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91_HB2654ham001
LRB9102422WHdvam02
1 AMENDMENT TO HOUSE BILL 2654
2 AMENDMENT NO. . Amend House Bill 2654 on page 1,
3 lines 2 and 6, by changing "Section 901" each time it appears
4 to "Sections 235, 401, 901, 1500, 1506.3, 1507, 1900, and
5 2100"; and
6 on page 1, by inserting after line 6 the following:
7 "(820 ILCS 405/235) (from Ch. 48, par. 345)
8 Sec. 235. The term "wages" does not include:
9 A. That part of the remuneration which, after
10 remuneration equal to $6,000 with respect to employment has
11 been paid to an individual by an employer during any calendar
12 year after 1977 and before 1980, is paid to such individual
13 by such employer during such calendar year; and that part of
14 the remuneration which, after remuneration equal to $6,500
15 with respect to employment has been paid to an individual by
16 an employer during each calendar year 1980 and 1981, is paid
17 to such individual by such employer during that calendar
18 year; and that part of the remuneration which, after
19 remuneration equal to $7,000 with respect to employment has
20 been paid to an individual by an employer during the calendar
21 year 1982 is paid to such individual by such employer during
22 that calendar year.
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1 With respect to the first calendar quarter of 1983, the
2 term "wages" shall include only the remuneration paid to an
3 individual by an employer during such quarter with respect to
4 employment which does not exceed $7,000. With respect to the
5 three calendar quarters, beginning April 1, 1983, the term
6 "wages" shall include only the remuneration paid to an
7 individual by an employer during such period with respect to
8 employment which when added to the "wages" (as defined in the
9 preceding sentence) paid to such individual by such employer
10 during the first calendar quarter of 1983, does not exceed
11 $8,000.
12 With respect to the calendar year 1984, the term "wages"
13 shall include only the remuneration paid to an individual by
14 an employer during that period with respect to employment
15 which does not exceed $8,000; with respect to calendar years
16 1985, 1986 and 1987, the term "wages" shall include only the
17 remuneration paid to such individual by such employer during
18 that calendar year with respect to employment which does not
19 exceed $8,500.
20 With respect to the calendar years 1988 through 2003 1999
21 2001 and each calendar year
22 thereafter, the term "wages" shall include only the
23 remuneration paid to an individual by an employer during that
24 period with respect to employment which does not exceed
25 $9,000.
26 With respect to the calendar year 2004 2000, the term
27 "wages" shall include only the remuneration paid to an
28 individual by an employer during that period with respect to
29 employment which does not exceed $10,000. The remuneration
30 paid to an individual by an employer with respect to
31 employment in another State or States, upon which
32 contributions were required of such employer under an
33 unemployment compensation law of such other State or States,
34 shall be included as a part of the remuneration equal to
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1 $6,000, $6,500, $7,000, $8,000, $8,500, $9,000, or $10,000,
2 as the case may be, herein referred to. For the purposes of
3 this subsection, any employing unit which succeeds to the
4 organization, trade, or business, or to substantially all of
5 the assets of another employing unit, or to the organization,
6 trade, or business, or to substantially all of the assets of
7 a distinct severable portion of another employing unit, shall
8 be treated as a single unit with its predecessor for the
9 calendar year in which such succession occurs, and any
10 employing unit which is owned or controlled by the same
11 interests which own or control another employing unit shall
12 be treated as a single unit with the unit so owned or
13 controlled by such interests for any calendar year throughout
14 which such ownership or control exists. This subsection
15 applies only to Sections 1400, 1405A, and 1500.
16 B. The amount of any payment (including any amount paid
17 by an employer for insurance or annuities, or into a fund, to
18 provide for any such payment), made to, or on behalf of, an
19 individual or any of his dependents under a plan or system
20 established by an employer which makes provision generally
21 for individuals performing services for him (or for such
22 individuals generally and their dependents) or for a class or
23 classes of such individuals (or for a class or classes of
24 such individuals and their dependents), on account of (1)
25 sickness or accident disability (except those sickness or
26 accident disability payments which would be includable as
27 "wages" in Section 3306(b)(2)(A) of the Federal Internal
28 Revenue Code of 1954, in effect on January 1, 1985, such
29 includable payments to be attributable in such manner as
30 provided by Section 3306(b) of the Federal Internal Revenue
31 Code of 1954, in effect on January 1, 1985), or (2) medical
32 or hospitalization expenses in connection with sickness or
33 accident disability, or (3) death.
34 C. Any payment made to, or on behalf of, an employee or
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1 his beneficiary which would be excluded from "wages" by
2 subparagraph (A), (B), (C), (D), (E), (F) or (G), of Section
3 3306(b)(5) of the Federal Internal Revenue Code of 1954, in
4 effect on January 1, 1985.
5 D. The amount of any payment on account of sickness or
6 accident disability, or medical or hospitalization expenses
7 in connection with sickness or accident disability, made by
8 an employer to, or on behalf of, an individual performing
9 services for him after the expiration of six calendar months
10 following the last calendar month in which the individual
11 performed services for such employer.
12 E. Remuneration paid in any medium other than cash by an
13 employing unit to an individual for service in agricultural
14 labor as defined in Section 214.
15 F. The amount of any supplemental payment made by an
16 employer to an individual performing services for him, other
17 than remuneration for services performed, under a shared work
18 plan approved by the Director pursuant to Section 407.1.
19 (Source: P.A. 89-633, eff. 1-1-97; 90-554, eff. 12-12-97.)
20 (820 ILCS 405/401) (from Ch. 48, par. 401)
21 Sec. 401. Weekly Benefit Amount - Dependents'
22 Allowances.
23 A. With respect to any week beginning prior to April 24,
24 1983, an individual's weekly benefit amount shall be an
25 amount equal to the weekly benefit amount as defined in this
26 Act as in effect on November 30, 1982.
27 B. 1. With respect to any week beginning on or after
28 April 24, 1983 and before January 3, 1988, an individual's
29 weekly benefit amount shall be 48% of his prior average
30 weekly wage, rounded (if not already a multiple of one
31 dollar) to the next higher dollar; provided, however, that
32 the weekly benefit amount cannot exceed the maximum weekly
33 benefit amount, and cannot be less than 15% of the statewide
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1 average weekly wage, rounded (if not already a multiple of
2 one dollar) to the next higher dollar. However, the weekly
3 benefit amount for an individual who has established a
4 benefit year beginning before April 24, 1983, shall be
5 determined, for weeks beginning on or after April 24, 1983
6 claimed with respect to that benefit year, as provided under
7 this Act as in effect on November 30, 1982. With respect to
8 any week beginning on or after January 3, 1988 and before
9 January 1, 1993, an individual's weekly benefit amount shall
10 be 49% of his prior average weekly wage, rounded (if not
11 already a multiple of one dollar) to the next higher dollar;
12 provided, however, that the weekly benefit amount cannot
13 exceed the maximum weekly benefit amount, and cannot be less
14 than $51. With respect to any week beginning on or after
15 January 3, 1993, an individual's weekly benefit amount shall
16 be 49.5% of his prior average weekly wage, rounded (if not
17 already a multiple of one dollar) to the next higher dollar;
18 provided, however, that the weekly benefit amount cannot
19 exceed the maximum weekly benefit amount and cannot be less
20 than $51.
21 2. For the purposes of this subsection:
22 With respect to any week beginning on or after April 24,
23 1983, an individual's "prior average weekly wage" means the
24 total wages for insured work paid to that individual during
25 the 2 calendar quarters of his base period in which such
26 total wages were highest, divided by 26. If the quotient is
27 not already a multiple of one dollar, it shall be rounded to
28 the nearest dollar; however if the quotient is equally near 2
29 multiples of one dollar, it shall be rounded to the higher
30 multiple of one dollar.
31 "Determination date" means June 1, 1982, December 1, 1982
32 and December 1 of each succeeding calendar year thereafter.
33 However, if as of June 30, 1982, or any June 30 thereafter,
34 the net amount standing to the credit of this State's account
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1 in the unemployment trust fund (less all outstanding advances
2 to that account, including advances pursuant to Title XII of
3 the federal Social Security Act) is greater than
4 $100,000,000, "determination date" shall mean December 1 of
5 that year and June 1 of the succeeding year. Notwithstanding
6 the preceding sentence, for the purposes of this Act only,
7 there shall be no June 1 determination date in any year after
8 1986.
9 "Determination period" means, with respect to each June 1
10 determination date, the 12 consecutive calendar months ending
11 on the immediately preceding December 31 and, with respect to
12 each December 1 determination date, the 12 consecutive
13 calendar months ending on the immediately preceding June 30.
14 "Benefit period" means the 12 consecutive calendar month
15 period beginning on the first day of the first calendar month
16 immediately following a determination date, except that, with
17 respect to any calendar year in which there is a June 1
18 determination date, "benefit period" shall mean the 6
19 consecutive calendar month period beginning on the first day
20 of the first calendar month immediately following the
21 preceding December 1 determination date and the 6 consecutive
22 calendar month period beginning on the first day of the first
23 calendar month immediately following the June 1 determination
24 date. Notwithstanding the foregoing sentence, the 6 calendar
25 months beginning January 1, 1982 and ending June 30, 1982
26 shall be deemed a benefit period with respect to which the
27 determination date shall be June 1, 1981.
28 "Gross wages" means all the wages paid to individuals
29 during the determination period immediately preceding a
30 determination date for insured work, and reported to the
31 Director by employers prior to the first day of the third
32 calendar month preceding that date.
33 "Covered employment" for any calendar month means the
34 total number of individuals, as determined by the Director,
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1 engaged in insured work at mid-month.
2 "Average monthly covered employment" means one-twelfth of
3 the sum of the covered employment for the 12 months of a
4 determination period.
5 "Statewide average annual wage" means the quotient,
6 obtained by dividing gross wages by average monthly covered
7 employment for the same determination period, rounded (if not
8 already a multiple of one cent) to the nearest cent.
9 "Statewide average weekly wage" means the quotient,
10 obtained by dividing the statewide average annual wage by 52,
11 rounded (if not already a multiple of one cent) to the
12 nearest cent. Notwithstanding any provisions of this Section
13 to the contrary, the statewide average weekly wage for the
14 benefit period beginning July 1, 1982 and ending December 31,
15 1982 shall be the statewide average weekly wage in effect for
16 the immediately preceding benefit period plus one-half of the
17 result obtained by subtracting the statewide average weekly
18 wage for the immediately preceding benefit period from the
19 statewide average weekly wage for the benefit period
20 beginning July 1, 1982 and ending December 31, 1982 as such
21 statewide average weekly wage would have been determined but
22 for the provisions of this paragraph. Notwithstanding any
23 provisions of this Section to the contrary, the statewide
24 average weekly wage for the benefit period beginning April
25 24, 1983 and ending January 31, 1984 shall be $321 and for
26 the benefit period beginning February 1, 1984 and ending
27 December 31, 1986 shall be $335, and for the benefit period
28 beginning January 1, 1987, and ending December 31, 1987,
29 shall be $350, except that for an individual who has
30 established a benefit year beginning before April 24, 1983,
31 the statewide average weekly wage used in determining
32 benefits, for any week beginning on or after April 24, 1983,
33 claimed with respect to that benefit year, shall be $334.80,
34 except that, for the purpose of determining the minimum
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1 weekly benefit amount under subsection B(1) for the benefit
2 period beginning January 1, 1987, and ending December 31,
3 1987, the statewide average weekly wage shall be $335; for
4 the benefit periods January 1, 1988 through December 31,
5 1988, January 1, 1989 through December 31, 1989, and January
6 1, 1990 through December 31, 1990, the statewide average
7 weekly wage shall be $359, $381, and $406, respectively.
8 Notwithstanding the preceding sentences of this paragraph,
9 for the benefit period of calendar year 1991, the statewide
10 average weekly wage shall be $406 plus (or minus) an amount
11 equal to the percentage change in the statewide average
12 weekly wage, as computed in accordance with the preceding
13 sentences of this paragraph, between the benefit periods of
14 calendar years 1989 and 1990, multiplied by $406; and, for
15 the benefit periods of calendar years 1992 through 2003 1999
16 and calendar year 2005 2001 and each calendar year
17 thereafter, the statewide average weekly wage, shall be the
18 statewide average weekly wage, as determined in accordance
19 with this sentence, for the immediately preceding benefit
20 period plus (or minus) an amount equal to the percentage
21 change in the statewide average weekly wage, as computed in
22 accordance with the preceding sentences of this paragraph,
23 between the 2 immediately preceding benefit periods,
24 multiplied by the statewide average weekly wage, as
25 determined in accordance with this sentence, for the
26 immediately preceding benefit period. For the benefit period
27 of 2004 2000, the statewide average weekly wage shall be $600
28 $524. Provided however, that for any benefit period after
29 December 31, 1990, if 2 of the following 3 factors occur,
30 then the statewide average weekly wage shall be the statewide
31 average weekly wage in effect for the immediately preceding
32 benefit period: (a) the average contribution rate for all
33 employers in this State for the calendar year 2 years prior
34 to the benefit period, as a ratio of total contribution
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1 payments (including payments in lieu of contributions) to
2 total wages reported by employers in this State for that same
3 period is 0.2% greater than the national average of this
4 ratio, the foregoing to be determined in accordance with
5 rules promulgated by the Director; (b) the balance in this
6 State's account in the unemployment trust fund, as of March
7 31 of the prior calendar year, is less than $250,000,000; or
8 (c) the number of first payments of initial claims, as
9 determined in accordance with rules promulgated by the
10 Director, for the one year period ending on June 30 of the
11 prior year, has increased more than 25% over the average
12 number of such payments during the 5 year period ending that
13 same June 30; and provided further that if (a), (b) and (c)
14 occur, then the statewide average weekly wage, as determined
15 in accordance with the preceding sentence, shall be 10% less
16 than it would have been but for these provisions. If the
17 reduced amount, computed in accordance with the preceding
18 sentence, is not already a multiple of one dollar, it shall
19 be rounded to the nearest dollar. The 10% reduction in the
20 statewide average weekly wage in the preceding sentence shall
21 not be in effect for more than 2 benefit periods of any 5
22 consecutive benefit periods. This 10% reduction shall not be
23 cumulative from year to year. Neither the freeze nor the
24 reduction shall be considered in the determination of
25 subsequent years' calculations of statewide average weekly
26 wage. However, for purposes of the Workers' Compensation Act,
27 the statewide average weekly wage will be computed using June
28 1 and December 1 determination dates of each calendar year
29 and such determination shall not be subject to the limitation
30 of $321, $335, $350, $359, $381, $406 or the statewide
31 average weekly wage as computed in accordance with the
32 preceding 7 sentences of this paragraph.
33 With respect to any week beginning on or after April 24,
34 1983 and before January 3, 1988, "maximum weekly benefit
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1 amount" means 48% of the statewide average weekly wage,
2 rounded (if not already a multiple of one dollar) to the
3 nearest dollar, provided however, that the maximum weekly
4 benefit amount for an individual who has established a
5 benefit year beginning before April 24, 1983, shall be
6 determined, for weeks beginning on or after April 24, 1983
7 claimed with respect to that benefit year, as provided under
8 this Act as amended and in effect on November 30, 1982,
9 except that the statewide average weekly wage used in such
10 determination shall be $334.80.
11 With respect to any week beginning after January 2, 1988
12 and before January 1, 1993, "maximum weekly benefit amount"
13 with respect to each week beginning within a benefit period
14 means 49% of the statewide average weekly wage, rounded (if
15 not already a multiple of one dollar) to the next higher
16 dollar.
17 With respect to any week beginning on or after January 3,
18 1993, "maximum weekly benefit amount" with respect to each
19 week beginning within a benefit period means 49.5% of the
20 statewide average weekly wage, rounded (if not already a
21 multiple of one dollar) to the next higher dollar.
22 C. With respect to any week beginning on or after April
23 24, 1983 and before January 3, 1988, an individual to whom
24 benefits are payable with respect to any week shall, in
25 addition to such benefits, be paid, with respect to such
26 week, as follows: in the case of an individual with a
27 nonworking spouse, 7% of his prior average weekly wage,
28 rounded (if not already a multiple of one dollar) to the
29 higher dollar; provided, that the total amount payable to the
30 individual with respect to a week shall not exceed 55% of the
31 statewide average weekly wage, rounded (if not already a
32 multiple of one dollar) to the nearest dollar; and in the
33 case of an individual with a dependent child or dependent
34 children, 14.4% of his prior average weekly wage, rounded (if
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1 not already a multiple of one dollar) to the higher dollar;
2 provided, that the total amount payable to the individual
3 with respect to a week shall not exceed 62.4% of the
4 statewide average weekly wage, rounded (if not already a
5 multiple of one dollar) to the next higher dollar with
6 respect to the benefit period beginning January 1, 1987 and
7 ending December 31, 1987, and otherwise to the nearest
8 dollar. However, for an individual with a nonworking spouse
9 or with a dependent child or children who has established a
10 benefit year beginning before April 24, 1983, the amount of
11 additional benefits payable on account of the nonworking
12 spouse or dependent child or children shall be determined,
13 for weeks beginning on or after April 24, 1983 claimed with
14 respect to that benefit year, as provided under this Act as
15 in effect on November 30, 1982, except that the statewide
16 average weekly wage used in such determination shall be
17 $334.80.
18 With respect to any week beginning on or after January 2,
19 1988 and before January 1, 1991 and any week beginning on or
20 after January 1, 1992, and before January 1, 1993, an
21 individual to whom benefits are payable with respect to any
22 week shall, in addition to those benefits, be paid, with
23 respect to such week, as follows: in the case of an
24 individual with a nonworking spouse, 8% of his prior average
25 weekly wage, rounded (if not already a multiple of one
26 dollar) to the next higher dollar, provided, that the total
27 amount payable to the individual with respect to a week
28 shall not exceed 57% of the statewide average weekly wage,
29 rounded (if not already a multiple of one dollar) to the next
30 higher dollar; and in the case of an individual with a
31 dependent child or dependent children, 15% of his prior
32 average weekly wage, rounded (if not already a multiple of
33 one dollar) to the next higher dollar, provided that the
34 total amount payable to the individual with respect to a week
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1 shall not exceed 64% of the statewide average weekly wage,
2 rounded (if not already a multiple of one dollar) to the next
3 higher dollar.
4 With respect to any week beginning on or after January 1,
5 1991 and before January 1, 1992, an individual to whom
6 benefits are payable with respect to any week shall, in
7 addition to the benefits, be paid, with respect to such week,
8 as follows: in the case of an individual with a nonworking
9 spouse, 8.3% of his prior average weekly wage, rounded (if
10 not already a multiple of one dollar) to the next higher
11 dollar, provided, that the total amount payable to the
12 individual with respect to a week shall not exceed 57.3% of
13 the statewide average weekly wage, rounded (if not already a
14 multiple of one dollar) to the next higher dollar; and in the
15 case of an individual with a dependent child or dependent
16 children, 15.3% of his prior average weekly wage, rounded (if
17 not already a multiple of one dollar) to the next higher
18 dollar, provided that the total amount payable to the
19 individual with respect to a week shall not exceed 64.3% of
20 the statewide average weekly wage, rounded (if not already a
21 multiple of one dollar) to the next higher dollar.
22 With respect to any week beginning on or after January 3,
23 1993, an individual to whom benefits are payable with respect
24 to any week shall, in addition to those benefits, be paid,
25 with respect to such week, as follows: in the case of an
26 individual with a nonworking spouse, 9% of his prior average
27 weekly wage, rounded (if not already a multiple of one
28 dollar) to the next higher dollar, provided, that the total
29 amount payable to the individual with respect to a week
30 shall not exceed 58.5% of the statewide average weekly wage,
31 rounded (if not already a multiple of one dollar) to the next
32 higher dollar; and in the case of an individual with a
33 dependent child or dependent children, 16% of his prior
34 average weekly wage, rounded (if not already a multiple of
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1 one dollar) to the next higher dollar, provided that the
2 total amount payable to the individual with respect to a week
3 shall not exceed 65.5% of the statewide average weekly wage,
4 rounded (if not already a multiple of one dollar) to the next
5 higher dollar.
6 For the purposes of this subsection:
7 "Dependent" means a child or a nonworking spouse.
8 "Child" means a natural child, stepchild, or adopted
9 child of an individual claiming benefits under this Act or a
10 child who is in the custody of any such individual by court
11 order, for whom the individual is supplying and, for at least
12 90 consecutive days (or for the duration of the parental
13 relationship if it has existed for less than 90 days)
14 immediately preceding any week with respect to which the
15 individual has filed a claim, has supplied more than one-half
16 the cost of support, or has supplied at least 1/4 of the cost
17 of support if the individual and the other parent, together,
18 are supplying and, during the aforesaid period, have supplied
19 more than one-half the cost of support, and are, and were
20 during the aforesaid period, members of the same household;
21 and who, on the first day of such week (a) is under 18 years
22 of age, or (b) is, and has been during the immediately
23 preceding 90 days, unable to work because of illness or other
24 disability: provided, that no person who has been determined
25 to be a child of an individual who has been allowed benefits
26 with respect to a week in the individual's benefit year shall
27 be deemed to be a child of the other parent, and no other
28 person shall be determined to be a child of such other
29 parent, during the remainder of that benefit year.
30 "Nonworking spouse" means the lawful husband or wife of
31 an individual claiming benefits under this Act, for whom more
32 than one-half the cost of support has been supplied by the
33 individual for at least 90 consecutive days (or for the
34 duration of the marital relationship if it has existed for
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1 less than 90 days) immediately preceding any week with
2 respect to which the individual has filed a claim, but only
3 if the nonworking spouse is currently ineligible to receive
4 benefits under this Act by reason of the provisions of
5 Section 500E.
6 An individual who was obligated by law to provide for the
7 support of a child or of a nonworking spouse for the
8 aforesaid period of 90 consecutive days, but was prevented by
9 illness or injury from doing so, shall be deemed to have
10 provided more than one-half the cost of supporting the child
11 or nonworking spouse for that period.
12 (Source: P.A. 89-633, eff. 1-1-97; 90-554, eff. 12-12-97.)";
13 and
14 on page 2, by inserting after line 20 the following:
15 "(820 ILCS 405/1500) (from Ch. 48, par. 570)
16 Sec. 1500. Rate of contribution.
17 A. For the six months' period beginning July 1, 1937,
18 and for each of the calendar years 1938 to 1959, inclusive,
19 each employer shall pay contributions on wages at the
20 percentages specified in or determined in accordance with the
21 provisions of this Act as amended and in effect on July 11,
22 1957.
23 B. For the calendar years 1960 through 1983, each
24 employer shall pay contributions equal to 2.7 percent with
25 respect to wages for insured work paid during each such
26 calendar year, except that the contribution rate of each
27 employer who has incurred liability for the payment of
28 contributions within each of the three calendar years
29 immediately preceding the calendar year for which a rate is
30 being determined, shall be determined as provided in Sections
31 1501 to 1507, inclusive.
32 For the calendar year 1984 and each calendar year
33 thereafter, each employer shall pay contributions at a
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1 percentage rate equal to the greatest of 2.7%, or 2.7%
2 multiplied by the current adjusted State experience factor,
3 as determined for each calendar year by the Director in
4 accordance with the provisions of Sections 1504 and 1505, or
5 the average contribution rate for his major classification in
6 the Standard Industrial Code, or another classification
7 sanctioned by the United States Department of Labor and
8 prescribed by the Director by rule, with respect to wages for
9 insured work paid during such year. The Director of
10 Employment Security shall determine for calendar year 1984
11 and each calendar year thereafter by a method pursuant to
12 adopted rules each individual employer's industrial code and
13 the average contribution rate for each major classification
14 in the Standard Industrial Code, or each other classification
15 sanctioned by the United States Department of Labor and
16 prescribed by the Director by rule. Notwithstanding the
17 preceding provisions of this paragraph, the contribution rate
18 for calendar years 1984, 1985 and 1986 of each employer who
19 has incurred liability for the payment of contributions
20 within each of the two calendar years immediately preceding
21 the calendar year for which a rate is being determined, and
22 the contribution rate for calendar year 1987 and each
23 calendar year thereafter of each employer who has incurred
24 liability for the payment of contributions within each of the
25 three calendar years immediately preceding the calendar year
26 for which a rate is being determined shall be determined as
27 provided in Sections 1501 to 1507, inclusive. Provided,
28 however, that the contribution rate for calendar years 1989
29 and 1990 of each employer who has had experience with the
30 risk of unemployment for at least 13 consecutive months
31 ending June 30 of the preceding calendar year shall be a rate
32 determined in accordance with this Section or a rate
33 determined as if it had been calculated in accordance with
34 Sections 1501 through 1507, inclusive, whichever is greater,
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1 except that for purposes of calculating the benefit wage
2 ratio as provided in Section 1503, such benefit wage ratio
3 shall be a percentage equal to the total of benefit wages for
4 the 12 consecutive calendar month period ending on the above
5 preceding June 30, divided by the total wages for insured
6 work subject to the payment of contributions under Sections
7 234, 235 and 245 for the same period and provided, further,
8 however, that the contribution rate for calendar year 1991
9 and for each calendar year thereafter of each employer who
10 has had experience with the risk of unemployment for at least
11 13 consecutive months ending June 30 of the preceding
12 calendar year shall be a rate determined in accordance with
13 this Section or a rate determined as if it had been
14 calculated in accordance with Sections 1501 through 1507,
15 inclusive, whichever is greater, except that for purposes of
16 calculating the benefit ratio as provided in Section 1503.1,
17 such benefit ratio shall be a percentage equal to the total
18 of benefit charges for the 12 consecutive calendar month
19 period ending on the above preceding June 30, multiplied by
20 the benefit conversion factor applicable to such year,
21 divided by the total wages for insured work subject to the
22 payment of contributions under Sections 234, 235 and 245 for
23 the same period.
24 C. Except as expressly provided in this Act, the
25 provisions of Sections 1500 to 1510, inclusive, do not apply
26 to any nonprofit organization for any period with respect to
27 which it does not incur liability for the payment of
28 contributions by reason of having elected to make payments in
29 lieu of contributions, or to any political subdivision or
30 municipal corporation for any period with respect to which it
31 is not subject to payments in lieu of contributions under the
32 provisions of paragraph 1 of Section 302C by reason of having
33 elected to make payments in lieu of contributions under
34 paragraph 2 of that Section or to any governmental entity
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1 referred to in clause (B) of Section 211.1. Wages paid to an
2 individual which are subject to contributions under Section
3 1405 A, or on the basis of which benefits are paid to him
4 which are subject to payment in lieu of contributions under
5 Sections 1403, 1404, or 1405 B, or under paragraph 2 of
6 Section 302C, shall not become benefit wages or benefit
7 charges under the provisions of Sections 1501 or 1501.1,
8 respectively, except for purposes of determining a rate of
9 contribution for 1984 and each calendar year thereafter for
10 any governmental entity referred to in clause (B) of Section
11 211.1 which does not elect to make payments in lieu of
12 contributions.
13 D. If an employer's business is closed solely because of
14 the entrance of one or more of the owners, partners,
15 officers, or the majority stockholder into the armed forces
16 of the United States, or of any of its allies, or of the
17 United Nations, and, if the business is resumed within two
18 years after the discharge or release of such person or
19 persons from active duty in the armed forces, the employer
20 will be deemed to have incurred liability for the payment of
21 contributions continuously throughout such period. Such an
22 employer, for the purposes of Section 1506.1, will be deemed
23 to have paid contributions upon wages for insured work during
24 the applicable period specified in Section 1503 on or before
25 the date designated therein, provided that no wages became
26 benefit wages during the applicable period specified in
27 Section 1503.
28 (Source: P.A. 85-956.)
29 (820 ILCS 405/1506.3) (from Ch. 48, par. 576.3)
30 Sec. 1506.3. Fund building rates - Temporary
31 Administrative Funding.
32 A. Notwithstanding any other provision of this Act, the
33 following fund building rates shall be in effect for the
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1 following calendar years:
2 For each employer whose contribution rate for 1988, 1989,
3 1990, the first, third, and fourth quarters of 1991, 1992,
4 1993, 1994, 1995, and 1997 and any calendar year thereafter
5 would, in the absence of this Section, be 0.2% or higher, a
6 contribution rate which is the sum of such rate and 0.4%;
7 For each employer whose contribution rate for the second
8 quarter of 1991 would, in the absence of this Section, be
9 0.2% or higher, a contribution rate which is the sum of such
10 rate and 0.3%;
11 For each employer whose contribution rate for 1996 would,
12 in the absence of this Section, be 0.1% or higher, a
13 contribution rate which is the sum of such rate and 0.4%;
14 Notwithstanding the preceding paragraphs of this Section
15 or any other provision of this Act, except for the provisions
16 contained in Section 1500 pertaining to rates applicable to
17 employers classified under the Standard Industrial Code, or
18 another classification system sanctioned by the United States
19 Department of Labor and prescribed by the Director by rule,
20 no employer whose total wages for insured work paid by him
21 during any calendar quarter in 1988 and any calendar year
22 thereafter are less than $50,000 shall pay contributions at a
23 rate with respect to such quarter which exceeds the
24 following: with respect to calendar year 1988, 5%; with
25 respect to 1989 and any calendar year thereafter, 5.4%.
26 Notwithstanding the preceding paragraph of this Section,
27 or any other provision of this Act, no employer's
28 contribution rate with respect to calendar years 1993 through
29 1995 shall exceed 5.4% if the employer ceased operations at
30 an Illinois manufacturing facility in 1991 and remained
31 closed at that facility during all of 1992, and the employer
32 in 1993 commits to invest at least $5,000,000 for the purpose
33 of resuming operations at that facility, and the employer
34 rehires during 1993 at least 250 of the individuals employed
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1 by it at that facility during the one year period prior to
2 the cessation of its operations, provided that, within 30
3 days after the effective date of this amendatory Act of 1993,
4 the employer makes application to the Department to have the
5 provisions of this paragraph apply to it. The immediately
6 preceding sentence shall be null and void with respect to an
7 employer which by December 31, 1993 has not satisfied the
8 rehiring requirement specified by this paragraph or which by
9 December 31, 1994 has not made the investment specified by
10 this paragraph.
11 B. Notwithstanding any other provision of this Act, for
12 the second quarter of 1991, the contribution rate of each
13 employer as determined in accordance with Sections 1500,
14 1506.1, and subsection A of this Section shall be equal to
15 the sum of such rate and 0.1%; provided that this subsection
16 shall not apply to any employer whose rate computed under
17 Section 1506.1 for such quarter is between 5.1% and 5.3%,
18 inclusive, and who qualifies for the 5.4% rate ceiling
19 imposed by the last paragraph of subsection A for such
20 quarter. All payments made pursuant to this subsection shall
21 be deposited in the Employment Security Administrative Fund
22 established under Section 2103.1 and used for the
23 administration of this Act.
24 C. Payments received by the Director which are
25 insufficient to pay the total contributions due under the Act
26 shall be first applied to satisfy the amount due pursuant to
27 subsection B.
28 D. All provisions of this Act applicable to the
29 collection or refund of any contribution due under this Act
30 shall be applicable to the collection or refund of amounts
31 due pursuant to subsection B.
32 (Source: P.A. 88-518; 89-446, eff. 2-8-96.)
33 (820 ILCS 405/1507) (from Ch. 48, par. 577)
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1 Sec. 1507. Contribution rates of successor and
2 predecessor employing units.
3 A. Whenever any employing unit succeeds to substantially
4 all of the employing enterprises of another employing unit,
5 then in determining contribution rates for any calendar year,
6 the experience rating record of the predecessor prior to the
7 succession shall be transferred to the successor and
8 thereafter it shall not be treated as the experience rating
9 record of the predecessor, except as provided in subsection
10 B. For the purposes of this Section, such experience rating
11 record shall consist of all years during which liability for
12 the payment of contributions was incurred by the predecessor
13 prior to the succession, all benefit wages based upon wages
14 paid by the predecessor prior to the succession, all benefit
15 charges based on benefits paid by the predecessor prior to
16 the succession, and all wages for insured work paid by the
17 predecessor prior to the succession.
18 B. The provisions of this subsection shall be applicable
19 only to the determination of contribution rates for the
20 calendar year 1956 and for each calendar year thereafter.
21 Whenever any employing unit has succeeded to substantially
22 all of the employing enterprises of another employing unit,
23 but the predecessor employing unit has retained a distinct
24 severable portion of its employing enterprises or whenever
25 any employing unit has succeeded to a distinct severable
26 portion which is less than substantially all of the employing
27 enterprises of another employing unit, the successor
28 employing unit shall acquire the experience rating record
29 attributable to the portion to which it has succeeded, and
30 the predecessor employing unit shall retain the experience
31 rating record attributable to the portion which it has
32 retained, if--
33 1. The employing unit which desires to acquire or
34 retain such a distinct severable portion of such
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1 experience rating record has filed such reports giving
2 notice of the transfer as may be required by the Director
3 within 120 days of such transfer; and
4 2. It files a written application for such
5 experience rating record which is joined in by the
6 employing unit which is then entitled to such experience
7 rating record; and
8 2. 3. The joint application contains such
9 information as the Director shall by regulation prescribe
10 which will show that such experience rating record is
11 identifiable and segregable and, therefore, capable of
12 being transferred; and
13 3. 4. The joint application is filed prior to
14 whichever of the following dates is the latest: (a) July
15 1, 1956; (b) one year after the date of the succession;
16 or (c) the date that the rate determination of the
17 employing unit which has applied for such experience
18 rating record has become final for the calendar year
19 immediately following the calendar year in which the
20 succession occurs. The filing of a timely joint
21 application shall not affect any rate determination which
22 has become final, as provided by Section 1509.
23 If all of the foregoing requirements are met, then the
24 Director shall transfer such experience rating record to the
25 employing unit which has applied therefor, and it shall not
26 be treated as the experience rating record of the employing
27 unit which has joined in the application.
28 Whenever any employing unit is reorganized into two or
29 more employing units, and any of such employing units are
30 owned or controlled by the same interests which owned or
31 controlled the predecessor prior to the reorganization, and
32 the provisions of this subsection become applicable thereto,
33 then such affiliated employing units during the period of
34 their affiliation shall be treated as a single employing unit
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1 for the purpose of determining their rates of contributions.
2 C. For the calendar year in which a succession occurs
3 which results in the total or partial transfer of a
4 predecessor's experience rating record, the contribution
5 rates of the parties thereto shall be determined in the
6 following manner:
7 1. If any of such parties had a contribution rate
8 applicable to it for that calendar year, it shall
9 continue with such contribution rate.
10 2. If any successor had no contribution rate
11 applicable to it for that calendar year, and only one
12 predecessor is involved, then the contribution rate of
13 the successor shall be the same as that of its
14 predecessor.
15 3. If any successor had no contribution rate
16 applicable to it for that calendar year, and two or more
17 predecessors are involved, then the contribution rate of
18 the successor shall be computed, on the combined
19 experience rating records of the predecessors or on the
20 appropriate part of such records if any partial transfer
21 is involved, as provided in Sections 1500 to 1507,
22 inclusive.
23 4. Notwithstanding the provisions of paragraphs 2
24 and 3 of this subsection, if any succession occurs prior
25 to the calendar year 1956 and the successor acquires part
26 of the experience rating record of the predecessor as
27 provided in subsection B of this Section, then the
28 contribution rate of that successor for the calendar year
29 in which such succession occurs shall be 2.7 percent.
30 (Source: P.A. 90-554, eff. 12-12-97.)
31 (820 ILCS 405/1900) (from Ch. 48, par. 640)
32 Sec. 1900. Disclosure of information.
33 A. Except as provided in this Section, information
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1 obtained from any individual or employing unit during the
2 administration of this Act shall:
3 1. be confidential,
4 2. not be published or open to public inspection,
5 3. not be used in any court in any pending action
6 or proceeding,
7 4. not be admissible in evidence in any action or
8 proceeding other than one arising out of this Act.
9 B. No finding, determination, decision, ruling or order
10 (including any finding of fact, statement or conclusion made
11 therein) issued pursuant to this Act shall be admissible or
12 used in evidence in any action other than one arising out of
13 this Act, nor shall it be binding or conclusive except as
14 provided in this Act, nor shall it constitute res judicata,
15 regardless of whether the actions were between the same or
16 related parties or involved the same facts.
17 C. Any officer or employee of this State, any officer or
18 employee of any entity authorized to obtain information
19 pursuant to this Section, and any agent of this State or of
20 such entity who, except with authority of the Director under
21 this Section, shall disclose information shall be guilty of a
22 Class B misdemeanor and shall be disqualified from holding
23 any appointment or employment by the State.
24 D. An individual or his duly authorized agent may be
25 supplied with information from records only to the extent
26 necessary for the proper presentation of his claim for
27 benefits or with his existing or prospective rights to
28 benefits. Discretion to disclose this information belongs
29 solely to the Director and is not subject to a release or
30 waiver by the individual. Notwithstanding any other provision
31 to the contrary, an individual or his or her duly authorized
32 agent may be supplied with a statement of the amount of
33 benefits paid to the individual during the 18 months
34 preceding the date of his or her request.
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1 E. An employing unit may be furnished with information,
2 only if deemed by the Director as necessary to enable it to
3 fully discharge its obligations or safeguard its rights under
4 the Act. Discretion to disclose this information belongs
5 solely to the Director and is not subject to a release or
6 waiver by the employing unit.
7 F. The Director may furnish any information that he may
8 deem proper to any public officer or public agency of this or
9 any other State or of the federal government dealing with:
10 1. the administration of relief,
11 2. public assistance,
12 3. unemployment compensation,
13 4. a system of public employment offices,
14 5. wages and hours of employment, or
15 6. a public works program.
16 The Director may make available to the Illinois
17 Industrial Commission information regarding employers for the
18 purpose of verifying the insurance coverage required under
19 the Workers' Compensation Act and Workers' Occupational
20 Diseases Act.
21 G. The Director may disclose information submitted by
22 the State or any of its political subdivisions, municipal
23 corporations, instrumentalities, or school or community
24 college districts, except for information which specifically
25 identifies an individual claimant.
26 H. The Director shall disclose only that information
27 required to be disclosed under Section 303 of the Social
28 Security Act, as amended, including:
29 1. any information required to be given the United
30 States Department of Labor under Section 303(a)(6); and
31 2. the making available upon request to any agency
32 of the United States charged with the administration of
33 public works or assistance through public employment, the
34 name, address, ordinary occupation and employment status
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1 of each recipient of unemployment compensation, and a
2 statement of such recipient's right to further
3 compensation under such law as required by Section
4 303(a)(7); and
5 3. records to make available to the Railroad
6 Retirement Board as required by Section 303(c)(1); and
7 4. information that will assure reasonable
8 cooperation with every agency of the United States
9 charged with the administration of any unemployment
10 compensation law as required by Section 303(c)(2); and
11 5. information upon request and on a reimbursable
12 basis to the United States Department of Agriculture and
13 to any State food stamp agency concerning any information
14 required to be furnished by Section 303(d); and
15 6. any wage information upon request and on a
16 reimbursable basis to any State or local child support
17 enforcement agency required by Section 303(e); and
18 7. any information required under the income
19 eligibility and verification system as required by
20 Section 303(f); and
21 8. information that might be useful in locating an
22 absent parent or that parent's employer, establishing
23 paternity or establishing, modifying, or enforcing child
24 support orders for the purpose of a child support
25 enforcement program under Title IV of the Social Security
26 Act upon the request of and on a reimbursable basis to
27 the public agency administering the Federal Parent
28 Locator Service as required by Section 303(h); and
29 9. information, upon request, to representatives of
30 any federal, State or local governmental public housing
31 agency with respect to individuals who have signed the
32 appropriate consent form approved by the Secretary of
33 Housing and Urban Development and who are applying for or
34 participating in any housing assistance program
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1 administered by the United States Department of Housing
2 and Urban Development as required by Section 303(i).
3 I. The Director, upon the request of a public agency of
4 Illinois, of the federal government or of any other state
5 charged with the investigation or enforcement of Section 10-5
6 of the Criminal Code of 1961 (or a similar federal law or
7 similar law of another State), may furnish the public agency
8 information regarding the individual specified in the request
9 as to:
10 1. the current or most recent home address of the
11 individual, and
12 2. the names and addresses of the individual's
13 employers.
14 J. Nothing in this Section shall be deemed to interfere
15 with the disclosure of certain records as provided for in
16 Section 1706 or with the right to make available to the
17 Internal Revenue Service of the United States Department of
18 the Treasury, or the Department of Revenue of the State of
19 Illinois, information obtained under this Act.
20 K. The Department shall make available to the Illinois
21 Student Assistance Commission, upon request, information in
22 the possession of the Department that may be necessary or
23 useful to the Commission in the collection of defaulted or
24 delinquent student loans which the Commission administers.
25 L. The Department shall make available to the State
26 Employees' Retirement System, the State Universities
27 Retirement System, and the Teachers' Retirement System of the
28 State of Illinois, upon request, information in the
29 possession of the Department that may be necessary or useful
30 to the System for the purpose of determining whether any
31 recipient of a disability benefit from the System is
32 gainfully employed.
33 M. This Section shall be applicable to the information
34 obtained in the administration of the State employment
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1 service, except that the Director may publish or release
2 general labor market information and may furnish information
3 that he may deem proper to an individual, public officer or
4 public agency of this or any other State or the federal
5 government (in addition to those public officers or public
6 agencies specified in this Section) as he prescribes by Rule.
7 N. The Director may require such safeguards as he deems
8 proper to insure that information disclosed pursuant to this
9 Section is used only for the purposes set forth in this
10 Section.
11 O. (Blank).
12 P. Within 30 days after the effective date of this
13 amendatory Act of 1993 and annually thereafter, the
14 Department shall provide to the Department of Financial
15 Institutions a list of individuals or entities that, for the
16 most recently completed calendar year, report to the
17 Department as paying wages to workers. The lists shall be
18 deemed confidential and may not be disclosed to any other
19 person.
20 Q. The Director shall make available to an elected
21 federal official the name and address of an individual or
22 entity that is located within the jurisdiction from which the
23 official was elected and that, for the most recently
24 completed calendar year, has reported to the Department as
25 paying wages to workers, where the information will be used
26 in connection with the official duties of the official and
27 the official requests the information in writing, specifying
28 the purposes for which it will be used. For purposes of this
29 subsection, the use of information in connection with the
30 official duties of an official does not include use of the
31 information in connection with the solicitation of
32 contributions or expenditures, in money or in kind, to or on
33 behalf of a candidate for public or political office or a
34 political party or with respect to a public question, as
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1 defined in Section 1-3 of the Election Code, or in connection
2 with any commercial solicitation. Any elected federal
3 official who, in submitting a request for information covered
4 by this subsection, knowingly makes a false statement or
5 fails to disclose a material fact, with the intent to obtain
6 the information for a purpose not authorized by this
7 subsection, shall be guilty of a Class B misdemeanor.
8 R. The Director may provide to any State or local child
9 support agency, upon request and on a reimbursable basis,
10 information that might be useful in locating an absent parent
11 or that parent's employer, establishing paternity, or
12 establishing, modifying, or enforcing child support orders.
13 (Source: P.A. 89-446, eff. 2-8-96; 89-493, eff. 1-1-97;
14 90-425, eff. 8-15-97; 90-488, eff. 8-17-97; 90-655, eff.
15 7-30-98.)
16 (820 ILCS 405/2100) (from Ch. 48, par. 660)
17 Sec. 2100. Handling of funds - Bond - Accounts.
18 A. All contributions and payments in lieu of
19 contributions collected under this Act together with any
20 interest thereon; all penalties collected pursuant to this
21 Act; any property or securities acquired through the use
22 thereof; all moneys advanced to this State's account in the
23 unemployment trust fund pursuant to the provisions of Title
24 XII of the Social Security Act, as amended; all moneys
25 received from the federal tax avoidance surcharge established
26 by Section 1506.4; all moneys received from the Federal
27 government as reimbursements pursuant to Section 204 of the
28 Federal-State Extended Unemployment Compensation Act of 1970,
29 as amended; all moneys credited to this State's account in
30 the unemployment trust fund pursuant to Section 903 of the
31 Federal Social Security Act, as amended; and all earnings of
32 such property or securities and any interest earned upon any
33 such moneys shall be paid or turned over to and held by the
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1 Director, as ex-officio custodian of the clearing account,
2 the unemployment trust fund account and the benefit account,
3 and by the State Treasurer, as ex-officio custodian of the
4 special administrative account, separate and apart from all
5 public moneys or funds of this State, as hereinafter
6 provided. Such moneys shall be administered by the Director
7 exclusively for the purposes of this Act.
8 No such moneys shall be paid or expended except upon the
9 direction of the Director in accordance with such regulations
10 as he shall prescribe pursuant to the provisions of this Act.
11 The State Treasurer shall be liable on his general
12 official bond for the faithful performance of his duties in
13 connection with the moneys in the special administrative
14 account provided for under this Act. Such liability on his
15 official bond shall exist in addition to the liability upon
16 any separate bond given by him. All sums recovered for
17 losses sustained by the account shall be deposited in that
18 account.
19 The Director shall be liable on his general official bond
20 for the faithful performance of his duties in connection with
21 the moneys in the clearing account, the benefit account and
22 unemployment trust fund account provided for under this Act.
23 Such liability on his official bond shall exist in addition
24 to the liability upon any separate bond given by him. All
25 sums recovered for losses sustained by any one of the
26 accounts shall be deposited in the account that sustained
27 such loss.
28 The Treasurer shall maintain for such moneys a special
29 administrative account. The Director shall maintain for such
30 moneys 3 separate accounts: a clearing account, a benefit
31 account and an unemployment trust fund account. All moneys
32 payable under this Act (except moneys requisitioned from this
33 State's account in the unemployment trust fund and deposited
34 in the benefit account), upon receipt thereof by the
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1 Director, shall be immediately deposited in the clearing
2 account; provided, however, that, except as is otherwise
3 provided in this Section, interest and penalties shall not be
4 deemed a part of the clearing account but shall be
5 transferred immediately upon clearance thereof to the special
6 administrative account.
7 After clearance thereof, all other moneys in the clearing
8 account shall be immediately deposited by the Director with
9 the Secretary of the Treasury of the United States of America
10 to the credit of the account of this State in the
11 unemployment trust fund, established and maintained pursuant
12 to the Federal Social Security Act, as amended.
13 The benefit account shall consist of all moneys
14 requisitioned from this State's account in the unemployment
15 trust fund. The moneys in the benefit account shall be
16 expended in accordance with regulations prescribed by the
17 Director and solely for the payment of benefits, refunds of
18 contributions, interest and penalties under the provisions of
19 the Act, the payment of health insurance in accordance with
20 Section 410 of this Act, and the transfer or payment of funds
21 to any Federal or State agency pursuant to reciprocal
22 arrangements entered into by the Director under the
23 provisions of Section 2700E, except that moneys credited to
24 this State's account in the unemployment trust fund pursuant
25 to Section 903 of the Federal Social Security Act, as
26 amended, shall be used exclusively as provided in subsection
27 B. The Director shall, from time to time, requisition from
28 the unemployment trust fund such amounts, not exceeding the
29 amounts standing to the State's account therein, as he deems
30 necessary solely for the payment of such benefits, refunds,
31 and funds, for a reasonable future period. The Director, as
32 ex-officio custodian of the benefit account, which shall be
33 kept separate and apart from all other public moneys, shall
34 issue his checks for the payment of such benefits, refunds,
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1 health insurance and funds solely from the moneys so received
2 into the benefit account. However, after January 1, 1987, no
3 check shall be drawn on such benefit account unless at the
4 time of drawing there is sufficient money in the account to
5 pay the check. The Director shall retain in the clearing
6 account an amount of interest and penalties equal to the
7 amount of interest and penalties to be refunded from the
8 benefit account. After clearance thereof, the amount so
9 retained shall be immediately deposited by the Director, as
10 are all other moneys in the clearing account, with the
11 Secretary of the Treasury of the United States. If, at any
12 time, an insufficient amount of interest and penalties is
13 available for retention in the clearing account, no refund of
14 interest or penalties shall be made from the benefit account
15 until a sufficient amount is available for retention and is
16 so retained, or until the State Treasurer, upon the direction
17 of the Director, transfers to the Director a sufficient
18 amount from the special administrative account, for immediate
19 deposit in the benefit account.
20 Any balance of moneys requisitioned from the unemployment
21 trust fund which remains unclaimed or unpaid in the benefit
22 account after the expiration of the period for which such
23 sums were requisitioned shall either be deducted from
24 estimates of and may be utilized for authorized expenditures
25 during succeeding periods, or, in the discretion of the
26 Director, shall be redeposited with the Secretary of the
27 Treasury of the United States to the credit of the State's
28 account in the unemployment trust fund.
29 Moneys in the clearing, benefit and special
30 administrative accounts shall not be commingled with other
31 State funds but they shall be deposited as required by law
32 and maintained in separate accounts on the books of a savings
33 and loan association or bank.
34 No bank or savings and loan association shall receive
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1 public funds as permitted by this Section, unless it has
2 complied with the requirements established pursuant to
3 Section 6 of "An Act relating to certain investments of
4 public funds by public agencies", approved July 23, 1943, as
5 now or hereafter amended.
6 B. Moneys credited to the account of this State in the
7 unemployment trust fund by the Secretary of the Treasury of
8 the United States pursuant to Section 903 of the Social
9 Security Act may not be requisitioned from this State's
10 account or and used as authorized by Section 903 except for
11 the payment of benefits and for the payment of expenses
12 incurred for the administration of this Act. Any interest
13 required to be paid on advances under Title XII of the Social
14 Security Act shall be paid in a timely manner and shall not
15 be paid, directly or indirectly, by an equivalent reduction
16 in contributions or payments in lieu of contributions from
17 amounts in this State's account in the unemployment trust
18 fund. Such moneys may be requisitioned pursuant to
19 subsection A for the payment of benefits. Such moneys may
20 also be requisitioned and used for the payment of expenses
21 incurred for the administration of this Act, but only
22 pursuant to a specific appropriation by the General Assembly
23 and only if the expenses are incurred and the moneys are
24 requisitioned after the enactment of an appropriation law
25 which:
26 1. Specifies the purpose or purposes for which such
27 moneys are appropriated and the amount or amounts
28 appropriated therefor;
29 2. Limits the period within which such moneys may
30 be obligated to a period ending not more than 2 years
31 after the date of the enactment of the appropriation law;
32 and
33 3. Limits the amount which may be obligated during
34 any fiscal year to an amount which does not exceed the
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1 amount by which (a) the aggregate of the amounts
2 transferred to the account of this State pursuant to
3 Section 903 of the Social Security Act exceeds (b) the
4 aggregate of the amounts used by this State pursuant to
5 this Act and charged against the amounts transferred to
6 the account of this State.
7 For purposes of paragraph (3) above, amounts obligated
8 for administrative purposes pursuant to an appropriation
9 shall be chargeable against transferred amounts at the exact
10 time the obligation is entered into. The appropriation,
11 obligation, and expenditure or other disposition of money
12 appropriated under this subsection shall be accounted for in
13 accordance with standards established by the United States
14 Secretary of Labor.
15 Moneys appropriated as provided herein for the payment of
16 expenses of administration shall be requisitioned by the
17 Director as needed for the payment of obligations incurred
18 under such appropriation. Upon requisition, such moneys shall
19 be deposited with the State Treasurer, who shall hold such
20 moneys, as ex-officio custodian thereof, in accordance with
21 the requirements of Section 2103 and, upon the direction of
22 the Director, shall make payments therefrom pursuant to such
23 appropriation. Moneys so deposited shall, until expended,
24 remain a part of the unemployment trust fund and, if any will
25 not be expended, shall be returned promptly to the account of
26 this State in the unemployment trust fund.
27 C. The Governor is authorized to apply to the United
28 States Secretary of Labor for an advance or advances to this
29 State's account in the unemployment trust fund pursuant to
30 the conditions set forth in Title XII of the Federal Social
31 Security Act, as amended. The amount of any such advance may
32 be repaid from this State's account in the unemployment trust
33 fund provided that if the federal penalty tax avoidance
34 surcharge established by Section 1506.4 is in effect for that
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1 year, any outstanding advance shall first be repaid from
2 amounts in this State's account in the unemployment trust
3 fund which were received from such surcharge by November 9 of
4 each year.
5 (Source: P.A. 86-3; 87-122.)
6 Section 99. This Section and the changes to Sections 235
7 and 401 of the Unemployment Insurance Act take effect upon
8 becoming law.".