reglab/statecodes huggingface dataset:
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart A - GENERAL PROVISIONS › Section 2765.75 - Application for Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
In order to obtain a waiver of all or part of any interest or
				  penalty, the employer must file a signed written application for waiver of the
				  interest or penalty, or both, with the Department within the time limits set
				  forth in Section
				  2765.74.
				  The application should be filed online using MyTax Illinois
				  (mytax.illinois.gov) or by mail to: Illinois Department of Employment Security,
				  Revenue Division, 33 S. State St., 10th Floor,
				  Chicago IL 60603. An application is not complete unless it contains the name
				  and address of the employer, the U.I. account number, the period involved and
				  the good cause applicable. The late payment or missing report, as provided in
				  Section 2765.74, must accompany the application. If an application for waiver
				  has been timely filed, an employer may file additional information to be
				  considered as part of its application within 30 days after filing the
				  application.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart A - GENERAL PROVISIONS › Section 2765.80 - Approval Of Application For Waiver

Current through Register Vol. 48, No. 28, July 12, 2024
If the good cause relied upon in the application is
				  sufficiently demonstrated by verifiable facts and circumstances, or supported
				  by documentary evidence, such as a medical doctor's certificate, death
				  certificate, or photocopies of the proof of casualty, the Director shall
				  approve the application and issue an order granting the
				  waiver.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart A - GENERAL PROVISIONS › Section 2765.85 - Insufficient or Incomplete Application

Current through Register Vol. 48, No. 28, July 12, 2024
If the application contains an allowable good cause but
				  otherwise is insufficient or incomplete in other respects, the employer has 15
				  days after the date of the Director's notice of application deficiency within
				  which to file an amended application based on the same ground. If an amended
				  application for waiver has been timely filed, an employer may file additional
				  information to be considered as part of its amended application within 30 days
				  after the period for filing an amended application for waiver has
				  ended.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart A - GENERAL PROVISIONS › Section 2765.90 - Disapproval Of Application Conclusive

Current through Register Vol. 48, No. 28, July 12, 2024
An order disapproving an application for lack of good cause,
				  because the amended application alleges a good cause not timely alleged in the
				  original application or because the application fails to meet the requirements
				  for waiver set forth in Section
				  2765.68
				  shall be final and conclusive upon the employer unless he shall file an appeal
				  therefrom with the Revenue Division within twenty days from the date of mailing
				  of the order.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart A - GENERAL PROVISIONS › Section 2765.95 - Appeal And Hearing

Current through Register Vol. 48, No. 28, July 12, 2024
The conduct of the appeal and hearing will be the same as
				  that provided for Determination and Assessment under 56 Ill. Adm. Code
				  2725.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart B - EXPERIENCE RATING › Section 2765.200 - Transfer of Trade or Business Subject to Section 1507.1 of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) Within 30 days
				after the date of any transfer to which Section 1507.1(A)(1) of the Act
				applies, the transferor and transferee shall provide the Department the number
				of covered workers employed by the transferor on the last day of business
				immediately preceding the date of transfer and the number of those workers
				transferred to the transferee.
b)
				In the case of a transfer to which Section 1507.1(A)(1) of the Act applies:
1) Of the benefit charges that were incurred
				by the transferor, and wages that were paid by the transferor for insured work,
				for each calendar quarter prior to the quarter in which the transfer takes
				effect:
A) the percentage apportioned to the
				transferee shall equal the percentage of the covered workers transferred to the
				transferee; and
B) the percentage
				apportioned to the transferor shall equal;
i)
				the difference between 100% and the percentage apportioned to the transferee
				pursuant to this subsection (b)(1); or
ii) in the case of multiple transferees, the
				difference between 100% and the percentage apportioned to the transferees
				pursuant to this subsection (b)(1).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart B - EXPERIENCE RATING › Section 2765.210 - Prohibition on Withdrawal of Joint Application for Partial Transfer of Experience Rating Record

Current through Register Vol. 48, No. 28, July 12, 2024
A joint application for partial transfer of the predecessor's
				  experience record, pursuant to Section 1507B of the Act, cannot be withdrawn
				  after it has been submitted to the Director.
a) EXAMPLE: After filing a joint application
				for partial transfer of the predecessor's experience rating record, one of the
				applicants determines that the partial transfer will result in an increase in
				its contribution rate. Notwithstanding the increase in its contribution rate,
				the applicant cannot request to withdraw its joint application for the partial
				transfer of the predecessor's experience rating record.
b) EXAMPLE: After the filing of a joint
				application for partial transfer of the predecessor's experience rating record,
				the Agency determines that the provisions of Section 1507B of the Act are met
				but that an affiliation (as described in the last paragraph of Section 1507B of
				the Act) exists, an applicant cannot request to withdraw its joint application
				for the partial transfer of the predecessor's experience rating
				record.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart B - EXPERIENCE RATING › Section 2765.220 - Determination of Benefit Ratio

Current through Register Vol. 48, No. 28, July 12, 2024
In determining the benefit wage or benefit ratio referred to
				  in Section 1503.1 of the Act for any calendar year, the resulting percentage
				  shall be increased or reduced, as the case may be, to the nearer multiple of
				  one-ten thousandth of one percent. If the number is equally near to 2 multiples
				  of one-ten thousandth of one percent, it shall be increased to the higher
				  multiple of one-ten thousandth of one percent.
EXAMPLE: An employer has incurred liability for the payment
				  of contributions within each of the three calendar years immediately preceding
				  calendar year 1991. Its benefit charges for the 12 consecutive month period
				  ending on June 30, 1990 are $1,659.00. The benefit conversion factor for this
				  period is 139%. The product of its benefit charges times the benefit conversion
				  factor for this period is $2,306.01. Its taxable wages for this period are
				  $340,590.00. Its benefit ratio determined by dividing $2,306.01 by $340,590.00
				  equals .67706% when calculated to one-hundred thousandths of one percent. Under
				  the rounding rule set forth in this section, its benefit ratio is increased to
				  .6771%.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart B - EXPERIENCE RATING › Section 2765.225 - Requirement for Privity in Order to Have a Predecessor Successor Relationship

Current through Register Vol. 48, No. 28, July 12, 2024
In order for a predecessor successor relationship to exist
				  under Section 1507 of the Act, there must be privity between the predecessor
				  employing unit and the successor employing unit.
a) EXAMPLE: AAA Oil Company, that owns all
				the equipment and inventory at a gas station, leases the station to Company B
				that becomes a liable employer under the Act. When Company B's lease expires,
				AAA Oil Company refuses to renew the lease and, instead, leases the station to
				Company C. Company C is not a successor to Company B because there is no
				privity between Company B and Company C.
b) EXAMPLE: Mr. Johnson operates a
				restaurant. Bank A has a chattel mortgage on the fixtures of the restaurant and
				Bank B has a mortgage on the building that houses the restaurant. Both Bank A
				and Bank B foreclose on their mortgages and Mr. Johnson goes out of business.
				The banks sell their interests in the restaurant fixtures and building to Mr.
				Moore who opens another restaurant at this same location. Mr. Moore is not a
				successor to Mr. Johnson because there is no privity between Mr. Moore and Mr.
				Johnson.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart B - EXPERIENCE RATING › Section 2765.228 - No Requirement for Continuous Operation in Order for a Predecessor Successor Relationship to Exist

Current through Register Vol. 48, No. 28, July 12, 2024
The employing enterprise that forms the basis for a
				  predecessor successor relationship under Section 1507 of the Act is not
				  required to be operated without interruption during the time that predecessor
				  employing unit is succeeding to the employing enterprises in order for the
				  relationship to exist. However, any interruption in operations must be
				  reasonable in light of the particular industry and, under no circumstances, may
				  exceed one year.
a) EXAMPLE: In April,
				1991, Mr. Stella purchases a cafe owned by Ms. Pauli. Mr. Stella decides that
				the cafe must be remodeled prior to his operating the business. Such remodeling
				takes three months. This three month gap in the operation of the cafe does not
				preclude Mr. Stella from being the successor to Ms. Pauli if the three month
				remodeling period is not unreasonable in the restaurant industry.
b) EXAMPLE: In February, 1991, S Company
				purchases the concession business at a county fairgrounds from P Company. This
				business normally operates between May and September. The gap between the date
				of purchase and the time that the business begins to operate in May will not
				preclude S Company from being found to be a successor to the employing
				enterprise of P Company.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart B - EXPERIENCE RATING › Section 2765.230 - Effect of a Transfer of Physical Assets on a Finding That a Predecessor Successor Relationship Exists

Current through Register Vol. 48, No. 28, July 12, 2024
In order for a predecessor successor relationship under
				  Section 1507 of the Act to exist, it is not necessary that there be a transfer
				  of physical assets from one employing enterprise to another. However, when only
				  physical assets are transferred, without the transfer of good will, the
				  assumption of obligation or the continuation of the enterprises, no predecessor
				  successor relationship exists.
a)
				EXAMPLE: Abe and Bill operate a partnership, known as A & B House Painters,
				that is an employer under the Act. When the partnership dissolves, Abe retains
				title to the physical assets which he then sells. Bill, now a sole proprietor,
				continues to operate the employing enterprise by continuing to service the
				customers of the partnership. Even though he received none of its physical
				assets, Bill is a successor to the partnership.
b) EXAMPLE: Alice and Bert operate a
				partnership, known as A & B House Painters, which is an employer under the
				Act. When the partnership dissolves, Alice retains title to the physical assets
				which she then sells to Clyde who also operates a house painting business.
				Clyde does not obtain any of the good will of A & B nor does he service any
				of its customers. Clyde is not a successor to A & B.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart C - BENEFIT CHARGES › Section 2765.326 - Requirement For A Separation Or A Reduction In The Work Offered In Determining The Chargeable Employer Pursuant To Section 1502.1 Of The Act

Current through Register Vol. 48, No. 28, July 12, 2024
There must be either a separation from the employer or a
				  reduction in the work offered which causes the individual to become unemployed,
				  as defined in Section 239 of the Act, for the employer to be the chargeable
				  employer under Section 1502.1 of the Act.
Example: For six months, an individual is employed on a full
				  time basis for Company A and, at the same time, works part time for Company B,
				  both liable, contributing employers. The individual is laid off by Company A
				  but does not have sufficient base period earnings to immediately file a valid
				  claim for unemployment benefits. He remains employed on a less than full time
				  basis by Company B for several months until the base periods change. He now
				  meets the requirements of Section 500E of the Act for establishing a valid
				  claim based on his base period earnings from both Company A and Company B. If
				  the individual continues to work, without a reduction in the work offered by
				  Company B and earns less than his weekly benefit amount, even though he has not
				  worked for Company A for several months, Company A will be held to be liable
				  for any benefit charges which might accrue as a result of benefit payments to
				  this individual. This is because Company B, while it meets the 30 day
				  requirement, did not cause the individual to become unemployed because it
				  neither caused his separation nor reduced the work offered to
				  him.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart C - BENEFIT CHARGES › Section 2765.332 - Effect Of Ineligibility Under Section 602(B) On Chargeability Under Section 1502.1 of The Act

Current through Register Vol. 48, No. 28, July 12, 2024
Pursuant to Section 602(B) of the Act, whenever it is
				  determined that an individual has been discharged for the commission of a
				  felony or theft connected with his work and that the employer has met certain
				  conditions set forth in that subsection of the Act, all wages earned by the
				  individual prior to the date of discharge shall be cancelled, thus making the
				  individual ineligible for benefits on the basis on such wages. An employer
				  cannot be the chargeable employer pursuant to this Subpart on the basis of
				  wages earned prior to the date of the discharge. However, if that employer were
				  to reemploy the individual after the date of discharge, such employer could be
				  the individual's chargeable employer pursuant to this subpart if the
				  requirements of the Subpart are met based only on the period of employment
				  following the date of the discharge for the felony or theft.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart C - BENEFIT CHARGES › Section 2765.336 - Non-Cancellation of Benefit Charges Due to Employer's Pattern of Failing to Respond Timely and Adequately

Current through Register Vol. 48, No. 28, July 12, 2024
a) For
				purposes of Section 706 of the Act, if benefits are paid pursuant to a finding
				or determination, or a reconsidered finding or determination, that is finally
				reversed or modified in subsequent proceedings, the benefit charges, for
				purposes set forth in Section 1502.1 of the Act, shall be treated in the same
				manner as if the reversal or modification had not occurred if:
1) The employer was the last employer with
				respect to the claim at issue;
2)
				The employer was properly notified with respect to the claim at
				issue;
3) The finding or
				determination, or reconsidered finding or determination, was attributable to
				the employer's failure to file a sufficient protest within the time required by
				56 Ill. Adm. Code
				2720.130(a)(1) or
				(d)(3), whichever is applicable;
				and
4) During the same calendar
				year, there were at least 4 prior benefit claims with respect to which:
A) subsections (a)(1), (2) and (3) applied
				with respect to the employer; and
B) benefits were paid, and the finding,
				determination or reconsidered finding or determination under which benefits
				were paid was finally reversed or modified in subsequent proceedings.
EXAMPLE: The employer fails to file a timely and sufficient
				  protest when notified initially that the claimant has filed a claim for
				  benefits and does not preserve party status. The claimant receives benefits.
				  When the employer receives its quarterly Statement of Benefit Charges, it
				  raises a question regarding the claimant's eligibility for benefits. Upon
				  investigation, the claims adjudicator determines the claimant to be ineligible
				  for benefits and establishes an overpayment for the entire amount of the
				  benefits paid to the claimant. The overpayment becomes legally final. The
				  employer's charges for this claimant's benefits will not be cancelled if,
				  within the same calendar year, there were at least four other cases to which
				  subsections (a)(4)(A) and (B) apply.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2765 - PAYMENT OF UNEMPLOYMENT CONTRIBUTIONS, INTEREST AND PENALTIES › Subpart C - BENEFIT CHARGES › Section 2765.337 - Benefits Paid During the Period Created by Section 1502.4 of the Act Attributable to COVID-19

Current through Register Vol. 48, No. 28, July 12, 2024
For purposes of Section 1502.4 of the Act, due to the
				  unprecedented rate of displacement and employer closings, both temporary and
				  permanent, the vast majority of unemployment giving rise to the payment of
				  benefits from March 15, 2020 through January 2, 2021 is presumed to be directly
				  or indirectly attributable to COVID-19. Contributing employers shall identify,
				  in the Application for Revision of a Statement of Benefit Charges, the benefit
				  charges resulting from reasons other than COVID-19, as well as any basis not
				  related to COVID-19 for seeking the cancellation of benefit charges for weeks
				  of unemployment that do not fall within that period. Employers making payments
				  in lieu of contributions shall identify, in the Application for Revision of a
				  Statement of Amount Due for Benefits Paid, the amounts due resulting from
				  reasons other than COVID-19, as well as any basis not related to COVID-19 for
				  seeking the cancellation of any amounts due for benefits paid for weeks of
				  unemployment that do not fall within that period.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2770 - DETERMINATION OF UNEMPLOYMENT CONTRIBUTIONS › Subpart A - INDUSTRIAL CLASSIFICATIONS › Section 2770.101 - Post 2002 Industrial Classification

Current through Register Vol. 48, No. 28, July 12, 2024
a) Each employer subject to the Act shall be
				assigned an industrial classification number based on its primary activity.
1) Each employer shall be assigned to a major
				Economic Sector based on the first two digits of the industrial classification
				number:
Digits
Economic Sector
11
Agriculture, Forestry, Fishing and Hunting
21
Mining
22
Utilities
23
Construction
31-33
Manufacturing
42
Wholesale Trade
44-45
Retail Trade
48-49
Transportation and Warehousing
51
Information
52
Finance and Insurance
53
Real Estate and Rental and Leasing
54
Professional, Scientific and Technical
							 Services
55
Management of Companies and Enterprises
56
Administrative and Support and Waste
							 Management
61
Educational Services
62
Health Care and Social Assistance
71
Arts, Entertainment and Recreation
72
Accommodation and Food Services
81
Other Services (except Public Administration)
92
Public Administration
99
Unclassified
2)
				The methodology for the classifications in subsection (a)(1) shall be based
				upon the North American Industry Classification System Manual, U.S. Office of
				Management and Budget (2002), which shall be incorporated and adopted by
				reference.
3) The general
				classifications to be used shall be those set forth in the above cited
				Manual.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2770 - DETERMINATION OF UNEMPLOYMENT CONTRIBUTIONS › Subpart A - INDUSTRIAL CLASSIFICATIONS › Section 2770.106 - Post-2002 Contribution Rate for Non-Experience Rated Employers

Current through Register Vol. 48, No. 28, July 12, 2024
a) For calendar
				year 2003 and each calendar year thereafter, the contribution rate under
				Section 1500(B) of the Act, for each employer who has not incurred liability
				for the payment of contributions within each of the three calendar years
				immediately preceding the calendar year for which a rate is being determined,
				shall be the greater of:
1)2.7 %, plus any
				applicable fund building rate, as imposed by Section 1506.3 of the Act
				[820
				ILCS 405/1506.3 ]; or
2) 2.7%, multiplied by the adjusted State
				experience factor, plus any applicable fund building rate, as imposed by
				Section 1506.3 of the Act; or
3)
				The employer's contribution rate calculated pursuant to Sections 1501 through
				1507 of the Act [820 ILCS 405/1501 through 1507 ], but only if this employer
				has had at least 13 consecutive months experience with the risk of unemployment
				by the June 30 preceding the calendar year for which a rate is being
				determined, plus any applicable fund building rate, as imposed by Section
				1506.3 of the Act; or
4) The mean
				average contribution rate of all experience rated employers within the specific
				Economic Sector, plus any applicable fund building rate, as imposed by Section
				1506.3 of the Act.
A) The mean average
				contribution rate for an Economic Sector shall be determined by adding the
				rates of all experience rated employers in that sector and dividing the sum by
				the number of the employers. The rate computation shall be made for each of the
				applicable years as of July 31 of the preceding year. Any change in the
				industrial classification or the contribution rate of the experience rated
				employers made after the date of computation shall not affect the established
				average rate for the Economic Sector.
B) Experience rated employers whose liability
				was terminated on or before July 31 of the calendar year used in the
				computation in subsection (a)(4)(A) shall be included for computation purposes,
				unless prior to such date, a successor has succeeded to the experience rating
				record of the employer. In these instances, only the successor rate shall be
				used.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2770 - DETERMINATION OF UNEMPLOYMENT CONTRIBUTIONS › Subpart B - ALTERNATIVE BENEFIT WAGE RATIO (Repealed) › Section 2770.160 - Adjustment Of Benefit Wage Charges And The Determination Of The Alternative Benefit Wage Ratio (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2770 - DETERMINATION OF UNEMPLOYMENT CONTRIBUTIONS › Subpart D - BENEFIT WAGE CANCELLATIONS › Section 2770.501 - Effective Date Of Benefit Wage Cancellations Pursuant To Section 1508.1 Of The Act (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2790 - COLLECTION OF UNEMPLOYMENT CONTRIBUTIONS › Subpart A - GENERAL PROVISIONS › Section 2790.1 - Collection Remedies The Same For Contributions And Payment In Lieu Of Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
All the remedies available to the Director for collecting
				  unpaid contributions are also available for collecting payments in lieu of
				  contributions payable by a reimbursable employer.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2790 - COLLECTION OF UNEMPLOYMENT CONTRIBUTIONS › Subpart A - GENERAL PROVISIONS › Section 2790.5 - When Collection In Jeopardy, Payment Period Shortened

Current through Register Vol. 48, No. 28, July 12, 2024
a) In every case where the collection of the
				full amount of the accrued contributions or payments in lieu of contributions
				may be jeopardized by delay, the Director may at any time, in writing, demand
				and enforce payment of any such contributions, or reimbursements without
				waiting for the last day of the month next following the calendar quarter for
				which the contributions have accrued, or the last day of the thirty days from
				the mailing date of the statement of amounts of the benefits to be
				reimbursed.
b) Examples of when the
				Director may shorten the payment period in case of jeopardy are where an
				employer voluntarily or involuntarily ceases business, liquidates, transfers
				his assets, merges or consolidates with some other individual or employment
				unit, assigns for benefit of creditors, or is adjudicated bankrupt, or in case
				of death of the proprietor or dissolution of the employing unit.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2790 - COLLECTION OF UNEMPLOYMENT CONTRIBUTIONS › Subpart A - GENERAL PROVISIONS › Section 2790.10 - Cases When Collection May Be Deferred

Current through Register Vol. 48, No. 28, July 12, 2024
The Director may desist from collecting an unpaid account if
				  from all the facts presented to him, it is shown that the amount that can be
				  realized is not commensurate with the cost of collection. He may also defer
				  collection if upon proper application and showing of all pertinent facts, a
				  nonprofit organization or governmental entity proves to the satisfaction of the
				  Director that collection enforcement at a particular time would make its
				  continued operation not possible. The Director shall deny the application to
				  defer collection if the collection of taxes will be jeopardized by
				  delay.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2790 - COLLECTION OF UNEMPLOYMENT CONTRIBUTIONS › Subpart A - GENERAL PROVISIONS › Section 2790.15 - Contributions of Less Than $2.00 Disregarded

Current through Register Vol. 48, No. 28, July 12, 2024
If, at any time, the total amount payable with respect to a
				  quarter, including any contributions, payments in lieu of contributions,
				  interest or penalties is less than $2.00, that amount shall be disregarded. For
				  experience rating and certification purposes, amounts disregarded pursuant to
				  this Section shall be considered as paid.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2790 - COLLECTION OF UNEMPLOYMENT CONTRIBUTIONS › Subpart A - GENERAL PROVISIONS › Section 2790.20 - No Refund of Disregarded Contributions

Current through Register Vol. 48, No. 28, July 12, 2024
No refund or adjustment under Section 2201 of the Act will be
				  granted for an amount disregarded but not actually paid (see Section 56 Ill.
				  Adm. Code
				  2790.15
				  ).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2790 - COLLECTION OF UNEMPLOYMENT CONTRIBUTIONS › Subpart A - GENERAL PROVISIONS › Section 2790.25 - Reimbursement of Lien Recording Fee

Current through Register Vol. 48, No. 28, July 12, 2024
Except in instances in which the Department filed its lien in
				  error, and except when an employing unit's liability covered by a lien arose
				  solely under Section 2600 of the Act, the Director shall not issue a release,
				  withdrawal or partial release of his or her lien unless and until the employer
				  reimburses the Director for any recording fees paid with respect to the lien.
				  If a recorded lien covers multiple quarters, recording fees will be attributed
				  to the oldest quarter covered by the lien that is not attributable to liability
				  that arose solely under Section 2600 of the Act.
EXAMPLE: An employer owes contributions, penalties and
				  interest for a quarter totaling $500. The Director has incurred $50 in
				  recording fees with respect to the filing of a lien. The employer sends a
				  payment of $500 to the Department and requests a release of the recorded lien.
				  The Department will not release the recorded lien because the first $50 was
				  applied to reimburse the Director for the lien recording fee under the
				  application of payment provisions at Section
				  2765.45
				  and, therefore, the liability that gave rise to the lien has not been paid in
				  full.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2815 - EMPLOYEES' GENERAL RIGHTS AND DUTIES › Subpart B - DEDUCTION OR ASSIGNMENT OF BENEFITS › Section 2815.100 - Benefit Rights Not Subject to Waiver, Transfer, or Claims of Creditors

Current through Register Vol. 48, No. 28, July 12, 2024
The right to receive unemployment benefits cannot be waived,
				  transferred, or released by agreement. Neither can it be the subject of
				  assignment, pledge, encumbrance, or claim of creditors. Any such agreement is
				  against public policy and void. However, where the agreement to deduct from
				  benefits or the assignment of benefits is made under the conditions provided in
				  Section
				  2815.105
				  of this Part, such agreement or assignment may be enforced pursuant to the
				  provisions of Section 1300 of the Unemployment Insurance Act [820
				  ILCS 405/1300 ] (Act).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2815 - EMPLOYEES' GENERAL RIGHTS AND DUTIES › Subpart B - DEDUCTION OR ASSIGNMENT OF BENEFITS › Section 2815.105 - Deductions from Unemployment Benefits for Past Due Child Support

Current through Register Vol. 48, No. 28, July 12, 2024
a) Whenever the
				Director is served by the Illinois Department of Healthcare and Family Services
				with a copy of a court or administrative order for withholding of income on
				behalf of the persons specified in subsection (c), the Director shall deduct
				from an individual's benefits past due child support in the designated
				amount.
b) Whenever an individual
				enters into an agreement for the deduction of a specified sum from his benefits
				under the Act in order to pay past due child support, this agreement may be
				enforced by the Illinois Department of Healthcare and Family Services by
				presenting to the Director the original of the agreement and requesting that
				the support payments sought to be satisfied be deducted out of the benefits
				payable to an individual required to provide support. The agreement must be
				signed by the individual and state clearly the amounts to be deducted from his
				benefits, in whose favor the support payments are payable, during which periods
				the deductions are to be made, and by what authority the individual is required
				to make support payments. If the Director is satisfied that the agreement meets
				the requirements of this subsection (b), deductions shall be made in the
				amounts specified in the agreement.
c) The Illinois Department of Healthcare and
				Family Services may enforce and collect from the Director any assignment of
				benefits to, or agreement for deductions for the benefit of, the following
				persons:
1) Those receiving a grant of
				financial aid under Article IV of the Illinois Public Aid Code [305 ILCS 5
				/Art. 4];
2) Those whose
				application for support services under Section 10-1 of the Illinois Public Aid
				Code [305
				ILCS 5/10-1 ] has been approved; and
3) Those receiving public aid or support
				services from other states.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2815 - EMPLOYEES' GENERAL RIGHTS AND DUTIES › Subpart B - DEDUCTION OR ASSIGNMENT OF BENEFITS › Section 2815.110 - Deductions from Benefits to be Paid to the Illinois Department of Healthcare and Family Services

Current through Register Vol. 48, No. 28, July 12, 2024
All deductions authorized under Section
				  2815.105
				  shall be paid to the Illinois Department of Healthcare and Family Services.
				  These payments are considered constructively made to the individual and they
				  shall be defense to the Director against claims of the individual whose
				  benefits have been reduced by the deductions taken.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2815 - EMPLOYEES' GENERAL RIGHTS AND DUTIES › Subpart B - DEDUCTION OR ASSIGNMENT OF BENEFITS › Section 2815.115 - Illinois Department of Healthcare and Family Services Acting for the Director

Current through Register Vol. 48, No. 28, July 12, 2024
In order to insure prompt action on all orders for
				  withholding of income or agreements to deduct referred to in Section
				  2815.105
				  and to insure speedy review of the Director's orders granting deductions, the
				  Director appoints the Division of Child Support, Illinois Department of
				  Healthcare and Family Services, as the Director's agent to act for and on
				  behalf of the Director in the following cases:
a) To receive service of the court or
				administrative order for withholding of income or to accept the presentation of
				an agreement to deduct from the Illinois Department of Healthcare and Family
				Services required in Section
				2815.105(a)
				and (b);
b) To determine the sufficiency of the order
				or the agreement in accordance with the requirements provided in Section
				2815.105;
c) To design and adopt a
				compatible program that could be entered in the Agency's computer system and
				enable the Director:
1) To know if the
				beneficiary of the order or the party to the agreement is a claimant receiving
				benefits under the Act;
2) To start
				or stop the deductions from benefits after the issuance of the appropriate
				order by the Director;
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2815 - EMPLOYEES' GENERAL RIGHTS AND DUTIES › Subpart B - DEDUCTION OR ASSIGNMENT OF BENEFITS › Section 2815.120 - Order of Deductions From Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
After the Division of Child Support has made a determination
				  that the order or the agreement meets the requirements in Section
				  2815.105
				  and that the subject of the order or the party to the agreement is a claimant
				  receiving benefits under the Act, it must recommend to the Director the
				  issuance of an order of deduction from benefits and certify as to its
				  correctness. The Division of Child Support shall not initiate a deduction from
				  benefits unless and until such an order has been issued by the
				  Director.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2815 - EMPLOYEES' GENERAL RIGHTS AND DUTIES › Subpart B - DEDUCTION OR ASSIGNMENT OF BENEFITS › Section 2815.125 - Notice of Deductions and Right of Appeal

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Director shall give notice to the
				individual whose benefits will be affected by the Director's order of deduction
				at the same time that the order for withholding or the agreement to deduct is
				entered into the Director's computer system by the Division of Child Support of
				the Illinois Department of Healthcare and Family Services. The notice shall
				state the amount of deductions, the authority for the deductions, and the
				claimant's right to appeal the order of deduction in the same manner as appeals
				under Sections 800 and 803 of the Act [820 ILCS 405/800 and 803 ], and of 56
				Ill. Adm. Code 2720. The appeal shall be filed pursuant to Section
				2815.115
				of this Part. However, deductions shall continue during the pendency of the
				appeal.
b) At the hearing on
				appeal, the only issue to be resolved is the validity of the order or deduction
				agreement. If there has been a previous proceeding conducted by the Illinois
				Department of Healthcare and Family Services for this purpose, the claimant
				contesting the validity of the order or the agreement must show why the
				decision of the Illinois Department of Healthcare and Family Services should
				not be given full faith and credit.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2815 - EMPLOYEES' GENERAL RIGHTS AND DUTIES › Subpart B - DEDUCTION OR ASSIGNMENT OF BENEFITS › Section 2815.130 - Improper Deductions from Benefits

Current through Register Vol. 48, No. 28, July 12, 2024
When in the appeal process or in any proceedings, it is found
				  that deductions from the claimant's benefits pursuant to Section
				  2815.105
				  are improper or not in accordance with the law, the Director shall, after due
				  notice to all parties, stop further deductions. Requests for reimbursements of
				  improper deductions must be directed to the Illinois Department of Healthcare
				  and Family Services, Division of Child Support, at the address specified in
				  Section
				  2815.115(e).
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart A - GENERAL PROVISIONS › Section 2830.10 - Mailing Address for Benefit Checks and Debit Cards

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department uses a third-party vendor
				to issue, mail and manage all benefit checks and debit cards. Benefit checks
				and debit cards will be mailed to the address provided by the claimant in
				accordance with 56 Ill. Adm. Code
				2720.35. The
				vendor will only mail a benefit check or debit card to the address given to the
				vendor by the Department. It is the claimant's responsibility to ensure the
				Department has the claimant's correct address.
b) Neither benefit checks nor debit cards
				will be mailed to a Post Office box unless the claimant provides the local
				office with a home address and an explanation of why the claimant wants the
				benefit check or debit card sent to a Post Office box.
c) Neither benefit checks nor debit cards
				will be mailed to an address outside of the United States or Canada unless the
				claimant provides a reason that indicates only a temporary absence from this
				country or Canada.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart B - PAYMENT TO DECEASED CLAIMANTS › Section 2830.210 - Payment to a Minor Survivor of a Deceased Claimant or to a Minor When the Claimant is Comatose (Repealed)

Current through Register Vol. 48, No. 28, July 12, 2024
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart C - REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS › Section 2830.300 - Requests for Reissuance of Checks Or Replacement of Electronic Payments

Current through Register Vol. 48, No. 28, July 12, 2024
a) With respect to
				benefit payments made by paper check:
1) If
				the claimant is filing an intrastate claim (see 56 Ill. Adm. Code 2714 for
				interstate claims) and is seeking the reissuance of a benefit payment check,
				the claimant shall contact the Department by calling Claimant Services, obtain
				a required form provided by the Department, provide the Department with
				Department-requested documents that prove the claimant's identity, and, on the
				required Department form, request reissuance of the check. The documents
				required to prove the claimant's identity are a copy of both sides of the
				claimant's current and valid driver's license or State identification card and
				a copy of both sides of the claimant's valid Social Security card. The
				telephone number for Claimant Services is 800-244-5631 and is available on the
				Department's website (ides.illinois.gov).
A)
				If the original check has been returned to the Department by either the
				claimant or the Post Office, the Department will promptly cause a replacement
				check to be issued to the claimant.
B) If the original check has not been
				processed by the payor financial institution and has not been returned, the
				Department will cause payment to not be issued on the check. After confirmation
				that the stop on the payment of the check has been processed, the Department
				will promptly cause a replacement check to be issued to the claimant.
C) If the original check has already been
				processed by the payor financial institution and has not been returned, the
				claimant will be sent instructions as outlined in Section
				2830.305.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart C - REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS › Section 2830.303 - Lost Or Stolen Debit Cards

Current through Register Vol. 48, No. 28, July 12, 2024
A claimant must report a lost or stolen debit card
				  immediately to the financial institution that issued the card by calling the
				  telephone number provided on the cardholder agreement provided by the financial
				  institution. The telephone number will also be available on the Department's
				  website. A replacement card will be issued in accordance with the terms and
				  conditions of the cardholder agreement.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart C - REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS › Section 2830.305 - Where Original Benefit Check Has Been Processed By The Payor Financial Institution

Current through Register Vol. 48, No. 28, July 12, 2024
a) When a
				claimant makes a request for reissuance of a payment pursuant to Section
				2830.300
				and the Department determines that the check has already been processed by the
				payor financial institution, the Department will send the claimant a copy of
				the check and an Affidavit of Non-Endorsement. If the claimant believes that
				neither the claimant nor the claimant's authorized agent endorsed the check,
				then within 30 days after the mailing of the copy of the check the claimant
				must file the completed Affidavit of Non-Endorsement with the Department.
				Instructions for making the filing appear on the document.
b) When a request for reissuance of a benefit
				check is made by a second endorser and the original benefit check has been
				processed by the payor financial institution, the request must be made within
				90 days after the date that the check was paid by the payor financial
				institution.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart C - REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS › Section 2830.310 - Check, Debit Card Or Direct Deposit Authorization Investigation

Current through Register Vol. 48, No. 28, July 12, 2024
a) When an
				investigation is to be conducted because the claimant claims nonreceipt of a
				benefits check or the proceeds of a payment, the claimant must file a completed
				Affidavit of Non-Endorsement, in the case of a paper check, or a Payment Tracer
				and Affidavit of Non-Receipt of UI Benefits Form, in the case of an electronic
				payment, in accordance with the filing instructions stated on the appropriate
				form. Each of these forms will be provided by the Department, and the claimant
				may request these forms by calling Claimant Services. The telephone number for
				Claimant Services is 800-244-5631 and is available on the Department's website
				(ides.illinois.gov). When submitting the appropriate completed Affidavit, the
				claimant must also submit proof of identification by including photocopies of
				requested documents. The documents required to prove the claimant's identity
				are a copy of both sides of the claimant's current and valid driver's license
				or State identification card and a copy of both sides of the claimant's valid
				Social Security card. When an Affidavit has been filed at a local office, all
				materials relevant to the investigation shall be forwarded to the Department's
				Benefit Payment Control Subdivision.
b) The Department's Benefit Payment Control
				Subdivision will conduct an investigation, including an interview of the
				claimant as provided in Section
				2830.325,
				and will issue a decision either allowing or denying the request for reissuance
				of payment as provided in Section
				2830.335.
c) Prior to the interview required by Section
				2830.325, the Department employee who conducted the initial investigation shall
				record the results of the following in chronological order:
1) Any contact with the second endorser or
				payor financial institution. Any relevant information or evidence, such as
				check cashing registration cards or direct deposit information, should be noted
				and included in the file;
2)
				Contact with additional witnesses as might be deemed necessary by the
				Department employee who conducted the investigation; and
3) Any contact with the claimant, including
				any background information that might have been discovered.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart C - REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS › Section 2830.315 - Notice of Interview

Current through Register Vol. 48, No. 28, July 12, 2024
a) Written
				notice of the date, time and place of the interview will be mailed to the
				claimant, at the address shown on the Affidavit of Non-Endorsement or on the
				Payment Tracer and Affidavit of Non-Receipt of UI Benefits Form submitted by
				the claimant, at least 10 days prior to the date of the interview.
b) The notice of interview will identify the
				facts and issues to be covered by the interview.
Illinois Administrative Code › Title 56 - LABOR AND EMPLOYMENT › Part 2830 - PAYMENT OF BENEFITS › Subpart C - REISSUANCE OF BENEFIT CHECKS, MISDIRECTED PAYMENTS OR LOST OR STOLEN DEBIT CARDS › Section 2830.320 - Continuances

Current through Register Vol. 48, No. 28, July 12, 2024
The Department employee to whom the matter is assigned shall
				  grant continuances only for good cause shown. When a continuance is granted,
				  the interview shall be rescheduled for the earliest possible time convenient to
				  all parties. All parties shall be informed of the date, time and place of the
				  rescheduled interview either orally or in writing.