Bill Text: IL HB2643 | 2021-2022 | 102nd General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Identity Protection Act. Provides that social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act pursuant to the limitations and requirements of that Act. Amends the Department of Employment Security Law. Provides that the Department of Employment Security shall not disclose an individual's entire social security number in any correspondence physically mailed to an individual or entity. Requires the Department to develop a system of identifying information to be used instead of social security numbers. Amends the Unemployment Insurance Act. Authorizes benefits for certain academic personnel. Provides that when an individual has received benefits and been found to be ineligible for those benefits, the individual must be provided notice of his or her appeal rights. Limits recovery of benefits from persons who are ineligible if the receipt of benefits was without fault of the individual. Provides that, with the written consent of a claimant or employing unit and an agreement not to publicly disclose, the Director shall provide requested information related to a claim to a public officer or his or her agent. Effective immediately.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2021-06-25 - Public Act . . . . . . . . . 102-0026 [HB2643 Detail]
Download: Illinois-2021-HB2643-Enrolled.html
Bill Title: Amends the Identity Protection Act. Provides that social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act pursuant to the limitations and requirements of that Act. Amends the Department of Employment Security Law. Provides that the Department of Employment Security shall not disclose an individual's entire social security number in any correspondence physically mailed to an individual or entity. Requires the Department to develop a system of identifying information to be used instead of social security numbers. Amends the Unemployment Insurance Act. Authorizes benefits for certain academic personnel. Provides that when an individual has received benefits and been found to be ineligible for those benefits, the individual must be provided notice of his or her appeal rights. Limits recovery of benefits from persons who are ineligible if the receipt of benefits was without fault of the individual. Provides that, with the written consent of a claimant or employing unit and an agreement not to publicly disclose, the Director shall provide requested information related to a claim to a public officer or his or her agent. Effective immediately.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2021-06-25 - Public Act . . . . . . . . . 102-0026 [HB2643 Detail]
Download: Illinois-2021-HB2643-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Identity Protection Act is amended by | ||||||
5 | changing Section 10 as follows:
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6 | (5 ILCS 179/10)
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7 | Sec. 10. Prohibited activities. | ||||||
8 | (a) Beginning July 1, 2010, no person or State or local | ||||||
9 | government agency may do any of the following:
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10 | (1) Publicly post or publicly display in any manner an | ||||||
11 | individual's social security number.
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12 | (2) Print an individual's social security number on | ||||||
13 | any card required for the individual to access products or | ||||||
14 | services provided by the person or entity.
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15 | (3) Require an individual to transmit his or her | ||||||
16 | social security number over the Internet, unless the | ||||||
17 | connection is secure or the social security number is | ||||||
18 | encrypted.
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19 | (4) Print an individual's social security number on | ||||||
20 | any materials that are mailed to the individual, through | ||||||
21 | the U.S. Postal Service, any private mail service, | ||||||
22 | electronic mail, or any similar method of delivery, unless | ||||||
23 | State or federal law requires the social security number |
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1 | to be on the document to be mailed. Notwithstanding any | ||||||
2 | provision in this Section to the contrary, social security | ||||||
3 | numbers may be included in applications and forms sent by | ||||||
4 | mail, including, but not limited to, any material mailed | ||||||
5 | in connection with the administration of the Unemployment | ||||||
6 | Insurance Act pursuant to the limitations and requirements | ||||||
7 | of that Act , any material mailed in connection with any | ||||||
8 | tax administered by the Department of Revenue, and | ||||||
9 | documents sent as part of an application or enrollment | ||||||
10 | process or to establish, amend, or terminate an account, | ||||||
11 | contract, or policy or to confirm the accuracy of the | ||||||
12 | social security number. A social security number that may | ||||||
13 | permissibly be mailed under this Section may not be | ||||||
14 | printed, in whole or in part, on a postcard or other mailer | ||||||
15 | that does not require an envelope or be visible on an | ||||||
16 | envelope without the envelope having been opened.
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17 | (b) Except as otherwise provided in this Act, beginning | ||||||
18 | July 1, 2010, no person or State or local government agency may | ||||||
19 | do any of the following:
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20 | (1) Collect, use, or disclose a social security number | ||||||
21 | from an individual, unless (i) required to do so under | ||||||
22 | State or federal law, rules, or regulations, or the | ||||||
23 | collection, use, or disclosure of the social security | ||||||
24 | number is otherwise necessary for the performance of that | ||||||
25 | agency's duties and responsibilities; (ii) the need and | ||||||
26 | purpose for the social security number is documented |
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1 | before collection of the social security number; and (iii) | ||||||
2 | the social security number collected is relevant to the | ||||||
3 | documented need and purpose.
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4 | (2) Require an individual to use his or her social | ||||||
5 | security number to access an Internet website.
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6 | (3) Use the social security number for any purpose | ||||||
7 | other than the purpose for which it was collected.
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8 | (c) The prohibitions in subsection (b) do not apply in the | ||||||
9 | following circumstances:
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10 | (1) The disclosure of social security numbers to | ||||||
11 | agents, employees, contractors, or subcontractors of a | ||||||
12 | governmental entity or disclosure by a governmental entity | ||||||
13 | to another governmental entity or its agents, employees, | ||||||
14 | contractors, or subcontractors if disclosure is necessary | ||||||
15 | in order for the entity to perform its duties and | ||||||
16 | responsibilities; and, if disclosing to a contractor or | ||||||
17 | subcontractor, prior to such disclosure, the governmental | ||||||
18 | entity must first receive from the contractor or | ||||||
19 | subcontractor a copy of the contractor's or | ||||||
20 | subcontractor's policy that sets forth how the | ||||||
21 | requirements imposed under this Act on a governmental | ||||||
22 | entity to protect an individual's social security number | ||||||
23 | will be achieved.
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24 | (2) The disclosure of social security numbers pursuant | ||||||
25 | to a court order, warrant, or subpoena.
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26 | (3) The collection, use, or disclosure of social |
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1 | security numbers in order to ensure the safety of: State | ||||||
2 | and local government employees; persons committed to | ||||||
3 | correctional facilities, local jails, and other | ||||||
4 | law-enforcement facilities or retention centers; wards of | ||||||
5 | the State; youth in care as defined in Section 4d of the | ||||||
6 | Children and Family Services Act, and all persons working | ||||||
7 | in or visiting a State or local government agency | ||||||
8 | facility.
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9 | (4) The collection, use, or disclosure of social | ||||||
10 | security numbers for internal verification or | ||||||
11 | administrative purposes.
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12 | (5) The disclosure of social security numbers by a | ||||||
13 | State agency to any entity for the collection of | ||||||
14 | delinquent child support or of any State debt or to a | ||||||
15 | governmental agency to assist with an investigation or the | ||||||
16 | prevention of fraud.
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17 | (6) The collection or use of social security numbers | ||||||
18 | to investigate or prevent fraud, to conduct background | ||||||
19 | checks, to collect a debt, to obtain a credit report from a | ||||||
20 | consumer reporting agency under the federal Fair Credit | ||||||
21 | Reporting Act, to undertake any permissible purpose that | ||||||
22 | is enumerated under the federal Gramm-Leach-Bliley Act, or | ||||||
23 | to locate a missing person, a lost relative, or a person | ||||||
24 | who is due a benefit, such as a pension benefit or an | ||||||
25 | unclaimed property benefit.
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26 | (d) If any State or local government agency has adopted |
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1 | standards for the collection, use, or disclosure of social | ||||||
2 | security numbers that are stricter than the standards under | ||||||
3 | this Act with respect to the protection of those social | ||||||
4 | security numbers, then, in the event of any conflict with the | ||||||
5 | provisions of this Act, the stricter standards adopted by the | ||||||
6 | State or local government agency shall control.
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7 | (Source: P.A. 100-159, eff. 8-18-17.)
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8 | Section 10. The Department of Employment Security Law of | ||||||
9 | the
Civil Administrative Code of Illinois is amended by adding | ||||||
10 | Section 1005-55 as follows:
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11 | (20 ILCS 1005/1005-55 new) | ||||||
12 | Sec. 1005-55. Social security numbers; disclosure | ||||||
13 | prohibited. Except as required under State or federal law, the | ||||||
14 | Department shall not disclose an individual's entire social | ||||||
15 | security number in any correspondence physically mailed to an | ||||||
16 | individual or entity. The Department shall develop a process | ||||||
17 | that allows for identifying information other than an | ||||||
18 | individual's entire social security number to be used in | ||||||
19 | correspondence. This Section does not apply to electronic data | ||||||
20 | sharing pursuant to a written agreement containing appropriate | ||||||
21 | security and confidentiality provisions or to an individual's | ||||||
22 | or entity's access to information in the individual's or | ||||||
23 | entity's secure account in the Department's databases.
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1 | Section 15. The Unemployment Insurance Act is amended by | ||||||
2 | changing Sections 612, 900, and 1900 as follows:
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3 | (820 ILCS 405/612) (from Ch. 48, par. 442)
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4 | Sec. 612. Academic personnel - ineligibility between | ||||||
5 | academic years or
terms. | ||||||
6 | A. Benefits based on wages for services which are | ||||||
7 | employment under the
provisions
of Sections 211.1, 211.2, and | ||||||
8 | 302C shall be payable in the same amount,
on the same terms, | ||||||
9 | and subject to the same conditions as benefits payable
on the | ||||||
10 | basis of wages for other services which are employment under | ||||||
11 | this
Act; except that:
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12 | 1. An individual shall be ineligible for
benefits, on | ||||||
13 | the basis of wages for employment in an instructional, | ||||||
14 | research,
or principal administrative capacity performed | ||||||
15 | for an institution of higher
education, for any week which | ||||||
16 | begins during the period between two successive
academic | ||||||
17 | years, or during a similar period between two regular | ||||||
18 | terms, whether
or not successive, or during a period of | ||||||
19 | paid sabbatical leave provided
for in the individual's | ||||||
20 | contract, if the individual has a
contract or contracts to | ||||||
21 | perform services in any such capacity for any
institution
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22 | or institutions of higher education for both such academic | ||||||
23 | years or both such
terms.
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24 | This paragraph 1 shall apply with respect to any week | ||||||
25 | which begins prior
to January 1, 1978.
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1 | 2. An individual shall be ineligible for benefits, on | ||||||
2 | the basis of wages
for service in employment in any | ||||||
3 | capacity other than those referred to in
paragraph 1, | ||||||
4 | performed for an institution of higher learning, for
any | ||||||
5 | week which begins after September 30, 1983, during a | ||||||
6 | period between
two successive academic years or terms, if | ||||||
7 | the individual performed such
service in the first of such | ||||||
8 | academic years or terms and there is a reasonable
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9 | assurance
that the individual will perform such service in | ||||||
10 | the second of such academic
years or terms.
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11 | 3. An individual shall be ineligible for benefits, on | ||||||
12 | the basis of
wages for service in employment in any | ||||||
13 | capacity other than those referred
to in paragraph 1, | ||||||
14 | performed for an institution of higher education, for
any | ||||||
15 | week which begins after January 5, 1985, during an | ||||||
16 | established and
customary vacation period or holiday | ||||||
17 | recess, if the individual performed
such service in the | ||||||
18 | period immediately before such vacation period or
holiday | ||||||
19 | recess and there is a reasonable assurance that the | ||||||
20 | individual will
perform such service in the period | ||||||
21 | immediately following such vacation
period or holiday | ||||||
22 | recess.
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23 | B. Benefits based on wages for services which are | ||||||
24 | employment under the
provisions of Sections 211.1 and 211.2 | ||||||
25 | shall be payable in the same amount,
on the same terms, and | ||||||
26 | subject to the same conditions, as benefits payable
on the |
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1 | basis
of wages for other services which are employment under | ||||||
2 | this Act, except that:
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3 | 1. An individual shall be ineligible for benefits, on | ||||||
4 | the basis of wages
for service in employment
in an | ||||||
5 | instructional, research, or principal administrative | ||||||
6 | capacity performed
for an educational institution, for any | ||||||
7 | week which begins after December
31, 1977, during a period | ||||||
8 | between two successive academic years, or during
a similar | ||||||
9 | period between two regular terms, whether or not | ||||||
10 | successive, or
during a period of paid sabbatical leave | ||||||
11 | provided for in the individual's
contract, if the | ||||||
12 | individual performed such service in the first of such
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13 | academic years (or terms) and if there is a contract or a | ||||||
14 | reasonable assurance
that the individual will perform | ||||||
15 | service in any such capacity for any
educational
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16 | institution in the second of such academic years (or | ||||||
17 | terms).
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18 | 2. An individual shall be ineligible for benefits, on | ||||||
19 | the basis of wages
for service in employment in any | ||||||
20 | capacity other than those referred to in
paragraph 1, | ||||||
21 | performed for an educational institution,
for any week | ||||||
22 | which
begins after December 31, 1977, during a period | ||||||
23 | between two successive academic
years or terms, if the | ||||||
24 | individual performed such service in the first of
such | ||||||
25 | academic years or terms and there is a reasonable | ||||||
26 | assurance that the
individual will perform such service in |
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1 | the second of such academic years or
terms.
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2 | 3. An individual shall be ineligible for benefits, on | ||||||
3 | the basis of
wages for service in employment in any | ||||||
4 | capacity performed for an
educational institution, for any | ||||||
5 | week which begins after January 5, 1985,
during an | ||||||
6 | established and customary vacation period or holiday | ||||||
7 | recess, if
the individual performed such service in the | ||||||
8 | period immediately before such
vacation period or holiday | ||||||
9 | recess and there is a reasonable assurance that
the | ||||||
10 | individual will perform such service in the period | ||||||
11 | immediately
following such vacation period or holiday | ||||||
12 | recess.
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13 | 4. An individual shall be ineligible for benefits on | ||||||
14 | the basis of wages
for service in employment in any | ||||||
15 | capacity performed in an educational
institution while in | ||||||
16 | the employ of an educational service agency
for any week | ||||||
17 | which begins after January 5, 1985, (a) during a period
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18 | between two successive academic years or terms, if the | ||||||
19 | individual performed
such service in the first of such | ||||||
20 | academic years or terms and there is
a reasonable | ||||||
21 | assurance that the individual will perform such service in
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22 | the second of such academic years or terms; and (b) during | ||||||
23 | an established
and customary vacation period or holiday | ||||||
24 | recess, if the individual performed
such service in the | ||||||
25 | period immediately before such vacation period or holiday
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26 | recess and there is a reasonable assurance that the |
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1 | individual will perform
such service in the period | ||||||
2 | immediately following such vacation period or
holiday | ||||||
3 | recess.
The term "educational service agency" means a | ||||||
4 | governmental agency or
governmental
entity which is | ||||||
5 | established and operated exclusively for the purpose of
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6 | providing such services to one or more educational | ||||||
7 | institutions.
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8 | C. 1. If benefits are denied to any individual under the | ||||||
9 | provisions of
paragraph
2 of either subsection A or B of this | ||||||
10 | Section for any week which begins
on or after September 3, 1982 | ||||||
11 | and such individual is not offered a bona
fide opportunity to | ||||||
12 | perform such services for the educational institution
for the | ||||||
13 | second of such academic years or terms, such individual shall | ||||||
14 | be
entitled to a retroactive payment of benefits for each week | ||||||
15 | for which the
individual filed a timely claim for benefits as | ||||||
16 | determined by the rules
and regulations issued by the Director | ||||||
17 | for the filing of claims for benefits,
provided that such | ||||||
18 | benefits were denied solely because of the provisions
of | ||||||
19 | paragraph 2 of either subsection A or B of this Section.
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20 | 2. If benefits on the basis of wages for service in | ||||||
21 | employment in
other than an instructional, research, or | ||||||
22 | principal administrative capacity
performed in an educational | ||||||
23 | institution while in the employ of an
educational service | ||||||
24 | agency are denied to any individual under the
provisions of | ||||||
25 | subparagraph (a) of paragraph 4 of subsection B and such
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26 | individual is not offered a bona fide opportunity to perform |
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1 | such services
in an educational institution while in the | ||||||
2 | employ of an educational service
agency for the second of such | ||||||
3 | academic years or terms, such individual
shall be entitled to | ||||||
4 | a retroactive payment of benefits for each week for
which the | ||||||
5 | individual filed a timely claim for benefits as determined by | ||||||
6 | the
rules and regulations issued by the Director for the | ||||||
7 | filing of claims for
benefits, provided that such benefits | ||||||
8 | were denied solely because
of subparagraph (a) of paragraph 4 | ||||||
9 | of subsection B of this Section.
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10 | D. Notwithstanding any other provision in this Section or | ||||||
11 | paragraph 2 of subsection C of Section 500 to the contrary, | ||||||
12 | with respect to a week of unemployment beginning on or after | ||||||
13 | March 15, 2020, and before September 4, 2021, (including any | ||||||
14 | week of unemployment beginning on or after January 1, 2021 and | ||||||
15 | on or before the effective date of this amendatory Act of the | ||||||
16 | 102nd General Assembly) December 31, 2020 , benefits shall be | ||||||
17 | payable to an individual on the basis of wages for employment | ||||||
18 | in other than an instructional, research, or principal | ||||||
19 | administrative capacity performed for an educational | ||||||
20 | institution or an educational service agency under any of the | ||||||
21 | circumstances described in this Section, to the extent | ||||||
22 | permitted under Section 3304(a)(6) of the Federal Unemployment | ||||||
23 | Tax Act, as long as the individual is otherwise eligible for | ||||||
24 | benefits. | ||||||
25 | (Source: P.A. 101-633, eff. 6-5-20.)
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1 | (820 ILCS 405/900) (from Ch. 48, par. 490)
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2 | Sec. 900. Recoupment.) | ||||||
3 | A. Whenever an individual has received any
sum as benefits | ||||||
4 | for which he or she is found to have been ineligible, the | ||||||
5 | individual must be provided written notice of his or her | ||||||
6 | appeal rights, including the ability to request waiver of any | ||||||
7 | recoupment ordered and the standard for such waiver to be | ||||||
8 | granted. Thereafter, the
amount thereof may be recovered by | ||||||
9 | suit in the name of the People of the
State of Illinois, or, | ||||||
10 | from benefits payable to him, may be recouped:
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11 | 1. At any time, if, to receive such sum, he knowingly | ||||||
12 | made a false
statement or knowingly failed to disclose a | ||||||
13 | material fact.
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14 | 2. Within 3 years from any date prior to January 1,
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15 | 1984, on which he has been found to have been
ineligible | ||||||
16 | for any other reason, pursuant to a reconsidered finding | ||||||
17 | or a
reconsidered determination, or pursuant to the | ||||||
18 | decision of a Referee
(or of the Director or his | ||||||
19 | representative under Section 604) which modifies
or sets | ||||||
20 | aside a finding or a reconsidered finding or a | ||||||
21 | determination or
a reconsidered determination; or within 5 | ||||||
22 | years from any date
after December 31, 1983, on which he | ||||||
23 | has been
found to have been ineligible for
any other | ||||||
24 | reason, pursuant to a reconsidered finding or a | ||||||
25 | reconsidered
determination, or pursuant to the decision of | ||||||
26 | a Referee (or of the Director
or his representative under |
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1 | Section 604) which modifies or sets aside a
finding or a | ||||||
2 | reconsidered finding or a determination or a reconsidered
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3 | determination. Recoupment pursuant to the provisions of
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4 | this paragraph from benefits payable to an individual for | ||||||
5 | any week may be
waived upon the individual's request, if | ||||||
6 | the sum referred to in paragraph
A was received by the | ||||||
7 | individual without fault on his part and if such
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8 | recoupment would be against equity and good conscience. | ||||||
9 | Such waiver may be
denied with respect to any subsequent | ||||||
10 | week if, in that week, the facts and
circumstances upon | ||||||
11 | which waiver was based no longer exist.
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12 | Recovery by suit in the name of the People of the State of | ||||||
13 | Illinois, recoupment pursuant to paragraph 2 of this | ||||||
14 | subsection A from benefits payable to an individual for any | ||||||
15 | week, and, notwithstanding any provision to the contrary in | ||||||
16 | the Illinois State Collection Act of 1986, withholding | ||||||
17 | pursuant to subsection E shall be permanently waived if the | ||||||
18 | sum referred to in this subsection A was received by the | ||||||
19 | individual without fault on his or her part and if such | ||||||
20 | recoupment would be against equity and good conscience, and | ||||||
21 | the sum referred to in this subsection A was received by the | ||||||
22 | individual on or after March 8, 2020, but prior to the last day | ||||||
23 | of a disaster period established by the gubernatorial disaster | ||||||
24 | proclamation in response to COVID-19, dated March 9, 2020, and | ||||||
25 | any consecutive gubernatorial disaster proclamation in | ||||||
26 | response to COVID-19. To be eligible for permanent waiver |
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1 | under this paragraph, an individual must request a waiver | ||||||
2 | pursuant to this paragraph within 45 days of the mailing date | ||||||
3 | of the notice from the Department that the individual may | ||||||
4 | request a waiver. A determination under this paragraph may be | ||||||
5 | appealed to a Referee within the time limits prescribed by | ||||||
6 | Section 800 for an appeal from a determination. Any such | ||||||
7 | appeal, and any appeal from the Referee's decision thereon, | ||||||
8 | shall be governed by the applicable provisions of Sections | ||||||
9 | 801, 803, 804, and 805. This paragraph shall not apply with | ||||||
10 | respect to benefits that are received pursuant to any program | ||||||
11 | that the Department administers as an agent of the federal | ||||||
12 | government and for which the individual is found to have been | ||||||
13 | ineligible. | ||||||
14 | B. Whenever the claims adjudicator referred to in Section | ||||||
15 | 702
decides that any sum received by a claimant as benefits | ||||||
16 | shall be
recouped, or denies recoupment waiver requested by | ||||||
17 | the claimant, he shall
promptly notify the claimant of his | ||||||
18 | decision and the
reasons therefor. The decision and the notice | ||||||
19 | thereof shall state the
amount to be recouped, the weeks with | ||||||
20 | respect to which such sum was
received by the claimant, and the | ||||||
21 | time within which it may be recouped and,
as the case may be, | ||||||
22 | the reasons for denial of recoupment waiver.
The claims | ||||||
23 | adjudicator may reconsider his decision within one year after
| ||||||
24 | the date when the decision was made. Such decision or | ||||||
25 | reconsidered
decision may be appealed to a Referee within the | ||||||
26 | time limits prescribed
by Section 800 for appeal from a |
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1 | determination. Any such appeal, and
any appeal from the | ||||||
2 | Referee's decision thereon, shall be governed by the
| ||||||
3 | applicable provisions of Sections 801, 803, 804 and 805. No | ||||||
4 | recoupment
shall be begun until the expiration of the time | ||||||
5 | limits prescribed by
Section 800 of this Act or, if an appeal | ||||||
6 | has been filed, until the
decision of a Referee has been made | ||||||
7 | thereon affirming the decision of
the Claims Adjudicator.
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8 | C. Any sums recovered under the provisions of this Section | ||||||
9 | shall be
treated as repayments to the Department of sums | ||||||
10 | improperly obtained by the
claimant.
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11 | D. Whenever, by reason of a back pay award made by any | ||||||
12 | governmental
agency or pursuant to arbitration proceedings, or | ||||||
13 | by reason of a payment
of wages wrongfully withheld by an | ||||||
14 | employing unit, an individual has
received wages for weeks | ||||||
15 | with respect to which he has received benefits,
the amount of | ||||||
16 | such benefits may be recouped or otherwise recovered as
herein | ||||||
17 | provided. An employing unit making a back pay award to an
| ||||||
18 | individual for weeks with respect to which the individual has | ||||||
19 | received
benefits shall make the back pay award by check | ||||||
20 | payable jointly to the
individual and to the Department.
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21 | E. The amount recouped pursuant to paragraph 2 of | ||||||
22 | subsection A from
benefits payable to an individual for any | ||||||
23 | week shall not exceed 25% of
the individual's weekly benefit | ||||||
24 | amount.
| ||||||
25 | In addition to the remedies provided by this Section, when | ||||||
26 | an
individual has received any sum as benefits for which he is |
| |||||||
| |||||||
1 | found to be
ineligible, the Director may request the | ||||||
2 | Comptroller to withhold such sum
in accordance with Section | ||||||
3 | 10.05 of the State Comptroller Act and the Director may | ||||||
4 | request the Secretary of the Treasury to withhold such sum to | ||||||
5 | the extent allowed by and in accordance with Section 6402(f) | ||||||
6 | of the federal Internal Revenue Code of 1986, as amended. | ||||||
7 | Benefits
paid pursuant to this Act shall not be subject to such | ||||||
8 | withholding. Where the Director requests withholding by the | ||||||
9 | Secretary of the Treasury pursuant to this Section, in | ||||||
10 | addition to the amount of benefits for which the individual | ||||||
11 | has been found ineligible, the individual shall be liable for | ||||||
12 | any legally authorized administrative fee assessed by the | ||||||
13 | Secretary, with such fee to be added to the amount to be | ||||||
14 | withheld by the Secretary.
| ||||||
15 | (Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
| ||||||
16 | (820 ILCS 405/1900) (from Ch. 48, par. 640)
| ||||||
17 | Sec. 1900. Disclosure of information.
| ||||||
18 | A. Except as provided in this Section, information | ||||||
19 | obtained from any
individual or employing unit during the | ||||||
20 | administration of this Act shall:
| ||||||
21 | 1. be confidential,
| ||||||
22 | 2. not be published or open to public inspection,
| ||||||
23 | 3. not be used in any court in any pending action or | ||||||
24 | proceeding,
| ||||||
25 | 4. not be admissible in evidence in any action or |
| |||||||
| |||||||
1 | proceeding other than
one arising out of this Act.
| ||||||
2 | B. No finding, determination, decision, ruling or order | ||||||
3 | (including
any finding of fact, statement or conclusion made | ||||||
4 | therein) issued pursuant
to this Act shall be admissible or | ||||||
5 | used in evidence in any action other than
one arising out of | ||||||
6 | this Act, nor shall it be binding or conclusive except
as | ||||||
7 | provided in this Act, nor shall it constitute res judicata, | ||||||
8 | regardless
of whether the actions were between the same or | ||||||
9 | related parties or involved
the same facts.
| ||||||
10 | C. Any officer or employee of this State, any officer or | ||||||
11 | employee of any
entity authorized to obtain information | ||||||
12 | pursuant to this Section, and any
agent of this State or of | ||||||
13 | such entity
who, except with authority of
the Director under | ||||||
14 | this Section or as authorized pursuant to subsection P-1 , | ||||||
15 | shall disclose information shall be guilty
of a Class B | ||||||
16 | misdemeanor and shall be disqualified from holding any
| ||||||
17 | appointment or employment by the State.
| ||||||
18 | D. An individual or his duly authorized agent may be | ||||||
19 | supplied with
information from records only to the extent | ||||||
20 | necessary for the proper
presentation of his claim for | ||||||
21 | benefits or with his existing or prospective
rights to | ||||||
22 | benefits. Discretion to disclose this information belongs
| ||||||
23 | solely to the Director and is not subject to a release or | ||||||
24 | waiver by the
individual.
Notwithstanding any other provision | ||||||
25 | to the contrary, an individual or his or
her duly authorized | ||||||
26 | agent may be supplied with a statement of the amount of
|
| |||||||
| |||||||
1 | benefits paid to the individual during the 18 months preceding | ||||||
2 | the date of his
or her request.
| ||||||
3 | E. An employing unit may be furnished with information, | ||||||
4 | only if deemed by
the Director as necessary to enable it to | ||||||
5 | fully discharge its obligations or
safeguard its rights under | ||||||
6 | the Act. Discretion to disclose this information
belongs | ||||||
7 | solely to the Director and is not subject to a release or | ||||||
8 | waiver by the
employing unit.
| ||||||
9 | F. The Director may furnish any information that he may | ||||||
10 | deem proper to
any public officer or public agency of this or | ||||||
11 | any other State or of the
federal government dealing with:
| ||||||
12 | 1. the administration of relief,
| ||||||
13 | 2. public assistance,
| ||||||
14 | 3. unemployment compensation,
| ||||||
15 | 4. a system of public employment offices,
| ||||||
16 | 5. wages and hours of employment, or
| ||||||
17 | 6. a public works program.
| ||||||
18 | The Director may make available to the Illinois Workers' | ||||||
19 | Compensation Commission
information regarding employers for | ||||||
20 | the purpose of verifying the insurance
coverage required under | ||||||
21 | the Workers' Compensation Act and Workers'
Occupational | ||||||
22 | Diseases Act.
| ||||||
23 | G. The Director may disclose information submitted by the | ||||||
24 | State or any
of its political subdivisions, municipal | ||||||
25 | corporations, instrumentalities,
or school or community | ||||||
26 | college districts, except for information which
specifically |
| |||||||
| |||||||
1 | identifies an individual claimant.
| ||||||
2 | H. The Director shall disclose only that information | ||||||
3 | required to be
disclosed under Section 303 of the Social | ||||||
4 | Security Act, as amended, including:
| ||||||
5 | 1. any information required to be given the United | ||||||
6 | States Department of
Labor under Section 303(a)(6); and
| ||||||
7 | 2. the making available upon request to any agency of | ||||||
8 | the United States
charged with the administration of | ||||||
9 | public works or assistance through
public employment, the | ||||||
10 | name, address, ordinary occupation and employment
status | ||||||
11 | of each recipient of unemployment compensation, and a | ||||||
12 | statement of
such recipient's right to further | ||||||
13 | compensation under such law as required
by Section | ||||||
14 | 303(a)(7); and
| ||||||
15 | 3. records to make available to the Railroad | ||||||
16 | Retirement Board as
required by Section 303(c)(1); and
| ||||||
17 | 4. information that will assure reasonable cooperation | ||||||
18 | with every agency
of the United States charged with the | ||||||
19 | administration of any unemployment
compensation law as | ||||||
20 | required by Section 303(c)(2); and
| ||||||
21 | 5. information upon request and on a reimbursable | ||||||
22 | basis to the United
States Department of Agriculture and | ||||||
23 | to any State food stamp agency
concerning any information | ||||||
24 | required to be furnished by Section 303(d); and
| ||||||
25 | 6. any wage information upon request and on a | ||||||
26 | reimbursable basis
to any State or local child support |
| |||||||
| |||||||
1 | enforcement agency required by
Section 303(e); and
| ||||||
2 | 7. any information required under the income | ||||||
3 | eligibility and
verification system as required by Section | ||||||
4 | 303(f); and
| ||||||
5 | 8. information that might be useful in locating an | ||||||
6 | absent parent or that
parent's employer, establishing | ||||||
7 | paternity or establishing, modifying, or
enforcing child | ||||||
8 | support orders
for the purpose of a child support | ||||||
9 | enforcement program
under Title IV of the Social Security | ||||||
10 | Act upon the request of
and on a reimbursable basis to
the | ||||||
11 | public
agency administering the Federal Parent Locator | ||||||
12 | Service as required by
Section 303(h); and
| ||||||
13 | 9. information, upon request, to representatives of | ||||||
14 | any federal, State
or local governmental public housing | ||||||
15 | agency with respect to individuals who
have signed the | ||||||
16 | appropriate consent form approved by the Secretary of | ||||||
17 | Housing
and Urban Development and who are applying for or | ||||||
18 | participating in any housing
assistance program | ||||||
19 | administered by the United States Department of Housing | ||||||
20 | and
Urban Development as required by Section 303(i).
| ||||||
21 | I. The Director, upon the request of a public agency of | ||||||
22 | Illinois, of the
federal government or of any other state | ||||||
23 | charged with the investigation or
enforcement of Section 10-5 | ||||||
24 | of the Criminal Code of 2012 (or a similar
federal law or | ||||||
25 | similar law of another State), may furnish the public agency
| ||||||
26 | information regarding the individual specified in the request |
| |||||||
| |||||||
1 | as to:
| ||||||
2 | 1. the current or most recent home address of the | ||||||
3 | individual, and
| ||||||
4 | 2. the names and addresses of the individual's | ||||||
5 | employers.
| ||||||
6 | J. Nothing in this Section shall be deemed to interfere | ||||||
7 | with the
disclosure of certain records as provided for in | ||||||
8 | Section 1706 or with the
right to make available to the | ||||||
9 | Internal Revenue Service of the United
States Department of | ||||||
10 | the Treasury, or the Department of Revenue of the
State of | ||||||
11 | Illinois, information obtained under this Act. With respect to | ||||||
12 | each benefit claim that appears to have been filed other than | ||||||
13 | by the individual in whose name the claim was filed or by the | ||||||
14 | individual's authorized agent and with respect to which | ||||||
15 | benefits were paid during the prior calendar year, the | ||||||
16 | Director shall annually report to the Department of Revenue | ||||||
17 | information that is in the Director's possession and may | ||||||
18 | assist in avoiding negative income tax consequences for the | ||||||
19 | individual in whose name the claim was filed.
| ||||||
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 |
| |||||||
| |||||||
1 | Retirement System, the
Teachers' Retirement System of the | ||||||
2 | State of Illinois, and the Department of Central Management | ||||||
3 | Services, Risk Management Division, upon request,
information | ||||||
4 | in the possession of the Department that may be necessary or | ||||||
5 | useful
to the System or the Risk Management Division for the | ||||||
6 | purpose of determining whether any recipient of a
disability | ||||||
7 | benefit from the System or a workers' compensation benefit | ||||||
8 | from the Risk Management Division is gainfully employed.
| ||||||
9 | M. This Section shall be applicable to the information | ||||||
10 | obtained in the
administration of the State employment | ||||||
11 | service, except that the Director
may publish or release | ||||||
12 | general labor market information and may furnish
information | ||||||
13 | that he may deem proper to an individual, public officer or
| ||||||
14 | public agency of this or any other State or the federal | ||||||
15 | government (in
addition to those public officers or public | ||||||
16 | agencies specified in this
Section) as he prescribes by Rule.
| ||||||
17 | N. The Director may require such safeguards as he deems | ||||||
18 | proper to insure
that information disclosed pursuant to this | ||||||
19 | Section is used only for the
purposes set forth in this | ||||||
20 | Section.
| ||||||
21 | O. Nothing in this Section prohibits communication with an | ||||||
22 | individual or entity through unencrypted e-mail or other | ||||||
23 | unencrypted electronic means as long as the communication does | ||||||
24 | not contain the individual's or entity's name in combination | ||||||
25 | with any one or more of the individual's or entity's entire or | ||||||
26 | partial social security number; driver's license or State |
| |||||||
| |||||||
1 | identification number; credit or debit card number; or any | ||||||
2 | required security code, access code, or password that would | ||||||
3 | permit access to further information pertaining to the | ||||||
4 | individual or entity.
| ||||||
5 | P. (Blank). | ||||||
6 | P-1. With the express written consent of a claimant or
| ||||||
7 | employing unit and an agreement not to publicly disclose, the | ||||||
8 | Director shall provide requested information related to a | ||||||
9 | claim
to an elected official performing constituent services | ||||||
10 | or his or her agent.
| ||||||
11 | Q. The Director shall make available to an elected federal
| ||||||
12 | official the name and address of an individual or entity that | ||||||
13 | is located within
the jurisdiction from which the official was | ||||||
14 | elected and that, for the most
recently completed calendar | ||||||
15 | year, has reported to the Department as paying
wages to | ||||||
16 | workers, where the information will be used in connection with | ||||||
17 | the
official duties of the official and the official requests | ||||||
18 | the information in
writing, specifying the purposes for which | ||||||
19 | it will be used.
For purposes of this subsection, the use of | ||||||
20 | information in connection with the
official duties of an | ||||||
21 | official does not include use of the information in
connection | ||||||
22 | with the solicitation of contributions or expenditures, in | ||||||
23 | money or
in kind, to or on behalf of a candidate for public or | ||||||
24 | political office or a
political party or with respect to a | ||||||
25 | public question, as defined in Section 1-3
of the Election | ||||||
26 | Code, or in connection with any commercial solicitation. Any
|
| |||||||
| |||||||
1 | elected federal official who, in submitting a request for | ||||||
2 | information
covered by this subsection, knowingly makes a | ||||||
3 | false statement or fails to
disclose a material fact, with the | ||||||
4 | intent to obtain the information for a
purpose not authorized | ||||||
5 | by this subsection, shall be guilty of a Class B
misdemeanor.
| ||||||
6 | R. The Director may provide to any State or local child | ||||||
7 | support
agency, upon request and on a reimbursable basis, | ||||||
8 | information that might be
useful in locating an absent parent | ||||||
9 | or that parent's employer, establishing
paternity, or | ||||||
10 | establishing, modifying, or enforcing child support orders.
| ||||||
11 | S. The Department shall make available to a State's | ||||||
12 | Attorney of this
State or a State's Attorney's investigator,
| ||||||
13 | upon request, the current address or, if the current address | ||||||
14 | is
unavailable, current employer information, if available, of | ||||||
15 | a victim of
a felony or a
witness to a felony or a person | ||||||
16 | against whom an arrest warrant is
outstanding.
| ||||||
17 | T. The Director shall make available to the Department of | ||||||
18 | State Police, a county sheriff's office, or a municipal police | ||||||
19 | department, upon request, any information concerning the | ||||||
20 | current address and place of employment or former places of | ||||||
21 | employment of a person who is required to register as a sex | ||||||
22 | offender under the Sex Offender Registration Act that may be | ||||||
23 | useful in enforcing the registration provisions of that Act. | ||||||
24 | U. The Director shall make information available to the | ||||||
25 | Department of Healthcare and Family Services and the | ||||||
26 | Department of Human Services for the purpose of determining |
| |||||||
| |||||||
1 | eligibility for public benefit programs authorized under the | ||||||
2 | Illinois Public Aid Code and related statutes administered by | ||||||
3 | those departments, for verifying sources and amounts of | ||||||
4 | income, and for other purposes directly connected with the | ||||||
5 | administration of those programs. | ||||||
6 | V. The Director shall make information available to the | ||||||
7 | State Board of Elections as may be required by an agreement the | ||||||
8 | State Board of Elections has entered into with a multi-state | ||||||
9 | voter registration list maintenance system. | ||||||
10 | W. The Director shall make information available to the | ||||||
11 | State Treasurer's office and the Department of Revenue for the | ||||||
12 | purpose of facilitating compliance with the Illinois Secure | ||||||
13 | Choice Savings Program Act, including employer contact | ||||||
14 | information for employers with 25 or more employees and any | ||||||
15 | other information the Director deems appropriate that is | ||||||
16 | directly related to the administration of this program. | ||||||
17 | X. The Director shall make information available, upon | ||||||
18 | request, to the Illinois Student Assistance Commission for the | ||||||
19 | purpose of determining eligibility for the adult vocational | ||||||
20 | community college scholarship program under Section 65.105 of | ||||||
21 | the Higher Education Student Assistance Act. | ||||||
22 | Y. Except as required under State or federal law, or | ||||||
23 | unless otherwise provided for in this Section, the Department | ||||||
24 | shall not disclose an individual's entire social security | ||||||
25 | number in any correspondence physically mailed to an | ||||||
26 | individual or entity. |
| |||||||
| |||||||
1 | (Source: P.A. 100-484, eff. 9-8-17; 101-315, eff. 1-1-20 .)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|