Illinois General Assembly - Illinois Compiled Statutes

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215 ILCS 113/25

(215 ILCS 113/25)

Sec. 25. Record keeping and reporting requirement.

(a) A lessor shall maintain accounting and employment records relating to
all employee leasing arrangements for a minimum of 4 calendar years.  A lessor
shall maintain the address of each office it maintains in this State, at its
principal place of business.

(b) A lessor shall maintain sufficient information in a manner consistent
with a licensed rating organization's data submission requirements to permit
the rating organization licensed under Section 459 of the Illinois Insurance
Code to calculate an experience modification factor for the lessee.

(c) Upon written request of a lessee with an annual payroll attributed to it
in excess of $200,000, the lessor shall provide the lessee's experience
modification factor to the lessee within 30 days of the request.

(d) Upon request of a lessee with an annual payroll attributed to it of less
than $200,000, the lessor shall provide the loss information required to be
maintained
by this Section to the lessee within 30 days of the request.

(e) Nothing in this Section shall preclude a licensed rating organization
from calculating the experience modification factor for each lessee nor an
insurer from maintaining and furnishing on behalf of the lessor, such
information as required by this Section.

(f) In the event that a lessee's experience modification factor
exceeds the
lessor's experience modification factor by 50% at the inception of the employee
leasing arrangement, the lessee's experience
modification factor shall be utilized to calculate the premium or costs charged
to the lessee for workers' compensation coverage for a period of 2 years.
Thereafter, the premium charged by the insurer for
inclusion of a
lessee under a lessor's policy may be calculated on the basis of the lessor's
experience modification factor.

(g) A lessor that does not provide workers' compensation insurance coverage for leased employees of a lessee under an employee leasing arrangement shall not be subject to compliance with subsections (b) through (f) of this Section.

(Source: P.A. 99-726, eff. 1-1-17.)