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Public Act 094-0233 |
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AN ACT concerning unemployment insurance.
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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 | ||||
changing Section 1403 as follows:
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(820 ILCS 405/1403) (from Ch. 48, par. 553)
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Sec. 1403. Financing benefits paid to state employees. | ||||
Benefits paid
to individuals with respect to whom
on the basis | ||||
of wages paid to them for insured work in
the employ of this | ||||
State or any of its wholly owned instrumentalities
is the last | ||||
employer as provided in Section 1502.1 shall be financed by | ||||
appropriations to the Department of Employment
Security. There | ||||
is hereby established a special fund to be known as the
State | ||||
Employees' Unemployment Benefit Fund. Such Fund shall consist | ||||
of and
there shall be deposited in such Fund all moneys | ||||
appropriated to the
Department of Employment Security pursuant | ||||
to this Section, all
interest earned upon such moneys, any | ||||
property or securities acquired
through the use thereof, all | ||||
earnings of such property or securities,
and all other moneys | ||||
for the Fund received from any other source. The
Fund shall be | ||||
held by the State Treasurer, as ex-officio custodian thereof,
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separate and apart from all public moneys or funds of this | ||||
State, but the
moneys in the Fund shall be deposited as | ||||
required by law and maintained in
a separate account on the | ||||
books of a savings and loan association or
bank. The Fund shall | ||||
be administered by the Director exclusively for the
purposes of | ||||
this Section. No moneys in the Fund shall be paid or
expended | ||||
except upon the direction of the Director exclusively for the
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purposes of this Section.
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The State Treasurer shall be liable on his general official | ||||
bond for
the faithful performance of his duties with regard to
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as custodian of such moneys as
may come into his hands by |
virtue of this Section. Such liability on his
official bond | ||
shall exist in addition to the liability upon any separate
bond | ||
given by him. All sums recovered for losses sustained by the | ||
clearing account
Fund
herein described shall be deposited | ||
therein.
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In lieu of contributions required of other employers under | ||
this Act,
the State Treasurer, upon the direction of the | ||
Director, shall transfer
to and deposit in the clearing account | ||
established by Section 2100, an
amount equivalent to the amount | ||
of regular benefits and one-half the
amount of extended | ||
benefits (defined in Section 409) paid for weeks
which begin | ||
before January 1, 1979, and to the amount of all benefits
paid | ||
for weeks which begin on and after January 1, 1979, to | ||
individuals
who, during there respective base periods, were | ||
paid wages for insured
work by the State or any of its wholly | ||
owned instrumentalities. If an
individual was paid such wages | ||
during his base period both by the State
or any of such | ||
instrumentalities and by one or more other employers,
the | ||
amount to be so transferred by the State Treasurer with respect | ||
to
such individual shall be a sum which bears the same ratio to | ||
the total
benefits paid to the individual as the wages for | ||
insured work paid to
the individual during his base period by | ||
the State and any such
instrumentalities bear to the total | ||
wages for insured work paid to the
individual during the base | ||
period by all of the employers.
Notwithstanding the previous | ||
provisions of this Section with respect to
benefit years | ||
beginning prior to July 1, 1989, any adjustment after
September | ||
30, 1989 to the base period wages paid to the individual by any
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employer shall not affect the ratio for determining the amount | ||
to be
transferred to the clearing account by the State | ||
Treasurer. Provided,
however, that with respect to benefit | ||
years beginning on or after July 1,
1989, the State Treasurer | ||
shall transfer to and deposit in the clearing
account an amount | ||
equal to 100% of regular benefits, including dependents'
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allowances, and 100% of extended benefits, including | ||
dependents' allowances
paid to an individual, but only if the |
State: (a) is the last
employer as provided in Section 1502.1 | ||
and (b) paid, to the individual
receiving benefits, wages for | ||
insured work during his base period. If the
State meets the | ||
requirements of (a) but not (b), with respect to benefit
years | ||
beginning on or after July 1, 1989, it shall be required to | ||
make
payments in an amount equal to 50% of regular benefits, | ||
including
dependents' allowances, and 50% of extended | ||
benefits, including dependents'
allowances, paid to an | ||
individual.
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On and after July 1, 2005, transfers to the clearing | ||
account pursuant to this Section shall be made directly from | ||
such funds and accounts as the appropriations to the Department | ||
authorize, as designated by the Director. On July 1, 2005, or | ||
as soon thereafter as may be reasonably practicable, all | ||
remaining funds in the State Employees' Unemployment Benefit | ||
Fund shall be transferred to the clearing account, and, upon | ||
the transfer of those funds, the State Employees' Unemployment | ||
Benefit Fund is abolished.
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The Director shall ascertain the amount to be so | ||
transferred and
deposited by the State Treasurer as soon as | ||
practicable after the end of
each calendar quarter. The | ||
provisions of paragraphs 4 and 5 of Section
1404B shall be | ||
applicable to a determination of the amount to be so
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transferred and deposited. Such deposit shall be made by the | ||
State
Treasurer at such times and in such manner as the | ||
Director may determine
and direct.
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Every department, institution, agency and instrumentality | ||
of the
State of Illinois shall make available to the Director | ||
such information
with respect to any individual who has | ||
performed insured work for it as
the Director may find | ||
practicable and necessary for the determination of
such | ||
individual's rights under this Act. Each such department,
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institution, agency and instrumentality shall file such | ||
reports with the
Director as he may by regulation prescribe.
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(Source: P.A. 86-3.)
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Section 99. Effective date. This Act takes effect July 1, | ||
2005.
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