Bill Amendment: IL SB0807 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: STATE GOVERNMENT-TECH
Status: 2026-05-31 - Passed Both Houses [SB0807 Detail]
Download: Illinois-2025-SB0807-House_Amendment_001.html
Bill Title: STATE GOVERNMENT-TECH
Status: 2026-05-31 - Passed Both Houses [SB0807 Detail]
Download: Illinois-2025-SB0807-House_Amendment_001.html
| |||||||
| |||||||
| 1 | AMENDMENT TO SENATE BILL 807 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 807 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Unemployment Insurance Act is amended by | ||||||
| 5 | changing Sections 401, 403, 700, 1505, 1506.6, and 2800 as | ||||||
| 6 | follows: | ||||||
| 7 | (820 ILCS 405/401) (from Ch. 48, par. 401) | ||||||
| 8 | Sec. 401. Weekly Benefit Amount - Dependents' Allowances. | ||||||
| 9 | (I) A. With respect to any week beginning in a benefit year | ||||||
| 10 | beginning prior to January 4, 2004, an individual's weekly | ||||||
| 11 | benefit amount shall be an amount equal to the weekly benefit | ||||||
| 12 | amount as defined in the provisions of this Act as amended and | ||||||
| 13 | in effect on November 18, 2011. | ||||||
| 14 | B. 1. With respect to any benefit year beginning on or | ||||||
| 15 | after January 4, 2004 and before January 6, 2008, an | ||||||
| 16 | individual's weekly benefit amount shall be 48% of the | ||||||
| |||||||
| |||||||
| 1 | individual's 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 | ||||||
| 4 | exceed the maximum weekly benefit amount and cannot be less | ||||||
| 5 | than $51. Except as otherwise provided in this Section, with | ||||||
| 6 | respect to any benefit year beginning on or after January 6, | ||||||
| 7 | 2008, an individual's weekly benefit amount shall be 47% of | ||||||
| 8 | the individual's prior average weekly wage, rounded (if not | ||||||
| 9 | already a multiple of one dollar) to the next higher dollar; | ||||||
| 10 | provided, however, that the weekly benefit amount cannot | ||||||
| 11 | exceed the maximum weekly benefit amount and cannot be less | ||||||
| 12 | than $51. With respect to any benefit year beginning on or | ||||||
| 13 | after January 1, 2029 2027 and before January 1, 2030 2028, an | ||||||
| 14 | individual's weekly benefit amount shall be 40.8% 40.6% of the | ||||||
| 15 | individual's prior average weekly wage, rounded (if not | ||||||
| 16 | already a multiple of one dollar) to the next higher dollar; | ||||||
| 17 | provided, however, that the weekly benefit amount cannot | ||||||
| 18 | exceed the maximum weekly benefit amount and cannot be less | ||||||
| 19 | than $51. | ||||||
| 20 | 2. For the purposes of this subsection: | ||||||
| 21 | An individual's "prior average weekly wage" means the | ||||||
| 22 | total wages for insured work paid to that individual during | ||||||
| 23 | the 2 calendar quarters of the individual's base period in | ||||||
| 24 | which such total wages were highest, divided by 26. If the | ||||||
| 25 | quotient is not already a multiple of one dollar, it shall be | ||||||
| 26 | rounded to the nearest dollar; however if the quotient is | ||||||
| |||||||
| |||||||
| 1 | equally near 2 multiples of one dollar, it shall be rounded to | ||||||
| 2 | the higher multiple of one dollar. | ||||||
| 3 | "Determination date" means June 1 and December 1 of each | ||||||
| 4 | calendar year except that, for the purposes of this Act only, | ||||||
| 5 | there shall be no June 1 determination date in any year. | ||||||
| 6 | "Determination period" means, with respect to each June 1 | ||||||
| 7 | determination date, the 12 consecutive calendar months ending | ||||||
| 8 | on the immediately preceding December 31 and, with respect to | ||||||
| 9 | each December 1 determination date, the 12 consecutive | ||||||
| 10 | calendar months ending on the immediately preceding June 30. | ||||||
| 11 | "Benefit period" means the 12 consecutive calendar month | ||||||
| 12 | period beginning on the first day of the first calendar month | ||||||
| 13 | immediately following a determination date, except that, with | ||||||
| 14 | respect to any calendar year in which there is a June 1 | ||||||
| 15 | determination date, "benefit period" shall mean the 6 | ||||||
| 16 | consecutive calendar month period beginning on the first day | ||||||
| 17 | of the first calendar month immediately following the | ||||||
| 18 | preceding December 1 determination date and the 6 consecutive | ||||||
| 19 | calendar month period beginning on the first day of the first | ||||||
| 20 | calendar month immediately following the June 1 determination | ||||||
| 21 | date. | ||||||
| 22 | "Gross wages" means all the wages paid to individuals | ||||||
| 23 | during the determination period immediately preceding a | ||||||
| 24 | determination date for insured work, and reported to the | ||||||
| 25 | Director by employers prior to the first day of the third | ||||||
| 26 | calendar month preceding that date. | ||||||
| |||||||
| |||||||
| 1 | "Covered employment" for any calendar month means the | ||||||
| 2 | total number of individuals, as determined by the Director, | ||||||
| 3 | engaged in insured work at mid-month. | ||||||
| 4 | "Average monthly covered employment" means one-twelfth of | ||||||
| 5 | the sum of the covered employment for the 12 months of a | ||||||
| 6 | determination period. | ||||||
| 7 | "Statewide average annual wage" means the quotient, | ||||||
| 8 | obtained by dividing gross wages by average monthly covered | ||||||
| 9 | employment for the same determination period, rounded (if not | ||||||
| 10 | already a multiple of one cent) to the nearest cent. | ||||||
| 11 | "Statewide average weekly wage" means the quotient, | ||||||
| 12 | obtained by dividing the statewide average annual wage by 52, | ||||||
| 13 | rounded (if not already a multiple of one cent) to the nearest | ||||||
| 14 | cent. Notwithstanding any provision of this Section to the | ||||||
| 15 | contrary, the statewide average weekly wage for any benefit | ||||||
| 16 | period prior to calendar year 2012 shall be as determined by | ||||||
| 17 | the provisions of this Act as amended and in effect on November | ||||||
| 18 | 18, 2011. Notwithstanding any provisions of this Section to | ||||||
| 19 | the contrary, the statewide average weekly wage for the | ||||||
| 20 | benefit period of calendar year 2012 shall be $856.55 and for | ||||||
| 21 | each calendar year thereafter, the statewide average weekly | ||||||
| 22 | wage shall be the statewide average weekly wage, as determined | ||||||
| 23 | in accordance with this sentence, for the immediately | ||||||
| 24 | preceding benefit period plus (or minus) an amount equal to | ||||||
| 25 | the percentage change in the statewide average weekly wage, as | ||||||
| 26 | computed in accordance with the first sentence of this | ||||||
| |||||||
| |||||||
| 1 | paragraph, between the 2 immediately preceding benefit | ||||||
| 2 | periods, multiplied by the statewide average weekly wage, as | ||||||
| 3 | determined in accordance with this sentence, for the | ||||||
| 4 | immediately preceding benefit period. However, for purposes of | ||||||
| 5 | the Workers' Compensation Act, the statewide average weekly | ||||||
| 6 | wage will be computed using June 1 and December 1 | ||||||
| 7 | determination dates of each calendar year and such | ||||||
| 8 | determination shall not be subject to the limitation of the | ||||||
| 9 | statewide average weekly wage as computed in accordance with | ||||||
| 10 | the preceding sentence of this paragraph. | ||||||
| 11 | With respect to any week beginning in a benefit year | ||||||
| 12 | beginning prior to January 4, 2004, "maximum weekly benefit | ||||||
| 13 | amount" with respect to each week beginning within a benefit | ||||||
| 14 | period shall be as defined in the provisions of this Act as | ||||||
| 15 | amended and in effect on November 18, 2011. | ||||||
| 16 | With respect to any benefit year beginning on or after | ||||||
| 17 | January 4, 2004 and before January 6, 2008, "maximum weekly | ||||||
| 18 | benefit amount" with respect to each week beginning within a | ||||||
| 19 | benefit period means 48% of the statewide average weekly wage, | ||||||
| 20 | rounded (if not already a multiple of one dollar) to the next | ||||||
| 21 | higher dollar. | ||||||
| 22 | Except as otherwise provided in this Section, with respect | ||||||
| 23 | to any benefit year beginning on or after January 6, 2008, | ||||||
| 24 | "maximum weekly benefit amount" with respect to each week | ||||||
| 25 | beginning within a benefit period means 47% of the statewide | ||||||
| 26 | average weekly wage, rounded (if not already a multiple of one | ||||||
| |||||||
| |||||||
| 1 | dollar) to the next higher dollar. | ||||||
| 2 | With respect to any benefit year beginning on or after | ||||||
| 3 | January 1, 2029 2027 and before January 1, 2030 2028, "maximum | ||||||
| 4 | weekly benefit amount" with respect to each week beginning | ||||||
| 5 | within a benefit period means 40.8% 40.6% of the statewide | ||||||
| 6 | average weekly wage, rounded (if not already a multiple of one | ||||||
| 7 | dollar) to the next higher dollar. | ||||||
| 8 | C. With respect to any week beginning in a benefit year | ||||||
| 9 | beginning prior to January 4, 2004, an individual's | ||||||
| 10 | eligibility for a dependent allowance with respect to a | ||||||
| 11 | nonworking spouse or one or more dependent children shall be | ||||||
| 12 | as defined by the provisions of this Act as amended and in | ||||||
| 13 | effect on November 18, 2011. | ||||||
| 14 | With respect to any benefit year beginning on or after | ||||||
| 15 | January 4, 2004 and before January 6, 2008, an individual to | ||||||
| 16 | whom benefits are payable with respect to any week shall, in | ||||||
| 17 | addition to those benefits, be paid, with respect to such | ||||||
| 18 | week, as follows: in the case of an individual with a | ||||||
| 19 | nonworking spouse, 9% of the individual's prior average weekly | ||||||
| 20 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
| 21 | next higher dollar, provided, that the total amount payable to | ||||||
| 22 | the individual with respect to a week shall not exceed 57% of | ||||||
| 23 | the statewide average weekly wage, rounded (if not already a | ||||||
| 24 | multiple of one dollar) to the next higher dollar; and in the | ||||||
| 25 | case of an individual with a dependent child or dependent | ||||||
| 26 | children, 17.2% of the individual's prior average weekly wage, | ||||||
| |||||||
| |||||||
| 1 | rounded (if not already a multiple of one dollar) to the next | ||||||
| 2 | higher dollar, provided that the total amount payable to the | ||||||
| 3 | individual with respect to a week shall not exceed 65.2% of the | ||||||
| 4 | statewide average weekly wage, rounded (if not already a | ||||||
| 5 | multiple of one dollar) to the next higher dollar. | ||||||
| 6 | With respect to any benefit year beginning on or after | ||||||
| 7 | January 6, 2008 and before January 1, 2010, an individual to | ||||||
| 8 | whom benefits are payable with respect to any week shall, in | ||||||
| 9 | addition to those benefits, be paid, with respect to such | ||||||
| 10 | week, as follows: in the case of an individual with a | ||||||
| 11 | nonworking spouse, 9% of the individual's prior average weekly | ||||||
| 12 | wage, rounded (if not already a multiple of one dollar) to the | ||||||
| 13 | next higher dollar, provided, that the total amount payable to | ||||||
| 14 | the individual with respect to a week shall not exceed 56% of | ||||||
| 15 | the statewide average weekly wage, rounded (if not already a | ||||||
| 16 | multiple of one dollar) to the next higher dollar; and in the | ||||||
| 17 | case of an individual with a dependent child or dependent | ||||||
| 18 | children, 18.2% of the individual's prior average weekly wage, | ||||||
| 19 | rounded (if not already a multiple of one dollar) to the next | ||||||
| 20 | higher dollar, provided that the total amount payable to the | ||||||
| 21 | individual with respect to a week shall not exceed 65.2% of the | ||||||
| 22 | statewide average weekly wage, rounded (if not already a | ||||||
| 23 | multiple of one dollar) to the next higher dollar. | ||||||
| 24 | The additional amount paid pursuant to this subsection in | ||||||
| 25 | the case of an individual with a dependent child or dependent | ||||||
| 26 | children shall be referred to as the "dependent child | ||||||
| |||||||
| |||||||
| 1 | allowance", and the percentage rate by which an individual's | ||||||
| 2 | prior average weekly wage is multiplied pursuant to this | ||||||
| 3 | subsection to calculate the dependent child allowance shall be | ||||||
| 4 | referred to as the "dependent child allowance rate". | ||||||
| 5 | Except as otherwise provided in this Section, with respect | ||||||
| 6 | to any benefit year beginning on or after January 1, 2010, an | ||||||
| 7 | individual to whom benefits are payable with respect to any | ||||||
| 8 | week shall, in addition to those benefits, be paid, with | ||||||
| 9 | respect to such week, as follows: in the case of an individual | ||||||
| 10 | with a nonworking spouse, the greater of (i) 9% of the | ||||||
| 11 | individual's prior average weekly wage, rounded (if not | ||||||
| 12 | already a multiple of one dollar) to the next higher dollar, or | ||||||
| 13 | (ii) $15, provided that the total amount payable to the | ||||||
| 14 | individual with respect to a week shall not exceed 56% of the | ||||||
| 15 | statewide average weekly wage, rounded (if not already a | ||||||
| 16 | multiple of one dollar) to the next higher dollar; and in the | ||||||
| 17 | case of an individual with a dependent child or dependent | ||||||
| 18 | children, the greater of (i) the product of the dependent | ||||||
| 19 | child allowance rate multiplied by the individual's prior | ||||||
| 20 | average weekly wage, rounded (if not already a multiple of one | ||||||
| 21 | dollar) to the next higher dollar, or (ii) the lesser of $50 or | ||||||
| 22 | 50% of the individual's weekly benefit amount, rounded (if not | ||||||
| 23 | already a multiple of one dollar) to the next higher dollar, | ||||||
| 24 | provided that the total amount payable to the individual with | ||||||
| 25 | respect to a week shall not exceed the product of the statewide | ||||||
| 26 | average weekly wage multiplied by the sum of 47% plus the | ||||||
| |||||||
| |||||||
| 1 | dependent child allowance rate, rounded (if not already a | ||||||
| 2 | multiple of one dollar) to the next higher dollar. | ||||||
| 3 | With respect to any benefit year beginning on or after | ||||||
| 4 | January 1, 2029 2027 and before January 1, 2030 2028, an | ||||||
| 5 | individual to whom benefits are payable with respect to any | ||||||
| 6 | week shall, in addition to those benefits, be paid, with | ||||||
| 7 | respect to such week, as follows: in the case of an individual | ||||||
| 8 | with a nonworking spouse, the greater of (i) 9% of the | ||||||
| 9 | individual's prior average weekly wage, rounded (if not | ||||||
| 10 | already a multiple of one dollar) to the next higher dollar, or | ||||||
| 11 | (ii) $15, provided that the total amount payable to the | ||||||
| 12 | individual with respect to a week shall not exceed 49.8% 49.6% | ||||||
| 13 | of the statewide average weekly wage, rounded (if not already | ||||||
| 14 | a 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, the greater of (i) the product of the dependent | ||||||
| 17 | child allowance rate multiplied by the individual's prior | ||||||
| 18 | average weekly wage, rounded (if not already a multiple of one | ||||||
| 19 | dollar) to the next higher dollar, or (ii) the lesser of $50 or | ||||||
| 20 | 50% of the individual's weekly benefit amount, 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 the product of the statewide | ||||||
| 24 | average weekly wage multiplied by the sum of 40.8% 40.6% plus | ||||||
| 25 | the dependent child allowance rate, rounded (if not already a | ||||||
| 26 | multiple of one dollar) to the next higher dollar. | ||||||
| |||||||
| |||||||
| 1 | With respect to each benefit year beginning after calendar | ||||||
| 2 | year 2012, the dependent child allowance rate shall be the sum | ||||||
| 3 | of the allowance adjustment applicable pursuant to Section | ||||||
| 4 | 1400.1 to the calendar year in which the benefit year begins, | ||||||
| 5 | plus the dependent child allowance rate with respect to each | ||||||
| 6 | benefit year beginning in the immediately preceding calendar | ||||||
| 7 | year, except as otherwise provided in this subsection. The | ||||||
| 8 | dependent child allowance rate with respect to each benefit | ||||||
| 9 | year beginning in calendar year 2010 shall be 17.9%. The | ||||||
| 10 | dependent child allowance rate with respect to each benefit | ||||||
| 11 | year beginning in calendar year 2011 shall be 17.4%. The | ||||||
| 12 | dependent child allowance rate with respect to each benefit | ||||||
| 13 | year beginning in calendar year 2012 shall be 17.0% and, with | ||||||
| 14 | respect to each benefit year beginning after calendar year | ||||||
| 15 | 2012, 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 | ||||||
| |||||||
| |||||||
| 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; | ||||||
| 5 | and who, on the first day of such week (a) is under 18 years of | ||||||
| 6 | age, or (b) is, and has been during the immediately preceding | ||||||
| 7 | 90 days, unable to work because of illness or other | ||||||
| 8 | disability: provided, that no person who has been determined | ||||||
| 9 | to be a child of an individual who has been allowed benefits | ||||||
| 10 | with respect to a week in the individual's benefit year shall | ||||||
| 11 | be deemed to be a child of the other parent, and no other | ||||||
| 12 | person shall be determined to be a child of such other parent, | ||||||
| 13 | during the 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 | ||||||
| 16 | than 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 | ||||||
| 19 | less than 90 days) immediately preceding any week with respect | ||||||
| 20 | to 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 | ||||||
| |||||||
| |||||||
| 1 | than one-half the cost of supporting the child or nonworking | ||||||
| 2 | spouse for that period. | ||||||
| 3 | (II) (Blank). | ||||||
| 4 | (Source: P.A. 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; | ||||||
| 5 | 102-1105, eff. 1-1-23; 103-1059, eff. 12-20-24.) | ||||||
| 6 | (820 ILCS 405/403) (from Ch. 48, par. 403) | ||||||
| 7 | Sec. 403. Maximum total amount of benefits. | ||||||
| 8 | (I) A. With respect to any benefit year beginning prior to | ||||||
| 9 | September 30, 1979, any otherwise eligible individual shall be | ||||||
| 10 | entitled, during such benefit year, to a maximum total amount | ||||||
| 11 | of benefits as shall be determined in the manner set forth in | ||||||
| 12 | this Act as amended and in effect on November 9, 1977. | ||||||
| 13 | B. With respect to any benefit year beginning on or after | ||||||
| 14 | September 30, 1979, except as otherwise provided in this | ||||||
| 15 | Section, any otherwise eligible individual shall be entitled, | ||||||
| 16 | during such benefit year, to a maximum total amount of | ||||||
| 17 | benefits equal to 26 times the individual's weekly benefit | ||||||
| 18 | amount plus dependents' allowances, or to the total wages for | ||||||
| 19 | insured work paid to such individual during the individual's | ||||||
| 20 | base period, whichever amount is smaller. With respect to any | ||||||
| 21 | benefit year beginning in calendar year 2012, any otherwise | ||||||
| 22 | eligible individual shall be entitled, during such benefit | ||||||
| 23 | year, to a maximum total amount of benefits equal to 25 times | ||||||
| 24 | the individual's weekly benefit amount plus dependents' | ||||||
| 25 | allowances, or to the total wages for insured work paid to such | ||||||
| |||||||
| |||||||
| 1 | individual during the individual's base period, whichever | ||||||
| 2 | amount is smaller. With respect to any benefit year beginning | ||||||
| 3 | on or after January 1, 2029 2027 and before January 1, 2030 | ||||||
| 4 | 2028, any otherwise eligible individual shall be entitled, | ||||||
| 5 | during such benefit year, to a maximum total amount of | ||||||
| 6 | benefits equal to 24 23 times the individual's weekly benefit | ||||||
| 7 | amount plus dependents' allowances, or to the total wages for | ||||||
| 8 | insured work paid to such individual during the individual's | ||||||
| 9 | base period, whichever amount is smaller. | ||||||
| 10 | (II) (Blank). | ||||||
| 11 | (Source: P.A. 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; | ||||||
| 12 | 102-1105, eff. 1-1-23; 103-1059, eff. 12-20-24.) | ||||||
| 13 | (820 ILCS 405/700) (from Ch. 48, par. 450) | ||||||
| 14 | Sec. 700. Filing claims for benefits. | ||||||
| 15 | A. Claims for benefits shall be made in accordance with | ||||||
| 16 | such regulations as the Director may prescribe. Each employer | ||||||
| 17 | shall post and maintain printed statements concerning such | ||||||
| 18 | regulations or such other matters as the Director may by | ||||||
| 19 | regulation prescribe in places readily accessible to | ||||||
| 20 | individuals in such employer's service. Each employer shall | ||||||
| 21 | supply to such individuals copies of such printed statements | ||||||
| 22 | or materials relating to claims for benefits as the Director | ||||||
| 23 | may by regulation prescribe. Such printed statements shall be | ||||||
| 24 | supplied by the Director to each employer without cost to the | ||||||
| 25 | employer. | ||||||
| |||||||
| |||||||
| 1 | B. 1. When an employer employing 75 or more employees in | ||||||
| 2 | this State at any point in time during the calendar year | ||||||
| 3 | immediately preceding the calendar year in which a layoff or | ||||||
| 4 | separation occurs resulting in the separation of 50 or more | ||||||
| 5 | employees at a single site of employment, excluding part-time | ||||||
| 6 | employees as defined in subsection (e) of Section 5 of the | ||||||
| 7 | Illinois Worker Adjustment and Retraining Notification Act, | ||||||
| 8 | conducts such a layoff or separation, the employer shall | ||||||
| 9 | submit the name of each separated employee, each separated | ||||||
| 10 | employee's social security number, the beginning date of each | ||||||
| 11 | employee's separation, and, if applicable, the return to work | ||||||
| 12 | date for each such employee, to the Department in the secure | ||||||
| 13 | manner prescribed by the Department. Submissions required by | ||||||
| 14 | this subsection shall be sent to the Department as soon as | ||||||
| 15 | practicable prior to the beginning of any such separation. | ||||||
| 16 | 2. Submission of the information by an employer in | ||||||
| 17 | accordance with this subsection shall not be construed as a | ||||||
| 18 | determination of eligibility for unemployment insurance | ||||||
| 19 | benefits, and shall have no effect on an individual or | ||||||
| 20 | employing unit's rights or responsibilities as set forth in | ||||||
| 21 | this Act unless specifically stated. The Department may adopt | ||||||
| 22 | rules necessary to implement and administer this subsection. | ||||||
| 23 | The Department is authorized to enter into an appropriate | ||||||
| 24 | agreement with the Department of Commerce and Economic | ||||||
| 25 | Opportunity to provide information submitted under this | ||||||
| 26 | subsection to assist in the coordination of layoff response | ||||||
| |||||||
| |||||||
| 1 | activities. | ||||||
| 2 | 3. In no event shall this subsection apply to any employer | ||||||
| 3 | with respect to employees working in the construction industry | ||||||
| 4 | who are covered by a bona fide collective bargaining agreement | ||||||
| 5 | with a labor organization. | ||||||
| 6 | 4. For the purposes of this subsection: | ||||||
| 7 | "Construction industry" means any constructing, altering, | ||||||
| 8 | reconstructing, repairing, rehabilitating, refinishing, | ||||||
| 9 | refurbishing, remodeling, remediating, renovating, custom | ||||||
| 10 | fabricating, maintenance, landscaping, improving, wrecking, | ||||||
| 11 | painting, decorating, demolishing, and adding to or | ||||||
| 12 | subtracting from any building, structure, highway, roadway, | ||||||
| 13 | street, bridge, alley, sewer, ditch, sewage disposal plant, | ||||||
| 14 | water works, parking facility, railroad, excavation, or other | ||||||
| 15 | structure, project, development, or real property, or | ||||||
| 16 | improvement, or to any part thereof, including moving | ||||||
| 17 | construction-related materials on the job site to or from the | ||||||
| 18 | job site, snow plowing, snow removal, and refuse collection, | ||||||
| 19 | whether or not the performance of the work involves the | ||||||
| 20 | addition to, or fabrication into, any structure, project, | ||||||
| 21 | development, or real property, or improvement, of any material | ||||||
| 22 | or article of merchandise. | ||||||
| 23 | "Single site of employment" has the meaning set forth in | ||||||
| 24 | 56 Ill. Adm. Code 230.120. | ||||||
| 25 | (Source: Laws 1951, p. 32.) | ||||||
| |||||||
| |||||||
| 1 | (820 ILCS 405/1505) (from Ch. 48, par. 575) | ||||||
| 2 | Sec. 1505. Adjustment of state experience factor. | ||||||
| 3 | (I) A. For calendar years prior to 1988, the state | ||||||
| 4 | experience factor shall be adjusted in accordance with the | ||||||
| 5 | provisions of this Act as amended and in effect on November 18, | ||||||
| 6 | 2011. | ||||||
| 7 | B. (Blank). | ||||||
| 8 | C. For calendar year 1988 and each calendar year | ||||||
| 9 | thereafter, for which the state experience factor is being | ||||||
| 10 | determined. | ||||||
| 11 | 1. For every $50,000,000 (or fraction thereof) by | ||||||
| 12 | which the adjusted trust fund balance falls below the | ||||||
| 13 | target balance set forth in this subsection, the state | ||||||
| 14 | experience factor for the succeeding year shall be | ||||||
| 15 | increased one percent absolute. | ||||||
| 16 | For every $50,000,000 (or fraction thereof) by which | ||||||
| 17 | the adjusted trust fund balance exceeds the target balance | ||||||
| 18 | set forth in this subsection, the state experience factor | ||||||
| 19 | for the succeeding year shall be decreased by one percent | ||||||
| 20 | absolute. | ||||||
| 21 | The target balance in each calendar year prior to 2003 | ||||||
| 22 | is $750,000,000. The target balance in calendar year 2003 | ||||||
| 23 | is $920,000,000. The target balance in calendar year 2004 | ||||||
| 24 | is $960,000,000. The target balance in calendar year 2005 | ||||||
| 25 | and each calendar year through 2022 is $1,000,000,000. The | ||||||
| 26 | target balance in calendar year 2023 and each calendar | ||||||
| |||||||
| |||||||
| 1 | year thereafter is $1,750,000,000. | ||||||
| 2 | 2. For the purposes of this subsection: | ||||||
| 3 | "Net trust fund balance" is the amount standing to the | ||||||
| 4 | credit of this State's account in the unemployment trust | ||||||
| 5 | fund as of June 30 of the calendar year immediately | ||||||
| 6 | preceding the year for which a state experience factor is | ||||||
| 7 | being determined. | ||||||
| 8 | "Adjusted trust fund balance" is the net trust fund | ||||||
| 9 | balance minus the sum of the benefit reserves for fund | ||||||
| 10 | building for July 1, 1987 through June 30 of the year prior | ||||||
| 11 | to the year for which the state experience factor is being | ||||||
| 12 | determined. The adjusted trust fund balance shall not be | ||||||
| 13 | less than zero. If the preceding calculation results in a | ||||||
| 14 | number which is less than zero, the amount by which it is | ||||||
| 15 | less than zero shall reduce the sum of the benefit | ||||||
| 16 | reserves for fund building for subsequent years. | ||||||
| 17 | For the purpose of determining the state experience | ||||||
| 18 | factor for 1989 and for each calendar year thereafter, the | ||||||
| 19 | following "benefit reserves for fund building" shall apply | ||||||
| 20 | for each state experience factor calculation in which that | ||||||
| 21 | 12 month period is applicable: | ||||||
| 22 | a. For the 12 month period ending on June 30, 1988, | ||||||
| 23 | the "benefit reserve for fund building" shall be | ||||||
| 24 | 8/104th of the total benefits paid from January 1, | ||||||
| 25 | 1988 through June 30, 1988. | ||||||
| 26 | b. For the 12 month period ending on June 30, 1989, | ||||||
| |||||||
| |||||||
| 1 | the "benefit reserve for fund building" shall be the | ||||||
| 2 | sum of: | ||||||
| 3 | i. 8/104ths of the total benefits paid from | ||||||
| 4 | July 1, 1988 through December 31, 1988, plus | ||||||
| 5 | ii. 4/108ths of the total benefits paid from | ||||||
| 6 | January 1, 1989 through June 30, 1989. | ||||||
| 7 | c. For the 12 month period ending on June 30, 1990, | ||||||
| 8 | the "benefit reserve for fund building" shall be | ||||||
| 9 | 4/108ths of the total benefits paid from July 1, 1989 | ||||||
| 10 | through December 31, 1989. | ||||||
| 11 | d. For 1992 and for each calendar year thereafter, | ||||||
| 12 | the "benefit reserve for fund building" for the 12 | ||||||
| 13 | month period ending on June 30, 1991 and for each | ||||||
| 14 | subsequent 12 month period shall be zero. | ||||||
| 15 | 3. Notwithstanding the preceding provisions of this | ||||||
| 16 | subsection, for calendar years 1988 through 2003, the | ||||||
| 17 | state experience factor shall not be increased or | ||||||
| 18 | decreased by more than 15 percent absolute. | ||||||
| 19 | D. Notwithstanding the provisions of subsection C, the | ||||||
| 20 | adjusted state experience factor: | ||||||
| 21 | 1. Shall be 111 percent for calendar year 1988; | ||||||
| 22 | 2. Shall not be less than 75 percent nor greater than | ||||||
| 23 | 135 percent for calendar years 1989 through 2003; and | ||||||
| 24 | shall not be less than 75% nor greater than 150% for | ||||||
| 25 | calendar year 2004 and each calendar year thereafter, not | ||||||
| 26 | counting any increase pursuant to subsection D-1, D-2, or | ||||||
| |||||||
| |||||||
| 1 | D-3; | ||||||
| 2 | 3. Shall not be decreased by more than 5 percent | ||||||
| 3 | absolute for any calendar year, beginning in calendar year | ||||||
| 4 | 1989 and through calendar year 1992, by more than 6% | ||||||
| 5 | absolute for calendar years 1993 through 1995, by more | ||||||
| 6 | than 10% absolute for calendar years 1999 through 2003 and | ||||||
| 7 | by more than 12% absolute for calendar year 2004 and each | ||||||
| 8 | calendar year thereafter, from the adjusted state | ||||||
| 9 | experience factor of the calendar year preceding the | ||||||
| 10 | calendar year for which the adjusted state experience | ||||||
| 11 | factor is being determined; | ||||||
| 12 | 4. Shall not be increased by more than 15% absolute | ||||||
| 13 | for calendar year 1993, by more than 14% absolute for | ||||||
| 14 | calendar years 1994 and 1995, by more than 10% absolute | ||||||
| 15 | for calendar years 1999 through 2003 and by more than 16% | ||||||
| 16 | absolute for calendar year 2004 and each calendar year | ||||||
| 17 | thereafter, from the adjusted state experience factor for | ||||||
| 18 | the calendar year preceding the calendar year for which | ||||||
| 19 | the adjusted state experience factor is being determined; | ||||||
| 20 | 5. Shall be 100% for calendar years 1996, 1997, and | ||||||
| 21 | 1998. | ||||||
| 22 | D-1. The adjusted state experience factor for each of | ||||||
| 23 | calendar years 2013 through 2015 shall be increased by 5% | ||||||
| 24 | absolute above the adjusted state experience factor as | ||||||
| 25 | calculated without regard to this subsection. The adjusted | ||||||
| 26 | state experience factor for each of calendar years 2016 | ||||||
| |||||||
| |||||||
| 1 | through 2018 shall be increased by 6% absolute above the | ||||||
| 2 | adjusted state experience factor as calculated without regard | ||||||
| 3 | to this subsection. The increase in the adjusted state | ||||||
| 4 | experience factor for calendar year 2018 pursuant to this | ||||||
| 5 | subsection shall not be counted for purposes of applying | ||||||
| 6 | paragraph 3 or 4 of subsection D to the calculation of the | ||||||
| 7 | adjusted state experience factor for calendar year 2019. | ||||||
| 8 | D-2. (Blank). | ||||||
| 9 | D-3. The adjusted state experience factor for calendar | ||||||
| 10 | year 2029 2027 shall be increased by 20% absolute above the | ||||||
| 11 | adjusted state experience factor as calculated without regard | ||||||
| 12 | to this subsection. The increase in the adjusted state | ||||||
| 13 | experience factor for calendar year 2029 2027 pursuant to this | ||||||
| 14 | subsection shall not be counted for purposes of applying | ||||||
| 15 | paragraph 3 or 4 of subsection D to the calculation of the | ||||||
| 16 | adjusted state experience factor for calendar year 2030 2028. | ||||||
| 17 | D-4. The adjusted state experience factor for calendar | ||||||
| 18 | years beginning in 2024 shall be increased by 3% absolute | ||||||
| 19 | above the adjusted state experience factor as calculated | ||||||
| 20 | without regard to this subsection or subsection D-3. The | ||||||
| 21 | increase in the state experience factor provided for in this | ||||||
| 22 | subsection shall not be counted for purposes of applying | ||||||
| 23 | paragraph 3 or 4 of subsection D to the calculation of the | ||||||
| 24 | adjusted state experience factor for the following calendar | ||||||
| 25 | year. This subsection shall cease to be operative beginning | ||||||
| 26 | January 1 of the calendar year following the calendar year in | ||||||
| |||||||
| |||||||
| 1 | which the total amount of the transfers of funds provided for | ||||||
| 2 | in subsection B of Part (I) of Section 2101.1 equals the total | ||||||
| 3 | amount of the appropriation. | ||||||
| 4 | E. The amount standing to the credit of this State's | ||||||
| 5 | account in the unemployment trust fund as of June 30 shall be | ||||||
| 6 | deemed to include as part thereof (a) any amount receivable on | ||||||
| 7 | that date from any Federal governmental agency, or as a | ||||||
| 8 | payment in lieu of contributions under the provisions of | ||||||
| 9 | Sections 1403 and 1405 B and paragraph 2 of Section 302C, in | ||||||
| 10 | reimbursement of benefits paid to individuals, and (b) amounts | ||||||
| 11 | credited by the Secretary of the Treasury of the United States | ||||||
| 12 | to this State's account in the unemployment trust fund | ||||||
| 13 | pursuant to Section 903 of the Federal Social Security Act, as | ||||||
| 14 | amended, including any such amounts which have been | ||||||
| 15 | appropriated by the General Assembly in accordance with the | ||||||
| 16 | provisions of Section 2100 B for expenses of administration, | ||||||
| 17 | except any amounts which have been obligated on or before that | ||||||
| 18 | date pursuant to such appropriation. | ||||||
| 19 | (II) (Blank). | ||||||
| 20 | (Source: P.A. 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; | ||||||
| 21 | 102-1105, eff. 1-1-23; 103-1059, eff. 12-20-24.) | ||||||
| 22 | (820 ILCS 405/1506.6) | ||||||
| 23 | Sec. 1506.6. Surcharge; specified period. | ||||||
| 24 | (I) For each employer whose contribution rate for calendar | ||||||
| 25 | year 2029 2027 is determined pursuant to Section 1500 or | ||||||
| |||||||
| |||||||
| 1 | 1506.1, in addition to the contribution rate established | ||||||
| 2 | pursuant to Section 1506.3, an additional surcharge of 0.350% | ||||||
| 3 | shall be added to the contribution rate. The surcharge | ||||||
| 4 | established by this Section shall be due at the same time as | ||||||
| 5 | other contributions with respect to the quarter are due, as | ||||||
| 6 | provided in Section 1400. Payments attributable to the | ||||||
| 7 | surcharge established pursuant to this Section shall be | ||||||
| 8 | contributions and deposited into the clearing account. | ||||||
| 9 | (II) (Blank). | ||||||
| 10 | (Source: P.A. 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; | ||||||
| 11 | 102-1105, eff. 1-1-23; 103-1059, eff. 12-20-24.) | ||||||
| 12 | (820 ILCS 405/2800) (from Ch. 48, par. 780) | ||||||
| 13 | Sec. 2800. Violations and penalties. | ||||||
| 14 | A. It shall be unlawful for any person or employing unit | ||||||
| 15 | to-- | ||||||
| 16 | 1. Make a false statement or representation or fail to | ||||||
| 17 | disclose a material fact: | ||||||
| 18 | a. To obtain, or increase, or prevent, or reduce | ||||||
| 19 | any benefit or payment under the provisions of this | ||||||
| 20 | Act, or under the unemployment compensation law of any | ||||||
| 21 | State or the Federal Government, either for himself or | ||||||
| 22 | for any other person; or | ||||||
| 23 | b. To avoid or reduce any contribution or other | ||||||
| 24 | payment required from an employing unit under this | ||||||
| 25 | Act. | ||||||
| |||||||
| |||||||
| 1 | 2. Fail to pay a contribution due under the provisions | ||||||
| 2 | of this Act. | ||||||
| 3 | 3. Fail to furnish any report, audit, or information | ||||||
| 4 | duly required by the Director under this Act. | ||||||
| 5 | 4. Refuse to allow the Director or his duly authorized | ||||||
| 6 | representative to inspect or copy the pay roll or other | ||||||
| 7 | records or documents relative to the enforcement of this | ||||||
| 8 | Act or required by this Act. | ||||||
| 9 | 5. Make any deduction from the wages of any individual | ||||||
| 10 | in its employ because of its liability for the payment of | ||||||
| 11 | contributions required by this Act. | ||||||
| 12 | 6. Knowingly fail to furnish to any individual in its | ||||||
| 13 | employ any notice, report, or information duly required | ||||||
| 14 | under the provisions of this Act or the rules or | ||||||
| 15 | regulations of the Director. | ||||||
| 16 | 7. Attempt to induce any individual, directly or | ||||||
| 17 | indirectly (by promise of re-employment or by threat not | ||||||
| 18 | to employ or not to re-employ or by any other means), to | ||||||
| 19 | refrain from claiming or accepting benefits or to waive | ||||||
| 20 | any other rights under this Act; or to maintain a rehiring | ||||||
| 21 | policy which discriminates against former individuals in | ||||||
| 22 | its employ by reason of their having claimed benefits. | ||||||
| 23 | 8. Pay contributions upon wages for services not | ||||||
| 24 | rendered for such employing unit if the purpose of such | ||||||
| 25 | payment is either to reduce the amount of contributions | ||||||
| 26 | due or to become due from any employing unit or to affect | ||||||
| |||||||
| |||||||
| 1 | the benefit rights of any individual. | ||||||
| 2 | 9. Solicit, or aid or abet the solicitation of, | ||||||
| 3 | information from any individual concerning his place of | ||||||
| 4 | employment, residence, assets or earnings, by any means | ||||||
| 5 | which are intended to mislead such individual to believe | ||||||
| 6 | that the person or employing unit seeking such information | ||||||
| 7 | is the Department or one of its Divisions or branches, or a | ||||||
| 8 | representative thereof. | ||||||
| 9 | B. Except as provided in subsection C, any Any employing | ||||||
| 10 | unit or person who willfully violates any provision of this | ||||||
| 11 | Section or any other provision of this Act or any rule or | ||||||
| 12 | regulation promulgated thereunder, or does any act prohibited | ||||||
| 13 | by this Act, or who fails, neglects, or refuses to perform any | ||||||
| 14 | duty required by any provision of this Act or rule or | ||||||
| 15 | regulation of the Director, within the time prescribed by the | ||||||
| 16 | Director, for which no penalty has been specifically provided, | ||||||
| 17 | or who fails, neglects, or refuses to obey any lawful order | ||||||
| 18 | given or made by the Director, shall be guilty of a Class B | ||||||
| 19 | misdemeanor, and each such act, failure, neglect, or refusal | ||||||
| 20 | shall constitute a separate and distinct offense. An employing | ||||||
| 21 | unit's or person's willful filing of a fraudulent quarterly | ||||||
| 22 | wage report shall constitute a Class 4 felony if the amount of | ||||||
| 23 | contributions owed with respect to the quarter is less than | ||||||
| 24 | $300 and a Class 3 felony if the amount of contributions owed | ||||||
| 25 | with respect to the quarter is $300 or more. An employing | ||||||
| 26 | unit's or person's willful failure to honor a subpoena issued | ||||||
| |||||||
| |||||||
| 1 | by the Department shall constitute a Class 4 felony. If a | ||||||
| 2 | person or employing unit described in this Section is a | ||||||
| 3 | corporation, the president, the secretary, and the treasurer, | ||||||
| 4 | and any other officer exercising corresponding functions, | ||||||
| 5 | shall each be subject to the aforesaid penalties for the | ||||||
| 6 | violation of any provisions of this Section of which he or they | ||||||
| 7 | had or, in the exercise of his or their duties, ought to have | ||||||
| 8 | had knowledge, not including the provisions regarding the | ||||||
| 9 | filing of a fraudulent quarterly wage report or the willful | ||||||
| 10 | failure to honor a subpoena. | ||||||
| 11 | C. An employer that willfully fails to comply with the | ||||||
| 12 | requirements of subsection B of Section 700 may be subject to a | ||||||
| 13 | civil penalty of not more than $750 for each day of the | ||||||
| 14 | employer's violation after the separations begin to occur, as | ||||||
| 15 | determined by the Department. | ||||||
| 16 | (Source: P.A. 98-107, eff. 7-23-13.) | ||||||
| 17 | Section 99. Effective date. This Act takes effect January | ||||||
| 18 | 1, 2027.". | ||||||
