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



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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 3. The Illinois Income Tax Act is amended by
5changing Section 917 as follows:
6 (35 ILCS 5/917) (from Ch. 120, par. 9-917)
7 Sec. 917. Confidentiality and information sharing.
8 (a) Confidentiality. Except as provided in this Section,
9all information received by the Department from returns filed
10under this Act, or from any investigation conducted under the
11provisions of this Act, shall be confidential, except for
12official purposes within the Department or pursuant to official
13procedures for collection of any State tax or pursuant to an
14investigation or audit by the Illinois State Scholarship
15Commission of a delinquent student loan or monetary award or
16enforcement of any civil or criminal penalty or sanction
17imposed by this Act or by another statute imposing a State tax,
18and any person who divulges any such information in any manner,
19except for such purposes and pursuant to order of the Director
20or in accordance with a proper judicial order, shall be guilty
21of a Class A misdemeanor. However, the provisions of this
22paragraph are not applicable to information furnished to (i)
23the Department of Healthcare and Family Services (formerly

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1Department of Public Aid), State's Attorneys, and the Attorney
2General for child support enforcement purposes and (ii) a
3licensed attorney representing the taxpayer where an appeal or
4a protest has been filed on behalf of the taxpayer. If it is
5necessary to file information obtained pursuant to this Act in
6a child support enforcement proceeding, the information shall
7be filed under seal.
8 (b) Public information. Nothing contained in this Act shall
9prevent the Director from publishing or making available to the
10public the names and addresses of persons filing returns under
11this Act, or from publishing or making available reasonable
12statistics concerning the operation of the tax wherein the
13contents of returns are grouped into aggregates in such a way
14that the information contained in any individual return shall
15not be disclosed.
16 (c) Governmental agencies. The Director may make available
17to the Secretary of the Treasury of the United States or his
18delegate, or the proper officer or his delegate of any other
19state imposing a tax upon or measured by income, for
20exclusively official purposes, information received by the
21Department in the administration of this Act, but such
22permission shall be granted only if the United States or such
23other state, as the case may be, grants the Department
24substantially similar privileges. The Director may exchange
25information with the Department of Healthcare and Family
26Services and the Department of Human Services (acting as

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1successor to the Department of Public Aid under the Department
2of Human Services Act) for the purpose of verifying sources and
3amounts of income and for other purposes directly connected
4with the administration of this Act, the Illinois Public Aid
5Code, and any other health benefit program administered by the
6State. The Director may exchange information with the Director
7of the Department of Employment Security for the purpose of
8verifying sources and amounts of income and for other purposes
9directly connected with the administration of this Act and Acts
10administered by the Department of Employment Security. The
11Director may make available to the Illinois Workers'
12Compensation Commission information regarding employers for
13the purpose of verifying the insurance coverage required under
14the Workers' Compensation Act and Workers' Occupational
15Diseases Act. The Director may exchange information with the
16Illinois Department on Aging for the purpose of verifying
17sources and amounts of income for purposes directly related to
18confirming eligibility for participation in the programs of
19benefits authorized by the Senior Citizens and Persons with
20Disabilities Property Tax Relief and Pharmaceutical Assistance
21Act. The Director may exchange information with the State
22Treasurer's Office and the Department of Employment Security
23for the purpose of implementing, administering, and enforcing
24the Illinois Secure Choice Savings Program Act.
25 The Director may make available to any State agency,
26including the Illinois Supreme Court, which licenses persons to

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1engage in any occupation, information that a person licensed by
2such agency has failed to file returns under this Act or pay
3the tax, penalty and interest shown therein, or has failed to
4pay any final assessment of tax, penalty or interest due under
5this Act. The Director may make available to any State agency,
6including the Illinois Supreme Court, information regarding
7whether a bidder, contractor, or an affiliate of a bidder or
8contractor has failed to file returns under this Act or pay the
9tax, penalty, and interest shown therein, or has failed to pay
10any final assessment of tax, penalty, or interest due under
11this Act, for the limited purpose of enforcing bidder and
12contractor certifications. For purposes of this Section, the
13term "affiliate" means any entity that (1) directly,
14indirectly, or constructively controls another entity, (2) is
15directly, indirectly, or constructively controlled by another
16entity, or (3) is subject to the control of a common entity.
17For purposes of this subsection (a), an entity controls another
18entity if it owns, directly or individually, more than 10% of
19the voting securities of that entity. As used in this
20subsection (a), the term "voting security" means a security
21that (1) confers upon the holder the right to vote for the
22election of members of the board of directors or similar
23governing body of the business or (2) is convertible into, or
24entitles the holder to receive upon its exercise, a security
25that confers such a right to vote. A general partnership
26interest is a voting security.

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1 The Director may make available to any State agency,
2including the Illinois Supreme Court, units of local
3government, and school districts, information regarding
4whether a bidder or contractor is an affiliate of a person who
5is not collecting and remitting Illinois Use taxes, for the
6limited purpose of enforcing bidder and contractor
7certifications.
8 The Director may also make available to the Secretary of
9State information that a corporation which has been issued a
10certificate of incorporation by the Secretary of State has
11failed to file returns under this Act or pay the tax, penalty
12and interest shown therein, or has failed to pay any final
13assessment of tax, penalty or interest due under this Act. An
14assessment is final when all proceedings in court for review of
15such assessment have terminated or the time for the taking
16thereof has expired without such proceedings being instituted.
17For taxable years ending on or after December 31, 1987, the
18Director may make available to the Director or principal
19officer of any Department of the State of Illinois, information
20that a person employed by such Department has failed to file
21returns under this Act or pay the tax, penalty and interest
22shown therein. For purposes of this paragraph, the word
23"Department" shall have the same meaning as provided in Section
243 of the State Employees Group Insurance Act of 1971.
25 (d) The Director shall make available for public inspection
26in the Department's principal office and for publication, at

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1cost, administrative decisions issued on or after January 1,
21995. These decisions are to be made available in a manner so
3that the following taxpayer information is not disclosed:
4 (1) The names, addresses, and identification numbers
5 of the taxpayer, related entities, and employees.
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
10 Department shall provide by rule.
11 The Director shall determine the appropriate extent of the
12deletions allowed in paragraph (2). In the event the taxpayer
13does not submit deletions, the Director shall make only the
14deletions specified in paragraph (1).
15 The Director shall make available for public inspection and
16publication an administrative decision within 180 days after
17the issuance of the administrative decision. The term
18"administrative decision" has the same meaning as defined in
19Section 3-101 of Article III of the Code of Civil Procedure.
20Costs collected under this Section shall be paid into the Tax
21Compliance and Administration Fund.
22 (e) Nothing contained in this Act shall prevent the
23Director from divulging information to any person pursuant to a
24request or authorization made by the taxpayer, by an authorized
25representative of the taxpayer, or, in the case of information
26related to a joint return, by the spouse filing the joint

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1return with the taxpayer.
2(Source: P.A. 99-143, eff. 7-27-15.)
3 Section 5. The Illinois Secure Choice Savings Program Act
4is amended by changing Sections 30, 35, and 60 as follows:
5 (820 ILCS 80/30)
6 Sec. 30. Duties of the Board. In addition to the other
7duties and responsibilities stated in this Act, the Board
8shall:
9 (a) Cause the Program to be designed, established and
10operated in a manner that:
11 (1) accords with best practices for retirement savings
12 vehicles;
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;
19 (5) ensures the portability of benefits; and
20 (6) provides for the deaccumulation of enrollee assets
21 in a manner that maximizes financial security in
22 retirement.
23 (b) Appoint a trustee to the IRA Fund in compliance with
24Section 408 of the Internal Revenue Code.

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1 (c) Explore and establish investment options, subject to
2Section 45 of this Act, that offer employees returns on
3contributions and the conversion of individual retirement
4savings account balances to secure retirement income without
5incurring debt or liabilities to the State.
6 (d) Establish the process by which interest, investment
7earnings, and investment losses are allocated to individual
8program accounts on a pro rata basis and are computed at the
9interest rate on the balance of an individual's account.
10 (e) Make and enter into contracts necessary for the
11administration of the Program and Fund, including, but not
12limited to, retaining and contracting with investment
13managers, private financial institutions, other financial and
14service providers, consultants, actuaries, counsel, auditors,
15third-party administrators, and other professionals as
16necessary.
17 (e-5) Conduct a review of the performance of any investment
18vendors every 4 years, including, but not limited to, a review
19of returns, fees, and customer service. A copy of reviews
20conducted under this subsection (e-5) shall be posted to the
21Board's Internet website.
22 (f) Determine the number and duties of staff members needed
23to administer the Program and assemble such a staff, including,
24as needed, employing staff, appointing a Program
25administrator, and entering into contracts with the State
26Treasurer to make employees of the State Treasurer's Office

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1available to administer the Program.
2 (g) Cause moneys in the Fund to be held and invested as
3pooled investments described in Section 45 of this Act, with a
4view to achieving cost savings through efficiencies and
5economies of scale.
6 (h) Evaluate and establish the process by which an enrollee
7is able to contribute a portion of his or her wages to the
8Program for automatic deposit of those contributions and the
9process by which the participating employer provides a payroll
10deposit retirement savings arrangement to forward those
11contributions and related information to the Program,
12including, but not limited to, contracting with financial
13service companies and third-party administrators with the
14capability to receive and process employee information and
15contributions for payroll deposit retirement savings
16arrangements or similar arrangements.
17 (i) Design and establish the process for enrollment under
18Section 60 of this Act, including the process by which an
19employee can opt not to participate in the Program, select a
20contribution level, select an investment option, and terminate
21participation in the Program.
22 (j) Evaluate and establish the process by which an
23individual may voluntarily enroll in and make contributions to
24the Program.
25 (k) Accept any grants, appropriations, or other moneys from
26the State, any unit of federal, State, or local government, or

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1any other person, firm, partnership, or corporation solely for
2deposit into the Fund, whether for investment or administrative
3purposes.
4 (l) Evaluate the need for, and procure as needed, insurance
5against any and all loss in connection with the property,
6assets, or activities of the Program, and indemnify as needed
7each member of the Board from personal loss or liability
8resulting from a member's action or inaction as a member of the
9Board.
10 (m) Make provisions for the payment of administrative costs
11and expenses for the creation, management, and operation of the
12Program, including the costs associated with subsection (b) of
13Section 20 of this Act, subsections (e), (f), (h), and (l) of
14this Section, subsection (b) of Section 45 of this Act,
15subsection (a) of Section 80 of this Act, and subsection (n) of
16Section 85 of this Act. Subject to appropriation, the State may
17pay administrative costs associated with the creation and
18management of the Program until sufficient assets are available
19in the Fund for that purpose. Thereafter, all administrative
20costs of the Fund, including repayment of any start-up funds
21provided by the State, shall be paid only out of moneys on
22deposit therein. However, private funds or federal funding
23received under subsection (k) of Section 30 of this Act in
24order to implement the Program until the Fund is
25self-sustaining shall not be repaid unless those funds were
26offered contingent upon the promise of such repayment. The

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1Board shall keep total annual administrative expenses as low as
2possible, but in no event shall they exceed 0.75% of the total
3trust balance.
4 (n) Allocate administrative fees to individual retirement
5accounts in the Program on a pro rata basis.
6 (o) Set minimum and maximum contribution levels in
7accordance with limits established for IRAs by the Internal
8Revenue Code.
9 (p) Facilitate education and outreach to employers and
10employees.
11 (q) Facilitate compliance by the Program with all
12applicable requirements for the Program under the Internal
13Revenue Code, including tax qualification requirements or any
14other applicable law and accounting requirements.
15 (r) Carry out the duties and obligations of the Program in
16an effective, efficient, and low-cost manner.
17 (s) Exercise any and all other powers reasonably necessary
18for the effectuation of the purposes, objectives, and
19provisions of this Act pertaining to the Program.
20 (t) Deposit into the Illinois Secure Choice Administrative
21Fund all grants, gifts, donations, fees, and earnings from
22investments from the Illinois Secure Choice Savings Program
23Fund that are used to recover administrative costs. All
24expenses of the Board shall be paid from the Illinois Secure
25Choice Administrative Fund.
26(Source: P.A. 98-1150, eff. 6-1-15.)

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1 (820 ILCS 80/35)
2 Sec. 35. Risk management. The Board shall annually prepare
3and adopt a written statement of investment policy that
4includes a risk management and oversight program. This
5investment policy shall prohibit the Board, Program, and Fund
6from borrowing for investment purposes. The risk management and
7oversight program shall be designed to ensure that an effective
8risk management system is in place to monitor the risk levels
9of the Program and Fund portfolio, to ensure that the risks
10taken are prudent and properly managed, to provide an
11integrated process for overall risk management, and to assess
12investment returns as well as risk to determine if the risks
13taken are adequately compensated compared to applicable
14performance benchmarks and standards. The Board shall adopt
15consider the statement of investment policy and any changes in
16the investment policy at a public meeting of the Board. The
17investment policy and any changes to the investment policy
18shall be published on the Board's or Treasurer's website at
19least 30 days prior to implementation of such policy hearing.
20(Source: P.A. 98-1150, eff. 6-1-15.)
21 (820 ILCS 80/60)
22 Sec. 60. Program implementation and enrollment. Except as
23otherwise provided in Section 93 of this Act, the Program shall
24be implemented, and enrollment of employees shall begin, within

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124 months after the effective date of this Act. The provisions
2of this Section shall be in force after the Board opens the
3Program for enrollment.
4 (a) Each employer shall establish a payroll deposit
5retirement savings arrangement to allow each employee to
6participate in the Program at most nine months after the Board
7opens the Program for enrollment.
8 (b) Employers shall automatically enroll in the Program
9each of their employees who has not opted out of participation
10in the Program using the form described in subsection (c) of
11Section 55 of this Act and shall provide payroll deduction
12retirement savings arrangements for such employees and
13deposit, on behalf of such employees, these funds into the
14Program. Small employers may, but are not required to, provide
15payroll deduction retirement savings arrangements for each
16employee who elects to participate in the Program. Small
17employers' use of automatic enrollment for employees is subject
18to final rules from the United States Department of Labor.
19Utilization of automatic enrollment by small employers may be
20allowed only if it does not create employer liability under the
21federal Employee Retirement Income Security Act.
22 (c) Enrollees shall have the ability to select a
23contribution level into the Fund. This level may be expressed
24as a percentage of wages or as a dollar amount up to the
25deductible amount for the enrollee's taxable year under Section
26219(b)(1)(A) of the Internal Revenue Code. Enrollees may change

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1their contribution level at any time, subject to rules
2promulgated by the Board. If an enrollee fails to select a
3contribution level using the form described in subsection (c)
4of Section 55 of this Act, then he or she shall contribute 3%
5of his or her wages to the Program, provided that such
6contributions shall not cause the enrollee's total
7contributions to IRAs for the year to exceed the deductible
8amount for the enrollee's taxable year under Section
9219(b)(1)(A) of the Internal Revenue Code.
10 (d) Enrollees may select an investment option from the
11permitted investment options listed in Section 45 of this Act.
12Enrollees may change their investment option at any time,
13subject to rules promulgated by the Board. In the event that an
14enrollee fails to select an investment option, that enrollee
15shall be placed in the investment option selected by the Board
16as the default under subsection (c) of Section 45 of this Act.
17If the Board has not selected a default investment option under
18subsection (c) of Section 45 of this Act, then an enrollee who
19fails to select an investment option shall be placed in the
20life-cycle fund investment option.
21 (e) Following initial implementation of the Program
22pursuant to this Section, at least once every year,
23participating employers shall designate an open enrollment
24period during which employees who previously opted out of the
25Program may enroll in the Program.
26 (f) An employee who opts out of the Program who

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1subsequently wants to participate through the participating
2employer's payroll deposit retirement savings arrangement may
3only enroll during the participating employer's designated
4open enrollment period or if permitted by the participating
5employer at an earlier time.
6 (g) Employers shall retain the option at all times to set
7up any type of employer-sponsored retirement plan, such as a
8defined 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
11deduction IRA, instead of having a payroll deposit retirement
12savings arrangement to allow employee participation in the
13Program.
14 (h) An employee may terminate his or her participation in
15the Program at any time in a manner prescribed by the Board.
16 (i) The Board shall establish and maintain an Internet
17website designed to assist employers in identifying private
18sector providers of retirement arrangements that can be set up
19by the employer rather than allowing employee participation in
20the Program under this Act; however, the Board shall only
21establish and maintain an Internet website under this
22subsection if there is sufficient interest in such an Internet
23website by private sector providers and if the private sector
24providers furnish the funding necessary to establish and
25maintain the Internet website. The Board must provide public
26notice of the availability of and the process for inclusion on

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1the Internet website before it becomes publicly available. This
2Internet website must be available to the public before the
3Board opens the Program for enrollment, and the Internet
4website address must be included on any Internet website
5posting or other materials regarding the Program offered to the
6public by the Board.
7(Source: P.A. 98-1150, eff. 6-1-15.)
8 Section 10. The Unemployment Insurance Act is amended by
9changing 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
13from any individual or employing unit during the administration
14of 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
23therein) issued pursuant to this Act shall be admissible or
24used in evidence in any action other than one arising out of

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1this Act, nor shall it be binding or conclusive except as
2provided in this Act, nor shall it constitute res judicata,
3regardless of whether the actions were between the same or
4related parties or involved the same facts.
5 C. Any officer or employee of this State, any officer or
6employee of any entity authorized to obtain information
7pursuant to this Section, and any agent of this State or of
8such entity who, except with authority of the Director under
9this Section, shall disclose information shall be guilty of a
10Class B misdemeanor and shall be disqualified from holding any
11appointment or employment by the State.
12 D. An individual or his duly authorized agent may be
13supplied with information from records only to the extent
14necessary for the proper presentation of his claim for benefits
15or with his existing or prospective rights to benefits.
16Discretion to disclose this information belongs solely to the
17Director and is not subject to a release or waiver by the
18individual. Notwithstanding any other provision to the
19contrary, an individual or his or her duly authorized agent may
20be supplied with a statement of the amount of benefits paid to
21the individual during the 18 months preceding the date of his
22or her request.
23 E. An employing unit may be furnished with information,
24only if deemed by the Director as necessary to enable it to
25fully discharge its obligations or safeguard its rights under
26the Act. Discretion to disclose this information belongs solely

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1to the Director and is not subject to a release or waiver by
2the employing unit.
3 F. The Director may furnish any information that he may
4deem proper to any public officer or public agency of this or
5any 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'
13Compensation Commission information regarding employers for
14the purpose of verifying the insurance coverage required under
15the Workers' Compensation Act and Workers' Occupational
16Diseases Act.
17 G. The Director may disclose information submitted by the
18State or any of its political subdivisions, municipal
19corporations, instrumentalities, or school or community
20college districts, except for information which specifically
21identifies an individual claimant.
22 H. The Director shall disclose only that information
23required to be disclosed under Section 303 of the Social
24Security 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

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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

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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
15Illinois, of the federal government or of any other state
16charged with the investigation or enforcement of Section 10-5
17of the Criminal Code of 2012 (or a similar federal law or
18similar law of another State), may furnish the public agency
19information regarding the individual specified in the request
20as 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
26with the disclosure of certain records as provided for in

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1Section 1706 or with the right to make available to the
2Internal Revenue Service of the United States Department of the
3Treasury, or the Department of Revenue of the State of
4Illinois, information obtained under this Act.
5 K. The Department shall make available to the Illinois
6Student Assistance Commission, upon request, information in
7the possession of the Department that may be necessary or
8useful to the Commission in the collection of defaulted or
9delinquent student loans which the Commission administers.
10 L. The Department shall make available to the State
11Employees' Retirement System, the State Universities
12Retirement System, the Teachers' Retirement System of the State
13of Illinois, and the Department of Central Management Services,
14Risk Management Division, upon request, information in the
15possession of the Department that may be necessary or useful to
16the System or the Risk Management Division for the purpose of
17determining whether any recipient of a disability benefit from
18the System or a workers' compensation benefit from the Risk
19Management Division is gainfully employed.
20 M. This Section shall be applicable to the information
21obtained in the administration of the State employment service,
22except that the Director may publish or release general labor
23market information and may furnish information that he may deem
24proper to an individual, public officer or public agency of
25this or any other State or the federal government (in addition
26to those public officers or public agencies specified in this

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1Section) as he prescribes by Rule.
2 N. The Director may require such safeguards as he deems
3proper to insure that information disclosed pursuant to this
4Section is used only for the purposes set forth in this
5Section.
6 O. Nothing in this Section prohibits communication with an
7individual or entity through unencrypted e-mail or other
8unencrypted electronic means as long as the communication does
9not contain the individual's or entity's name in combination
10with any one or more of the individual's or entity's social
11security number; driver's license or State identification
12number; account number or credit or debit card number; or any
13required security code, access code, or password that would
14permit access to further information pertaining to the
15individual or entity.
16 P. Within 30 days after the effective date of this
17amendatory Act of 1993 and annually thereafter, the Department
18shall provide to the Department of Financial Institutions a
19list of individuals or entities that, for the most recently
20completed calendar year, report to the Department as paying
21wages to workers. The lists shall be deemed confidential and
22may not be disclosed to any other person.
23 Q. The Director shall make available to an elected federal
24official the name and address of an individual or entity that
25is located within the jurisdiction from which the official was
26elected and that, for the most recently completed calendar

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

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

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1other information the Director deems appropriate that is
2directly related to the administration of this program.
3(Source: P.A. 97-621, eff. 11-18-11; 97-689, eff. 6-14-12;
497-1150, eff. 1-25-13; 98-1171, eff. 6-1-15.)
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