Full Text of SB2066 94th General Assembly
SB2066enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning employment.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Unemployment Insurance Act is amended by | 5 |
| changing Section 1300 as follows:
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| (820 ILCS 405/1300) (from Ch. 48, par. 540)
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| Sec. 1300. Waiver or transfer of benefit rights - Partial | 8 |
| exemption.
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| (A) Except as otherwise provided herein any agreement by an | 10 |
| individual
to waive, release or commute his rights under this | 11 |
| Act shall be void.
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| (B) Benefits due under this Act shall not be assigned, | 13 |
| pledged, encumbered,
released or commuted and shall be exempt | 14 |
| from all claims of creditors and
from levy, execution and | 15 |
| attachment or other remedy for recovery or
collection of a | 16 |
| debt. However, nothing in this Section shall prohibit a
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| specified or agreed upon deduction from benefits by an | 18 |
| individual, or a
court or administrative order for withholding | 19 |
| of income, for payment of
past due child support from being | 20 |
| enforced and collected by the Department
of Public Aid on | 21 |
| behalf of persons receiving a grant of financial aid under
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| Article IV of the Illinois Public Aid Code, persons for whom an | 23 |
| application
has been made and approved for child support | 24 |
| enforcement services under
Section 10-1 of such
Code, or | 25 |
| persons similarly situated and receiving like services
in other | 26 |
| states. It is provided that:
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| (1) The aforementioned deduction of benefits and order | 28 |
| for withholding
of income apply only if appropriate | 29 |
| arrangements have been made for
reimbursement to the | 30 |
| Director by the Department of Public Aid for any
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| administrative costs incurred by the Director under this | 32 |
| Section.
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| (2) The Director shall deduct and withhold from | 2 |
| benefits payable under
this Act, or under any arrangement | 3 |
| for the payment of benefits entered into
by the Director | 4 |
| pursuant to the powers granted under Section 2700 of this
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| Act, the amount specified or agreed upon. In the case of a | 6 |
| court
or administrative order for withholding of income, | 7 |
| the Director shall
withhold the amount of the order.
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| (3) Any amount deducted and withheld by the Director | 9 |
| shall be paid to
the Department of Public Aid or the State | 10 |
| Disbursement Unit established
under Section 10-26 of the | 11 |
| Illinois Public Aid Code, as directed by the
Department of | 12 |
| Public Aid, on behalf of the individual.
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| (4) Any amount deducted and withheld under subsection | 14 |
| (3) shall for all
purposes be treated as if it were paid to | 15 |
| the individual as benefits and
paid by such individual to | 16 |
| the Department of Public Aid or the State
Disbursement Unit | 17 |
| in satisfaction of the individual's child support
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| obligations.
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| (5) For the purpose of this Section, child support is | 20 |
| defined
as those obligations which are being enforced | 21 |
| pursuant to a plan described
in Title IV, Part D, Section | 22 |
| 454 of the Social Security Act and approved
by the | 23 |
| Secretary of Health and Human Services.
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| (6) The deduction of benefits and order for withholding | 25 |
| of income for
child support shall be governed by Titles III | 26 |
| and IV of the Social Security
Act and all regulations duly | 27 |
| promulgated thereunder.
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| (C) Nothing in this Section prohibits an individual from | 29 |
| voluntarily
electing to have federal income tax deducted and | 30 |
| withheld from his or her
unemployment insurance benefit | 31 |
| payments.
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| (1) The Director shall, at the time that an individual | 33 |
| files his or her
claim for benefits that establishes his or | 34 |
| her benefit year, inform the
individual that:
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| (a) unemployment insurance is subject to federal, | 36 |
| State, and local
income
taxes;
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| (b) requirements exist pertaining to estimated tax | 2 |
| payments;
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| (c) the individual may elect to have federal income | 4 |
| tax deducted and
withheld from his or her payments of | 5 |
| unemployment insurance in the amount
specified in the | 6 |
| federal Internal Revenue Code; and
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| (d) the individual is permitted to change a | 8 |
| previously elected
withholding status.
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| (2) Amounts deducted and withheld from unemployment | 10 |
| insurance shall remain
in the unemployment fund until | 11 |
| transferred to the federal taxing authority as a
payment of | 12 |
| income tax.
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| (3) The Director shall follow all procedures specified | 14 |
| by the United
States Department of Labor and the federal | 15 |
| Internal Revenue Service pertaining
to the deducting and | 16 |
| withholding of income tax.
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| (4) Amounts shall be deducted and withheld in | 18 |
| accordance with the
priorities established in rules | 19 |
| promulgated by the Director.
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| (D) Nothing in this Section prohibits an individual from | 21 |
| voluntarily
electing to have State of Illinois income tax | 22 |
| deducted and withheld from his or
her unemployment insurance | 23 |
| benefit payments if such deduction and withholding
is provided | 24 |
| for pursuant to rules promulgated by the Director .
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| (1) The
If pursuant to rules promulgated by the | 26 |
| Director, an individual
may voluntarily elect to have State | 27 |
| of Illinois income tax deducted and
withheld from his or | 28 |
| her unemployment insurance benefit payments, the Director
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| shall, at the time that an individual files his or her | 30 |
| claim for benefits that
establishes his or her benefit | 31 |
| year, in addition to providing the notice
required under | 32 |
| subsection C, inform the individual that:
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| (a) the individual may elect to have State of | 34 |
| Illinois income tax
deducted and withheld from his or | 35 |
| her payments of unemployment insurance in the
amount | 36 |
| specified pursuant to rules promulgated by the |
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| Director ; and
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| (b) the individual is permitted to change a | 3 |
| previously elected
withholding status.
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| (2) Amounts deducted and withheld from unemployment | 5 |
| insurance shall remain
in the unemployment fund until | 6 |
| transferred to the Department of Revenue as a
payment of | 7 |
| State of Illinois income tax.
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| (3) Amounts shall be deducted and withheld in | 9 |
| accordance with the
priorities established in rules | 10 |
| promulgated by the Director.
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| (E) Nothing in this Section prohibits the deduction and | 12 |
| withholding of an
uncollected overissuance of food stamp | 13 |
| coupons from unemployment insurance
benefits pursuant to this | 14 |
| subsection (E).
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| (1) At the time that an individual files a claim for | 16 |
| benefits that
establishes his or her benefit year, that | 17 |
| individual must disclose whether or
not he or she owes an | 18 |
| uncollected overissuance (as defined in Section 13(c)(1)
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| of the federal Food Stamp Act of 1977) of food stamp | 20 |
| coupons. The Director
shall notify the State food stamp | 21 |
| agency enforcing such obligation of any
individual who | 22 |
| discloses that he or she owes an uncollected overissuance | 23 |
| of
food stamp coupons and who meets the monetary | 24 |
| eligibility requirements of
subsection E of
Section 500.
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| (2) The Director shall deduct and withhold from any | 26 |
| unemployment insurance
benefits payable to an individual | 27 |
| who owes an uncollected overissuance of food
stamp coupons:
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| (a) the amount specified by the individual to the | 29 |
| Director to be
deducted and withheld under this | 30 |
| subsection (E);
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| (b) the amount (if any) determined pursuant to an | 32 |
| agreement submitted
to the State food stamp agency | 33 |
| under Section 13(c)(3)(A) of the federal Food
Stamp Act | 34 |
| of 1977; or
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| (c) any amount otherwise required to be deducted | 36 |
| and withheld from
unemployment insurance benefits |
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| pursuant to Section 13(c)(3)(B) of the federal
Food | 2 |
| Stamp Act of 1977.
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| (3) Any amount deducted and withheld pursuant to this | 4 |
| subsection (E) shall
be paid by the Director to the State | 5 |
| food stamp agency.
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| (4) Any amount deducted and withheld pursuant to this | 7 |
| subsection (E) shall
for all purposes be treated as if it | 8 |
| were paid to the individual as
unemployment insurance | 9 |
| benefits and paid by the individual to the State food
stamp | 10 |
| agency as repayment of the individual's uncollected | 11 |
| overissuance of food
stamp coupons.
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| (5) For purposes of this subsection (E), "unemployment | 13 |
| insurance benefits"
means any compensation payable under | 14 |
| this Act including amounts payable by the
Director pursuant | 15 |
| to an agreement under any federal law providing for
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| compensation, assistance, or allowances with respect to | 17 |
| unemployment.
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| (6) This subsection (E) applies only if arrangements | 19 |
| have been made for
reimbursement by the State food stamp | 20 |
| agency for the administrative costs
incurred by the | 21 |
| Director under this subsection (E) which are attributable | 22 |
| to
the repayment of uncollected overissuances of food stamp | 23 |
| coupons to the State
food stamp agency.
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| (Source: P.A. 91-212, eff. 7-20-99; 91-712, eff. 7-1-00; | 25 |
| 92-590, eff.
7-1-02.)
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