage Payment and Collection Act is amended by changing Section 5 as follows:

(820 ILCS 115/5) (from Ch. 48, par. 39m-5)

Sec. 5. Every employer shall pay the final compensation of separated employees in full, at the time of separation, if possible, but in no case later than the next regularly scheduled payday for such employee. Where such employee requests in writing that his final compensation be paid by check and mailed to him, the employer shall comply with this request.

Unless otherwise provided in a collective bargaining agreement, whenever a contract of employment or employment policy provides for paid vacations, and an employee resigns or is terminated without having taken all vacation time earned in accordance with such contract of employment or employment policy, the monetary equivalent of all earned vacation shall be paid to him or her as part of his or her final compensation at his or her final rate of pay and no employment contract or employment policy shall provide for forfeiture of earned vacation time upon separation.

Notwithstanding anything in this Act, an employer may maintain and enforce written incentive or deferred compensation plans which provide that the incentive or deferred compensation for employees whose total compensation exceeds $100,000 per year may be payable after separation of employment and may be subject to nonpayment under any specified terms and conditions. Wages and final compensation, other than incentive or deferred compensation, that an employee has already earned during his or her employment shall not be restricted, forfeited, or otherwise adversely affected by any written incentive or deferred compensation plan and shall be payable in accordance with this Act. An employee who is a party to a written incentive plan or deferred compensation plan shall not be precluded from filing a wage claim application with the Department.

(Source: P.A. 83-199.)

Section 99. Effective date. This Act takes effect upon becoming law.".