Full Text of HB5632 97th General Assembly
HB5632 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5632 Introduced 2/15/2012, by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED: |
| 820 ILCS 405/401 | from Ch. 48, par. 401 | 820 ILCS 405/706 | from Ch. 48, par. 456 | 820 ILCS 405/900 | from Ch. 48, par. 490 | 820 ILCS 405/901.1 new | | 820 ILCS 405/1300 | from Ch. 48, par. 540 | 820 ILCS 405/1401 | from Ch. 48, par. 551 | 820 ILCS 405/1402 | from Ch. 48, par. 552 | 820 ILCS 405/1501.1 | from Ch. 48, par. 571.1 | 820 ILCS 405/1505 | from Ch. 48, par. 575 | 820 ILCS 405/1506.1 | from Ch. 48, par. 576.1 | 820 ILCS 405/1506.3 | from Ch. 48, par. 576.3 | 820 ILCS 405/1506.5 | | 820 ILCS 405/1801.1 | | 820 ILCS 405/2100 | from Ch. 48, par. 660 | 820 ILCS 405/2103 | from Ch. 48, par. 663 | 820 ILCS 405/1503 rep. | |
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Amends the Unemployment Insurance Act. Provides that if benefits are paid after a reversal of a determination in subsequent proceedings, the benefit charges shall be treated as if the decision had not been reversed if the benefits were paid because the employer failed to respond timely or adequately and had established a pattern of that type of failure. Imposes an additional penalty for obtaining benefits by means of a false statement or failure to disclose a material fact. Repeals certain provisions concerning the benefit wage ratio. Makes technical changes. Effective immediately.
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Unemployment Insurance Act is amended by | 5 | | changing Sections 401, 706, 900, 1300, 1401, 1402, 1501.1, | 6 | | 1505, 1506.1, 1506.3, 1506.5, 1801.1, 2100, and 2103 and by | 7 | | adding Section 901.1 as follows: | 8 | | (820 ILCS 405/401) (from Ch. 48, par. 401) | 9 | | Sec. 401. Weekly Benefit Amount - Dependents' Allowances.
| 10 | | A. With respect to any week beginning in a benefit year | 11 | | beginning prior to January 4, 2004 April 24, 1983 , an
| 12 | | individual's weekly benefit amount shall be an amount equal to | 13 | | the weekly
benefit amount as defined in the provisions of this | 14 | | Act as amended and in effect on November 18, 2011 30, 1982 .
| 15 | | B. 1. With respect to any week beginning on or after April | 16 | | 24, 1983 and
before January 3, 1988, an individual's weekly | 17 | | benefit amount shall be 48%
of his prior average weekly wage, | 18 | | rounded (if not already a multiple of
one dollar) to the next | 19 | | higher dollar; provided, however, that the weekly
benefit | 20 | | amount cannot exceed the maximum weekly benefit amount, and | 21 | | cannot
be less than 15% of the statewide average weekly wage, | 22 | | rounded (if not already
a multiple of one dollar) to the next | 23 | | higher dollar. However, the weekly
benefit amount for an |
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| 1 | | individual who has established a benefit year
beginning before | 2 | | April 24, 1983, shall be determined, for weeks beginning
on or | 3 | | after April 24, 1983 claimed with respect to that benefit year, | 4 | | as
provided under this Act as in effect on November 30, 1982.
| 5 | | With respect to any week beginning on or after January 3, 1988 | 6 | | and before
January 1, 1993,
an individual's weekly benefit | 7 | | amount shall be 49% of
his prior average weekly wage, rounded | 8 | | (if not already a multiple of one
dollar) to the next higher | 9 | | dollar; provided, however, that the weekly
benefit amount | 10 | | cannot exceed the maximum weekly benefit amount, and cannot
be | 11 | | less than $51.
With respect to any week beginning on or after | 12 | | January
3, 1993 and during a benefit year beginning before | 13 | | January 4, 2004, an
individual's weekly benefit amount shall be | 14 | | 49.5% of his prior
average weekly wage, rounded (if not already | 15 | | a multiple of one dollar) to
the next higher dollar; provided, | 16 | | however, that the weekly benefit amount
cannot exceed the | 17 | | maximum weekly benefit amount and cannot be less than $51.
With | 18 | | respect to any benefit year beginning on or after January 4, | 19 | | 2004 and
before January 6, 2008, an individual's weekly benefit | 20 | | amount shall be 48% of
his or her prior average weekly wage, | 21 | | rounded (if not already a multiple of one
dollar) to the next | 22 | | higher dollar; provided, however, that the weekly benefit
| 23 | | amount cannot exceed the maximum weekly benefit amount and | 24 | | cannot be less than
$51. Except as otherwise provided in this | 25 | | Section, with respect to any benefit year beginning on or after | 26 | | January 6, 2008, an
individual's weekly benefit amount shall be |
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| 1 | | 47% of his or her prior average
weekly wage, rounded (if not | 2 | | already a multiple of one dollar) to the next
higher dollar; | 3 | | provided, however, that the weekly benefit amount cannot exceed
| 4 | | the maximum weekly benefit amount and cannot be less than $51.
| 5 | | With respect to any benefit year beginning in calendar year | 6 | | 2016, an individual's weekly benefit amount shall be 42.8% of | 7 | | his or her prior average weekly wage, rounded (if not already a | 8 | | multiple of one dollar) to the next higher dollar; provided, | 9 | | however, that the weekly benefit amount cannot exceed the | 10 | | maximum weekly benefit amount and cannot be less than $51. With | 11 | | respect to any benefit year beginning in calendar year 2018, an | 12 | | individual's weekly benefit amount shall be 42.9% of his or her | 13 | | prior average weekly wage, rounded (if not already a multiple | 14 | | of one dollar) to the next higher dollar; provided, however, | 15 | | that the weekly benefit amount cannot exceed the maximum weekly | 16 | | benefit amount and cannot be less than $51.
| 17 | | 2. For the purposes of this subsection:
| 18 | | An With respect to any week beginning on or after April 24, | 19 | | 1983, an
individual's "prior average weekly wage" means the | 20 | | total wages for insured
work paid to that individual during the | 21 | | 2 calendar quarters of his base
period in which such total | 22 | | wages were highest, divided by 26. If
the quotient is not | 23 | | already a multiple of one dollar, it shall be
rounded to the | 24 | | nearest dollar; however if the quotient is equally near
2 | 25 | | multiples of one dollar, it shall be rounded to the higher | 26 | | multiple of
one dollar.
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| 1 | | "Determination date" means June 1 and , 1982, December 1 , | 2 | | 1982 and December
1 of each succeeding calendar year except | 3 | | that thereafter. However, if as of June 30,
1982, or any June | 4 | | 30 thereafter, the net amount standing to the credit of
this | 5 | | State's account in the unemployment trust fund (less all | 6 | | outstanding
advances to that account, including advances | 7 | | pursuant to Title XII of the
federal Social Security Act) is | 8 | | greater than $100,000,000,
"determination date" shall mean | 9 | | December 1 of that year and June 1 of the
succeeding year. | 10 | | Notwithstanding the preceding sentence , for the purposes
of | 11 | | this Act only, there shall be no June 1 determination date in | 12 | | any
year after 1986 .
| 13 | | "Determination period" means, with respect to each June 1 | 14 | | determination
date, the 12 consecutive calendar months ending | 15 | | on the immediately preceding
December 31 and, with respect to | 16 | | each December 1 determination date, the
12 consecutive calendar | 17 | | months ending on the immediately preceding June 30.
| 18 | | "Benefit period" means the 12 consecutive calendar month | 19 | | period
beginning on the first day of the first calendar month | 20 | | immediately following
a determination date, except that, with | 21 | | respect to any calendar year
in which there is a June 1 | 22 | | determination date, "benefit period" shall mean
the 6 | 23 | | consecutive calendar month period beginning on the first day of | 24 | | the first
calendar month immediately following the preceding | 25 | | December 1 determination
date and the 6 consecutive calendar | 26 | | month period beginning on the first
day of the first calendar |
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| 1 | | month immediately following the June 1 determination
date. | 2 | | Notwithstanding the foregoing sentence, the 6 calendar months | 3 | | beginning
January 1, 1982 and ending June 30, 1982 shall be | 4 | | deemed a benefit period
with respect to which the determination | 5 | | date shall be June 1, 1981.
| 6 | | "Gross wages" means all the wages paid to individuals | 7 | | during the
determination period immediately preceding a | 8 | | determination date for
insured work, and reported to the | 9 | | Director by employers prior to the
first day of the third | 10 | | calendar month preceding that date.
| 11 | | "Covered employment" for any calendar month means the total | 12 | | number of
individuals, as determined by the Director, engaged | 13 | | in insured work at
mid-month.
| 14 | | "Average monthly covered employment" means one-twelfth of | 15 | | the sum of
the covered employment for the 12 months of a | 16 | | determination period.
| 17 | | "Statewide average annual wage" means the quotient, | 18 | | obtained by
dividing gross wages by average monthly covered | 19 | | employment for the same
determination period, rounded (if not | 20 | | already a multiple of one cent) to
the nearest cent.
| 21 | | "Statewide average weekly wage" means the quotient, | 22 | | obtained by
dividing the statewide average annual wage by 52, | 23 | | rounded (if not
already a multiple of one cent) to the nearest | 24 | | cent. Notwithstanding any provision of this Section to the | 25 | | contrary, the statewide average weekly wage for any benefit | 26 | | period prior to calendar year 2012 shall be as determined by |
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| 1 | | the provisions of this Act as amended and in effect on November | 2 | | 18, 2011. Notwithstanding any
provisions of this Section to the | 3 | | contrary, the statewide average weekly
wage for the benefit | 4 | | period of beginning July 1, 1982 and ending December 31,
1982 | 5 | | shall be the statewide average weekly wage in effect for the | 6 | | immediately
preceding benefit period plus one-half of the | 7 | | result obtained by
subtracting the statewide average weekly | 8 | | wage for the immediately preceding
benefit period from the | 9 | | statewide average weekly wage for the benefit
period beginning | 10 | | July 1, 1982 and ending December 31, 1982 as such statewide
| 11 | | average weekly wage would have been determined but for the | 12 | | provisions of
this paragraph. Notwithstanding any provisions | 13 | | of this Section to the
contrary, the statewide average weekly | 14 | | wage for the benefit period beginning
April 24, 1983 and ending | 15 | | January 31, 1984 shall be $321 and for the benefit
period | 16 | | beginning February 1, 1984 and ending December 31, 1986 shall | 17 | | be
$335, and for the benefit period beginning January 1, 1987, | 18 | | and ending
December 31, 1987, shall be $350, except that for an | 19 | | individual who has
established a benefit year beginning before | 20 | | April 24, 1983, the statewide
average weekly wage used in | 21 | | determining benefits, for any week beginning on
or after April | 22 | | 24, 1983, claimed with respect to that benefit year, shall
be | 23 | | $334.80, except that, for the purpose of determining the | 24 | | minimum weekly
benefit amount under subsection B(1) for the | 25 | | benefit period beginning
January 1, 1987, and ending December | 26 | | 31, 1987, the statewide average
weekly wage shall be $335; for |
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| 1 | | the benefit
periods January 1, 1988 through December 31, 1988, | 2 | | January
1, 1989 through December 31, 1989, and January 1, 1990
| 3 | | through December 31, 1990, the statewide average weekly
wage | 4 | | shall be $359, $381, and $406, respectively.
Notwithstanding | 5 | | the preceding sentences of this paragraph,
for the benefit | 6 | | period of calendar year 1991, the statewide
average weekly wage | 7 | | shall be $406 plus (or minus) an
amount equal to the percentage | 8 | | change in the statewide
average weekly wage, as computed in | 9 | | accordance with
the preceding sentences of this paragraph, | 10 | | between the
benefit periods of calendar years 1989 and 1990, | 11 | | multiplied
by $406; and, for the benefit periods of calendar | 12 | | years 1992 through
2003 and calendar year 2012 shall be $856.55 | 13 | | 2005 and for each calendar year
thereafter, the
statewide | 14 | | average weekly wage , shall be the statewide
average weekly | 15 | | wage, as determined in accordance with
this sentence, for the | 16 | | immediately preceding benefit
period plus (or minus) an amount | 17 | | equal to the percentage
change in the statewide average weekly | 18 | | wage, as computed
in accordance with the first sentence | 19 | | preceding sentences of this paragraph,
between the 2 | 20 | | immediately preceding benefit periods,
multiplied by the | 21 | | statewide average weekly wage, as
determined in accordance with | 22 | | this sentence, for the
immediately preceding benefit period.
| 23 | | However, for purposes of the
Workers'
Compensation Act, the | 24 | | statewide average weekly wage will be computed
using June 1 and | 25 | | December 1 determination dates of each calendar year and
such | 26 | | determination shall not be subject to the limitation of $321,
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| 1 | | $335, $350, $359, $381, $406 or the statewide average weekly | 2 | | wage as
computed in accordance with the preceding sentence of | 3 | | this
paragraph.
| 4 | | With respect to any week beginning in a benefit year | 5 | | beginning prior to January 4, 2004, "maximum weekly benefit | 6 | | amount" with respect to each week beginning within a benefit | 7 | | period shall be as defined in the provisions of this Act as | 8 | | amended and in effect on November 18, 2011. | 9 | | With respect to any week beginning on or after April 24, | 10 | | 1983 and before
January 3, 1988,
"maximum weekly benefit | 11 | | amount" means 48% of the statewide
average weekly wage, rounded | 12 | | (if not already a multiple of one dollar) to
the nearest | 13 | | dollar, provided however, that the maximum weekly
benefit | 14 | | amount for an individual who has established a benefit year | 15 | | beginning
before April 24, 1983, shall be determined, for weeks | 16 | | beginning on or
after April 24, 1983 claimed with respect to | 17 | | that benefit year,
as provided under this Act as amended and in | 18 | | effect on November 30,
1982, except that the statewide average | 19 | | weekly wage used in such determination
shall be $334.80.
| 20 | | With respect to any week beginning after January 2, 1988 | 21 | | and before
January 1, 1993, "maximum weekly benefit amount" | 22 | | with respect to each week
beginning within a benefit period | 23 | | means 49% of the statewide average weekly
wage, rounded (if not | 24 | | already a multiple of one dollar) to the next higher
dollar.
| 25 | | With respect to any week beginning on or after January 3, | 26 | | 1993 and during a
benefit year beginning before January 4, |
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| 1 | | 2004,
"maximum weekly benefit amount" with respect to each week | 2 | | beginning within
a benefit period means 49.5% of the statewide | 3 | | average weekly wage, rounded
(if not already a multiple of one | 4 | | dollar) to the next higher dollar.
| 5 | | With respect to any benefit year beginning on or after | 6 | | January 4, 2004 and
before January 6, 2008, "maximum weekly | 7 | | benefit amount" with respect to each
week beginning within a | 8 | | benefit period means 48% of the statewide average
weekly wage, | 9 | | rounded (if not already a multiple of one dollar) to the next
| 10 | | higher dollar.
| 11 | | Except as otherwise provided in this Section, with respect | 12 | | to any benefit year beginning on or after January 6, 2008,
| 13 | | "maximum weekly benefit amount" with respect to each week | 14 | | beginning within a
benefit period means 47% of the statewide | 15 | | average weekly wage, rounded (if not
already a multiple of one | 16 | | dollar) to the next higher dollar.
| 17 | | With respect to any benefit year beginning in calendar year | 18 | | 2016, "maximum weekly benefit amount" with respect to each week | 19 | | beginning within a benefit period means 42.8% of the statewide | 20 | | average weekly wage, rounded (if not already a multiple of one | 21 | | dollar) to the next higher dollar. | 22 | | With respect to any benefit year beginning in calendar year | 23 | | 2018, "maximum weekly benefit amount" with respect to each week | 24 | | beginning within a benefit period means 42.9% of the statewide | 25 | | average weekly wage, rounded (if not already a multiple of one | 26 | | dollar) to the next higher dollar. |
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| 1 | | C. With respect to any week beginning in a benefit year | 2 | | beginning prior to January 4, 2004, an individual's eligibility | 3 | | for a dependent allowance with respect to a nonworking spouse | 4 | | or one or more dependent children shall be as defined by the | 5 | | provisions of this Act as amended and in effect on November 18, | 6 | | 2011. on or after April 24, 1983 and before
January 3, 1988,
an | 7 | | individual to whom benefits are payable with respect
to any | 8 | | week shall, in addition to such benefits, be paid, with respect | 9 | | to such
week, as follows: in the case of an individual with a | 10 | | nonworking spouse,
7% of his prior average weekly wage, rounded | 11 | | (if not already a multiple
of one dollar) to the higher dollar; | 12 | | provided, that the total amount payable
to the individual with | 13 | | respect to a week shall not exceed 55% of the statewide
average | 14 | | weekly wage, rounded (if not already a multiple of one dollar) | 15 | | to
the nearest dollar; and in the case of an individual with a | 16 | | dependent child
or dependent children, 14.4% of his prior | 17 | | average weekly wage, rounded (if
not already a multiple of one | 18 | | dollar) to the higher dollar; provided, that
the total amount | 19 | | payable to the individual with respect to a week shall
not | 20 | | exceed 62.4% of the statewide average weekly wage, rounded (if | 21 | | not already
a multiple of one dollar) to the next higher dollar | 22 | | with respect to the
benefit period beginning January 1, 1987 | 23 | | and ending December 31, 1987, and
otherwise to the nearest | 24 | | dollar. However, for an individual with a
nonworking spouse or | 25 | | with a dependent child or children who has established
a | 26 | | benefit year beginning before April 24, 1983, the amount of |
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| 1 | | additional
benefits payable on account of the nonworking spouse | 2 | | or dependent child
or children shall be determined, for weeks | 3 | | beginning on or after April
24, 1983 claimed with respect to | 4 | | that benefit year, as provided under
this Act as in effect on | 5 | | November 30, 1982, except that the
statewide average weekly | 6 | | wage used in such determination shall be $334.80.
| 7 | | With respect to any week beginning on or after January 2, | 8 | | 1988 and before
January 1, 1991 and any week beginning on or | 9 | | after January 1, 1992, and before
January 1, 1993, an | 10 | | individual to whom benefits are payable
with respect to any
| 11 | | week shall, in addition to those benefits, be paid, with | 12 | | respect to such
week, as follows: in the case of an individual | 13 | | with a nonworking spouse,
8% of his prior average weekly wage, | 14 | | rounded (if not already a multiple
of one dollar) to the next | 15 | | higher dollar, provided, that the total
amount payable to the | 16 | | individual with respect to a week shall not
exceed 57% of the | 17 | | statewide average weekly wage, rounded (if not already
a | 18 | | multiple of one dollar) to the next higher dollar; and in the | 19 | | case of
an individual with a dependent child or dependent | 20 | | children, 15% of
his prior average weekly wage, rounded (if not | 21 | | already a multiple of one
dollar) to the next higher dollar, | 22 | | provided that the total amount
payable to the individual with | 23 | | respect to a week shall not exceed 64%
of the statewide average | 24 | | weekly wage, rounded (if not already a
multiple of one dollar) | 25 | | to the next higher dollar.
| 26 | | With respect to any week beginning on or after January 1, |
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| 1 | | 1991 and before
January 1, 1992, an individual to whom benefits | 2 | | are payable with respect to
any week shall, in addition to the | 3 | | benefits, be paid, with respect to such
week, as follows: in | 4 | | the case of an individual with a nonworking spouse,
8.3% of his | 5 | | prior average weekly wage, rounded (if not already a multiple
| 6 | | of one dollar) to the next higher dollar, provided, that the | 7 | | total amount
payable to the individual with respect to a week | 8 | | shall not exceed 57.3%
of the statewide average weekly wage, | 9 | | rounded (if not already a multiple of
one dollar) to the next | 10 | | higher dollar; and in the case of an individual
with a | 11 | | dependent child or dependent children, 15.3% of his prior | 12 | | average
weekly wage, rounded (if not already a multiple of one | 13 | | dollar) to the next
higher dollar, provided that the total | 14 | | amount payable to the individual
with respect to a week shall | 15 | | not exceed 64.3% of the statewide average
weekly wage, rounded | 16 | | (if not already a multiple of one dollar) to the next
higher | 17 | | dollar.
| 18 | | With respect to any week beginning on or after January 3, | 19 | | 1993,
during a benefit year beginning before January 4, 2004,
| 20 | | an individual to whom benefits are payable with respect to any
| 21 | | week shall, in addition to those benefits, be paid, with | 22 | | respect to such
week, as follows: in the case of an individual | 23 | | with a nonworking spouse,
9% of his prior average weekly wage, | 24 | | rounded (if not already a multiple
of one dollar) to the next | 25 | | higher dollar, provided, that the total
amount payable to the | 26 | | individual with respect to a week shall not
exceed 58.5% of the |
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| 1 | | statewide average weekly wage, rounded (if not already
a | 2 | | multiple of one dollar) to the next higher dollar; and in the | 3 | | case of
an individual with a dependent child or dependent | 4 | | children, 16% of
his prior average weekly wage, rounded (if not | 5 | | already a multiple of one
dollar) to the next higher dollar, | 6 | | provided that the total amount
payable to the individual with | 7 | | respect to a week shall not exceed 65.5%
of the statewide | 8 | | average weekly wage, rounded (if not already a
multiple of one | 9 | | dollar) to the next higher dollar.
| 10 | | With respect to any benefit year beginning on or after | 11 | | January 4, 2004 and
before January 6, 2008, an individual to | 12 | | whom benefits are payable with respect
to any week shall, in | 13 | | addition to those benefits, be paid, with respect to such
week, | 14 | | as follows: in the case of an individual with a nonworking | 15 | | spouse, 9% of
his or her prior average weekly wage, rounded (if | 16 | | not already a multiple of one
dollar) to the next higher | 17 | | dollar, provided, that the total amount payable to
the | 18 | | individual with respect to a week shall not exceed 57% of the | 19 | | statewide
average weekly wage, rounded (if not already a | 20 | | multiple of one dollar) to the
next higher dollar; and in the | 21 | | case of an individual with a dependent child or
dependent | 22 | | children, 17.2% of his or her prior average weekly wage, | 23 | | rounded (if
not already a multiple of one dollar) to the next | 24 | | higher dollar, provided that
the total amount payable to the | 25 | | individual with respect to a week shall not
exceed 65.2% of the | 26 | | statewide average weekly wage, rounded (if not already a
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| 1 | | multiple of one dollar) to the next higher dollar.
| 2 | | With respect to any benefit year beginning on or after | 3 | | January 6, 2008 and before January 1, 2010, an
individual to | 4 | | whom benefits are payable with respect to any week shall, in
| 5 | | addition to those benefits, be paid, with respect to such week, | 6 | | as follows: in
the case of an individual with a nonworking | 7 | | spouse, 9% of his or her prior
average weekly wage, rounded (if | 8 | | not already a multiple of one dollar) to the
next higher | 9 | | dollar, provided, that the total amount payable
to the | 10 | | individual with respect to a week shall not exceed 56% of the | 11 | | statewide
average weekly wage, rounded (if not already a | 12 | | multiple of one dollar) to the
next higher dollar; and in the | 13 | | case of an individual with a dependent child or
dependent | 14 | | children, 18.2% of his or her prior average weekly wage, | 15 | | rounded (if
not already a multiple of one dollar) to the next | 16 | | higher dollar, provided that
the total amount payable to the | 17 | | individual with respect to a week
shall not exceed 65.2% of the | 18 | | statewide average weekly wage, rounded (if not
already a | 19 | | multiple of one dollar) to the next higher dollar. | 20 | | The additional
amount paid pursuant to this subsection in | 21 | | the case of an individual with a
dependent child or dependent | 22 | | children shall be referred to as the "dependent
child | 23 | | allowance", and the percentage rate by which an individual's | 24 | | prior average weekly wage is multiplied pursuant to this | 25 | | subsection to calculate the dependent child allowance shall be | 26 | | referred to as the "dependent child allowance rate". |
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| 1 | | Except as otherwise provided in this Section, with respect | 2 | | to any benefit year beginning on or after January 1, 2010, an | 3 | | individual to whom benefits are payable with respect to any | 4 | | week shall, in addition to those benefits, be paid, with | 5 | | respect to such week, as follows: in the case of an individual | 6 | | with a nonworking spouse, the greater of (i) 9% of his or her | 7 | | prior average weekly wage, rounded (if not already a multiple | 8 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 9 | | that the total amount payable to the individual with respect to | 10 | | a week shall not exceed 56% of the statewide average weekly | 11 | | wage, rounded (if not already a multiple of one dollar) to the | 12 | | next higher dollar; and in the case of an individual with a | 13 | | dependent child or dependent children, the greater of (i) the | 14 | | product of the dependent child allowance rate multiplied by his | 15 | | or her prior average weekly wage, rounded (if not already a | 16 | | multiple of one dollar) to the next higher dollar, or (ii) the | 17 | | lesser of $50 or 50% of his or her weekly benefit amount, | 18 | | rounded (if not already a multiple of one dollar) to the next | 19 | | higher dollar, provided that the total amount payable to the | 20 | | individual with respect to a week shall not exceed the product | 21 | | of the statewide average weekly wage multiplied by the sum of | 22 | | 47% plus the dependent child allowance rate, rounded (if not | 23 | | already a multiple of one dollar) to the next higher dollar. | 24 | | With respect to any benefit year beginning in calendar year | 25 | | 2016, an individual to whom benefits are payable with respect | 26 | | to any week shall, in addition to those benefits, be paid, with |
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| 1 | | respect to such week, as follows: in the case of an individual | 2 | | with a nonworking spouse, the greater of (i) 9% of his or her | 3 | | prior average weekly wage, rounded (if not already a multiple | 4 | | of one dollar) to the next higher dollar, or (ii) $15, provided | 5 | | that the total amount payable to the individual with respect to | 6 | | a week shall not exceed 51.8% of the statewide average weekly | 7 | | wage, rounded (if not already a multiple of one dollar) to the | 8 | | next higher dollar; and in the case of an individual with a | 9 | | dependent child or dependent children, the greater of (i) the | 10 | | product of the dependent child allowance rate multiplied by his | 11 | | or her prior average weekly wage, rounded (if not already a | 12 | | multiple of one dollar) to the next higher dollar, or (ii) the | 13 | | lesser of $50 or 50% of his or her weekly benefit amount, | 14 | | rounded (if not already a multiple of one dollar) to the next | 15 | | higher dollar, provided that the total amount payable to the | 16 | | individual with respect to a week shall not exceed the product | 17 | | of the statewide average weekly wage multiplied by the sum of | 18 | | 42.8% plus the dependent child allowance rate, rounded (if not | 19 | | already a multiple of one dollar) to the next higher dollar. | 20 | | With respect to any benefit year beginning in calendar year | 21 | | 2018, an individual to whom benefits are payable with respect | 22 | | to any week shall, in addition to those benefits, be paid, with | 23 | | respect to such week, as follows: in the case of an individual | 24 | | with a nonworking spouse, the greater of (i) 9% of his or her | 25 | | prior average weekly wage, rounded (if not already a multiple | 26 | | of one dollar) to the next higher dollar, or (ii) $15, provided |
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| 1 | | that the total amount payable to the individual with respect to | 2 | | a week shall not exceed 51.9% of the statewide average weekly | 3 | | wage, rounded (if not already a multiple of one dollar) to the | 4 | | next higher dollar; and in the case of an individual with a | 5 | | dependent child or dependent children, the greater of (i) the | 6 | | product of the dependent child allowance rate multiplied by his | 7 | | or her prior average weekly wage, rounded (if not already a | 8 | | multiple of one dollar) to the next higher dollar, or (ii) the | 9 | | lesser of $50 or 50% of his or her weekly benefit amount, | 10 | | rounded (if not already a multiple of one dollar) to the next | 11 | | higher dollar, provided that the total amount payable to the | 12 | | individual with respect to a week shall not exceed the product | 13 | | of the statewide average weekly wage multiplied by the sum of | 14 | | 42.9% plus the dependent child allowance rate, rounded (if not | 15 | | already a multiple of one dollar) to the next higher dollar. | 16 | | With respect to each benefit year beginning after calendar | 17 | | year 2012 2009 , the
dependent child allowance rate shall be the | 18 | | sum of the allowance adjustment
applicable pursuant to Section | 19 | | 1400.1 to the calendar year in which the benefit
year begins, | 20 | | plus the dependent child
allowance rate with respect to each | 21 | | benefit year beginning in the immediately
preceding calendar | 22 | | year, except as otherwise provided in this subsection. The | 23 | | dependent
child allowance rate with respect to each benefit | 24 | | year beginning in calendar year 2010 shall not be 17.9% greater | 25 | | than 18.2% .
The dependent child allowance rate with respect to | 26 | | each benefit year beginning in calendar year 2011 shall be |
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| 1 | | 17.4%. The reduced by 0.2% absolute below the rate it would | 2 | | otherwise have been pursuant to this subsection and, with | 3 | | respect to each benefit year beginning after calendar year | 4 | | 2010, except as otherwise provided, shall not be less than | 5 | | 17.1% or greater than 18.0%. Unless, as a result of this | 6 | | sentence, the agreement between the Federal Government and | 7 | | State regarding the Federal Additional Compensation program | 8 | | established under Section 2002 of the American Recovery and | 9 | | Reinvestment Act, or a successor program, would not apply or | 10 | | would cease to apply, the dependent child allowance rate with | 11 | | respect to each benefit year beginning in calendar year 2012 | 12 | | shall be 17.0% reduced by 0.1% absolute below the rate it would | 13 | | otherwise have been pursuant to this subsection and, with | 14 | | respect to each benefit year beginning after calendar year 2012 | 15 | | 2011 , shall not be less than 17.0% or greater than 17.9%.
| 16 | | For the purposes of this subsection:
| 17 | | "Dependent" means a child or a nonworking spouse.
| 18 | | "Child" means a natural child, stepchild, or adopted child | 19 | | of an
individual claiming benefits under this Act or a child | 20 | | who is in the
custody of any such individual by court order, | 21 | | for whom the individual is
supplying and, for at least 90 | 22 | | consecutive days (or for the duration of
the parental | 23 | | relationship if it has existed for less than 90 days)
| 24 | | immediately preceding any week with respect to which the | 25 | | individual has
filed a claim, has supplied more than one-half | 26 | | the cost of support, or
has supplied at least 1/4 of the cost |
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| 1 | | of support if the individual and
the other parent, together, | 2 | | are supplying and, during the aforesaid
period, have supplied | 3 | | more than one-half the cost of support, and are,
and were | 4 | | during the aforesaid period, members of the same household; and
| 5 | | who, on the first day of such week (a) is under 18 years of age, | 6 | | or (b)
is, and has been during the immediately preceding 90 | 7 | | days, unable to
work because of illness or other disability: | 8 | | provided, that no person
who has been determined to be a child | 9 | | of an individual who has been
allowed benefits with respect to | 10 | | a week in the individual's benefit
year shall be deemed to be a | 11 | | child of the other parent, and no other
person shall be | 12 | | determined to be a child of such other parent, during
the | 13 | | remainder of that benefit year.
| 14 | | "Nonworking spouse" means the lawful husband or wife of an | 15 | | individual
claiming benefits under this Act, for whom more than | 16 | | one-half the cost
of support has been supplied by the | 17 | | individual for at least 90
consecutive days (or for the | 18 | | duration of the marital relationship if it
has existed for less | 19 | | than 90 days) immediately preceding any week with
respect to | 20 | | which the individual has filed a claim, but only if the
| 21 | | nonworking spouse is currently ineligible to receive benefits | 22 | | under this
Act by reason of the provisions of Section 500E.
| 23 | | An individual who was obligated by law to provide for the | 24 | | support of
a child or of a nonworking spouse for the aforesaid | 25 | | period of 90 consecutive
days, but was prevented by illness or | 26 | | injury from doing so, shall be deemed
to have provided more |
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| 1 | | than one-half the cost of supporting the child or
nonworking | 2 | | spouse for that period.
| 3 | | (Source: P.A. 96-30, eff. 6-30-09; 97-621, eff. 11-18-11.)
| 4 | | (820 ILCS 405/706) (from Ch. 48, par. 456)
| 5 | | Sec. 706. Benefits undisputed or allowed - Prompt payment. | 6 | | Benefits shall be paid promptly in accordance with a claims
| 7 | | adjudicator's finding and determination, or reconsidered | 8 | | finding or
reconsidered determination, or the decision of a | 9 | | Referee, the Board of
Review or a reviewing court, upon the | 10 | | issuance of such finding and
determination, reconsidered | 11 | | finding, reconsidered determination or
decision, regardless of | 12 | | the pendency of the period to apply for
reconsideration, file | 13 | | an appeal, or file a complaint for judicial review,
or the | 14 | | pendency of any such application or filing, unless and until | 15 | | such
finding, determination, reconsidered finding, | 16 | | reconsidered determination or
decision has been modified or | 17 | | reversed by a subsequent reconsidered finding
or reconsidered | 18 | | determination or decision, in which event benefits shall be
| 19 | | paid or denied with respect to weeks thereafter in accordance | 20 | | with such
reconsidered finding, reconsidered determination, or | 21 | | modified or reversed
finding, determination, reconsidered | 22 | | finding, reconsidered determination or
decision. Except as | 23 | | otherwise provided in this Section, if If benefits are paid | 24 | | pursuant to a finding or a determination, or
a reconsidered | 25 | | finding, or a reconsidered determination, or a decision of a
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| 1 | | Referee, the Board of Review or a court, which is finally | 2 | | reversed or
modified in subsequent proceedings with respect | 3 | | thereto, the benefit wages
on which such benefits are based | 4 | | shall, for the purposes set forth in
Section 1502, or benefit | 5 | | charges, for purposes set forth in Section
1502.1, be treated | 6 | | in the same manner as if such final reconsidered
finding, | 7 | | reconsidered determination, or decision had been the finding or
| 8 | | determination of the claims adjudicator. If benefits are paid | 9 | | pursuant to a finding, determination, reconsidered finding or | 10 | | determination, or a decision of a Referee, the Board of Review, | 11 | | or a court which is finally reversed or modified in subsequent | 12 | | proceedings with respect thereto, the benefit charges, for | 13 | | purposes set forth in Section 1502.1, shall be treated in the | 14 | | same manner as if the finding, determination, reconsidered | 15 | | finding or determination, or decision of the Referee, the Board | 16 | | of Review, or the court pursuant to which benefits were paid | 17 | | had not been reversed if: (1) the benefits were paid because | 18 | | the employer or an agent of the employer was at fault for | 19 | | failing to respond timely or adequately to the Department's | 20 | | request for information relating to the claim; and (2) the | 21 | | employer or agent has established a pattern of failing to | 22 | | respond timely or adequately to such requests.
| 23 | | (Source: P.A. 85-956.)
| 24 | | (820 ILCS 405/900) (from Ch. 48, par. 490)
| 25 | | Sec. 900. Recoupment.) A. Whenever an individual has |
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| 1 | | received any
sum as benefits for which he is found to have been | 2 | | ineligible, the
amount thereof may be recovered by suit in the | 3 | | name of the People of the
State of Illinois, or, from benefits | 4 | | payable to him, may be recouped:
| 5 | | 1. At any time, if, to receive such sum, he knowingly made | 6 | | a false
statement or knowingly failed to disclose a material | 7 | | fact.
| 8 | | 2. Within 3 years from any date prior to January 1,
1984, | 9 | | on which he has been found to have been
ineligible for any | 10 | | other reason, pursuant to a reconsidered finding or a
| 11 | | reconsidered determination, or pursuant to the decision of a | 12 | | Referee
(or of the Director or his representative under Section | 13 | | 604) which modifies
or sets aside a finding or a reconsidered | 14 | | finding or a determination or
a reconsidered determination; or | 15 | | within 5 years from any date
after December 31, 1983, on which | 16 | | he has been
found to have been ineligible for
any other reason, | 17 | | pursuant to a reconsidered finding or a reconsidered
| 18 | | determination, or pursuant to the decision of a Referee (or of | 19 | | the Director
or his representative under Section 604) which | 20 | | modifies or sets aside a
finding or a reconsidered finding or a | 21 | | determination or a reconsidered
determination. Recoupment | 22 | | pursuant to the provisions of
this paragraph from benefits | 23 | | payable to an individual for any week may be
waived upon the | 24 | | individual's request, if the sum referred to in paragraph
A was | 25 | | received by the individual without fault on his part and if | 26 | | such
recoupment would be against equity and good conscience. |
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| 1 | | Such waiver may be
denied with respect to any subsequent week | 2 | | if, in that week, the facts and
circumstances upon which waiver | 3 | | was based no longer exist.
| 4 | | B. Whenever the claims adjudicator referred to in Section | 5 | | 702
decides that any sum received by a claimant as benefits | 6 | | shall be
recouped, or denies recoupment waiver requested by the | 7 | | claimant, he shall
promptly notify the claimant of his decision | 8 | | and the
reasons therefor. The decision and the notice thereof | 9 | | shall state the
amount to be recouped, the weeks with respect | 10 | | to which such sum was
received by the claimant, and the time | 11 | | within which it may be recouped and,
as the case may be, the | 12 | | reasons for denial of recoupment waiver.
The claims adjudicator | 13 | | may reconsider his decision within one year after
the date when | 14 | | the decision was made. Such decision or reconsidered
decision | 15 | | may be appealed to a Referee within the time limits prescribed
| 16 | | by Section 800 for appeal from a determination. Any such | 17 | | appeal, and
any appeal from the Referee's decision thereon, | 18 | | shall be governed by the
applicable provisions of Sections 801, | 19 | | 803, 804 and 805. No recoupment
shall be begun until the | 20 | | expiration of the time limits prescribed by
Section 800 of this | 21 | | Act or, if an appeal has been filed, until the
decision of a | 22 | | Referee has been made thereon affirming the decision of
the | 23 | | Claims Adjudicator.
| 24 | | C. Any sums recovered under the provisions of this Section | 25 | | shall be
treated as repayments to the Department Director of | 26 | | sums improperly obtained by the
claimant.
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| 1 | | D. Whenever, by reason of a back pay award made by any | 2 | | governmental
agency or pursuant to arbitration proceedings, or | 3 | | by reason of a payment
of wages wrongfully withheld by an | 4 | | employing unit, an individual has
received wages for weeks with | 5 | | respect to which he has received benefits,
the amount of such | 6 | | benefits may be recouped or otherwise recovered as
herein | 7 | | provided. An employing unit making a back pay award to an
| 8 | | individual for weeks with respect to which the individual has | 9 | | received
benefits shall make the back pay award by check | 10 | | payable jointly to the
individual and to the Department | 11 | | Director .
| 12 | | E. The amount recouped pursuant to paragraph 2 of | 13 | | subsection A from
benefits payable to an individual for any | 14 | | week shall not exceed 25% of
the individual's weekly benefit | 15 | | amount.
| 16 | | In addition to the remedies provided by this Section, when | 17 | | an
individual has received any sum as benefits for which he is | 18 | | found to be
ineligible, the Director may request the | 19 | | Comptroller to withhold such sum
in accordance with Section | 20 | | 10.05 of the State Comptroller Act and the Director may request | 21 | | the Secretary of the Treasury to withhold such sum to the | 22 | | extent allowed by and in accordance with Section 6402(f) of the | 23 | | federal Internal Revenue Code of 1986, as amended. Benefits
| 24 | | paid pursuant to this Act shall not be subject to such | 25 | | withholding. Where the Director requests withholding by the | 26 | | Secretary of the Treasury pursuant to this Section, in addition |
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| 1 | | to the amount of benefits for which the individual has been | 2 | | found ineligible, the individual shall be liable for any | 3 | | legally authorized administrative fee assessed by the | 4 | | Secretary, with such fee to be added to the amount to be | 5 | | withheld by the Secretary.
| 6 | | (Source: P.A. 97-621, eff. 11-18-11.)
| 7 | | (820 ILCS 405/901.1 new) | 8 | | Sec. 901.1. Additional penalty. In addition to the | 9 | | penalties imposed under Section 901, an individual who, for the | 10 | | purposes of obtaining benefits, knowingly makes a false | 11 | | statement or knowingly fails to disclose a material fact, and | 12 | | thereby obtains any sum as benefits for which he or she is not | 13 | | eligible, shall be required to pay a penalty in an amount equal | 14 | | to 15% of such sum. All of the provisions of Section 900 | 15 | | applicable to the recovery of sums described in paragraph 1 of | 16 | | subsection A of Section 900 shall apply to penalties imposed | 17 | | pursuant to this Section. All penalties collected under this | 18 | | Section shall be treated in the same manner as benefits | 19 | | recovered from such individual.
| 20 | | (820 ILCS 405/1300) (from Ch. 48, par. 540)
| 21 | | Sec. 1300. Waiver or transfer of benefit rights - Partial | 22 | | exemption.
| 23 | | (A) Except as otherwise provided herein any agreement by an | 24 | | individual
to waive, release or commute his rights under this |
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| 1 | | Act shall be void.
| 2 | | (B) Benefits due under this Act shall not be assigned, | 3 | | pledged, encumbered,
released or commuted and shall be exempt | 4 | | from all claims of creditors and
from levy, execution and | 5 | | attachment or other remedy for recovery or
collection of a | 6 | | debt. However, nothing in this Section shall prohibit a
| 7 | | specified or agreed upon deduction from benefits by an | 8 | | individual, or a
court or administrative order for withholding | 9 | | of income, for payment of
past due child support from being | 10 | | enforced and collected by the Department
of Healthcare and | 11 | | Family Services on behalf of persons receiving a grant of | 12 | | financial aid under
Article IV of the Illinois Public Aid Code, | 13 | | persons for whom an application
has been made and approved for | 14 | | child support enforcement services under
Section 10-1 of such
| 15 | | Code, or persons similarly situated and receiving like services
| 16 | | in other states. It is provided that:
| 17 | | (1) The aforementioned deduction of benefits and order | 18 | | for withholding
of income apply only if appropriate | 19 | | arrangements have been made for
reimbursement to the | 20 | | Department Director by the Department of Healthcare and | 21 | | Family Services for any
administrative costs incurred by | 22 | | the Director under this Section.
| 23 | | (2) The Director shall deduct and withhold from | 24 | | benefits payable under
this Act, or under any arrangement | 25 | | for the payment of benefits entered into
by the Director | 26 | | pursuant to the powers granted under Section 2700 of this
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| 1 | | Act, the amount specified or agreed upon. In the case of a | 2 | | court
or administrative order for withholding of income, | 3 | | the Director shall
withhold the amount of the order.
| 4 | | (3) Any amount deducted and withheld by the Director | 5 | | shall be paid to
the Department of Healthcare and Family | 6 | | Services or the State Disbursement Unit established
under | 7 | | Section 10-26 of the Illinois Public Aid Code, as directed | 8 | | by the
Department of Healthcare and Family Services, on | 9 | | behalf of the individual.
| 10 | | (4) Any amount deducted and withheld under subsection | 11 | | (3) shall for all
purposes be treated as if it were paid to | 12 | | the individual as benefits and
paid by such individual to | 13 | | the Department of Healthcare and Family Services
or the | 14 | | State
Disbursement Unit in satisfaction of the | 15 | | individual's child support
obligations.
| 16 | | (5) For the purpose of this Section, child support is | 17 | | defined
as those obligations which are being enforced | 18 | | pursuant to a plan described
in Title IV, Part D, Section | 19 | | 454 of the Social Security Act and approved
by the | 20 | | Secretary of Health and Human Services.
| 21 | | (6) The deduction of benefits and order for withholding | 22 | | of income for
child support shall be governed by Titles III | 23 | | and IV of the Social Security
Act and all regulations duly | 24 | | promulgated thereunder.
| 25 | | (C) Nothing in this Section prohibits an individual from | 26 | | voluntarily
electing to have federal income tax deducted and |
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| 1 | | withheld from his or her
unemployment insurance benefit | 2 | | payments.
| 3 | | (1) The Director shall, at the time that an individual | 4 | | files his or her
claim for benefits that establishes his or | 5 | | her benefit year, inform the
individual that:
| 6 | | (a) unemployment insurance is subject to federal, | 7 | | State, and local
income
taxes;
| 8 | | (b) requirements exist pertaining to estimated tax | 9 | | payments;
| 10 | | (c) the individual may elect to have federal income | 11 | | tax deducted and
withheld from his or her payments of | 12 | | unemployment insurance in the amount
specified in the | 13 | | federal Internal Revenue Code; and
| 14 | | (d) the individual is permitted to change a | 15 | | previously elected
withholding status.
| 16 | | (2) Amounts deducted and withheld from unemployment | 17 | | insurance shall remain
in the unemployment fund until | 18 | | transferred to the federal taxing authority as a
payment of | 19 | | income tax.
| 20 | | (3) The Director shall follow all procedures specified | 21 | | by the United
States Department of Labor and the federal | 22 | | Internal Revenue Service pertaining
to the deducting and | 23 | | withholding of income tax.
| 24 | | (4) Amounts shall be deducted and withheld in | 25 | | accordance with the
priorities established in rules | 26 | | promulgated by the Director.
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| 1 | | (D) Nothing in this Section prohibits an individual from | 2 | | voluntarily
electing to have State of Illinois income tax | 3 | | deducted and withheld from his or
her unemployment insurance | 4 | | benefit payments.
| 5 | | (1) The Director
shall, at the time that an individual | 6 | | files his or her claim for benefits that
establishes his or | 7 | | her benefit year, in addition to providing the notice
| 8 | | required under subsection C, inform the individual that:
| 9 | | (a) the individual may elect to have State of | 10 | | Illinois income tax
deducted and withheld from his or | 11 | | her payments of unemployment insurance; and
| 12 | | (b) the individual is permitted to change a | 13 | | previously elected
withholding status.
| 14 | | (2) Amounts deducted and withheld from unemployment | 15 | | insurance shall remain
in the unemployment fund until | 16 | | transferred to the Department of Revenue as a
payment of | 17 | | State of Illinois income tax.
| 18 | | (3) Amounts shall be deducted and withheld in | 19 | | accordance with the
priorities established in rules | 20 | | promulgated by the Director.
| 21 | | (E) Nothing in this Section prohibits the deduction and | 22 | | withholding of an
uncollected overissuance of food stamp | 23 | | coupons from unemployment insurance
benefits pursuant to this | 24 | | subsection (E).
| 25 | | (1) At the time that an individual files a claim for | 26 | | benefits that
establishes his or her benefit year, that |
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| 1 | | individual must disclose whether or
not he or she owes an | 2 | | uncollected overissuance (as defined in Section 13(c)(1)
| 3 | | of the federal Food Stamp Act of 1977) of food stamp | 4 | | coupons. The Director
shall notify the State food stamp | 5 | | agency enforcing such obligation of any
individual who | 6 | | discloses that he or she owes an uncollected overissuance | 7 | | of
food stamp coupons and who meets the monetary | 8 | | eligibility requirements of
subsection E of
Section 500.
| 9 | | (2) The Director shall deduct and withhold from any | 10 | | unemployment insurance
benefits payable to an individual | 11 | | who owes an uncollected overissuance of food
stamp coupons:
| 12 | | (a) the amount specified by the individual to the | 13 | | Director to be
deducted and withheld under this | 14 | | subsection (E);
| 15 | | (b) the amount (if any) determined pursuant to an | 16 | | agreement submitted
to the State food stamp agency | 17 | | under Section 13(c)(3)(A) of the federal Food
Stamp Act | 18 | | of 1977; or
| 19 | | (c) any amount otherwise required to be deducted | 20 | | and withheld from
unemployment insurance benefits | 21 | | pursuant to Section 13(c)(3)(B) of the federal
Food | 22 | | Stamp Act of 1977.
| 23 | | (3) Any amount deducted and withheld pursuant to this | 24 | | subsection (E) shall
be paid by the Director to the State | 25 | | food stamp agency.
| 26 | | (4) Any amount deducted and withheld pursuant to this |
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| 1 | | subsection (E) shall
for all purposes be treated as if it | 2 | | were paid to the individual as
unemployment insurance | 3 | | benefits and paid by the individual to the State food
stamp | 4 | | agency as repayment of the individual's uncollected | 5 | | overissuance of food
stamp coupons.
| 6 | | (5) For purposes of this subsection (E), "unemployment | 7 | | insurance benefits"
means any compensation payable under | 8 | | this Act including amounts payable by the
Director pursuant | 9 | | to an agreement under any federal law providing for
| 10 | | compensation, assistance, or allowances with respect to | 11 | | unemployment.
| 12 | | (6) This subsection (E) applies only if arrangements | 13 | | have been made for
reimbursement by the State food stamp | 14 | | agency for the administrative costs
incurred by the | 15 | | Director under this subsection (E) which are attributable | 16 | | to
the repayment of uncollected overissuances of food stamp | 17 | | coupons to the State
food stamp agency.
| 18 | | (Source: P.A. 94-237, eff. 1-1-06; 95-331, eff. 8-21-07.)
| 19 | | (820 ILCS 405/1401) (from Ch. 48, par. 551)
| 20 | | Sec. 1401. Interest. Any employer who shall fail to pay | 21 | | any contributions
(including any amounts due pursuant to | 22 | | Section 1506.3) when required of him by the provisions of this | 23 | | Act and the rules
and regulations of the Director, whether or | 24 | | not the amount thereof has been
determined and assessed by the | 25 | | Director, shall pay to the Department Director , in
addition to |
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| 1 | | such contribution, interest thereon at the rate of one percent
| 2 | | (1%) per month and one-thirtieth (1/30) of one percent (1%) for | 3 | | each day or
fraction thereof computed from the day upon which | 4 | | said contribution became
due. After 1981, such interest shall | 5 | | accrue at the rate of 2% per month,
computed at the rate of | 6 | | 12/365 of 2% for each day or fraction thereof, upon
any unpaid | 7 | | contributions which become due, provided that, after 1987, for
| 8 | | the purposes of calculating interest due under this Section | 9 | | only, payments
received more than 30 days after such | 10 | | contributions become due shall be
deemed received on the last | 11 | | day of the month preceding the month in which
they were | 12 | | received except that, if the last day of such preceding month | 13 | | is
less than 30 days after the date that such contributions | 14 | | became due, then
such payments shall be deemed to have been | 15 | | received on the 30th day after
the date such contributions | 16 | | became due.
| 17 | | However, all or part of any interest may be waived by the | 18 | | Director for
good cause shown.
| 19 | | (Source: P.A. 93-634, eff. 1-1-04.)
| 20 | | (820 ILCS 405/1402) (from Ch. 48, par. 552)
| 21 | | Sec. 1402. Penalties. | 22 | | A. If any employer fails, within the time prescribed in | 23 | | this Act as
amended and in effect on October 5, 1980, and the | 24 | | regulations of the
Director, to file a report of wages paid to | 25 | | each of his workers, or to file
a sufficient report of such |
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| 1 | | wages after having been notified by the
Director to do so, for | 2 | | any period which begins prior to January 1, 1982, he
shall pay | 3 | | to the Department Director as a penalty a sum determined in | 4 | | accordance with
the provisions of this Act as amended and in | 5 | | effect on October 5, 1980.
| 6 | | B. Except as otherwise provided in this Section, any | 7 | | employer who
fails to file a report of wages paid to each of | 8 | | his
workers for any period which begins on or after January 1, | 9 | | 1982, within the
time prescribed by the provisions of this Act | 10 | | and the regulations of the
Director, or, if the Director | 11 | | pursuant to such regulations extends the time
for filing the | 12 | | report, fails to file it within the extended time, shall, in
| 13 | | addition to any sum otherwise payable by him under the | 14 | | provisions of this
Act, pay to the Department Director as a | 15 | | penalty a sum equal to the lesser of (1) $5
for each $10,000 or | 16 | | fraction thereof of the total wages for insured work
paid by | 17 | | him during the period or (2) $2,500, for each month
or part | 18 | | thereof of such failure to file the report. With respect to an | 19 | | employer who has elected to file reports of wages on an annual | 20 | | basis pursuant to Section 1400.2, in assessing penalties for | 21 | | the failure to submit all reports by the due date established | 22 | | pursuant to that Section, the 30-day period immediately | 23 | | following the due date shall be considered as one month.
| 24 | | If the Director deems an employer's report of wages paid to | 25 | | each of his
workers for any period which begins on or after | 26 | | January 1, 1982,
insufficient, he shall notify the employer to |
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| 1 | | file a sufficient report. If
the employer fails to file such | 2 | | sufficient report within 30 days after the
mailing of the | 3 | | notice to him, he shall, in addition to any sum otherwise
| 4 | | payable by him under the provisions of this Act, pay to the | 5 | | Department Director as a
penalty a sum determined in accordance | 6 | | with the provisions of the first
paragraph of this subsection, | 7 | | for each month or part thereof of such
failure to file such | 8 | | sufficient report after the date of the notice.
| 9 | | For wages paid in calendar years prior to 1988, the penalty | 10 | | or
penalties which accrue under the two foregoing paragraphs
| 11 | | with respect to a report for any period shall not be less than | 12 | | $100, and
shall not exceed the lesser of
(1) $10 for each | 13 | | $10,000 or fraction thereof
of the total wages for insured work | 14 | | paid during the period or (2) $5,000.
For wages paid in | 15 | | calendar years after 1987, the penalty or penalties which
| 16 | | accrue under the 2 foregoing paragraphs with respect to a | 17 | | report for any
period shall not be less than $50, and shall not | 18 | | exceed the lesser of (1)
$10 for each $10,000 or fraction of | 19 | | the total wages for insured work
paid during the period or (2) | 20 | | $5,000.
With respect to an employer who has elected to file | 21 | | reports of wages on an annual basis pursuant to Section 1400.2, | 22 | | for purposes of calculating the minimum penalty prescribed by | 23 | | this Section for failure to file the reports on a timely basis, | 24 | | a calendar year shall constitute a single period. For reports | 25 | | of wages paid after 1986, the Director shall not,
however, | 26 | | impose a penalty pursuant to either of the two foregoing
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| 1 | | paragraphs on any employer who can prove within 30 working days | 2 | | after the
mailing of a notice of his failure to file such a | 3 | | report, that (1) the
failure to file the report is his first | 4 | | such failure during the previous 20
consecutive calendar | 5 | | quarters, and (2) the amount of the total
contributions due for | 6 | | the calendar quarter of such report is less than $500.
| 7 | | Any employer who wilfully fails to pay any contribution or | 8 | | part
thereof, based upon wages paid prior to 1987,
when | 9 | | required by the provisions of this Act and the regulations of | 10 | | the
Director, with intent to defraud the Director, shall in | 11 | | addition to such
contribution or part thereof pay to the | 12 | | Department Director a penalty equal to 50 percent
of the amount | 13 | | of such contribution or part thereof, as the case may
be, | 14 | | provided that the penalty shall not be less than $200.
| 15 | | Any employer who willfully fails to pay any contribution or | 16 | | part
thereof, based upon wages paid in 1987 and in each | 17 | | calendar year
thereafter, when required by the
provisions of | 18 | | this Act and the regulations of the Director, with intent to
| 19 | | defraud the Director, shall in addition to such contribution or | 20 | | part
thereof pay to the Department Director a penalty equal to | 21 | | 60% of the amount of such
contribution or part thereof, as the | 22 | | case may be, provided that the penalty
shall not be less than | 23 | | $400.
| 24 | | However, all or part of any penalty may be waived by the | 25 | | Director for
good cause shown.
| 26 | | (Source: P.A. 94-723, eff. 1-19-06.)
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| 1 | | (820 ILCS 405/1501.1) (from Ch. 48, par. 571.1)
| 2 | | Sec. 1501.1. Benefit charges. A. When an individual
is paid | 3 | | regular benefits with respect to a week in a
benefit year which | 4 | | begins on or after July 1, 1989 ,
an amount equal to such | 5 | | regular benefits, including
dependents' allowances, shall | 6 | | immediately become benefit charges.
| 7 | | B. (Blank). When an individual is paid regular benefits on | 8 | | or
after July 1, 1989, with respect to a week in a benefit
year | 9 | | which began prior to July 1, 1989, an amount equal
to such | 10 | | regular benefits, including dependents' allowances,
shall | 11 | | immediately become benefit charges.
| 12 | | C. When an individual is paid extended benefits with
| 13 | | respect to any week in his eligibility period beginning
in a | 14 | | benefit year which begins on or after July 1, 1989 ,
an amount | 15 | | equal to one-half of such extended benefits
including | 16 | | dependents' allowances, shall immediately
become benefit | 17 | | charges.
| 18 | | D. (Blank). When an individual is paid extended benefits on | 19 | | or
after July 1, 1989, with respect to any week in his | 20 | | eligibility
period beginning in a benefit year which began | 21 | | prior
to July 1, 1989, an amount equal to one-half of such
| 22 | | extended benefits including dependents' allowances,
shall | 23 | | immediately become benefit charges.
| 24 | | E. Notwithstanding the foregoing subsections, the payment
| 25 | | of benefits shall not become benefit charges if, by
reason of |
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| 1 | | the application of subsection B the third paragraph of
Section | 2 | | 237, he is paid benefits based upon wages other
than those paid | 3 | | in a base period as defined in subsections A and C the second
| 4 | | paragraph of Section 237.
| 5 | | F. (Blank). Notwithstanding the foregoing subsections, the | 6 | | payment
of regular or extended benefits on or after July 1,
| 7 | | 1989, with respect to a week in a benefit year which
began | 8 | | prior to July 1, 1989, shall not become benefit
charges under | 9 | | subsections B and D above where such benefit
charges, had they | 10 | | been benefit wages under Section 1501,
would have been subject | 11 | | to transfer under subsection F of Section 1501.
| 12 | | G. (Blank). Notwithstanding any other provision of this | 13 | | Act,
the benefit charges with respect to the payment of regular
| 14 | | or extended benefits on or after July 1, 1989, with respect
to | 15 | | a week in a benefit year which began prior to July
1, 1989, | 16 | | shall not exceed the difference between the
base period wages | 17 | | paid with respect to that benefit
year and the wages which | 18 | | became benefit wages with respect
to that same benefit year | 19 | | (not including any benefit
wages transferred pursuant to | 20 | | subsection F of Section 1501), provided
that any change after | 21 | | September 30, 1989, in either base
period wages or wages which | 22 | | became benefit wages as
a result of benefit payments made prior | 23 | | to July 1, 1989
shall not affect such benefit charges.
| 24 | | H. For the purposes of this Section and of Section 1504,
| 25 | | benefits shall be deemed to have been paid on the date
such | 26 | | payment has been mailed to the individual by the Director or |
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| 1 | | the date on which the Director initiates an electronic transfer | 2 | | of the benefits to the individual's debit card or financial | 3 | | institution account .
| 4 | | (Source: P.A. 85-956.)
| 5 | | (820 ILCS 405/1505) (from Ch. 48, par. 575)
| 6 | | Sec. 1505. Adjustment of state experience factor. The state | 7 | | experience
factor shall be adjusted in accordance with the | 8 | | following provisions:
| 9 | | A. For calendar years prior to 1988, the state experience | 10 | | factor shall be adjusted in accordance with the provisions of | 11 | | this Act as amended and in effect on November 18, 2011. This | 12 | | subsection shall apply to each calendar year prior to 1980 for
| 13 | | which a state experience factor is being determined.
| 14 | | For every $7,000,000 (or fraction thereof) by which the | 15 | | amount
standing to the credit of this State's account in the | 16 | | unemployment trust
fund as of June 30 of the calendar year | 17 | | immediately preceding the
calendar year for which the state | 18 | | experience factor is being determined
falls below | 19 | | $450,000,000, the state experience factor for the succeeding
| 20 | | calendar year shall be increased 1 percent absolute.
| 21 | | For every $7,000,000 (or fraction thereof) by which the | 22 | | amount
standing to the credit of this State's account in the | 23 | | unemployment trust
fund as of June 30 of the calendar year | 24 | | immediately preceding the
calendar year for which the state | 25 | | experience factor is being determined
exceeds $450,000,000, |
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| 1 | | the state experience factor for the succeeding
year shall be | 2 | | reduced 1 percent absolute.
| 3 | | B. (Blank). This subsection shall apply to the calendar | 4 | | years 1980
through 1987, for which the state experience factor | 5 | | is being determined.
| 6 | | For every $12,000,000 (or fraction thereof) by which the | 7 | | amount
standing to the credit of this State's account in the | 8 | | unemployment trust
fund as of June 30 of the calendar year | 9 | | immediately preceding the
calendar year for which the state | 10 | | experience factor is being determined
falls below | 11 | | $750,000,000, the state experience factor for the succeeding
| 12 | | calendar year shall be increased 1 percent absolute.
| 13 | | For every $12,000,000 (or fraction thereof) by which the | 14 | | amount
standing to the credit of this State's account in the | 15 | | unemployment trust
fund as of June 30 of the calendar year | 16 | | immediately preceding the
calendar year for which the state | 17 | | experience factor is being determined
exceeds $750,000,000, | 18 | | the state experience factor for the succeeding
year shall be | 19 | | reduced 1 percent absolute.
| 20 | | C. For This subsection shall apply to the calendar year | 21 | | 1988
and each calendar year thereafter, for which the state
| 22 | | experience factor is being determined.
| 23 | | 1. For every $50,000,000 (or fraction thereof) by which
| 24 | | the adjusted trust fund balance falls below the target | 25 | | balance set forth in
this subsection,
the state experience | 26 | | factor for the succeeding year shall
be increased one |
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| 1 | | percent absolute.
| 2 | | For every $50,000,000 (or fraction thereof) by which
| 3 | | the adjusted trust fund balance exceeds the target balance | 4 | | set forth in this
subsection, the
state experience factor | 5 | | for the succeeding year shall be
decreased by one percent | 6 | | absolute.
| 7 | | The target balance in each calendar year prior to 2003 | 8 | | is $750,000,000.
The
target balance in
calendar year 2003 | 9 | | is $920,000,000. The target balance in calendar year 2004 | 10 | | is
$960,000,000.
The target balance in calendar year 2005 | 11 | | and each calendar year thereafter
is
$1,000,000,000.
| 12 | | 2. For the purposes of this subsection:
| 13 | | "Net trust fund balance" is the amount standing to the
| 14 | | credit of this State's account in the unemployment trust
| 15 | | fund as of June 30 of the calendar year immediately | 16 | | preceding
the year for which a state experience factor is | 17 | | being determined.
| 18 | | "Adjusted trust fund balance" is the net trust fund | 19 | | balance
minus the sum of the benefit reserves for fund | 20 | | building
for July 1, 1987 through June 30 of the year prior | 21 | | to the
year for which the state experience factor is being | 22 | | determined.
The adjusted trust fund balance shall not be | 23 | | less than
zero. If the preceding calculation results in a | 24 | | number
which is less than zero, the amount by which it is | 25 | | less
than zero shall reduce the sum of the benefit reserves
| 26 | | for fund building for subsequent years.
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| 1 | | For the purpose of determining the state experience | 2 | | factor
for 1989 and for each calendar year thereafter, the | 3 | | following
"benefit reserves for fund building" shall apply | 4 | | for each
state experience factor calculation in which that | 5 | | 12 month
period is applicable:
| 6 | | a. For the 12 month period ending on June 30, 1988, | 7 | | the
"benefit reserve for fund building" shall be | 8 | | 8/104th of
the total benefits paid from January 1, 1988 | 9 | | through June 30, 1988.
| 10 | | b. For the 12 month period ending on June 30, 1989, | 11 | | the
"benefit reserve for fund building" shall be the | 12 | | sum of:
| 13 | | i. 8/104ths of the total benefits paid from | 14 | | July 1,
1988 through December 31, 1988, plus
| 15 | | ii. 4/108ths of the total benefits paid from | 16 | | January
1, 1989 through June 30, 1989.
| 17 | | c. For the 12 month period ending on June 30, 1990, | 18 | | the
"benefit reserve for fund building" shall be | 19 | | 4/108ths of
the total benefits paid from July 1, 1989 | 20 | | through December 31, 1989.
| 21 | | d. For 1992 and for each calendar year thereafter, | 22 | | the
"benefit reserve for fund building" for the 12 | 23 | | month period
ending on June 30, 1991 and for each | 24 | | subsequent 12 month
period shall be zero.
| 25 | | 3. Notwithstanding the preceding provisions of this | 26 | | subsection,
for calendar years 1988 through 2003, the state |
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| 1 | | experience factor shall not
be increased or decreased
by | 2 | | more than 15 percent absolute.
| 3 | | D. Notwithstanding the provisions of subsection C, the
| 4 | | adjusted state experience factor:
| 5 | | 1. Shall be 111 percent for calendar year 1988;
| 6 | | 2. Shall not be less than 75 percent nor greater than
| 7 | | 135 percent for calendar years 1989 through 2003; and shall | 8 | | not
be less than 75% nor greater than 150% for calendar | 9 | | year 2004 and each
calendar year
thereafter, not counting | 10 | | any increase pursuant to subsection D-1, D-2, or D-3;
| 11 | | 3. Shall not be decreased by more than 5 percent | 12 | | absolute for any
calendar year, beginning in calendar year | 13 | | 1989 and through calendar year
1992, by more than 6% | 14 | | absolute for calendar years 1993
through 1995, by more than | 15 | | 10% absolute for calendar years
1999 through 2003 and by | 16 | | more than 12% absolute for calendar year 2004 and
each | 17 | | calendar year thereafter, from the adjusted state
| 18 | | experience factor of the calendar year preceding the | 19 | | calendar year for which
the adjusted state experience | 20 | | factor is being determined;
| 21 | | 4. Shall not be increased by more than 15% absolute for | 22 | | calendar year
1993, by more than 14% absolute for calendar | 23 | | years 1994 and
1995, by more than 10% absolute for calendar | 24 | | years 1999
through 2003 and by more than 16% absolute for | 25 | | calendar year 2004 and each
calendar
year
thereafter, from | 26 | | the adjusted state experience factor for the calendar year
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| 1 | | preceding the calendar year for which the adjusted state | 2 | | experience factor
is being determined;
| 3 | | 5. Shall be 100% for calendar years 1996, 1997, and | 4 | | 1998.
| 5 | | D-1. The adjusted state experience factor for each of | 6 | | calendar years 2013 through 2015 shall be increased by 5% | 7 | | absolute above the adjusted state experience factor as | 8 | | calculated without regard to this subsection. The adjusted | 9 | | state experience factor for each of calendar years 2016 through | 10 | | 2018 shall be increased by 6% absolute above the adjusted state | 11 | | experience factor as calculated without regard to this | 12 | | subsection. The increase in the adjusted state experience | 13 | | factor for calendar year 2018 pursuant to this subsection shall | 14 | | not be counted for purposes of applying paragraph 3 or 4 of | 15 | | subsection D to the calculation of the adjusted state | 16 | | experience factor for calendar year 2019. | 17 | | D-2. The adjusted state experience factor for calendar year | 18 | | 2016 shall be increased by 19% absolute above the adjusted | 19 | | state experience factor as calculated without regard to this | 20 | | subsection. The increase in the adjusted state experience | 21 | | factor for calendar year 2016 pursuant to this subsection shall | 22 | | not be counted for purposes of applying paragraph 3 or 4 of | 23 | | subsection D to the calculation of the adjusted state | 24 | | experience factor for calendar year 2017. | 25 | | D-3. The adjusted state experience factor for calendar year | 26 | | 2018 shall be increased by 19% absolute above the adjusted |
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| 1 | | state experience factor as calculated without regard to this | 2 | | subsection. The increase in the adjusted state experience | 3 | | factor for calendar year 2018 pursuant to this subsection shall | 4 | | not be counted for purposes of applying paragraph 3 or 4 of | 5 | | subsection D to the calculation of the adjusted state | 6 | | experience factor for calendar year 2019. | 7 | | E. The amount standing to the credit of this State's | 8 | | account in the
unemployment trust fund as of June 30 shall be | 9 | | deemed to include as part
thereof (a) any amount receivable on | 10 | | that date from any Federal
governmental agency, or as a payment | 11 | | in lieu of contributions under the
provisions of Sections 1403 | 12 | | and 1405 B and paragraph 2 of Section 302C,
in reimbursement of | 13 | | benefits paid to individuals, and (b) amounts
credited by the | 14 | | Secretary of the Treasury of the United States to this
State's | 15 | | account in the unemployment trust fund pursuant to Section 903
| 16 | | of the Federal Social Security Act, as amended, including any | 17 | | such
amounts which have been appropriated by the General | 18 | | Assembly in
accordance with the provisions of Section 2100 B | 19 | | for expenses of
administration, except any amounts which have | 20 | | been obligated on or
before that date pursuant to such | 21 | | appropriation.
| 22 | | (Source: P.A. 97-621, eff. 11-18-11.)
| 23 | | (820 ILCS 405/1506.1) (from Ch. 48, par. 576.1)
| 24 | | Sec. 1506.1. Determination of Employer's Contribution | 25 | | Rate.
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| 1 | | A. The contribution rate for any calendar year prior to | 2 | | 1991 1982 of each
employer whose contribution rate is | 3 | | determined as provided in Sections 1501 through 1507, | 4 | | inclusive, who has incurred liability for the payment of | 5 | | contributions within
each of the three calendar years | 6 | | immediately preceding the calendar year for
which a rate is | 7 | | being determined shall be determined in accordance with
the | 8 | | provisions of this Act as amended and in effect on November 18, | 9 | | 2011 October 5, 1980 .
| 10 | | B. (Blank). The contribution rate for calendar years 1982 | 11 | | and 1983 of
each employer who has incurred liability for the | 12 | | payment of contributions
within each of the three calendar | 13 | | years immediately preceding the calendar
year for which a rate | 14 | | is being determined shall be the product obtained by
| 15 | | multiplying the employer's benefit wage ratio for that calendar | 16 | | year by the
adjusted state experience factor for the same year, | 17 | | provided that:
| 18 | | 1. No employer's contribution rate shall be lower than | 19 | | two-tenths of
1 percent or higher than 5.3%; and
| 20 | | 2. Intermediate contribution rates between such | 21 | | minimum and maximum
rates shall be at one-tenth of 1 | 22 | | percent intervals.
| 23 | | 3. If the product obtained as provided in this | 24 | | subsection is not an
exact multiple of one-tenth of 1 | 25 | | percent, it shall be increased or
reduced, as the case may | 26 | | be, to the nearer multiple of one-tenth of 1
percent. If |
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| 1 | | such product is equally near to two multiples of one-tenth
| 2 | | of 1 percent, it shall be increased to the higher multiple | 3 | | of one-tenth
of 1 percent. If such product is less than | 4 | | two-tenths of one percent,
it shall be increased to | 5 | | two-tenths of 1 percent, and if greater than 5.3%,
it shall | 6 | | be reduced to 5.3%.
| 7 | | The contribution rate of each employer for whom wages | 8 | | became
benefit wages during the applicable period specified in | 9 | | Section 1503,
but who paid no contributions upon wages for | 10 | | insured work during such
period on or before the date | 11 | | designated in Section 1503, shall be 5.3%.
| 12 | | The contribution rate of each employer for whom no wages | 13 | | became
benefit wages during the applicable period specified in | 14 | | Section 1503,
and who paid no contributions upon wages for | 15 | | insured work during such
period on or before the date specified | 16 | | in Section 1503, shall be 2.7 percent.
| 17 | | Notwithstanding the other provisions of this Section, no | 18 | | employer's
contribution rate with respect to calendar years | 19 | | 1982 and
1983 shall exceed 2.7 percent of the wages for insured | 20 | | work paid
by him during any calendar quarter, if such wages | 21 | | paid during such
calendar quarter total less than $50,000.
| 22 | | C. (Blank). The contribution rate for calendar years 1984, | 23 | | 1985 and 1986 of each
employer who has incurred liability
for | 24 | | the payment of contributions within each of the two calendar | 25 | | years
immediately preceding the calendar year for which a rate | 26 | | is being determined
shall be the product obtained by |
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| 1 | | multiplying the employer's benefit wage
ratio for that calendar | 2 | | year by the adjusted state experience factor for
the same year, | 3 | | provided that:
| 4 | | 1. An employer's minimum contribution rate shall be the | 5 | | greater of: .2%;
or, the product obtained by multiplying | 6 | | .2% by the adjusted state experience
factor for the | 7 | | applicable calendar year.
| 8 | | 2. An employer's maximum contribution rate shall be the | 9 | | greater of 5.5%
or the product of 5.5% and the adjusted | 10 | | State experience factor for the
applicable calendar year | 11 | | except that such maximum contribution rate shall
not be | 12 | | higher than 6.3% for calendar year 1984, nor be higher than | 13 | | 6.6%
or lower than 6.4% for calendar year 1985, nor be | 14 | | higher than 6.7% or lower
than 6.5% for calendar year 1986.
| 15 | | 3. If any product obtained in this subsection is not an | 16 | | exact
multiple of one-tenth of one percent, it shall be | 17 | | increased or reduced,
as the case may be to the nearer | 18 | | multiple of one-tenth of one percent. If
such product is | 19 | | equally near to two multiples of one-tenth of one percent,
| 20 | | it shall be increased to the higher multiple of one-tenth | 21 | | of one percent.
| 22 | | 4. Intermediate rates between such minimum and maximum | 23 | | rates shall be
at one-tenth of one percent intervals.
| 24 | | The contribution rate of each employer for whom wages | 25 | | became benefit wages
during the applicable period specified in | 26 | | Section 1503, but who paid no
contributions upon wages for |
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| 1 | | insured work during such period on or before
the date | 2 | | designated in Section 1503, shall be the maximum contribution | 3 | | rate
as determined by paragraph 2 of this subsection. The | 4 | | contribution rate for
each employer for whom no wages became | 5 | | benefit wages during the applicable
period on or before the | 6 | | date specified in Section 1503, and who paid no
contributions | 7 | | upon wages for insured work during such period on or before
the | 8 | | date specified in Section 1503, shall be the greater of 2.7% or | 9 | | 2.7%
times the then current adjusted state experience factor as | 10 | | determined by
the Director in accordance with the provisions of | 11 | | Sections 1504 and 1505.
| 12 | | Notwithstanding, the other provisions of this Section, no | 13 | | employer's
contribution rate with respect to the calendar year | 14 | | 1984 shall exceed 2.7
percent times the then current adjusted | 15 | | state experience factor as
determined by the Director in | 16 | | accordance with the provisions of Sections
1504 and 1505 of the | 17 | | wages for insured work paid by him during any calendar
quarter, | 18 | | if such wages paid during such calendar quarter total less than
| 19 | | $50,000.
| 20 | | D. (Blank). The contribution rate for calendar years 1987, | 21 | | 1988, 1989 and 1990
of each employer who
has incurred liability | 22 | | for the payment of contributions within each of the
three | 23 | | calendar years immediately preceding the calendar year for | 24 | | which a
rate is being determined shall be the product obtained | 25 | | by multiplying the
employer's benefit wage ratio for that | 26 | | calendar year by the adjusted state
experience factor for the |
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| 1 | | same year, provided, that:
| 2 | | 1. An employer's minimum contribution rate shall be the | 3 | | greater of .2%
or the product obtained by multiplying .2% | 4 | | by the adjusted State
experience factor for the applicable | 5 | | calendar year.
| 6 | | 2. An employer's maximum contribution rate shall be the | 7 | | greater of 5.5%
or the product of 5.5% and the adjusted | 8 | | State experience factor for the
calendar year 1987 except | 9 | | that such maximum contribution rate shall not be
higher | 10 | | than 6.7% or lower than 6.5% and an employer's maximum
| 11 | | contribution rate for 1988, 1989 and 1990 shall be the | 12 | | greater of 6.4% or
the product of 6.4% and the adjusted | 13 | | State experience factor for the
applicable calendar year.
| 14 | | 3. If any product obtained in this subsection is not an | 15 | | exact multiple
of one-tenth of one percent, it shall be | 16 | | increased or reduced, as the case
may be to the nearer | 17 | | multiple of one-tenth of 1 percent. If such product
is | 18 | | equally near to two multiples of one-tenth of 1 percent, it | 19 | | shall be
increased to the higher multiple of one-tenth of 1 | 20 | | percent.
| 21 | | 4. Intermediate rates between such minimum and maximum | 22 | | rates shall be at
one-tenth of 1 percent intervals.
| 23 | | The contribution rate of each employer for whom wages | 24 | | became benefit
wages during the applicable period specified in | 25 | | Section 1503, but who did
not report wages for insured work | 26 | | during such period, shall be the maximum
contribution rate as |
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| 1 | | determined by paragraph 2 of this subsection. The
contribution | 2 | | rate for each employer for whom no wages became benefit wages
| 3 | | during the applicable period specified in Section 1503, and who | 4 | | did not
report wages for insured work during such period, shall | 5 | | be the greater of 2.7%
or 2.7% times the then current adjusted | 6 | | State experience factor as
determined by the Director in | 7 | | accordance with the provisions of Sections 1504 and 1505.
| 8 | | E.
The
contribution rate for calendar year 1991 and
each | 9 | | calendar year thereafter of each employer who has
incurred | 10 | | liability for the payment of contributions
within each of the | 11 | | three calendar years immediately
preceding the calendar year | 12 | | for which a rate is being
determined shall be the product | 13 | | obtained by multiplying
the employer's benefit ratio defined by | 14 | | Section 1503.1
for that calendar year by the adjusted state | 15 | | experience
factor for the same year, provided that:
| 16 | | 1. Except as otherwise provided in this paragraph, an | 17 | | employer's
minimum contribution rate shall be the greater | 18 | | of 0.2% or the
product obtained by multiplying 0.2% by the | 19 | | adjusted state
experience factor for the applicable
| 20 | | calendar year. An employer's minimum contribution rate | 21 | | shall be 0.1% for
calendar year 1996. An employer's minimum | 22 | | contribution rate shall be 0.0% for calendar years 2012 | 23 | | through 2019.
| 24 | | 2.
An
employer's maximum contribution rate shall be the | 25 | | greater of 6.4% or
the product of 6.4%
and the adjusted | 26 | | state experience factor for the applicable calendar year.
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| 1 | | 3. If any product obtained in this subsection is not
an | 2 | | exact multiple of one-tenth of one percent, it shall
be | 3 | | increased or reduced, as the case may be to the nearer
| 4 | | multiple of one-tenth of one percent. If such product
is | 5 | | equally near to two multiples of one-tenth of one percent,
| 6 | | it shall be increased to the higher multiple of one-tenth
| 7 | | of one percent.
| 8 | | 4. Intermediate rates between such minimum and maximum
| 9 | | rates shall be at one-tenth of one percent intervals.
| 10 | | The contribution rate of each employer for whom wages
| 11 | | became benefit wages during the applicable period specified
in | 12 | | Section 1503 or for whom benefit payments became
benefit | 13 | | charges during the applicable period specified
in Section | 14 | | 1503.1, but who did not report wages for
insured work during | 15 | | such period, shall be the maximum
contribution rate as | 16 | | determined by paragraph 2 of this
subsection.
The
contribution | 17 | | rate for each employer
for whom no wages became benefit wages | 18 | | during the applicable
period specified in Section 1503 or for | 19 | | whom no benefit
payments became benefit charges during the | 20 | | applicable
period specified in Section 1503.1, and who did not
| 21 | | report wages for insured work during such period, shall
be the | 22 | | greater of 2.7% or 2.7% times the then current
adjusted state | 23 | | experience factor as determined by the
Director in accordance | 24 | | with the provisions of Sections
1504 and 1505.
| 25 | | F. (Blank). Notwithstanding the other provisions of this | 26 | | Section, and pursuant to
Section 271 of the Tax Equity and |
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| 1 | | Fiscal Responsibility Act of 1982, as
amended, no employer's | 2 | | contribution rate with respect to calendar years
1985, 1986, | 3 | | 1987 and 1988 shall, for any calendar quarter during which the
| 4 | | wages paid by that employer are less than $50,000, exceed the | 5 | | following:
with respect to calendar year 1985, 3.7%; with | 6 | | respect to calendar year 1986,
4.1%; with respect to calendar | 7 | | year 1987, 4.5%; and with respect to
calendar year 1988, 5.0%.
| 8 | | G. Notwithstanding the other provisions of this Section, no | 9 | | employer's
contribution rate with respect to calendar year 1989 | 10 | | and each calendar year
thereafter shall exceed 5.4% of the | 11 | | wages for insured work paid by him
during any calendar quarter, | 12 | | if such wages paid during such calendar
quarter total less than | 13 | | $50,000, plus any applicable penalty contribution rate | 14 | | calculated pursuant to subsection C of Section 1507.1.
| 15 | | (Source: P.A. 97-621, eff. 11-18-11.)
| 16 | | (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3)
| 17 | | Sec. 1506.3. Fund building rates - Temporary | 18 | | Administrative Funding.
| 19 | | A. Notwithstanding any other provision of this Act, an | 20 | | employer's contribution rate for calendar years prior to 2004 | 21 | | shall be determined in accordance with the provisions of this | 22 | | Act as amended and in effect on November 18, 2011. The the | 23 | | following fund
building rates shall be in effect for the | 24 | | following calendar years:
| 25 | | For each employer whose contribution rate for 1988, 1989, |
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| 1 | | 1990, the
first, third, and fourth quarters of 1991, 1992, | 2 | | 1993, 1994, 1995,
and 1997 through 2003 would, in the
absence | 3 | | of this
Section, be 0.2% or higher, a contribution rate which | 4 | | is the sum of such rate
and a fund building rate of 0.4%;
| 5 | | For each employer whose contribution rate for the second | 6 | | quarter of
1991 would, in the absence of this Section, be 0.2% | 7 | | or higher, a
contribution rate which is the sum of such rate | 8 | | and 0.3%;
| 9 | | For each employer whose contribution rate for 1996 would, | 10 | | in the absence of
this Section, be 0.1% or higher, a | 11 | | contribution rate which is the sum of such
rate and 0.4%;
| 12 | | For each employer whose contribution rate for 2004 through | 13 | | 2009 would, in
the
absence
of this Section, be 0.2% or higher, | 14 | | a contribution rate which is the sum of
such rate and the
| 15 | | following: a fund building rate of 0.7% for 2004; a fund | 16 | | building rate of 0.9%
for 2005; a fund
building rate of 0.8% | 17 | | for 2006 and 2007; a fund building rate of 0.6% for 2008;
a | 18 | | fund building
rate of 0.4% for 2009.
| 19 | | Except as otherwise provided in this Section, for each | 20 | | employer whose contribution rate for 2010 and any calendar year
| 21 | | thereafter
is determined pursuant to Section 1500 or 1506.1, | 22 | | including but not limited to an employer whose contribution | 23 | | rate pursuant to Section 1506.1 is 0.0%, a contribution rate
| 24 | | which is the sum of the rate determined pursuant to Section | 25 | | 1500 or 1506.1
and a fund building rate equal to the sum of the | 26 | | rate adjustment
applicable to that year
pursuant to Section |
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| 1 | | 1400.1, plus the fund building rate in effect pursuant to
this | 2 | | Section for the
immediately preceding calendar year. | 3 | | For calendar year 2012 and any outstanding bond year | 4 | | thereafter, for each employer whose contribution rate is | 5 | | determined pursuant to Section 1500 or 1506.1, including but | 6 | | not limited to an employer whose contribution rate pursuant to | 7 | | Section 1506.1 is 0.0%, a contribution rate which is the sum of | 8 | | the rate determined pursuant to Section 1500 or 1506.1 and | 9 | | .55%. For purposes of this subsection, a calendar year is an | 10 | | outstanding bond year if, as of October 31 of the immediately | 11 | | preceding calendar year, there are bonds outstanding pursuant | 12 | | to the Illinois Unemployment Insurance Trust Fund Financing | 13 | | Act. | 14 | | Notwithstanding any provision to the
contrary, the fund
| 15 | | building rate in effect for any calendar year after calendar | 16 | | year 2009 shall
not be less than 0.4%
or greater than 0.55%.
| 17 | | Notwithstanding any other provision to the contrary, the fund | 18 | | building rate established pursuant to this Section shall not | 19 | | apply with respect to the first quarter of calendar year 2011. | 20 | | The changes made to Section 235 by this amendatory Act of the | 21 | | 97th General Assembly are intended to offset the loss of | 22 | | revenue to the State's account in the unemployment trust fund | 23 | | with respect to the first quarter of calendar year 2011 as a | 24 | | result of Section 1506.5 and the changes made to this Section | 25 | | by this amendatory Act of the 97th General Assembly.
| 26 | | Notwithstanding the preceding paragraphs of this Section
|
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| 1 | | or any other provision of this Act, except for the provisions
| 2 | | contained in Section 1500 pertaining to rates applicable
to | 3 | | employers classified under the Standard Industrial
Code,
or | 4 | | another classification system sanctioned by the United States | 5 | | Department
of Labor and prescribed by the Director by rule,
no | 6 | | employer whose total wages for insured work
paid by him during | 7 | | any calendar quarter in 1988 and
any calendar year thereafter | 8 | | are less than $50,000 shall
pay contributions at a rate with | 9 | | respect to such quarter
which exceeds the following: with | 10 | | respect to calendar year
1988, 5%; with respect to 1989 and any | 11 | | calendar year thereafter, 5.4%, plus any penalty contribution | 12 | | rate calculated pursuant to subsection C of Section 1507.1.
| 13 | | Notwithstanding the preceding paragraph of this Section, | 14 | | or any other
provision of this Act, no employer's contribution | 15 | | rate with respect to calendar
years 1993 through 1995 shall | 16 | | exceed 5.4% if the employer ceased operations at
an Illinois | 17 | | manufacturing facility in 1991 and remained closed at that | 18 | | facility
during all of 1992, and the employer in 1993 commits | 19 | | to invest at least
$5,000,000 for the purpose of resuming | 20 | | operations at that facility, and the
employer rehires during | 21 | | 1993 at least 250 of the individuals employed by it at
that | 22 | | facility during the one year period prior to the cessation of | 23 | | its
operations, provided that, within 30 days after the | 24 | | effective date of this
amendatory Act of 1993, the employer | 25 | | makes application to the Department to
have the provisions of | 26 | | this paragraph apply to it. The immediately preceding
sentence |
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| 1 | | shall be null and void with respect to an employer which by | 2 | | December
31, 1993 has not satisfied the rehiring requirement | 3 | | specified by this paragraph
or which by December 31, 1994 has | 4 | | not made the investment specified by this
paragraph. | 5 | | All payments attributable to the fund building rate | 6 | | established
pursuant to
this Section with
respect to the first | 7 | | quarter of calendar year 2013 and
any calendar quarter | 8 | | thereafter as of the close of which there are either bond
| 9 | | obligations
outstanding pursuant to the Illinois Unemployment | 10 | | Insurance Trust Fund
Financing Act, or bond
obligations | 11 | | anticipated to be outstanding as of either or both of the 2
| 12 | | immediately succeeding
calendar quarters, shall be directed | 13 | | for deposit into the Master Bond Fund. Notwithstanding any | 14 | | other provision of this subsection, no fund building rate shall | 15 | | be added to any penalty contribution rate assessed pursuant to | 16 | | subsection C of Section 1507.1.
| 17 | | B. (Blank). Notwithstanding any other provision of this | 18 | | Act, for the second
quarter of 1991, the contribution rate of | 19 | | each employer as determined in
accordance with Sections 1500, | 20 | | 1506.1, and subsection A of this Section
shall be equal to the | 21 | | sum of such rate and 0.1%; provided that this
subsection shall | 22 | | not apply to any employer whose rate computed under
Section | 23 | | 1506.1 for such quarter is between 5.1% and 5.3%, inclusive, | 24 | | and
who qualifies for the 5.4% rate ceiling imposed by the last | 25 | | paragraph of
subsection A for such quarter. All payments made | 26 | | pursuant to this
subsection shall be deposited in the |
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| 1 | | Employment Security Administrative
Fund established under | 2 | | Section 2103.1 and used for the administration of
this Act.
| 3 | | C. (Blank). Payments received by the Director which are | 4 | | insufficient to pay the
total contributions due under the Act | 5 | | shall be first applied to satisfy the
amount due pursuant to | 6 | | subsection B.
| 7 | | C-1. Payments received by the Department Director with | 8 | | respect to the first quarter
of
calendar year 2013
and any | 9 | | calendar quarter
thereafter as of the close of
which there are | 10 | | either bond obligations outstanding pursuant to the Illinois
| 11 | | Unemployment
Insurance Trust Fund Financing Act, or bond | 12 | | obligations anticipated to be
outstanding as of either or both | 13 | | of the 2 immediately succeeding calendar
quarters, shall, to | 14 | | the extent they are insufficient to pay the total
amount due | 15 | | under the Act with respect to the quarter, be first applied to
| 16 | | satisfy the amount due
with respect to that quarter and | 17 | | attributable to the fund building rate
established pursuant to | 18 | | this
Section. Notwithstanding any other provision to the | 19 | | contrary, with respect to
an employer whose
contribution rate | 20 | | with respect to a quarter subject to this subsection would
have | 21 | | exceeded 5.4%
but for the 5.4% rate ceiling imposed pursuant to | 22 | | subsection A, the amount due
from the
employer with respect to | 23 | | that quarter and attributable to the fund building
rate | 24 | | established
pursuant to subsection A shall equal the amount, if | 25 | | any, by which the amount
due and
attributable to the 5.4% rate | 26 | | exceeds the amount that would have been due and
attributable to |
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| 1 | | the
employer's rate determined pursuant to Sections 1500 and | 2 | | 1506.1, without regard
to the fund
building rate established | 3 | | pursuant to subsection A.
| 4 | | D. All provisions of this Act applicable to the collection | 5 | | or refund of
any contribution due under this Act shall be | 6 | | applicable to the collection or
refund of amounts due pursuant | 7 | | to subsection B and amounts directed pursuant
to this Section | 8 | | for deposit into the Master
Bond Fund to the extent
they would | 9 | | not otherwise be considered as contributions.
| 10 | | (Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11.)
| 11 | | (820 ILCS 405/1506.5) | 12 | | Sec. 1506.5. Surcharge; specified period. With respect to | 13 | | the first quarter of calendar year 2011, each employer shall | 14 | | pay a surcharge equal to 0.5% of the total wages for insured | 15 | | work subject to the payment of contributions under Sections | 16 | | 234, 235, and 245. The surcharge established by this Section | 17 | | shall be due at the same time as contributions with respect to | 18 | | the first quarter of calendar year 2011 are due, as provided in | 19 | | Section 1400. Notwithstanding any other provision to the | 20 | | contrary, with respect to an employer whose contribution rate | 21 | | with respect to the first quarter of calendar year 2011, | 22 | | calculated without regard to this amendatory Act of the 97th | 23 | | General Assembly, would have exceeded 5.4% but for the 5.4% | 24 | | rate ceiling imposed pursuant to subsection A of Section | 25 | | 1506.3, the amount due from the employer with respect to that |
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| 1 | | quarter and attributable to the surcharge established pursuant | 2 | | to this Section shall equal the amount, if any, by which the | 3 | | amount due and attributable to the 5.4% rate exceeds the amount | 4 | | that would have been due and attributable to the employer's | 5 | | rate determined pursuant to Sections 1500 and 1506.1. Payments | 6 | | received by the Department Director with respect to the first | 7 | | quarter of calendar year 2011 shall, to the extent they are | 8 | | insufficient to pay the total amount due under the Act with | 9 | | respect to the quarter, be first applied to satisfy the amount | 10 | | due with respect to that quarter and attributable to the | 11 | | surcharge established pursuant to this Section. All provisions | 12 | | of this Act applicable to the collection or refund of any | 13 | | contribution due under this Act shall be applicable to the | 14 | | collection or refund of amounts due pursuant to this Section. | 15 | | Interest shall accrue with respect to amounts due pursuant to | 16 | | this Section to the same extent and under the same terms and | 17 | | conditions as provided by Section 1401 with respect to | 18 | | contributions. The changes made to Section 235 by this | 19 | | amendatory Act of the 97th General Assembly are intended to | 20 | | offset the loss of revenue to the State's account in the | 21 | | unemployment trust fund with respect to the first quarter of | 22 | | calendar year 2011 as a result of this Section 1506.5 and the | 23 | | changes made to Section 1506.3 by this amendatory Act of the | 24 | | 97th General Assembly.
| 25 | | (Source: P.A. 97-1, eff. 3-31-11.)
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| 1 | | (820 ILCS 405/1801.1)
| 2 | | Sec. 1801.1. Directory of New Hires.
| 3 | | A. The Director shall establish and operate an automated | 4 | | directory of newly
hired employees which shall be known as the | 5 | | "Illinois Directory of New Hires"
which shall contain the | 6 | | information required to be reported by employers to the
| 7 | | Department under subsection B.
In the administration of the | 8 | | Directory, the Director
shall comply with any requirements | 9 | | concerning the Employer New Hire Reporting
Program established | 10 | | by the
federal Personal Responsibility and Work
Opportunity | 11 | | Reconciliation
Act of 1996. The Director is authorized to use | 12 | | the information contained in
the Directory of New Hires to | 13 | | administer any of the provisions of this Act.
| 14 | | B. Each employer in Illinois, except a department, agency, | 15 | | or
instrumentality of the United States, shall file with the | 16 | | Department a report
in accordance with rules adopted by the | 17 | | Department (but
in any event not later
than 20 days after the | 18 | | date the employer hires the employee or, in the case of
an | 19 | | employer transmitting reports magnetically or electronically, | 20 | | by 2 monthly
transmissions, if necessary, not less than 12 days | 21 | | nor more than 16 days apart)
providing
the following | 22 | | information concerning each newly hired employee: the
| 23 | | employee's name, address, and social security number, the date | 24 | | services for remuneration were first performed by the employee, | 25 | | and the employer's name,
address, Federal Employer | 26 | | Identification Number assigned under Section 6109 of
the |
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| 1 | | Internal Revenue Code of 1986, and such other information
as | 2 | | may be required by federal law or regulation,
provided that | 3 | | each employer may voluntarily file the address to which the | 4 | | employer wants income
withholding orders to be mailed, if it is | 5 | | different from the address given on
the Federal Employer | 6 | | Identification Number. An
employer in Illinois which transmits | 7 | | its reports electronically or
magnetically and which also has | 8 | | employees in another state may report all
newly hired employees | 9 | | to a single designated state in which the employer has
| 10 | | employees if it has so notified the Secretary of the United | 11 | | States Department
of Health and Human Services in writing.
An | 12 | | employer may, at its option, submit information regarding
any | 13 | | rehired employee in the same manner as information is submitted
| 14 | | regarding a newly hired employee.
Each report required under | 15 | | this
subsection shall, to the extent practicable, be made on an | 16 | | Internal Revenue Service Form W-4 or, at the
option of the | 17 | | employer, an equivalent form, and may be transmitted by first
| 18 | | class mail, by telefax, magnetically, or electronically.
| 19 | | C. An employer which knowingly fails to comply with the | 20 | | reporting
requirements established by this Section shall be | 21 | | subject to a civil penalty of
$15 for each individual whom it | 22 | | fails to report. An employer shall be
considered to have | 23 | | knowingly failed to comply with the reporting requirements
| 24 | | established by this Section with respect to an individual if | 25 | | the employer has
been notified by the Department that it has | 26 | | failed to report
an individual, and it fails, without |
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| 1 | | reasonable cause, to supply the
required information to the | 2 | | Department within 21 days after the date of
mailing of the | 3 | | notice.
Any individual who knowingly conspires with the newly | 4 | | hired
employee to cause the employer
to fail to report the | 5 | | information required by this Section or who knowingly
conspires | 6 | | with the newly hired employee to cause the employer to file a | 7 | | false
or incomplete report shall be guilty of a Class B | 8 | | misdemeanor with a fine not
to exceed $500 with respect to each | 9 | | employee with whom the individual so
conspires.
| 10 | | D. As used in this Section,
"newly hired employee" means an
| 11 | | individual who (i) is an employee within the meaning of Chapter | 12 | | 24 of the Internal
Revenue Code of 1986 , and (ii) either has | 13 | | not previously been employed by the employer or was previously | 14 | | employed by the employer but has been separated from that prior | 15 | | employment for at least 60 consecutive days whose reporting to | 16 | | work which results in earnings
from
the employer is the first | 17 | | instance within the preceding 180 days that the
individual has | 18 | | reported for work
for which earnings were received
from that | 19 | | employer ; however, "newly hired employee" does not
include
an | 20 | | employee of a federal or State agency performing intelligence | 21 | | or
counterintelligence functions, if the head of that agency | 22 | | has determined that
the filing of the report required by this | 23 | | Section with respect to the employee
could endanger the safety | 24 | | of
the employee
or compromise an ongoing investigation or
| 25 | | intelligence mission.
| 26 | | Notwithstanding Section 205, and for the purposes of this |
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| 1 | | Section only, the
term "employer" has the meaning given by | 2 | | Section 3401(d) of the Internal
Revenue Code of 1986 and | 3 | | includes any governmental entity and labor
organization as | 4 | | defined by Section 2(5) of the National Labor Relations Act,
| 5 | | and includes any entity (also known as a hiring hall) which is | 6 | | used by the
organization and an employer to carry out the | 7 | | requirements described in Section
8(f)(3) of that Act of an | 8 | | agreement between the organization and the
employer.
| 9 | | (Source: P.A. 97-621, eff. 11-18-11.)
| 10 | | (820 ILCS 405/2100) (from Ch. 48, par. 660)
| 11 | | Sec. 2100. Handling of funds - Bond - Accounts.
| 12 | | A. All contributions
and payments in lieu of contributions | 13 | | collected under this Act, including but
not limited to fund | 14 | | building receipts and receipts attributable to the surcharge | 15 | | established pursuant to Section 1506.5, together
with any | 16 | | interest thereon; all penalties collected pursuant to this Act; | 17 | | any
property or securities acquired through the use thereof; | 18 | | all moneys advanced
to this State's account in the unemployment | 19 | | trust fund pursuant to the
provisions
of Title XII of the | 20 | | Social Security Act, as amended; all moneys directed for
| 21 | | transfer from the Master Bond Fund or the Title XII Interest | 22 | | Fund to this State's account in the unemployment
trust fund;
| 23 | | all moneys received
from the Federal government as | 24 | | reimbursements pursuant to Section 204 of
the Federal-State | 25 | | Extended Unemployment Compensation Act of 1970, as amended;
all |
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| 1 | | moneys credited to this State's account in the unemployment | 2 | | trust fund
pursuant to Section 903 of the Federal Social | 3 | | Security Act, as amended;
all administrative fees collected | 4 | | from individuals pursuant to Section 900 or from employing | 5 | | units pursuant to Section 2206.1; and all earnings of such | 6 | | property or securities and any interest earned
upon any such | 7 | | moneys shall be paid or turned over to the Department and held | 8 | | by the Director,
as ex-officio custodian of
the clearing | 9 | | account, the unemployment trust fund account and the benefit
| 10 | | account, and by the State Treasurer, as ex-officio custodian of | 11 | | the special
administrative account, separate
and apart from all | 12 | | public moneys or funds of this State, as hereinafter
provided. | 13 | | Such moneys shall be administered by the Director exclusively
| 14 | | for the purposes of this Act.
| 15 | | No such moneys shall be paid or expended except upon the | 16 | | direction of the
Director in accordance with such regulations | 17 | | as he shall prescribe pursuant
to the provisions of this Act.
| 18 | | The State Treasurer shall be liable on his general official | 19 | | bond for the
faithful performance of his duties in connection | 20 | | with the moneys in the
special administrative account provided | 21 | | for under
this Act. Such liability on his official bond shall | 22 | | exist in addition to
the liability upon any separate bond given | 23 | | by him. All sums recovered for
losses sustained by the account | 24 | | shall be
deposited in that account.
| 25 | | The Director shall be liable on his general official bond | 26 | | for the faithful
performance of his duties in connection with |
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| 1 | | the moneys in the clearing
account, the benefit account and | 2 | | unemployment trust fund account provided
for under this Act. | 3 | | Such liability on his official bond shall exist in
addition to | 4 | | the liability upon any separate bond given by him. All sums
| 5 | | recovered for losses sustained by any one of the accounts shall | 6 | | be deposited
in the account that sustained such loss.
| 7 | | The Treasurer shall maintain for such moneys a special
| 8 | | administrative account. The Director shall
maintain for such | 9 | | moneys 3 separate accounts: a clearing account,
a benefit | 10 | | account , and an unemployment trust fund account. All moneys | 11 | | payable
under this Act (except moneys requisitioned from this | 12 | | State's account in
the unemployment trust fund and deposited in | 13 | | the benefit account and moneys directed for deposit into the | 14 | | Special Programs Fund provided for under Section 2107), | 15 | | including
but not limited to moneys directed for transfer from | 16 | | the Master
Bond Fund or the Title XII Interest Fund to this | 17 | | State's account in the unemployment trust fund,
upon
receipt | 18 | | thereof by the Director , shall be immediately deposited in the
| 19 | | clearing account;
provided, however, that, except as is | 20 | | otherwise provided in this Section,
interest and penalties | 21 | | shall not be deemed a part of the clearing account
but shall be | 22 | | transferred immediately upon clearance thereof to the special
| 23 | | administrative account; further provided that an amount not to | 24 | | exceed $90,000,000 in payments attributable to the surcharge | 25 | | established pursuant to Section 1506.5, including any interest | 26 | | thereon, shall not be deemed a part of the clearing account but |
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| 1 | | shall be transferred immediately upon clearance thereof to the | 2 | | Title XII Interest Fund.
| 3 | | After clearance thereof, all other moneys in the clearing | 4 | | account shall
be immediately deposited by the Director with the
| 5 | | Secretary of the Treasury of the United States of America to | 6 | | the credit
of the account of this State in the unemployment | 7 | | trust fund, established
and maintained pursuant to the Federal | 8 | | Social Security Act, as amended,
except fund building receipts, | 9 | | which shall be deposited into the Master Bond
Fund.
The benefit | 10 | | account shall consist of all moneys requisitioned from this
| 11 | | State's account in the unemployment trust fund. The moneys in | 12 | | the benefit
account shall be expended in accordance with | 13 | | regulations prescribed by the
Director and solely for the | 14 | | payment of benefits, refunds of contributions,
interest and | 15 | | penalties under the provisions of the Act, the payment of
| 16 | | health insurance in accordance with Section 410 of this Act, | 17 | | and the transfer
or payment of funds to any Federal or State | 18 | | agency pursuant to reciprocal
arrangements entered into by the | 19 | | Director under the provisions of Section
2700E, except that | 20 | | moneys credited to this State's account in the unemployment
| 21 | | trust fund pursuant to Section 903 of the Federal Social | 22 | | Security Act, as
amended, shall be used exclusively as provided | 23 | | in subsection B. For purposes
of this Section only, to the | 24 | | extent allowed by applicable legal
requirements, the
payment of | 25 | | benefits includes but is not limited to the payment of | 26 | | principal on
any bonds issued
pursuant to the Illinois |
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| 1 | | Unemployment Insurance Trust Fund Financing Act,
exclusive of | 2 | | any
interest or administrative expenses in connection with the | 3 | | bonds. The
Director
shall, from time to time, requisition from | 4 | | the unemployment trust fund such
amounts, not exceeding the | 5 | | amounts standing to the State's account therein,
as he deems | 6 | | necessary solely for the payment of such benefits, refunds,
and | 7 | | funds, for a reasonable future period. The Director, as | 8 | | ex-officio
custodian of the benefit account, which shall be | 9 | | kept separate and apart
from all other public moneys, shall | 10 | | issue payment of
such benefits, refunds, health insurance and | 11 | | funds solely from the moneys so
received
into the benefit | 12 | | account. However, after January 1, 1987, no payment shall
be | 13 | | drawn on such benefit account unless at the time of drawing | 14 | | there is
sufficient money in the account to make the payment. | 15 | | The Director shall
retain in the clearing account
an amount of | 16 | | interest and
penalties equal to the amount of
interest and | 17 | | penalties to be refunded from the benefit account. After
| 18 | | clearance thereof, the amount so retained shall be immediately | 19 | | deposited
by the Director, as are all other moneys in the | 20 | | clearing account,
with the Secretary of the Treasury of the | 21 | | United States. If, at any
time, an insufficient amount of | 22 | | interest and penalties is available for
retention in the | 23 | | clearing account, no refund of interest or penalties
shall be | 24 | | made from the benefit account until a sufficient amount is
| 25 | | available for retention and is so retained, or until the State
| 26 | | Treasurer, upon the direction of the Director, transfers to the |
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| 1 | | Director
a sufficient amount from the special administrative | 2 | | account, for
immediate deposit in the benefit account.
| 3 | | Any balance of moneys requisitioned from the unemployment | 4 | | trust fund
which remains unclaimed or unpaid in the benefit | 5 | | account
after the expiration of the period for which such sums | 6 | | were
requisitioned
shall either be deducted from estimates of | 7 | | and may be utilized for authorized
expenditures during | 8 | | succeeding periods, or, in the discretion of the
Director, | 9 | | shall be redeposited with the Secretary of the Treasury of the
| 10 | | United States to the credit of the State's account in the | 11 | | unemployment
trust fund.
| 12 | | Moneys in the clearing, benefit and special administrative | 13 | | accounts
shall not be commingled with other State funds but | 14 | | they shall be
deposited as required by law and maintained in | 15 | | separate accounts on the
books of a savings and loan | 16 | | association or bank.
| 17 | | No bank or savings and loan association shall receive | 18 | | public funds as
permitted by this Section, unless it has | 19 | | complied with the requirements
established pursuant to Section | 20 | | 6 of "An Act relating to certain investments
of public funds by | 21 | | public agencies", approved July 23, 1943, as now or
hereafter
| 22 | | amended.
| 23 | | B. Moneys credited to the account of this State in the | 24 | | unemployment
trust fund by the Secretary of the Treasury of the | 25 | | United States
pursuant to Section 903 of the Social Security | 26 | | Act may be
requisitioned from this State's account and used as |
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| 1 | | authorized by
Section 903. Any interest required to be paid on | 2 | | advances
under Title XII of the Social Security Act shall be | 3 | | paid in a timely manner
and shall not be paid, directly or | 4 | | indirectly, by an equivalent reduction
in contributions or | 5 | | payments in lieu of contributions from amounts in this
State's | 6 | | account in the unemployment trust fund. Such moneys may be
| 7 | | requisitioned and used for the payment of expenses incurred for | 8 | | the
administration of this Act, but only pursuant to a specific
| 9 | | appropriation by the General Assembly and only if the expenses | 10 | | are
incurred and the moneys are requisitioned after the | 11 | | enactment of an
appropriation law which:
| 12 | | 1. Specifies the purpose or purposes for which such | 13 | | moneys are
appropriated and the amount or amounts | 14 | | appropriated therefor;
| 15 | | 2. Limits the period within which such moneys may be | 16 | | obligated to a
period ending not more than 2 years after | 17 | | the date of the enactment of
the appropriation law; and
| 18 | | 3. Limits the amount which may be obligated during any | 19 | | fiscal year
to an amount which does not exceed the amount | 20 | | by which (a) the aggregate
of the amounts transferred to | 21 | | the account of this State
pursuant to Section
903 of the | 22 | | Social Security Act exceeds (b) the aggregate of the | 23 | | amounts used
by this State pursuant to
this Act and charged | 24 | | against the amounts transferred to the account of this
| 25 | | State.
| 26 | | For purposes of paragraph (3) above, amounts obligated for
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| 1 | | administrative purposes pursuant to an appropriation shall be | 2 | | chargeable
against transferred amounts at the exact time the | 3 | | obligation is entered
into. The appropriation, obligation, and | 4 | | expenditure or other disposition
of money appropriated under | 5 | | this subsection shall be accounted for in
accordance with | 6 | | standards established by the United States Secretary of Labor.
| 7 | | Moneys appropriated as provided herein for the payment of | 8 | | expenses of
administration shall be requisitioned by the | 9 | | Director as needed for the
payment of obligations incurred | 10 | | under such appropriation. Upon
requisition,
such moneys shall | 11 | | be deposited with the State Treasurer, who shall hold
such | 12 | | moneys, as ex-officio custodian thereof, in accordance with the
| 13 | | requirements of Section 2103 and, upon the direction of the | 14 | | Director,
shall make payments therefrom pursuant to such | 15 | | appropriation. Moneys so
deposited shall, until expended, | 16 | | remain a part of the unemployment trust
fund and, if any will | 17 | | not be expended, shall be returned promptly to the
account of | 18 | | this State in the unemployment trust fund.
| 19 | | C. The Governor is authorized to apply to the United States
| 20 | | Secretary of Labor for an advance or advances to this State's | 21 | | account in
the unemployment trust fund pursuant to the | 22 | | conditions set forth in
Title XII of the Federal Social | 23 | | Security Act, as amended. The amount of
any such advance may be | 24 | | repaid from this State's account in the
unemployment trust | 25 | | fund. | 26 | | D. The Director shall annually on or before the first day |
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| 1 | | of March report in writing to the Employment Security Advisory | 2 | | Board concerning the deposits into and expenditures from this | 3 | | State's account in the Unemployment Trust Fund.
| 4 | | (Source: P.A. 97-1, eff. 3-31-11; 97-621, eff. 11-18-11.)
| 5 | | (820 ILCS 405/2103) (from Ch. 48, par. 663)
| 6 | | Sec. 2103. Unemployment compensation administration and | 7 | | other workforce
development costs.
All moneys received by the | 8 | | State or by the Department Director from any source for the
| 9 | | financing of the cost of administration of this Act, including | 10 | | all federal
moneys allotted or apportioned to the State or to | 11 | | the Department Director for that
purpose, including moneys | 12 | | received directly or indirectly from the federal
government | 13 | | under the Job Training Partnership Act, and including moneys
| 14 | | received from the Railroad Retirement Board as compensation for | 15 | | services or
facilities supplied to said Board, or any moneys | 16 | | made available by this State
or its political subdivisions and | 17 | | matched by moneys granted to this State
pursuant to the | 18 | | provisions of the Wagner-Peyser Act, shall be received and
held | 19 | | by the State Treasurer as ex-officio custodian thereof, | 20 | | separate and
apart from all other State moneys, in the Title | 21 | | III Social Security and
Employment Fund, and such funds shall | 22 | | be distributed or expended upon the
direction of the Director | 23 | | and, except money received pursuant to the last
paragraph of | 24 | | Section 2100B, shall be distributed or expended solely for the
| 25 | | purposes and in the amounts found necessary by the Secretary of |
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| 1 | | Labor of the
United States of America, or other appropriate | 2 | | federal agency, for the
proper and efficient administration of | 3 | | this Act. Notwithstanding any
provision of this Section, all | 4 | | money requisitioned and deposited with the
State Treasurer | 5 | | pursuant to the last paragraph of Section 2100B shall
remain | 6 | | part of the unemployment trust fund and shall be used only in
| 7 | | accordance with the conditions specified in the last paragraph | 8 | | of Section
2100B.
| 9 | | If any moneys received from the Secretary of Labor, or | 10 | | other appropriate
federal agency, under Title III of the Social | 11 | | Security Act, or any moneys
granted to this State pursuant to | 12 | | the provisions of the Wagner-Peyser Act,
or any moneys made | 13 | | available by this State or its political subdivisions
and | 14 | | matched by moneys granted to this State pursuant to the | 15 | | provisions of
the Wagner-Peyser Act, are found by the Secretary | 16 | | of Labor, or other
appropriate Federal agency, because of any | 17 | | action or contingency, to have
been lost or expended for | 18 | | purposes other than, or in amounts in excess of,
those found | 19 | | necessary, by the Secretary of Labor, or other appropriate
| 20 | | Federal agency, for the proper administration of this Act, it | 21 | | is the policy
of this State that such moneys shall be replaced | 22 | | by moneys appropriated for
such purpose from the general funds | 23 | | of this State for expenditure as
provided in the first | 24 | | paragraph of this Section. The Director shall report
to the
| 25 | | Governor's Office of Management and Budget, in the same manner | 26 | | as is provided generally
for the submission by State |
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| 1 | | Departments of financial requirements for the
ensuing fiscal | 2 | | year, and the Governor shall include in his budget report to
| 3 | | the next regular session of the General Assembly, the amount | 4 | | required for
such replacement.
| 5 | | Moneys in the Title III Social Security and Employment Fund
| 6 | | shall not be commingled with other State funds, but they shall | 7 | | be deposited as
required by law and maintained in a separate | 8 | | account on the books of a savings
and loan association or bank.
| 9 | | The State Treasurer shall be liable on his general official | 10 | | bond for the
faithful performance of his duties as custodian of | 11 | | all moneys
in the Title III Social Security and Employment | 12 | | Fund. Such liability on his
official
bond shall exist in | 13 | | addition to the liability upon any separate bond given
by him. | 14 | | All sums recovered for losses sustained by the fund herein
| 15 | | described shall be deposited therein.
| 16 | | Upon the effective date of this amendatory Act of 1987 | 17 | | (January 1,
1988), the Comptroller shall transfer all | 18 | | unobligated funds from the Job
Training Fund into the Title III | 19 | | Social Security and Employment Fund.
| 20 | | On September 1, 2000, or as soon thereafter as may be | 21 | | reasonably
practicable, the State Comptroller shall transfer | 22 | | all unobligated moneys
from the Job Training Partnership Fund | 23 | | into the Title III Social Security and
Employment Fund. The | 24 | | moneys transferred pursuant to this amendatory Act may be
used | 25 | | or expended for purposes consistent with the conditions under | 26 | | which those
moneys were received by the State.
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| 1 | | Beginning on the effective date of this amendatory Act of | 2 | | the 91st General
Assembly, all moneys that would otherwise be | 3 | | deposited into the Job Training
Partnership Fund shall instead | 4 | | be deposited into the Title III Social Security
and Employment | 5 | | Fund, to be used for purposes consistent with the conditions
| 6 | | under which those moneys are received by the State, except that | 7 | | any moneys that
may be necessary to pay liabilities outstanding | 8 | | as of June 30, 2000 shall be
deposited into the Job Training | 9 | | Partnership Fund.
| 10 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 11 | | (820 ILCS 405/1503 rep.) | 12 | | Section 25. The Unemployment Insurance Act is amended by | 13 | | repealing Section 1503.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.
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