STATE GOVERNMENT-TECH

Full Bill Text

SB0807 Enrolled LRB104 07206 SPS 17243 b 1 AN ACT concerning State government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Unemployment Insurance Act is amended by 5 changing Sections 401, 403, 700, 1505, 1506.6, and 2800 as 6 follows: 7 (820 ILCS 405/401) (from Ch. 48, par. 401) 8 Sec. 401. Weekly Benefit Amount - Dependents' Allowances. 9 (I) A. With respect to any week beginning in a benefit year 10 beginning prior to January 4, 2004, an individual's weekly 11 benefit amount shall be an amount equal to the weekly benefit 12 amount as defined in the provisions of this Act as amended and 13 in effect on November 18, 2011. 14 B. 1. With respect to any benefit year beginning on or 15 after January 4, 2004 and before January 6, 2008, an 16 individual's weekly benefit amount shall be 48% of the 17 individual's prior average weekly wage, rounded (if not 18 already a multiple of one dollar) to the next higher dollar; 19 provided, however, that the weekly benefit amount cannot 20 exceed the maximum weekly benefit amount and cannot be less 21 than $51. Except as otherwise provided in this Section, with 22 respect to any benefit year beginning on or after January 6, 23 2008, an individual's weekly benefit amount shall be 47% of SB0807 Enrolled - 2 - LRB104 07206 SPS 17243 b 1 the individual's prior average weekly wage, rounded (if not 2 already a multiple of one dollar) to the next higher dollar; 3 provided, however, that the weekly benefit amount cannot 4 exceed the maximum weekly benefit amount and cannot be less 5 than $51. With respect to any benefit year beginning on or 6 after January 1, 2029 2027 and before January 1, 2030 2028 , an 7 individual's weekly benefit amount shall be 40.8% 40.6% of the 8 individual's prior average weekly wage, rounded (if not 9 already a multiple of one dollar) to the next higher dollar; 10 provided, however, that the weekly benefit amount cannot 11 exceed the maximum weekly benefit amount and cannot be less 12 than $51. 13 2. For the purposes of this subsection: 14 An individual's "prior average weekly wage" means the 15 total wages for insured work paid to that individual during 16 the 2 calendar quarters of the individual's base period in 17 which such total wages were highest, divided by 26. If the 18 quotient is not already a multiple of one dollar, it shall be 19 rounded to the nearest dollar; however if the quotient is 20 equally near 2 multiples of one dollar, it shall be rounded to 21 the higher multiple of one dollar. 22 "Determination date" means June 1 and December 1 of each 23 calendar year except that, for the purposes of this Act only, 24 there shall be no June 1 determination date in any year. 25 "Determination period" means, with respect to each June 1 26 determination date, the 12 consecutive calendar months ending SB0807 Enrolled - 3 - LRB104 07206 SPS 17243 b 1 on the immediately preceding December 31 and, with respect to 2 each December 1 determination date, the 12 consecutive 3 calendar months ending on the immediately preceding June 30. 4 "Benefit period" means the 12 consecutive calendar month 5 period beginning on the first day of the first calendar month 6 immediately following a determination date, except that, with 7 respect to any calendar year in which there is a June 1 8 determination date, "benefit period" shall mean the 6 9 consecutive calendar month period beginning on the first day 10 of the first calendar month immediately following the 11 preceding December 1 determination date and the 6 consecutive 12 calendar month period beginning on the first day of the first 13 calendar month immediately following the June 1 determination 14 date. 15 "Gross wages" means all the wages paid to individuals 16 during the determination period immediately preceding a 17 determination date for insured work, and reported to the 18 Director by employers prior to the first day of the third 19 calendar month preceding that date. 20 "Covered employment" for any calendar month means the 21 total number of individuals, as determined by the Director, 22 engaged in insured work at mid-month. 23 "Average monthly covered employment" means one-twelfth of 24 the sum of the covered employment for the 12 months of a 25 determination period. 26 "Statewide average annual wage" means the quotient, SB0807 Enrolled - 4 - LRB104 07206 SPS 17243 b 1 obtained by dividing gross wages by average monthly covered 2 employment for the same determination period, rounded (if not 3 already a multiple of one cent) to the nearest cent. 4 "Statewide average weekly wage" means the quotient, 5 obtained by dividing the statewide average annual wage by 52, 6 rounded (if not already a multiple of one cent) to the nearest 7 cent. Notwithstanding any provision of this Section to the 8 contrary, the statewide average weekly wage for any benefit 9 period prior to calendar year 2012 shall be as determined by 10 the provisions of this Act as amended and in effect on November 11 18, 2011. Notwithstanding any provisions of this Section to 12 the contrary, the statewide average weekly wage for the 13 benefit period of calendar year 2012 shall be $856.55 and for 14 each calendar year thereafter, the statewide average weekly 15 wage shall be the statewide average weekly wage, as determined 16 in accordance with this sentence, for the immediately 17 preceding benefit period plus (or minus) an amount equal to 18 the percentage change in the statewide average weekly wage, as 19 computed in accordance with the first sentence of this 20 paragraph, between the 2 immediately preceding benefit 21 periods, multiplied by the statewide average weekly wage, as 22 determined in accordance with this sentence, for the 23 immediately preceding benefit period. However, for purposes of 24 the Workers' Compensation Act, the statewide average weekly 25 wage will be computed using June 1 and December 1 26 determination dates of each calendar year and such SB0807 Enrolled - 5 - LRB104 07206 SPS 17243 b 1 determination shall not be subject to the limitation of the 2 statewide average weekly wage as computed in accordance with 3 the preceding sentence of this paragraph. 4 With respect to any week beginning in a benefit year 5 beginning prior to January 4, 2004, "maximum weekly benefit 6 amount" with respect to each week beginning within a benefit 7 period shall be as defined in the provisions of this Act as 8 amended and in effect on November 18, 2011. 9 With respect to any benefit year beginning on or after 10 January 4, 2004 and before January 6, 2008, "maximum weekly 11 benefit amount" with respect to each week beginning within a 12 benefit period means 48% of the statewide average weekly wage, 13 rounded (if not already a multiple of one dollar) to the next 14 higher dollar. 15 Except as otherwise provided in this Section, with respect 16 to any benefit year beginning on or after January 6, 2008, 17 "maximum weekly benefit amount" with respect to each week 18 beginning within a benefit period means 47% of the statewide 19 average weekly wage, rounded (if not already a multiple of one 20 dollar) to the next higher dollar. 21 With respect to any benefit year beginning on or after 22 January 1, 2029 2027 and before January 1, 2030 2028 , "maximum 23 weekly benefit amount" with respect to each week beginning 24 within a benefit period means 40.8% 40.6% of the statewide 25 average weekly wage, rounded (if not already a multiple of one 26 dollar) to the next higher dollar. SB0807 Enrolled - 6 - LRB104 07206 SPS 17243 b 1 C. With respect to any week beginning in a benefit year 2 beginning prior to January 4, 2004, an individual's 3 eligibility for a dependent allowance with respect to a 4 nonworking spouse or one or more dependent children shall be 5 as defined by the provisions of this Act as amended and in 6 effect on November 18, 2011. 7 With respect to any benefit year beginning on or after 8 January 4, 2004 and before January 6, 2008, an individual to 9 whom benefits are payable with respect to any week shall, in 10 addition to those benefits, be paid, with respect to such 11 week, as follows: in the case of an individual with a 12 nonworking spouse, 9% of the individual's prior average weekly 13 wage, rounded (if not already a multiple of one dollar) to the 14 next higher dollar, provided, that the total amount payable to 15 the individual with respect to a week shall not exceed 57% of 16 the statewide average weekly wage, rounded (if not already a 17 multiple of one dollar) to the next higher dollar; and in the 18 case of an individual with a dependent child or dependent 19 children, 17.2% of the individual's prior average weekly wage, 20 rounded (if not already a multiple of one dollar) to the next 21 higher dollar, provided that the total amount payable to the 22 individual with respect to a week shall not exceed 65.2% of the 23 statewide average weekly wage, rounded (if not already a 24 multiple of one dollar) to the next higher dollar. 25 With respect to any benefit year beginning on or after 26 January 6, 2008 and before January 1, 2010, an individual to SB0807 Enrolled - 7 - LRB104 07206 SPS 17243 b 1 whom benefits are payable with respect to any week shall, in 2 addition to those benefits, be paid, with respect to such 3 week, as follows: in the case of an individual with a 4 nonworking spouse, 9% of the individual's prior average weekly 5 wage, rounded (if not already a multiple of one dollar) to the 6 next higher dollar, provided, that the total amount payable to 7 the individual with respect to a week shall not exceed 56% of 8 the statewide average weekly wage, rounded (if not already a 9 multiple of one dollar) to the next higher dollar; and in the 10 case of an individual with a dependent child or dependent 11 children, 18.2% of the individual's prior average weekly wage, 12 rounded (if not already a multiple of one dollar) to the next 13 higher dollar, provided that the total amount payable to the 14 individual with respect to a week shall not exceed 65.2% of the 15 statewide average weekly wage, rounded (if not already a 16 multiple of one dollar) to the next higher dollar. 17 The additional amount paid pursuant to this subsection in 18 the case of an individual with a dependent child or dependent 19 children shall be referred to as the "dependent child 20 allowance", and the percentage rate by which an individual's 21 prior average weekly wage is multiplied pursuant to this 22 subsection to calculate the dependent child allowance shall be 23 referred to as the "dependent child allowance rate". 24 Except as otherwise provided in this Section, with respect 25 to any benefit year beginning on or after January 1, 2010, an 26 individual to whom benefits are payable with respect to any SB0807 Enrolled - 8 - LRB104 07206 SPS 17243 b 1 week shall, in addition to those benefits, be paid, with 2 respect to such week, as follows: in the case of an individual 3 with a nonworking spouse, the greater of (i) 9% of the 4 individual's prior average weekly wage, rounded (if not 5 already a multiple of one dollar) to the next higher dollar, or 6 (ii) $15, provided that the total amount payable to the 7 individual with respect to a week shall not exceed 56% of the 8 statewide average weekly wage, rounded (if not already a 9 multiple of one dollar) to the next higher dollar; and in the 10 case of an individual with a dependent child or dependent 11 children, the greater of (i) the product of the dependent 12 child allowance rate multiplied by the individual's prior 13 average weekly wage, rounded (if not already a multiple of one 14 dollar) to the next higher dollar, or (ii) the lesser of $50 or 15 50% of the individual's weekly benefit amount, rounded (if not 16 already a multiple of one dollar) to the next higher dollar, 17 provided that the total amount payable to the individual with 18 respect to a week shall not exceed the product of the statewide 19 average weekly wage multiplied by the sum of 47% plus the 20 dependent child allowance rate, rounded (if not already a 21 multiple of one dollar) to the next higher dollar. 22 With respect to any benefit year beginning on or after 23 January 1, 2029 2027 and before January 1, 2030 2028 , an 24 individual to whom benefits are payable with respect to any 25 week shall, in addition to those benefits, be paid, with 26 respect to such week, as follows: in the case of an individual SB0807 Enrolled - 9 - LRB104 07206 SPS 17243 b 1 with a nonworking spouse, the greater of (i) 9% of the 2 individual's prior average weekly wage, rounded (if not 3 already a multiple of one dollar) to the next higher dollar, or 4 (ii) $15, provided that the total amount payable to the 5 individual with respect to a week shall not exceed 49.8% 49.6% 6 of the statewide average weekly wage, rounded (if not already 7 a multiple of one dollar) to the next higher dollar; and in the 8 case of an individual with a dependent child or dependent 9 children, the greater of (i) the product of the dependent 10 child allowance rate multiplied by the individual's prior 11 average weekly wage, rounded (if not already a multiple of one 12 dollar) to the next higher dollar, or (ii) the lesser of $50 or 13 50% of the individual's weekly benefit amount, rounded (if not 14 already a multiple of one dollar) to the next higher dollar, 15 provided that the total amount payable to the individual with 16 respect to a week shall not exceed the product of the statewide 17 average weekly wage multiplied by the sum of 40.8% 40.6% plus 18 the dependent child allowance rate, rounded (if not already a 19 multiple of one dollar) to the next higher dollar. 20 With respect to each benefit year beginning after calendar 21 year 2012, the dependent child allowance rate shall be the sum 22 of the allowance adjustment applicable pursuant to Section 23 1400.1 to the calendar year in which the benefit year begins, 24 plus the dependent child allowance rate with respect to each 25 benefit year beginning in the immediately preceding calendar 26 year, except as otherwise provided in this subsection. The SB0807 Enrolled - 10 - LRB104 07206 SPS 17243 b 1 dependent child allowance rate with respect to each benefit 2 year beginning in calendar year 2010 shall be 17.9%. The 3 dependent child allowance rate with respect to each benefit 4 year beginning in calendar year 2011 shall be 17.4%. The 5 dependent child allowance rate with respect to each benefit 6 year beginning in calendar year 2012 shall be 17.0% and, with 7 respect to each benefit year beginning after calendar year 8 2012, shall not be less than 17.0% or greater than 17.9%. 9 For the purposes of this subsection: 10 "Dependent" means a child or a nonworking spouse. 11 "Child" means a natural child, stepchild, or adopted child 12 of an individual claiming benefits under this Act or a child 13 who is in the custody of any such individual by court order, 14 for whom the individual is supplying and, for at least 90 15 consecutive days (or for the duration of the parental 16 relationship if it has existed for less than 90 days) 17 immediately preceding any week with respect to which the 18 individual has filed a claim, has supplied more than one-half 19 the cost of support, or has supplied at least 1/4 of the cost 20 of support if the individual and the other parent, together, 21 are supplying and, during the aforesaid period, have supplied 22 more than one-half the cost of support, and are, and were 23 during the aforesaid period, members of the same household; 24 and who, on the first day of such week (a) is under 18 years of 25 age, or (b) is, and has been during the immediately preceding 26 90 days, unable to work because of illness or other SB0807 Enrolled - 11 - LRB104 07206 SPS 17243 b 1 disability: provided, that no person who has been determined 2 to be a child of an individual who has been allowed benefits 3 with respect to a week in the individual's benefit year shall 4 be deemed to be a child of the other parent, and no other 5 person shall be determined to be a child of such other parent, 6 during the remainder of that benefit year. 7 "Nonworking spouse" means the lawful husband or wife of an 8 individual claiming benefits under this Act, for whom more 9 than one-half the cost of support has been supplied by the 10 individual for at least 90 consecutive days (or for the 11 duration of the marital relationship if it has existed for 12 less than 90 days) immediately preceding any week with respect 13 to which the individual has filed a claim, but only if the 14 nonworking spouse is currently ineligible to receive benefits 15 under this Act by reason of the provisions of Section 500E. 16 An individual who was obligated by law to provide for the 17 support of a child or of a nonworking spouse for the aforesaid 18 period of 90 consecutive days, but was prevented by illness or 19 injury from doing so, shall be deemed to have provided more 20 than one-half the cost of supporting the child or nonworking 21 spouse for that period. 22 (II) (Blank). 23 (Source: P.A. 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 24 102-1105, eff. 1-1-23; 103-1059, eff. 12-20-24.) 25 (820 ILCS 405/403) (from Ch. 48, par. 403) SB0807 Enrolled - 12 - LRB104 07206 SPS 17243 b 1 Sec. 403. Maximum total amount of benefits. 2 (I) A. With respect to any benefit year beginning prior to 3 September 30, 1979, any otherwise eligible individual shall be 4 entitled, during such benefit year, to a maximum total amount 5 of benefits as shall be determined in the manner set forth in 6 this Act as amended and in effect on November 9, 1977. 7 B. With respect to any benefit year beginning on or after 8 September 30, 1979, except as otherwise provided in this 9 Section, any otherwise eligible individual shall be entitled, 10 during such benefit year, to a maximum total amount of 11 benefits equal to 26 times the individual's weekly benefit 12 amount plus dependents' allowances, or to the total wages for 13 insured work paid to such individual during the individual's 14 base period, whichever amount is smaller. With respect to any 15 benefit year beginning in calendar year 2012, any otherwise 16 eligible individual shall be entitled, during such benefit 17 year, to a maximum total amount of benefits equal to 25 times 18 the individual's weekly benefit amount plus dependents' 19 allowances, or to the total wages for insured work paid to such 20 individual during the individual's base period, whichever 21 amount is smaller. With respect to any benefit year beginning 22 on or after January 1, 2029 2027 and before January 1, 2030 23 2028 , any otherwise eligible individual shall be entitled, 24 during such benefit year, to a maximum total amount of 25 benefits equal to 24 23 times the individual's weekly benefit 26 amount plus dependents' allowances, or to the total wages for SB0807 Enrolled - 13 - LRB104 07206 SPS 17243 b 1 insured work paid to such individual during the individual's 2 base period, whichever amount is smaller. 3 (II) (Blank). 4 (Source: P.A. 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 5 102-1105, eff. 1-1-23; 103-1059, eff. 12-20-24.) 6 (820 ILCS 405/700) (from Ch. 48, par. 450) 7 Sec. 700. Filing claims for benefits. 8 A. Claims for benefits shall be made in accordance with 9 such regulations as the Director may prescribe. Each employer 10 shall post and maintain printed statements concerning such 11 regulations or such other matters as the Director may by 12 regulation prescribe in places readily accessible to 13 individuals in such employer's service. Each employer shall 14 supply to such individuals copies of such printed statements 15 or materials relating to claims for benefits as the Director 16 may by regulation prescribe. Such printed statements shall be 17 supplied by the Director to each employer without cost to the 18 employer. 19 B. 1. When an employer employing 75 or more employees in 20 this State at any point in time during the calendar year 21 immediately preceding the calendar year in which a layoff or 22 separation occurs resulting in the separation of 50 or more 23 employees at a single site of employment, excluding part-time 24 employees as defined in subsection (e) of Section 5 of the 25 Illinois Worker Adjustment and Retraining Notification Act, SB0807 Enrolled - 14 - LRB104 07206 SPS 17243 b 1 conducts such a layoff or separation, the employer shall 2 submit the name of each separated employee, each separated 3 employee's social security number, the beginning date of each 4 employee's separation, and, if applicable, the return to work 5 date for each such employee, to the Department in the secure 6 manner prescribed by the Department. Submissions required by 7 this subsection shall be sent to the Department as soon as 8 practicable prior to the beginning of any such separation. 9 2. Submission of the information by an employer in 10 accordance with this subsection shall not be construed as a 11 determination of eligibility for unemployment insurance 12 benefits, and shall have no effect on an individual or 13 employing unit's rights or responsibilities as set forth in 14 this Act unless specifically stated. The Department may adopt 15 rules necessary to implement and administer this subsection. 16 The Department is authorized to enter into an appropriate 17 agreement with the Department of Commerce and Economic 18 Opportunity to provide information submitted under this 19 subsection to assist in the coordination of layoff response 20 activities. 21 3. In no event shall this subsection apply to any employer 22 with respect to employees working in the construction industry 23 who are covered by a bona fide collective bargaining agreement 24 with a labor organization. 25 4. For the purposes of this subsection: 26 "Construction industry" means any constructing, altering, SB0807 Enrolled - 15 - LRB104 07206 SPS 17243 b 1 reconstructing, repairing, rehabilitating, refinishing, 2 refurbishing, remodeling, remediating, renovating, custom 3 fabricating, maintenance, landscaping, improving, wrecking, 4 painting, decorating, demolishing, and adding to or 5 subtracting from any building, structure, highway, roadway, 6 street, bridge, alley, sewer, ditch, sewage disposal plant, 7 water works, parking facility, railroad, excavation, or other 8 structure, project, development, or real property, or 9 improvement, or to any part thereof, including moving 10 construction-related materials on the job site to or from the 11 job site, snow plowing, snow removal, and refuse collection, 12 whether or not the performance of the work involves the 13 addition to, or fabrication into, any structure, project, 14 development, or real property, or improvement, of any material 15 or article of merchandise. 16 "Single site of employment" has the meaning set forth in 17 56 Ill. Adm. Code 230.120. 18 (Source: Laws 1951, p. 32 .) 19 (820 ILCS 405/1505) (from Ch. 48, par. 575) 20 Sec. 1505. Adjustment of state experience factor. 21 (I) A. For calendar years prior to 1988, the state 22 experience factor shall be adjusted in accordance with the 23 provisions of this Act as amended and in effect on November 18, 24 2011. 25 B. (Blank). SB0807 Enrolled - 16 - LRB104 07206 SPS 17243 b 1 C. For calendar year 1988 and each calendar year 2 thereafter, for which the state experience factor is being 3 determined. 4 1. For every $50,000,000 (or fraction thereof) by 5 which the adjusted trust fund balance falls below the 6 target balance set forth in this subsection, the state 7 experience factor for the succeeding year shall be 8 increased one percent absolute. 9 For every $50,000,000 (or fraction thereof) by which 10 the adjusted trust fund balance exceeds the target balance 11 set forth in this subsection, the state experience factor 12 for the succeeding year shall be decreased by one percent 13 absolute. 14 The target balance in each calendar year prior to 2003 15 is $750,000,000. The target balance in calendar year 2003 16 is $920,000,000. The target balance in calendar year 2004 17 is $960,000,000. The target balance in calendar year 2005 18 and each calendar year through 2022 is $1,000,000,000. The 19 target balance in calendar year 2023 and each calendar 20 year thereafter is $1,750,000,000. 21 2. For the purposes of this subsection: 22 "Net trust fund balance" is the amount standing to the 23 credit of this State's account in the unemployment trust 24 fund as of June 30 of the calendar year immediately 25 preceding the year for which a state experience factor is 26 being determined. SB0807 Enrolled - 17 - LRB104 07206 SPS 17243 b 1 "Adjusted trust fund balance" is the net trust fund 2 balance minus the sum of the benefit reserves for fund 3 building for July 1, 1987 through June 30 of the year prior 4 to the year for which the state experience factor is being 5 determined. The adjusted trust fund balance shall not be 6 less than zero. If the preceding calculation results in a 7 number which is less than zero, the amount by which it is 8 less than zero shall reduce the sum of the benefit 9 reserves for fund building for subsequent years. 10 For the purpose of determining the state experience 11 factor for 1989 and for each calendar year thereafter, the 12 following "benefit reserves for fund building" shall apply 13 for each state experience factor calculation in which that 14 12 month period is applicable: 15 a. For the 12 month period ending on June 30, 1988, 16 the "benefit reserve for fund building" shall be 17 8/104th of the total benefits paid from January 1, 18 1988 through June 30, 1988. 19 b. For the 12 month period ending on June 30, 1989, 20 the "benefit reserve for fund building" shall be the 21 sum of: 22 i. 8/104ths of the total benefits paid from 23 July 1, 1988 through December 31, 1988, plus 24 ii. 4/108ths of the total benefits paid from 25 January 1, 1989 through June 30, 1989. 26 c. For the 12 month period ending on June 30, 1990, SB0807 Enrolled - 18 - LRB104 07206 SPS 17243 b 1 the "benefit reserve for fund building" shall be 2 4/108ths of the total benefits paid from July 1, 1989 3 through December 31, 1989. 4 d. For 1992 and for each calendar year thereafter, 5 the "benefit reserve for fund building" for the 12 6 month period ending on June 30, 1991 and for each 7 subsequent 12 month period shall be zero. 8 3. Notwithstanding the preceding provisions of this 9 subsection, for calendar years 1988 through 2003, the 10 state experience factor shall not be increased or 11 decreased by more than 15 percent absolute. 12 D. Notwithstanding the provisions of subsection C, the 13 adjusted state experience factor: 14 1. Shall be 111 percent for calendar year 1988; 15 2. Shall not be less than 75 percent nor greater than 16 135 percent for calendar years 1989 through 2003; and 17 shall not be less than 75% nor greater than 150% for 18 calendar year 2004 and each calendar year thereafter, not 19 counting any increase pursuant to subsection D-1, D-2, or 20 D-3; 21 3. Shall not be decreased by more than 5 percent 22 absolute for any calendar year, beginning in calendar year 23 1989 and through calendar year 1992, by more than 6% 24 absolute for calendar years 1993 through 1995, by more 25 than 10% absolute for calendar years 1999 through 2003 and 26 by more than 12% absolute for calendar year 2004 and each SB0807 Enrolled - 19 - LRB104 07206 SPS 17243 b 1 calendar year thereafter, from the adjusted state 2 experience factor of the calendar year preceding the 3 calendar year for which the adjusted state experience 4 factor is being determined; 5 4. Shall not be increased by more than 15% absolute 6 for calendar year 1993, by more than 14% absolute for 7 calendar years 1994 and 1995, by more than 10% absolute 8 for calendar years 1999 through 2003 and by more than 16% 9 absolute for calendar year 2004 and each calendar year 10 thereafter, from the adjusted state experience factor for 11 the calendar year preceding the calendar year for which 12 the adjusted state experience factor is being determined; 13 5. Shall be 100% for calendar years 1996, 1997, and 14 1998. 15 D-1. The adjusted state experience factor for each of 16 calendar years 2013 through 2015 shall be increased by 5% 17 absolute above the adjusted state experience factor as 18 calculated without regard to this subsection. The adjusted 19 state experience factor for each of calendar years 2016 20 through 2018 shall be increased by 6% absolute above the 21 adjusted state experience factor as calculated without regard 22 to this subsection. The increase in the adjusted state 23 experience factor for calendar year 2018 pursuant to this 24 subsection shall not be counted for purposes of applying 25 paragraph 3 or 4 of subsection D to the calculation of the 26 adjusted state experience factor for calendar year 2019. SB0807 Enrolled - 20 - LRB104 07206 SPS 17243 b 1 D-2. (Blank). 2 D-3. The adjusted state experience factor for calendar 3 year 2029 2027 shall be increased by 20% absolute above the 4 adjusted state experience factor as calculated without regard 5 to this subsection. The increase in the adjusted state 6 experience factor for calendar year 2029 2027 pursuant to this 7 subsection shall not be counted for purposes of applying 8 paragraph 3 or 4 of subsection D to the calculation of the 9 adjusted state experience factor for calendar year 2030 2028 . 10 D-4. The adjusted state experience factor for calendar 11 years beginning in 2024 shall be increased by 3% absolute 12 above the adjusted state experience factor as calculated 13 without regard to this subsection or subsection D-3. The 14 increase in the state experience factor provided for in this 15 subsection shall not be counted for purposes of applying 16 paragraph 3 or 4 of subsection D to the calculation of the 17 adjusted state experience factor for the following calendar 18 year. This subsection shall cease to be operative beginning 19 January 1 of the calendar year following the calendar year in 20 which the total amount of the transfers of funds provided for 21 in subsection B of Part (I) of Section 2101.1 equals the total 22 amount of the appropriation. 23 E. The amount standing to the credit of this State's 24 account in the unemployment trust fund as of June 30 shall be 25 deemed to include as part thereof (a) any amount receivable on 26 that date from any Federal governmental agency, or as a SB0807 Enrolled - 21 - LRB104 07206 SPS 17243 b 1 payment in lieu of contributions under the provisions of 2 Sections 1403 and 1405 B and paragraph 2 of Section 302C, in 3 reimbursement of benefits paid to individuals, and (b) amounts 4 credited by the Secretary of the Treasury of the United States 5 to this State's account in the unemployment trust fund 6 pursuant to Section 903 of the Federal Social Security Act, as 7 amended, including any such amounts which have been 8 appropriated by the General Assembly in accordance with the 9 provisions of Section 2100 B for expenses of administration, 10 except any amounts which have been obligated on or before that 11 date pursuant to such appropriation. 12 (II) (Blank). 13 (Source: P.A. 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 14 102-1105, eff. 1-1-23; 103-1059, eff. 12-20-24.) 15 (820 ILCS 405/1506.6) 16 Sec. 1506.6. Surcharge; specified period. 17 (I) For each employer whose contribution rate for calendar 18 year 2029 2027 is determined pursuant to Section 1500 or 19 1506.1, in addition to the contribution rate established 20 pursuant to Section 1506.3, an additional surcharge of 0.350% 21 shall be added to the contribution rate. The surcharge 22 established by this Section shall be due at the same time as 23 other contributions with respect to the quarter are due, as 24 provided in Section 1400. Payments attributable to the 25 surcharge established pursuant to this Section shall be SB0807 Enrolled - 22 - LRB104 07206 SPS 17243 b 1 contributions and deposited into the clearing account. 2 (II) (Blank). 3 (Source: P.A. 102-671, eff. 11-30-21; 102-700, eff. 4-19-22; 4 102-1105, eff. 1-1-23; 103-1059, eff. 12-20-24.) 5 (820 ILCS 405/2800) (from Ch. 48, par. 780) 6 Sec. 2800. Violations and penalties. 7 A. It shall be unlawful for any person or employing unit 8 to-- 9 1. Make a false statement or representation or fail to 10 disclose a material fact: 11 a. To obtain, or increase, or prevent, or reduce 12 any benefit or payment under the provisions of this 13 Act, or under the unemployment compensation law of any 14 State or the Federal Government, either for himself or 15 for any other person; or 16 b. To avoid or reduce any contribution or other 17 payment required from an employing unit under this 18 Act. 19 2. Fail to pay a contribution due under the provisions 20 of this Act. 21 3. Fail to furnish any report, audit, or information 22 duly required by the Director under this Act. 23 4. Refuse to allow the Director or his duly authorized 24 representative to inspect or copy the pay roll or other 25 records or documents relative to the enforcement of this SB0807 Enrolled - 23 - LRB104 07206 SPS 17243 b 1 Act or required by this Act. 2 5. Make any deduction from the wages of any individual 3 in its employ because of its liability for the payment of 4 contributions required by this Act. 5 6. Knowingly fail to furnish to any individual in its 6 employ any notice, report, or information duly required 7 under the provisions of this Act or the rules or 8 regulations of the Director. 9 7. Attempt to induce any individual, directly or 10 indirectly (by promise of re-employment or by threat not 11 to employ or not to re-employ or by any other means), to 12 refrain from claiming or accepting benefits or to waive 13 any other rights under this Act; or to maintain a rehiring 14 policy which discriminates against former individuals in 15 its employ by reason of their having claimed benefits. 16 8. Pay contributions upon wages for services not 17 rendered for such employing unit if the purpose of such 18 payment is either to reduce the amount of contributions 19 due or to become due from any employing unit or to affect 20 the benefit rights of any individual. 21 9. Solicit, or aid or abet the solicitation of, 22 information from any individual concerning his place of 23 employment, residence, assets or earnings, by any means 24 which are intended to mislead such individual to believe 25 that the person or employing unit seeking such information 26 is the Department or one of its Divisions or branches, or a SB0807 Enrolled - 24 - LRB104 07206 SPS 17243 b 1 representative thereof. 2 B. Except as provided in subsection C, any Any employing 3 unit or person who willfully violates any provision of this 4 Section or any other provision of this Act or any rule or 5 regulation promulgated thereunder, or does any act prohibited 6 by this Act, or who fails, neglects, or refuses to perform any 7 duty required by any provision of this Act or rule or 8 regulation of the Director, within the time prescribed by the 9 Director, for which no penalty has been specifically provided, 10 or who fails, neglects, or refuses to obey any lawful order 11 given or made by the Director, shall be guilty of a Class B 12 misdemeanor, and each such act, failure, neglect, or refusal 13 shall constitute a separate and distinct offense. An employing 14 unit's or person's willful filing of a fraudulent quarterly 15 wage report shall constitute a Class 4 felony if the amount of 16 contributions owed with respect to the quarter is less than 17 $300 and a Class 3 felony if the amount of contributions owed 18 with respect to the quarter is $300 or more. An employing 19 unit's or person's willful failure to honor a subpoena issued 20 by the Department shall constitute a Class 4 felony. If a 21 person or employing unit described in this Section is a 22 corporation, the president, the secretary, and the treasurer, 23 and any other officer exercising corresponding functions, 24 shall each be subject to the aforesaid penalties for the 25 violation of any provisions of this Section of which he or they 26 had or, in the exercise of his or their duties, ought to have SB0807 Enrolled - 25 - LRB104 07206 SPS 17243 b 1 had knowledge, not including the provisions regarding the 2 filing of a fraudulent quarterly wage report or the willful 3 failure to honor a subpoena. 4 C. An employer that willfully fails to comply with the 5 requirements of subsection B of Section 700 may be subject to a 6 civil penalty of not more than $750 for each day of the 7 employer's violation after the separations begin to occur, as 8 determined by the Department. 9 (Source: P.A. 98-107, eff. 7-23-13.) 10 Section 99. Effective date. This Act takes effect January 11 1, 2027.