Bill Text: IL HB2773 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Unemployment Insurance Act to provide that if an individual's benefit year begins on or after March 8, 2020, but before the week following the last week of a disaster period established by the gubernatorial disaster proclamations in response to COVID-19, recovery by suit in the name of the People of the State of Illinois or recoupment from benefits payable to an individual for any week shall be permanently waived if the sum was received by the individual without fault on his or her part. Provides that, in cases of such permanent waiver of recovery or recoupment, the Director of Employment Security may not request the Comptroller or the Secretary of the Treasury to withhold a sum of benefits for which an individual is found to be ineligible. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2773 Detail]

Download: Illinois-2021-HB2773-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2773 Introduced , by Rep. Suzanne Ness SYNOPSIS AS INTRODUCED:
820 ILCS 405/900 from Ch. 48, par. 490
Amends the Unemployment Insurance Act to provide that if an individual's benefit year begins on or after March 8, 2020, but before the week following the last week of a disaster period established by the gubernatorial disaster proclamations in response to COVID-19, recovery by suit in the name of the People of the State of Illinois or recoupment from benefits payable to an individual for any week shall be permanently waived if the sum was received by the individual without fault on his or her part. Provides that, in cases of such permanent waiver of recovery or recoupment, the Director of Employment Security may not request the Comptroller or the Secretary of the Treasury to withhold a sum of benefits for which an individual is found to be ineligible. Effective immediately.
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A BILL FOR
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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Unemployment Insurance Act is amended by
changing Section 900 as follows:
(820 ILCS 405/900) (from Ch. 48, par. 490)
Sec. 900. Recoupment.)
A. Whenever an individual has received any sum as benefits
for which he is found to have been ineligible, the amount
thereof may be recovered by suit in the name of the People of
the State of Illinois, or, from benefits payable to him, may be
recouped:
1. At any time, if, to receive such sum, he knowingly
made a false statement or knowingly failed to disclose a
material fact.
2. Within 3 years from any date prior to January 1,
1984, on which he has been found to have been ineligible
for any other reason, pursuant to a reconsidered finding
or a reconsidered determination, or pursuant to the
decision of a Referee (or of the Director or his
representative under Section 604) which modifies or sets
aside a finding or a reconsidered finding or a
determination or a reconsidered determination; or within 5

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years from any date after December 31, 1983, on which he
has been found to have been ineligible for any other
reason, pursuant to a reconsidered finding or a
reconsidered determination, or pursuant to the decision of
a Referee (or of the Director or his representative under
Section 604) which modifies or sets aside a finding or a
reconsidered finding or a determination or a reconsidered
determination. Recoupment pursuant to the provisions of
this paragraph from benefits payable to an individual for
any week may be waived upon the individual's request, if
the sum referred to in paragraph A was received by the
individual without fault on his part and if such
recoupment would be against equity and good conscience.
Such waiver may be denied with respect to any subsequent
week if, in that week, the facts and circumstances upon
which waiver was based no longer exist.
3. Notwithstanding paragraph 2, if the individual's
benefit year begins on or after March 8, 2020, but prior to
the week following the last week of a disaster period
established by the gubernatorial disaster proclamation in
response to COVID-19, dated March 9, 2020, and any
subsequent gubernatorial disaster proclamation in response
to COVID-19, recovery by suit in the name of the People of
the State of Illinois or recoupment pursuant to paragraph
2 from benefits payable to an individual for any week
shall be permanently waived if the sum referred to in

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subsection A was received by the individual without fault
on his or her part.
B. Whenever the claims adjudicator referred to in Section
702 decides that any sum received by a claimant as benefits
shall be recouped, or denies recoupment waiver requested by
the claimant, he shall promptly notify the claimant of his
decision and the reasons therefor. The decision and the notice
thereof shall state the amount to be recouped, the weeks with
respect to which such sum was received by the claimant, and the
time within which it may be recouped and, as the case may be,
the reasons for denial of recoupment waiver. The claims
adjudicator may reconsider his decision within one year after
the date when the decision was made. Such decision or
reconsidered decision may be appealed to a Referee within the
time limits prescribed by Section 800 for appeal from a
determination. Any such appeal, and any appeal from the
Referee's decision thereon, shall be governed by the
applicable provisions of Sections 801, 803, 804 and 805. No
recoupment shall be begun until the expiration of the time
limits prescribed by Section 800 of this Act or, if an appeal
has been filed, until the decision of a Referee has been made
thereon affirming the decision of the Claims Adjudicator.
C. Any sums recovered under the provisions of this Section
shall be treated as repayments to the Department of sums
improperly obtained by the claimant.
D. Whenever, by reason of a back pay award made by any

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governmental agency or pursuant to arbitration proceedings, or
by reason of a payment of wages wrongfully withheld by an
employing unit, an individual has received wages for weeks
with respect to which he has received benefits, the amount of
such benefits may be recouped or otherwise recovered as herein
provided. An employing unit making a back pay award to an
individual for weeks with respect to which the individual has
received benefits shall make the back pay award by check
payable jointly to the individual and to the Department.
E. The amount recouped pursuant to paragraph 2 of
subsection A from benefits payable to an individual for any
week shall not exceed 25% of the individual's weekly benefit
amount.
Except in the case of permanent waiver of recovery or
recoupment as provided in paragraph 3 of subsection A, in In
addition to the remedies provided by this Section, when an
individual has received any sum as benefits for which he is
found to be ineligible, the Director may request the
Comptroller to withhold such sum in accordance with Section
10.05 of the State Comptroller Act and the Director may
request the Secretary of the Treasury to withhold such sum to
the extent allowed by and in accordance with Section 6402(f)
of the federal Internal Revenue Code of 1986, as amended.
Benefits paid pursuant to this Act shall not be subject to such
withholding. Where the Director requests withholding by the
Secretary of the Treasury pursuant to this Section, in

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addition to the amount of benefits for which the individual
has been found ineligible, the individual shall be liable for
any legally authorized administrative fee assessed by the
Secretary, with such fee to be added to the amount to be
withheld by the Secretary.
(Source: P.A. 97-621, eff. 11-18-11; 97-791, eff. 1-1-13.)
Section 99. Effective date. This Act takes effect upon
becoming law.