Bill Text: IL HB2945 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Unemployment Insurance Act to provide that, during the pendency of a disaster period established by gubernatorial proclamation in response to COVID-19, provisions concerning ineligibility as a result of unemployment insurance fraud shall not apply to individuals who are otherwise entitled to receive unemployment insurance benefits provided the fraud occurred before the issuance of the gubernatorial disaster proclamation. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2945 Detail]
Download: Illinois-2021-HB2945-Introduced.html
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| 1 | AN ACT concerning employment.
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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 Unemployment Insurance Act is amended by | |||||||||||||||||||
| 5 | changing Section 901 as follows:
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| 6 | (820 ILCS 405/901) (from Ch. 48, par. 491)
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| 7 | Sec. 901. Fraud - Repayment - Ineligibility. | |||||||||||||||||||
| 8 | (1) An individual who, for the purpose of obtaining | |||||||||||||||||||
| 9 | benefits, knowingly
makes a false statement or knowingly fails | |||||||||||||||||||
| 10 | to disclose a material fact,
and thereby obtains any sum as | |||||||||||||||||||
| 11 | benefits for which he is not eligible:
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| 12 | A. Shall be required to repay such sum in cash, or the | |||||||||||||||||||
| 13 | amount thereof may
be recovered or recouped pursuant to | |||||||||||||||||||
| 14 | the provisions of Section 900.
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| 15 | B. Shall be ineligible, except to the extent that such | |||||||||||||||||||
| 16 | benefits are
subject to recoupment pursuant to this | |||||||||||||||||||
| 17 | Section,
for benefits for the week in which he or she has | |||||||||||||||||||
| 18 | been notified
of the determination of the claims | |||||||||||||||||||
| 19 | adjudicator referred to in Section 702
that he or she has | |||||||||||||||||||
| 20 | committed the offense described in
the first paragraph | |||||||||||||||||||
| 21 | and, thereafter, for 6 weeks (with respect to each of
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| 22 | which he or she
would be eligible for benefits but for the | |||||||||||||||||||
| 23 | provisions of this
paragraph, not including weeks for | |||||||||||||||||||
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| 1 | which such benefits are subject to
recoupment pursuant to | ||||||
| 2 | this Section)
for the first offense, and for 2 additional | ||||||
| 3 | weeks (with respect to each
of which he or she would be | ||||||
| 4 | eligible for benefits but for the provisions
of this | ||||||
| 5 | paragraph, not including weeks for which such benefits are | ||||||
| 6 | subject to
recoupment pursuant to this Section) for each | ||||||
| 7 | subsequent offense. For the
purposes of this paragraph, a | ||||||
| 8 | separate offense shall be deemed to have been
committed in | ||||||
| 9 | each week for which such an individual has received a sum | ||||||
| 10 | as
benefits for which he
or she
was not eligible. No | ||||||
| 11 | ineligibility under the provisions
of this paragraph shall | ||||||
| 12 | accrue with respect to any week beginning after
whichever | ||||||
| 13 | of the following occurs first: (1) 26 weeks (with respect | ||||||
| 14 | to each
of which the individual would be eligible for | ||||||
| 15 | benefits but for the provisions
of this paragraph, not
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| 16 | including weeks for which such benefits are subject to | ||||||
| 17 | recoupment pursuant to
this Section)
have elapsed since | ||||||
| 18 | the date that he or she is notified of the determination
of | ||||||
| 19 | the claims adjudicator referred to in Section 702 that he | ||||||
| 20 | or she has
committed the offense described in the first | ||||||
| 21 | paragraph, or (2) 2 years have
elapsed
since the date
that | ||||||
| 22 | he
or she
is notified of the determination of the claims | ||||||
| 23 | adjudicator referred
to in Section 702 that he
or she
has | ||||||
| 24 | committed the offense described in the first
paragraph.
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| 25 | (2) Notwithstanding subsection (1), if the individual's | ||||||
| 26 | benefit year begins on or after March 8, 2020, but prior to the | ||||||
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| 1 | week following the last week of the disaster period | ||||||
| 2 | established by the gubernatorial disaster proclamation in | ||||||
| 3 | response to COVID-19 dated March 9, 2020 and any subsequent | ||||||
| 4 | gubernatorial disaster proclamation in response to COVID-19, | ||||||
| 5 | the penalties and requirements of paragraph B of subsection | ||||||
| 6 | (1) shall not apply to such individuals who are otherwise | ||||||
| 7 | entitled to receive benefits under this Act as long as the | ||||||
| 8 | false statement or failure to disclose a material fact in | ||||||
| 9 | subsection (1) occurred before March 9, 2020. Nothing in this | ||||||
| 10 | Section shall be construed to relieve an individual from any | ||||||
| 11 | penalties imposed under paragraph B of subsection (1), and | ||||||
| 12 | upon expiration of the disaster period established by the | ||||||
| 13 | gubernatorial disaster proclamation in response to COVID-19 | ||||||
| 14 | dated March 9, 2020 and any subsequent gubernatorial disaster | ||||||
| 15 | proclamation in response to COVID-19, such penalties may be | ||||||
| 16 | imposed. | ||||||
| 17 | (Source: P.A. 91-342, eff. 1-1-00.)
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| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law.
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