Bill Text: IL HB2597 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Unemployment Insurance Act. Provides that upon payment of an annual administrative fee not exceeding $100, during the first 3 calendar quarters an employer may pay its quarterly contributions due for wages in equal installments. Establishes a schedule for payment of the contributions. Provides for the accrual of interest. Authorizes the issuance of necessary rules. Provides that payment on a quarterly basis is not available for calendar years when there are outstanding bonds under the Illinois Unemployment Insurance Trust Fund Financing Act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-02-19 - Referred to Rules Committee [HB2597 Detail]
Download: Illinois-2015-HB2597-Introduced.html
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1 | AN ACT concerning employment.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Unemployment Insurance Act is amended by | ||||||||||||||||||||||||
5 | changing Section 1400 as follows:
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6 | (820 ILCS 405/1400) (from Ch. 48, par. 550)
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7 | Sec. 1400. Payment of contributions. | ||||||||||||||||||||||||
8 | (a) On and after July 1, 1937,
contributions shall accrue | ||||||||||||||||||||||||
9 | and become payable by each employer for each
calendar year in | ||||||||||||||||||||||||
10 | which he is subject to this Act, with respect to wages
payable | ||||||||||||||||||||||||
11 | for employment occurring during the six months' period | ||||||||||||||||||||||||
12 | beginning
July 1, 1937, and the calendar years 1938, 1939, and | ||||||||||||||||||||||||
13 | 1940. For the year
1941 and for each calendar year thereafter, | ||||||||||||||||||||||||
14 | contributions shall accrue
and become payable by each employer | ||||||||||||||||||||||||
15 | upon the wages paid with respect to
employment after December | ||||||||||||||||||||||||
16 | 31, 1940. Except as otherwise provided in subsection (b) and | ||||||||||||||||||||||||
17 | Section 1400.2, such contributions shall become due
and shall | ||||||||||||||||||||||||
18 | be paid quarterly on or before the last day of the month next
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19 | following the calendar quarter for which such contributions | ||||||||||||||||||||||||
20 | have
accrued; except that any employer who is delinquent in | ||||||||||||||||||||||||
21 | filing a
contribution report or in paying his contributions for | ||||||||||||||||||||||||
22 | any calendar
quarter may, at the discretion of the Director, be | ||||||||||||||||||||||||
23 | required to report
and to pay contributions on a calendar month |
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1 | basis. Such contributions
shall not be deducted, in whole or in | ||||||
2 | part, from the wages of
individuals in such employer's employ. | ||||||
3 | If the Director shall find that
the collection of any | ||||||
4 | contributions will be jeopardized by delay, he may
declare the | ||||||
5 | same to be immediately due and payable.
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6 | In the payment of any contributions, interest, or | ||||||
7 | penalties, a
fractional part of a cent shall be disregarded | ||||||
8 | unless it amounts to
one-half cent or more, in which case it | ||||||
9 | shall be increased to one cent.
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10 | The Director may by regulation provide that if, at any | ||||||
11 | time, a total
amount of less
than $2 is payable with respect to | ||||||
12 | a quarter, including any
contributions, payments in lieu of | ||||||
13 | contributions, interest or
penalties, such amount may be | ||||||
14 | disregarded. Any amounts
disregarded under this paragraph are | ||||||
15 | deemed to have been paid for all
other purposes of this Act. | ||||||
16 | Nothing in this paragraph is intended to
relieve any employer | ||||||
17 | from filing any reports required by this Act or by
any rules or | ||||||
18 | regulations adopted by the Director pursuant to this Act.
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19 | Except with respect to the provisions concerning amounts | ||||||
20 | that may be
disregarded pursuant to regulation, this Section | ||||||
21 | does not apply to any
nonprofit organization or any | ||||||
22 | governmental
entity referred to in subsection B of Section 1405 | ||||||
23 | for any
period with respect to which it does not incur | ||||||
24 | liability for the payment
of contributions by reason of having | ||||||
25 | elected to make payments in lieu of
contributions, or to any | ||||||
26 | political subdivision or municipal corporation
for any period |
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1 | with respect to which it is not subject to payments in
lieu of | ||||||
2 | contributions under the provisions of paragraph 1 of Section
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3 | 302C by reason of having elected to make payments in lieu of
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4 | contributions under paragraph 2 of that Section, or to the | ||||||
5 | State of
Illinois or any of its instrumentalities.
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6 | The Director may, by regulation, provide that amounts due | ||||||
7 | from an employing unit for contributions, payments in lieu of | ||||||
8 | contributions, penalties, or interest be paid by an electronic | ||||||
9 | funds transfer, including amounts paid on behalf of an | ||||||
10 | employing unit by an entity representing the employing unit. | ||||||
11 | The regulation shall not apply to an employing unit until the | ||||||
12 | Director notifies the employing unit of the regulation. Except | ||||||
13 | as otherwise provided in this Section, where the employing | ||||||
14 | unit, within 30 days of the date of service of the notice sent | ||||||
15 | pursuant to this amendatory Act of the 98th General Assembly, | ||||||
16 | notifies the Director that it declines to pay by electronic | ||||||
17 | funds transfer, the regulation shall not apply to the employing | ||||||
18 | unit. Except as otherwise provided in this Section, where the | ||||||
19 | employing unit, within 30 days of the date of service of a | ||||||
20 | notice sent pursuant to Section 1509 of this Act, notifies the | ||||||
21 | Director that it declines to pay by electronic funds transfer, | ||||||
22 | the regulation shall not apply to the employing unit with | ||||||
23 | respect to any payment due after the date the employing unit so | ||||||
24 | notifies the Director. The Director is authorized to provide by | ||||||
25 | regulation reasonable penalties for employing units that are | ||||||
26 | subject to and fail to comply with such a regulation. Any |
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1 | employing unit that is not subject to the regulation may elect | ||||||
2 | to become subject to the regulation by paying amounts due for | ||||||
3 | contributions, payments in lieu of contributions, penalties, | ||||||
4 | or interest by an electronic funds transfer. Notwithstanding | ||||||
5 | any other provision to the contrary, in the case of an entity | ||||||
6 | representing 5 or more employing units, neither the entity nor | ||||||
7 | the employing units (for as long as they are represented by | ||||||
8 | that entity) shall have the option to decline to pay by | ||||||
9 | electronic funds transfer. | ||||||
10 | (b) For an annual administrative fee not to exceed $100, an | ||||||
11 | employer subject to the payment of contributions may pay its | ||||||
12 | quarterly contributions due for wages paid during the first 3 | ||||||
13 | quarters of a calendar year in equal installments as follows: | ||||||
14 | (1) For contributions due for wages paid during the | ||||||
15 | first quarter of that calendar year, one-fourth of the | ||||||
16 | contributions due must be paid on or before April 30 of | ||||||
17 | that calendar year, one-fourth must be paid on or before | ||||||
18 | July 31 of that calendar year, one-fourth must be paid on | ||||||
19 | or before October 31 of that calendar year, and one-fourth | ||||||
20 | must be paid on or before January 31 of the succeeding | ||||||
21 | calendar year. | ||||||
22 | (2) In addition to the payments specified in paragraph | ||||||
23 | (1) above, for contributions due for wages paid during the | ||||||
24 | second quarter of that calendar year, one-third of the | ||||||
25 | contributions due must be paid on or before July 31 of that | ||||||
26 | calendar year, one-third must be paid on or before October |
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1 | 31 of that calendar year, and one-third must be paid on or | ||||||
2 | before January 31 of the succeeding calendar year. | ||||||
3 | (3) In addition to the payments specified in paragraphs | ||||||
4 | (1) and (2), for contributions due for wages paid during | ||||||
5 | the third quarter of that calendar year, one-half of the | ||||||
6 | contributions due must be paid on or before October 31 of | ||||||
7 | that calendar year, and one-half must be paid on or before | ||||||
8 | January 31 of the succeeding calendar year. | ||||||
9 | (4) The annual administrative fee assessed for | ||||||
10 | electing to pay under this subsection for a calendar year | ||||||
11 | shall be due and payable on or before April 30 of that | ||||||
12 | calendar year and shall be deposited into the Special | ||||||
13 | Administrative Account. | ||||||
14 | Interest shall not accrue on any contribution that becomes | ||||||
15 | due for wages paid during the first 3 quarters of a calendar | ||||||
16 | year if the employer elects to utilize the provisions of this | ||||||
17 | subsection and pays its contributions and administrative fee in | ||||||
18 | accordance with paragraphs (1) through (4). If an employer | ||||||
19 | elects to utilize the provisions of this subsection but fails | ||||||
20 | to pay its contributions when due in accordance with paragraphs | ||||||
21 | (1) through 4, interest shall accrue as of the date that such | ||||||
22 | payment was originally due without regard to this subsection. | ||||||
23 | The Director may promulgate such rules as he or she deems | ||||||
24 | necessary to carry out the provisions of this subsection. | ||||||
25 | The provisions of this subsection shall not be in effect | ||||||
26 | for a calendar year if, as of January 1 of that calendar year, |
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1 | there are bonds outstanding pursuant to the Illinois | ||||||
2 | Unemployment Insurance Trust Fund Financing Act. | ||||||
3 | (Source: P.A. 98-107, eff. 7-23-13.)
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