Bill Text: IL HB2699 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends provisions of the Unemployment Insurance Act prohibiting the disclosure of information obtained from an individual or employing unit during the administration of the Act. In language providing that the prohibition does not apply to communication with an individual or entity through unencrypted e-mail or unencrypted electronic means as long as the communication does not contain the individual's or entity's name in combination with specified numbers or codes, deletes "account number" from the numbers and codes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2017-07-24 - Sent to the Governor [HB2699 Detail]

Download: Illinois-2017-HB2699-Enrolled.html



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1 AN ACT concerning employment.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Unemployment Insurance Act is amended by
5changing Sections 1502.1, 1507.1, 1900, 2201, and 2201.1 as
6follows:
7 (820 ILCS 405/1502.1) (from Ch. 48, par. 572.1)
8 Sec. 1502.1. Employer's benefit charges.
9 A. Benefit charges which result from payments to any
10claimant made on or after July 1, 1989 shall be charged:
11 1. For benefit years beginning prior to July 1, 1989,
12 to each employer who paid wages to the claimant during his
13 base period;
14 2. For benefit years beginning on or after July 1, 1989
15 but before January 1, 1993, to the later of:
16 a. the last employer prior to the beginning of the
17 claimant's benefit year:
18 i. from whom the claimant was separated or who,
19 by reduction of work offered, caused the claimant
20 to become unemployed as defined in Section 239,
21 and,
22 ii. for whom the claimant performed services
23 in employment, on each of 30 days whether or not

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1 such days are consecutive, provided that the wages
2 for such services were earned during the period
3 from the beginning of the claimant's base period to
4 the beginning of the claimant's benefit year; but
5 that employer shall not be charged if:
6 (1) the claimant's last separation from
7 that employer was a voluntary leaving without
8 good cause, as the term is used in Section 601A
9 or under the circumstances described in
10 paragraphs 1 and 2 of Section 601B; or
11 (2) the claimant's last separation from
12 that employer was a discharge for misconduct or
13 a felony or theft connected with his work from
14 that employer, as these terms are used in
15 Section 602; or
16 (3) after his last separation from that
17 employer, prior to the beginning of his benefit
18 year, the claimant refused to accept an offer
19 of or to apply for suitable work from that
20 employer without good cause, as these terms are
21 used in Section 603; or
22 (4) the claimant, following his last
23 separation from that employer, prior to the
24 beginning of his benefit year, is ineligible or
25 would have been ineligible under Section 612 if
26 he has or had had base period wages from the

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1 employers to which that Section applies; or
2 (5) the claimant subsequently performed
3 services for at least 30 days for an individual
4 or organization which is not an employer
5 subject to this Act; or
6 b. the single employer who pays wages to the
7 claimant that allow him to requalify for benefits after
8 disqualification under Section 601, 602 or 603, if:
9 i. the disqualifying event occurred prior to
10 the beginning of the claimant's benefit year, and
11 ii. the requalification occurred after the
12 beginning of the claimant's benefit year, and
13 iii. even if the 30 day requirement given in
14 this paragraph is not satisfied; but
15 iv. the requalifying employer shall not be
16 charged if the claimant is held ineligible with
17 respect to that requalifying employer under
18 Section 601, 602 or 603.
19 3. For benefit years beginning on or after January 1,
20 1993, with respect to each week for which benefits are
21 paid, to the later of:
22 a. the last employer:
23 i. from whom the claimant was separated or who,
24 by reduction of work offered, caused the claimant
25 to become unemployed as defined in Section 239, and
26 ii. for whom the claimant performed services

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1 in employment, on each of 30 days whether or not
2 such days are consecutive, provided that the wages
3 for such services were earned since the beginning
4 of the claimant's base period; but that employer
5 shall not be charged if:
6 (1) the claimant's separation from that
7 employer was a voluntary leaving without good
8 cause, as the term is used in Section 601A or
9 under the circumstances described in
10 paragraphs 1, 2, and 6 of Section 601B; or
11 (2) the claimant's separation from that
12 employer was a discharge for misconduct or a
13 felony or theft connected with his work from
14 that employer, as these terms are used in
15 Section 602; or
16 (3) the claimant refused to accept an
17 offer of or to apply for suitable work from
18 that employer without good cause, as these
19 terms are used in Section 603 (but only for
20 weeks following the refusal of work); or
21 (4) the claimant subsequently performed
22 services for at least 30 days for an individual
23 or organization which is not an employer
24 subject to this Act; or
25 (5) the claimant, following his separation
26 from that employer, is ineligible or would have

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1 been ineligible under Section 612 if he has or
2 had had base period wages from the employers to
3 which that Section applies (but only for the
4 period of ineligibility or potential
5 ineligibility); or
6 b. the single employer who pays wages to the
7 claimant that allow him to requalify for benefits after
8 disqualification under Section 601, 602, or 603, even
9 if the 30 day requirement given in this paragraph is
10 not satisfied; but the requalifying employer shall not
11 be charged if the claimant is held ineligible with
12 respect to that requalifying employer under Section
13 601, 602, or 603.
14 B. Whenever a claimant is ineligible pursuant to Section
15614 on the basis of wages paid during his base period, any days
16on which such wages were earned shall not be counted in
17determining whether that claimant performed services during at
18least 30 days for the employer that paid such wages as required
19by paragraphs 2 and 3 of subsection A.
20 C. If no employer meets the requirements of paragraph 2 or
213 of subsection A, then no employer will be chargeable for any
22benefit charges which result from the payment of benefits to
23the claimant for that benefit year.
24 D. Notwithstanding the preceding provisions of this
25Section, no employer shall be chargeable for any benefit
26charges which result from the payment of benefits to any

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1claimant after the effective date of this amendatory Act of
21992 where the claimant's separation from that employer
3occurred as a result of his detention, incarceration, or
4imprisonment under State, local, or federal law.
5 D-1. Notwithstanding any other provision of this Act,
6including those affecting finality of benefit charges or rates,
7an employer shall not be chargeable for any benefit charges
8which result from the payment of benefits to an individual for
9any week of unemployment after January 1, 2003, during the
10period that the employer's business is closed solely because of
11the entrance of the employer, one or more of the partners or
12officers of the employer, or the majority stockholder of the
13employer into active duty in the Illinois National Guard or the
14Armed Forces of the United States.
15 D-2. Notwithstanding any other provision of this Act, an
16employer shall not be chargeable for any benefit charges that
17result from the payment of benefits to an individual for any
18week of unemployment after the effective date of this
19amendatory Act of the 100th General Assembly if the payment was
20the result of the individual voluntarily leaving work under the
21conditions described in item 6 of subsection C of Section 500.
22 E. For the purposes of Sections 302, 409, 701, 1403, 1404,
231405 and 1508.1, last employer means the employer that:
24 1. is charged for benefit payments which become benefit
25 charges under this Section, or
26 2. would have been liable for such benefit charges if

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1 it had not elected to make payments in lieu of
2 contributions.
3(Source: P.A. 93-634, eff. 1-1-04; 93-1012, eff. 8-24-04;
494-152, eff. 7-8-05.)
5 (820 ILCS 405/1507.1)
6 Sec. 1507.1. Transfer of trade or business; contribution
7rate. Notwithstanding any other provision of this Act:
8 A.(1) If an individual or entity transfers its trade or
9business, or a portion thereof, to another individual or entity
10and, at the time of the transfer, there is any substantial
11common ownership, management, or control of the transferor and
12transferee, then the experience rating record attributable to
13records of the transferred trade or business transferor and
14transferee shall be transferred to the transferee combined for
15the purpose of determining their rates of contribution. For
16purposes of this subsection, a transfer of trade or business
17includes but is not limited to the transfer of some or all of
18the transferor's workforce. For purposes of calculating the
19contribution rates of the transferor and transferee pursuant to
20this paragraph, within 30 days of the date of a transfer to
21which this paragraph applies, the transferor and transferee
22shall provide to the Department such information, as the
23Director by rule prescribes, which will show the portion of the
24transferor's experience rating record that is attributable to
25the transferred trade or business.

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1 (1.5) If, following a transfer of experience rating records
2under paragraph (1), the Director determines that a substantial
3purpose of the transfer of trade or business was to obtain a
4reduced liability for contributions, the experience rating
5accounts of the employers involved shall be combined into a
6single account and a single rate shall be assigned to the
7account.
8 (2) For the calendar year in which there occurs a transfer
9to which paragraph (1) or (1.5) applies:
10 (a) If the transferor or transferee had a contribution
11 rate applicable to it for the calendar year, it shall
12 continue with that contribution rate for the remainder of
13 the calendar year.
14 (b) If the transferee had no contribution rate
15 applicable to it for the calendar year, then the
16 contribution rate of the transferee shall be computed for
17 the calendar year based on the experience rating record of
18 the transferor or, where there is more than one transferor,
19 the combined experience rating records of the transferors,
20 subject to the 5.4% rate ceiling established pursuant to
21 subsection G of Section 1506.1 and subsection A of Section
22 1506.3.
23 B. If any individual or entity that is not an employer
24under this Act at the time of the acquisition acquires the
25trade or business of an employing unit, the experience rating
26record of the acquired business shall not be transferred to the

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1individual or entity if the Director finds that the individual
2or entity acquired the business solely or primarily for the
3purpose of obtaining a lower rate of contributions. Evidence
4that a business was acquired solely or primarily for the
5purpose of obtaining a lower rate of contributions includes but
6is not necessarily limited to the following: the cost of
7acquiring the business is low in relation to the individual's
8or entity's overall operating costs subsequent to the
9acquisition; the individual or entity discontinued the
10business enterprise of the acquired business immediately or
11shortly after the acquisition; or the individual or entity
12hired a significant number of individuals for performance of
13duties unrelated to the business activity conducted prior to
14acquisition.
15 C. An individual or entity to which subsection A applies
16shall pay contributions with respect to each calendar year at a
17rate consistent with that subsection, and an individual or
18entity to which subsection B applies shall pay contributions
19with respect to each calendar year at a rate consistent with
20that subsection. If an individual or entity knowingly violates
21or attempts to violate this subsection, the individual or
22entity shall be subject to the following penalties:
23 (1) If the individual or entity is an employer, then,
24 in addition to the contribution rate that would otherwise
25 be calculated (including any fund building rate provided
26 for pursuant to Section 1506.3), the employer shall be

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1 assigned a penalty contribution rate equivalent to 50% of
2 the contribution rate (including any fund building rate
3 provided for pursuant to Section 1506.3), as calculated
4 without regard to this subsection for the calendar year
5 with respect to which the violation or attempted violation
6 occurred and the immediately following calendar year. In
7 the case of an employer whose contribution rate, as
8 calculated without regard to this subsection or Section
9 1506.3, equals or exceeds the maximum rate established
10 pursuant to paragraph 2 of subsection E of Section 1506.1,
11 the penalty rate shall equal 50% of the sum of that maximum
12 rate and the fund building rate provided for pursuant to
13 Section 1506.3. In the case of an employer whose
14 contribution rate is subject to the 5.4% rate ceiling
15 established pursuant to subsection G of Section 1506.1 and
16 subsection A of Section 1506.3, the penalty rate shall
17 equal 2.7%. If any product obtained pursuant to this
18 subsection is not an exact multiple of one-tenth of 1%, it
19 shall be increased or reduced, as the case may be, to the
20 nearer multiple of one-tenth of 1%. If such product is
21 equally near to 2 multiples of one-tenth of 1%, it shall be
22 increased to the higher multiple of one-tenth of 1%. Any
23 payment attributable to the penalty contribution rate
24 shall be deposited into the clearing account.
25 (2) If the individual or entity is not an employer, the
26 individual or entity shall be subject to a penalty of

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1 $10,000 for each violation. Any penalty attributable to
2 this paragraph (2) shall be deposited into the Special
3 Administrative Account.
4 D. An individual or entity shall not knowingly advise
5another in a way that results in a violation of subsection C.
6An individual or entity that violates this subsection shall be
7subject to a penalty of $10,000 for each violation. Any such
8penalty shall be deposited into the Special Administrative
9Account.
10 E. Any individual or entity that knowingly violates
11subsection C or D shall be guilty of a Class B misdemeanor. In
12the case of a corporation, the president, the secretary, and
13the treasurer, and any other officer exercising corresponding
14functions, shall each be subject to the aforesaid penalty for
15knowingly violating subsection C or D.
16 F. The Director shall establish procedures to identify the
17transfer or acquisition of a trade or business for purposes of
18this Section.
19 G. For purposes of this Section:
20 "Experience rating record" shall consist of years
21 during which liability for the payment of contributions was
22 incurred, all benefit charges incurred, and all wages paid
23 for insured work, including but not limited to years,
24 benefit charges, and wages attributed to an individual or
25 entity pursuant to Section 1507 or subsection A.
26 "Knowingly" means having actual knowledge of or acting

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1 with deliberate ignorance of or reckless disregard for the
2 statutory provision involved.
3 "Transferee" means any individual or entity to which
4 the transferor transfers its trade or business or any
5 portion thereof.
6 "Transferor" means the individual or entity that
7 transfers its trade or business or any portion thereof.
8 H. This Section shall be interpreted and applied in such a
9manner as to meet the minimum requirements contained in any
10guidance or regulations issued by the United States Department
11of Labor. Insofar as it applies to the interpretation and
12application of the term "substantial", as used in subsection A,
13this subsection H is not intended to alter the meaning of
14"substantially", as used in Section 1507 and construed by
15precedential judicial opinion, or any comparable term as
16elsewhere used in this Act.
17(Source: P.A. 94-301, eff. 1-1-06.)
18 (820 ILCS 405/1900) (from Ch. 48, par. 640)
19 Sec. 1900. Disclosure of information.
20 A. Except as provided in this Section, information obtained
21from any individual or employing unit during the administration
22of this Act shall:
23 1. be confidential,
24 2. not be published or open to public inspection,
25 3. not be used in any court in any pending action or

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1 proceeding,
2 4. not be admissible in evidence in any action or
3 proceeding other than one arising out of this Act.
4 B. No finding, determination, decision, ruling or order
5(including any finding of fact, statement or conclusion made
6therein) issued pursuant to this Act shall be admissible or
7used in evidence in any action other than one arising out of
8this Act, nor shall it be binding or conclusive except as
9provided in this Act, nor shall it constitute res judicata,
10regardless of whether the actions were between the same or
11related parties or involved the same facts.
12 C. Any officer or employee of this State, any officer or
13employee of any entity authorized to obtain information
14pursuant to this Section, and any agent of this State or of
15such entity who, except with authority of the Director under
16this Section, shall disclose information shall be guilty of a
17Class B misdemeanor and shall be disqualified from holding any
18appointment or employment by the State.
19 D. An individual or his duly authorized agent may be
20supplied with information from records only to the extent
21necessary for the proper presentation of his claim for benefits
22or with his existing or prospective rights to benefits.
23Discretion to disclose this information belongs solely to the
24Director and is not subject to a release or waiver by the
25individual. Notwithstanding any other provision to the
26contrary, an individual or his or her duly authorized agent may

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1be supplied with a statement of the amount of benefits paid to
2the individual during the 18 months preceding the date of his
3or her request.
4 E. An employing unit may be furnished with information,
5only if deemed by the Director as necessary to enable it to
6fully discharge its obligations or safeguard its rights under
7the Act. Discretion to disclose this information belongs solely
8to the Director and is not subject to a release or waiver by
9the employing unit.
10 F. The Director may furnish any information that he may
11deem proper to any public officer or public agency of this or
12any other State or of the federal government dealing with:
13 1. the administration of relief,
14 2. public assistance,
15 3. unemployment compensation,
16 4. a system of public employment offices,
17 5. wages and hours of employment, or
18 6. a public works program.
19 The Director may make available to the Illinois Workers'
20Compensation Commission information regarding employers for
21the purpose of verifying the insurance coverage required under
22the Workers' Compensation Act and Workers' Occupational
23Diseases Act.
24 G. The Director may disclose information submitted by the
25State or any of its political subdivisions, municipal
26corporations, instrumentalities, or school or community

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1college districts, except for information which specifically
2identifies an individual claimant.
3 H. The Director shall disclose only that information
4required to be disclosed under Section 303 of the Social
5Security Act, as amended, including:
6 1. any information required to be given the United
7 States Department of Labor under Section 303(a)(6); and
8 2. the making available upon request to any agency of
9 the United States charged with the administration of public
10 works or assistance through public employment, the name,
11 address, ordinary occupation and employment status of each
12 recipient of unemployment compensation, and a statement of
13 such recipient's right to further compensation under such
14 law as required by Section 303(a)(7); and
15 3. records to make available to the Railroad Retirement
16 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 basis
22 to the United States Department of Agriculture and to any
23 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

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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 and
20 Urban Development as required by Section 303(i).
21 I. The Director, upon the request of a public agency of
22Illinois, of the federal government or of any other state
23charged with the investigation or enforcement of Section 10-5
24of the Criminal Code of 2012 (or a similar federal law or
25similar law of another State), may furnish the public agency
26information regarding the individual specified in the request

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1as 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
7with the disclosure of certain records as provided for in
8Section 1706 or with the right to make available to the
9Internal Revenue Service of the United States Department of the
10Treasury, or the Department of Revenue of the State of
11Illinois, information obtained under this Act.
12 K. The Department shall make available to the Illinois
13Student Assistance Commission, upon request, information in
14the possession of the Department that may be necessary or
15useful to the Commission in the collection of defaulted or
16delinquent student loans which the Commission administers.
17 L. The Department shall make available to the State
18Employees' Retirement System, the State Universities
19Retirement System, the Teachers' Retirement System of the State
20of Illinois, and the Department of Central Management Services,
21Risk Management Division, upon request, information in the
22possession of the Department that may be necessary or useful to
23the System or the Risk Management Division for the purpose of
24determining whether any recipient of a disability benefit from
25the System or a workers' compensation benefit from the Risk
26Management Division is gainfully employed.

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1 M. This Section shall be applicable to the information
2obtained in the administration of the State employment service,
3except that the Director may publish or release general labor
4market information and may furnish information that he may deem
5proper to an individual, public officer or public agency of
6this or any other State or the federal government (in addition
7to those public officers or public agencies specified in this
8Section) as he prescribes by Rule.
9 N. The Director may require such safeguards as he deems
10proper to insure that information disclosed pursuant to this
11Section is used only for the purposes set forth in this
12Section.
13 O. Nothing in this Section prohibits communication with an
14individual or entity through unencrypted e-mail or other
15unencrypted electronic means as long as the communication does
16not contain the individual's or entity's name in combination
17with any one or more of the individual's or entity's social
18security number; driver's license or State identification
19number; account number or credit or debit card number; or any
20required security code, access code, or password that would
21permit access to further information pertaining to the
22individual or entity.
23 P. (Blank).
24 Q. The Director shall make available to an elected federal
25official the name and address of an individual or entity that
26is located within the jurisdiction from which the official was

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1elected and that, for the most recently completed calendar
2year, has reported to the Department as paying wages to
3workers, where the information will be used in connection with
4the official duties of the official and the official requests
5the information in writing, specifying the purposes for which
6it will be used. For purposes of this subsection, the use of
7information in connection with the official duties of an
8official does not include use of the information in connection
9with the solicitation of contributions or expenditures, in
10money or in kind, to or on behalf of a candidate for public or
11political office or a political party or with respect to a
12public question, as defined in Section 1-3 of the Election
13Code, or in connection with any commercial solicitation. Any
14elected federal official who, in submitting a request for
15information covered by this subsection, knowingly makes a false
16statement or fails to disclose a material fact, with the intent
17to obtain the information for a purpose not authorized by this
18subsection, shall be guilty of a Class B misdemeanor.
19 R. The Director may provide to any State or local child
20support agency, upon request and on a reimbursable basis,
21information that might be useful in locating an absent parent
22or that parent's employer, establishing paternity, or
23establishing, modifying, or enforcing child support orders.
24 S. The Department shall make available to a State's
25Attorney of this State or a State's Attorney's investigator,
26upon request, the current address or, if the current address is

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1unavailable, current employer information, if available, of a
2victim of a felony or a witness to a felony or a person against
3whom an arrest warrant is outstanding.
4 T. The Director shall make available to the Department of
5State Police, a county sheriff's office, or a municipal police
6department, upon request, any information concerning the
7current address and place of employment or former places of
8employment of a person who is required to register as a sex
9offender under the Sex Offender Registration Act that may be
10useful in enforcing the registration provisions of that Act.
11 U. The Director shall make information available to the
12Department of Healthcare and Family Services and the Department
13of Human Services for the purpose of determining eligibility
14for public benefit programs authorized under the Illinois
15Public Aid Code and related statutes administered by those
16departments, for verifying sources and amounts of income, and
17for other purposes directly connected with the administration
18of those programs.
19 V. The Director shall make information available to the
20State Board of Elections as may be required by an agreement the
21State Board of Elections has entered into with a multi-state
22voter registration list maintenance system.
23 W. The Director shall make information available to the
24State Treasurer's office and the Department of Revenue for the
25purpose of facilitating compliance with the Illinois Secure
26Choice Savings Program Act, including employer contact

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1information for employers with 25 or more employees and any
2other information the Director deems appropriate that is
3directly related to the administration of this program.
4(Source: P.A. 98-1171, eff. 6-1-15; 99-571, eff. 7-15-16;
599-933, eff. 1-27-17; revised 1-31-17.)
6 (820 ILCS 405/2201) (from Ch. 48, par. 681)
7 Sec. 2201. Refund or adjustment of contributions. Except as
8otherwise provided in this Section, not Not later than 3 years
9after the date upon which the Director first notifies an
10employing unit that it has paid contributions, interest, or
11penalties thereon erroneously, the employing unit may file a
12claim with the Director for an adjustment thereof in connection
13with subsequent contribution payments, or for a refund thereof
14where such adjustment cannot be made; provided, however, that
15no refund or adjustment shall be made of any contribution, the
16amount of which has been determined and assessed by the
17Director, if such contribution was paid after the determination
18and assessment of the Director became final, and provided,
19further, that any such adjustment or refund, involving
20contributions with respect to wages on the basis of which
21benefits have been paid, shall be reduced by the amount of
22benefits so paid. In the case of an erroneous payment that
23occurred on or after January 1, 2015 and prior to the effective
24date of this amendatory Act of the 100th General Assembly, the
25employing unit may file the claim for adjustment or refund not

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1later than June 30, 2018 or 3 years after the date of the
2erroneous payment, whichever is later, subject to all of the
3conditions otherwise applicable pursuant to this Section
4regarding a claim for adjustment or refund. Upon receipt of a
5claim the Director shall make his determination, either
6allowing such claim in whole or in part, or ordering that it be
7denied, and serve notice upon the claimant of such
8determination. Such determination of the Director shall be
9final at the expiration of 20 days from the date of service of
10such notice unless the claimant shall have filed with the
11Director a written protest and a petition for hearing,
12specifying his objections thereto. Upon receipt of such
13petition within the 20 days allowed, the Director shall fix the
14time and place for a hearing and shall notify the claimant
15thereof. At any hearing held as herein provided, the
16determination of the Director shall be prima facie correct and
17the burden shall be upon the protesting employing unit to prove
18that it is incorrect. All of the provisions of this Act
19applicable to hearings conducted pursuant to Section 2200 shall
20be applicable to hearings conducted pursuant to this Section.
21Upon the conclusion of such hearing, a decision shall be made
22by the Director and notice thereof given to the claimant. If
23the Director shall decide that the claim be allowed in whole or
24in part, or if such allowance be ordered by the Court pursuant
25to Section 2205 and the judgment of said Court has become
26final, the Director shall, if practicable, make adjustment

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1without interest in connection with subsequent contribution
2payments by the claimant, and if adjustments thereof cannot
3practicably be made in connection with such subsequent
4contribution payments, then the Director shall refund to the
5claimant the amount so allowed, without interest except as
6otherwise provided in Section 2201.1 from moneys in the benefit
7account established by this Act. Nothing herein contained shall
8prohibit the Director from making adjustment or refund upon his
9own initiative, within the time allowed for filing claim
10therefor, provided that the Director shall make no refund or
11adjustment of any contribution, the amount of which he has
12previously determined and assessed, if such contribution was
13paid after the determination and assessment became final.
14 If this State should not be certified for any year by the
15Secretary of Labor of the United States of America, or other
16appropriate Federal agency, under Section 3304 of the Federal
17Internal Revenue Code of 1954, the Director shall refund
18without interest to any instrumentality of the United States
19subject to this Act by virtue of permission granted in an Act
20of Congress, the amount of contributions paid by such
21instrumentality with respect to such year.
22 The Director may by regulation provide that, if there is a
23total credit balance of less than $2 in an employer's account
24with respect to contributions, interest, and penalties, the
25amount may be disregarded by the Director; once disregarded,
26the amount shall not be considered a credit balance in the

HB2699 Enrolled- 24 -LRB100 09362 JLS 19524 b
1account and shall not be subject to either an adjustment or a
2refund.
3(Source: P.A. 98-1133, eff. 1-1-15.)
4 (820 ILCS 405/2201.1) (from Ch. 48, par. 681.1)
5 Sec. 2201.1. Interest on Overpaid Contributions, Penalties
6and Interest. The Director shall quarterly semi-annually
7furnish each employer with a statement of credit balances in
8the employer's account where the balances with respect to all
9contributions, interest and penalties combined equal or exceed
10$2. Under regulations prescribed by the Director and subject to
11the limitations of Section 2201, the employer may file a
12request for an adjustment or refund of the amount erroneously
13paid. Interest shall be paid on refunds of erroneously paid
14contributions, penalties and interest imposed by this Act,
15except that if any refund is mailed by the Director within 90
16days after the date of the refund claim, no interest shall be
17due or paid. The interest shall begin to accrue as of the date
18of the refund claim and shall be paid at the rate of 1.5% per
19month computed at the rate of 12/365 of 1.5% for each day or
20fraction thereof. Interest paid pursuant to this Section shall
21be paid from monies in the special administrative account
22established by Sections 2100 and 2101. This Section shall apply
23only to refunds of contributions, penalties and interest which
24were paid as the result of wages paid after January 1, 1988.
25(Source: P.A. 98-1133, eff. 1-1-15.)

HB2699 Enrolled- 25 -LRB100 09362 JLS 19524 b
1 Section 99. Effective date. This Act takes effect upon
2becoming law.
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