Bill Text: IL SB2420 | 2015-2016 | 99th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Secure Choice Savings Program Act. Provides that the total annual expenses, rather than the annual administrative expenses, shall not exceed 0.75% of the total trust balance. Removes a requirement that the Board prepare a statement of investment policy annually. Provides that the investment policy shall be published on the Board's or State Treasurer's website. Provides that small employers' use of automatic enrollment is subject to federal rules. Makes other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-07-15 - Public Act . . . . . . . . . 99-0571 [SB2420 Detail]
Download: Illinois-2015-SB2420-Enrolled.html
Bill Title: Amends the Illinois Secure Choice Savings Program Act. Provides that the total annual expenses, rather than the annual administrative expenses, shall not exceed 0.75% of the total trust balance. Removes a requirement that the Board prepare a statement of investment policy annually. Provides that the investment policy shall be published on the Board's or State Treasurer's website. Provides that small employers' use of automatic enrollment is subject to federal rules. Makes other changes. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2016-07-15 - Public Act . . . . . . . . . 99-0571 [SB2420 Detail]
Download: Illinois-2015-SB2420-Enrolled.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 3. The Illinois Income Tax Act is amended by | ||||||
5 | changing Section 917 as follows:
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6 | (35 ILCS 5/917) (from Ch. 120, par. 9-917)
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7 | Sec. 917. Confidentiality and information sharing.
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8 | (a) Confidentiality.
Except as provided in this Section, | ||||||
9 | all information received by the Department
from returns filed | ||||||
10 | under this Act, or from any investigation conducted under
the | ||||||
11 | provisions of this Act, shall be confidential, except for | ||||||
12 | official purposes
within the Department or pursuant to official | ||||||
13 | procedures for collection
of any State tax or pursuant to an | ||||||
14 | investigation or audit by the Illinois
State Scholarship | ||||||
15 | Commission of a delinquent student loan or monetary award
or | ||||||
16 | enforcement of any civil or criminal penalty or sanction
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17 | imposed by this Act or by another statute imposing a State tax, | ||||||
18 | and any
person who divulges any such information in any manner, | ||||||
19 | except for such
purposes and pursuant to order of the Director | ||||||
20 | or in accordance with a proper
judicial order, shall be guilty | ||||||
21 | of a Class A misdemeanor. However, the
provisions of this | ||||||
22 | paragraph are not applicable to information furnished
to (i) | ||||||
23 | the Department of Healthcare and Family Services (formerly
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1 | Department of Public Aid), State's Attorneys, and the Attorney | ||||||
2 | General for child support enforcement purposes and (ii) a | ||||||
3 | licensed attorney representing the taxpayer where an appeal or | ||||||
4 | a protest
has been filed on behalf of the taxpayer. If it is | ||||||
5 | necessary to file information obtained pursuant to this Act in | ||||||
6 | a child support enforcement proceeding, the information shall | ||||||
7 | be filed under seal.
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8 | (b) Public information. Nothing contained in this Act shall | ||||||
9 | prevent
the Director from publishing or making available to the | ||||||
10 | public the names
and addresses of persons filing returns under | ||||||
11 | this Act, or from publishing
or making available reasonable | ||||||
12 | statistics concerning the operation of the
tax wherein the | ||||||
13 | contents of returns are grouped into aggregates in such a
way | ||||||
14 | that the information contained in any individual return shall | ||||||
15 | not be
disclosed.
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16 | (c) Governmental agencies. The Director may make available | ||||||
17 | to the
Secretary of the Treasury of the United States or his | ||||||
18 | delegate, or the
proper officer or his delegate of any other | ||||||
19 | state imposing a tax upon or
measured by income, for | ||||||
20 | exclusively official purposes, information received
by the | ||||||
21 | Department in the administration of this Act, but such | ||||||
22 | permission
shall be granted only if the United States or such | ||||||
23 | other state, as the case
may be, grants the Department | ||||||
24 | substantially similar privileges. The Director
may exchange | ||||||
25 | information with the Department of Healthcare and Family | ||||||
26 | Services and the
Department of Human Services (acting as |
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1 | successor to the Department of Public
Aid under the Department | ||||||
2 | of Human Services Act) for
the purpose of verifying sources and | ||||||
3 | amounts of income and for other purposes
directly connected | ||||||
4 | with the administration of this Act, the Illinois Public Aid | ||||||
5 | Code, and any other health benefit program administered by the | ||||||
6 | State. The Director may exchange information with the Director | ||||||
7 | of
the Department of Employment Security for the purpose of | ||||||
8 | verifying sources
and amounts of income and for other purposes | ||||||
9 | directly connected with the
administration of this Act and Acts | ||||||
10 | administered by the Department of
Employment
Security.
The | ||||||
11 | Director may make available to the Illinois Workers' | ||||||
12 | Compensation Commission
information regarding employers for | ||||||
13 | the purpose of verifying the insurance
coverage required under | ||||||
14 | the Workers' Compensation Act and Workers'
Occupational | ||||||
15 | Diseases Act. The Director may exchange information with the | ||||||
16 | Illinois Department on Aging for the purpose of verifying | ||||||
17 | sources and amounts of income for purposes directly related to | ||||||
18 | confirming eligibility for participation in the programs of | ||||||
19 | benefits authorized by the Senior Citizens and Persons with | ||||||
20 | Disabilities Property Tax Relief and Pharmaceutical Assistance | ||||||
21 | Act. The Director may exchange information with the State | ||||||
22 | Treasurer's Office and the Department of Employment Security | ||||||
23 | for the purpose of implementing, administering, and enforcing | ||||||
24 | the Illinois Secure Choice Savings Program Act.
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25 | The Director may make available to any State agency, | ||||||
26 | including the
Illinois Supreme Court, which licenses persons to |
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1 | engage in any occupation,
information that a person licensed by | ||||||
2 | such agency has failed to file
returns under this Act or pay | ||||||
3 | the tax, penalty and interest shown therein,
or has failed to | ||||||
4 | pay any final assessment of tax, penalty or interest due
under | ||||||
5 | this Act.
The Director may make available to any State agency, | ||||||
6 | including the Illinois
Supreme
Court, information regarding | ||||||
7 | whether a bidder, contractor, or an affiliate of a
bidder or
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8 | contractor has failed to file returns under this Act or pay the | ||||||
9 | tax, penalty,
and interest
shown therein, or has failed to pay | ||||||
10 | any final assessment of tax, penalty, or
interest due
under | ||||||
11 | this Act, for the limited purpose of enforcing bidder and | ||||||
12 | contractor
certifications.
For purposes of this Section, the | ||||||
13 | term "affiliate" means any entity that (1)
directly,
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14 | indirectly, or constructively controls another entity, (2) is | ||||||
15 | directly,
indirectly, or
constructively controlled by another | ||||||
16 | entity, or (3) is subject to the control
of
a common
entity. | ||||||
17 | For purposes of this subsection (a), an entity controls another | ||||||
18 | entity
if
it owns,
directly or individually, more than 10% of | ||||||
19 | the voting securities of that
entity.
As used in
this | ||||||
20 | subsection (a), the term "voting security" means a security | ||||||
21 | that (1)
confers upon the
holder the right to vote for the | ||||||
22 | election of members of the board of directors
or similar
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23 | governing body of the business or (2) is convertible into, or | ||||||
24 | entitles the
holder to receive
upon its exercise, a security | ||||||
25 | that confers such a right to vote. A general
partnership
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26 | interest is a voting security.
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1 | The Director may make available to any State agency, | ||||||
2 | including the
Illinois
Supreme Court, units of local | ||||||
3 | government, and school districts, information
regarding
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4 | whether a bidder or contractor is an affiliate of a person who | ||||||
5 | is not
collecting
and
remitting Illinois Use taxes, for the | ||||||
6 | limited purpose of enforcing bidder and
contractor
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7 | certifications.
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8 | The Director may also make available to the Secretary of | ||||||
9 | State
information that a corporation which has been issued a | ||||||
10 | certificate of
incorporation by the Secretary of State has | ||||||
11 | failed to file returns under
this Act or pay the tax, penalty | ||||||
12 | and interest shown therein, or has failed
to pay any final | ||||||
13 | assessment of tax, penalty or interest due under this Act.
An | ||||||
14 | assessment is final when all proceedings in court for
review of | ||||||
15 | such assessment have terminated or the time for the taking
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16 | thereof has expired without such proceedings being instituted. | ||||||
17 | For
taxable years ending on or after December 31, 1987, the | ||||||
18 | Director may make
available to the Director or principal | ||||||
19 | officer of any Department of the
State of Illinois, information | ||||||
20 | that a person employed by such Department
has failed to file | ||||||
21 | returns under this Act or pay the tax, penalty and
interest | ||||||
22 | shown therein. For purposes of this paragraph, the word
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23 | "Department" shall have the same meaning as provided in Section | ||||||
24 | 3 of the
State Employees Group Insurance Act of 1971.
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25 | (d) The Director shall make available for public
inspection | ||||||
26 | in the Department's principal office and for publication, at |
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1 | cost,
administrative decisions issued on or after January
1, | ||||||
2 | 1995. These decisions are to be made available in a manner so | ||||||
3 | that the
following
taxpayer information is not disclosed:
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4 | (1) The names, addresses, and identification numbers | ||||||
5 | of the taxpayer,
related entities, and employees.
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6 | (2) At the sole discretion of the Director, trade | ||||||
7 | secrets
or other confidential information identified as | ||||||
8 | such by the taxpayer, no later
than 30 days after receipt | ||||||
9 | of an administrative decision, by such means as the
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10 | Department shall provide by rule.
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11 | The Director shall determine the
appropriate extent of the
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12 | deletions allowed in paragraph (2). In the event the taxpayer | ||||||
13 | does not submit
deletions,
the Director shall make only the | ||||||
14 | deletions specified in paragraph (1).
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15 | The Director shall make available for public inspection and | ||||||
16 | publication an
administrative decision within 180 days after | ||||||
17 | the issuance of the
administrative
decision. The term | ||||||
18 | "administrative decision" has the same meaning as defined in
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19 | Section 3-101 of Article III of the Code of Civil Procedure. | ||||||
20 | Costs collected
under this Section shall be paid into the Tax | ||||||
21 | Compliance and Administration
Fund.
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22 | (e) Nothing contained in this Act shall prevent the | ||||||
23 | Director from
divulging
information to any person pursuant to a | ||||||
24 | request or authorization made by the
taxpayer, by an authorized | ||||||
25 | representative of the taxpayer, or, in the case of
information | ||||||
26 | related to a joint return, by the spouse filing the joint |
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1 | return
with the taxpayer.
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2 | (Source: P.A. 99-143, eff. 7-27-15.)
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3 | Section 5. The Illinois Secure Choice Savings Program Act | ||||||
4 | is amended by changing Sections 30, 35, and 60 as follows:
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5 | (820 ILCS 80/30)
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6 | Sec. 30. Duties of the Board. In addition to the other | ||||||
7 | duties and responsibilities stated in this Act, the Board | ||||||
8 | shall:
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9 | (a) Cause the Program to be designed, established and | ||||||
10 | operated in a manner that:
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11 | (1) accords with best practices for retirement savings | ||||||
12 | vehicles;
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13 | (2) maximizes participation, savings, and sound | ||||||
14 | investment practices; | ||||||
15 | (3) maximizes simplicity, including ease of | ||||||
16 | administration for participating employers and enrollees; | ||||||
17 | (4) provides an efficient product to enrollees by | ||||||
18 | pooling investment funds;
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19 | (5) ensures the portability of benefits; and
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20 | (6) provides for the deaccumulation of enrollee assets | ||||||
21 | in a manner that maximizes financial security in | ||||||
22 | retirement.
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23 | (b) Appoint a trustee to the IRA Fund in compliance with | ||||||
24 | Section 408 of the Internal Revenue Code. |
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1 | (c) Explore and establish investment options, subject to | ||||||
2 | Section 45 of this Act, that offer employees returns on | ||||||
3 | contributions and the conversion of individual retirement | ||||||
4 | savings account balances to secure retirement income without | ||||||
5 | incurring debt or liabilities to the State.
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6 | (d) Establish the process by which interest, investment | ||||||
7 | earnings, and investment losses are allocated to individual | ||||||
8 | program accounts on a pro rata basis and are computed at the | ||||||
9 | interest rate on the balance of an individual's account.
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10 | (e) Make and enter into contracts necessary for the | ||||||
11 | administration of the Program and Fund, including, but not | ||||||
12 | limited to, retaining and contracting with investment | ||||||
13 | managers, private financial institutions, other financial and | ||||||
14 | service providers, consultants, actuaries, counsel, auditors, | ||||||
15 | third-party administrators, and other professionals as | ||||||
16 | necessary.
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17 | (e-5) Conduct a review of the performance of any investment | ||||||
18 | vendors every 4 years, including, but not limited to, a review | ||||||
19 | of returns, fees, and customer service. A copy of reviews | ||||||
20 | conducted under this subsection (e-5) shall be posted to the | ||||||
21 | Board's Internet website. | ||||||
22 | (f) Determine the number and duties of staff members needed | ||||||
23 | to administer the Program and assemble such a staff, including, | ||||||
24 | as needed, employing staff, appointing a Program | ||||||
25 | administrator, and entering into contracts with the State | ||||||
26 | Treasurer to make employees of the State Treasurer's Office |
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1 | available to administer the Program.
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2 | (g) Cause moneys in the Fund to be held and invested as | ||||||
3 | pooled investments described in Section 45 of this Act, with a | ||||||
4 | view to achieving cost savings through efficiencies and | ||||||
5 | economies of scale.
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6 | (h) Evaluate and establish the process by which an enrollee | ||||||
7 | is able to contribute a portion of his or her wages to the | ||||||
8 | Program for automatic deposit of those contributions and the | ||||||
9 | process by which the participating employer provides a payroll | ||||||
10 | deposit retirement savings arrangement to forward those | ||||||
11 | contributions and related information to the Program, | ||||||
12 | including, but not limited to, contracting with financial | ||||||
13 | service companies and third-party administrators with the | ||||||
14 | capability to receive and process employee information and | ||||||
15 | contributions for payroll deposit retirement savings | ||||||
16 | arrangements or similar arrangements.
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17 | (i) Design and establish the process for enrollment under | ||||||
18 | Section 60 of this Act, including the process by which an | ||||||
19 | employee can opt not to participate in the Program, select a | ||||||
20 | contribution level, select an investment option, and terminate | ||||||
21 | participation in the Program.
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22 | (j) Evaluate and establish the process by which an | ||||||
23 | individual may voluntarily enroll in and make contributions to | ||||||
24 | the Program.
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25 | (k) Accept any grants, appropriations, or other moneys from | ||||||
26 | the State, any unit of federal, State, or local government, or |
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1 | any other person, firm, partnership, or corporation solely for | ||||||
2 | deposit into the Fund, whether for investment or administrative | ||||||
3 | purposes.
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4 | (l) Evaluate the need for, and procure as needed, insurance | ||||||
5 | against any and all loss in connection with the property, | ||||||
6 | assets, or activities of the Program, and indemnify as needed | ||||||
7 | each member of the Board from personal loss or liability | ||||||
8 | resulting from a member's action or inaction as a member of the | ||||||
9 | Board.
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10 | (m) Make provisions for the payment of administrative costs | ||||||
11 | and expenses for the creation, management, and operation of the | ||||||
12 | Program, including the costs associated with subsection (b) of | ||||||
13 | Section 20 of this Act, subsections (e), (f), (h), and (l) of | ||||||
14 | this Section, subsection (b) of Section 45 of this Act, | ||||||
15 | subsection (a) of Section 80 of this Act, and subsection (n) of | ||||||
16 | Section 85 of this Act. Subject to appropriation, the State may | ||||||
17 | pay administrative costs associated with the creation and | ||||||
18 | management of the Program until sufficient assets are available | ||||||
19 | in the Fund for that purpose. Thereafter, all administrative | ||||||
20 | costs of the Fund, including repayment of any start-up funds | ||||||
21 | provided by the State, shall be paid only out of moneys on | ||||||
22 | deposit therein. However, private funds or federal funding | ||||||
23 | received under subsection (k) of Section 30 of this Act in | ||||||
24 | order to implement the Program until the Fund is | ||||||
25 | self-sustaining shall not be repaid unless those funds were | ||||||
26 | offered contingent upon the promise of such repayment. The |
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1 | Board shall keep total annual administrative expenses as low as | ||||||
2 | possible, but in no event shall they exceed 0.75% of the total | ||||||
3 | trust balance.
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4 | (n) Allocate administrative fees to individual retirement | ||||||
5 | accounts in the Program on a pro rata basis.
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6 | (o) Set minimum and maximum contribution levels in | ||||||
7 | accordance with limits established for IRAs by the Internal | ||||||
8 | Revenue Code.
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9 | (p) Facilitate education and outreach to employers and | ||||||
10 | employees.
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11 | (q) Facilitate compliance by the Program with all | ||||||
12 | applicable requirements for the Program under the Internal | ||||||
13 | Revenue Code, including tax qualification requirements or any | ||||||
14 | other applicable law and accounting requirements.
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15 | (r) Carry out the duties and obligations of the Program in | ||||||
16 | an effective, efficient, and low-cost manner.
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17 | (s) Exercise any and all other powers reasonably necessary | ||||||
18 | for the effectuation of the purposes, objectives, and | ||||||
19 | provisions of this Act pertaining to the Program.
| ||||||
20 | (t) Deposit into the Illinois Secure Choice Administrative | ||||||
21 | Fund all grants, gifts, donations, fees, and earnings from | ||||||
22 | investments from the Illinois Secure Choice Savings Program | ||||||
23 | Fund that are used to recover administrative costs. All | ||||||
24 | expenses of the Board shall be paid from the Illinois Secure | ||||||
25 | Choice Administrative Fund.
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26 | (Source: P.A. 98-1150, eff. 6-1-15 .)
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1 | (820 ILCS 80/35)
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2 | Sec. 35. Risk management. The Board shall annually prepare | ||||||
3 | and adopt a written statement of investment policy that | ||||||
4 | includes a risk management and oversight program. This | ||||||
5 | investment policy shall prohibit the Board, Program, and Fund | ||||||
6 | from borrowing for investment purposes. The risk management and | ||||||
7 | oversight program shall be designed to ensure that an effective | ||||||
8 | risk management system is in place to monitor the risk levels | ||||||
9 | of the Program and Fund portfolio, to ensure that the risks | ||||||
10 | taken are prudent and properly managed, to provide an | ||||||
11 | integrated process for overall risk management, and to assess | ||||||
12 | investment returns as well as risk to determine if the risks | ||||||
13 | taken are adequately compensated compared to applicable | ||||||
14 | performance benchmarks and standards. The Board shall adopt | ||||||
15 | consider the statement of investment policy and any changes in | ||||||
16 | the investment policy at a public meeting of the Board. The | ||||||
17 | investment policy and any changes to the investment policy | ||||||
18 | shall be published on the Board's or Treasurer's website at | ||||||
19 | least 30 days prior to implementation of such policy hearing .
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20 | (Source: P.A. 98-1150, eff. 6-1-15 .)
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21 | (820 ILCS 80/60)
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22 | Sec. 60. Program implementation and enrollment. Except as | ||||||
23 | otherwise provided in Section 93 of this Act, the Program shall | ||||||
24 | be implemented, and enrollment of employees shall begin, within |
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1 | 24 months after the effective date of this Act. The provisions | ||||||
2 | of this Section shall be in force after the Board opens the | ||||||
3 | Program for enrollment.
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4 | (a) Each employer shall establish a payroll deposit | ||||||
5 | retirement savings arrangement to allow each employee to | ||||||
6 | participate in the Program at most nine months after the Board | ||||||
7 | opens the Program for enrollment.
| ||||||
8 | (b) Employers shall automatically enroll in the Program | ||||||
9 | each of their employees who has not opted out of participation | ||||||
10 | in the Program using the form described in subsection (c) of | ||||||
11 | Section 55 of this Act and shall provide payroll deduction | ||||||
12 | retirement savings arrangements for such employees and | ||||||
13 | deposit, on behalf of such employees, these funds into the | ||||||
14 | Program. Small employers may, but are not required to, provide | ||||||
15 | payroll deduction retirement savings arrangements for each | ||||||
16 | employee who elects to participate in the Program. Small | ||||||
17 | employers' use of automatic enrollment for employees is subject | ||||||
18 | to final rules from the United States Department of Labor. | ||||||
19 | Utilization of automatic enrollment by small employers may be | ||||||
20 | allowed only if it does not create employer liability under the | ||||||
21 | federal Employee Retirement Income Security Act. | ||||||
22 | (c) Enrollees shall have the ability to select a | ||||||
23 | contribution level into the Fund. This level may be expressed | ||||||
24 | as a percentage of wages or as a dollar amount up to the | ||||||
25 | deductible amount for the enrollee's taxable year under Section | ||||||
26 | 219(b)(1)(A) of the Internal Revenue Code. Enrollees may change |
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1 | their contribution level at any time, subject to rules | ||||||
2 | promulgated by the Board. If an enrollee fails to select a | ||||||
3 | contribution level using the form described in subsection (c) | ||||||
4 | of Section 55 of this Act, then he or she shall contribute 3% | ||||||
5 | of his or her wages to the Program, provided that such | ||||||
6 | contributions shall not cause the enrollee's total | ||||||
7 | contributions to IRAs for the year to exceed the deductible | ||||||
8 | amount for the enrollee's taxable year under Section | ||||||
9 | 219(b)(1)(A) of the Internal Revenue Code.
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10 | (d) Enrollees may select an investment option from the | ||||||
11 | permitted investment options listed in Section 45 of this Act. | ||||||
12 | Enrollees may change their investment option at any time, | ||||||
13 | subject to rules promulgated by the Board. In the event that an | ||||||
14 | enrollee fails to select an investment option, that enrollee | ||||||
15 | shall be placed in the investment option selected by the Board | ||||||
16 | as the default under subsection (c) of Section 45 of this Act. | ||||||
17 | If the Board has not selected a default investment option under | ||||||
18 | subsection (c) of Section 45 of this Act, then an enrollee who | ||||||
19 | fails to select an investment option shall be placed in the | ||||||
20 | life-cycle fund investment option.
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21 | (e) Following initial implementation of the Program | ||||||
22 | pursuant to this Section, at least once every year, | ||||||
23 | participating employers shall designate an open enrollment | ||||||
24 | period during which employees who previously opted out of the | ||||||
25 | Program may enroll in the Program.
| ||||||
26 | (f) An employee who opts out of the Program who |
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1 | subsequently wants to participate through the participating | ||||||
2 | employer's payroll deposit retirement savings arrangement may | ||||||
3 | only enroll during the participating employer's designated | ||||||
4 | open enrollment period or if permitted by the participating | ||||||
5 | employer at an earlier time.
| ||||||
6 | (g) Employers shall retain the option at all times to set | ||||||
7 | up any type of employer-sponsored retirement plan, such as a | ||||||
8 | defined benefit plan or a 401(k), Simplified Employee Pension | ||||||
9 | (SEP) plan, or Savings Incentive Match Plan for Employees | ||||||
10 | (SIMPLE) plan, or to offer an automatic enrollment payroll | ||||||
11 | deduction IRA, instead of having a payroll deposit retirement | ||||||
12 | savings arrangement to allow employee participation in the | ||||||
13 | Program.
| ||||||
14 | (h) An employee may terminate his or her participation in | ||||||
15 | the Program at any time in a manner prescribed by the Board.
| ||||||
16 | (i) The Board shall establish and maintain an Internet | ||||||
17 | website designed to assist employers in identifying private | ||||||
18 | sector providers of retirement arrangements that can be set up | ||||||
19 | by the employer rather than allowing employee participation in | ||||||
20 | the Program under this Act; however, the Board shall only | ||||||
21 | establish and maintain an Internet website under this | ||||||
22 | subsection if there is sufficient interest in such an Internet | ||||||
23 | website by private sector providers and if the private sector | ||||||
24 | providers furnish the funding necessary to establish and | ||||||
25 | maintain the Internet website. The Board must provide public | ||||||
26 | notice of the availability of and the process for inclusion on |
| |||||||
| |||||||
1 | the Internet website before it becomes publicly available. This | ||||||
2 | Internet website must be available to the public before the | ||||||
3 | Board opens the Program for enrollment, and the Internet | ||||||
4 | website address must be included on any Internet website | ||||||
5 | posting or other materials regarding the Program offered to the | ||||||
6 | public by the Board.
| ||||||
7 | (Source: P.A. 98-1150, eff. 6-1-15 .)
| ||||||
8 | Section 10. The Unemployment Insurance Act is amended by | ||||||
9 | changing Section 1900 as follows:
| ||||||
10 | (820 ILCS 405/1900) (from Ch. 48, par. 640)
| ||||||
11 | Sec. 1900. Disclosure of information.
| ||||||
12 | A. Except as provided in this Section, information obtained | ||||||
13 | from any
individual or employing unit during the administration | ||||||
14 | of this Act shall:
| ||||||
15 | 1. be confidential,
| ||||||
16 | 2. not be published or open to public inspection,
| ||||||
17 | 3. not be used in any court in any pending action or | ||||||
18 | proceeding,
| ||||||
19 | 4. not be admissible in evidence in any action or | ||||||
20 | proceeding other than
one arising out of this Act.
| ||||||
21 | B. No finding, determination, decision, ruling or order | ||||||
22 | (including
any finding of fact, statement or conclusion made | ||||||
23 | therein) issued pursuant
to this Act shall be admissible or | ||||||
24 | used in evidence in any action other than
one arising out of |
| |||||||
| |||||||
1 | this Act, nor shall it be binding or conclusive except
as | ||||||
2 | provided in this Act, nor shall it constitute res judicata, | ||||||
3 | regardless
of whether the actions were between the same or | ||||||
4 | related parties or involved
the same facts.
| ||||||
5 | C. Any officer or employee of this State, any officer or | ||||||
6 | employee of any
entity authorized to obtain information | ||||||
7 | pursuant to this Section, and any
agent of this State or of | ||||||
8 | such entity
who, except with authority of
the Director under | ||||||
9 | this Section, shall disclose information shall be guilty
of a | ||||||
10 | Class B misdemeanor and shall be disqualified from holding any
| ||||||
11 | appointment or employment by the State.
| ||||||
12 | D. An individual or his duly authorized agent may be | ||||||
13 | supplied with
information from records only to the extent | ||||||
14 | necessary for the proper
presentation of his claim for benefits | ||||||
15 | or with his existing or prospective
rights to benefits. | ||||||
16 | Discretion to disclose this information belongs
solely to the | ||||||
17 | Director and is not subject to a release or waiver by the
| ||||||
18 | individual.
Notwithstanding any other provision to the | ||||||
19 | contrary, an individual or his or
her duly authorized agent may | ||||||
20 | be supplied with a statement of the amount of
benefits paid to | ||||||
21 | the individual during the 18 months preceding the date of his
| ||||||
22 | or her request.
| ||||||
23 | E. An employing unit may be furnished with information, | ||||||
24 | only if deemed by
the Director as necessary to enable it to | ||||||
25 | fully discharge its obligations or
safeguard its rights under | ||||||
26 | the Act. Discretion to disclose this information
belongs solely |
| |||||||
| |||||||
1 | to the Director and is not subject to a release or waiver by | ||||||
2 | the
employing unit.
| ||||||
3 | F. The Director may furnish any information that he may | ||||||
4 | deem proper to
any public officer or public agency of this or | ||||||
5 | any other State or of the
federal government dealing with:
| ||||||
6 | 1. the administration of relief,
| ||||||
7 | 2. public assistance,
| ||||||
8 | 3. unemployment compensation,
| ||||||
9 | 4. a system of public employment offices,
| ||||||
10 | 5. wages and hours of employment, or
| ||||||
11 | 6. a public works program.
| ||||||
12 | The Director may make available to the Illinois Workers' | ||||||
13 | Compensation Commission
information regarding employers for | ||||||
14 | the purpose of verifying the insurance
coverage required under | ||||||
15 | the Workers' Compensation Act and Workers'
Occupational | ||||||
16 | Diseases Act.
| ||||||
17 | G. The Director may disclose information submitted by the | ||||||
18 | State or any
of its political subdivisions, municipal | ||||||
19 | corporations, instrumentalities,
or school or community | ||||||
20 | college districts, except for information which
specifically | ||||||
21 | identifies an individual claimant.
| ||||||
22 | H. The Director shall disclose only that information | ||||||
23 | required to be
disclosed under Section 303 of the Social | ||||||
24 | Security Act, as amended, including:
| ||||||
25 | 1. any information required to be given the United | ||||||
26 | States Department of
Labor under Section 303(a)(6); and
|
| |||||||
| |||||||
1 | 2. the making available upon request to any agency of | ||||||
2 | the United States
charged with the administration of public | ||||||
3 | works or assistance through
public employment, the name, | ||||||
4 | address, ordinary occupation and employment
status of each | ||||||
5 | recipient of unemployment compensation, and a statement of
| ||||||
6 | such recipient's right to further compensation under such | ||||||
7 | law as required
by Section 303(a)(7); and
| ||||||
8 | 3. records to make available to the Railroad Retirement | ||||||
9 | Board as
required by Section 303(c)(1); and
| ||||||
10 | 4. information that will assure reasonable cooperation | ||||||
11 | with every agency
of the United States charged with the | ||||||
12 | administration of any unemployment
compensation law as | ||||||
13 | required by Section 303(c)(2); and
| ||||||
14 | 5. information upon request and on a reimbursable basis | ||||||
15 | to the United
States Department of Agriculture and to any | ||||||
16 | State food stamp agency
concerning any information | ||||||
17 | required to be furnished by Section 303(d); and
| ||||||
18 | 6. any wage information upon request and on a | ||||||
19 | reimbursable basis
to any State or local child support | ||||||
20 | enforcement agency required by
Section 303(e); and
| ||||||
21 | 7. any information required under the income | ||||||
22 | eligibility and
verification system as required by Section | ||||||
23 | 303(f); and
| ||||||
24 | 8. information that might be useful in locating an | ||||||
25 | absent parent or that
parent's employer, establishing | ||||||
26 | paternity or establishing, modifying, or
enforcing child |
| |||||||
| |||||||
1 | support orders
for the purpose of a child support | ||||||
2 | enforcement program
under Title IV of the Social Security | ||||||
3 | Act upon the request of
and on a reimbursable basis to
the | ||||||
4 | public
agency administering the Federal Parent Locator | ||||||
5 | Service as required by
Section 303(h); and
| ||||||
6 | 9. information, upon request, to representatives of | ||||||
7 | any federal, State
or local governmental public housing | ||||||
8 | agency with respect to individuals who
have signed the | ||||||
9 | appropriate consent form approved by the Secretary of | ||||||
10 | Housing
and Urban Development and who are applying for or | ||||||
11 | participating in any housing
assistance program | ||||||
12 | administered by the United States Department of Housing and
| ||||||
13 | Urban Development as required by Section 303(i).
| ||||||
14 | I. The Director, upon the request of a public agency of | ||||||
15 | Illinois, of the
federal government or of any other state | ||||||
16 | charged with the investigation or
enforcement of Section 10-5 | ||||||
17 | of the Criminal Code of 2012 (or a similar
federal law or | ||||||
18 | similar law of another State), may furnish the public agency
| ||||||
19 | information regarding the individual specified in the request | ||||||
20 | as to:
| ||||||
21 | 1. the current or most recent home address of the | ||||||
22 | individual, and
| ||||||
23 | 2. the names and addresses of the individual's | ||||||
24 | employers.
| ||||||
25 | J. Nothing in this Section shall be deemed to interfere | ||||||
26 | with the
disclosure of certain records as provided for in |
| |||||||
| |||||||
1 | Section 1706 or with the
right to make available to the | ||||||
2 | Internal Revenue Service of the United
States Department of the | ||||||
3 | Treasury, or the Department of Revenue of the
State of | ||||||
4 | Illinois, information obtained under this Act.
| ||||||
5 | K. The Department shall make available to the Illinois | ||||||
6 | Student Assistance
Commission, upon request, information in | ||||||
7 | the possession of the Department that
may be necessary or | ||||||
8 | useful to the
Commission in the collection of defaulted or | ||||||
9 | delinquent student loans which
the Commission administers.
| ||||||
10 | L. The Department shall make available to the State | ||||||
11 | Employees'
Retirement System, the State Universities | ||||||
12 | Retirement System, the
Teachers' Retirement System of the State | ||||||
13 | of Illinois, and the Department of Central Management Services, | ||||||
14 | Risk Management Division, upon request,
information in the | ||||||
15 | possession of the Department that may be necessary or useful
to | ||||||
16 | the System or the Risk Management Division for the purpose of | ||||||
17 | determining whether any recipient of a
disability benefit from | ||||||
18 | the System or a workers' compensation benefit from the Risk | ||||||
19 | Management Division is gainfully employed.
| ||||||
20 | M. This Section shall be applicable to the information | ||||||
21 | obtained in the
administration of the State employment service, | ||||||
22 | except that the Director
may publish or release general labor | ||||||
23 | market information and may furnish
information that he may deem | ||||||
24 | proper to an individual, public officer or
public agency of | ||||||
25 | this or any other State or the federal government (in
addition | ||||||
26 | to those public officers or public agencies specified in this
|
| |||||||
| |||||||
1 | Section) as he prescribes by Rule.
| ||||||
2 | N. The Director may require such safeguards as he deems | ||||||
3 | proper to insure
that information disclosed pursuant to this | ||||||
4 | Section is used only for the
purposes set forth in this | ||||||
5 | Section.
| ||||||
6 | O. Nothing in this Section prohibits communication with an | ||||||
7 | individual or entity through unencrypted e-mail or other | ||||||
8 | unencrypted electronic means as long as the communication does | ||||||
9 | not contain the individual's or entity's name in combination | ||||||
10 | with any one or more of the individual's or entity's social | ||||||
11 | security number; driver's license or State identification | ||||||
12 | number; account number or credit or debit card number; or any | ||||||
13 | required security code, access code, or password that would | ||||||
14 | permit access to further information pertaining to the | ||||||
15 | individual or entity.
| ||||||
16 | P. Within 30 days after the effective date of this | ||||||
17 | amendatory Act of 1993
and annually thereafter, the Department | ||||||
18 | shall provide to the Department of
Financial Institutions a | ||||||
19 | list of individuals or entities that, for the most
recently | ||||||
20 | completed calendar year, report to the Department as paying | ||||||
21 | wages to
workers. The lists shall be deemed confidential and | ||||||
22 | may not be disclosed to
any other person.
| ||||||
23 | Q. The Director shall make available to an elected federal
| ||||||
24 | official the name and address of an individual or entity that | ||||||
25 | is located within
the jurisdiction from which the official was | ||||||
26 | elected and that, for the most
recently completed calendar |
| |||||||
| |||||||
1 | year, has reported to the Department as paying
wages to | ||||||
2 | workers, where the information will be used in connection with | ||||||
3 | the
official duties of the official and the official requests | ||||||
4 | the information in
writing, specifying the purposes for which | ||||||
5 | it will be used.
For purposes of this subsection, the use of | ||||||
6 | information in connection with the
official duties of an | ||||||
7 | official does not include use of the information in
connection | ||||||
8 | with the solicitation of contributions or expenditures, in | ||||||
9 | money or
in kind, to or on behalf of a candidate for public or | ||||||
10 | political office or a
political party or with respect to a | ||||||
11 | public question, as defined in Section 1-3
of the Election | ||||||
12 | Code, or in connection with any commercial solicitation. Any
| ||||||
13 | elected federal official who, in submitting a request for | ||||||
14 | information
covered by this subsection, knowingly makes a false | ||||||
15 | statement or fails to
disclose a material fact, with the intent | ||||||
16 | to obtain the information for a
purpose not authorized by this | ||||||
17 | subsection, shall be guilty of a Class B
misdemeanor.
| ||||||
18 | R. The Director may provide to any State or local child | ||||||
19 | support
agency, upon request and on a reimbursable basis, | ||||||
20 | information that might be
useful in locating an absent parent | ||||||
21 | or that parent's employer, establishing
paternity, or | ||||||
22 | establishing, modifying, or enforcing child support orders.
| ||||||
23 | S. The Department shall make available to a State's | ||||||
24 | Attorney of this
State or a State's Attorney's investigator,
| ||||||
25 | upon request, the current address or, if the current address is
| ||||||
26 | unavailable, current employer information, if available, of a |
| |||||||
| |||||||
1 | victim of
a felony or a
witness to a felony or a person against | ||||||
2 | whom an arrest warrant is
outstanding.
| ||||||
3 | T. The Director shall make available to the Department of | ||||||
4 | State Police, a county sheriff's office, or a municipal police | ||||||
5 | department, upon request, any information concerning the | ||||||
6 | current address and place of employment or former places of | ||||||
7 | employment of a person who is required to register as a sex | ||||||
8 | offender under the Sex Offender Registration Act that may be | ||||||
9 | useful in enforcing the registration provisions of that Act.
| ||||||
10 | U. The Director shall make information available to the | ||||||
11 | Department of Healthcare and Family Services and the Department | ||||||
12 | of Human Services for the purpose of determining eligibility | ||||||
13 | for public benefit programs authorized under the Illinois | ||||||
14 | Public Aid Code and related statutes administered by those | ||||||
15 | departments, for verifying sources and amounts of income, and | ||||||
16 | for other purposes directly connected with the administration | ||||||
17 | of those programs. | ||||||
18 | V. The Director shall make information available to the | ||||||
19 | State Board of Elections as may be required by an agreement the | ||||||
20 | State Board of Elections has entered into with a multi-state | ||||||
21 | voter registration list maintenance system. | ||||||
22 | W. The Director shall make information available to the | ||||||
23 | State Treasurer's office and the Department of Revenue for the | ||||||
24 | purpose of facilitating compliance with the Illinois Secure | ||||||
25 | Choice Savings Program Act, including employer contact | ||||||
26 | information for employers with 25 or more employees and any |
| |||||||
| |||||||
1 | other information the Director deems appropriate that is | ||||||
2 | directly related to the administration of this program. | ||||||
3 | (Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12; | ||||||
4 | 97-1150, eff. 1-25-13; 98-1171, eff. 6-1-15 .)
|